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Constitutional law

  • Theoretical basis constitutional law Russian Federation
  • Constitutional law as a branch of law
    • The concepts of "constitutional law" and " public law»
    • The subject and method of the constitutional law of Russia
    • Constitutional and legal relations and their subjects
    • Constitutional law system
      • Constitutional and legal institutions
      • Constitutional legal norm
    • System of sources of constitutional law
    • The Constitution and federal laws as the main sources of constitutional law
    • Peculiarity international treaties as sources of constitutional law
    • Regulatory legal acts executive authorities. By-laws and others regulations
    • Collisions of sources of constitutional law and ways to overcome them
  • Constitutional law - legal science and academic discipline
    • The concept and subject of science of constitutional law
    • Sources and methods of the science of constitutional law
    • Constitutional law as an academic discipline
  • Constitution and stages of its development
    • Constitutionalism and stages of its development
    • Concept and functions of the Constitution
    • Form and structure of the Constitution
    • Legal Properties of the Constitution
    • The procedure for the revision of the Constitution of the Russian Federation and amendments to it
  • Fundamentals of the constitutional system
  • The system of social, economic and political-legal relations as the basis of the constitutional system
    • Constitutional system: basic principles and legal consolidation
    • Economic foundations of the constitutional order
  • Constitutional foundations of civil society
    • Civil society: concept, features, structure
    • Civil society and the state
    • Public associations and political parties In Russian federation
    • Funds status mass media
    • Control and supervision over the activities of public organizations
  • Rights and freedoms of man and citizen
  • The legal nature of the rights, freedoms and duties of man and citizen
    • Citizenship and legal personality
    • constitutional principles legal status personalities
    • Constitutional rights and obligations of man and citizen
    • Unity and integrity of the system of rights and freedoms of man and citizen
  • Citizenship in the Russian Federation
    • Citizenship: concept, essence, principles
    • Acquisition and termination of citizenship of the Russian Federation. Citizenship of children, guardians, trustees, incapacitated persons
    • Powers of bodies in charge of citizenship cases
  • Constitutional foundations of the position of foreign citizens and stateless persons in Russia
    • Foreign citizens and stateless persons: concepts and categories
    • Fundamental rights, freedoms and obligations of foreign citizens and stateless persons
    • Constitutional status of refugees and internally displaced persons
  • Legal mechanisms for protecting the rights and freedoms of man and citizen in Russia
    • The powers of citizens in self-defense of rights and freedoms
    • Protection of human and civil rights and freedoms in criminal and civil proceedings
    • Organizational and legal guarantees of fundamental rights and freedoms in the sphere of executive power
  • The activities of the Commissioner for Human Rights in Russia as a guarantee of the protection of the rights and freedoms of the individual
    • Formation of the institution of the Commissioner for Human Rights
    • Competence of the Commissioner for Human Rights in the Russian Federation
  • International protection of human and civil rights and freedoms
    • International legal acts for the protection of the rights and freedoms of man and citizen
    • Mutual influence and correlation of international law and the legislation of states
    • The UN and its specialized agencies for the protection of human rights and freedoms
    • Protection of human rights and freedoms within the Council of Europe
  • federal structure
  • Constitutional foundations of the federal structure of the Russian Federation
    • State structure: concept and forms
    • Features of the Federation in Russia
    • Constitutional and legal status of the Russian Federation
  • Electoral system of the Russian Federation
  • Electoral system of the Russian Federation
  • Suffrage in the Russian Federation
    • Modern trends in the development of suffrage in the Russian Federation
    • Sources, norms and principles of electoral law in the Russian Federation
    • Subjects of the electoral process. Rights and obligations
  • Electoral process
    • The concept and main stages of suffrage
    • Organization and procedure for holding elections
    • Voting: classification of species and results
  • Organ system state power and local government in the Russian Federation
  • Constitutional foundations of the system of public authorities in the Russian Federation
    • General provisions
    • State bodies and their system: concepts, signs
    • State authorities of Russia and subjects of the Federation
  • President of Russian Federation
    • The essence of presidential power
    • Powers of the President of the Russian Federation
    • The procedure for elections and termination of powers of the President of the Russian Federation
  • Federal Assembly (Parliament) of the Russian Federation
    • Parliament in state mechanism
    • Organizational and legal aspects of the activities of the Federation Council
    • Consideration by the Federation Council of issues within its jurisdiction
    • Organizational and legal aspects of activity State Duma
    • Procedural Rules for Dealing with Issues
    • Legislative procedure of the Parliament of the Russian Federation
  • Status of a deputy of the State Duma and a member of the Federation Council
    • Constitutional and legal status. Deputy mandate. Term of office
    • Powers of parliamentarians
    • Guarantees of deputy activity
  • Government of the Russian Federation
    • The Government of the Russian Federation as the highest executive body of state power
    • Government of the Russian Federation: formation, term of office, resignation
    • Powers of the Government of the Russian Federation
    • Acts of the Government of the Russian Federation
  • Judicial power in the Russian Federation
    • Judicial power in the Russian Federation: concept and structure, types of judicial systems
    • The constitutional and legal status of the Supreme Court of the Russian Federation and the Supreme Arbitration Court RF
    • Constitutional Court of the Russian Federation
    • Constitutional and legal status of judges
  • Constitutional and legal support national security In Russian federation
    • The concept of "national security"
    • Institutions of constitutional law in the implementation of the Concept of national security of the Russian Federation
    • The constitutional security of Russia and the problems of its provision
  • Local self-government is one of the foundations of a democratic society and the rule of law
    • Local self-government: concept, essence, system and functions
    • Rights and obligations
    • Problems of improving local self-government
  • Constitutional and legal status of law enforcement agencies in the security system of the Russian Federation
    • Security system in the Russian Federation
    • Constitutional and legal status of the Security Council of the Russian Federation
    • Constitutional and legal status of the prosecutor's office in the Russian Federation
    • Investigative Committee of the Russian Federation
    • Constitutional and legal status of the internal affairs bodies of the Russian Federation

