Правовое регулирование муниципальной нормотворческой деятельности

Abstract

The article considers the common characteristics of basic normative legal acts governing the issues of municipal rule-making process. The Constitution of the Russian Federation, in accordance with the rules of the European Charter of local authorities, establishes the fundamentals for the legal regulation of municipal rule-making process. The federal legislator, taking into account the constitutional provisions, establishes the principal provisions of municipal rule-making process in the Federal Law of the Russian Federation October 6, 2003 "On General Principles of the Organization of Local Self-Government in the Russian Federation". However, it is essential to adopt a special federal act in order to regulate the municipal rule-making process properly. Since January 1, 2006 legislative capacity of the constituent entities of the Russian Federation, namely in the sphere of municipal rule-making process, has been considerably reduced. The legislator of the constituent entity is restricted in regulating the issues of municipal rule-making process. In addition, municipalities have to resolve many issues of norm-setting activities independently. Undoubtedly, they are guided by the statute of municipalities adopted in accordance with federal and regional legislation. At the same time, it is necessary to adopt a municipal act that could regulate the whole range of issues of municipal rule-making process. This act should contain norms about the concept and characteristics of the stages of municipal rule-making process, the types of subjects of norm-setting activities and their acts, the hierarchy of municipal normative legal acts, and legal service. Having analyzed the basic norms of municipal rule-making process, the authors are able to suggest a layout of the provision on municipal rulemaking process. Thus, the development and adoption of this provision will result in more effective municipal rule-making process.