Личичан О.П., Дамдинов Б.Д. Особенности законодательного процесса в новых субъектах Российской Федерации в переходный период их образования

Аннотация: Within the bounds of transition period while new subjects of Russian Federation are founded, bodies of state power in united subjects of Russian Federation in addition must decide an issue with operation of a law in the new subject’s territory. Passing in every concrete case of unification federal constitutional law is called on to consider specifics of new subject’s foundation, including transition period features. Absolutely that specifics of new subject’s foundation (or their enlargement) and features of their periods of transition have had an effect on lawmaking process in these subjects of Russian Federation, and introduced some innovations into theory and practice of law-making process. This article lights a comprehensive research of the procedural aspects of the law-making generation in new subjects of Russian Federation in transition period of their foundation. The procedural aspects of law-making in new subjects of Russian Federation in transition period of their foundation has no any analogues in current constitutional law practice. These procedures differs from law-making process in subjects of Russian Federation, which exercised at current order and differ with the participation of regional parliament in federal law-making process. Law-making process in new subjects of Russian Federation in transition period of their foundation can be put into effect in three ways: exception of normative legal documents (acts) of united subjects to all territory of new subject of Russian Federation; combined law-making process by bodies of state power in united subjects in transition period; concerted law-making process by bodies of state power in united subjects in transition period. Integration of these ways is reduce to different models of law-making process appearance. Among them we can separate Perm, Irkutsk, Krasnoyarsk and Zabaikal model. To specific sources of legislative regulation of law-making process in new subjects of Russian Federation in transition period of their foundation refers agreements between bodies of state power in united subjects, their rules for lawmaking procedure, agreements between these bodies of state power and political executive of new united subjects.

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Abstract: Within the bounds of transition period while new subjects of Russian Federation are founded, bodies of state power in united subjects of Russian Federation in addition must decide an issue with operation of a law in the new subject’s territory. Passing in every concrete case of unification federal constitutional law is called on to consider specifics of new subject’s foundation, including transition period features. Absolutely that specifics of new subject’s foundation (or their enlargement) and features of their periods of transition have had an effect on lawmaking process in these subjects of Russian Federation, and introduced some innovations into theory and practice of law-making process. This article lights a comprehensive research of the procedural aspects of the law-making generation in new subjects of Russian Federation in transition period of their foundation. The procedural aspects of law-making in new subjects of Russian Federation in transition period of their foundation has no any analogues in current constitutional law practice. These procedures differs from law-making process in subjects of Russian Federation, which exercised at current order and differ with the participation of regional parliament in federal law-making process. Law-making process in new subjects of Russian Federation in transition period of their foundation can be put into effect in three ways: exception of normative legal documents (acts) of united subjects to all territory of new subject of Russian Federation; combined law-making process by bodies of state power in united subjects in transition period; concerted law-making process by bodies of state power in united subjects in transition period. Integration of these ways is reduce to different models of law-making process appearance. Among them we can separate Perm, Irkutsk, Krasnoyarsk and Zabaikal model. To specific sources of legislative regulation of law-making process in new subjects of Russian Federation in transition period of their foundation refers agreements between bodies of state power in united subjects, their rules for lawmaking procedure, agreements between these bodies of state power and political executive of new united subjects.

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