Constitutional and legal status of the Russian Federation

The Constitution of the Russian Federation establishes not only the principles of the federal structure of Russia, but also more specifically fixes the most important features of the status of both the Federation and its subjects, the delimitation of competence between them. The constitutional and legal status of the Russian Federation is characterized by a number of important features that together ensure sovereignty, territorial integrity, protection of the rights and freedoms of man and citizen. Let's look at these signs.

The Russian Federation is a sovereign state

The Russian Federation is a sovereign state that independently and independently performs its internal and external functions.

1. Sovereignty extends to the whole territory, which includes the territories of the subjects of the Federation, inland waters(bays, ports, estuaries, bays, rivers, lakes, other bodies of water, all shores of which are occupied by the territory of the Russian Federation) and the territorial sea in accordance with the Federal Law of July 31, 1998 "On internal sea waters, the territorial sea and the adjacent zone of the Russian Federation" within the 12-mile zone, unless otherwise established by an international treaty of the Russian Federation (for example, on the delimitation of the State Border of the Russian Federation at sea, in particular, with Norway, Ukraine, the USA and Japan). In addition, the territory of the Russian Federation includes an air column (airspace) over the land and water territory of Russia. Airspace includes an altitude of up to 100 km (outer space beyond 100 km of altitude does not belong to the territory of any of the states).

2. The Russian Federation also has sovereign rights and exercises jurisdiction on the continental shelf and in the exclusive economic zone. According to the Federal Law of November 30, 1995 "On the Continental Shelf of the Russian Federation", the continental shelf of Russia includes the seabed and subsoil of submarine areas located outside the territorial sea of ​​the Russian Federation throughout the natural extension of its land territory to the outer border of the underwater margin of the mainland . The outer limit of the continental shelf of the Russian Federation is located at a distance of 200 nautical miles from the coast or coincides with the outer boundary of the underwater margin of the mainland. Often, the boundaries of the continental shelf of the Russian Federation are determined on the basis of international treaties or norms of public international law. As for the exclusive economic zone of Russia, according to the Federal Law of December 17, 1998 “On the Exclusive Economic Zone of the Russian Federation”, it is established in sea areas located outside the territorial sea of ​​our state, at a distance of 200 nautical miles from the coastline.

3. The Russian Federation as a sovereign state has its own constitution and federal laws which have supremacy throughout its territory (clause 2, article 4 of the Constitution of the Russian Federation). Supremacy federal law is provided by the constitutional provision that “laws and other normative legal acts of the subjects of the Russian Federation cannot contradict federal laws ...” (clause 5, article 76 of the Constitution of the Russian Federation). The sovereignty of Russia extends to its entire integral and inviolable territory (clause 3, article 4 of the Constitution of the Russian Federation). The guarantor of the state integrity of the Russian Federation is the head of state - the President of the Russian Federation (clause 2, article 80 of the Constitution of the Russian Federation).

4. An important state-legal feature, an element of the constitutional-legal status of a sovereign state is having a single federal citizenship, which is acquired and terminated in accordance with the Federal Law "On Citizenship of the Russian Federation" and is uniform and equal regardless of the grounds for its acquisition.

5. The state-legal sign of Russia as a sovereign state is the presence of a unified system of state power- The President of the Russian Federation, the Federal Assembly, the Government and the courts of the Russian Federation. State power in the constituent entities of the Federation is exercised by the bodies of state power formed by them in accordance with the fundamentals of the constitutional order of the Russian Federation and the general principles of organizing representative and executive bodies state power established by federal law.

6. The Russian Federation as a sovereign state has unified system of law, which is formed mainly by federal regulatory legal acts, regulatory legal acts of the subjects of the Federation, as well as regulatory legal acts of local governments. Integral part legal system The Russian Federation is also implemented universally recognized principles and norms of public international law and international treaties of the Russian Federation.

