*119921*

Jurisprudence / / Constitutional Law

Dr. law. sc., Professor MF Malikov

Bashkir Institute of Social Technologies (Branch)

PMO VPO "Academy of Labor and Social Relations"

A dual concept of regional RIGHTS

This article examines the dual concept of regional harmonization of law with the position of both old (pre-revolution), and the recent interest of the federal government and the interests of the regional government in Russia.

Its relevance is determined by the need to study the process of federalization in the historical aspect of the combination of the general and the particular. In this connection there is a need to identify protogosudarstvennyh structures (early state associations) in selected regions of the "Baskirdii", "BashDzherda", "bash-Caird," "Bashkirda", "Basdzharta" and patterns of development of state of Bashkortostan, Bashkurdistana, Bashkortostan in various stages of interaction of the two administrative units and two different levels of government under the leadership of the federal legislation.

Genetic basis of the twin concepts of regional law based on Bashkortostan include both legal elements and views, public, state, constitutional, political and legal thought, the Treaty [1], institutes, regulatory administrative-territorial relations at: uluses barungarov, djungars tumens, thousand provinces, governorships, Government-General, cantons, zemstvo, townships, yurts (URT), districts, counties, provinces, states, districts in absolute terms, and the decentralization of power in Russia.

Feature of the "monopoly of sovereignty (authority) of the layers of managers" [2] Russia and Bashkortostan determined by its role (value) in the contractual autonomy and administrative units of local government. In these, the socio-economic, political, legal, ideological, moral, and cultural factors. And these components statehood investigated not only from the perspective of modern exterior form of the administrative-territorial units, but also on the social origins of "skeletok" (nomads, farmers, ranchers, Tarkhan, farmers [3], serfs, industrialists, tradesmen, inhabitants, townsmen, guilds, nobles) [4], and social institutions (the prototype state autonomy and administrative units) such as Yan (state tribes of the Southern Urals), policies (city Arkaim, Ufa 1, Ufa 2 Bashkort Kala Tau, Khan-Kala) , Tolosa, tardumov, provinces, El, Ord, Khanate, Burzian Federation Yedigei Dasht-i-Kipchak [5] (the state Batu), Djungarian khanates Tabynsk state (tribal alliance) Kang-kü/Kangju (State of the Huns), Ishimbaysky khanates ( transitional state), the state of Kara-Khans. [6]

In determining the nature of regional law as the starting RB defined stages in the development of the "discretionary [7] of the regional law", "regional-prokonstitutsionnogo legislation [8]", "constitutional and statutory regional rights" under the "protofederatsii", "polufederatsii" "quasi-federation", "state autonomy," "regionalisticheskogo state" if one of the social institutions of statehood sedentary population [9], because the tribal union becomes the prototype of a "federation."

This conclusion is noteworthy because of the fact that so far there is no reliable information on the availability of a state [10] in any country, including in the early period of the Russian and Bashkir. True, the works of Ibn Fadlan, Giovanni del Carpini, Guillaume de Rubruka and Bashkir shezhere and epics give a sense of self-government with the area to the XIII century. Relative to the same period of SI Rudenko, referring to Abu Zayd al-Balkhi, indicates that the western districts of Bashkortostan were part of and subject to the Bulgar state. The presence in the years 1235-1236. the Bashkirs own ruler - Khan - indicates in its report Hungarian monk Julian [11].

The value of the research topic is to identify the variant form of the Bashkir federal relations amid a worldwide process of federalization and began recognizing contractual standard (sample) the further development of world federalism, and in some regions - the basis for the formation of statehood.

This study is also related to the need to identify mechanisms and management principles to ensure effective operation of representative government at the local level, with the establishment of an appropriate balance between centralization and decentralization, adequate historical conditions of the country and a task that you must implement the local government, with the creation of coherent interaction mechanism bodies of state power and local self-government to respond effectively to emergencies, with the identification of all potential resources and enhancement of resource at the local level, the improvement of the self as an integral institution of democracy.

Based on these postulates, it recognizes the applicability of the legal system of any form of autonomy and protofederatsii (federation) simultaneous implementation of three basic rights: "normative" G. Kelsen [12], a "derived" by R. Ago [13], "referential" F . Savigny [14].

According to the "normative theory of" legal system is a set of rules that are logically derived from a "basic norm" (eg, constitution, contract, position, etc.). Since regional trade (eg, position on the provincial and district zemstvo institutions [15], and governorships in the Russian Empire [16] Institutions for management of the Russian Empire [17], the Merger Agreement, the Regulation on the Bashkirs, etc.) is displayed of the basic rule (eg, the Office of province in the Russian Empire), so far the legal relations in the framework of "protofederatsii" (federation) appear as a single system. However, the social content and the legal nature of the rules and the edge regions can be varied. But between these norms was (is) in common: they are equally reflect (reflect) the objective factors, geographical and historical conditions of existence of Russia and Bashkortostan [18].

The Meaning of "standards of the manufacturer," is to harmonize the legal systems and the ability to produce relatively independent rules within Russia as a state-territorial units (the central government) and the autonomy of Bashkortostan as administrative-territorial units in the initial stage of the formation of federal relations in Russia.

