The Russian Federation is a federal democratic republic.{{1}} Its federal sub-entities, called “subjects of the Russian Federation”, are republics, territories, regions, cities of federal importance, autonomous regions and autonomous areas.{{2}}
The Russian Federal Constitution and federal laws have supremacy throughout the territory of the federation,{{3}} with the Constitution being the “supreme juridical force” with which all other laws must comply.{{4}} The federal sub-entities also have their own charters or constitutions and legislation.{{5}} The competence of the federal level includes, among other things, the regulation and protection of the rights and freedoms of man and citizen; the judicial system, procurator’s office, criminal law and procedure and criminal-executive legislation, amnesty and pardon, civil law and procedure, arbitration procedure legislation, and legal regulation of intellectual property; and the federal law of conflict of laws.{{6}} The Federation and the subjects of the Federation have joint competence over, among others, the protection of the rights and freedoms of man and citizen, protection of the rights of national minorities, and ensuring the rule of law and “law and order”; providing for the correspondence of the constitutions and laws of the Republics, the charters and other normative legal acts of the territories, regions, cities of federal importance, autonomous regions or autonomous areas to the Constitution of the Russian Federation and the federal laws; and the personnel of the judicial and law enforcement agencies, the Bar and notaries.{{7}}
Pursuant to the federal Constitution, both universally recognized norms of international law and international treaties to which the Russian Federation is a party, are a component of the legal system. Furthermore, when an international treaty provides for other rules than those envisaged in domestic law, the rules of the international treaty apply.{{8}}
The federal Constitution provides that State power shall be exercised based on a division of powers between the legislative, executive and judicial branches. The bodies exercising legislative, executive and judicial powers shall be independent.{{9}}
[[1]] 1. Constitution of the Russian Federation (hereinafter, ‘Constitution’), [expand title=”Article 1.”]
The Russian Federation — Russia shall be a democratic federal rule-of-law state with the republican form of government.
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[[2]] 2. Constitution, [expand title=”Article 5(1).”]
The Russian Federation consists of Republics, territories, regions, cities of federal importance, an autonomous region and autonomous areas – equal subjects of the Russian Federation.
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[[3]] 3. Constitution, [expand title=”Article 4(2).”]
The Constitution of the Russian Federation and federal laws shall have supremacy in the whole territory of the Russian Federation.
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[[4]] 4. Constitution, [expand title=”Article 15(1).”]
The Constitution of the Russian Federation shall have the supreme juridical force, direct action and shall be used on the whole territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation shall not contradict the Constitution of the Russian Federation.
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[[5]] 5. Constitution, [expand title=”Article 5(2).”]
The Republic (State) shall have its own constitution and legislation. The territory, region, city of federal importance, autonomous region and autonomous area shall have its charter and legislation.
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[[6]] 6. Constitution, [expand title=”Article 71.”]
The jurisdiction of the Russian Federation shall include: a) the adoption and amendment of the Constitution of the Russian Federation and federal laws and supervision over compliance with them; b) the federal structure and territory of the Russian Federation; c) regulation and protection of the rights and liberties of the human being and citizen; citizenship of the Russian Federation; regulation and protection of the rights of national minorities; d) establishment of the system of federal bodies of legislative, executive and judiciary power, procedure for the organization and activities thereof; formation of federal bodies of state power; e) federal and state property and management thereof; f) determining the basic principles of federal policy and federal programs in the field of state structure, the economy, the environment, and the social, cultural and national development of the Russian Federation; g) establishment of the legal framework for a single market; financial, monetary, credit and customs regulation, emission of money and guidelines for price policy; federal economic services, including federal banks; h) the federal budget; federal taxes and levies; federal funds of regional development; i) federal power grids, nuclear energy, fissionable materials; federal transport, railways, information and communications; space activities; j) foreign policy and international relations of the Russian Federation, international treaties of the Russian questions of war and peace; k) foreign trade relations of the Russian Federation; l) defense and security; defense production; determining procedures for the sale and purchase of arms, ammunition, military hardware and other equipment; production of fissionable materials, toxic substances, narcotics and procedure for the use thereof; m) defining the status and protection of the state border, territorial waters, the air space, the exclusive economic zone and the continental shelf of the Russian Federation; n) law courts; Prosecutor’s Office; criminal, criminal-procedural and criminal-executive legislation; amnesty and pardon; civil, civil-procedural and arbitration-procedural legislation; legal regulation of intellectual property; o) federal conflict of laws; p) meteorological service; standards, models, the metric system and time measurement; geodesy and cartography; names of geographical objects; official statistics and accounting; q) state decorations and honorary titles of the Russian Federation; r) federal state service.
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[[7]] 7. Constitution, [expand title=”Article 72.”]
The joint jurisdiction of the Russian Federation and the subjects of the Russian Federation shall include: a) ensuring compliance of the constitutions and laws of the republics, charters, laws, and other regulatory legal acts of the territories, regions, federal cities, the autonomous region and autonomous areas with the Constitution of the Russian Federation and the federal laws; b) protection of the rights and freedoms of man and citizen, protection of the rights of ethnic minorities; ensuring legality, law and order, and public safety; border zone regime; c) issues of the possession, use and management of the land, mineral resources, water and other natural resources; d) delimitation of state property; e) management of natural resources, protection of the environment and ecological safety; specially protected natural reserves; protection of historical and cultural monuments; f) general questions of upbringing, education, science, culture, physical culture and sports; g) coordination of health issues, protection of family, motherhood, fatherhood and childhood; social protection including social security; h) implementing measures to combat catastrophes, natural disasters, epidemics and eliminating consequences thereof; i) establishment of the general guidelines for taxation and levies in the Russian Federation; j) administrative, administrative-procedural, labor, family, housing, land, water and forestry legislation; legislation on the sub-surface and environmental protection; k) cadres of judiciary and law-enforcement agencies; the bar, notariate; l) protection of the original environment and traditional way of life of small ethnic communities; m) establishment of general guidelines of the organization of the system of bodies of state power and local self-government; n) coordination of the international and external economic relations of the subjects of the Russian Federation, compliance with the international treaties of the Russian Federation.
The provisions of this Article shall equally apply to the republics, territories, regions, federal cities, the autonomous region and autonomous areas.
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[[8]] 8. Constitution, [expand title=”Article 15(4).”]
The universally-recognized norms of international law and international treaties and agreements of the Russian Federation shall be a component part of its legal system. If an international treaty or agreement of the Russian Federation fixes other rules than those envisaged by law, the rules of the international agreement shall be applied.
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[[9]] 9. Constitution, [expand title=”Article 10.”]The state power in the Russian Federation shall be exercised on the basis of its division into legislative, executive and judicial power. The bodies of legislative, executive and judicial power shall be independent.
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