The Principles And Guidelines For The Delineation Of Subjects Of Jurisdiction And Powers Between The State Bodies Of The Russian Federation And State Government Bodies Of Constituent Entities Of The Russian Federation

Original Language Title: О принципах и порядке разграничения предметов ведения и полномочий между органами государственной власти Российской Федерации и органами государственной власти субъектов Российской Федерации

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Overtaken by Federal Law from 04.07.2003 N 95-FZ RUSSIAN FEDERATION FEDERAL LAW About principles and order of separation of objects between authorities of the Russian Federation and State authorities of entities Russian Federation adopted by the State Duma on 4 June 1999 Approved by the Federation Council on 9 June 1999 class="ed">(In the revision of Federal Law dated 20.05.2002 N 52-FZ CHAPTER I. GENERAL PROVISIONS Article 1. The scope of this Federal Law This Federal Law establishes the procedure for the adoption of federal laws on joint responsibility of the Russian Federation and the constituent entities of the Russian Federation, as well as the basic principles and the procedure for the delimitation of the subjects of competence and competence in the conclusion of treaties between the State authorities of the Russian Federation and the State authorities of the constituent entities of the Russian Federation on the delimitation of the subjects of competence and authority, agreements between the federal executive authorities and OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 2. Basic concepts used for purposes of this Federal Law 1. The object of the Russian Federation is the sphere of social relations, the regulation of which is assigned exclusively to the Constitution of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The subject of joint responsibility of the Russian Federation and the constituent entity of the Russian Federation (hereinafter referred to as the subject of joint jurisdiction) is the sphere of social relations, the regulation of which is assigned to the Constitution of the Russian Federation and the competences of the Russian Federation and the subjects of the Russian Federation. 3. Subject of the subject of the Russian Federation-the sphere of social relations, the regulation of which is assigned by the Constitution of the Russian Federation of the Russian Federation 4. The competence of the public authority is the body of powers of the State authority under the objects of competence established by the Constitution of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. The powers of the public authority are the rights and duties of the public authority with regard to the adoption of legal acts, as well as the exercise of other public authorities. 6. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7. Agreement between the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation on the transfer of the exercise of part of the powers (hereinafter referred to as the agreement)-the legal form of the transfer by the federal executive authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION 8. The Commissioner of the constituent entity of the Russian Federation is a person authorized by the Constitution or other regulatory legal act of the subject of the Russian Federation to represent the constituent entity of the Russian Federation. Article 3. Principle of constitutionality 1. Federal constitutional laws and federal laws, as well as constitutions, statutes, laws and other normative legal acts of the constituent entities of the Russian Federation, treaties, agreements cannot transfer, exclude or otherwise distribute OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Federal laws, as well as constitutions, statutes, laws and other normative legal acts of the constituent entities of the Russian Federation are not adopted, agreements are concluded, agreements are concluded if the acceptance (conclusion) of these acts leads to a change OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 4. The principle of the supremacy of the Constitution of the Russian Federation and federal laws In case of incompatibility with the provisions of treaties and agreements, Article 5. The principle of equality of the constituent entities of the Russian Federation in the division of objects All subjects of the Russian Federation are equal in relations with state authorities of the Russian Federation The Federation, in the delimitation of subjects of competence and authority, including in the preparation and conclusion of treaties, agreements. Article 6. The principle of non-infringement of rights and the interests of the constituent entities of the Russian Federation . THE RUSSIAN FEDERATION Article 7. " Principle of reconciling the interests of the Russian Federation and the interests of the constituent entities of the Russian Federation In the process of adopting federal laws, the laws of the constituent entities of the Russian Federation, the conclusion of contracts and agreements, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 8. The principle of voluntariness of contract formation, agreements Agreements, agreements are voluntary. Article 9. The principle of endowment of resources The question of the provision of financial, logistical and other resources required by the relevant public authorities is being addressed Implementation by the said bodies of their powers. Article 10. The principle