The theory of "reference rule" comes from the fact that the federal legal standard (eg, Code of Laws) Russia (Russian Federation, Russian Federation), referring to a regional law (eg, the Regulation on the Bashkirs) Bashkiria (Bashkurdistan, BASSR, RB), agree on regional right, as if "nationalizing" the regional (local, territorial, regional) legal rule makes it a rule of its own law (own law) [19].

It should be emphasized that previous researchers have not paid attention to the legal norm as a "fundamental principle of law," because they did not have a clear picture of the structure of the provincial, district, zemstvos, respectively on the different types of autonomy and federation at different stages of decentralization of power. Due to the theoretical elaboration of these institutions are not in the provinces of Russian Empire, treaties of alliance, the provisions of the Bashkirs and other policies and regulations it was difficult to see (find) features independent regional autonomy rights under central (federal) government in Russia. Especially, at a certain stage to form a circle of issues that from the perspective of the classical theory of law had serious difficulties.

The practical importance of the twin concepts of regional law is to develop modern regionalization of state functions based[20] on an agreed sovereignty and separation of powers of government in the transformation of federal relations [21].

References:

1. Hence the hypothesis of universal balance and compromise in the origin and development of the state and law.

2. Aliyev IH Public-law reform and a model form of government in Russia: Abstract ... Candidate. jurid. Science. N-Novgorod, 2012. Pp. 7-8; Andreev A. Notes VN Tatishchev "ancient Russian laws." Historical notes. T. 36. Pp. 252-262.

3. Rubinstein, NL On the characteristics of the patrimonial regime and the peasant movement in the late XVIII in 70-80 years. Historical notes. T. 40. Pp. 140-153.

4. Picheta VI Institution of slavery in the Grand Duchy of Lithuania in the XV-XVI centuries. Historical notes. T. 20. Pp. 38-65.

5. All the steppe from the Danube to the Volga region called the Kipchak steppe and "Dasht-i-Kipchak." When the Mongols captured the "Dasht-i-Kipchak," Kipchaks were the main force of the Golden Horde / / http://ru.wikipedia.org; Evstigneev YA History and chronological transformation of the term "Kipchak" / / Problems of Oriental Studies. 2012/1 (55). Pp. 27-30.

6. Problems of Oriental Studies. 2012/1 (55). Pp. 21-27.

7. We can assume that it was a form of modern delegation, as installed power contract allows the authority to implement the edge of your choice.

8. Since discretion based on Sharia law, in so far it is the basis of regional and religious, political and legal autonomy of the Federation (Burzian or otherwise) and becoming an integral part of managing edge at any stage of development of federal (proto-federation) relations between Russia and Bashkortostan.

9. Hence the hypothesis that the prehistoric period of Bashkortostan is characterized by lack of statehood as Stone, Bronze and Iron periods preceded the writing and Settlement, and has been traced only in real monuments and folk tales / / http://dic.academic.ru/dic.nsf/brokgauz_efron; historical era for Russia came in the IX. , for the Greeks and Romans - for several centuries before the birth of Christ, for Egypt and Assyria, Babylonia - four millennia BC / / http://ru.wikipedia.org/

10. Discretionary regional law suggests the concept of "true identity" parallel form "proregionalnogo legislation" and "pro-state association."

11. http://ru.wikipedia.org

12. Kelsen H. Das Problem des Souveranitat und die Theorie des Volkerrechts. Tubingen, 1928. S. 114.

13. Ago R. Regles generales des conflits des lois. RdC. T. 58. P., 1936. P. 302.

14. Savigny F.K. System des heutigen Romischen Rechts. B., 1848. Bd. 8. S. 28.

15. Complete Collection of Laws of Russia. T. XXXIX. № 40457.

16. CCL. T. IV. № 2218.

17. CCL. T. XX. № 14392.

18. In the paper, the hypothesis that the initial stage of formation of regional law Bashkiria making of the contract with the Mongols of friendship and alliance, as it was determined the independence of Bashkortostan / / Vatandash. 2008. Number 8. Pp. 16-24.

19. Modern constitutional statutory regional law provides: fixing the legal supremacy of the Constitution of the Russian Federation in the entire country (Part 1 of Art. 15 of the Constitution), the definition of the exclusive (Article 71.) And collaboration of the Federation and its members (Article 72 and Article . 73) prioritization of legislation of the Russian Federation and its subjects; warranty independent subjects of the Russian Federation in the field of legislation, administration of contracts and agreements between the Russian Federation and its subjects in the number of sources of constitutional law and opportunity in this regard the juridical regulation within federal relations, the definition of the general procedure resolution of legal disputes and conflicts by referring to the conduct of the Russian federal conflict of laws.

20. MF Malikov Modern problems of the constitutional rights of the Russian Federation. Ufa DizaynPress, 2011. Pp. 101-107.

21. MF Malikov Regional Law: sosotoyanie and prospects. Germany: Lap Lambert Akademits Publising, 2012. Pp. 5-8.