Abstract

The subject. The article is devoted to the analysis of decisions of the Constitutional Court of
 Russia concerning the economic basis of local government in Russia in order to demonstrate
 the special role of its legal positions in ensuring and protecting the economic foundations
 of local self-government in the Russian Federation. The subject of the article is legal acts
 and decisions of the Constitutional Court of Russia devoted to the economic foundations of
 local self-government in Russian Federation.
 The aim of the article is to confirm or disprove the following hypothesis. As it seems from
 the practice of the Constitutional Court of Russia, the existing system of implementing the
 regulatory framework of the economic basis of municipalities in Russia is unsatisfactory,
 while the Constitutional Court of Russia, through the development of its legal positions,
 smoothes out the negative aspects and sets up legislative and executive authorities to create the necessary conditions for the development of local government and to ensure its
 economic and organizational independence. The methodology. The authors apply general scientific methods of comparative, logical and
 statistical research, as well as analysis of Russian law enforcement and judicial practice in
 the field of local self-government.
 The main results, scope of application. Despite the provisions of the European Charter of
 Local Government on the right of local governments to possess sufficient own financial resources, the reality shows a very deplorable picture of the formation of the regulatory
 framework of the economy of municipalities in Russia. The existence of very heterogeneous
 judicial practice, primarily arbitration, makes the situation worse. In this regard, a special
 role in protecting the economic foundations of local government is assigned to the Constitutional Court of Russia.
 Conclusion. The issues of legal regulation of the economic basis of local government need increased attention of the state and urgently require a deliberate change, primarily in the form
 of developing a federal state policy, taking into account the practice already developed by the
 Constitutional Court of Russia. It is the highest federal body of constitutional justice that often
 acts as the last bastion of protecting the economic potential of local government.

Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call