Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)
Full text PDF(Ru):
PDF icon ekonomika_2022_1_104-113.pdf
(downloads: 0)
Language: 
Russian
Heading: 
Law
Article type: 
Article
UDC: 
342.24
DOI: 
10.18500/1994-2540-2022-22-1-104-113

Constitutional-legal and socio-economic prerequisites and goals for the creation of federal territories in the Russian Federation and abroad

Autors: 
Starikov Sergey Sergeevich, Saratov State University
Abstract: 

Introduction. The establishment of the possibility of creating federal territories in the Constitution of the Russian Federation and the subsequent adoption of the Federal Law “On the Federal Territory “Sirius” No. 437-FZ of December 22, 2020 make us take a closer look at foreign experience in determining the constitutional legal status, mechanisms of creation and features of functioning of federal territories. Carrying out a comparative analysis will make it possible to predict the prospects for further development of legislation on the creation and identifi cation of the main goals of functioning of federal territories. Theoretical analysis. The review of the types of federal territories and federal districts in the constitutional and legal practice of foreign states allows us to conclude that their creation requires a system of constitutional-legal and socioeconomic prerequisites. The main prerequisites include establishment of the possibility, goals and mechanisms of creation of a federal territory in the Constitution of the state, the defi nition of the spatial and geographical characteristics of the federal territory, as well as the peculiarities of the legal regime of public authority exercised in this territory in the legislation of the state. Empirical analysis. Russia has quite a lot of experience in creating a legal framework for socio-economic, environmental, scientifi c and technological development in individual territories, which was taken into account when creating the Federal Law on Sirius. Results. At present, the main constitutional-legal and socio-economic prerequisites for the creation of new federal territories of Russia have been formed. These prerequisites are of an objective nature and are generally comparable with the experience of foreign countries with the state territorial structure that includes federal territories. The goals of creating federal territories in Russia and foreign countries have their own specifi cs. Abroad, such goals, as a rule, are the special status of the capital, construction of defense structures, environmental protection, and preservation of the specifi cs of the territories where indigenous peoples live. In Russia, the federal territory “Sirius” was created in order to ensure the socio-economic and innovative development of the territory, to increase its investment attractiveness, to preserve the Olympic sports, cultural and natural heritage, to create favorable conditions for identifi cation, self-realization and development of talents, implementation of priorities in scientifi c and technological development of the Russian Federation. In foreign practice, as a rule, the mechanisms for creating federal territories are not used for these purposes, but other socio-economic and organizational-legal instruments are applied.

