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Law and Politics
Reference:

Narutto, S.V. Territory of the constituent subject of the Russian Federation.

Abstract: Based on the analysis of the Constitutions of the Republics and the Ustavs of the other constituent subjects of the Russian Federation, as well as the current regional legislation, the author studies the definition of territory of the constituent subjects of the federation as an object of their application. It is noted that the limits to the independency of the constituent subjects are understood in a variety of ways. The author singles out four approaches towards territory in regional constitutional (Ustav) regulation: geographical, administrative territorial, municipal territorial and lack of regulation. Having analyzed the geographical approach, and noting the variety of formulae in the relevant legislation, the author comes to a conclusion that the territory of a constituent subject includes dry land, domestic waters, the aerial space over the waters and land, as well as the subsoil of the constituent subject. This position is supported by the issues of shared competence of the Russian Federation and its constituent subjects according to the Constitution of the Russian Federation. The author points out that administrative territorial approach is characterized by provision for administrative territorial objects with no geographical references. The municipal territorial approach is characterized by mention of municipal formations within the territory of the constituent subject. It is noted that most of the constituent subjects fail to define territory in their basic laws. Then the author comes to a conclusion, that it is necessary to harmonize the legislation of the constituent subjects of the Russian Federation in the sphere of defining their territory.


Keywords:

jurisprudence, territory, constituent subject, federation, Ustav, dry soil, waters, air, unit.


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References
1. Lebedev A.N. Konstitutsionno-pravovoy status territorii sub'ekta Rossiyskoy Federatsii // Konstitutsionnyy stroy Rossii. Vyp. 4. M. , 2003. S. 79.