constitutional principles

Constitutional principles of the creation of federal territories in Russia

Introduction. During the constitutional reform of 2020, part 1 of Article 67 of the Constitution of the Russian Federation was supplemented with a provision on the possibility of creating federal territories. In this regard, questions need to be resolved about how the constitutional novel should relate to the principles of federalism established by the Constitution of the Russian Federation, and what the principles for the creation of federal territories in Russia are. Theoretical analysis. The creation of federal territories in the Russian Federation should take place subject to strict compliance with the principle of state integrity, the principle of equality and self-determination of the peoples of Russia; the principle of unity of the public power system; the principle of priority of individual rights and freedoms, their recognition, observance and protection by the state; the principle of compliance with the goals of the formation of federal territories with the strategic interests of the Russian Federation. Empirical analysis. It is revealed that the current version of Part 1 of Article 67 of the Constitution, firstly, establishes the possibility of creating federal territories as a new type of public legal territory, secondly, provides for a special organization of public power in these territories, different from the generally accepted organization operating on the territory of the subjects of the Russian Federation, and, thirdly, defines the constitutional and legal mechanism for their creation: the adoption of a federal law. This norm does not specify the types of federal territories and the possible goals of their creation. These issues are fully attributed to the discretionary powers of the Russian Parliament. Results. Based on the analysis of the scientific literature devoted to the problems of federal territories in Russia and abroad, and the legislation of the Russian Federation, the definition can be formulated: federal territory is a public legal entity that has a special constitutional and legal status determined by national strategic significance, created in accordance with a regulatory act providing for direct or indirect management of it by the federal government, defining the specifics of the exercise of public power in accordance with the goals of creation, additional guarantees and restrictions on the rights and freedoms of citizens.

“Legal Category” as a Tool of Scientific Knowledge (on the Example of “Land” as a Category of Constitutional Law)

Introduction. The article is devoted to the analysis of the role of the “legal category” as an independent methodological method, with the help of which the process of cognition of legal phenomena takes place. The conclusions are adapted on the “ground” as a constitutional-legal category.

Purpose. The main goal is to determine the methodological role of the “legal category” in the process of cognition of individual constitutional and legal phenomena and processes.

Results. The author determines the essence of the “legal category” as an instrument of scientific knowledge, explains the expediency of applying this methodological method to the study of “land” as a constitutional legal category, based on its multifaceted nature, a special constitutional and legal regime and special significance for the people and the state public land relations.

Сonclusions. The author comes to the conclusion that constitutional norms are a legislative form of expressing the category of land as a consitutional-legal one; the content of the constitutional-legal category of “land” is the cumulative representation of it as a constitutional value, part of constitutional principles and the object of constitutional relations.