Некоторые размышления по поводу 20-летия Федерального закона «Об общих принципах организации местного самоуправления в Российской Федерации»

Abstract

Introduction. Legal regulation in the field of local self-government has been carried out by the key Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation" for twenty years. It is periodically criticized due to numerous adjustments, and, after the 2020 amendments to the Russian Constitution, its “resignation” was already predicted. However, the bill prepared to replace it did not stand up to criticism and died out in the State Duma. Against this background, there is a reason to comprehend and evaluate the current law from the standpoint of the relevance of extending its “legal life”. Theoretical analysis. It has been revealed that, from its inception, local self-government has undergone numerous changes dictated by the needs of the state. They are based on the balance of interests of central and local authorities. Historical and legal research has shown the trend during the period of zemstvo reforms in monarchical Russia. After a long Soviet period of oblivion, at the end of the last century there was a revival of local government on the democratic basis. The Basic Law of the State of 1993 reflected the independence of local self-government, as well as not entirely justified rule on the separation of its bodies from state ones, which influenced further legislative regulation that was subject to frequent changes. Results. The clearly manifested desire of the legislator to bring local self-government closer to the general system of government for the coordinated interaction of all levels of government became a logical step towards the constitutional consolidation of the institution of public power. The authors’ conclusion was that under these conditions, the resource of the current Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” is not exhausted.