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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102060521

Expired-the Federal law dated 07.04.2003 N 95-FZ of the RUSSIAN FEDERATION federal law on 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 adopted by the State Duma June 4, 1999 year approved by the Federation Council of the year June 9, 1999 (as amended by federal law from 20.05.2002 N 52-FZ) Chapter i. General provisions article 1. Scope of the present Federal Act this federal law establishes the procedure for the adoption of the federal laws on the matters of joint competence of the Russian Federation and constituent entities of the Russian Federation, as well as the basic principles and procedure for the delineation of jurisdiction and authority at the conclusion of agreements between the State bodies of the Russian Federation and State Government bodies of constituent entities of the Russian Federation on the delimitation of jurisdiction and powers, agreements between the federal authorities and executive authorities of the constituent entities of the Russian Federation on the transfer of implementation to each other some of their powers.
Article 2. The basic concepts used for the purposes of this federal law 1. The subject matter jurisdiction of the Russian Federation-public relations sphere, regulation which is related by the Constitution of the Russian Federation exclusively within the competence of the Russian Federation.
2. subject of the joint competence of the Russian Federation and constituent entities of the Russian Federation (hereinafter referred to as the subject of a joint reference)-public relations sphere, regulation which is related by the Constitution of the Russian Federation and to the competence of the Russian Federation, and the competence of constituent entities of the Russian Federation.
3. the subject of the reference, the subject of the Russian Federation-public relations sphere, regulation which is related by the Constitution of the Russian Federation to the competence of constituent entities of the Russian Federation.
4. the competence of the public authority-the set of powers of public authority on the subjects of reference established by the Constitution of the Russian Federation and adopted in accordance with the Constitution of the Russian Federation, constitutions (charters) of subjects of the Russian Federation.
5. the powers of a public authority the rights and duties of a public authority in relation to the adoption of legal acts, as well as the implementation of other public authority action.
6. the contract between the State bodies of the Russian Federation and State Government bodies of constituent entities of the Russian Federation on the delimitation of jurisdiction and authority (hereinafter-the agreement) legal form of the delimitation of jurisdiction and powers between the State bodies of the Russian Federation and State Government bodies of constituent entities of the Russian Federation.
7. the agreement between the federal authorities and executive authorities of the constituent entities of the Russian Federation concerning the transfer of part of the Authority (hereinafter-the agreement) legal form of the transfer of federal executive authorities and executive authorities of the constituent entities of the Russian Federation each other part of their powers.
8. Authorized person the subject of the Russian Federation-a person who is authorized by the Constitution (the Charter) or other normative legal acts of the Russian Federation represent the constituent entity of the Russian Federation.
Article 3. The principle of the constitutionality of the 1. Federal constitutional laws and federal laws, as well as the Constitution, statutes, laws and other normative legal acts of the constituent entities of the Russian Federation, treaties, agreements may not transfer, delete or otherwise redistribute established the Constitution of the Russian Federation subjects jurisdiction of the Russian Federation, subjects of joint jurisdiction.
2. Cannot be adopted federal laws, as well as the Constitution, statutes, laws and other normative legal acts of the constituent entities of the Russian Federation, concluded treaties, agreements, if the adoption of the said acts (imprisonment) alters the constitutional-legal status of a subject of the Russian Federation, denial or loss established by the Constitution of the Russian Federation for human and civil rights and freedoms, the violation of State integrity of the Russian Federation and of the unity of the system of State power in the Russian Federation.
Article 4. The principle of the supremacy of the Constitution of the Russian Federation and federal laws in the event of any inconsistency between the provisions of treaties and agreements and the Constitution of the Russian Federation, federal constitutional laws and federal laws on the matters of jurisdiction of the Russian Federation and the matters of joint competence, the provisions of the Constitution of the Russian Federation, federal constitutional laws and federal laws.
Article 5. The principle of the equality of the constituent entities of the Russian Federation to the delimitation of jurisdiction and powers All the constituent entities of the Russian Federation have equal rights in relations with State authorities of the Russian Federation to the delimitation of jurisdiction and powers, including the preparation and conclusion of agreements.

Article 6. The principle of the inadmissibility of the infringement of the rights and interests of the constituent entities of the Russian Federation to the delimitation of jurisdiction and powers in respect of one of the constituent entities of the Russian Federation is inadmissible infringement of the rights and interests of other constituent entities of the Russian Federation.
