On the Conceptualization of the Theoretical and Organizational and Legal Foundations of Local Self-Government in the Russian Federation

Abstract

The article explores the evolution of the legislative definition of “local self-government”. It is stated that the meaning of this concept has changed from 1995 to the present. The regulatory and legal establishment of certain issues of organizing the activities of local self-government bodies in the current legislation and the bill developed in pursuance of the constitutional amendments of 2020 are critically comprehended. The bill regulates the general principles of organizing the activities of local self-government in a single system of public power in the Russian Federation. The author explores the issue of distinguishing the concepts of “local self-government” and “local government” based on the emerging trend of integrating the regional level of power into the organization of the activities of local self-government bodies. A new classification of local self-government bodies is proposed on the basis of doctrinal principles developed by pre-revolutionary researchers of local self-government. Some features of the legal status of local self-government officials, forms of interaction between the local level of government and representatives of regional authorities, primarily with the highest official of the constituent entity of the Russian Federation under the new legislation on local self-government, are considered. Special attention is paid to the legal status of the deputy of the representative body of the municipality, the head of the municipality and the head of the local administration of the municipality. The author comes to the conclusion that it is necessary to change the paradigm in relation to the conceptual apparatus in the local self-government system in the context of existing federal relations and legislative novels. Proposals of an organizational and legal nature are made aimed at the functioning of the local self-government system in accordance with the established constitutional postulates and the purpose of a unified system of public power in the Russian Federation.