The activities of territorial bodies are coordinated by the authorized representative of the President of the Russian Federation in the federal district. This eliminates the need for frequent recourse to Moscow when resolving regional issues.
Under the President of the Russian Federation, a commission has been formed on issues of improving public administration.
The commission has the following functions:
ensuring the interaction of public authorities Russian Federation and subjects of the Russian Federation in the process of adopting laws and other regulations of the subjects of the Russian Federation;
development of measures to ensure the compliance of the laws of the constituent entities of the Russian Federation with the Constitution and the laws of the Russian Federation;
elimination of possible disagreements between the state authorities of the Russian Federation and the constituent entities of the Russian Federation, as well as between the representative and executive authorities of the constituent entities of the Russian Federation;
preparation of proposals on the application by the President of the Russian Federation of conciliation procedures to resolve such disagreements.
In order to improve the interaction of the Government of the Russian Federation with the state authorities of the constituent entities of the Russian Federation, to increase the efficiency of decisions at meetings of the Government of the Russian Federation on issues affecting the interests of the constituent entities of the Russian Federation, their heads participate. The heads of all constituent entities of the Russian Federation are invited to the meeting of the Government of the Russian Federation following the results of the year.
The Chairman of the Government of the Russian Federation holds quarterly working meetings on topical issues with the heads of state authorities of the constituent entities of the Russian Federation, meets weekly with the heads of state authorities of the constituent entities of the Russian Federation in accordance with the approved schedule.
The authorities of the constituent entities of the Russian Federation ensure that their activities and adopted regulatory legal acts comply with federal legislation. Their responsibility has been established for violating the Constitution of the Russian Federation, federal laws, ignoring court decisions, as a result of which obstacles were created to the work of federal authorities, local self-government, human rights and freedoms, legally protected interests were violated legal entities. If the court establishes that the legislative body of the constituent entity of the Russian Federation adopted such an act, but this body did not take measures to enforce the court decision to cancel the act. The President of the Russian Federation issues a warning to the legislature. If no measures are taken within three months after the warning, the President of the Russian Federation introduces State Duma bill to dissolve the legislature. The State Duma is obliged to consider this draft within two months.
Similarly, the President of the Russian Federation has the right to act in case of the same violations in relation to the head of the subject of the Russian Federation. The President of the Russian Federation may remove him from office, which entails the resignation of the executive authority headed by him. On a reasoned proposal from the Prosecutor General of the Russian Federation, the President of the Russian Federation also has the right to temporarily suspend the head of a constituent entity of the Russian Federation from exercising his powers in the event that he is charged with a serious crime.
Financial control over the activities of regional authorities is also being improved. Federal treasuries have been opened in all subjects of the Russian Federation and budgetary flows are being controlled. The local banking network is taken under the control of the Bank of Russia.
The current legislation and subordinate normative legal acts establish two types of relationships between executive authorities: coordination and subordination (subordination). Both types of relationships are aimed at ensuring the unity and coherence of the activities of the parts of the state apparatus, although these types of relationships are different in their content.
Subordination (subordination) one organ to another usually implies the following.
The higher body issues acts establishing the legal status of lower bodies (most often provisions), in which it determines the competence of the lower body, its functions. The powers of the superior body include the approval of the maximum staffing and budget financing standards of the subordinate body, the appointment and dismissal of the heads of this body.
It is assumed that subordination means the ability of a higher body to issue instructions and orders binding on lower bodies, and to demand a report on their execution.
For higher authorities, the system of subordination provides for the possibility of canceling decisions (acts) of lower authorities, however, guarantees of the independence of competence suggest that this is possible only if such acts contradict the law or other regulatory legal acts. In certain cases, however, such authority may be granted within the framework of coordinating rather than subordinating relations (for example, the ministry and the federal services and agencies under its control).
An example of subordinate relations can be the interaction of the Government of the Russian Federation and other federal executive bodies, as well as the interaction of a federal body with its territorial bodies.
Coordination Relations also imply a not so subordinate, as in the case of subordination, but a dependent position of the coordinated body. Coordination is often assumed in a certain area, when one body is entrusted with the functions of ensuring the coordinated exercise of powers in a certain area of all other executive bodies.
Coordination implies the mandatory approval of projects or the issuance of joint regulatory legal acts, as well as the approval of certain management decisions - for example, decisions on the creation of territorial bodies. Coordination involves limited control over the activities of coordinated bodies, the publication of methodological recommendations and methodological assistance to coordinated bodies, including the provision of advanced training for employees.
The coordinating body has the right to request the necessary information, create general advisory bodies and working groups, hold joint meetings, have the right to involve the coordinated bodies in joint activities, and involve representatives of the coordinated bodies in joint planning.
Coordination implies responsibility to a higher body for activities in the coordinated area, and partly the performance of the functions of an intermediary between the coordinated bodies and the highest executive authority. For example, a federal ministry submits to the Government drafts of normative legal acts affecting the activities of the services and agencies whose activities it coordinates.
Coordination is carried out by the ministries in relation to the services and agencies under their jurisdiction, and by the executive authorities that are part of the executive branch in relation to other administrative bodies (the Central Bank, extra-budgetary funds).
The implementation of the control function of the legislative authorities of the constituent entities of the Russian Federation in relation to the executive authorities of the regions requires a systematic, integrated approach. Only in this case, the ongoing parliamentary control can be effective and ensure the effectiveness of the work of the parliamentary control bodies.
To achieve this goal, it is necessary to coordinate the activities of all control bodies through the legislature, active cooperation and interaction between them, as well as the implementation of measures to constantly improve their control activities. Such measures can be the development and application of effective measures to identify, prevent and suppress violations in the executive and administrative activities of executive authorities.IN special literature the word "coordination" is briefly defined as
“coordination, expedient correlation of some actions, phenomena” . To coordinate means to establish or establish the right relationships, coordination between something and something. Thus, in the case we are considering, the essence of coordination comes down to mutual agreement, streamlining the activities of various parliamentary control bodies in the regions in order to achieve a common goal.
The concept of "interaction" is closely related to "coordination". In legal science, a number of researchers are of the opinion that interaction is the mutual coordination of the actions of two or more services, separate, not subordinate to each other participants in management, jointly
solving a common problem. At the same time, it should be agreed that “interaction” is a broader term than “coordination”, since “virtually any joint activity is based on the interaction of its participants, however, not all interaction is strictly ordered, coordinated and regulated in accordance with the established conditions and principles. During interaction, in contrast to coordination, its participants, as a rule, do not have any obligations to develop and apply uniform measures, to distribute forces and means, to establish demand for the implementation of recommended measures, and most importantly, a special participant is not allocated, having the authority to organizations
mutual action.
