Guarantees of local self-government implementation in the system of public authority of the Russian Federation
Автор: Eremin A.R.
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Право
Статья в выпуске: 11, 2023 года.
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The article presents new approaches to guaranteeing local self-government, including the activities of local self-government bodies in the unified system of public authority. The categories of “local self-government”, “local self-government bodies”, “public authority”, “unified system of public authority”, “municipal authority” are systematically analyzed. Local self-government is defined as an independent form of public authority in municipal territories. The peculiarities of the functioning of local self-government in the Russian Federation are demonstrated. The necessity of recognizing local self-government as an integral phenomenon of the concept of public authority and local self-government bodies as a form of implementation of local self-government as an element of the unified system of public authority is substantiated. The problem of guarantees created for the effective functioning of local self-government in the Russian Federation is raised. It is argued that it is necessary not only to reform the current legislation in the light of the amendments to the Constitution of the Russian Federation of 2020, but also shows the need to form a new fundamental law at the federal level in the field of local self-government and to provide greater opportunities in the legislative regulation of local self-government to the constituent entities of the Russian Federation. It is indicated that the legislator needs to fill the gap in the definition of the concept of local self-government, including warranty issues there. Particular emphasis is given to the content and prospects of development of the constitutional foundations of local self-government as the most important guarantees. It is determined that the effective functioning of local self-government is possible with the guarantee of the right to implement local self-government. The guarantees determined by the state regarding the functioning of local self-government are defined. The content of state guarantees is disclosed, where general and legal guarantees are distinguished. Ways to develop state guarantees for the realization of the right to exercise local self-government are shown. Municipal guarantees are investigated, their content and meaning are shown in the general mechanism for guaranteeing local self-government.
State, public authority, local self-government, right to exercise local self-government, state guarantees, municipal guarantees
Короткий адрес: https://sciup.org/149144157
IDR: 149144157 | DOI: 10.24158/tipor.2023.11.32