Law "On the Organization of Public Power": why Tatarstan is against

Sergey Baimukhametov

The events of the recent past are reminiscent of the danger posed by the contradictions between the federal center and the autonomies.

After the collapse of the USSR in December 1991, the state system of Russia was created anew: the old laws were canceled, there are no new ones yet. At that critical moment, Tatarstan and Chechnya refused to sign the Federal Treaty. Panic began in the Kremlin.

As a result, a separate agreement was concluded with Tatarstan in 1994, according to which the republic was granted expanded powers. Extending it in 2007 - for 10 years ahead.

“The model of an agreement with Tatarstan was born in Grozny on January 14, 1993,” said Sergei Shakhrai, then Deputy Prime Minister, Chairman of the State Committee of the Russian Federation for National Policy, in an interview with the Kommersant Vlast magazine (12/17/1996.) “In Chechnya was born! It worked with Tatarstan, but not with Chechnya. I underestimated the danger of being moved from this place. I didn’t have time to finish - after six months the war began. ”

The same one a year later, in a speech at the Second International Conference on Federalism, Moscow on December 16-17, 1997:

“The mechanism of a treaty on the delimitation of jurisdictions and powers was proposed to the leadership of the Chechen Republic as a scheme for solving problems with this republic. The corresponding protocol was signed with the leadership of the Chechen parliament, which was authorized to sign such documents in accordance with the Chechen Constitution. Unfortunately, this line has not been completed".

But 17 years later, in 2014, in an interview with the correspondent of the Kazan electronic newspaper BUSINESS Online, he put forward a completely different version:

“A month later, Zelimkhan Yandarbiev flew to Moscow in the rank of deputy prime minister (not vice-premier, but vice-president of Chechnya - SB) and brought a paper stating that Chechnya was withdrawing its signatures on this document... is still shivering: "Sergei Mikhailovich, we are now breaking the initialed agreement, because the republic needs a war as a way to build a democratic society".

What to believe? Alas, the result is well known. As a result, the conflict developed and exploded into the Chechen war, which lasted 12 years, claimed thousands of lives, left a heavy memory and left an unkind stamp on the years to come.

In 2010, a law came into force abolishing the post of "president" in the autonomous republics. In all - except for Tatarstan. Then what is there - a separate Agreement. Since then, there have been only two presidents in Russia - in Moscow and in Kazan.

But in 2017, the Treaty ended. And 4 strange years came - in the void. No renewals, no cancellations. That is, Tatarstan and the Russian Federation live on their own. After all, the first article of the Constitution of the Autonomous Republic reads:

"The Republic of Tatarstan is a democratic legal state, united with the Russian Federation by the Constitution of the Russian Federation, the Constitution of the Republic of Tatarstan and the Treaty of the Russian Federation and the Republic of Tatarstan" On the delimitation of jurisdictions and mutual delegation of powers between the state authorities of the Russian Federation and the state authorities of the Republic of Tatarstan".

And if there is no Treaty, then the finding of Tatarstan as part of Russia is a little questionable? In a legal sense.

The silenced, postponed conflict has flared up again now - in connection with the draft law “On the General Principles of Organization of Public Power” submitted to the State Duma, which should replace the federal law “On the General Principles of Organization of Legislative and Executive Power in the Subjects of the Russian Federation”.

Founding document.

The deputies of the State Council of Tatarstan unanimously voted against the draft of the new law, which, in particular, establishes the name of the position of the highest official common for all subjects of the Federation - “the head of the subject of the Russian Federation”. But the speech, of course, is far and not only about the name of the position of the head of one autonomous republic, which is the focus of the press. There are many questions to the bill in all regions.

“This law radically changes the powers of the constituent entities of the Russian Federation, violating the current norms of the Russian Constitution. We are forced to violate the norms of the Russian Constitution”, - said Chairman of the State Council of Tatarstan Farid Mukhametshin.

For example, according to the current law, heads of regions can be elected and lead them for no more than two terms in a row. And according to the new project - at least until the end of his life. This is something like a "carrot". For individuals. But the "whip" is already for everyone. The President of the Russian Federation has the right to remove the head of the region in connection with the "loss of confidence" - without even explaining the reasons.

By the way, there are reasons or not, but only the people should and can, in theory, remove their chosen ones. Otherwise, what then is the election, democracy, federalism, the voice and will of the people?

Moreover, the bill states that the President of the Russian Federation has the right to issue a reprimand to the head of the subject “for improper performance of his duties”.

It is not enough just to put the chosen one of the people in a corner.

Regional parliaments, if the bill is passed, will turn into an empty talking shop. Deputies will not be able to establish a system of executive bodies in their region on their own - only by agreement with the relevant federal agency.

And finally, here's what the draft law says:

“Federal executive bodies can participate in the formation of executive bodies of the constituent entity of the Russian Federation, exercising state administration in the spheres of health care, finance, as well as exercising state administration in the spheres of education, health care, finance, as well as exercising housing, construction supervision, appointment and dismissal from the position of officials of the said executive authorities of the subject..."

In other words, Moscow will be able to send and put its appointees in hundreds of different local positions of office. And local deputies and governors - to watch how newcomers rule in their regions, republics.

All this is called "strengthening the vertical of power." It has been continuously strengthened since 2000. At the same time, the expression "regional barons" appeared. They say they sit in the Federation Council and hinder progressive federal government. Well, they removed the "regional barons", they began to appoint senators. For example, a resident of Moscow since 2002 has represented the interests of the Republic of Tyva, then - the Bryansk region, now - again Tyva.

We have strengthened the vertical. And what is the result? All structures now work like a clock, prosperity and prosperity have come?

Perhaps, it is not the “vertical” that should be strengthened, but the horizontal of power, federalism and self-government, proclaimed in the Constitution of the Russian Federation? By the way, there is no "vertical" in the Constitution.

And the new law will inevitably cause open or hidden protest, disputes, disagreements, up to the aggravation of the interethnic situation in the regions.

Consideration of the bill in the first reading is planned in the State Duma on November 9.