Release:
2022, Vol. 8. № 3 (31)
Title:
CONSTITUTIONAL MODERNIZATION OF THE INSTITUTION OF LOCAL SELF-GOVERNMENT IN THE RUSSIAN FEDERATION
For citation:
Nosova N. P., Savelev D. L., Alieva O. V. 2022. “Constitutional modernization of
the institution of local self-government in the Russian Federation”. Tyumen State University
Herald. Social, Economic, and Law Research, vol. 8, no. 3 (31), pp. 58-75. DOI: 10.21684/2411-7897-2022-8-3-58-75
About the authors:
Natalya P. Nosova, Dr. Sci. (Hist.), Professor, Department of State and Municipal Administration, University of Tyumen;
nosova-np@mail.ruDmitrii L. Savelev, Cand. Sci. (Hist.), Associate Professor, Department of State and Municipal Administration, University of Tyumen;
d.l.savelev@utmn.ru; ORCID:
0000-0002-4890-1217Olga V. Alieva, Cand. Sci. (Jur.), Head of State and Municipal Administration Department, University of Tyumen;
o.v.alieva@utmn.ru
Abstract:
The article is an analytical study of the changes that have occurred as a result of the reform of the federal land of the Russian Federation. The authors consider the modern constitutional reform as a comprehensive systemic modernization of not only public administration bodies but also the social development of the country as a whole. The problem lies in the methodology of historical and legal discourse.
Within the framework of the stated topic, the historical dynamics of constitutional changes and assessments of the institution of local self-government in Russia is analyzed. The authors historically consistently characterize the development of theoretical views on the problems of the institution under study, the features of the implementation of local self-government and its interaction with state bodies at different stages of historical development.
The article analyzes the positions of Soviet constitutionalism in the field of public administration, and also attempts to assess the current state and modernization trends in connection with the latest amendments to the Russian Constitution.
The analysis showed that the formed modern system of local self-government is the result of a long historical development of Russian society, which reflects the socio-cultural, political and economic features of both local territories and the state as a whole.
The constitutional consolidation of the concept of “single system of public administration” is based on the key idea that building a unified system of public authority in Russian conditions can be progressively developed and be successfully implemented only within the framework of establishing a new balance of delineation of powers between all levels of government and their interaction on the basis of constructive dialogue.
The authors come to the conclusion that an objective and systematic assessment of the change in the status of local governments in the updated structure of public authority can be fully implemented only after the completion of the process of reviewing federal and regional legislation based on the content of the norms of the updated Constitution, and their further application in practice.
References:
- Bezobrazov V. P. 1874. “Zemstvo institutions and self-government”. Russian Bulletin. Moscow. Pp. 524-273. [In Russian]
- Vasiliev V. I. 1991. “Councils or municipalities?”. People’s Deputy, no. 16, pp. 47-54. [In Russian]
- Vasilchikov A. I. 1870. About self-government. Comparative review of Russian and foreign zemstvo and public institutions. Saint-Petersburg: The typography of Eduard Praza. Vol. 2. 479 p. [In Russian]
- Gneist R. G. 1896. The rule of law and administrative courts in Germany. Saint-Petersburg: Typography of V. Bezobrazov and Co. 371 p. [In Russian]
- Complete collection of laws of the Russian Empire (CCL). City position of 16 June 1870. Part 2, vol. 45, no. 48498. [In Russian]
- Gradovsky A. D. “The system of local self-government in the West of Europe and in Russia”. Collection of state knowledge. Edited by V. P. Bezobrazov. Saint-Petersburg: Publishing House of D. E. Kozhanchikov. Vol. 5. 460 p. [In Russian]