As already noted, one of the main areas in the activities of regional parliaments in the implementation of the control function is control over the implementation of laws. The legislative bodies exercise their control powers directly or through the committees and commissions they form, which are their main working bodies. In accordance with the laws on the parliaments of the constituent entities and regulations, they are formed not only for the preparation and preliminary consideration of draft laws and resolutions of legislative bodies, but also for the implementation of a control function. For example, the Law of the Udmurt Republic dated December 5, 2007 "On the State Council of the Udmurt Republic" establishes that permanent commissions are formed in order to carry out preliminary consideration and preparation of issues that are within the jurisdiction of the legislature, to carry out legislative work, as well as in order to implement the laws of the republic, the resolutions of the parliament and control their execution.
The coordination of the work of committees and commissions of legislative bodies in the regions, including those on control over the implementation of laws, is carried out by the heads of parliaments and (or) their deputies, who supervise the committees in accordance with the order of the head of the legislative body, and to a greater extent, permanent bodies of parliaments - their presidiums (councils). Within their powers, they:
In order to avoid duplication of control measures, they ensure the coordination of the work plans of committees and commissions;
Organize the exchange of information based on the results of control measures in compliance with the mode of use established for such materials:
Give instructions to committees and commissions, their apparatuses;
Consider proposals of committees and commissions on the organization of control over the implementation of the laws of the regions and resolutions of legislative bodies;
May take part (heads of legislative bodies, members of presidiums (councils) in meetings of committees with an advisory vote;
Submit work proposals to Parliament
committees and their reports, ensure the preparation of materials on these issues.
In order to implement the function of control over the implementation of laws,
the most important government programs The committees and commissions of the legislative bodies of the regions often hear information from the heads of the executive bodies at their meetings by the executive branch of the constituent entities of the Russian Federation. Thus, the committees of the State Council of the Chuvash Republic in 2014 at their meetings in order to control the implementation of the laws of the republic and the resolutions of the parliament were
the following questions were considered:
The Committee on State Building, Local Self-Government, Regulations and Deputy Ethics - on the results of monitoring the enforcement of the law of the Chuvash Republic of May 24, 2012 "On the procedure for moving detained vehicles to a specialized parking lot, their storage, payment of expenses for movement and storage, return of vehicles "and other regulations governing the specified procedure, and "Information on the results of monitoring the law enforcement of the Law of the Chuvash Republic "On justices of the peace of the Chuvash Republic", the Law of the Chuvash Republic "On the creation of positions of justices of the peace and judicial districts in the Chuvash Republic"";
Committee on Budget, Finance and Taxes - "Report of the Cabinet of Ministers of the Chuvash Republic on the implementation of the forecast plan (program) for the privatization of state property of the Chuvash Republic for 2013 and the main directions for the privatization of state property of the Chuvash Republic for 2014-2015";
Committee on economic policy, agro-industrial complex and ecology - "On the implementation of the laws of the Chuvash Republic "On state support of investment activities in the Chuvash Republic" and "On the organization of passenger transportation by road in the Chuvash Republic"";
Committee on Social Policy and National Affairs - “Information of the Minister of Education and Youth Policy of the Chuvash Republic V.N. Ivanov on the implementation of the Federal Law of June 24, 1999 No. 120-FZ "On the fundamentals of the system for the prevention of neglect and juvenile delinquency" in the Chuvash Republic.
As a rule, consideration at meetings of committees of issues related to control over the implementation of laws is not limited to their discussion, but is subsequently accompanied by the adoption of specific legal acts in order to eliminate the shortcomings identified during the implementation of control measures. For example, in the course of the analysis of the law of the Chuvash Republic “On the procedure for moving detained vehicles to a specialized parking lot, their storage, payment of expenses for movement and storage, return of vehicles”, problems were identified that require legislative regulation. As a result, at the suggestion of the Committee, in December 2014, the laws of the Chuvash Republic “On Amendments to the Law of the Chuvash Republic “On the Procedure for Moving Detained Vehicles to a Specialized Parking Lot, Their Storage, Payment of Travel and Storage Expenses, and Return of Vehicles” were adopted and “On Amendments to the Law of the Chuvash Republic “On administrative offenses in the Chuvash Republic.
Based on the information on the results of monitoring the laws “On justices of the peace of the Chuvash Republic” and “On the creation of positions of justices of the peace and judicial districts in the Chuvash Republic”, specific actions were also taken by the parliamentarians of the region. The committee developed and subsequently adopted by the parliament of the republic separate amendments to the above-mentioned laws of the Chuvash Republic.
However, not in all constituent entities of the Russian Federation, the regulatory legal acts regulating the status and powers of committees and commissions of the legislative bodies of the regions directly enshrine their control powers. For example, in the Rules of Procedure of the Parliament of the Republic of North Ossetia-Alania, Chapter 4, devoted to the status and powers of the committees and commissions of the legislative body, does not say anything about their control function.
More on the topic 3.1. Coordination of activities of parliamentary oversight bodies and their interaction in the constituent entities of the Russian Federation:
- Types and forms of parliamentary control of legislative bodies over the executive bodies of state power in the constituent entities of the Russian Federation
- Constitutional and legal responsibility in the mechanism of parliamentary control over the executive authorities of the constituent entities of the Russian Federation
- Chapter 3. Improving the functioning of the system of parliamentary control over the executive authorities of the constituent entities of the Russian Federation
- Improving the legal regulation of parliamentary control in the constituent entities of the Russian Federation
- Direct control of the legislative bodies of the constituent entities of the Russian Federation over the executive authorities
The activities of territorial bodies are coordinated by the authorized representative of the President of the Russian Federation in the federal district. This eliminates the need for frequent recourse to Moscow when resolving regional issues.
Chapter 3. Formation and implementation of state policy
Politics is the art of governing the state, conducting public affairs, purposeful, pre-reasoned actions of the authorities.
Politics always reflects certain interests, is determined by the state of society and is effective if it meets the needs of development, finds a consensus that ensures stability. At the same time, politics affects all spheres of life, including the economy, expressing it in a concentrated form. If state policy expresses the interests not of the whole people, but only of its individual strata, then its main goal is to retain power. In this case, politics takes precedence over the economy in the interests of maintaining power.
