"Law and Security", the journal

Issue 1 (10), March 2004

Responsibility of the Russian Federation Entity for Safety, Unity and Territorial Integrity of Russia

V.N.Savin, Deputy of Moscow Region Duma, Candidate of Sciences in Law

Development of democratic principles of public government with regard to governmental bodies and officials is inconceivable without their responsible attitude to the issues of maintaining and strengthening of unity and territorial integrity of the Russian Federation.

In July 2000 the RF President V.V. Putin stressed: "Today in territorial entities a governmental body of an official may evade execution of decision of a court which claimed a law or other statutory act unconstitutional of contradicting to federal law. It may continue to apply the acts which were claimed invalid by the court. And this is out life practice more often than not. Such humiliation of Russian court as one of Federal Powers acting on the grounds of Constitutions is intolerable. Federal Power, the President of Russia must have a legal opportunity to establish order here ".1

Partly the problem of legislatorial fixing of legal responsibility of governmental bodies and officials of RF entities for illegally made decisions is solved through coming into effect of Federal Law of 06.10.99 No 184-ÔÇ "About general principles of organization of legislative (representative) and executive governmental bodies of entities of the Russian Federation" (here FL No 184)2.

Having named the principle of supremacy of RF Constitution and federal laws on the whole territory of the Russian Federation as one of the principles of activities of governmental bodies in Art. 1 of FL No 184, the law determines the mechanism of ensuring of conformity of constitutional instruments (charters), laws and legal acts of RF entity to RF Constitution and federal laws in the Section 5 of FL No 184 devoted to ensuring of legality of the activity of legislative (representative) governmental body of RF entity, supreme official of RF entity (head of supreme executive governmental body of RF entity).

Establishment of fact of adoption of statutory act and other acts contradicting to RF Constitution, federal laws, constitutional instruments (charters) and laws of RF entities by a legislative (representative) governmental body of RF entity, supreme official of RF entity (head of supreme executive governmental body of RF entity ) is attributed to the competence of respective courts (RF Constitutional Court, system of courts of general jurisdiction headed by the RF Supreme Court which includes not only it but Supreme Courts of republics, territorial and district courts, courts of cities of federal importance, courts of autonomous district, courts of autonomous district and autonomous districts, system of arbitration courts headed by the RF Supreme Arbitration Court which includes federal arbitration courts of districts and arbitration courts of RF entities). Constitutional (Charter) Courts of RF entities may establish facts of inconsistency of statutory and other acts adopted and issued in RF entities by governmental bodies and officials with constitutional instruments (charters) of RF entities within their jurisdiction.

Liability of legislative (representative) governmental body of RF entity is envisaged to be in the form of early termination of authorities thereof. So Clause 2, Art. 3 of FL No 184 determines that supreme official of RF entity ( head of supreme executive government body of RF entity) is entitled to make decision about early termination of authorities of legislative (representative) body in case such a body adopts a constitutional instrument (charter) and law of RF entity, other statutory act which is inconsistent with RF Constitution, federal laws adopted with regard to matters of RF competence and matters of joint competence of RF and RF entities, constitutional instrument (charter) of RF entity if such inconsistency is found by due court, and legislative (representative) governmental body of RF entity does not eliminate it within 6 months from the date when the court decision becomes effective.

Article 19 of FL No 184 entitles a legislative (representative) governmental body of RF entity to impeach credibility to the supreme official of RF entity (head of supreme executive governmental body of RF entity) in case he or she issues acts inconsistent with RF Constitution, federal laws, constitutional instrument (charter) and laws of RF entity if such inconsistency is found by due court, and supreme official of RF entity (head of supreme executive governmental body of RF entity) does not eliminate it within 6 months from the date when the court decision becomes effective.