7. The Russian Federation as a sovereign state has its own state federal property, monetary and credit system, common economic space. Article 8 of the Constitution of the Russian Federation establishes the existence of state property and its protection along with other forms of property. The Russian Federation disposes of property, which, by agreement with the subjects, is classified as federal state property, including industrial and construction companies of all-Russian significance, property acquired at the expense of the Russian Federation, the highest national educational establishments and objects of cultural heritage of the peoples of Russia.

The Russian Federation owns land, Natural resources. Federal property is the property of the Armed Forces of the Russian Federation, border and internal troops, railway and other troops. Objects of federal property also include objects and property of state authorities of the Russian Federation. In accordance with Art. 8 of the Constitution in the Russian Federation "the unity of the economic space, the free movement of goods, services and financial resources are guaranteed ...". The establishment of customs borders, duties, fees and any other financial means is not allowed on the territory of the Russian Federation (Article 74 of the Constitution of the Russian Federation).

In the Russian Federation there is a single ruble space, the monetary unit in Russia is the ruble. According to the Constitution of the Russian Federation, the issue of money is carried out exclusively by the Central Bank of the Russian Federation. The introduction and issue of other money (money surrogates) in Russia is not allowed. It is also prohibited to make settlements within the country in foreign currency, with the exception of cases provided for by the current legislation.

8. The most important state-legal feature, an element of the constitutional-legal status of the Russian Federation is the presence of unified armed forces, a unified system for ensuring the defense and security of the state. To carry out defense and ensure security with the use of means of armed struggle in Russia, the Armed Forces of the Russian Federation have been created and the military duty of citizens of the Russian Federation has been established. The federal nature of defense activities and development of the Armed Forces of the Russian Federation determines the legislative regulation of this sphere by federal legislation.

9. The Russian Federation as a sovereign state has international legal personality. In accordance with Art. 79 of the Constitution, the Russian Federation may participate in interstate associations and transfer part of its powers in accordance with international treaties, if this does not restrict the rights and freedoms of man and citizen and does not contradict the foundations of its constitutional system. Russia concludes international and interstate treaties and agreements with foreign countries. Only the Federation has the right to decide questions of war and peace. The Russian Federation defines a unified foreign policy, coordinates the foreign policy of the republics within Russia.

10. An important state-legal feature of the Russian Federation is establishment of the state language. State language according to Art. 68 of the Constitution of the Russian Federation is Russian language- remedy international communication peoples of Russia. At the same time, Part 2 of Art. 68 of the Constitution of the Russian Federation establishes a provision under which the republics have the right to establish their own state languages. In public authorities, local governments, state institutions of the republics, they are used along with official language Russian Federation. An essential provision is contained in the Declaration of October 25, 1991 “On the languages ​​of the peoples of the Russian Federation”: citizens who do not speak Russian can use their native language in state bodies, organizations and institutions, and in certain cases (for example, in court) they are provided with an appropriate translation. This norm, like others, is designed to promote the implementation of paragraph 3 of Art. 68 of the Constitution of the Russian Federation: Russia guarantees all peoples the right to preserve their native language, create conditions for its study and development.

11. Like any sovereign state, the Russian Federation has its own state symbols- State flag, State emblem. National anthem and capital. Their description and the procedure for official use are established by the Federal Constitutional Laws of December 25, 2000 "On the State Flag of the Russian Federation", "On the State Emblem of the Russian Federation", "On the State Anthem of the Russian Federation". The capital of the Russian Federation is the federal city of Moscow. The status of the capital is established by the Law of the Russian Federation of April 15, 1993 "On the Status of the Capital of the Russian Federation".

12. The most important element constitutional and legal status of the Russian Federation is existence and consolidation in the Constitution of the Russian Federation(arts. 71 and 72) subjects of jurisdiction of the Russian Federation and subjects of joint jurisdiction of the Federation and its subjects.

The problem of the competence of federal bodies

The Russian Federation, exercising its sovereignty, has and exercises all the rights of an independent state. At the same time, the subjects of the Federation also have their own competence. The Constitution of the Russian Federation, the Federal Treaty, and legislation endow the Federation, represented by federal government bodies, with wide, multifaceted competence, while at the same time leaving extensive rights to its subjects.

The problem of determining the competence of federal authorities is the main and most difficult in any federal state. The federation cannot have unlimited powers to govern the country, it is obliged to share these powers with the subjects of the federation, without which state power cannot be democratic. The subjects of the Federation are interested in the existence of a strong federal government, endowed with broad powers to protect and ensure common interests. But at the same time, they do not want to lose their independence and have the right to decide only secondary issues in the life of their population. This is an objective contradiction of any federation, forcing the authorities to carefully and optimally distinguish between competences. government agencies federation and its subjects.