The main issue in the implementation of public policy is the choice of priorities. The selection serves as the fixing point for the policy. It is mandatory for the governing body. Procrastination with a choice means standing still, lagging behind in politics.
In addition to state power in political system society includes trade unions, parties, the church and other organizations pursuing their own goals, seeking to expand their influence on the masses, who have relative autonomy and are responsible to society. Each social group has its own interests, which do not necessarily coincide in the main with the interests of society, this complicates the conduct of state policy.
The policy must correspond to the time, the expectations of the population and take into account the social differentiation of society. It is dangerous to play on the trust of the people, to pursue a dual policy. It will quickly cause discontent, which will manifest itself in the detachment of people from political institutions, nihilism in the case of the imposition of speculative schemes, a drop in confidence in political leaders and politics in general.
In world practice, representative (legislative) power is recognized as the main structure that establishes social values and expresses the political will of the state. It can change the status of executive bodies; budgetary funds cannot be spent without its knowledge. Legislators delegate some of their powers to the executive branch, for example, the adoption of specific rules and orders on the basis of laws that have entered into force. However, legislative initiatives usually come from the executive branch.
In parliamentary republics, governments act as active conductors of state policy, while in presidential republics they often become technical offices with a symbolic role in resolving political issues. great responsibility for public policy bears the party government, i.e. formed by the parties that won the elections.
One party may end up in power, it may be the presidential party. The monopoly of one party, according to some politicians, does not pose any danger. In Western democracies, the formation of one-party governments is not uncommon.
The study of the legal forms of ensuring the rule of law in the lawmaking of the constituent entities of the Russian Federation, carried out in the second chapter, indicates that the main ones are control and supervision. Their general analysis allows us to conclude that, in general, they are still insufficiently perfect.
At present, these are still fragmented elements that do not have a clear interaction, as we see a unified system for ensuring the rule of law in the constituent entities of the Russian Federation with a well-established mechanism. In addition, the presence of many institutions of power exercising control and supervision in the field of lawmaking of the constituent entities of the Russian Federation in order to ensure the rule of law gives rise to duplication of powers. This, to a certain extent, harms the state-legal policy of the subject of the Federation in general and, in particular, the law-making activities of the state authorities of the subject of the Federation, the legality of the acts issued by them, since lobbying of the interests of the federal government through the bodies “controlling” the law-making process is not excluded. A full-fledged regime of legality in lawmaking is optimally combined with a small number of “controlling” subjects with a clear delineation of competence. However, it should be recognized that for various reasons, including political, financial, the implementation of this idea is impossible. In this regard, the relevance of coordination activities is manifested. A special role in this, in our opinion, should be played by plenipotentiaries of the President of the Russian Federation in federal districts. Moreover, this is clearly combined with their tasks and functions, as well as with the aim of creating, transforming and operating in general the institution of plenipotentiaries of the President of the Russian Federation in the federal districts.
In this sense, we will analyze the legal foundations of the institution of plenipotentiaries of the President of the Russian Federation in the federal districts and try to reveal its significance in ensuring the legality of lawmaking in the constituent entities of the Russian Federation.
The Institute of Plenipotentiary Representatives of the President of the Russian Federation in the Federal Districts was established by the head of state in order to ensure the exercise by the President of the Russian Federation of his constitutional powers, including in the field of lawmaking, to increase the efficiency of the activities of federal government bodies and to improve the system of control over the execution of their decisions.
Let us trace in general terms how this institution developed. Historically, the institute of representatives of the President of the Russian Federation has been formed since August 1991. Decree of the President of the RSFSR dated August 31, 1991 No. 33-rp approved the Temporary Regulations on the Representatives of the President of the RSFSR in the territories, regions, autonomous region, autonomous regions, cities of Moscow and Leningrad. Then this institution was formally extended to the republics within the RSFSR by Decree of the President of the Russian Federation of September 2, 1991 No. 34-RP “On Approval of the Provisional Regulations on the Representative Offices of the President of the RSFSR in the Republics of the RSFSR” Almost a year later, the President of the Russian Federation by Decree of July 15, 1992 No. 765 gave this institution a more significant character by approving the now permanent Regulations on the Representative of the President of the Russian Federation in the Territory, Region, Autonomous Region, Autonomous Okrug, the cities of Moscow and St. Petersburg.
Further, on February 5, 1993, the institute of representatives of the President of the Russian Federation in the territory, region, autonomous region, autonomous district, the cities of Moscow and St. Petersburg was reorganized in accordance with the Regulation of the same name, approved by Decree of the President of the Russian Federation No. 186. Even later, on the basis of Decree of the President of the Russian Federation of June 10, 1994 No. 1186, representatives of the President in the republics, as well as in the territories, regions, autonomous region, autonomous districts, the cities of Moscow and St. legal basis- “Regulations on the Plenipotentiary Representative of the V President of the Russian Federation in the subject of the Russian Federation” . Further, in the development of this institution, the consolidation of territorial units took place.
institutions to which these officials were appointed: in 1997 it was transformed into the institution of the plenipotentiary representative of the President of the Russian Federation in the region. The development of this trend was also reflected in the Decree of the President of the Russian Federation of May 13, 2000 No. 849 “On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District” .
Thus, the institution of plenipotentiary representation of the President of the Russian Federation has existed for more than ten years. During this time, it has received significant development and specific regulatory content through legal acts of the President of the Russian Federation. Although it should be noted that opinions were expressed more than once and there were discussions about its lack of authority and unconstitutionality.
It should be noted that at present, in addition to representatives of the President of the Russian Federation, other authorized representatives of the President of the Russian Federation in the state authorities of the Russian Federation (for example, in the Constitutional Court of the Russian Federation, in the State Duma) also operate in the federal districts. In addition, until recently, the plenipotentiary representative of the President of the Russian Federation in the Interparliamentary Assembly of the CIS countries acted.
All these representative offices, including those in the federal districts, although they have slightly different tasks, at the same time perform a common function for all - acting on behalf of and on behalf of the head of state, pursuing a unified policy of the President of the Russian Federation in accordance with the Constitution of the Russian Federation Federations, ensuring the rule of law in certain areas of state-legal relations.