Thus the legislator separated the authorities of officials and governmental bodies of RF entity and judicial power with regard to the issue of determination of grounds of judicial liability attachment and definite realization of measures of the liability in the form of termination of the authorities of both the legislative (representative) governmental body of RF entity and supreme official (head of supreme executive governmental body) of RF entity.

However a question remained open about how to force both branches of governmental power of RF entity in case they do not take measures in order to eliminate offences of federal law, Charter and laws of RF entity within the terms established by law or respective court, if the branches deliberately do not use the law-granted right of dissolution of, respectively, legislative (representative) governmental body of RF entity or impeachment of credibility of supreme official of RF entity (head of supreme executive governmental body of RF entity).

The problem was resolved in federal law "About amendment and supplement of Federal Law "About general principles of organization of legislative (representative) and executive governmental bodies of entities of the Russian Federation"" which became valid in February 2001. For the first time after adoption of RF Constitution (1993) the present law introduced a legal norm by its Article 3.1. in accordance therewith RF governmental bodies bear responsibility for violation of RF Constitution, federal constitutional law and federal laws.

The said article obliges governmental bodies of RF entities to ensure compliance of adopted (being adopted) constitutions and laws of republics, charters, laws and other statutory acts of territories, districts, cities of federal importance, autonomous regions, autonomous districts and the implemented activity with RF Constitution, federal constitutional laws and federal laws. The second part of the article establishes that they bear responsibility in case they adopt statutory acts conflicting with RF Constitution, federal constitutional laws, federal laws if the acts result in numerous and gross violations of rights and freedoms of humans and citizens, threat to unity and territorial integrity of the Russian Federation, national security of the Russian Federation and its defensive capacity, unity of legal and economic space of the Russian Federation.

According to the meaning and content of the legal norm, the attachment of liability of governmental bodies is bound not only to the facts of their violations of federal law, but to the consequences of the violations which resulted in gross violations of rights and freedoms of humans and citizens, threat to unity and territorial integrity of the Russian Federation, national security of the Russian Federation and its defensive capacity, unity of legal and economic space of Russia.

In case a proper court finds the said violations and the legislative (representative) governmental body of RF entity does not take certain measures with regard to elimination of the found violations within due terms, the RF President submits a draft of federal law about its dissolution to RF State Duma.

If the supreme official (head of supreme executive governmental body) of RF entity within due terms does not take certain measures with regard to elimination of the found by court violations of RF Constitution, federal constitutional and federal laws in statutory and other acts adopted thereby, the RF President may make a decision about the official's dismissal.

Availability of the legal norms is undoubtedly of great importance for the process of growth of liability of governmental authorities of RF entities with regard to strengthening of unity and territorial integrity of the state.

However one cannot but pay attention to some vagueness in practical implementation of the legal norms.

First, the question of "who may initiate introduction of motions to the RF President concerning calling to account governmental bodies of a RF entity for the violations determined by the present law" still remains vague.

It would be expedient to determine that RF Government, RF General Prosecutor, RF President Administration or the RF President' s plenipotentiary in the federal district may act as initiators in this matter. In this way the second goal would be achieved- to increase liability of federal governmental bodies with regard to maintaining of RF unity and territorial integrity.

Second, lack of clarity of "who and when is entitled or shall appeal to a proper degree of jurisdiction with claim, statement or other address about the fact that a statutory-legal act of a RF entity fully or partly contradicts to RF Constitution or federal legislation" constitutes a logical gap.

Who, in what way and form is entitled or shall give evidence of the fact that some federal law violations resulted in mass and gross breaches of human and citizen's rights and freedoms, threat to RF unity, territorial integrity and defense capability, unity of legal and economic space? If to proceed from general constitutional norm, any subject of law may appeal to court with a complaint concerning breach of RF Constitution and federal legislation. Moreover, public prosecutor's authorities is entrusted with responsibility to control legality of activity of a legislative (representative) governmental body of RF entity. In case infringements are found, Public Prosecutor is entitled to appeal to court.