World practice has developed a formula for solving this problem, which consists in establishing the jurisdiction of the federation and its subjects. Subjects of jurisdiction in different states can be distributed in different ways. In the Russian Federation, the Constitution distinguishes three groups: the exclusive competence of the federal authorities; joint competence of the authorities of the Federation and its subjects; the exclusive competence of the subjects of the Federation.

The Russian Federation has the right of exclusive jurisdiction over issues enshrined in Art. 71 of the Constitution of the Russian Federation; Art. 72 contains a list of issues under the joint jurisdiction of the Federation and its subjects; Art. 73 consolidates (without a list of issues) all the residual (i.e., outside the jurisdiction of the first two) competence of the subjects of the Federation.

Subjects of jurisdiction of the Russian Federation

Subjects of jurisdiction of the Russian Federation, defined in Art. 71 of the Constitution of the Russian Federation, can be conditionally divided into several areas.

In the region, the jurisdiction of the Russian Federation includes: the adoption and amendment of the Constitution of the Russian Federation and federal laws, control over their observance; federal structure and territory of the Russian Federation; establishment of a system of federal bodies of the legislative, executive and judicial branches of power, the procedure for their organization and activities; formation of federal bodies of state power; establishing the foundations of federal policy and federal programs in the field of state, economic, environmental, social, cultural and national development Russian Federation; federal public service.

2. In the area rights and freedoms of man and citizen, the rights of national minorities the jurisdiction of the Russian Federation is: regulation and protection of the rights and freedoms of man and citizen; citizenship in the Russian Federation; regulation and protection of the rights of national minorities.

3. In the area economic and socio-cultural development the jurisdiction of the Russian Federation includes: federal state property and its management; determination of the foundations of federal policy and federal programs in the field of economic, environmental, social, cultural development of the Russian Federation; establishing the legal framework for the single market; financial, currency, credit, customs regulation, money issue, bases of price policy; federal economic services, including federal banks; federal budget; federal taxes and fees; federal funds for regional development; federal energy systems, nuclear power, fissile materials; federal transport, means of communication, information and communications; activity in space.

4. In the field foreign policy and defense the jurisdiction of the Russian Federation shall be: foreign policy and international relationships Russian Federation, international treaties of the Russian Federation; issues of war and peace; foreign economic relations of the Russian Federation; defense and security; defense production; determining the procedure for the sale and purchase of weapons, ammunition, military equipment and other military property; production of toxic substances, narcotic drugs and the procedure for their use; determination of the status and protection of the state border, territorial sea, airspace, exclusive economic zone and continental shelf of the Russian Federation.

5. In the region, the jurisdiction of the Russian Federation includes: judiciary; prosecutor's office; criminal, criminal procedural and criminal executive legislation; amnesty and pardon; civil, civil procedural and arbitration procedural legislation; legal regulation intellectual property; federal conflict law.

6. In the field metrology, statistics and accounting the jurisdiction of the Russian Federation includes: the metrological service, standards, standards, the metric system and timekeeping; geodesy and cartography; Name geographical objects; official statistics and accounting.

7. The Russian Federation establishes state awards and honorary titles Russian Federation.

From this list of issues constituting the jurisdiction of the Russian Federation, a number of conclusions can be drawn regarding the constitutional prerogatives of the Federation, in particular: only at the federal level it is possible to change the Constitution, adopt laws on citizenship, etc.; objects of federal property may be located on the territory of the subjects of the Federation; issues are resolved only at the federal level nuclear power, the development of means of communication and activities in space; only federal authorities have the right to carry out foreign policy, declare war and conclude peace; the armed forces are uniform for the whole country, no subject of the Federation has the right to create their own armed formations; the judiciary and the prosecutor's office are the same for the whole country, only at the federal level can acts of amnesty and pardon be announced; etc.

The exclusive powers of the federal bodies do not affect all spheres of activity of citizens and public life, but it is in these areas that the sovereignty and territorial supremacy of the Russian Federation, its purpose to ensure the common interests of the country's multinational population, are manifested.

Within the limits of the jurisdiction of the Russian Federation, federal bodies of state power are not entitled to delegate the exercise of part of their powers to bodies of state power of the subjects of the Federation, since these powers relate to the subjects of the exclusive jurisdiction of the Russian Federation, and they adopt federal constitutional laws and federal laws that have direct effect on the entire territory of the Russian Federation (clause 1, article 76 of the Constitution of the Russian Federation).

Subjects of joint jurisdiction of the Russian Federation and its subjects

As for the subjects of joint jurisdiction of the Russian Federation and its subjects, enshrined in Art. 72 of the Constitution of the Russian Federation, they can also be conditionally divided into several areas.

1. In the field state building: ensuring compliance with the constitutions and laws of the republics, charters, laws and other regulatory legal acts of territories, regions, cities of federal significance, autonomous region, autonomous districts of the Constitution of the Russian Federation and federal laws; establishment of general principles for organizing the system of state authorities and local self-government.

