Participation of the highest official of the constituent entity of the Russian Federation in municipal legal relations
https://doi.org/10.24147/2542-1514.2020.4(3).86-102
Abstract
The subject of the research is public relations concerning the execution of the powers of the highest official of the constituent entity of the Russian Federation in the sphere of local self-government.
The aim of the research is substantiating the urgent need for legal regulation of the forms of participation of the highest official of the constituent entity of the Russian Federation in municipal legal relations, systematization of these forms and determining the limits of participation of this official in municipal legal relations.
When setting the aim of the research, the authors proceeded from the fact that the independence of local self-government defined in the Constitution of the Russian Federation is not absolute and unlimited. On the contrary, the Constitution of the Russian Federation and current federal legislation provide the possibility of participation of state authorities, including the highest official of the constituent entity of the Russian Federation, in municipal legal relations.
The research methodology includes general scientific methods, as well as some special ones, such as formal logic, structural analysis, structural-functional and interpretative methods, legal analysis, comparative analysis. The authors analyzed legal regulation in Russia and law enforcement practice
The main results of the research. Theoretical and practical approaches to legal substantiation of the necessity of participation of the highest official of the constituent entity of the Russian Federation in municipal legal relations were formulated. The authors systematized the organizational and legal forms of participation of the highest official of the constituent entity of the Russian Federation in municipal legal relations and analyzed their content. This made it possible to substantiate a set of proposals directly or indirectly aimed at improving this model of public relations within the framework of the concept of the unity of public authority enshrined in the Constitution. The main forms of participation of the highest official of the constituent entity of the Russian Federation in municipal legal relations are: promoting the development of local self-government; interaction with local self-government bodies; participation in the formation of local self-government bodies; application (participation in application) of measures of legal responsibility in respect of local self-government bodies and local self-government officials; temporary exercise of certain powers of local self-government bodies.
Conclusions. According to the special legal status of the highest official in the system of state authorities of the constituent entity of the Russian Federation, the combined potential of all organizational and legal forms of his participation in municipal legal relations undoubtedly allows to increase the effectiveness of public authority. Such participation helps to provide additional guarantees for the implementation of governmental programs for the development of local self-government on the territory of the constituent entity of the Russian Federation, to assist local self-government bodies in resolving local issues and vested certain state powers, to ensure strict observance of the law, rights and freedoms of people on the territory of municipalities.
About the Authors
Oleg A. KozhevnikovRussian Federation
Doctor of Law, Professor;
1 Professor, Department of Constitutional Law,
2 Professor, Department of Constitutional and International Law
Aleksandr N. Meshcheryakov
Russian Federation
PhD in Law, Associate Professor; Head, Department of Philosophy, Foreign Languages and Humanitarian Training of Law Enforcement Officers
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Review
For citations:
Kozhevnikov O.A., Meshcheryakov A.N. Participation of the highest official of the constituent entity of the Russian Federation in municipal legal relations. Law Enforcement Review. 2020;4(3):86-102. https://doi.org/10.24147/2542-1514.2020.4(3).86-102