In fairness, we note that the real institution of representation of the head of state in the federal districts, in addition to the presidential legal establishment, has a serious normative beginning. In the current Basic Law, he received constitutional consolidation in Chapter 4 "President of the Russian Federation" (paragraph "k" of Article 83). And at the same time, fair opinions are expressed that representative offices in the federal districts have an insufficient legal basis in order to represent the interests of this level of power and, moreover, to ensure its work. The latter seems to have a certain meaning and requires a more specific understanding, because "until a federal law is adopted, this situation is a significant trump card for governors who are trying to defend their former independence from the Center" . At the same time, it should be taken into account that, on the one hand, the existing legal framework for the representation of the President of the Russian Federation in the federal districts is completely legitimate, on the other hand, since Russia is a federal state, one should not lose sight of the thesis that has become almost the slogan of a modern federal state: “The fewer rights the federal center has, the more real the federation.” Of course, the implementation of this "slogan" has its positive aspects, but not in all. This can apply, as has already been proven, to the economic sphere, and even then with certain restrictions. In particular, one of priority areas administrative reform in 2003 - 2004, the President of the Russian Federation determined “limitation of state interference in the economic activities of subjects
entrepreneurship, including the cessation of excessive state regulation” . As for legal system Russia, the mechanism of its development, improvement, then, in our opinion, there should be a clear, reasonable centralized control activity, because we already know such freedom of the subjects of the Russian Federation (the problem of inconsistency of regulatory legal acts of the subjects of the Russian Federation with federal legislation). “Law in Russia,” emphasized Professor A.D. Boikov, “always needed a mechanism of control and hard coercion” . At the same time, “control over compliance with federal laws should be transferred to a planned regime, working closely with the justice authorities, prosecutors and courts.” At the same time, “in no case should the powers of the regional authorities be weakened. This is the link on which the federal government cannot but rely.”
It would be expedient to give legislative regulation the status of plenipotentiary representatives of the President of the Russian Federation in the federal districts. At the same time, it would be fairer to regulate the entire institution of representation by law, and not just the representation of the head of state, and even more so only in federal districts. Of course, this law should concern the representation of public authorities, local governments, the state in administrative relations, that is, those relations that are characterized by the method of subordination, and not by any means the method of coordination characteristic of civil law relations. As you know, representation in civil law relations has a normative development in the Civil Code of the Russian Federation (Chapter 10). Without delving into the details of this issue, because this research
other topic, we will only note that it is expedient in the law to distinguish between domestic and international representation.
Supporting the doubts of some lawyers about the need to adopt a federal law regulating the functioning of the institution of plenipotentiaries of the President of the Russian Federation in the federal districts, we believe that the proposed option is a compromise. Dispelling their arguments that the adoption of the law will significantly limit the constitutional rights of the head of state in the field of forming the structure of the Administration of the President of the Russian Federation, appointing and dismissing plenipotentiaries of the President of Russia, we emphasize the following. The prospective law should stipulate that the representatives themselves and the provisions on them, establishing a specific legal status, are normatively approved by the body, the official granting such powers.
In general, in our opinion, the adoption of such a “general” law (for example, “On Administrative Representation”) would contribute to the functioning of “state” representatives (that is, representatives with public interests) and, moreover, a specific definition and strengthening of their place and role both in the domestic mechanism and in international relations.
Returning to the consideration of the institution of plenipotentiaries of the President of the Russian Federation in the federal districts, we emphasize once again that it was established in order to ensure the exercise by the President of the Russian Federation of his constitutional powers, including in the process of establishing a unified legal system in Russia. At the same time, attention should be paid to the fact that in the law-making sphere of the constituent entities of the Russian Federation, representatives of the President of the Russian Federation do not have real powers, but they are of particular importance to us in ensuring law and order in the constituent entity of the Russian Federation, including in law-making. As the President of the Russian Federation rightly noted: “The key role here belongs to them and the Prosecutor General’s Office, its district structures.”
We only see the fact of a significant increase in the authority of the judicial authorities in the subjects of the Federation.
Noting special role plenipotentiary representative of the President of the Russian Federation in the federal district and based on the Provision fixing its legal status, we will single out the tasks and functions facing them in relation to the designated area of public relations. In particular, the tasks of the authorized representatives of the President of the Russian Federation in the federal districts are:
1. Organization in the relevant federal district of work on the implementation by public authorities of the main directions of the internal policy of the state, determined by the President of the Russian Federation.
2. Organization of control over the execution in the federal district of decisions of federal government bodies.
3. Ensuring the implementation of the personnel policy of the President of the Russian Federation in the federal district.
4. Submission to the President of the Russian Federation of regular reports on the political, social and economic situation in
4th federal district, submission to the President of the Russian Federation with
relevant proposals.
The functions of authorized representatives, the result of which is the impact on the law-making activities of the constituent entities of the Russian Federation and especially on its legality, include the following:
Ensuring the coordination of the activities of federal executive bodies in the relevant federal district;
Organization of interaction of federal executive authorities with state authorities of the constituent entities of the Russian Federation, local governments, political parties, other public and religious associations;
Development together with interregional associations of economic
¼ of the interaction of the constituent entities of the Russian Federation of the program of social
economic development of territories within the federal district;
Coordination of candidates for appointment to positions of federal civil servants and candidates for appointment to other positions within the federal district, if the appointment to these positions is carried out by the President of the Russian Federation, the Government of the Russian Federation or federal executive bodies;
Organization of control over the implementation of federal laws, decrees and orders of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, over the implementation of federal programs in the federal district;
Coordination of draft decisions of federal government bodies affecting the interests of a federal district or a constituent entity of the Russian Federation located within this district;
Participation in the work of state authorities of the subjects of the Russian Federation, as well as local governments located within the federal district;
Organization, on behalf of the President of the Russian Federation, of conciliation procedures to resolve disagreements between federal state authorities and state authorities of the constituent entities of the Russian Federation located within the federal district;
Submission of proposals to the President of the Russian Federation on the suspension of the acts of the executive authorities of the constituent entities of the Russian Federation located within the federal district, in the event of a conflict between these acts of the Constitution of the Russian Federation, federal laws, international obligations of the Russian Federation or violation of the rights and freedoms of man and citizen;
Interaction with the Main Control Directorate of the President of the Russian Federation and the prosecutor's office of the Russian Federation in organizing inspections of the implementation in the federal district of federal laws, decrees and regulations
¼ orders of the President of the Russian Federation, resolutions and orders
of the Government of the Russian Federation.
