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Пределы законодательных полномочий субъектов Российской Федерации и проблемы их реализации
Russia is a centralized federation. Federal legislation severely limits regional powers, and regional legislation to a large extent only implements the federal legislation. However, there are also branches of legislation in joint jurisdiction in which the federal legislator implements framework regulation, allowing the constituent entities of the Russian Federation to establish specific legal norms. The areas of jurisdiction of the constituent entities of the Russian Federation and some areas of subjects of joint jurisdiction are regulated by the constituent units of the Russian Federation independently. Purpose of this work is to determine in which branches of law the regional legislator only copies federal legislation, in which branches of law he concretizes it, and in which he carries out self-sufficient and independent legal regulation. Since the actual powers of the constituent entities of the Russian Federation cannot be ascertained only on the basis of federal legislation, the basic empirical data of this research are laws of 30 constituent entities of the Russian Federation (a total of 7089 regional laws). The sample of regions included constituent entities of all types (from republics to oblasts) and with different levels of economic development in order to get the most objective idea what is the state of Russian regional legislation. The reviewed laws were divided into three categories, according to the criterion of independence of these laws from federal legal acts. The category of model laws literally copies federal laws or implements specified powers limited by federal law (for example, the tax rate). Mixed laws are based on non-specified powers enshrined in federal law. At the same time, unique laws are adopted on issues that the federal legislator does not regulate in any way. All regional laws were also divided into groups (branches of law) and subgroups (sub-branches of law) in order to find out in which spheres of public relations constituent entities of the Russian Federation have real independent powers exactly. The study revealed that the most centralized issues are finance, land management and justice. The independent spheres of regional powers are the organization of government bodies, as well as holidays, awards and symbols. In addition, social sphere, although regulated by the federation, is also actively regulated by regional legislator. In addition, in various social, economic and political areas, laws have been adopted that emphasize the individuality of this or that constituent entity of the Russian Federation. In general, based on the analysis of the currently applicable regional legislation, it is possible to determine those areas of public life in which, despite the centralized nature of the Russian state, constituent entities of the Russian Federation exercise independent powers.