of transparency of the conclusion of contracts, agreements Preparation and conclusion of treaties, agreements are conducted in public in accordance with the procedure established by this Federal Law. Chapter II. Representatives of the MFA of the Russian Federation to the Russian Federation Article 11. The exercise of the powers of the Russian Federation under the objects of jurisdiction of the Russian Federation is governed by federal constitutional laws and federal laws with a bearing on the subject matter of the Russian Federation. Direct action throughout the Russian Federation. Article 12. The powers of the Russian Federation and the constituent entities of the Russian Federation on joint 1. On issues under article 72, paragraph 1, of the Constitution of the Russian Federation on joint responsibility of the Russian Federation and the constituent entities of the Russian Federation The Federation publishes federal laws governing the basis (general principles) of legal regulation, including the principles of the division of powers between the federal authorities and the State authorities of the constituent entities of the Russian Federation. THE RUSSIAN FEDERATION The exercise of the powers of the federal public authorities. 2. Pending the adoption of federal laws on matters of joint responsibility, the constituent entities of the Russian Federation are entitled to exercise their own legal regulation on such matters. Following the adoption of the relevant federal law, the laws and other normative legal acts of the constituent entities of the Russian Federation are brought into conformity with the federal law. Article 13. Participation of State bodies of the constituent entities Russian Federation in the consideration of the draft federal laws by the State Duma of the Federal Assembly Shared objects 1. The draft federal laws on joint jurisdiction are in accordance with the legislative (representative) bodies of the State authorities of the constituent entities of the Russian Federation and the supreme executive bodies of the State authorities. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Draft federal laws on joint maintenance, after their submission to the State Duma of the Federal Assembly of the Russian Federation (hereinafter, the State Duma), are submitted to the legislative (representative) bodies of the State. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The Committee of the State Duma, appointed by the responsible party for the preparation of a draft federal law on joint responsibility for consideration by the State Duma, shall take account of the comments submitted in accordance with paragraph 2 of this article, shall determine their conformity with the requirements of this article and shall determine the results of the consideration by the State authorities of the constituent entities of the Russian Federation of the draft federal law. If the legislative (representative) bodies of the State authorities of the constituent entities of the Russian Federation and the supreme executive bodies of more than one third of the constituent entities of the Russian Federation are opposed to it, A conciliation commission may be set up by a decision of the State Duma to adopt the relevant draft federal law on first reading. The withdrawal of the State authorities of the constituent entity of the Russian Federation is considered positive if the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation and the supreme executive body The State authorities of the constituent entity of the Russian Federation would like to adopt the draft federal law. The withdrawal of the organs of State power of the constituent entity of the Russian Federation is considered negative if the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation and the supreme executive body The State authorities of the constituent entity of the Russian Federation will oppose the adoption of the draft federal law. In the event that the views of the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation and the supreme executive body of the constituent entity of the Russian Federation are divided, it should be considered that The opinion of the subject of the Russian Federation is not expressed. The withdrawal of the legislative (representative) body of the State authority of the constituent entity of the Russian Federation to the draft federal law on joint conduct shall be prepared by a decision of the said body. The withdrawal of the supreme executive body of the State authority of the constituent entity of the Russian Federation is signed by the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of the State authority) of the Russian Federation). The conciliation commission is entitled to take part in the work of the State Duma, the authorized representatives of the State authorities of the constituent entities of the Russian Federation and the subject of the law of the legislative initiative. draft law. The commission may be set up only in order to prepare the draft law for consideration by the State Duma in the first reading. The procedure for the establishment and operation of the conciliation commission, as well as the procedure for the subsequent consideration by the State Duma of draft federal laws on joint matters, shall be determined by the Rules of the State Duma. OF THE PRESIDENT OF THE RUSSIAN FEDERATION At the same time, the duration of the conciliation commission cannot be more than one month from the date of the decision by the State Duma to establish it. 4. The draft federal laws on joint responsibility, adopted by the State Duma in the first reading, are submitted to legislative (representative) bodies of the State authorities of the constituent entities of the Russian Federation for submission to the State Duma. The State Duma has adopted amendments to these draft laws in three days ' time. Pending the expiry of this period, the second reading is not permitted in the second reading. 