Naturally, the representative himself is unable to fulfill the tasks assigned to him. The direct support of the activities of the plenipotentiary is carried out by the office of the plenipotentiary,
which is an independent subdivision of the Administration of the President of the Russian Federation. The structure of the apparatus of the plenipotentiary includes the relevant district inspectorate of the Main Control Directorate of the President of the Russian Federation, which directly organizes control over the implementation of federal laws, decrees and orders of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, and the implementation of federal programs. As part of this inspection, in each subject of the Russian Federation within the federal district, there are a chief federal inspector and a federal inspector, who ensure the implementation of the functions of the plenipotentiary representative of the President of the Russian Federation.
A general analysis of the tasks and functions of the plenipotentiaries of the President of the Russian Federation in the federal districts, fixed in the Regulations, allows us to conclude that they are not characterized by direct power, executive and administrative functions in relation to the state authorities of the constituent entities of the Russian Federation. This once again confirms the obvious fact that representatives of the President of the Russian Federation do not have real powers in the law-making sphere of the constituent entities of the Russian Federation. Their activities, as rightly noted in the legal literature, are objectively “triple” in nature: organizational-control-
analytical". In our opinion, in general, it can be defined as coordinating. The purpose of such activities of authorized representatives in the area under study is seen in ensuring the rule of law, increasing the efficiency of the activities of federal government bodies and improving the system of control over the execution of decisions of the latter. The positive point here is that coordination as one of the methods of influence is used as in the case when management is built through subordination, on power relations that are unequal in their own way. legal status participants (in particular, in relation to federal executive bodies of state power), and when there is no organizational subordination between the subject and object of management (in particular, in relation to other federal bodies
new state authorities and state authorities of the constituent entities of the Russian Federation). 25
All of these tasks will be of an organizational nature to one degree or another, since, firstly, organization as a management function is the streamlining of activities, the creation of a system of relationships between organs and 26
organizations, ensuring the proper functioning of government bodies 27 , and secondly, already from the very beginning, when establishing the institution of plenipotentiaries, the main informal goal was laid: to organize the implementation of the policy of the President of the Russian Federation throughout the entire territory of the Russian Federation.
Among the priority organizational measures of the plenipotentiary representative of the President of the Russian Federation in the field of ensuring the legality of lawmaking of the constituent entities of the Russian Federation, it is necessary to single out ensuring the coordinated functioning and interaction of state authorities at the federal level, the federal level and the level of the constituent entity of the Federation, as well as the constituent entities of the Russian Federation among themselves. In this sense, their activities receive a serious basis. If the issue is at the point of interdepartmental junctions or junctions between territories, then it is important ∣ζ to join the representative of the President of the Russian Federation in its solution, and vice versa, if he
natural, then his apparatus, as a rule, should not interfere.
At present, the relationship between state authorities in most subjects of the Russian Federation wants to leave the best. This is especially true in the field of lawmaking. For example, in this area, the territorial bodies of justice and the prosecutor's office function almost completely fragmented, without close interaction with each other. And this despite the fact that today they are the main "generators" of the law-making activities of state authorities of the constituent entities of the Federation.
Thus, it seems rational on the part of the authorized representatives of the President of the Russian Federation to assist in the development and consolidation of close ⅛
25 See: Petrov G. M. Encouragement in public administration (legal aspects). Yaroslavl, 1993. P.12:, Maxcypoe A.A. Coordination of economic processes by legal means // Journal of Russian law. 2002. No. 5.
26 See: Noskov B.P. Reforming the administrative legislation of Russia (theoretical and methodological aspect) .- M .: Publishing group “Jurist”, 2002. P. 49.
27 See: Cmapiuioe Yu.H. Administrative Law: At 2 pm Part 1: History. The science. Subject. Norms. - Voronezh: VSU Publishing House, 1998. P.176.
relations between the justice and prosecution authorities among themselves, as well as between them and the legislative (representative), executive and judicial bodies of the subjects of the Federation in the study area. Acting in this direction, it would be advisable to create in each federal district, under the plenipotentiary representative of the President of the Russian Federation, a coordination center, with the help of which specific issues of a political, legal, socio-economic, cultural and ideological nature, including issues of interaction between state structures, would be resolved at the highest level. various levels. As necessary, meetings of the heads of state authorities (whose interaction was required to be achieved) would be held to resolve any specific issue, to exchange positive experience.
Although the control and supervision activities of authorized representatives are secondary as a type of activity, the maintenance of law, discipline and law and order largely depends on its organization. The state must maintain control and regulatory influence on those social relations that objectively need it. In particular, as already noted, this concerns the legal system of the Russian Federation and the mechanism of its development.
Control is an action that establishes compliance with the execution of the decision made by comparing the actually achieved intermediate or final results and the tasks (tasks) provided for by the decision (program, plan). Successful implementation of the planned measures is impossible if you do not constantly monitor how well what has been done corresponds to the tasks set. 29
Recently, the organization state control causes significant criticism from legal scholars. They note that the control apparatus has grown significantly, even to some extent unjustifiably. Moreover, control as such in our country is superficial. There is enough parallelism and duplication in the work of its organs. There is no clear coordination of control activities. 30 This raises the question of improving the system
control over the execution of decisions of federal government bodies.
28 We are talking about the constitutional (charter) courts of the constituent entities of the Russian Federation.
29 See: Noskov B.P. Decree op. S. 111.
30 See: Noskov B.P. Decree op. S. 31.
Just one of the tasks of the representatives of the President of the Russian Federation in the federal districts is “the organization of control over the execution in the federal district of the decisions of federal state authorities”. Obviously, this task has a positive direction. However, adhering to the views of A. Lvov, A. Churbakov, S. Belov, 31 we note a certain contradiction here. The task of the plenipotentiary to organize control over the execution in the federal district of decisions of federal government bodies is formulated too broadly. Among the functions of the President, neither in Art. 80, nor in general in ch. 4 of the Constitution of the Russian Federation does not formulate the function of control over these bodies and the execution of their decisions, although the Constitution establishes some control powers of the President (for example, clause 3 of article 115, clause 2 of article 125). However, these are only separate control powers or their elements, and then only in relation to some public authorities.
