The Problem of Defi ning the Notion of “Federal Territory” in Russian Legal Science and Legislative Practice

The article considers the approaches formed by domestic legal doctrine to the definition of the concept of federal territories. It is proved that the understanding of federal territories exclusively as public-law entities does not fully reflect their multifaceted legal nature. It is substantiated that in the absence of population a federal territory cannot be considered a public-law entity due to the lack of practical necessity to create a system of public authorities within its boundaries. In order to take into account in the formation of a uniform concept of federal territories the classification of their features is proposed. The author's concept of federal territories is formulated. Supporting the approach of the legislator to form the concept of federal territories in a separate federal law on the creation of a particular territory, it is proposed to fix the general concept of federal territories in the Constitution of the Russian Federation.

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Publication Details

Journal
Moscow University Bulletin Series 21 Public administration
Published
2025-04-16
DOI
https://doi.org/10.55959/msu2073-2643-21-2025-2-69-86
Primary Topic
Legal and Policy Issues
Type
article
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article

The Problem of Defi ning the Notion of “Federal Territory” in Russian Legal Science and Legislative Practice

D. V. Astrakhantsev
Moscow University Bulletin Series 21 Public administration
Legal and Policy Issues
article

The Problem of Defi ning the Notion of “Federal Territory” in Russian Legal Science and Legislative Practice

D. V. Astrakhantsev
article en

Abstract

The article considers the approaches formed by domestic legal doctrine to the definition of the concept of federal territories. It is proved that the understanding of federal territories exclusively as public-law entities does not fully reflect their multifaceted legal nature. It is substantiated that in the absence of population a federal territory cannot be considered a public-law entity due to the lack of practical necessity to create a system of public authorities within its boundaries. In order to take into account in the formation of a uniform concept of federal territories the classification of their features is proposed. The author's concept of federal territories is formulated. Supporting the approach of the legislator to form the concept of federal territories in a separate federal law on the creation of a particular territory, it is proposed to fix the general concept of federal territories in the Constitution of the Russian Federation.

Moscow University Bulletin Series 21 Public administrationVol. 22(№2, 2025)
Supreme Arbitration Court of the Russian Federation (RU)
Openalex Percentile: Top 69%
Legal and Policy Issues
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