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Law and Politics
Reference:
Narutto, S.V.
Territory of the constituent subject of the Russian
Federation.
// Law and Politics.
2013. № 1.
P. 13-17.
URL: https://en.nbpublish.com/library_read_article.php?id=51894
Narutto, S.V. Territory of the constituent subject of the Russian
Federation.
Abstract:
Based on the analysis of the Constitutions of the Republics
and the Ustavs of the other constituent subjects of the Russian
Federation, as well as the current regional legislation,
the author studies the definition of territory of the constituent
subjects of the federation as an object of their application. It
is noted that the limits to the independency of the constituent
subjects are understood in a variety of ways. The author
singles out four approaches towards territory in regional
constitutional (Ustav) regulation: geographical, administrative
territorial, municipal territorial and lack of regulation.
Having analyzed the geographical approach, and noting the
variety of formulae in the relevant legislation, the author
comes to a conclusion that the territory of a constituent subject
includes dry land, domestic waters, the aerial space over
the waters and land, as well as the subsoil of the constituent
subject. This position is supported by the issues of shared
competence of the Russian Federation and its constituent
subjects according to the Constitution of the Russian Federation.
The author points out that administrative territorial
approach is characterized by provision for administrative
territorial objects with no geographical references. The municipal
territorial approach is characterized by mention of
municipal formations within the territory of the constituent
subject. It is noted that most of the constituent subjects fail to
define territory in their basic laws. Then the author comes to
a conclusion, that it is necessary to harmonize the legislation of the constituent subjects of the Russian Federation in the
sphere of defining their territory.
Keywords:
jurisprudence, territory, constituent subject, federation, Ustav, dry soil, waters, air, unit.
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This article written in Russian. You can find original text of the article here
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References
1. Lebedev A.N. Konstitutsionno-pravovoy status territorii sub'ekta Rossiyskoy Federatsii // Konstitutsionnyy stroy Rossii. Vyp. 4. M. , 2003. S. 79.
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