All the above is true, but the law would only benefit if rendered concrete.

If Clause 4, Article 29-1 FL No 184 more clearly defines that on the grounds of motivated representation by General Prosecutor the RF President is entitled to temporarily dismiss a supreme official of RF entity (head of supreme executive governmental body of RF entity) from his/her post in case the said official is charged to be guilty in grave or specially grave offence, then in the rest of the situations it remains vague who is entitled of shall initiate offer to the RF President concerning calling to account of supreme official of RF entity (head of supreme executive governmental body of RF entity).

In spite of imperfection and a lot of gaps in certain provisions of Federal Law "About amendment and supplement of Federal Law "About general principles of organization of legislative (representative) and executive governmental bodies of entities of the Russian Federation"", its adoption significantly promoted and legally fixed the idea of increase of responsibility of bodies and officials of RF entities with regard to strengthening of RF unity and territorial integrity, maintaining of unitary economic space in Russia, observance of human and citizen's rights and freedoms.

The RF President's Decree of 13.05.00 No 849 "About plenipotentiary of the President of the Russian Federation in a federal district" (with amendments and supplements in wording of the RF President Decree of 21.06.00 No 1149), in conformity with which the institution of the RF President's plenipotentiary representation in RF regions is transferred into the institution of the RF President's plenipotentiaries in 8 created federal districts, is a serious step in the process of support of the RF President's implementation of his constitutional authorities, growth of efficiency of federal governmental bodies' activity and improving of system of control of their decisions' realization.

The decree approves the provision about the RF President's plenipotentiary in a federal district whose one of the major task is to organize control over realization of decisions of federal governmental bodies in the district: federal laws, decrees and instructions by the RF President, resolutions and orders of the RF Governments; as well as over realization of federal programs.

Today it is quite clear that steps taken by the RF Presidents in order to strengthen the hierarchy of executive power and increase responsibility of governmental bodies of RF entities with regard to maintaining of unity and territorial integrity give positive results: gradually legislation of RF entities is brought to conformity with federal laws; we understand that Russia- is a united state consisting of 89 RF entities, each of them representing just a constituent of Russia.

From the moment when FL No 184 became effective, legislative governmental bodies of RF entities became actively participate in execution of the said law in terms of bringing of constitutions of republics and charters of territories, regions, autonomous regions, autonomous districts and cities of federal importance to conformity with RF Constitutions and federal laws. It will be illustrative enough to say that within 1999-2003 they adopted about 300 laws and other statutory legal acts concerning proper amendments and supplements. A number of republics adopted new wordings of constitutions: the Komi Republic, the Tatarstan Republic, the Chuvash Republic, the Republic of Tyva, the Chechen Republic etc. New wordings of charters are adopted in Stavropol and Khabarovsk territory, Leningrad, Pskov, Voronezh, Vladimir regions and other RF entities.

New ideals, values and goals appear in the thinking of many people. They understand that disagreement, division of power and property, opposition of interests of state in general and its components is a deadlock. However, urge towards unity, integrity, strength of out country must not be only a descending trend from RF President and other federal structures, but up-going-from the citizens, their groups, municipal units, federal entities, federal districts.

Savin Vladimir Nikolaevich. Deputy of Moscow Region Duma from 1993. Deputy Head of Committee on Budget, Finance and Tax Policy, member of Committee on Status, Regulation and Deputy's Ethics. Candidate of Sciences in Law.

Notes:

1. Statement of V.V. Putin while presentation of annual Address of the RF President to the RF Federal Assembly "It is impossible to solve a single national problem without strengthening of the state"// Parlamentskaya gazeta. 2000, 11 July.

2. Federal law of 06.10.99 No 184 -ÔÇ "About general principles of organization of legislative (representative) and executive government bodies of entities of the Russian Federation" (with amendments of 29.07.00., 08.02.02, 07.05.02, 24.07.02, 11.12.02, 04.07.03).

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