2. In the area protection of rights and freedoms, law and order: protection of the rights and freedoms of man and citizen; protection of the rights of national minorities; ensuring the rule of law, law and order, public safety; regime of border zones; protection of the original habitat and traditional way of life of small ethnic communities.

3. In the area legal development and law enforcement: administrative, administrative-procedural, labor, family, housing, land, water, forest legislation, subsoil legislation, protection environment; personnel of judicial and law enforcement agencies; lawyer, notary.

4. In the field international and foreign economic relations, coordination of international and foreign economic relations of the constituent entities of the Russian Federation, implementation of international treaties of the Russian Federation.

On the subjects of joint jurisdiction of the Russian Federation and its subjects in accordance with paragraph 2 of Art. 76 of the Constitution of the Russian Federation, federal laws and laws adopted in accordance with them and other regulatory legal acts of the subjects of the Federation are issued. At the same time, laws and other normative legal acts of the subjects of the Federation must not contradict federal laws adopted on subjects of joint jurisdiction of the Federation and its subjects. In the event of a conflict between a federal law and another act issued in Russia on subjects of joint jurisdiction of the Federation and its constituent entities, the federal law shall prevail. As stated in the Federal Law of October 6, 1999 No. 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation", the general principles and procedure for delimiting the subjects of jurisdiction and powers by concluding agreements on the delimitation of subjects of jurisdiction and authority between federal authorities state authorities and public authorities of the constituent entities of the Russian Federation (hereinafter referred to as agreements on the delimitation of powers) and the adoption of federal laws are established by this Federal Law.

Prior to the adoption of federal laws on these issues, the subjects of the Federation have the right to exercise their own legal regulation on them, but after the adoption of the federal law, the regulatory legal acts of the subjects of the Russian Federation are brought into line with it.

The principle of federalism is vital for the integration of the Russian state, which differs not only in its scale, but also in the diversity of regions: economic, national, historical, socio-political, ideological. Already in the process of transition from the former rigidly centralized economy to economic market relations the need for many specific forms and methods of such a transition quickly became apparent. Federalism is called upon to become a firm guarantee of the historically established state unity of Russia on the basis of all-Russian consent. In multinational Russia, federalism contributes, on the one hand, to the implementation of the universally recognized principles of equality and self-determination of the peoples, the growth of national self-consciousness, and on the other hand, to the combination of their interests with the interests of the whole society. Particular emphasis should be placed on the role of the principle of federalism in solving problems related to the consolidation and implementation of human and civil rights.

Federalism in its modern progressive interpretation does not oppose either the ideas of self-determination of peoples and the development of national statehood, or the interests of the regions, their desire to increase their independence. If federalism is based on democratic principles, on the foundations of the rule of law, if it is truly humanistic, then its advantages are most fully manifested: a common large market, free movement captains, goods and services, freedom of movement of people; favorable conditions for interchange of achievements of science, education, culture. It is important, however, to keep in mind that the virtues of federalism are not automatic.