In addition, as is known, Article 10 of the Constitution of the Russian Federation establishes that “state power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial”, and “legislative, executive and judicial authorities are independent”. Consequently, the decisions of the federal authorities are the decisions of the federal authorities of each of the above branches of government. In other words, when interpreting the term “federal body of state power”, the mistake of identifying it with the term “federal body of the executive (or other) branch of power” should be avoided.
Thus, in fact, authorized representatives in the federal districts ensure the implementation of the constitutional powers of the President of the Russian Federation, and this task, although it has good intentions, at the same time is hardly within the competence of the President of the Russian Federation. The function of control is imperious, namely, it involves constant monitoring, verification, suspension or cancellation of decisions of controlled entities, and even the application of penalties. Such a function, according to the Constitution of the Russian Federation, in relation to decisions of all federal bodies
state power is not inherent in the President, therefore, vesting the structural unit of the Administration of the President of the Russian Federation with
31 See: A. Lvov, A. Churbakov, S. Belov. The Institute of the Plenipotentiary Representative of the President of the Russian Federation in the Federal District: Two Opinions // Code-INFO - Information Bulletin of Current Legislation. 2001. No. 10.
powers that are not directly within the competence of the President himself (or partially beyond the scope of this competence), is not entirely consistent with the Constitution of the Russian Federation. Rational proposals are put forward on this account in the legal literature: “when formulating the specified task (paragraph 2, clause 5 of the Regulations on the Plenipotentiary Representative of the President of the Russian Federation in the Federal District), use the concepts of “control powers of the President” or “presidential control”.
One of the real functions of the plenipotentiary, which has a coordinating nature in the field of lawmaking of the constituent entities of the Federation, is participation in the work of state authorities of the constituent entities of the Russian Federation located within the federal district. To perform this function, authorized representatives are empowered to send their deputies and employees of their apparatus to participate in the work of these bodies. Of course, such participation is possible only with the right of an advisory vote. In addition, by virtue of constitutional provisions, plenipotentiaries have the right to take part in the work of the executive authorities of the constituent entities of the Russian Federation only in a number of cases and with their consent, in the work of the legislative (representative) bodies of the constituent entities of the federation - only ■ * (with their consent, because, in - firstly, clause 4 of article 78 of the Constitution of the Russian Federation establishes the function
of the President of the Russian Federation to ensure the exercise of the powers of only the federal state power, secondly, outside the jurisdiction and powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the constituent entities of the Russian Federation have full state power (Article 73 of the Constitution of the Russian Federation), and only within the jurisdiction of the Russian Federation and the powers of the Russian Federation in matters of joint jurisdiction, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form a single system of executive power of the Russian Federation (clause 2, article 77 of the Constitution of the Russian Federation).
In addition, over the past two years, plenipotentiaries have been paying close attention to elections in the constituent entities of the Federation.
Their successes are also evident in personnel policy, which made it possible to reorient the work of federal structures in the subjects of the Federation away from
standing up, first of all, national interests, including the creation of a unified rule of law.
In fairness, we note that in the implementation of the task of “ensuring the implementation of the personnel policy of the President of the Russian Federation in the federal district”, the powers of his representative will have an indirect impact on the law-creating sphere of the subjects of the Federation. Of course, a subjective sign plays a significant role in law-making activity: the law-maker's projection of his views into a legal form, lobbying, etc. if the appointment to these positions is carried out by the President of the Russian Federation, the Government of the Russian Federation or federal executive bodies”, the implementation of a single centralized policy is ensured, there is, although indirect, insignificant, but still a certain impact on the mechanism for the development of the legal field of the subjects of the Federation within the federal district.
Finally, the last task of “submitting regular reports to the President of the Russian Federation on ensuring national security in the federal district, as well as on the political, social and economic situation in the federal district and making appropriate proposals to the President of the Russian Federation” is obviously of an analytical nature.
This task is implemented through the function of “making proposals to the President of the Russian Federation on the suspension of the acts of the executive authorities of the constituent entities of the Russian Federation located within the federal district, in the event of a conflict between these acts of the Constitution of the Russian Federation, federal laws, international obligations of the Russian Federation or violation of human rights and freedoms and citizen."
V At first glance, this function can be attributed to the control direction
the activities of the plenipotentiary representative of the President of the Russian Federation in the federal district, which will most likely be erroneous. For that
in order to make the above proposal, the representative of the President of the Russian Federation, relying on his apparatus, should initially not control, but analyze the acts of the executive authorities of the constituent entities of the Russian Federation for their compliance with the Constitution of the Russian Federation, federal laws, international obligations of the Russian Federation and the level of observance of human rights and freedoms and a citizen, since it is possible to exercise control over a normative document only in the process of its analysis on an appropriate basis.
An analysis of the tasks and functions of the plenipotentiary representative of the President of the Russian Federation in the federal district makes it possible to clearly identify and not overestimate his role in the development of the legal field of the constituent entities of the Russian Federation. Its activity in the field of law-making of the constituent entities of the Russian Federation is of particular importance, firstly, in exercising control over the territorial bodies of the federal executive bodies of state power, including the departments of justice in the constituent entities of the Russian Federation; secondly, in the process of establishing a coordinated functioning and interaction of state authorities at the federal level, the federal level and the level of the constituent entities of the Federation, the regional level, and also giving the existing relationship a systemic character; in-
third, in personnel policy. At the same time, authorized representatives of the President of the Russian Federation should take into account two important moments. First, it is necessary to exclude the possibility of intrusion into the competence and powers of state authorities of the constituent entities of the Russian Federation. Secondly, to maintain a balance between its coordinating activities and the exercise by federal executive bodies and their territorial bodies of powers under their own responsibility.
Thus, stabilization will take place both in the legal and political and economic spheres of activity in the federal district.
So, the institution of the representative of the President of the Russian Federation is an institution of secondary legitimacy, that is, the specificity of the plenipotentiary representatives of the President of the Russian Federation in the federal districts lies in the fact that they ensure the implementation of the tasks and functions of the head of state, act on his behalf and on his behalf, are endowed with certain state powers ; any actions and statements of the representative of the President are a continuation of the activities of the President himself. However, these parameters are legal status should not go beyond the goals, objectives, functions of the Administration of the President of the Russian Federation as a whole, namely, ensuring the implementation by the President of his constitutional powers.
