The Right of Local Self-Government to Judicial Protection in the Light of Amendments to the Constitution of 2020 About the Unified System and Functions Public Authorities

Abstract

Problem statement. In connection with the consolidation in Articles 132 and 133 of the Constitution of such new legal definitions for domestic legislation as “unified system of public power” and “public functions”, The problem of bringing the right of local self-government to judicial protection regulated in the current legislation in accordance with the specified amendments to the Constitution of 2020 seems urgent. In addition, taking into account these constitutional innovations, the problem of providing local self-government bodies with the opp ortunity to use the tools of constitutional justice to protect their rights is of undoubted interest. The goals and objectives of the study are related to the systematic legal analysis of various points of view of researchers, the legal positions of the Constitutional Court of the Russian Federation, relevant regulatory legal acts to formulate a set of scientifically sound conclusions and practical recommendations for bringing legislation regulating the right of local self-government to judicial protection in accordance with constitutional innovations on the unity of public authority and public functions state authorities and local self-government bodies.. Methods. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (system-legal, comparative-legal, historical-legal, formal-legal). The application of these methods of scientific research makes it possible to identify the constitutional principles and foundations of the organization and activities of public authorities, intra-system connections and legal mechanisms of their interaction, public functions that determine the patterns and trends in the development of individual legal institutions of municipal law, including the right of local self-government to judicial protection. Brief Conclusions. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (system-legal, comparative-legal, historical-legal, formal-legal). The application of these methods of scientific research makes it possible to identify the constitutional principles and foundations of the organization and activities of public authorities, intra-system connections and legal mechanisms of their interaction, public functions that determine the patterns and trends in the development of legislation regulating the right of local self-government to judicial protection. The theoretical and methodological and scientific and practical issues of the formation and development of the methodology of the formation of the right of local self-government to judicial protection are disclosed. The assessment and forecasts of the evolution and systematization of this right in the constitutional legislation in accordance with the constitutional innovations of 2020 are given. In the constitutional and legal aspect, the proposals on the protection of local self-government bodies of their rights in the Constitutional Court are analyzed.