The article substantiates the formation of a constitutional and legal model for the integration of new subjects — the Donetsk and Lugansk People’s Republics, Zaporozhye and Kherson Regions into the Russian Federation, based on the experience of successful integration of the Republic of Crimea and the city of Sevastopol. The purpose of the study is to determine the constitutional and legal model of integration of these subjects, as well as to identify the prospects for the development of the processes of incorporation into the Russian Federation of its historical regions. Research objectives: to conduct a comparative analysis of the application of procedures provided for by federal constitutional laws for the incorporation of new subjects into the Russian Federation and federal legislation regulating the integration of Crimea and Sevastopol; to compare the organizational and legal mechanisms of their entry into the legal space of Russia; identification of similar situational problems and obstacles that arise in the process of legal integration, and development of proposals to overcome them. The analysis of the tasks set and their resolution in the proposed study are based on the application of a set of general and special methods of scientific knowledge. The main method is dialectical, which contributes to an objective understanding of the legal nature of the mechanism of implementation of the Basic Law of Russia. The historical and legal method allows us to consider these processes in the context of the patterns of formation and development of the federal structure of Russia and, in general, the improvement of its legal system. A special legal method is used in the course of constitutional analysis of the provisions of federal legislation and judicial practice. Comparative law — when comparing the current processes of legal integration of the new subjects of the Russian Federation with similar processes in Crimea and Sevastopol. Conclusions. The constitutional and legal model of the integration of new entities into the Russian state presupposes, on the one hand, entry into the legal system as a whole, and, on the other hand, requires a phased transition period. At the same time, it is important to identify the elements, step-by-step algorithms and sequence in ensuring the processes of legal integration. The experience of Crimea and Sevastopol has shown that integration into the socio-economic and legal systems of the Russian Federation should be based on a number of principles, including the continuity of the state and law, maintaining citizens’ trust in the actions of the state, and the possibility of establishing regulatory features in certain areas of legal relations. These and other ideas, which have proven themselves in the situation with Crimea and Sevastopol, should be decisive in the process of accepting new subjects into the Russian Federation and further integrating them into the Russian legal system in a transitional legal order.
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Ilya Bondarchuk
Journal of Russian Law
Research Institute of Agriculture of Crimea
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
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Ilya Bondarchuk (Thu,) studied this question.
www.synapsesocial.com/papers/69df2abce4eeef8a2a6afc30 — DOI: https://doi.org/10.61205/s160565900033933-0