«Modern Opportunities» for the State to Participate in Local Self-Government affairs

 
PIIS160565900031519-4-1
DOI10.61205/S160565900031519-4
Publication type Article
Status Approved
Authors
Occupation: professor of the department of public law of Russia and foreign countries
Affiliation: Mari state university
Address: Йошкар-Ола, Россия
Occupation: professor of the department of public law of Russia and foreign countries
Affiliation: Mari state university
Address: Йошкар-Ола, Россия
Abstract

<strong >Abstract.The 2020 constitutional amendments included local self-government in the institution of public authority. According to another novel public authorities have the opportunity to participate in official appointments (releases) at the municipal level. The new norms have given rise to unfounded opinions about state interference in local government affairs.

The study aims to evaluate these novelties from several angles: taking into account the previously expressed opinions of the Constitutional Court of the Russian Federation and doctrinal approaches; correlation with current legislation regulating municipal legal responsibility; analysis of new legislation implementing constitutional intentions.

It is revealed that the institution of public authority received its first recognition more than two decades ago by the Constitutional Court of the Russian Federation. A position was formed in the scientific doctrine about the fallacy of separating local self-government from state power at the same time. In fact these powers are two levels of unified government in the state. The legislation has fixed provisions on the early termination of the powers of bodies and officials in the municipal government system since 2003. It is seen as a form of responsibility to the State. It is established that the legislative body or the head of the subject of the Russian Federation participates in these procedures. It was concluded that the above-mentioned amendments are not absolute novelties. They just consolidated the actually established legal relations. An objective analysis of the legislation being formed in pursuance of the constitutional amendments showed that it largely filled the constitutional provisions with legal content. However, it was not possible to avoid obvious omissions.

The authors make a number of legislative proposals aimed at filling the gaps in legal regulation in the system of public authority and eliminating the risks of a subjective approach by state representatives who make decisions on painful issues of exemption from the powers of senior officials in the municipal sphere.

KeywordsKeywords: novelty of the Constitution of Russia, public power, local self-government bodies, state power bodies.
Received08.08.2024
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