Peculiarities of the Legal Nature of the Federal State and their Impact on the Essence of State Power

Abstract

The main problem arising when considering the impact of the legal nature on the essence of the Federation and building up of State power is, in the opinion of the author, the lack of historical and theoretical study of key aspects of the theory of the Federal State. Often well-known provisions of Federal theory are simply transferred to the State power that creates many inconsistencies in the interpretation of its devices in the Federation. The conducted analysis suggests that in detailed study of the legal nature of the Federation there are no contradictions. The thesis on the origin of the Federation as a result of the merger of the States is historically groundless, which removes the idea of State power as the subject of dual sovereignty. Therefore, the public authority cannot regard the peoples of the united territories as its source. The federal principle of government is not comparable and not contrary to the public nature, therefore, the power of the State does not express divergent trends in the structure of the State, and does not impersonate the oscillatory nature of the Federation. As a consequence, decentralization in a federal State is one way of centralized State power devices by establishing federal started activities of State power of constituent entities of the Russian Federation. All of this demonstrates the consistency of the legal nature of the Federation.