Местное самоуправление в Конституции и федеральных законах России: опыт 30-летнего сосуществования

Abstract

Abstract: Introduction. This year marks 30 years since the adoption and entry into force of the Constitution of the Russian Federation. During this period, the constitutional and legal framework for the normative consolidation of local self-government in Russia was changed three times, while the text of the country’s Basic Law itself remained unchanged until 2020. Thus, along with invariability of the text of the Constitution, the “substantive” sectoral legal foundations of local self-government were in constant dynamics. According to the author of the study, this phenomenon requires historical and legal research to identify the positive and negative aspects of such development of the regulatory framework for their subsequent consideration by the federal legislator when forming the developing regulatory framework of the unified system of public authority.
 Methodology. When working on the text of the study, the author used comparativelegal, historicallegal, analytical, formal legalmethods, statistical data analysis and other methods, which ultimately made it possible to formulate the main results and conclusions.
 Results.On the basis of the author’s analysis of certain provisions of federal laws, the practice of the Constitutional Court of the Russian Federation, main historical events over the past 30 years, the conclusion is made that the federal legislator does not have a complete understanding of what local government is, on what substantive, organizational, economic and other foundationsthe constitutional and legal model of local self-government in the Russian Federation must be implemented. All previously used legislative models for the enforcement of constitutional provisions on local self-government in Russia did not have any continuity and each time represented a new, to a great extent “revolutionary” approach to the organization of local self-government in the territories, moving citizens away from direct participation in its implementation, with simultaneous strengthening of the “state”,primarily of regional influence on the order of local selfgovernment in specific municipal territories.