To the problem of improving normative legal basis of organization of local self-government in Russia
https://doi.org/10.24147/2542-1514.2017.1(3).108-116
Abstract
The subject. The crisis of local self-government actualizes the problem of effectiveness of
legal regulation of the issues of its organization.
The purpose of the paper is evaluation of the effectiveness of the regulatory framework for
the organization of local government.
The methodology of research includes systematic analysis, formal legal method, interpretation
of legislation.
The results and scope of application. The crisis of local self-government actualizes the problem
of effectiveness of legal regulation of the issues of its organization. Evaluation of the
effectiveness of the regulatory framework for the organization of local government is reduced
to two questions: what are the limits of state legal regulation and what are the beginning
of the division of powers on the organization of local government between the Russian
Federation and the subjects of the Russian Federation.
Recognizing the optimal legislative approach to the definition of the limits of state regulation,
which assumes the creation at the federal level of a full-fledged legal mechanism for the implementation
of local self-government, subject to its combination with the beginning of municipal
self-regulation, the author criticizes the legislative approach to delineating the powers
to organize local self-government between the Federation and the subjects of the Federation.
Conclusions. Due to the legislative formula, according to which the scope of regional powers
depends on the discretion of the federal legislator, the local self-government turned out to
be "hostage" to the emerging federal relations.
About the Author
O. BazhenovaRussian Federation
PhD in Law, Associate Professor, Department of Constitutional and Municipal
Law
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Review
For citations:
Bazhenova O. To the problem of improving normative legal basis of organization of local self-government in Russia. Law Enforcement Review. 2017;1(3):108-116. https://doi.org/10.24147/2542-1514.2017.1(3).108-116