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Реферат Modern constitutionalism and the state Israel





f it is necessary - to press on it, to subordinate him to the interests while the person does not have enough such opportunities. In this sense in mutual relations of the state and the person the element of subordination is inevitable as the state should be the of power, and the person is barrier the one freedom. The law should counterbalance them under the law including the state [3] as all should be equal.of relations between the person and the state should be based on the principles of their mutual responsibility and trust, balance of will and interests. The intermediary and the judge for them should be the law and both sides are obliged to submit present in legal policy of the Russian Federation can be specified the idea of ??recognizing, that the power, the law, legality should become really capable, effective.structured character of the Russian Federation as the state of federal type staticizes the problem of law-making in its subjects and the organs of local self-management. Definition of frameworks regional law-making in the doctrine is associated with the statement, on the one hand, about unity of law-making in Russia, on the other - isolation of it in each of subjects of Federation.volume and limits of law-making in the subjects of Federation are limited with the principles of the federal structure, and differentiation of the subjects of conducting and powers between the organs of the government in the Federation and the organs of the government of the subjects, fixed in the Constitution of the Russian Federation (Articles 5, 71-73, 76) .Constitution of the Russian Federation of +1993 has divided the subjects of conducting on exclusive conducting of the Federation (Article71), joint conducting (Article 72) and exclusive conducting subjects of the Russian Federation. However, the borders of the subjects of conducting of the Russian Federation and its subjects are submitted in the fundamental law insufficiently precisely. So there is no problem with the definition of the subjects of exclusive conducting of the Federation and the corresponding powers. However, there are numerous questions with designation of the limits of joint conducting .nature of the category of joint conducting does not any more assume that the subject of the Federation is the independent and sovereign state source of formation of the regional right and its system., it is necessary to take into account that fact, that the federal laws in the sphere of joint conducting ( Water, Family, Land codes, etc.) practically reduce their own conducting subjects of the Russian Federation in these spheres to zero.spite of the fact that the norms of the legislation adopted at the federal level are considered working on the subjects of the Federation, inherently, they have the federal nature and consequently it is not obviously possible to consider them the lawful the factor of law-making of the subjects of the Russian Federation.is possible to note the high degree of insufficiency in definition of the number of the subjects of joint conducting in the current Constitution of the Russian Federation: not all spheres objectively requiring recognition as subjects of joint conducting, are designated in it., designation of some questions in the list of the number of the subjects of conducting of the Russian Federation and the subjects of joint conducting takes place.the specific features distinguishing the Russian constitutional model of differentiation of the subjects of conducting from others, existing in the world, is the refusal of legal formalization of the list of subjects of exclusive conducting of the subjects of the Russian Federation.similar lacks arise not because of inability of division of the state power, and owing to imperfection of the legal proceedings applied during differentiation., legal registration of the current Constitution of the Russian Federation requires perfection as blanks of regulation and contradiction in application of the legal categories concerning definition of the number of the subjects of conducting, generate problems in the current, federal, and regional law-making, called to provide legally realization of the constitutional fundamentals of differentiation of the subjects of conducting between the Federation and its subjects.juridical literature of last years there is more often approved that in the Russian Federation the process of institutionalization of the subjects of the Federation and their powers at the level of the federal legislation comes to an end which is the precondition for formation of harmonious system of the legislation of the Russian Federation and the basis of lawful activity of legislators of the regional level., it is necessary to recognize, that the major legal means of maintenance of realization of full volume of the government in the differentiation of the subjects of conducting will be the constitutional regulation of legal forms of regulation in the subject...


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