俄罗斯国家结构中的地方自治:问题与展望

IF 0.2 Q4 LAW
O. Kazantseva, E. Kuzina
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The research methodology is built by combining such methods of scientific knowledge as analysis (to study normative legal acts on the research topic), synthesis (to analyse theoretical sources and make generalizations), comparative legal method (to study and compare legal norms), logical method (to identify the peculiarities of the research object), system-structural approach (to define the role of local self-government in the Russian statehood), the method of legal hermeneutics (to provide an interpretation of legal documents) and the synergistic method which allowed to analyse the system of local government in cooperation with state authorities.Results. Local self-government shall be recognized as the basis of a democratic regime and present-day Russian statehood. The adoption of the 1993 Constitution resulted in numerous normative acts which regulate the system of local self-government, including The Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of Local Self-Government Organization in the Russian Federation”. However, regular changes to this law regarding local self-government have raised a number of concerns about uncertainty and contradictions in the legal system. Thus, along with positive effects of ongoing reforms, there are some negative trends including current tightening of local self-government officials’ liability in Russia as well as the increasing gap between the population and local self-government, uncertainty of legal solutions and enforcement practice. Members of the expert community, municipalities and practitioners have high hopes for the new legal framework in the field of local self-government, which is being developed following the amendments to the Constitution of the Russian Federation in 2020. As a result, strengthening and expansion of local self-government powers are expected, which will increase citizens’ involvement in resolving issues of local importance. However, draft law No. 40361-8 on local self-government submitted to the State Duma on December 16, 2021, provides for the liquidation of the settlement level and the reduction in the number of lower-level local self-government bodies. As a result, the gap between the population and local self-government bodies has highly increased. In addition, the draft law strengthened responsibility of the heads of municipalities to the highest officials of the constituent entities of the Russian Federation, which implies more dependence of lower-level authorities on the state.Conclusion. Legislation is rapidly adjusting to the existing realities rather than establishing a legal basis for local self-government development. 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引用次数: 0

摘要

文章。本研究的主题是对俄罗斯联邦目前的市政改革进行详细分析,并评估其对自治地方的影响、在俄罗斯国家体制内的作用和发展趋势。本文旨在通过对联邦宪法的修改来证明或反驳关于联邦法律法规对联邦地方自治影响的假设,并为科学理解这一问题做出贡献。研究方法是通过结合分析(研究研究主题的规范性法律行为)、综合(分析理论来源并进行概括)、比较法律方法(研究和比较法律规范)、逻辑方法(确定研究对象的特殊性)、系统结构方法(定义俄罗斯国家中地方自治的作用)、法律解释学方法(提供法律文件的解释)和协同方法,允许分析地方政府与国家当局合作的系统。结果。承认地方自治是民主制度和现代俄罗斯国家制度的基础。1993年宪法的通过产生了许多规范地方自治制度的规范性法律,包括2003年10月6日第131-FZ号联邦法“关于俄罗斯联邦地方自治组织的一般原则”。但是,这项关于地方自治的法律的定期修改引起了人们对法律制度的不确定性和矛盾的一些关切。因此,在正在进行的改革产生积极影响的同时,也存在一些消极趋势,包括目前俄罗斯地方自治官员的责任收紧,人口与地方自治之间的差距越来越大,法律解决办法和执法实践的不确定性。专家团体成员、市政当局和从业人员对地方自治领域的新法律框架寄予厚望,该框架是在2020年俄罗斯联邦宪法修正案之后制定的。因此,预计地方自治权力将得到加强和扩大,这将增加公民对解决地方重要问题的参与。然而,2021年12月16日提交给国家杜马的关于地方自治的第40361-8号法律草案规定,清算结算级别和减少下级地方自治机构的数量。因此,人口和地方自治机关之间的差距急剧扩大。此外,法律草案加强了市政首长对俄罗斯联邦组成实体最高官员的责任,这意味着下级当局对国家的更多依赖。立法正在迅速适应现有的现实,而不是为地方自治的发展建立法律基础。为了恢复由于地方自治法律基础的系统性变化而变形的地方自治的本质,有必要对提交的法案进行完善,加强地方自治作为民主俄罗斯国家可持续发展的一个因素。
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-government in the structure of Russian statehood: problems and perspectives
Essay. The subject of this research is to provide an elaborate analysis of current municipal reform in the RF and assess its impact on the self-government place, the role and development trends within the system of the Russian statehood. This paper aims either prove or disprove a hypothesis about the impact of adopted legal regulations on local self-government in the RF in view of the amendments to the RF Constitution, and make a contribution to scientific understanding of this issue.Methodology. The research methodology is built by combining such methods of scientific knowledge as analysis (to study normative legal acts on the research topic), synthesis (to analyse theoretical sources and make generalizations), comparative legal method (to study and compare legal norms), logical method (to identify the peculiarities of the research object), system-structural approach (to define the role of local self-government in the Russian statehood), the method of legal hermeneutics (to provide an interpretation of legal documents) and the synergistic method which allowed to analyse the system of local government in cooperation with state authorities.Results. Local self-government shall be recognized as the basis of a democratic regime and present-day Russian statehood. The adoption of the 1993 Constitution resulted in numerous normative acts which regulate the system of local self-government, including The Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of Local Self-Government Organization in the Russian Federation”. However, regular changes to this law regarding local self-government have raised a number of concerns about uncertainty and contradictions in the legal system. Thus, along with positive effects of ongoing reforms, there are some negative trends including current tightening of local self-government officials’ liability in Russia as well as the increasing gap between the population and local self-government, uncertainty of legal solutions and enforcement practice. Members of the expert community, municipalities and practitioners have high hopes for the new legal framework in the field of local self-government, which is being developed following the amendments to the Constitution of the Russian Federation in 2020. As a result, strengthening and expansion of local self-government powers are expected, which will increase citizens’ involvement in resolving issues of local importance. However, draft law No. 40361-8 on local self-government submitted to the State Duma on December 16, 2021, provides for the liquidation of the settlement level and the reduction in the number of lower-level local self-government bodies. As a result, the gap between the population and local self-government bodies has highly increased. In addition, the draft law strengthened responsibility of the heads of municipalities to the highest officials of the constituent entities of the Russian Federation, which implies more dependence of lower-level authorities on the state.Conclusion. Legislation is rapidly adjusting to the existing realities rather than establishing a legal basis for local self-government development. In order to restore the essence of local self-government, deformed as a result of systematic changes in the legal basis of local self-government, it is necessary to improve the submitted bill, strengthening local self-government as a factor in the sustainable development of a democratic Russian state.
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