  • The concept of international law
    • The concept of international law and its features
    • Rules of international law
      • Classification of norms of international law
      • Creation of international law
    • International legal sanctions and international control
    • International legal relations
    • Legal facts in international law
  • Dominance (supremacy) of law (Rule of Law) in modern international law
    • Origin of the concept of the rule of law
    • The legal content of the concept of the rule of law: goals, structural content, direction of regulatory impact, connection with other concepts comparable in essence
  • The principle of good faith as the basis for the effectiveness of international law
    • The legal essence of the principle of good faith
      • Correlation of the principle of good faith with other principles and institutions of international law
    • The principle of good faith and the principle of inadmissibility of abuse of the right
      • The principle of good faith and the principle of inadmissibility of abuse of the right - page 2
  • becoming, general character, sources and system of modern international law
    • Formation and general character of modern international law
    • Sources of international law
      • Decisions of international organizations as sources of international law
    • International law system
    • Codification of international law
  • Subjects and object of modern international law
    • The concept and types of subjects of international law. The content of international legal personality
    • States are the main subjects of international law
    • International Legal Personality of Nations and Nationalities Fighting for Their Independence
    • International legal recognition as an institution of law
      • Declarative and constitutive theories about the meaning of international legal recognition
    • The legal position of the individual in international law
    • Object of international law and international legal relations
      • Object of international law and international legal relations - page 2
  • Basic principles of international law
    • The concept of the basic principles of international law
    • Principles that ensure the maintenance of international law and security
    • General principles of interstate cooperation
    • The principle of good faith general principle law and as one of the fundamental principles of modern international law
  • Interaction of international and domestic law
    • Sphere of interaction between international and domestic law
    • Influence of domestic law on international law
    • Influence of international law on domestic law
    • Doctrines of correlation between international and domestic law
  • Law of international treaties
    • International treaty and the law of international treaties
    • Structure of international treaties
    • Conclusion of international treaties
    • Validity of international treaties
    • Validity and application of treaties
    • Interpretation of international treaties
    • Termination and Suspension of International Treaties
  • Law of international organizations
    • The concept and main features of an international organization. Classification of international organizations
    • The procedure for the creation of international organizations and the termination of their existence
    • Legal personality of international organizations
    • >The legal nature of international organizations and the organization of their activities
      • Rights of international organizations
      • The nature of legal acts of international organizations
    • UN as an international organization
      • Structure of the Organization
      • Universal Declaration of Human Rights
      • Human rights issues
    • United Nations specialized agencies
      • UNESCO and WHO
      • international organization civil aviation, Universal Postal Union, International Telecommunication Union
      • World Meteorological Organization, International Maritime Organization, World Intellectual Property Organization
      • International Fund for Agricultural Development, General Agreement on Tariffs and Trade, IAEA
      • The World Bank
    • Regional organizations
      • Commonwealth of Independent States (CIS)
  • Diplomatic and consular law
    • The concept and sources of diplomatic and consular law
    • Diplomatic missions
      • Representation staff
    • Consular offices
      • Privileges and immunities of consular posts
    • Permanent missions of states to international organizations
    • Special missions
  • International security law
    • The concept of international security law
    • Special principles of international security
    • General system of collective security
    • United Nations activities to celebrate the Year of Dialogue among Civilizations under the auspices of the United Nations
    • Regional systems of collective security
    • Disarmament is a key issue of international security
    • Neutrality and its role in the maintenance of international peace and security
  • Human rights and international law
    • Population and its composition, citizenship
    • Legal status foreigners
    • Right of asylum
    • International cooperation on human rights issues
    • International protection of the rights of women and children
    • International protection of the rights of minorities
    • The human right to decent housing
      • Government commitments to the human right to adequate housing
      • Institute of "recognition" in the field of ensuring the right to adequate housing
      • Elements of housing rights
      • Opportunities for judicial review of housing rights
  • International cooperation in the fight against crime
    • The main forms of international cooperation in the fight against crime and its legal basis
    • Combating international crimes and crimes of an international nature
      • Distribution and drug trafficking
    • Legal assistance in criminal matters
    • International Criminal Police Organization - Interpol
  • International economic law
    • The concept of international economic law and its sources. Subjects of international economic law
    • International legal foundations of economic integration
    • Improving the system of international economic relations and the formation of a new economic order
    • Special principles of international economic law
    • The main areas of international economic relations and their legal regulation
    • International organizations in the field of interstate economic relations
  • Territory in international law (general issues)
    • state territory
    • state border
    • Legal regime of international rivers
    • Demilitarization of the territory
    • Legal Regime of the Arctic and Antarctic
  • International maritime law
    • The concept of international maritime law
    • Internal maritime waters and territorial sea
    • Contiguous and economic zones
    • Legal regime high seas
    • The concept and legal regime of the continental shelf
    • Legal regime of international straits and channels
  • international air law
    • The concept of international air law and its principles
    • Legal regime of the airspace. International flights
    • International air services
  • international space law
    • The concept and sources of international space law
    • The international legal regime of outer space and celestial bodies
    • International legal regime of space objects and astronauts
    • International legal responsibility for activities in outer space
    • Legal basis international cooperation in the peaceful uses of outer space
    • The Significance of Practical Measures of the World Community for the Peaceful Use of Outer Space
  • International law environment
    • The concept of international environmental law, its principles and sources
    • International organizations and conferences in the field of environmental protection
    • Protection of the environment of the World Ocean, protection of the atmosphere and prevention of climate change, protection of animal and flora
    • Protection of the aquatic environment of international rivers and the environment of polar regions
    • Environmental protection in the process of space and nuclear activities
    • International legal regulation of hazardous waste management
  • International legal means of resolving international disputes
    • The Essence of the Peaceful Settlement of International Disputes
    • Means of resolving international disputes
    • Resolution of international disputes by the court
      • Establishment of a new International Court of Justice within the United Nations
      • Dispute Procedure
      • Bodies and specialized agencies of the United Nations empowered to apply to the Court for an advisory opinion
    • Dispute resolution in international organizations
  • International law during armed conflicts
    • The concept of the law of armed conflicts
    • The beginning of the war and its international legal consequences. Participants in the war (armed conflict)
    • Means and methods of warfare
    • Neutrality in war
    • International legal protection of victims of armed conflicts
    • The end of the war and its international legal consequences
    • Development as a way to prevent conflicts

state territory

State territory is a part of the globe with its bowels and air space above it, lawfully under the sovereignty of the corresponding state; it consists of land (with subsoil) water and air space.

The land territory includes all areas of land with its subsoil within the state borders, as well as coastal islands and enclaves. The subsoil of the earth under the land and water surface of the state is under its full and exclusive sovereignty. This right of peoples and nations is enshrined in many international legal acts.

The water areas of the state include the waters of rivers, lakes, bays, bays, ports, as well as territorial waters (having a special regime). The surface and subsoil of the continental shelf, as well as economic zones, have a specific regime.

