俄罗斯联邦的地方自治与国家权力:寻找走出体制陷阱的途径

M. Y. Martynov
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摘要

本研究的主题是现代俄罗斯法律和政治领域中出现的与地方自治机构地位有关的矛盾的原因。一方面,无论是在政治实践中还是在大众意识中,地方自治政府实际上都是较低一级的公共管理机构。但在法律上,其机构并不属于国家权力系统。作者用国家权力陷入的体制陷阱来解释这种情况。作者认为,1993 年 10 月立法权与行政权政治对峙期间的行为者斗争所导致的情况巧合,是政治实践需求与立法要求之间出现碰撞的原因。由于缺乏该机构充分运作所需的社会经济支持,该机构将来不可避免地会变成国家行政系统的 "下层",同时将市政机构伪装成非政府组织。事实证明,在地方自治存在的整个历史过程中,都曾试图解决这一矛盾。最新的尝试是在最新版的《俄罗斯联邦宪法》中,将国家和地方自治机构纳入统一的公共权力体系。需要指出的是,名义上是自治,但实质上是国家机构在地方的运作会产生一系列负面影响。本文提出了走出 "体制陷阱 "的组织和法律途径。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Local Self-Governance and State Power in the Russian Federation: In the Search for a Way Out of the Institutional Trap
The subject of the study is the causes of the contradiction that have arisen in the legal and political field of modern Russia, related to the status of the institution of local self-government. On the one hand, local self-government, in fact, acts as a lower level of public administration, both in political practice and in mass consciousness. But legally, its bodies are not part of the system of state power. The author explains this situation by the institutional trap into which the state power has fallen. The author sees the reasons for the emergence of this collision between the needs of political practice and legislative requirements in the coincidence of circumstances caused by the struggle of actors during the political confrontation between the legislative and executive powers in October 1993. The lack of socio-economic support, necessary for the full functioning of the institution, made it inevi that in the future that institution would turn into a "lower floor" of the system of state administration, with the simultaneous camouflaging municipal bodies as a non-governmental organization. It is shown that throughout the entire subsequent history of local self-government existence attempts were made to resolve this contradiction. The latest attempt was made in the latest version of the Constitution of the Russian Federation by including state and local self-government bodies into the system of unified public power. It is noted that the functioning of nominally self-governing, but basically - state bodies at the local level has a number of negative consequences. Organizational and legal ways out of the "institutional trap" are suggested.
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