Key words: 
territorial structure of the state
federal territory
innovative development of Russia
constitutional reform in 2020
public authorities
Reference: 
  1. 1. Markhgeym M. V. The constitutional model of the Federal Territories: Foreign experience for Russia’s Prospects. Sotsial’no-politicheskie nauki [Socio-political Sciences], 2020, no. 3, pp. 56–61 (in Russian). https://doi.org/10.33693/2223-0092-2020-10-3-56-61
  2. Praskova S. V. Constitutional regulation of territory structure of a state: Comparative legal research. Journal of Foreign Legislation and Comparative Law, 2011, no. 6, pp. 26–37 (in Russian).
  3. Irkhin I. V. Federal Territories and Federal Districts: the Confusion of Constitutional-Legal Models. Journal of Foreign Legislation and Comparative Law, 2017, no. 6, pp. 30–37 (in Russian). https://doi.org/10.12737/article_5a1e71d9d03671.35583995
  4. Mochalov A. N. Territorial Structure of India in the Context of Ethnic and Cultural Diversity. Journal of Foreign Legislation and Comparative Law, 2017, no. 5, pp. 62–68 (in Russian). https://doi.org/10.12737/article_59bbac1ca98527.96839626
  5. Leksin I. V. Relations between the federal and provincial-territorial levels of government in Canada. Vestnik Moskovskogo universiteta. Seriya 21. Upravlenie (gosudarstvo i obshchestvo), 2007, no. 2, pp. 81–102 (in Russian).
  6. Praskova S. V. About federal territorial units. Actual Problems of Russian Law, 2013, no. 12, pp. 1543–1551 (in Russian).
  7. Dzidzoev R. M. Institute of federal territories in the Russian Federation (by the case of the federal territory «Sirius»). Legal Bulletin of the Kuban State University, 2021, no. 2, pp. 2–8 (in Russian). https://doi.org/10.31429/20785836-13-2-2-8
  8. Konstitutsii gosudarstv (stran) mira. Biblioteka konstitutsiy Pashkova Romana (Constitutions of states (countries) of the world. Library of constitutions of Pashkov Roman). Available at: https://worldconstitutions.ru/ (accessed 29 October 2021) (in Russian).
  9. Zenin S. S. The Public Power System in the Russian Federation: New Approaches to Legal Regulation under the Constitutional Reform. Lex Russica, 2020, vol. 73, no. 12, pp. 42–53 (in Russian). https://doi.org/10.17803/1729- 5920.2020.169.12.042-053
  10. Markhgeym M. V. Update of the Constitution of Russia: Institutional sketch. Nauka i obrazovanie: hozyaistvo i ekonomika; predprinimatel’stvo; pravo i upravlenie [Science and education: economy and economics; entrepreneurship; law and administration], 2020, no. 7 (122), pp. 29–32 (in Russian).
  11. On compliance with the provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation of the provisions of the Law of the Russian Federation on the Amendment to the Constitution of the Russian Federation “On improving the Regulation of Certain Issues of the Organization and Functioning of Public Power” that have not entered into force, as well as on compliance with the Constitution of the Russian Federation of the procedure for entry into force of Article 1 of this Law in connection with the request of the President of the Russian Federation no. 1-Z of March 16, 2020 city of St. Petersburg. Conclusion of the Constitutional Court of the Russian Federation. Rossiiskaia gazeta [Russian newspaper], 2020, March 17 (in Russian).
  12. On a closed administrative-territorial entity. Law of the Russian Federation 3297-114 of 14.07.1992. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2021, no. 9, art. 1467 (in Russian).
  13. On special economic zones in the Russian Federation. Federal Law 116-FZ of 22.07.2005. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2005, no. 30, art. 3127; 2021, no. 24 (pt. I), art. 4188 (in Russian).
  14. On the territories of advanced socio-economic development in the Russian Federation. Federal Law 473-FZ of 29.12.2014. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2015, no. 1, art. 26; 2021, no. 24 (pt. I), art. 4188 (in Russian).
  15. On Special Administrative Regions in the Territories of the Kaliningrad Region and Primorsky Territory. Federal Law 291-FZ of 03.08.2018. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2018, no. 32, art. 5084 (in Russian).
  16. On the Skolkovo Innovation Center. Federal Law 244-FZ of 28.09.2010. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2010, no. 40, art. 4970; 2019, no. 31. art. 4457 (in Russian).
  17. On state support of entrepreneurial activity in the Arctic zone of the Russian Federation. Federal Law 193-FZ of 13.07.2020. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2020, no. 29, art. 4503; 2021, no. 27 (pt. I), art. 5178 (in Russian).
  18. On the protection of Lake Baikal. Federal Law 94-FZ of 01.05.1999. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1999, no. 18, art. 2220; 2021, no. 24 (pt. I), art. 4207 (in Russian).
  19. Rules for determining the territory intended for the implementation of the project for the creation and operation of the Skolkovo innovation center, and the Russian legal entity entrusted with the implementation of the project for the creation and operation of the Skolkovo innovation center. Decree of the Government of the Russian Federation no. 514 of 15.04.2020. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2020, no. 16, art. 2623 (in Russian).
  20. On the federal territory “Sirius”. Federal Law 437-FZ of 22.12.2020. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2020, no. 52 (pt. I), art. 8583; 2021, no. 17, art. 2877 (in Russian).
  21. Aver’yanova N. N. The essence and purpose of state strategic planning documents in modern Russia. Zakonodatel’stvo, 2012, no. 7, pp. 62–67 (in Russian).
  22. Ishchenko A. A. On the legal nature of strategic planning of socioeconomic development in foreign countries. Administrative and municipal law, 2021, no. 3, pp. 1–20 (in Russian). https://doi.org/10.7256/2454-0595.2021.3.35479
Received: 
16.11.2021
Accepted: 
11.12.2021