Article 7. The principle of harmonizing the interests of the Russian Federation and constituent entities of the Russian Federation's interests in the process of the adoption of the federal laws, the laws of the constituent entities of the Russian Federation, the conclusion of contracts, agreements, harmonization of interests of the Russian Federation and constituent entities of the Russian Federation's interests is effected in the manner prescribed by this federal law, other federal laws and other regulatory legal acts of the Russian Federation.
Article 8. The principle of voluntariness of the conclusion of contracts, agreements, contracts, agreements, is carried out on a voluntary basis.
Article 9. The principle of sustainability In the delimitation of jurisdiction and powers is solved the question of the appropriate State authorities in financial, logistical and other resources necessary for the performance of specified bodies of their powers.
Article 10. The principle of transparency of contracts, agreements, the preparation and conclusion of contracts, agreements are carried out transparently in the manner prescribed by this federal law.
CHAPTER II. About forms IMPLEMENTING POWERS UNDER jurisdiction of the Russian Federation and SUBJECTS of the ORDER of ADOPTION of the FEDERAL LAWS on the MATTERS of JOINT COMPETENCE of the RUSSIAN FEDERATION and CONSTITUENT ENTITIES of the RUSSIAN FEDERATION, article 11. Forms of realization of powers jurisdiction of the Russian Federation on the issues of legal regulation on the jurisdiction of the Russian Federation subjects is carried out by federal constitutional laws and federal laws that have a direct effect on the entire territory of the Russian Federation.
Article 12. Powers of the Russian Federation and constituent entities of the Russian Federation on the matters of joint competence 1. On matters placed part of 1 article 72 of the Constitution of the Russian Federation to the matters of joint competence of the Russian Federation and constituent entities of the Russian Federation, federal laws, define the basics (General principles) of legal regulation, including the principles of separation of powers between the federal bodies of State power and bodies of State power of the constituent entities of the Russian Federation, as well as federal laws aimed at realization of the powers of the federal authorities.
2. before the adoption of the federal laws on the matters related to the matters of joint competence, the subjects of the Russian Federation shall have the right to carry out its own on such matters, legal regulation. After the adoption of the relevant federal law laws and other normative legal acts of the constituent entities of the Russian Federation are in conformity with the Federal law.
Article 13. The participation of bodies of State power of constituent entities of the Russian Federation in addressing the State Duma of the Federal Assembly of the Russian Federation draft federal laws on the matters of joint competence 1. Projects of federal laws on the matters of joint competence shall be agreed with the legislative (representative) bodies of State power of the constituent entities of the Russian Federation and the Supreme executive bodies of State power of the constituent entities of the Russian Federation in the manner prescribed by this article.
2. Drafts of federal laws on the matters of joint competence after they have been submitted to the State Duma of the Federal Assembly of the Russian Federation (hereinafter referred to as the State Duma) sent to legislative (representative) organs of State power of the constituent entities of the Russian Federation and the Supreme executive authorities of the constituent entities of the Russian Federation for presenting to the State Duma within 30 days, comments on these bills.
3. the Committee of the State Duma, appointed responsible for the preparation of the draft federal law on the subject of joint competence for consideration by the State Duma, maintains records submitted in accordance with paragraph 2 of this article reviews, determines that the requirements of this article, and sets forth the results of the review of State authorities of the constituent entities of the Russian Federation draft federal law.
If the legislative (representative) organs of State power of the constituent entities of the Russian Federation and the Supreme executive authorities more than one-third of the constituent entities of the Russian Federation will vote against enactment of the draft federal law on first reading, by a decision of the State Duma of the Conciliation Commission may be established.
Review of bodies of State power of constituent entities of the Russian Federation is considered positive if the legislative (representative) body of State power of constituent entities of the Russian Federation and the Supreme executive organ of State power of constituent entities of the Russian Federation will vote in favour of the draft of the Federal law.

Review of bodies of State power of constituent entities of the Russian Federation is considered to be negative if the legislative (representative) body of State power of constituent entities of the Russian Federation and the Supreme executive organ of State power of constituent entities of the Russian Federation will vote against the adoption of the draft federal law.
If the views of the legislative (representative) body of State power of constituent entities of the Russian Federation and the Supreme executive body of State power of the constituent entities of the Russian Federation, it should be assumed that the opinion of a constituent entity of the Russian Federation is not expressed.
Review of the legislative (representative) body of State power of constituent entities of the Russian Federation on the draft federal law on the matters of joint competence shall be issued by Decree of the body.
Review the Supreme executive body of State power of the constituent entities of the Russian Federation shall be signed by the highest official of a constituent entity of the Russian Federation (the head of the Supreme executive body of State power of the constituent entities of the Russian Federation).