The basis of the activities of the plenipotentiaries of the President of the Russian Federation in the federal districts in the field of ensuring the rule of law in lawmaking of the constituent entities of the Russian Federation is seen in the need to exercise coordination powers: in particular, in optimizing the functioning of the territorial structures of federal executive bodies in the federal district, and in general - in organizing close interaction between the bodies state power. In other words, in the federal district, the plenipotentiary ⅜ (the representative of the President of the Russian Federation acts as a central element of the fur
nism of ensuring the rule of law in the law-making of the subjects of the Federation.
In addition to the considered institute of representation of the President of the Russian Federation in the federal districts in the field of ensuring the rule of law in the process of developing the legal system of the constituent entities of the Russian Federation, it should be noted the specific role of the advisory body recently created under the upper house of the federal parliament - the Council of Legislators, whose activities are also of a coordinating nature. At the same time, the main difference of this body is that its coordinating functions in the field of ensuring the rule of law are directed to the narrowest sphere of law formation - lawmaking of the constituent entities of the Russian Federation.
Thus, in 2000 the procedure for the formation of the Council ■4 changed radically. Federations Federal Assembly Russian Federation. Instead of the former
membership of heads of legislative (representative) and executor
representative bodies of state power are delegated to the Federation Council. Note that this in no way contradicts the Constitution of the Russian Federation. Part 2 of Article 95 of the Constitution of the Russian Federation notes that “the Federation Council includes two representatives from each constituent entity of the Russian Federation: one from the representative and executive bodies of state power”, and does not indicate which specific representatives: heads, members of the relevant state body Or just citizens.
In essence, the heads of the legislative (representative), executive bodies of state power of the constituent entities of the Federation are now completely devoted to solving regional problems, and the real members of the Upper House of the Russian Parliament carry out their activities on a permanent basis, “have the opportunity to focus their attention exclusively on federal legislative acts, which makes the laws better, more balanced” . Today, this is an important positive moment in the development Russian legislation, in legal practice.
However, it should be noted that the former federal legislative process (in the person of its subjects) had a more or less direct connection with the mechanism for developing the legal base of the subjects of the Federation than after the reforms carried out in the Federation Council. Thus, the need arose for further coordination and exchange of experience in law-making, and in general in ensuring a single legal space of the Russian Federation. In addition, the leaders of the legislative assemblies of the constituent entities of the Federation found themselves outside the federal level, unlike their former colleagues in the upper house - the governors, who are actively working in the State Council. In this regard, the Council for Interaction between the Council of the Federation of the Federal Assembly of the Russian Federation and the legislative (representative) bodies of state power of the constituent entities of the Russian Federation - the Council of Legislators - was actually created. The creation of such a Council as a
VV Putin scribbled, “allows to bring the regional level of power closer to the federal center”.
In fairness, we note that the idea of creating such a body in Russia has been nurtured for several years. An attempt was made to create it under the State Duma, but due to the uncertainty of the status, without which it is difficult for a public organization to carry out its functions, the deputies of the Kabardino-Balkarian Republic refused to join it. After the creation of associations of legislators in the districts, parliamentarians returned to this idea, and at the end of May 2002, supported by the President of the Russian Federation, it received its real embodiment. In turn, the heads of the legislative (representative) bodies of the constituent entities of the Federation expressed their wish that the new advisory body (as well as the State Council) act under the President of the Russian Federation. But so far, the head of state has not reacted to this proposal and simply took part in meetings of the Council of Legislators.
In fact, Russian legislators have created their own “State Council”. It is an advisory body for heads of legislative (representative) bodies of the subjects of the Federation. It meets at least twice a year. It is headed by the Chairman of the Federation Council of the Federal Assembly of the Russian Federation. The work of the Council is led by the Presidium, which, in addition to the speaker of the upper house of the Russian parliament, includes: the First Deputy Chairman of the State Duma of the Russian Federation, one of the Deputy Chairman of the Federation Council and seven heads of legislative assemblies - one from each federal district. The following persons are invited to meetings of the Council of Legislators: The President of the Russian Federation, members of the Federation Council, deputies of the State Duma of the Federal Assembly of the Russian Federation, representatives of federal executive authorities, state authorities of the constituent entities of the Russian Federation, local authorities, scientific institutions and organizations. Together they analyze the problems of the development of the Russian legal system, find a compromise in their solution. Thereby
there is an optimization in general of law-making activity at both levels of the Federation.
The main tasks of the Council of Legislators in accordance with the Regulations are:
Assistance in ensuring the interaction of the legislative (representative) bodies of state power of the constituent entities of the Russian Federation with the chambers of the Federal Assembly of the Russian Federation, as well as among themselves;
Determining the main directions for the development of federal legislation and the legislation of the constituent entities of the Russian Federation;
Giving a systemic character to the legislative process at the federal level and the level of subjects of the Federation;
Promoting the spread of positive legislative activity, as well as law enforcement practice in the Russian Federation;
Discussion of the most significant draft federal laws;
Discussion of other issues of legislative activity and law enforcement practice of great national importance
Considering these tasks, you can come to a random conclusion. As L.Ya. Poluyan, “although there is no direct legislative basis for this, in fact we are talking about delegating to this body part of the constitutional powers of the President of the Russian Federation to ensure the coordinated functioning and interaction of state authorities established by part 2 of article 80 of the Constitution of the Russian Federation.” At the same time, given, firstly, the lack of actual delegation of authority, and secondly, the legislators' own desire to create this body, this idea should be abandoned. At the same time, the process of the emergence of a new body, as well as the first steps in its activities, give reason to believe that in the near future the Council of Legislators will become, like the State Council, one of the important instruments for interaction between legislators of the constituent entities of the Russian Federation and the head of state.
Analysis of these tasks, as well as research state of the art And law-making legal relations both at the level of the constituent entities of the Russian Federation and at the federal levels make it possible to form a number of directions.
for their optimization, the implementation of which today is of great importance and is partly within the competence of the new advisory body.
1. Ordering, systematization of the legislative procedure both at the level of the federation and at the level of its subjects
The Russian Senate and the legislative (representative) bodies of the constituent entities of the Russian Federation need to direct their joint activities towards the adoption of laws on normative legal acts of the Russian Federation, on the procedure for adopting federal constitutional and federal laws, on the Federal Assembly of the Russian Federation, and first of all, without a doubt, it is necessary to legislatively streamline the law-making activities of state authorities (both central and regional), because even logically it seems impossible to regulate the process of creating a law at the sub-legal level. Note that the question of the need for these laws has long been discussed. In addition, the draft federal laws “On the Procedure for Adopting Federal Constitutional and Federal Laws” and “On Normative Legal Acts of the Russian Federation” were submitted to the State Duma in 1996, and the latter was even adopted in the first reading.
