Russian Federalism

It is hard to find something analogous to the Russian federalism, both in the history and among the modern state models. It does not resolve itself to the nation-state structure, what the Soviet model was like: at the time it did not take the path of just a territorial structure, the latter common to most foreign countries.

Smooth theoretical concepts, even being attractive externally similar to the structures already approved in the West could not eliminate, not even soften the complex and contradictory processes generating crises and destabilizing Russian state structure.

Russian historical traditions, its population structure and huge territory, the mentality of the nations and its geopolitical position are too essential for the country. It was necessary to build federalism in a country where the relevant parameters of the state constituents differ from each other: such as economic development, social characteristics, scientific, educational as well as cultural formation.

Concluding treaties on power delegation actually is not a feature ‘sine qua non’ (Lat. условие, без которого нельзя обойтись) of the Russian federalism development. At the same time, it may be considered necessary and useful. Such treaties are to supplement and develop the provisions vested in the Constitution, especially in cases when specific issues remain unsolved, e.g. which matters must be controlled by the center and which by a subject of the Federation.

The concept of the joint control implies that both the center and a subject of the Federation should know their regulation limits. The need for agreement can also emerge when a subject of the federation has particular nature, national, geographic and other conditions. However, all treaties should be in congruence with the Constitution of the Russian Federation. All aforesaid allows defining the Russian Federation as constitutional.

The history of our country has shown that, with the exception of autonomies which had special rights regarding language and national culture, Russia has been created and developed as a centralized unitary state.

The Declaration of State Sovereignty, passed on June 12, 1990 as well as the Federative Treaty, concluded in 1992, have not only formally but also de facto confirmed Russian political system developing according to the tenets of sovereign nationhood.

The federal act “On principles and order of distinction of control matters and authorities between governing institutions of the Russian federation and governing institutions of the subjects of the Russian Federation” came into force on July 23, 1999. This act has got across the forms of implementation of such authorities as well as across adoption order for the federal acts regulating matters under the joint supervision of the center and the subjects of the Russian Federation.

The order of conclusion of the treaties and agreements between them was also established. This document grants the right to the subjects of the Federation, when federal acts are being prepared, to influence the concept of such an act on the very first stage – by sending regional representatives (with the right of advisory vote) to the applicable committees and commissions of the Lower House of the Parliament – the State Duma.

The controversies on the control matters distinction and the delegation of authorities will be now resolved by the parties concerned during negotiations with using diverse conciliation procedures. Prior to this act, the President could have signed a treaty with a governor or a chief of republic, and the agreement was sometimes not even published in the newspapers, now all the treaties may be signed only after having passed them through the regional Legislative assembly and through the Upper House of the federal Parliament – the Federation Council.

The federative structure of the Russian Federation is asymmetrical, i.e. its subjects are not uniform, thus having their particular problems. The solutions are also sometimes unique. However, the ways in which the solutions are made should be legally clear. The above mentioned Act has to determine this order, in exact conformity with provisions of the Constitution of the Russian Federation.