In the work of the Conciliation Commission shall have the right to participate the deputies of the State Duma, authorized representatives of the organs of State power of constituent entities of the Russian Federation and the subject of the right of legislative initiative, sponsoring a Bill. The Commission can only be established in order to prepare the Bill for consideration by the State Duma in the first reading.
The establishment and operation of the Conciliation Commission, as well as the procedure for subsequent consideration by the State Duma of the draft federal laws on the matters of joint competence is determined by the rules of the State Duma of the Federal Assembly of the Russian Federation. When the duration of a Conciliation Commission may not be more than one month from the date of adoption of the decision by the State Duma on its establishment.
4. Drafts of federal laws on the matters of joint competence, adopted by the State Duma in the first reading are sent to legislative (representative) organs of State power of the constituent entities of the Russian Federation for presenting to the State Duma within 30 days of the amendments to the Bills. Before the expiry of that period the consideration of these bills on second reading is not allowed.
5. Authorized representatives of legislative (representative) organs of State power of the constituent entities of the Russian Federation and the highest executive bodies of State power of the constituent entities of the Russian Federation may participate in a consultative capacity in the work on the projects of federal laws on the matters of joint competence of the committees and commissions of the State Duma and the State Duma and its committees and commissions working groups. (Article 13 as amended by federal law from 20.05.2002 N 52-FZ), chap. III. PROCEDURE of CONCLUSION of treaties and agreements Article 14. Limits of delineation of jurisdiction and authority 1. A contract may be concluded: (a)) with the direct indication of the Federal law on the subject of joint competence on the validity of a Treaty on the subject of joint competence;
b) in the absence of federal law on the subject of joint competence-with condition bring the Treaty into line with the Federal law on the subject of joint competence after the adoption of a federal law.
2. the agreement may specify the subjects of joint jurisdiction, taking into account the political, economic, social, geographical, ethnic and other particularities of the constituent entities of the Russian Federation.
3. the agreement may be concluded on the basis of the Federal law on the matters of joint competence or treaty.
Article 15. The parties to the contract by the parties to the contract are the Federal and State authorities authorized by law the relevant constituent entity of the Russian Federation, the State authorities of the constituent entities of the Russian Federation.
Article 16. The parties to the agreement by the parties to the agreement are the federal executive authorities and executive authorities of the constituent entities of the Russian Federation.
Article 17. Subject matter of the contract Items can be: the concretization of jurisdiction and authority, as established by the Constitution of the Russian Federation and federal laws;
the conditions and procedure for implementing the Treaty delineated powers;
forms of interaction and cooperation in the execution of the provisions of the Treaty;
other issues related to the enforcement of the provisions of the Treaty.
Article 18. Items of agreement Items: transfer agreement may be part of the authority;
the conditions and procedure for the transfer of part of the authority;
material and financial basis transfer part of the authority;
forms of interaction and cooperation in the execution of the provisions of the agreement;
other issues related to the enforcement of the provisions of the agreement.
Article 19. Duration of the contract, the agreement 1. The contract may contain provisions on the duration of the contract, order the extension of the Treaty, as well as his early termination.

2. the agreement defines the terms of the agreement, the conditions and procedure for its early termination.
Article 20. The language of the Treaty or agreement, the language of the Treaty, the agreement is the Russian language. If necessary, contract agreement can be drawn up and signed in Russian and in the official language of the Republic, the public authorities which are party to the contract agreement.
Article 21. Responsibility of the parties to the Treaty, the agreement 1. Agreement, the agreement may provide for liability for nonperformance or improper performance of the provisions of the Treaty agreement.
2. the agreement, the agreement may provide for unilateral termination of contract, agreement and the duty of compensation for damage caused by the nonperformance or improper performance of the contract or agreement.
Article 22. Procedure for the preparation of the Treaty of the agreement 1. How to prepare, prior review and harmonization of the draft Treaty, the agreement shall be determined by the President of the Russian Federation.
2. Federal bodies of executive power not later than in a month are required to submit their proposals and comments on the draft of the Treaty agreement.
3. Body of State power of constituent entities of the Russian Federation, which is not a party to the contract, agreement, is entitled to obtain, at its request, the draft treaty agreement before approving these projects and make suggestions and comments if, in the opinion of the organ of State power of constituent entities of the Russian Federation, data contract, the agreement infringes the rights and interests of the constituent entities of the Russian Federation.
