科学城作为自治市:法律规制问题

IF 0.3 Q4 LAW
I. Glazunova, O. Kozhevnikov
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The main hypothesis is that the blank method of regulating the peculiarities of local selfgovernment in science cities, perceived by the federal legislator, does not achieve its goal, which obviously requires a revision of approaches to legislative regulation of the status of such a special territory as a science city.The authors used both general research methods, including methods of analysis and synthesis, and industry methods, including the formal legal method.The main results. The authors note the inconsistency and inconsistency of the legislative regulation of the legal, organizational, economic and social foundations of science cities and the peculiarities of the implementation of local self-government in them. Foreign experience in the formation of analogues of Russian science cities demonstrates that, firstly, the creation and development of technopolises contributes to the formation of the most optimal forms of interaction between science and production. 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引用次数: 0

摘要

本研究的主题是俄罗斯联邦目前的市政改革及其对科学城法律地位的影响的评估。本文的目的在于确定科学城法律地位立法规制的理论途径和实践,展望科学城地域自治特点的现代和未来法律规制。主要的假设是,联邦立法者所认为的调节科学城地方自治特殊性的空白方法并没有达到其目标,这显然需要修改立法调节科学城这一特殊领域地位的方法。作者既使用了一般的研究方法,包括分析和综合方法,也使用了行业方法,包括正式的法律方法。主要结果。指出了我国对科学城法律基础、组织基础、经济基础和社会基础的立法规制的不一致性和不一致性,以及科学城地方自治实施的特殊性。国外在俄罗斯科学城形成方面的经验表明,首先,技术城市的创建和发展有助于形成科学与生产之间最优的相互作用形式。第二,外国技术政策通常是在研究中心和大学形成的,与市政当局运作的领土基础没有严格的联系。发件人声称,俄罗斯联邦的科学城不具有宪法和法律地位,既不是俄罗斯法律的一个分支如宪法的研究对象,也不是宪法立法的调节对象。目前,俄罗斯联邦科学城的法律地位具有双重性质:一方面,科学城是具有市区地位的市政实体;另一方面,它是一个科学和生产综合体的领土。与此同时,俄罗斯联邦科学城法律地位的这两方面在监管监管层面的相互关联性很差。科学城作为一个拥有科学和工业综合体的领土,显然与科学城——一个市区——具有不同的法律性质,作为一个领土,人口和(或)地方自治机构在其中解决地方重要问题。重要的是,在联邦当局一级确定是否需要进一步巩固城市地位或科学城领土的其他法律地位,科学城包括人力和物质科技资源显著集中的高科技企业,其使用旨在实施科学和国家科技政策。考虑到俄罗斯联邦宪法第12条和第132条的规定,如果“科学城-市政实体”的联系在未来被认为是必要和基本的,那么有必要确定,首先,在科学城实施地方自治的法律特征,其次,科学城地方自治与公共权力机构互动的基本原则,以及组织参与的形式和顺序,以解决科学城境内居民的地方重大问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Science city as municipality: problems of legal regulation
The subject of this study is the current municipal reform in the Russian Federation and an assessment of its impact on the legal status of science cities.The purpose of the article is to determine the theoretical approaches and practice of legislative regulation of the legal status of science towns, prospects for modern and future legal regulation of the peculiarities of local self-government in such a territory as a science city. The main hypothesis is that the blank method of regulating the peculiarities of local selfgovernment in science cities, perceived by the federal legislator, does not achieve its goal, which obviously requires a revision of approaches to legislative regulation of the status of such a special territory as a science city.The authors used both general research methods, including methods of analysis and synthesis, and industry methods, including the formal legal method.The main results. The authors note the inconsistency and inconsistency of the legislative regulation of the legal, organizational, economic and social foundations of science cities and the peculiarities of the implementation of local self-government in them. Foreign experience in the formation of analogues of Russian science cities demonstrates that, firstly, the creation and development of technopolises contributes to the formation of the most optimal forms of interaction between science and production. Secondly, foreign technopolises are usually formed at research centers and universities, without having a strict link to the territorial foundations of the functioning of municipalities.The authors claim that the science cities of the Russian Federation do not have a constitutional and legal status and are neither the subject of study of such a branch of Russian law as constitutional law, nor the subject of regulation of constitutional legislation. At the moment, the legal status of a science city in the Russian Federation has a dual nature: on the one hand, a science city is a municipal entity with the status of an urban district; on the other hand, it is a territory within which there is a scientific and production complex. At the same time, these two sides of the legal status of a science city in the Russian Federation are poorly interconnected at the level of regulatory regulation. It seems that a science city as a territory with a scientific and industrial complex obviously has a different legal nature than a science city – an urban district, as a territory within which the population and (or) local self-government bodies resolve issues of local importance.Conclusions. It is important to determine at the level of federal authorities the need for further consolidation of the status of municipalities or other legal status of the territory of a science city, which includes high-tech enterprises with a significant concentration of human and material scientific and technical resources, the use of which is aimed at the implementation of science and state scientific and technical policy. If the link "science city – municipal entity" is recognized as necessary and fundamental in the future, taking into account the provisions of Articles 12 and 132 of the Constitution of the Russian Federation, it is necessary to establish, firstly, the legal features of the implementation of local self-government in science cities, and secondly, the basic principles of interaction of local self-government of science cities with public authorities as the solution of issues of local importance in the interests of the population living in the territory of the science city, and the forms and order of participation of the organization.
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