The Character of Joining Federal Territories Within the Territory of the Russian Federation: Current Trends in Legislative Policy

Abstract

One of the most controversial problems of modern Russian constitutional construction is the issue of whether the federal territories are directly part of the territory of Russia or they should be an integral part of the territory of a subject of the Russian Federation. The Constitution of the Russian Federation does not give an unambiguous answer to the issue posed, allowing a double interpretation of the provisions of Part 1 of Article 67. The federal laws also do not directly respond to the issue on the character of joining the federal territories within the territory of the Russian Federation. The author notes that comprehensive law on the organization of public power in the federal territories has not been enacted in Russia and the tendency for the development of legislation is aimed at enacting a separate federal law for an individual federal territory. The provisions of the Federal Law «On the Federal Territory “Sirius”» are formulated in such a way as to answer the question about its joining or non-joining within the territory of the Krasnodar Territory was impossible. At the same time, the foundations of the organization of public power in Russia are being revised. The Federal Law «On General Principles for the Organization of Public Power in Constituent Entities of the Russian Federation» contains rules implying joining federal territories into the territory of a constituent entity of the Russian Federation along with administrative centers (capitals) of constituent entities of the Russian Federation, closed administrative territorial entities and other territorial units with a special status. Thus, the author concludes that the current legislative policy is aimed at creating the federal territories within the borders of the constituent entities of the Russian Federation, which can neutralize the very idea of creating federal territories in Russia.