A systematic vision of legislation contributes to its systematic and purposeful development and the effectiveness of the regulation of public relations. Violation or underestimation of the systemic foundations of legislation has a detrimental effect on the level of both complex, sectoral normative regulation and the ordering of legal institutions.
2. Bringing the federal legislation and the legislation of the constituent entities of the Federation into line with the provisions of the Constitution of the Russian Federation, as well as among themselves.
It is no secret that at the federal level in adopted laws the legislative rights of the subjects of the Federation are often violated. Sometimes excessive
their activities are regulated in detail where the subjects of the Federation have the right to exercise independent legal regulation. It should be noted that the imperfection of a number of federal laws, the presence of significant gaps in federal legislation is often caused by the failure to use the positive experience of lawmaking in the constituent entities of the Russian Federation at the federal level. In this sense, it is the Council of Legislators that is able to act most productively.
Of course, the legality of regulatory legal acts of the constituent entities of the Russian Federation begins with the legality of federal regulatory legal acts, the quality of the former largely depends on the quality of the latter. A.S. Pigolkin is absolutely right in saying that “federal legislation is the main, defining part of the legal system of the Russian Federation, serving as its basis, ensuring its orderliness and integrity” 45 . But it should be recognized that the laws of the subjects of the Federation themselves contain many violations of the norms of federal legislation, including their ignorance and duplication, which are generated either by the ambitiousness of regional politicians and legislators, or by the inability to form their own specific legislative array. The anticipatory lawmaking of the constituent entities of the Russian Federation on subjects of joint jurisdiction (the so-called counter lawmaking of the subject), which has both positive and negative connotations, deserves special attention. This practice was especially noticeable before the adoption of the Federal Law “On the principles and procedure for delimiting the subjects of jurisdiction and powers between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation”.
“Ensuring the constitutionality and legality of regional laws as aspects of their proper quality is the task of not only regional but also federal legislators” 46 And the joint activity of the latter in this direction is seen as a guarantee of real success.
3. Coordination of the legislative activities of the Federation and its subjects.
This direction will allow reaching a higher level of development of Russian legislation. As Professor B.P. Noskov, “a priority task in the light of legal reform in Russia
45 See: Pigolkii A.S. Correlation between the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation - M .: Olita, 2003. P. 20
46 See: Noskov B.P. Decree op. S. 251.
is the process of integrating the legislative process of the Federation and its constituent entities and coordinating the activities of federal authorities and authorities of the constituent entities of the Russian Federation” .
The council of legislators here acts as if in the role of a "good friend". On the one hand, in relation to the legislative (representative) bodies of the subjects of the Russian Federation, the Council does not dictate its own rules, but gives the necessary recommendations, a hint for the development of the legislation of the subject of the Russian Federation. On the other hand, since the Federation Council of the Federal Assembly of the Russian Federation is a certain kind of filter for the adopted legislative acts, the joint activity of the upper house of parliament and the legislative (representative) bodies of the constituent entities of the Russian Federation is able to screen out unnecessary, inappropriate, narrowly lobbied laws.
Undoubtedly, the joint solution of issues by Russian legislators can eliminate, if not all, then most of the mistakes and shortcomings, not only of a general, but also of a particular, regional nature.
4. Unification of the legislation of the subjects of the Federation.
Since the Council of Legislators is an advisory body, it is very important to use a model recommendatory act as a kind of methodological basis, a hint for the development of their own legislation of the constituent entities of the Russian Federation. This does not at all mean a total unification of the legislation of the subjects of the Federation and the traditional copying of the norms of the Federal Law. On the contrary, it seems that the use of model regulations should become a stable basis for the law-making activities of the subjects of the Federation. On the one hand, these laws will serve as a guide for the legislator of the constituent entities of the Federation, provide him with scientifically sound information and thus help in choosing the right legislative solution. In addition, the recommendatory nature of their norms will make it possible to take into account the peculiarities and originality of the accumulated experience, law enforcement practice, local traditions and the specific socio-economic situation in the region. On the other hand, the modeling of legal regulation can bring the legislative systems of the constituent entities of the Russian Federation closer together, eliminate unjustified discord in solving the same type of legal tasks by the constituent entities of the Federation, and avoid unnecessary mistakes.
Thus, recommendatory legislative acts can really contribute to the implementation of a coordinated legislative policy in the Russian Federation, ensuring the unity of the main directions of development of federal legislation and the legislation of the constituent entities of the Russian Federation.
Considering these areas, as well as following the constitutional purpose of the Federation Council, it can be argued that it is the close interaction of this chamber of the federal parliament and the legislative (representative) bodies of the subjects of the Russian Federation (the Council of Legislators) that can really ensure the harmonization of federal legislation and the legislation of the subjects of the Federation. Moreover, in order to achieve the optimal quality and the greatest efficiency of Russian legislation, it is advisable to take into account the interests of each of the levels not only in the sphere of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, but also in the spheres of their exclusive jurisdiction.
With this approach, a program aimed at solving, first of all, strategic tasks can be implemented. For legislative (representative) bodies, this means that situational, largely spontaneous lawmaking should give way to conceptually meaningful, put on a planned basis. In this case, the adequacy of the emerging system of legislation to the real problems of development of both the country and a particular subject of the Federation, its content coherence and legal consistency, stability from the need for frequent changes that destabilize the socio-economic and political situation can be ensured.
Summing up, we note that the primary task in the light of the legal reform in Russia is the process of integrating the law-making process of the Federation and its constituent entities and coordinating the activities of federal authorities and authorities of the constituent entities of the Russian Federation. And in this difficult process, the plenipotentiary representatives of the President of the Russian Federation in the federal districts and the Council of Legislators can play a significant positive role.
48 See: Tikhomirov Yu.A. Model laws: new in theory and practice / Problems of lawmaking in the Russian Federation // Proceedings of the Institute of Legislation and Comparative Law. M., 1993. Issue. 53. P.42-50; Studenikina M.S. Some aspects of the problem of sources of law in the Russian Federation / Problems of lawmaking in the Russian Federation // Proceedings of the Institute of Legislation and Comparative Law. M „ 1993. Issue. 53. P.41.