About site   Contacts   Useful Links   Search  
Decisions of the Constitutional Court of the RF
KAZAN CENTER
OF FEDERALISM
AND PUBLIC
POLICY
/ Help to researcher / Decisions of the Constitutional Court of the RF / Decision of June 7, 2000 return to homepage
Decision of June 7, 2000
 
 
 

CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

Extract from the DECISION OF JUNE 7, 2000

ON CASE ABOUT INSPECTION OF CONSTITUTIONALITY OF SOME PROVISIONS OF THE CONSTITUTION OF THE REPUBLIC OF ALTAI AND THE FEDERAL LAW ON GENERAL PRINCIPLES OF THE ORGANIZATION OF LEGISLATIVE (REPRESENTATIVE) AND EXECUTIVE STATE BODIES OF CONSTITUENT SUBJECTS OF THE RUSSIAN FEDERATION

The sovereignty of the Russian Federation as a democratic federal lawful state, extending to all its territory, shall be established in the Constitution of the Russian Federation as one of the basis for constitutional system (article 4, part 1). According to the Constitution of the Russian Federation the holder of sovereignty and the unique source of power in the Russian Federation shall be its multinational people (article 3, part 1) which, keeping historically established state unity, proceeding from the universally recognized principles of equality and self-determination of peoples and reviving sovereign statehood of Russia shall adopt the Constitution of the Russian Federation (preamble).

According to the meaning of articles 3, 4, 5, 67 and 79 of the Constitution of the Russian Federation the sovereignty, supposing the supremacy, independence and autonomy of the state power, completeness of legislative, executive and judicial authority of the state on its territory and independence in international relations, shall represent a necessary qualitative attribute of the Russian Federation as the state, characterizing its constitutional-legal status. The Constitution of the Russian Federation shall not suppose any other holder of the sovereignty and source of power, besides multinational people of Russia, and, therefore, shall not assume any other state sovereignty, besides the sovereignty of the Russian Federation.

The sovereignty of the Russian Federation, by virtue of the Constitution of the Russian Federation shall exclude existence of two levels of sovereign authorities in uniform system of government, which have supremacy and independence, i.e. shall not suppose the sovereignty of republics, other constituent subjects of the Russian Federation. The Constitution of the Russian Federation shall connect the sovereignty of the Russian Federation, its constitutional-legal status and powers, as well as the constitutional-legal status and powers of the republics within the Russian Federation not with their will in the form of treaty, but with the will of multinational Russian people - the holder and unique source of power in the Russian Federation, which, realizing principle of equality and self-determination of peoples, constituted the revived sovereign statehood of Russia as historically established state unity in its present federal system.

The decision of issue on sovereignty established in the Constitution of the Russian Federation shall predetermine the features of federal system historically stipulated by the fact, that constituent subjects of the Russian Federation have no sovereignty, which initially belongs to the Russian Federation as a whole. With regard to the meaning of the preamble, articles 3, 4, 5, 15 (part 1), 65 (part 1), 66 and 71 ("") of the Constitution of the Russian Federation in their interrelations, republics as constituent subjects of the Russian Federation shall have no status of a sovereign state and have no possibility to settle this issue in their constitutions in different way, therefore they shall have no right to endow themselves with features of sovereign state, - even if their sovereignty would be recognized as limited.

Establishing by article 5 (part 1 and 4) the status of republics, enlisted in article 65 (part 1) as constituent subjects of the Russian Federation, the Constitution of the Russian Federation shall proceed from the principle of equality of constituent subjects of the Russian Federation as well as equality in their relations with federal authorities, which belongs to the basis of constitutional system of the Russian Federation and constitutional system of the republic. The recognition of republics sovereignty in case other constituent subjects of the Russian Federation have no such sovereignty, would break the constitutional equality of constituent subjects of the Russian Federation, make impossible the realization of equality in principle, because the subject of the Russian Federation without sovereignty, according to its status shall not be equal in rights with the sovereign state.

Consequently, use of the term republic (state) in article 5 (part 2) of the Constitution of the Russian Federation with reference to the federal system shall not mean the recognition of the state sovereignty of these constituent subjects of the Russian Federation in contrast to the Federal Treaty of March 31, 1992, and reflects only certain features of their constitutional-legal status connected with their historical, national and other traditions.

The recognition by the Constitution of sole sovereignty of the Russian Federation is also reflected in the constitutional principles of federal state integrity and unity of power system (article 5, part 3), supremacy of the Constitution of the Russian Federation and federal laws, which have direct action and shall be applied in all territory of the Russian Federation, including territories of its constituent subjects (article 4, part 2; article 15, part 1; article 67, part 1). Absence of sovereignty in constituent subjects of the Russian Federation, including republics, is also proved by provisions of articles 15 (part 4) and 79 of the Constitution of the Russian Federation which states, that only the Russian Federation shall have the right to conclude international treaties and admit their priority in its legal system, and only the Russian Federation as a sovereign state may transfer its powers to interstate associations according to the international treaty.

The priority of provisions of the Constitution of the Russian Federation takes place in case of establishment of status of subjects of the Russian Federation, as well as jurisdictional subjects and powers of state bodies of the Russian Federation and state bodies of its constituent subjects. Therefore, the regulation, contained in article 11 (part 3) of the Constitution of the Russian Federation about the fact, that the delimitation of jurisdictional subjects and powers between state bodies of the Russian Federation and state bodies of its constituent subjects, carried out on the basis of the Constitution of the Russian Federation, Federal and other Treaties on delimitation of jurisdictional subjects and powers shall assume, that all specified treaties should be in harmony with the Constitution of the Russian Federation and, consequently, any restriction or division of the sovereignty of the Russian Federation by constituent subject shall be prohibited.

As follows from the preamble, articles 3 (part 3) and item 1 of the second section of "Final and transitional provisions" of the Constitution of the Russian Federation, the Constitution of the Russian Federation, adopted by national-wide voting shall be the act of supreme and direct expression of the will of multinational Russian people as a whole. Therefore, provisions of the Federal Treaty foreseen the sovereignty of republics and thus allowed motivations for restrictions of the sovereignty of the Russian Federation, its constitutional-legal status and powers, reflected in constitutions of some republics, shall not be valid and shall not be the subject to application as contradicted the Constitution of the Russian Federation.


 
In this section
Site sections
Search
 
Registration
:    
:
 
 

  • [ ]
  • News | Projects | Publications | Employees | Forum | Actions | Help to researcher | Articles about modern federalism
    2001, 2002, 2009 Kazan Center of Federalism and Public Policy. All rights reserved, more ... Kazan, Kremlin, entrance 5. Tel/fax +7 (843) 2925043, federalism@kazanfed.ru