On the definition of the competence of local self-government in the new Federal Law on Local Self-Government
https://doi.org/10.52468/2542-1514.2026.10(1).25-35
Abstract
Currently, the issues of defining the competence of local self-government are once again very relevant. This is due to the adoption and partial entry into force of the new Federal Law No. 33-FZ dated March 20, 2025 "On the General Principles of Organizing Local SelfGovernment in the Unified System of Public Authority" (hereinafter referred to as Federal Law No. 33). The issues of competence of local self-government are defined by Chapter 4 of Federal Law No. 33 in a very contradictory way.
This article discusses the main problems of determining the competence of local selfgovernment in connection with the adoption of the new Federal Law No. 33. The author makes an attempt to trace exactly how the subjects of local government, including issues of local importance, the powers of local governments and their individual types, were reflected in Federal Law No. 33. The article also raises the problems of determining the procedure for the redistribution of powers between local governments and state authorities of the subjects of the Russian Federation, and the exercise by local governments of certain state powers. These problems are presented in a comparison of the provisions of the new Federal Law No. 33 with the old Federal Law No. 131-FZ dated October 6, 2003 "On General Principles of the Organization of Local Self-Government in the Russian Federation" (hereinafter Federal Law No. 131).
These issues are considered in the article using the formal legal method, methods of comparative legal and historical analysis of federal laws regulating certain elements of the competence of local government, as well as synthesis in the preparation of conclusions and proposals based on this analysis.
Based on the above, the article concludes that the new Federal Law No. 33 covers issues of competence of local self-government and its individual elements much worse than in the old Federal Law No. 131. In the future, Federal Law No. 33 should reflect the definition of the competence of local self-government and return issues of local importance provided for by the Constitution of the Russian Federation and which are the main subjects of local self-government. The mechanism of redistribution of powers between local selfgovernment bodies and state authorities of the subjects of the Russian Federation raises big questions from the point of view of its compliance with the Constitution of the Russian Federation in terms of limiting the independence of the population of the municipality and local self-government authorities to resolve issues of local importance. In addition, Federal Law No. 33 also needs to return the definition of the constitutional concept of certain state powers that can be vested in local governments, as well as individual guarantees of the procedure for their implementation.
About the Author
M. Y. Dityatkovsky
Kutafin Moscow State Law University (MSAL);
Dostoevsky Omsk State University
Russian Federation
Russian Federation
Mikhail Y. Dityatkovsky – Doctor of Law, Associate Professor; Professor, Department of Constitutional and Municipal Law; Professor, Department of State and Municipal Law
9, Sadovaya-Kudrinskaya ul., Moscow, 125993
55a, Mira pr., Omsk, 644077
ResearcherID: W-2788-2019
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For citations:
Dityatkovsky M.Y. On the definition of the competence of local self-government in the new Federal Law on Local Self-Government. Law Enforcement Review. 2026;10(1):25-35. https://doi.org/10.52468/2542-1514.2026.10(1).25-35
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