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Субконституционная модель распределения компетенции между Российской Федерацией и ее субъектами: централизация vs автономия регионов
The Constitution of the Russian Federation distributes the competence between the federal and regional levels of power only in the most general way: the constitutional level provides very abstractly formulated subjects of jurisdiction of the Federation and its constituent units, as well as some tools for the distribution of competence. Federal legislation not only reveals in detail what powers are hidden under each subject of jurisdiction, but also creates a new method of redistributing competence - delegating federal powers to the regions on the basis of federal normative acts, which is not mentioned in the Constitution of the Russian Federation. The sub-constitutional model of the distribution of competence between the Federation and its constituent units has evolved quite far compared to the model described in the Constitution of the Russian Federation, and thus requires a comprehensive scientific understanding. The goal is to determine the current sub-constitutional model of the distribution of competence between the Russian Federation and its constituent units. The tasks are: identification of the basic elements of this model; a description of its general scheme; analysis of each element of this model. The design of the study is determined by a three-tier model of differentiation of subjects of reference, the fact of the transfer of powers between bodies of different levels of government, ways of their consolidation or transfer. The study includes an analysis of 11 elements included in the competence distribution model. The authors applied formal legal, historical and statistical methods. Research results: Russia is a highly centralized federation. The subjects of jurisdiction of the Russian Federation dominate over the subjects of joint jurisdiction of the Russian Federation and its subjects. The subjects of the regions are practically absent. The practice of transferring federal powers for implementation to the bodies of the constituent entities of the Russian Federation through the adoption of a federal law, which has no constitutional basis, has received extremely active development, which actually turns these bodies into territorial divisions of federal bodies. The creation of their own regional powers is limited both due to the inaction of the majority of the subjects of the Russian Federation, and due to the reduction of areas not regulated by federal legislation.