Oriental Studies (May 2018)
The Role of Contractual Relations in the Formation of the Russian Federative State
Abstract
The article deals with the formation and development of the model of federalism. The academic novelty is that it comprehensively studies three stages in the development of the Russian federative state: the political-transformational, constitutional-contractual, and stabilizing ones. Analysis of the first stage (1990-1995) shows that due to the signed Treaty of Federation and it inclusion in the Constitution of the Russian Federation, centrifugal trends that could threaten the unity of the country were avoided. At the second stage (1995-2000), according to article 78 of Russia’s Constitution there were signed approximately 50 treaties On Delimitation of Competences and Mutual Delegations of Authority between Government Bodies of the Russian Federation and Those of Russia’s Federal Subjects. The documents were signed due objective reasons: federal subjects of Russia differ both in terms of their legal status and their ethnic composition, which is aggravated by varied socio-economic, climatic and other features. Meanwhile, analysis of the bilateral treaties between the federal center and Russia’s regions, their constitutions and charters revealed their non-conformity to certain provisions of the Constitution of the Russian Federation. In particular, the Constitution of the Kabardino-Balkar Republic (1997) proclaimed national sovereignty - despite the fact that according to the Constitution of Russia republics were not sovereign. Similar discrepancies could once be found in constitutions of some other federal subjects. At the same time, no balance of interests was observed, and the general situation in the sphere of federative relations was unstable in the early 1990s. Thus, at the third stage (2000-2005) an administrative reform was implemented to consolidate the Russian statehood. The federal laws - On Principles and Order for the Delimitation of Competences and Powers between Government Bodies of the Russian Federation and Those of Russia’s Federal Subjects (24 June 1999), On Introduction of Amendments and (Additional) Provisions to the Federal Law On General Principles for the Organization of Legislative (Representative) and Executive Bodies of State Power of Russia’s Federal Subjects (6 October 1999) - systemized and elaborated the procedure of contractual delimitation of competences and powers. The laws set forth that the existing treaties were to be brought into line with the federal legislation and further ones to be approved by special federal laws. The enacted laws demand that government and local authorities faithfully execute article 71 of the Constitution of Russia which determines the exclusive competences of the Russian Federation. The competences can be transferred neither to federal subjects or local municipalities otherwise than through definite amendments to Russia’s Constitution. Besides, eight federal districts were established headed by plenipotentiary representatives of the President. Their goal was to bring regional laws into line with the Russian Constitution and federal legislation. Within a short period, over three and a half thousand legislative acts of federal subjects were brought to conformity with the main law of the country which strengthened the positions of the federal center, consolidated the federation, and unified the legal framework nationwide.
