The principle of entity equality of the federation as a basis for regulating inter-ethnic relations

The article discusses the purpose and normative potential of the constitutional principle of equality of entities of the federation for the purposes of legal regulation of inter-ethnic relations in the Russian Federation. In combination with other constitutional provisions and principles, it provides constitutional and legal influence on the field of inter-ethnic relations. At the same time, the principle under consideration is a unique example of a legal solution in the field of federal and inter-ethnic relations, since it is applied to a mixed-type federation. It is emphasized that the equality of entities of the Russian Federation is implemented both through the application of provisions directly formulated in the text of the Constitution of the Russian Federation and based on the interpretative activity of the Constitutional Court of the Russian Federation. The study proves the dichotomy of the constitutional principle under consideration, which implies the simultaneous existence and interaction of the institutional and substantial components. Each of the components has its own purpose, collectively ensuring the proper balance between normative stability and the dynamics of legal regulation of inter-ethnic relations. Under conditions of the achieved stability of the architecture of federal relations in the Russian Federation at the current stage, the dynamics of regulation of inter-ethnic relations is ensured through the implementation of powers by the entities of the Russian Federation on subjects of joint jurisdiction. The main focus is on solving such issues as the implementation of state national policy on the territory of the Russian Federation entity, the protection and development of the languages of the peoples of Russia, and maintaining ethno-cultural diversity for the purposes of training, education, and creativity. The authors identified a tendency towards the normative adoption of the constitutional principle of equality of entities for the purposes of regulating inter-ethnic relations through rule-making by the entities of the Russian Federation using the example of the development of the regional identity foundations.

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Publication Details

Journal
Russian Journal of Legal Studies (Moscow)
Published
2024-12-10
DOI
https://doi.org/10.17816/rjls632976
Primary Topic
European and International Law Studies
Type
article
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article

The principle of entity equality of the federation as a basis for regulating inter-ethnic relations

Andrey Pomazanskiy, Zhanna Gaunova
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Russian Journal of Legal Studies (Moscow)
European and International Law Studies
article

The principle of entity equality of the federation as a basis for regulating inter-ethnic relations

Andrey Pomazanskiy, Zhanna Gaunova
article en

Abstract

The article discusses the purpose and normative potential of the constitutional principle of equality of entities of the federation for the purposes of legal regulation of inter-ethnic relations in the Russian Federation. In combination with other constitutional provisions and principles, it provides constitutional and legal influence on the field of inter-ethnic relations. At the same time, the principle under consideration is a unique example of a legal solution in the field of federal and inter-ethnic relations, since it is applied to a mixed-type federation. It is emphasized that the equality of entities of the Russian Federation is implemented both through the application of provisions directly formulated in the text of the Constitution of the Russian Federation and based on the interpretative activity of the Constitutional Court of the Russian Federation. The study proves the dichotomy of the constitutional principle under consideration, which implies the simultaneous existence and interaction of the institutional and substantial components. Each of the components has its own purpose, collectively ensuring the proper balance between normative stability and the dynamics of legal regulation of inter-ethnic relations. Under conditions of the achieved stability of the architecture of federal relations in the Russian Federation at the current stage, the dynamics of regulation of inter-ethnic relations is ensured through the implementation of powers by the entities of the Russian Federation on subjects of joint jurisdiction. The main focus is on solving such issues as the implementation of state national policy on the territory of the Russian Federation entity, the protection and development of the languages of the peoples of Russia, and maintaining ethno-cultural diversity for the purposes of training, education, and creativity. The authors identified a tendency towards the normative adoption of the constitutional principle of equality of entities for the purposes of regulating inter-ethnic relations through rule-making by the entities of the Russian Federation using the example of the development of the regional identity foundations.

Russian Journal of Legal Studies (Moscow)Vol. 11(4)
The Institute of Legislation and Comparative Law under the Government of the Russian Federation (RU)
Openalex Percentile: Top 57%
European and International Law Studies
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