Sovereignty in a Federal State: Theoretical and Legal Bases and Practice of Implementation in Russia

Abstract

Abstract. The article raises the issue and reveals the legal nature of state sovereignty in a federal state. Attention is drawn to the diversity of approaches to the concept and essence of sovereignty; its correlation with related categories is carried out; the concepts of unity and divisibility of state sovereignty are presented. The paper proves that sovereignty is not a quantitative, but a qualitative characteristic of a state, which is either present or not. The authors substantiate the exclusivity of state sovereignty of the Russian Federation. Based on the analysis of the doctrinal, regulatory sources and the practice of the Constitutional Court of the Russian Federation, the authors show that the principle of state sovereignty as one and indivisible throughout its entire territory is clearly defined in the domestic constitutional model. Recognition of the principle of state sovereignty of Russia presupposes a clear definition of the scope of rights that the Federation must possess in order for its state sovereignty to be ensured. The article examines the main features of the state sovereignty of Russia enshrined in the Constitution of the Russian Federation, among which there is the supremacy of federal law over the law of the subjects of the Federation; inviolability of borders and territorial integrity; unity of the economic space, fiscal, banking and monetary systems; unified army (unified Armed Forces); the right of the state to protect its sovereignty and rights of citizens. Despite the unequivocal decision in the Constitution of the Russian Federation and the Constitutional Court of the Russian Federation on the unity of state sovereignty of the Russian Federation, this fundamental principle is not completely constitutionally ensured since the idea of the sovereignty of the republics as components of Russia continues to retain its potential threat to Russian federalism, taking into account the provisions of Art. 73 of the Constitution of the Russian Federation, providing for the fullness of state power of the constituent entities of the Russian Federation.