5. Representatives of the legislative (representative) bodies of the State authorities of the constituent entities of the Russian Federation and the supreme executive bodies of the State authorities of the constituent entities of the Russian Federation may participate in the law. of the advisory vote in the drafting of federal laws on joint competence in committees and commissions of the State Duma and the State Duma and its committees and commissions of working groups. (Article 13 as amended by the State Duma Federal Act dated 20.05.2002 N 52 FZ CHAPTER III. PROCEDURE FOR THE CONCLUDING OBSERVATIONS AND AGREEMENTS Article 14. { \field { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Journaling The contract may be concluded: a) when the federal law expressly provides for the joint maintenance of a treaty on the subject of joint management; b) in the absence of a federal law on the subject Joint terms of reference, with the condition that the said treaty is brought into line with the federal law on this subject after the adoption of such federal law. 2. The Treaty may specify the subjects of joint jurisdiction, taking into account the political, economic, social, geographic, ethnic and other characteristics of the constituent entities of the Russian Federation. 3. The Agreement may be concluded under a federal law on joint maintenance or a contract. Article 15. The parties to the treaty are the federal authorities and authorized by the law of the respective constituent entity of the Russian Federation, the constituent entities of the Russian Federation. Article 16. The parties to the agreement are the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation. Article 17. The objects of the contract Subject matter of the contract may be: specification of the terms of reference and powers established by the Constitution of the Russian Federation and federal laws; a contract of authority; forms of interaction and cooperation in the execution of the provisions of the treaty; other matters relating to the enforcement of the provisions of the treaty. Article 18. The subject of the agreement Subject to the agreement may be: transfer of the exercise of authority; terms and order of transfer of authority; material-financial basis of transfer The implementation of part of the authority; forms of interaction and cooperation in the execution of the provisions of the agreement; other matters relating to the implementation of the provisions of the agreement. Article 19. Contract term, conventions 1. The treaty may contain provisions on the duration of the contract, the procedure for the extension of the duration of the contract and the early termination of the contract. 2. The agreement defines the terms of the agreement, the terms and conditions of its early termination. Article 20. The language of the contract, the agreement , the language of the agreement, the agreement is Russian. In case of necessity, the agreement may be drawn up and signed in Russian and in the official language of the republic, the organs of the state power of which are the parties to the treaty, the agreements. Article 21. Liability of the parties to the treaty, agreement 1. The treaty, the agreement may provide for the liability of the parties for failure or improper performance of the provisions of the treaty, the agreement. 2. The treaty, the agreement may provide for unilateral termination of the contract, agreements and the duty of compensation for damage caused by non-performance or improper performance of the contract. Article 22. The procedure for preparing a contract, agreement 1. The procedure for the preparation, preliminary consideration and approval of the draft treaties is determined by the President of the Russian Federation. 2. The federal executive authorities are required to submit their proposals and comments on the draft treaty, agreements, no later than one month. 3. The State authority of the constituent entity of the Russian Federation, which is not a party to the treaty, is entitled to receive, upon its request, the draft treaties, agreements before the approval of those projects and to make suggestions and comments in the event that According to the authority of the State authorities of the constituent entity of the Russian Federation, these agreements infringe the rights and interests of this subject of the Russian Federation. Article 23. Approve or reject the draft contract 1. The draft treaty is submitted for consideration to the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation and the Federation Council prior to its signing. 2. The draft treaty shall be submitted to the Federation Council by the President of the Russian Federation, to the legislative (representative) body of the State authority of the constituent entity of the Russian Federation-the authorized person of the constituent entity of the Russian Federation. 