The Extraterritorial Competence in the Territorial Organization of Public Authorities

Abstract

The modern Russia has seen mixed trends in the territorial organization of the State, constructing and functioning of public authorities. Until recently, virtually all aspects of territorial-power organization of the Russian State were analyzed in the context of the theory of federalism and local government theory. However, Russian and foreign political and legal practices indicate that not all doctrinal design clusters of public Dominion fit into the boundaries of the detailed theories of form of the territorial organization of the State (federalism, regionalism, unitary) and local self-government (local government). The public-imperious mechanism operates not only in the territories, public law entities (Federal State as a whole, the subjects of the Federation, municipalities), but also in other areas (administrative-territorial, administrative units), established by taking into account various, including non-legal factors (so it has been throughout the history of Russian statehood, including monarchical and Soviet periods). The examples of administrative-territorial units in the Russian Federation are Federal districts, administrative (management, educational) district in some subjects of the Russian Federation, territorial development zones, the territory of rapid socio-economic development, Skolkovo Innovation Centre, free port of Vladivostok, Russian Arctic Zone, urban agglomerations, etc. The modern Russia de facto introduces new levels of public authority and public administration - subfederal (interregional), subregional (intermunicipal), submunicipal (intersettlement). In addition, the Russian Federation is a party to a number of intergovernmental institutions, recognizing the jurisdiction of the relevant supranational bodies. In the prevailing realities on one and the same territory, public authorities can simultaneously operate at various levels, as well as non-State actors (including businesses) with separate powers. In this regard, the problem of extraterritorial jurisdiction and inter-level interactions between different public authorities is becoming more topical. The article not only formulates some theoretical judgments on the designated theme, but also the possible directions of doctrinal and enforcement problems (in particular, in relation to the municipal level of publicly-imperious mechanism).