Article 23. Approve or reject a draft Treaty 1. The draft Treaty before it is signed by the President of the Russian Federation shall be forwarded for consideration by the legislative (representative) body of State power of constituent entities of the Russian Federation and the Council of the Federation.
2. The draft Treaty is submitted to the Federation Council, President of the Russian Federation in the legislative (representative) body of State power of constituent entities of the Russian Federation-by an authorized person of the subject of the Russian Federation.
3. The draft Treaty is dealt with in the legislative (representative) body of State power of constituent entities of the Russian Federation in order and period stipulated in the Constitution (the Charter) and (or) the law of the Russian Federation.
On the results of consideration of the draft Treaty in the legislative (representative) body of State power of constituent entities of the Russian Federation reportedly authorized person the subject of the Russian Federation. Authorized person the subject of the Russian Federation reported on the results of consideration of the draft Treaty in the legislative (representative) body of State power of constituent entities of the Russian Federation to the Council of Federation.
4. The draft Treaty discussed in the Federation Council within three months from the date of receipt of the communication of the results of its consideration in the legislative (representative) body of State power of constituent entities of the Russian Federation. On the results of consideration of the draft Treaty in the Federation Council reported to the President of the Russian Federation.
The results of the review of the draft Treaty in the Federation Council are taken into account when deciding on the signing of the Treaty.
Article 24. Approve or reject the draft agreement draft agreement approved or rejected by the Government of the Russian Federation not later than within three months from the date of submission of that draft.
Article 25. The signing of the Treaty is to be signed by the President of the Russian Federation and an official (officials) authorized (authorized) subject of the Russian Federation on the signing of the Treaty.
Article 26. The signing of the agreement the agreement, a draft of which was approved by the Government of the Russian Federation, shall be signed by the head of the appropriate federal body of executive power and official authorized subject of the Russian Federation to sign the agreement.
Article 27. Changes and additions to the agreement amendments and additions to the agreement, the agreement shall be made in the manner prescribed by this federal law, for the conclusion of a contract agreement.
Article 28. Publication and entry into force of the Treaty of the agreement 1. Contract amendments and additions to the contract shall come into force ten days after their official publication in full together with the legal acts of the General of their approval unless another procedure for their entry into force.
2. the agreement, changes and additions to this Agreement shall come into force ten days after their official publication in full together with the legal acts of their approval, if the agreement is changed to a different order of their entry into force.
3. the agreement shall not be in effect prior to their entry into force.
CHAPTER IV. CONCILIATION and dispute resolution Article 29. Conciliation 1. Disputes relating to the delimitation of jurisdiction and authority, the transfer of part of the authority, should be resolved by the parties concerned through negotiations and other conciliation procedures.

2. If necessary, the parties to the contract, the agreement can create conciliation commissions.
3. in accordance with the Constitution of the Russian Federation, the President of the Russian Federation can use conciliation to resolve disputes between the State bodies of the Russian Federation and State Government bodies of constituent entities of the Russian Federation on issues related to the delimitation of jurisdiction and authority, part of the transfer of authority. If no agreed solution, the President of the Russian Federation may refer the dispute to the appropriate court.
Article 30. Settlement of disputes by the courts 1. In the cases provided for by the Constitution of the Russian Federation, Federal Constitutional law "on the Constitutional Court of the Russian Federation", disputes relating to the delimitation of jurisdiction and authority, transfer of executive power bodies each other implementation of some of their powers are dealt with by the Constitutional Court of the Russian Federation.
2. Disputes relating to the delimitation of jurisdiction and authority, may be brought before the courts of general jurisdiction and arbitration courts in accordance with their authority.
Chapter V final provisions Article 31. The entry into force of this federal law this federal law shall enter into force on the expiry of one month from the day of its official publication.
Article 32. Legislation of the Russian Federation and constituent entities of the Russian Federation legislation, treaties, agreements in accordance with this federal law 1. The President of the Russian Federation, the Government of the Russian Federation, federal bodies of executive power to bring their legal acts in compliance with this federal law within six months from the date of its entry into force.
2. Treaties and agreements in force in the territory of the Russian Federation prior to the entry into force of this federal law, shall be harmonized with this Federal Act within three years from the date of its entry into force.
3. Subjects of the Russian Federation to bring its laws and other regulatory legal acts in accordance with this federal law within twelve months from the date of its entry into force.
4. laws and other regulatory legal acts acting on the territory of the Russian Federation prior to the entry into force of this federal law shall be applied if they do not contradict this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow June 24, 1999 N 119-FZ