Goshulyak Vitaliy Vladimirovich, Doctor of juridical sciences, doctor of historical sciences, professor, dean of the Faculty of Law, Penza State University (40 Krasnaya street, Penza, Russia), E-mail: firstname.lastname@example.org
Background. In modern legal science, when studying various institutions of constitutional law, the authoritative opinions of the international expert community, represented by the European Commission for Democracy through Law (Venice Commission), in which the Russian Federation is among the other sixty States, have been actively attracted. The author aims to examine the constitutional institution of Russian federalism through the prism of the conclusions of the Venice Commission. This is one of the first works dealing with this problem in a complex way.
Materials and methods. Implementation of research tasks was achieved on the basis of analysis of reports and conclusions of the Venice Commission on federalism. The conclusions of the Venice Commission on constitutional legislation of the Russian Federation are subject to separate consideration. Methodological potential includes the following research methods: comparative legal, logical, institutional, formal legal, historical.
Results. The article studies the typology of Federal States developed by the Venice Commission and defines the place of the Russian Federation as a Federal state in this typology.
Summary. In the typology of the Venice Commission, the Russian Federation should be referred to constitutional federations formed on the basis of a combination of territorial and national principles. According to the constitutional and legal status of the subjects of the Federation, the Russian Federation refers to symmetrical federations with a certain degree of asymmetry, since the six types of subjects of the Federation established by the Constitution of the Russian Federation, with their formal equality, have features of their constitutional and legal status. In terms of the division of powers between Federal and regional bodies of state power, the Russian Federation is a centralized Federation. This place of the Russian Federation among the Federal States of the world fits perfectly into the General theory of federalism and does not violate its legal nature.
1. Narutto S. V. Aktual'nye problemy rossiyskogo prava [Topical issues of the Russian law]. 2017, no. 9, pp. 56–67. [In Russian]
2. Self-Determination and Secession in Constitutional law Report adopted by the Commission at its 41th meeting. Venice, 10–11 December, 1999, 14 p.
3. Shakhray S. M. O Konstitutsii: osnovnoy zakon kak instrument pravovykh i sotsial'nopoliticheskikh preobrazovaniy [On the Constitution: the main law as an instrument of legal and sociopolitical transformations]. Moscow: Nauka, 2013, 918 p. [In Russian]
4. Chirkin V. E. Gosudarstvo i pravo [State and law]. 1994, no. 8–9, pp. 150–158. [In Russian]
5. Dobrynin N. M. Novyy federalizm: modeli budushchego gosudarstvennogo ustroystva Rossiyskoy Federatsii [A new federalism: future state structure models of the Russian Federation]. Novosibirsk: Sibirskaya izdatel'skaya firma «Nauka» RAN, 2003, 468 p. [In Russian]
6. Dobrynin N. M. Federalizm: istoriko-metodologicheskie aspekty [Federalism: historical and methodological aspects]. Novosibirsk: Nauka, 2005, 367 p. [In Russian]
7. Gligich-Zolotareva M. V. Teorii i praktika federalizma: sistemnyy podkhod [The theory and practice of federalism: the systemic approach]. Novosibirsk: Nauka, 2009, 640 p. [In Russian]
8. Zinov'ev A. V. Pravovedenie [Jurisprudence]. 2002, no. 6, pp. 124–128. [In Russian]
9. Goshulyak V. V. Teoretiko-pravovye problemy konstitutsionnogo i ustavnogo zakonodatel'stva sub"ektov Rossiyskoy Federatsii [Theoretical and legal issues of the constitutional and statutory legislation of the regions of the Russian Federation]. Moscow: Yanus-K, 2000, 336 p. [In Russian]
10. Venetsianskaya komissiya: sto shagov k demokratii cherez pravo: monografiya [The Venice Commission: 100 steps towards democracy through law: monograph]. Eds. T. Ya. Khabrieva, V. I. Lafitskiy. Moscow: Statut, 2014, 255 p. [In Russian]
11. Sobranie zakonodatel'stva Rossiyskoy Federatsii [Collected laws of the Russian Federation]. 1999, no. 42, art. 5005. [In Russian]
12. Sobranie zakonodatel'stva Rossiyskoy Federatsii [Collected laws of the Russian Federation]. 2000, no. 20, art. 2112. [In Russian]
13. Vinogradov T. P. Konstitutsionnoe i munitsipal'noe pravo [Constitutional and municipal law]. 2014, no. 10, pp. 69–72. [In Russian]