Temporary Exercise of Powers as a Measure of Constitutional and Legal Responsibility Applied to State Authorities of Subjects and Local Self-Government Bodies in Russia: Theoretical Problems and Novelties of Legislative Regulation

Abstract

The article analyzes the normative and legal regulation, the legal nature and procedure for the application of two similar sanctions of constitutional and legal responsibility: the temporary exercise by federal public authorities of certain powers of public authorities of subjects and the temporary exercise by public authorities of subjects of the powers of local self-government in Russia. The author concludes that in certain cases, the appropriate sanction acts as a measure of protection, and is applied outside the framework of the committed offense and in the absence of guilt, and in other cases it is a mixed or "double" legal sanction: constitutional and budgetary and financial. It is concluded that it is necessary to improve the procedure for applying this measure of constitutional and legal responsibility, with the mandatory participation of judicial authorities and the establishment of clear legislative criteria for its introduction. The author has identified multiple conflicts between the norms of the current Constitution of the Russian Federation and federal legislation establishing the grounds and procedure for the temporary exercise of powers, as well as between the norms of federal laws No. 131-FZ and 414-FZ and the Budget Code of the Russian Federation, requiring appropriate amendments by the federal legislator. The author also suggests improving the grounds and procedure for introducing the measure of responsibility (protection) in order to clarify the legal criteria for its applying, so that its implementation is possible either on the basis of voluntary consent of the subject's authorities (local self-government bodies) or in case of specific violations of budget legislation.