Airspace is the space above land and water areas (including territorial waters).

The state territory is considered (conditionally) also sea ​​vessels, air and spaceships bearing the flag of the respective state; submarine cables and pipelines on the high seas if they connect two parts of the same state; buildings of embassies and some other representations abroad.

An enclave is a part of the territory of a state, separated from its main territory and surrounded on all sides by the territory of another (other) state. If this part of the territory has access to the open sea, then it is a semi-enclave. Modern enclaves: Llivia (an enclave of Spain) is located in France (about 12 km square); on the territory of Switzerland are the Italian enclave of Campione (square 2.6 km) and two West German enclaves - Büsingen (square 7 km) and Ferenahof (square about 1 km); in the Netherlands - the Belgian enclave of Baarle-Hertog (square 8 km). The Spanish enclaves of Ceuta and Melilla are in Morocco. The right of access of the state to its enclave is exercised on the basis of a special agreement with the state in whose territory this enclave is located.

The legal regime of the state territory is determined by national legislation; some issues of the state territory may become the subject of regulation by the norms of international law. The legal nature of the state territory in the science of international law is expressed various points vision; the most common of these are the object theory and the theory of the spatial limit of the power of the state.

According to the object theory, the territory is an object (object) of possession. Such an understanding of the territory has developed historically, as a legacy of the era of feudalism; then land ownership was seen as a source of power over the population. Territorial supremacy was reduced to the right of public property of the state to its possessions.

The emergence of the theory of the spatial limit of the power of the state is associated with the name of the Russian lawyer V. A. Nezabitovsky, who strongly opposed equating the state territory with the object of possession. Supporters new theory identified territorial supremacy with the right of the state to exercise power over the people who live within its borders.

In accordance with the modern concept of Russian international lawyers, the state territory is a spatial sphere for the implementation of state supremacy. Within the state territory, only the power of this state operates, which has full and exclusive sovereignty, in other words, has territorial supremacy, which is inextricably linked with the concept of state sovereignty.

Thus, the territory is one of the main features and elements of each sovereign state. In accordance with Art. 4 of the Constitution of the Russian Federation, the sovereignty of the Russian Federation extends to its entire territory. The Constitution of the Russian Federation and federal laws have supremacy throughout the territory of the Russian Federation. The Russian Federation ensures the integrity and inviolability of its territory.

The territory of the state is an object of public law powers of each state, which establishes an administrative-territorial division; organizes state power on a territorial basis and public administration; determines and changes the regime of its borders; regulates issues of citizenship, conditions of entry, exit and movement of foreigners; organizes the protection and defense of its territory.

According to modern international law, the territorial integrity and political independence of a state are inviolable. At the same time, modern international law establishes the following legitimate ways to change the state territory:

the creation of new independent states as a result of a plebiscite or referendum, i.e. popular vote on the nationality of a certain territory. So, In 1961, the population of the northern region of Cameroon spoke in favor of joining Nigeria, and the population of the southern region - for unification with the Republic of Cameroon; in 1969 the people of West Irian voted for reunification with Indonesia;

the return of the territory as a result of the restoration of historical rights to previously illegally seized parts of the territory. For example, under an agreement between the USSR, the USA and England of February 11, 1945, South Sakhalin and Kurile Islands; but the Potsdam Agreement returned to Poland the original Polish lands east of the Oder-Neisse;

rejection of territory as a sanction for aggression. So, after the Second World War, the areas of the former East Prussia were transferred to the Soviet Union and Poland. At the same time, it should be borne in mind that the deprivation of the aggressor of part of its territory follows from the fact of the responsibility of the state for an international crime and should be considered as a measure aimed at preventing the repetition of aggression.

International law also knows the lease, sale, cession of state territory.

Territory rent- this is a temporary grant by one state to another state of the right to use on a contractual basis part of its territory. In a lease, the tenant state is allowed to exercise certain rights in the leased area, and thereby limits the rights of the lessor. The lease agreement must be in the interests of both parties. The leased territory cannot be used against the sovereignty and security of the landlord state.

In a number of cases, states use the lease of foreign territories to create naval and air bases there. The stipulation that the landlord retains sovereignty over the leased territory is a legal fiction. Practice shows that states take all power over the leased territory into their own hands (for example, the US lease of the Cuban base of Guantanamo for a period of 99 years; Diego Garcia - for a period of 50 years).

On March 30, 1867, Russia sold Alaska (together with the Aleutian Islands) to the United States of America for 7.2 million dollars (about 11 million gold rubles).

The legal basis for changing the state territory is a cession, i.e. concession, donation, transfer of part of the state territory by one state to another according to mutual agreement. The cession occurs through the mutual exchange of equal parts of the state territory. Thus, on February 15, 1951, an agreement was concluded between the USSR and Poland on the exchange of plots of state territories. December 2, 1954 Soviet Union and Iran exchanged respective parts of their territory in mutual interests. Soviet territories in the regions of Mugan, Deman, Edd-Evlyar and Serakhs, they went to Iran, and the region; Firyuza, which is organically connected with Ashgabat, to the USSR. In 1968, France and Luxembourg exchanged territories in order to clarify the border.