- Dylnov G. V. 1990. Councils of people’s deputies in the conditions of “perestroika”. Edited by Yu. A. Makarov. Saratov: Saratov University Publishing House. 86 p. [In Russian]
- Guarantor legal reference system. 1985. European charter of local self-government ETS no. 122 (Strasbourg). Assecced on 23 September 2021. http://base.garant.ru/2540485/#ixzz5Oe2XnIIC [In Russian]
- Eremyan V. V., Fedorov M. V. 1999. History of local self-government in Russia (12th — early 20th century). Moscow: RUDN University Publishing House. 295 p. [In Russian]
- Izvestia. 18 February 1991. Law of the USSR of 9 April 1990 “On the general principles of local self-government and local economy of the USSR”. [In Russian]
- Law of the USSR of 7 October 1977 no. 6367-IX “On the procedure for enacting the constitution (Basic Law) of the USSR. Accessed on 15 October 2021. http://www.rusconstiution.ru/library/articles/9675 [In Russian]
- Ivanova A. A. 2021. “Constitutional consolidation of local self-government: theoretical and legal approach”. Udmurt University Herald, vol. 31, iss. 3, pp. 421-431. [In Russian]
- Kasho V. S., Prokhorov V. T. 1992. “Bodies of territorial public self-government”. State and Law, no. 7, pp. 46-53. [In Russian]
- The Constitution (Basic Law) of the USSR of 1924. Approved by the resolution of the 2nd Congress of Soviets of 31 January 1924. Accessed on 15 October 2021. http://www.rusconstiution.ru/terem/9572 [In Russian]
- The Constitution of the Russian Federation. Adopted by universal vote on 12 December 1993. Accessed on 15 October 2021. http://www.rusconstiution.ru/terem/44 [In Russian]
- The Constitution of the RSFSR of 1918. Adopted by the 5th All-Russian Congress of Soviets in a meeting of 10 July 1918. Accessed on 15 October 2021. http://www.rusconstiution.ru/terem [In Russian]
- Korzhikhina T. P. 1994. The Soviet state and its institutions. Moscow: Russian State University for the Humanities. 418 p. [In Russian]
- Korkunov N. M. 1909. Russian state law. Saint-Petersburg: Typography of M. M. Stasyulevich. Vol. 2. Special part. 747 p. [In Russian]
- Lazarevsky N. I. 1903. “Self-government”. Small zemstvo unit: collection of articles. Saint-Petersburg: [b.i.]. 471 p. [In Russian]
- Leshkov V. N. 1865. “Experience in the theory of the zemstvo and its zemstvo institutions according to the ‘Regulations of 1 January 1864’”. Day. No. 42-44. [In Russian]
- Kozhevnikov O. A., Larichev A. A., Peshin N. L. 2020. Local self-government in a single system of public authority. Vector and consequences of the constitutional reform in the Russian Federation: monograph. Edited by L. T. Chikhladze, A. A. Laricheva, E. N. Khazova. Moscow: UNITY-DANA. 343 p. [In Russian]
- Pisarkova L. F. 2001. “The development of local self-government in Russia before the great reforms: custom, duties, law”. National History, no. 2, pp. 3-27; no. 3, pp. 25-29. [In Russian]
- Collection of Legislation of the Russian Federation of 26 October 1998 no. 43, art. 5336. Decree of the President of the Russian Federation of 22 October 1998 no. 1281 (as amended on 28 May 2004) “On the Congress of municipalities of the Russian Federation” (outdated). [In Russian]
- Fadeev V. I., Shlemin P. I. 1993. Local self-government: the Russian version. Scientific and analytical reviews. Edited by E. V. Alferov. Moscow: Russian Academy of Sciences Publishing House. 67 p. [In Russian]
- Collection of Legislation of the Russian Federation of 28 August 1995 no. 35, art. 3506. Federal Law of 28 August 1995 no. 154-FZ “On the general principles of organizing local self-government in the Russian Federation”. [In Russian]
- Collection of Legislation of the Russian Federation of 6 October 2003 no. 40, art. 3822. Federal Law of 6 October 2003 no. 131-FZ “On the general principles of organization of local self-government in the Russian Federation”. [In Russian]