Accessible environment in municipalities of the Russian Federation
https://doi.org/10.52468/2542-1514.2023.7(4).96-105
Abstract
The subject. This article discusses the main issues related to the competence of local governments in the field of providing an accessible environment for the disabled.
Methodology. The paper analyzes the federal legislation regulating the powers of local self-government bodies in the field of providing an accessible environment for the disabled, and discusses the essence of these powers.
Main results, scope of application. The powers of local self-government bodies in the field of providing an accessible environment for the disabled should be considered, first of all, as the powers of the owner.
At the same time, the powers of the owner are not the only powers of local governments in this area. Local self-government bodies participate in activities to ensure that disabled people living on the territory of the relevant municipalities have equal opportunities with other citizens in the exercise of their rights and freedoms provided for by the Constitution of the Russian Federation. Based on this, local self-government bodies should participate in providing an accessible environment for disabled people not only on municipal property, but also on the territory of the municipality as a whole, together with state authorities and organizations.
The second group of powers of local self-government bodies in the field of providing an accessible environment for the disabled can include: (1) the powers of local self-government bodies, which are implemented by them when granting local self-government bodies separate state powers in the field of providing an accessible environment for the disabled; (2) the powers of local self-government bodies, which are implemented by them jointly with the state authorities of the subjects of the Russian Federation at the expense of subsidies from the regional budget as part of the implementation of measures of the state programs of the subjects of the Russian Federation on the accessible environment; (3) the powers of local self-government bodies to participate, together with public organizations of disabled people, in the work on certification of priority facilities and services in priority areas of life of disabled people and other low-mobility groups of the population, carried out by state authorities of the subjects of the Russian Federation.
Conclusions. When considering the issue of the essence of the powers of local self-government bodies in the field of providing an accessible environment for the disabled, based on the analysis of the practice of the Russian Constitutional Court and the Supreme Court, it was revealed that by their nature these powers, as a rule, are neither separate state powers transferred to local self-government bodies for implementation, nor their own powers of local self-government bodies to address issues of local importance.
About the Author
M. Yu. Dityatkovsky
Kutafin Moscow State Law University (MSAL); Dostoevsky Omsk State University
Russian Federation
Russian Federation
Mikhail Yu. 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
55а, Mira pr., Omsk, 644077
ResearcherID: W-2788-2019
References
1. Rakhimli A.P. Features of the constitutional and legal status of disabled people in the Russian Federation, Cand. Diss. Moscow, 2007. 264 p. (In Russ.).
2. Brizetskii S.N. Legislative support of constitutional rights of disabled people in the Russian Federation, Cand. Diss. Moscow, 2012. 221 p. (In Russ.).
3. Lykhina T.A. The rights of persons with disabilities: problems of international legal regulation and interna-tional obligations of the Russian Federation, Cand. Diss. St. Petersburg, 2011. 198 p. (In Russ.).
4. Al’beeva A.Yu. Legal policy in relation to disabled people in Soviet and post-Soviet Russia: historical and legal research, Cand. Diss. Samara, 2017. 248 p. (In Russ.).
5. Il’ina O.M. The constitutional right to basic general education and guarantees of its implementation by dis-abled children in the Russian Federation, Cand. Diss. Saratov, 2010. 176 p. (In Russ.).
6. Ushankov I.V. Constitutional and legal guarantees of the right to education of children with disabilities and children with disabilities in a social, legal state, Cand. Diss. Moscow, 2015. 184 p. (In Russ.).
7. Chepurnoi A.G. Constitutional and legal regulation of the state policy of the Russian Federation in the field of social protection of combat invalids, Doct. Diss. Moscow, 2006. 512 p. (In Russ.).
8. Antip’eva N.V. Legal regulation of social protection of disabled people in the Russian Federation, Cand. Diss. Omsk, 2000. 245 p. (In Russ.).
9. Yasyreva I.N. Social security law on complex rehabilitation of disabled people, Cand. Diss. Perm, 2007. 223 p. (In Russ.).
10. Zhavoronkov R.N. Legal regulation of labor and social security of disabled people in the Russian Federation, Doct. Diss. Moscow, 2014. 495 p. (In Russ.).
11. Rocheva Ya.S., Svintsov A.A., Raduto V.I. The “person with disabilities” term from the standpoint of the modern disability model. Sotsial'noe i pensionnoe pravo = Social and Pension Law, 2021, no. 2, pp. 38–44. (In Russ.).
