Federalism and Local Politics in Russia

Federal discourses, minority rights, and conflict transformation 59and de jure hierarchy among the ethnic regions is not drawn. Self-determination,an authoritative commentary of the Constitution claims, would haveto find its limits whenever the unity of the state, human rights or ‘nationalunity’ were threatened. 17Federalism is ever more treated as a mere functional form of intergovernmentalrelations, thus replacing earlier ethnic-integrative justifications.Federalism appears as a tactical and temporarily necessary concession tonoisy ethnic elites. As Irina Koniuchova notes, the fundamental idea of federalismas ‘non-centralization’ (as put forth by Danial Elazar), could onlywork in stable states governed by the rule of law.Under conditions of legal nihilism, unstable political relations, the disintegrationof the legal system and its inefficiency, a matrix-model offederalism, in distinction to the preferred pyramid model, could lead tothe destruction of the state and an imbalance of the state’s power andrelations. 18The language is awkward while the meaning is clear. One would have first toprovide the rule of law and stability through centralism, for only under suchcircumstances could a state introduce ‘non-centralization’. 19 Nonetheless,this view does not give proof to the proposition that centralism is a guaranteeof the rule of law and stability.Following the recommendations of the presidential commission underDmitry Kozak, the legal basis for centre–regional relations was systematized,unified and centralized. As a result of this redistribution of competencies thefederation has approximately 700 areas of responsibility, the regions retainsome 50. 20 However, there are still many deficits, inconsistencies and contradictions.21 The law ‘On general principles of the organization of the legislative(representative) and executive organs of state power of the subjectsof the federation’ still leaves open (although it has been amended severaltimes) the conditions under which the supremacy of federal law should beexecuted. The implementation of norms of federal framework legislation inthe regions is a highly complex procedure. 22 Future constitutional amendmentsand federal constitutional laws will have to clarify the scope andfunction of bilateral treaties, the ‘state’ character of the republics and therelevance of the still valid Federation Treaties of 1992.Contrary to the prevailing ethnic demobilization in domestic politics,ethnic mobilization is used as an instrument in foreign policy. The Russianpolicy towards the provinces of South Osetiya and Abkhasiya in Georgia isto encourage their secessionist drive. The partial revision of Russia’s formerstand on the independence for Kosovo has changed the government’sapproach to post-Soviet secessionism too. 23 For a couple of years SouthOssetians have been provided with Russian passports, thus enabling theirclaim to protection by Russia. The ‘Public Chamber of Russia’, the officialrepresentation of ‘non-governmental organizations’, formed by a State