Legitimation problems of public government in modern Russia

Tyumen State University Herald. Social, Economic, and Law Research


2021, Vol. 7. № 1 (25)

Legitimation problems of public government in modern Russia

For citation: Avdeev D. A. 2021. “Legitimation problems of public government in modern Russia”. Tyumen State University Herald. Social, Economic, and Law Research, vol. 7, no. 1 (25), pp. 95-111. DOI: 10.21684/2411-7897-2021-7-1-95-111

About the author:

Dmitry A. Avdeev, Cand. Sci. (Jur.), Associate Professor, Department of Constitutional and Municipal Law, University of Tyumen; d.a.avdeev@utmn.ru


The problem of the effectiveness and efficiency of public authority is the subject of research in various sciences, including the legal one. In particular, from the standpoint of the domestic science of constitutional law, it is of interest to study the foundations of the organization and functioning of public authorities and management at various levels in a given period of time to develop recommendations aimed at improving the activities of government bodies.

The 2020 constitutional and legal reform introduced significant adjustments to the organization and activities of not only the highest bodies of state power. Strengthened the interaction of public authorities and local self-government, which together form a single system of public authority and carry out interaction in order to most effectively solve problems in the interests of the population.

Despite the ambiguity of the category “public power”, one of its properties is the activities legitimacy of the bodies that exercise it. In this regard, at present, there are a number of problematic aspects related to the procedure for the formation (formation) of higher bodies of state power and local self-government and the degree of participation of citizens in it (for example, citizens do not participate in the direct formation of the Federation Council, heads of municipalities are not elected by the population).

Until now, the science of constitutional law continues to discuss the legal content of the concept of “people”, which is one of the key issues in the process of legitimizing public authority. In the article, the author proposes to find out the difference between the legal understanding of the people as a “source of power” and as a “bearer of sovereignty.” Considering public power, the author reveals such an inalienable property of it as legitimacy. Analyzing the problems of public administration in the Russian Federation, the author proposes a number of measures aimed at improving the legislation.


  1. Avdeev D. A. 2017. “Constitutional dimension of modern Russian democracy”. Russian law: education, practice, science. No. 6, pp. 20-27. [In Russian]

  2. Avdeev D. A. 2017. “The legitimacy of public authority in Russia”. Tyumen State University Herald. Socio-economic and legal research. Vol. 3, no. 3, pp. 100-102. [In Russian]

  3. Avdeev D. A. 2015. “Parliament in the Russian system of public administration”. Eurasian Law Journal. No. 3, pp. 236-238. [In Russian]

  4. Avdeev D. A. 2018. “The Legal Voice of the Political Will of Russian Citizens, or Modern Problems of Public Events”. Modern law. No. 12, pp. 29-32. [In Russian]

  5. Baglai M. V. 2007. Constitutional law of the Russian Federation: textbook for universities. Moscow: Norma. 784 pp. [In Russian]

  6. Grachev N. I. 2009. The origin of sovereignty: Supreme power in the worldview and practice of state building of traditional society: monograph. Moscow: Zekalo-M. 336 pp. [In Russian]

  7. Collection of legislation of the Russian Federation. 2020. The Law of the Russian Federation on the amendment to the Constitution of the Russian Federation No. 1-FKZ of March 14, 2020 “On improving the regulation of certain issues of the organization and functioning of public authorities”. No. 11, art. 1416. [In Russian]

  8. Kazantseva O. L. 2019. “Local government in Russia: de jure and de facto”. Tyumen State University Herald. Socio-economic and legal research. Vol. 5, no. 4 (20), pp. 103-121. DOI: 10.21684/2411-7897-2019-5-4-103-121 [In Russian]

  9. Kokotov A. N. 2016. “Dissenting opinion of a judge of the Constitutional Court of the Russian Federation on the Resolution of the Constitutional Court of the Russian Federation dated 01. 12. 2015 No. 30-P «In the case of checking the constitutionality of parts 4, 5 and 5.1 of Article 35, parts 2 and 3.1 of Article 36 of the Federal Law “On the general principles of organizing local self-government in the Russian Federation” and part 1.1 of article 3 of the Law of the Irkutsk region “On certain issues of the formation of local self-government bodies of municipalities of the Irkutsk region” in connection with the request of a group of State Duma deputies»”. Constitutional Court of the Russian Federation Herald. No. 2. [In Russian]

  10. The official Internet portal of legal information pravo.gov.ru. Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 with amendments approved during a nationwide vote on July 1, 2020. http://publication.pravo.gov.ru/Document/View/0001202007040001 [In Russian]

  11. Kostogryzov P. I. 2020. “Metacategory «people» and the limits of cognition of the science of constitutional law”. Lex Russica. Vol. 73, no. 11 (168), pp. 35-42. [In Russian]

  12. Independent electoral institution. Implementation problems and development prospects of the constitutional model of Russian local self-government: round table. http://www.vibory.ru/Publikat/steno51103.htm [In Russian]

  13. Romanchuk I. S. 2013. Public state power: Research methodology and practice of limitation: a tutorial. Tyumen: Izdatel’stvo Tumenskogo Gosudarstvennogo universiteta. 172 pp. [In Russian]

  14. Chistyakov O. I. (ed.). 1994. Russian legislation of the X-XX centuries: in 9 volumes. Volume 9. Legislation of the era of bourgeois-democratic revolutions. Moscow: Yuridicheskaya literatura. 351 pp. [In Russian]

  15. Avakyan S. A. (ed.). 2014. Modern problems of the organization of public power: a collective monograph. Moscow: Yursticinform. 596 pp. [In Russian]

  16. Tabolin V. V. 2017. “The effectiveness of public power: approaches to understanding and legal nature”. Constitutional and legal problems of the effectiveness of public power in Russia and foreign states: a collective monograph. Petrozavodsk: Karelian branch of RANEPA. Pp. 7-16. [In Russian]

  17. Tsishkovsky E. A., Kuzakbirdiev S. S. 2005. “The Idea of Democracy in Russian Legal Ideology and Doctrine (Critical Essay)”. Bodies of state power of the Russian Federation in the conditions of separation of powers. Tyumen: Izdatel’stvo Tyumenskogo yuridicheskogo instituta MVD RF. Pp. 97-103. [In Russian]

  18. Chirkin V. E. 2011. Constitution and modern models of public power: ideologemes and realities. State and law. Vol. 6, pp. 5-12. [In Russian]

  19. Chirkin V. E. 2017. Territorial organization of public power: monograph. Moscow: INFRA-M. 208 pp. [In Russian]