12. Shestakov V.P., Svintsov A.A., Chernyakina T.S., Raduto V.I. The main areas for improvement of the laws of the Russian Federation pursuant to the requirements of the convention on the rights of persons with disabilities. Sotsial'noe i pensionnoe pravo = Social and Pension Law, 2019, no. 2, pp. 37–42. (In Russ.).
13. Shestakov V.P., Svintsov A.A., Raduto V.I., Rad’kova E.A., Chernova G.I. Contemporary aspects of legal regulation in the sphere of social protection of invalids in the Russian Federation. Sotsial'noe i pensionnoe pravo = Social and Pension Law, 2013, no. 1, pp. 11–14. (In Russ.).
14. Lebedeva E.P., Minina A.A., Perepadya S.M., Rizk O.A. On State program of the Russian Federation "Avail-able environment" up to 2020: issues of legislation and law application. Sotsial'noe i pensionnoe pravo = Social and Pension Law, 2016, no. 3, pp. 26–30. (In Russ.).
15. Dolinskaya V.V., Dolinskaya L.M. Requirements of barrier-free environment in construction and sources of law. Zakony Rossii: opyt, analiz, praktika, 2016, no. 10, pp. 68–73. (In Russ.).
16. Lavrova Yu.V. Protection of the rights of individuals with disabilities to unimpeded access to social, engi-neering, and transport infrastructure facilities. Zakonnost’, 2018, no. 5, pp. 20–21. (In Russ.).
17. Raduto V.I., Svintsov A.A., Shestakov V.P. The establishment of systems of auxiliary services and personal assistance to people with disabilities to facilitate exercising of their right to independent living: proposals for the improvement of the legal regulation on the federal level. Sotsial'noe i pensionnoe pravo = Social and Pension Law, 2022, no. 1, pp. 50–54. (In Russ.).
18. Raduto V.I., Svintsov A.A., Chernyakina T.S. Organizational, legal and doctrinal aspects of improvement of laws of the constituent entities of the Russian Federation on living a self-sustained life by persons with disabilities within the framework of fulfillment of provisions of the UN Convention on the Rights of Persons with Disabilities and federal laws. Sotsial'noe i pensionnoe pravo = Social and Pension Law, 2022, no. 4, pp. 44–50. (In Russ.).
19. Shestakov V.P., Svintsov A.A., Chernyakina T.S., Raduto V.I. Organizational and legal aspects of regional implementation of the UN Convention on the Rights of Persons with Disabilities. Sotsial'noe i pensionnoe pravo = Social and Pension Law, 2017, no. 4, pp. 42–46. (In Russ.).
20. Shestakov V.P., Svintsov A.A., Chernyakina T.S., Raduto V.I. Some aspects of the judicial practice of general jurisdiction courts within the framework of fulfillment of provisions of the Convention on the Rights of Persons with Disabilities. Administrator suda = Court’s Administrator, 2019, no. 4, pp. 23–27. (In Russ.).
21. Raduto V.I. Administrative-law element of unchecked access of invalids to the objects of social infrastruc-ture. Sotsial'noe i pensionnoe pravo = Social and Pension Law, 2010, no. 4, pp. 23–26. (In Russ.).
22. Sergeev A.A. On powers of local self-government in terms of regulation of site improvement. Konstitut-sionnoe i munitsipal'noe pravo = Constitutional and Municipal Law, 2023, no. 2, pp. 53–59. (In Russ.).
23. Lavrentyeva O.V. The powers of local authorities in the sphere of territory improvement. Rossiiskii yuridicheskii zhurnal = Russian Juridical Journal, 2016, no. 1, pp. 66–70. (In Russ.).
24. Matulov B.N. Delegation of state social powers to local self-government authorities: opportunities and limits. Gosudarstvennaya vlast' i mestnoe samoupravlenie = State Power and Local Self-government, 2020, no. 4, pp. 30–33. (In Russ.).
25. Solomakha D.V. Delimitation of powers of local governments in the implementation of the powers of municipal property owner. Munitsipal'naya sluzhba: pravovye voprosy = Municipal Service: legal issues, 2014, no. 3, pp. 24–26. (In Russ.).
26. Raduto V.I. Municipal-legal aspects of rehabilitation of disabled people. Sotsial'noe i pensionnoe pravo = Social and Pension Law, 2009, no. 4, pp. 19–24. (In Russ.).
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For citations:
Dityatkovsky M.Yu. Accessible environment in municipalities of the Russian Federation. Law Enforcement Review. 2023;7(4):96-105. https://doi.org/10.52468/2542-1514.2023.7(4).96-105
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