Narutto, S.V. The principle of constitutionality of separation of competences among the state government bodies of the Russian Federation and its constituent subjects, as refl ected in the judicial practice.

Abstract: The article includes analysis of problems of division of objects of competence and powers among the state government bodies of the Russian Federation and the state government bodies of its constituent subjects. One of the principles for such a division is the constitutionality principle. Based on the studies of judicial decisions (mostly of the Constitutional Court of the Russian Federation) the author evaluates the principle of constitutionality of division of objects of competence and powers. Such criteria include refl ection of constitutional ideas and principles, correct use of constitutional terms and defi - nitions, passing such an act by a lawfully empowered subject, taking place and form of the act into account, following the due procedure of preparation, passing and coming into force for such an act, correlation of the meaning of the norms of such an act to the relevant norms of the Constitution of the Russian Federation. The author also analyzes cases regarding separation of competences between government bodies in the practice of the arbitration courts and the courts of general jurisdiction. The judicial materials show the large variety of cases when the above-mentioned criteria are not being followed either by the legislator or by the body, which implements the norms.

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