конституционная реформа 2020 г.

Constitutional-legal and socio-economic prerequisites and goals for the creation of federal territories in the Russian Federation and abroad	Introduction. The establishment of the possibility of creating federal territories in the Constitution of the Russian Federation and the subsequent adoption of the Federal Law “On the Federal Territory “Sirius” No. 437-FZ of December 22, 2020 make us take a closer look at foreign experience in determining the constitutional legal status, mechanisms of creation and features of functioning of federal territories. Carrying out a comparative analysis will make it possible to predict the prospects for further development of legislation on the creation and identifi cation of the main goals of functioning of federal territories. Theoretical analysis. The review of the types of federal territories and federal districts in the constitutional and legal practice of foreign states allows us to conclude that their creation requires a system of constitutional-legal and socioeconomic prerequisites. The main prerequisites include establishment of the possibility, goals and mechanisms of creation of a federal territory in the Constitution of the state, the defi nition of the spatial and geographical characteristics of the federal territory, as well as the peculiarities of the legal regime of public authority exercised in this territory in the legislation of the state. Empirical analysis. Russia has quite a lot of experience in creating a legal framework for socio-economic, environmental, scientifi c and technological development in individual territories, which was taken into account when creating the Federal Law on Sirius. Results. At present, the main constitutional-legal and socio-economic prerequisites for the creation of new federal territories of Russia have been formed. These prerequisites are of an objective nature and are generally comparable with the experience of foreign countries with the state territorial structure that includes federal territories. The goals of creating federal territories in Russia and foreign countries have their own specifi cs. Abroad, such goals, as a rule, are the special status of the capital, construction of defense structures, environmental protection, and preservation of the specifi cs of the territories where indigenous peoples live. In Russia, the federal territory “Sirius” was created in order to ensure the socio-economic and innovative development of the territory, to increase its investment attractiveness, to preserve the Olympic sports, cultural and natural heritage, to create favorable conditions for identifi cation, self-realization and development of talents, implementation of priorities in scientifi c and technological development of the Russian Federation. In foreign practice, as a rule, the mechanisms for creating federal territories are not used for these purposes, but other socio-economic and organizational-legal instruments are applied.	Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 1
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.	Izv. Sarat. Univ. Economics. Management. Law, 2021, vol. 21, iss. 4