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Consolidation of municipalities in the newest time

https://doi.org/10.24147/2542-1514.2017.1(3).117-124

Abstract

The subject. The article is devoted to the analysis of the causes, the process, the consequences
of the enlargement of municipalities in the Russian Federation.
The purpose of this paper is to show that with the initial increase in the number of municipalities,
many of them turned out to be incapable of effectively addressing local issues and
providing quality services to the population. In this regard, the reverse process began – the
consolidation of municipalities. As a result, the number of municipalities, especially the rural
level, has dramatically decreased. The enlargement of municipal formations went arbitrarily,
without taking into account the infrastructural and historical unity of the unified urban
settlements.
The methodology. The author uses a dialectical method, a method of analysis and synthesis,
a formal legal method, a comparative legal method.
Results, scope of application. 03.04.2017 Federal Law No. 62-FZ is adopted, which provides
for the transformation of municipal raions and constituent urban and rural settlements into
urban districts according to a "simplified procedure", that is, with the consent of the population
expressed by the representative body of the municipality. In parallel, under consideration
in the legal department of the State Duma of the Russian Federation there is a bill
introduced by deputy A.P. Markov, offering to introduce a new type of municipal formation
– the rural district. In rural districts it is proposed to unite settlements in rural municipal
areas. The implementation of this bill will lead to the mass elimination of rural settlements.
Actually there are no accurate and exhaustive legislative provisions regulating the territorial
boundaries of urban districts, forms of the transformation and abolition of municipalities;
moreover, local political and economic elites persistently seek to preserve the single tier
management system developed over the decades. As a result of these blemishes, within administrative areas of some RF constituent entities, there are urban districts that consist of the large not urbanized territories with a poorly developed transport, social, economic infrastructure and without any common development goals. The authors conclude that the bias towards municipalities' consolidation in many RF constituent entities is justified and caused by ignoring of the vertical command relations in former areas. At the same time, they point out the need to take into account the town-planning, economic and geographical, socio-demographic factors while transforming municipal areas into urban districts, otherwise, all these transformations are fictitious and turn into revising of powers by local elites.

Conclusions. The municipal legal policy of consolidation of municipal entities is aimed at liquidating the settlement level of local self-government, which directly contradicts Part 1 of Art. 131 of the Constitution of the Russian Federation, which establishes the implementation of local self-government by the population, first of all, at the primary, settlement level. 

About the Author

Y. Blagov
Dostoevsky Omsk State University
Russian Federation

Applicant, Department of State and Municipal Law



References

1. Sidorova E.I. Place and role of local self-government bodies in the system of subjects ensuring the rights and freedoms of man and citizen. Gosudarstvennaya vlast' i mestnoe samoupravlenie = State Power and Local Self-government, 2017, no. 4, pp. 14–18. (In Russ.).

2. Dzhagaryan A.A., Dzhagaryan N.V. Mirror labyrinth of municipal reform: constitutional and judicial practice as a basis for finding outlets. Sravnitel'noe konstitutsionnoe obozrenie = Comparative Constitutional Review, 2016, no. 5. pp. 14–42. (In Russ.).

3. Larichev A.A. Association of municipalities as an instrument of state-legal policy in the sphere of territorial organization of local self-government in Canada. Gosudarstvennaya vlast' i mestnoe samoupravlenie = State Power and Local Self-government, 2016, no. 9, pp. 57–62. (In Russ.).

4. Larichev A.A. Municipal Amalgamations in Russia, Finland and Canada: Procedures and Problems of Local Citizens' Involvement. Uchenye zapiski Petrozavodskogo gosudarstvennogo universiteta = Proceedings of Petrozavodsk State University, 2014, no. 1(138), pp. 111–116. (In Russ.).

5. Ezhukova O.A. The modern legislative approach to the legal regulation of the competence of local government bodies. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and Municipal Law, 2015, no. 3, pp. 56–59. (In Russ.).

6. Kosinsky P.D. Transformation of municipalities as a way to equalize budget provision. Munitsipalnaya sluzhba: pravovye voprosy = Municipal Service: legal issues, 2015, no. 2. pp. 6–10. (In Russ.).

7. Shvetsov A.N. Economic rationalization of the choice of spatial parameters of municipalities. Federalizm, 2007, no. 3. pp. 85–92. (In Russ.).

8. Vinnik N.V. Problems of Territorial Organization of Local Government in Russia. Administrativnoye i munitsipal'noye pravo = Administrative and municipal law, 2014, no. 11, pp. 1206–1210. (In Russ.).

9. Vydrin I.V. New tendencies in the territorial organization of local self-government. Rossiiskaya yustitsiya = Russian Justitia, 2012, no. 5, pp. 11–14. (In Russ.).

10. Peshin N.L., Nikitina V.М. Konstitutsionno-legal aspects of change of borders of territories of municipal unions in Russia and Italy. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and Municipal Law, 2014, no. 1, pp. 59-66. (In Russ.).

11. Bazhenova O.I. To the problem of the transformation of municipalities within the framework of the modern concept of spatial development of the economy. Gosudarstvennaya vlast' i mestnoe samoupravlenie = State Power and Local Self-government, 2013, no. 3, pp. 31–35. (In Russ.).

12. Shugrina E.S. Change in the territory of a municipal formation: peculiarities of legal regulation and law enforcement practice. Mestnoe pravo = Local Law, 2015, no. 5, pp. 37–47. (In Russ.).

13. Praskova S.V. Abolition of municipalities: eligibility criteria. Zhurnal rossiiskogo prava = Journal of Russian Law, 2011, no. 3, pp. 57–64. (In Russ.).

14. Khudoley D.M., Khudoley K.M. A municipal area or an urban district? Rossiiskii yuridicheskii zhurnal = Russian Juridical Journal , 2015, no. 5, pp. 37–47. (In Russ.).

15. Faseev I.F. Constitutional-law principles for regulating the accounting of the opinion of the population when changing the territories of local self-government. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and Municipal Law, 2009, no. 13, pp. 15–23. (In Russ.).


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For citations:


Blagov Y. Consolidation of municipalities in the newest time. Law Enforcement Review. 2017;1(3):117-124. https://doi.org/10.24147/2542-1514.2017.1(3).117-124

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ISSN 2542-1514 (Print)
ISSN 2658-4050 (Online)