Federal intervention - in a number of states with a federal form of organization ( USA , Brazil , Venezuela , India , Germany ) in accordance with the procedure established by the federal constitution or law , the center intervenes in the affairs of the federal subject in case of violation by the authorities of the last federal constitution or federal laws, disobeying the legitimate demands of the federal government , violations of human rights , serious unrest, the emergence of threats to the integrity of the state, the delay of tax and other payments. Federal intervention is usually announced by a special decree of the head of a federal state and may consist in forcibly removing the guilty officials, appointing representatives of the center to their place, temporarily dissolving the legislature of the subject of the federation, entering the territory of the last federal troops and applying other repressive measures. In India, the institution of federal intervention is called "presidential rule", in Germany - "federal coercion."
In the Russian Federation, elements of the institute of federal intervention are contained in the provisions of the Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Authorities of the Subjects of the Russian Federation” No. 184-ФЗ [1] contains a number of innovations in the field of legislative consolidation of forms and mechanisms of constitutional legal responsibility of the subjects of the Russian Federation. In particular, it establishes a legal institution fairly new for Russian practice - a temporary financial administration as a kind of temporary assignment of powers of state authorities of the constituent entities of the Russian Federation to federal government bodies, which, in turn, is one of the forms of federal intervention (federal intervention) in affairs of the subjects of the Federation. Also clause 3.1 of article 29.1 of this law contains a provision on the right of the President of the Russian Federation to resign a senior official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation) in connection with expressing distrust to him by the legislative (representative) state authority of a constituent entity of the Russian Federation , with the loss of confidence of the President of the Russian Federation, for the inadequate discharge of their duties (including the implementation of authority of the Russian Federation), as well as in other cases provided for by this Federal Law.
Links
- Federal Law of July 4, 2003 No. 95-FZ // SZ RF. July 7, 2003 № 27 Part 2. Art. 2709.