How can municipal control ensure the security of the urban environment? Reform of control‐supervision activities and judicial practice
https://doi.org/10.24147/2542-1514.2019.3(1).86-99
Abstract
The subject. The article discusses the current model of municipal control in Russia, analyzes the relevant regulations and judicial practice.
The purpose of the article is to confirm or refute the hypothesis that municipal control can be effective from the standpoint of ensuring the security of the urban environment.
The methodological basis of the study includes general‐scientific methods (analysis and synthesis, system‐structural approach) as well as academic methods (formal‐legal method, method of interpretation of legal acts).
Results and scope of their application. The quality parameters of the urban environment are closely related to the issues of local importance, for the solution of which the local authorities are responsible; secondly, safety is one of the criteria for assessing the quality of the urban environment, so the local authorities should have tools to influence its improvement. One of such instruments is municipal control exercised by local governments or their officials. De facto municipal control smoothly flows from the sphere of public relations into the sphere of civil law relations due to the control functions of the owner of his property. This may affect not only the concept of municipal control, but also the features of the de‐ limitation of municipal control from related types of state control (for example, in the field of land control, etc.). The analysis of normative acts and the existing judicial practice allows to conclude that the existing concept of municipal control is a gap and internally contradictory. It leads to a diminution of the control activities of local governments, inefficient spending of budget funds. In addition, this means that local governments do not have effective mechanisms to ensure the security of public spaces.
Conclusions. The article refutes the hypothesis of the effectiveness of municipal control in Russia from the standpoint of ensuring the safety of the urban environment. Local governments, as a full‐fledged and equal variety of public authorities should have a mechanism for the implementation of municipal control, especially in terms of compliance with the requirements established in municipal regulations. This is particularly important for the security of the urban environment.Keywords
Municipal control,
control‐supervision activities,
urban environment,
urban space,
security,
landscaping,
passenger transportation
Supporting agencies: Russian Foundation for Basic Research
About the Author
Ekaterina S. Shugrina
Kutafin Moscow State Law University (MSAL), Moscow;
Russian Presidential Academy of National Economy and Public Administration (RANEPA), Moscow
Russian Federation
Doctor of Law, Professor, member of Presidential Council on Local Self‐Government Development, Professor, Department of Constitutional and Municipal Law, Director, Center for the Support and Maintenance of Local Self‐Government Bodies, Higher School of Public Administration. RSCI SPIN‐code: 4120‐8693; AuthorID: 484215.
Russian Federation
Doctor of Law, Professor, member of Presidential Council on Local Self‐Government Development, Professor, Department of Constitutional and Municipal Law, Director, Center for the Support and Maintenance of Local Self‐Government Bodies, Higher School of Public Administration. RSCI SPIN‐code: 4120‐8693; AuthorID: 484215.
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Review
For citations:
Shugrina E.S. How can municipal control ensure the security of the urban environment? Reform of control‐supervision activities and judicial practice. Law Enforcement Review. 2019;3(1):86-99. https://doi.org/10.24147/2542-1514.2019.3(1).86-99
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