3. The draft treaty is considered by the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation in the order and time set by the Constitution (by statute) and by the law of the constituent entity of the Russian Federation. " The results of the consideration of the draft treaty in the legislative (representative) body of the State authority of the constituent entity of the Russian Federation shall be communicated to the authorized person of the subject of the Russian Federation. The representative of the constituent entity of the Russian Federation reports on the results of the consideration of the draft treaty in the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation to the Federation Council. 4. The draft treaty shall be considered by the Federation Council within a period of three months from the date of receipt of the communication on the results of its consideration in the legislative (representative) body of the State authority of the constituent entity of the Russian Federation. The results of the consideration of the draft treaty by the Federation Council are communicated to the President of the Russian Federation. The results of the consideration of the draft treaty in the Federation Council are taken into account when deciding on the signing of the treaty. Article 24. The approval or rejection of the draft agreement The draft agreement shall be approved or rejected by the Government of the Russian Federation no later than three months from the date of submission of the said project. Article 25. The signing of the treaty is signed by the President of the Russian Federation and the official (s) authorized by the subject of the Russian Federation to sign the treaty. Article 26. Signature of Agreement The agreement, the draft of which was approved by the Government of the Russian Federation, shall be signed by the head of the respective federal executive body and the official authorized by the subject OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 27. Changes and additions to the contract, agreement Amendments and additions to the contract, the agreement shall be entered in the manner prescribed by this Federal Law for the conclusion of the contract, the Agreement. Article 28. Publication and entry into force of the treaty, agreement 1. The Treaty, amendments and additions to the treaty shall enter into force 10 days after their official publication in full, together with the legal acts on their approval, unless the treaty establishes a different procedure for their entry into force. 2. The Agreement, amendments and additions to the Agreement shall enter into force 10 days after the date of their official publication in full, together with the legal acts on their approval, unless the agreement establishes another procedure for their entry into force. 3. Contract, agreement not applicable prior to entry into force. CHAPTER IV. CONCILIATION AND RAILING PROCESSES Article 29. Conciliation procedures 1. Disputes relating to the delineation of matters of competence and authority, the transfer of part of the exercise of authority, should be resolved by the parties concerned through negotiation and other conciliation procedures. 2. If necessary, the parties to the treaty may set up conciliation commissions. 3. In accordance with the [ [ Constitution of the Russian Federation]], the President of the Russian Federation may resort to conciliation procedures for the settlement of disputes between OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the event that an agreed decision is not reached, the President of the Russian Federation may refer the dispute to the appropriate court. Article 30. Resolution of disputes by courts 1. In the cases provided for in the Constitution of the Russian Federation, the Federal Constitutional Law on the Constitutional Court of the Russian Federation, The Constitutional Court of the Russian Federation deals with the division of responsibilities and powers, the transfer by the executive branch of the exercise of part of its powers to one another. 2. Disputes relating to the delimitation of jurisdiction and competence may be brought before the courts of general jurisdiction and arbitral tribunals in accordance with their powers. CHAPTER V. CONCLUDING PROVISIONS Article 31. Entry into force of this Federal Law This Federal Law shall enter into force one month after the date of its official publication. Article 32. The law of the Russian Federation and the legislation of the constituent entities of the Russian Federation, the treaties, and agreements shall be brought into line with this Federal Law 1. Invite the President of the Russian Federation, the Government of the Russian Federation and the federal executive authorities to bring their legal acts into conformity with this Federal Law within six months from the date of its entry into force. 2. Treaties and agreements operating in the territory of the Russian Federation prior to the entry into force of this Federal Law shall be brought into conformity with this Federal Law within three years from the date of its entry into force. 3. The constituent entities of the Russian Federation shall bring their laws and other regulatory legal acts into conformity with this Federal Law within twelve months from the date of its entry into force. 4. Laws and other regulatory acts in force in the territory of the Russian Federation prior to the entry into force of this Federal Act shall be applied in part not contrary to this Federal Act. President of the Russian Federation B. Yeltsin Moscow, Kremlin 24 June 1999 N 119-FZ