Home – Home – Jornals – "Philosophy of Education" 2017 number 4

In this article, the necessity is substantiated of qualitative improvement of subordinate rulemaking as a critical factor in the practical implementation of laws in the conditions of high dynamics of social life and the need for the prompt legal response to the occurring changes. In the aspect of division of powers between the Russian Federation and subjects of Federation, according to the Russian Constitution, the author examines the legal scope of joint competence of Federation and its subjects. It is indicated that, in the joint jurisdiction of the Russian Federation and its subjects, there are accepted the same type of laws that creates an excessive number of laws and a high probability of their non-observance, giving rise to an increase in unsystematic and chaotic phenomena in the legislation. The novelty is the proposal to take a fresh look at regulation of subjects of reference, in accordance with article 72 of the Constitution of Russia, namely: to amend the Constitution of Russia, charging the subjects of the Russian Federation on subjects of joint jurisdiction with accepting not the laws of subjects in fulfillment of their powers, but subordinate regulatory enactments of legislative (representative) and executive authorities of the subjects of the Federation. In higher education institutions, in the discipline of «Constitutional law», while studying the legislative process, students should be encouraged to focus on subordinate rule-making as the most important mechanism of law enforcement.