If a dispute arises between two or more states about the ownership of some part of the territory, then modern international law has developed one way to resolve it - a peaceful settlement. Contemporary international law establishes that no territorial acquisition resulting from the threat or use of force should be recognized as legal.

Which will provide you with information about the presence of debts on loans, fines, alimony, housing and communal services and other things, as well as assess the likelihood of a ban on flying abroad.

The number of people wishing to cross the Russian border for the purpose of tourism, migration or employment has always been extremely high, which could not but be reflected in the desire of the authorities to improve the law regulating their flow. Today, the rules for the stay of foreign citizens on the territory of the Russian Federation are very different for different categories of persons, and therefore require some clarification.

Entry to Russia

RVP

A permit that allows you to stay in Russia temporarily is issued for a period of three years. There is no possibility to extend it. But it gives the right to its owner freely in the region where this document was issued.

This permission is an ordinary stamp in the passport. Only a few categories of people can pass this stage:

  • residents of Belarus and Turkmenistan;
  • highly qualified specialists.

All the rest receive TRP according to the established quota.

residence permit

Unlike the previous document, the residence permit is already an identity card, which is issued on a separate form. It also provides more rights and privileges, and at the same time duties. will have to know Russian laws, history and language, undergo a medical examination and fingerprinting.

Like the previous permit, the residence permit has its own term, only now it is already limited to five years and subject to certain grounds. Every year, this document requires confirmation by the Federal Migration Service with the provision of a certificate of income.

Documents for stay in the Russian Federation of foreign citizens are issued by authorized body- which, in fact, keeps a record of all arrived foreigners, not forgetting to control their timely departure.

Simplified acquisition of Russian citizenship: Video

The state territory is an element of state sovereignty, representing a part of the territory of the Earth, to which the sovereignty of the state extends. Territory is an attribute of statehood, an essential feature of any state. Within the territory, the state exercises legal territorial supremacy. Accordingly, the state territory of the Russian Federation is the land territory, its subsoil, territorial and internal waters and the airspace above them. The main features of the state territory are its:

a) belonging to a particular state and

b) the supremacy of the state power of this state on it.

The Constitution (Part 1, Article 67) establishes the territory of the Russian Federation, including the territories of its constituent entities, internal waters and territorial sea, and the airspace above them. The territory of the Russian Federation is 17.1 million km, the length of its borders is 58 thousand km, of which approximately 20 thousand km are land and 38 thousand km are sea. The land border separates Russia from Azerbaijan, Belarus, Georgia, Kazakhstan, China, Korea, Latvia, Lithuania, Mongolia, Norway, Ukraine, Finland, Estonia (13 states in total). Russia has a maritime border with the USA and Japan.

The territory of the state consists of:

1) land territory, which includes the mainland, islands and (in some countries) enclaves - part of the land territory of a state, covered by the land territory of another state and not having a sea coast;

2) a water area consisting of basins of rivers, lakes, straits or artificial reservoirs and waterways (canals) completely located within the borders of the state, as well as territorial waters washing the coast of the state;

3) air part - the space (column of air) located above the land and water territory of the Russian Federation. According to established legal practice, airspace includes an altitude of up to 100 km.

The high seas (freedom of navigation, flights, etc.), the Arctic, Antarctica, and the airspace above them do not belong to the state territory of any countries. This space, together with outer space, is the common property of all peoples, and the procedure for their use is determined by the norms of international law.

In addition, the state territory of the Russian Federation includes a territory with a mixed regime, which includes the continental shelf and the economic zone. The continental shelf of the Russian Federation includes the seabed and subsoil of submarine areas located outside the territorial sea of ​​the Russian Federation, throughout the natural extension of the land territory of the Russian Federation or at a distance of 200 miles from the coast. The procedure for exercising sovereign rights on the shelf is determined by the Federal Law of November 30, 1996 "On the Continental Shelf of the Russian Federation". The rights of the constituent entities of the Russian Federation in the exploitation of the resources of the continental shelf are determined, respectively, by their contribution to the development of these resources. The exclusive economic zone is a maritime area up to 200 miles from the coast. Within these limits, coastal states have the right to create artificial islands, installations and structures, conduct research, protect the marine environment and natural resources. Unlike the continental shelf, the legal regime of the exclusive zone is such that the principles and norms relating to the regime of the high seas (freedom of navigation, flights, etc.) operate in it.

The line that defines the boundaries of the territory of the state is called the state border. Accordingly, the state border of the Russian Federation is formed by a line and passing along this line vertical surface, defining the limits of the state territory (land, water, subsoil, airspace) - the spatial limit of the operation of the state sovereignty of Russia.

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