The Powers of the Federal Territory “Sirius” Public Authorities

Author:

Praskova Svetlana1ORCID

Affiliation:

1. Baikal State University

Abstract

In the article the author seeks to assess the total scope of powers of the public authorities of the federal territory «Sirius» which is created for the first time in the Russian Federation. She notes that such an authorities are state bodies, but its nature must be assessed in context of the total scope of powers which are assigned to them by the legislation. As a base of consideration of the powers of the public authorities of the federal territory «Sirius» the author suggests to divide them into three types: own, delegated and willingly accepted. The author believes that the powers of the federal territory bodies should be examined in comparison to the similar types of the powers of the Russian Federation subjects' state bodies or of the powers of local authorities. On the basis of such an approach the article 8 of the Federal law "On the federal territory ‛Sirius'" is analyzed which provides for the fundamentals of the competence of the federal territory public authorities. It is noted that the own powers of the federal territory public authorities comprise the full scope of powers of the local authorities of the city area, as well as the considerable part of the powers of the Russian Federation subjects' state bodies in the fi eld of the joint competence of the Russian Federation and its subjects, and also the powers of the organizational nature. The delegated powers may comprise the powers of the Russian Federation bodies and the Krasnodarsky Kray bodies. The public authorities of the federal territory "Sirius" possess also all the rights to participate in realization of the rest of powers which belong to the Russian Federation subjects' state bodies or local authorities of the city area, and in addition possess the rights introduced by the legal regulation features of the relations in the federal territory. The conclusion notes that such a competence does not only combines the powers of diff erent authorities, but also indicates the denial of the separation of powers.

Publisher

Baikal State University

Reference11 articles.

1. Kolesnikov A.V. Eclecticism in the Administration of the Sirius Federal Territory: Public Authorities, Positions in the Government, Municipal Property and Taxes. Munitsipal›noe imushchestvo: ekonomika, pravo, upravlenie = Municipal property: economics, law, management, 2021, no. 4, pp. 27–31. (In Russian). DOI 10.18572/2072-4314-2021-4-27-31.

2. Ezhukova O.A. Territories with a Special Public and Legal Status as a Factor of the Russian Federal Policy. Konstitutsionnoe i munitsipalnoe pravo = Constitutional and Municipal Law, 2012, no. 3, pp. 36–45. (In Russian). DOI: 10.18572/1812-3767-2021-3-36-45.

3. Kovtun O.A., Tereshchenko N.D., Shapiro I.V. On the Issue of the Status of Public Authorities of the Federal Territory «Sirius». Gumanitarnye, sotsial’no-ekonomicheskie i obshchestvennye nauki = Humanities, social-economic and social sciences, 2021, no. 11-2, pp. 66–69. (In Russian). DOI: 10.23672/n1449-8573-1312-k.

4. Chervonyuk V.I., Kalinsky I.V. Federal Territories: Constitutional Amendment and Constitutional Reality. Mezhdunarodnyi zhurnal konstitutsionnogo i gosudarstvennogo prava = International Journal of Constitutional and State Law, 2021, no. 2, pp. 180–186. (In Russian).

5. Byalkina T.M. Organization of Public Power in the Federal Territories (on the Example of the Federal Territory “Sirius”). Konstitutsionalizm i gosudarstvovedenie = Constitutionalism and state studies, 2021, no. 3, pp. 11–16. (In Russian).

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