Organization Of Local Self-government Research Articles

Территориальное общественное самоуправление: история и современность, перспективы совершенствования законодательства

The article examines, taking into account the amendments and additions made to the Constitution of the Russian Federation in 2020, the key characteristics of territorial public self-government, history of the development of legislation regulating social relations related to it, starting with the provisions of the USSR Law “On the general principles of local self-government and local economy in the USSR” of 1990, the Law of the RSFSR “On Local Self-Government in the RSFSR” of 1991, the federal laws “On the General Principles of Organization of Local Self-Government in the Russian Federation” of 1995 and 2003. The legal positions of the Constitutional Court of the Russian Federation related to territorial public self-government are also analyzed. Various points of view of legal scholars on the relationship between local self-government and territorial public self-government are studied. The subject of this study is also the right to exercise territorial public self-government and the article concludes this legal possibility is inherently a fundamental right within which the constitutional right to exercise local self-government is exercised. In addition, the author came to the conclusion the institutions of territorial public self-government should be given the status of public legal entity.

Local self-government bodies in the process of municipal reform: trends and patterns of development

The article is devoted to the study of the development patterns of the local government system in the Russian Federation. The submission to the State Duma of the Russian Federation of the draft Federal Law «On the general principles of the organization of local self-government in the unified system of public authority» in December 2021 means the preparation of a new stage of municipal reform and makes it relevant to study long-term changes in the institutional organization of local self-government. The purpose of the study is to analyze changes in the structure of local self-government bodies and the rules of their formation at each stage of the development of this institution, as well as to identify the main patterns of this process. The analysis of the legislative base regulating the structure and rules of formation of local self-government bodies has been carried out. The data related to the development of the local government system provided by the Ministry of Justice of the Russian Federation were analyzed. It is shown that the structure of local self-government bodies has not undergone significant changes. However, there have been changes in the ways of forming local self-government bodies, which reflect the trend towards their loss of institutional independence and integration into a single system of public power. This trend appeared at the stage of implementation of the Federal Law on Local Self-Government in 2003 and was consolidated in the new Draft law on Local self-government submitted to the State Duma of the Russian Federation in 2021. It is concluded that there is a tendency to increase the dependence on federal and regional legislators of local self-government bodies. For the institute of heads of municipalities, the loss of institutional independence was clearly manifested by the introduction of the procedure for electing heads by competition, displacing both election at municipal elections and election from the Council of Deputies. The formation of representative bodies, having passed the stage of delegating deputies to higher levels, returns to the model of direct elections. However, this happens in the context of the rejection of a two-tier system of local self-government.

Межмуниципальное сотрудничество в аспекте преобразований территориальной основы местного самоуправления

The article notes that the territorial organization of local self-government in Russia determines the need for horizontal interaction or inter-municipal cooperation. At the same time, it is proved that the implementation of various forms and types of inter-municipal cooperation cannot be assessed as sustainably effective, some gaps in the legal regulation of the status of associative inter-municipal associations are noted. The author substantiates the urban or urbanized nature of the absolute majority of unions and associations of municipalities. The individual advantages and disadvantages of agglomerations are evaluated. The assumption is made that the fundamental basis of inter-municipal cooperation is the legal personality of its participants and the corresponding conclusions are formulated about the importance of inter-municipal cooperation for the transformation of the territorial basis of local self-government.

Правовое регулирование местного самоуправления в России и Аргентине

The article examines the legal basis for the organization of local self-government in two federal states — Russia and Argentina. It has been established that these countries have different approaches to the issue of distribution of powers between the federal center and regions in terms of regulating the activities of municipal authorities. This is largely due to the historical features of the development of federalism in Russia and Argentina. A distinctive feature of the Argentine approach is also that some municipalities may independently determine their own municipal regime within constitutionally established limits.

MUNICIPAL PUBLIC POLICY IN THE CONTEXT OF LOCAL GOVERNMENT REFORM

The article presents an analysis of the main novelties of the reorganization of local self-government related to the proposed draft law No. 40361-8 "On the general principles of the organization of local self-government in a unified system of public power" through the prism of the phenomenon of public policy. The latter is a framework concept related to the civil competencies of state/municipal management, the quality and level of public activity of civil society, which allows influencing the adoption of socially significant decisions. Municipal public policy is more based on the use of tools of intersectoral social partnership, which contributes to building a public dialogue of all active parties of the local community and the formation of an "agenda". The reform proposed by the bill "centralizes" local self-government, significantly changing the principles of its territorial and organizational structure, enlarging municipalities by abolishing the settlement level. The multilayered concept of municipal public policy allows us to judge the optimal ratio of political and administrative properties of state and municipal authorities, combining administrative regulation and the use of forms of public participation of the population. From the point of view of the interests of the development of civil self-organization and "grassroots" public initiatives, the desire to make local self-government bodies the lower level of state power through the concept of "unity of public power" is undoubtedly alarming, which can lead to its administratization, affect the quality of the implementation of the principles of municipal public policy, reduce the opportunities for the subjective formation of an increasingly complex society.

СУБРЕГИОНЫ В ПРОСТРАНСТВЕННОЙ ОРГАНИЗАЦИИ РЕГИОНОВ РОССИЙСКОЙ ФЕДЕРАЦИИ

In recent years, a number of factors have emerged significantly focused attention on the problems and prospects for the development of Russian local self-government. This is the order of the President of the Russian Federation V.V. Putin regarding the preparation of the new foundations for state policy in the field of local self-government; the introduction of a draft law on the general principles of local self-government organization in the country and, finally, the active dissemination of new forms of territorial structuring in the regions, such as agglomerations, economic zoning, various subregional entities, etc. All these tendencies relate to possible modifications in the activities of local self-government institutions. Using the example of a number of regions of Russia, the article examines the attempts of the subjects of the Federation to make certain changes in the interregional territorial structure and management of economic and social processes in order to ensure full and effective use of the municipal level potencial and the advantages of intermunicipal cooperation. Such innovations, in particular, are implemented as the formation of special subregions, which represent a territorial and economic phenomenon that is formed outside agglomerations and that establishes a system of sustainable intermunicipal economic interactions.

Legal Foundations of the Local Community in the Russian Federation: Concept, Structure, Forms of Interaction with Local Self-Government Bodies

Introduction. In the light of the constitutional innovations of 2020 regarding the legal regulation of civil society as a whole, and in particular of its individual public law institutions, as well as the legal position of the Constitutional Court, formulated in a number of its resolutions and definitions, regarding the recognition of the local community as a source and subject of local self-government, the problem of legalization seems urgent the legal definition of “local community” in the current legislation. Theoretical Basis. Methods. The methodology of the study is largely determined by its goals, the main of which is to formulate a set of scientifically based conclusions about the concept based on a systematic legal analysis of various points of view of researchers, the legal positions of the Constitutional Court of the Russian Federation regarding the place and role of the local community in the system of local self-government as its source and subject of implementation, the structure of the local community and the forms of its interaction with local self-government bodies and on their basis to develop practical recommendations for improving legislation in this area. 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 determine the structure of the local community as an institution of civil society and a subject of local self-government, to identify intra-system connections, forms of interaction of the local community with local self-government bodies, patterns and trends corresponding to this process. Results. The theoretical, methodological, scientific and practical issues of defining the concept and structure of the local community, as well as the requirements imposed in the legislation to its elements in the face of organized associations of the population of the municipality are disclosed. A methodology has been developed for determining the grounds for classifying the forms of interaction of the local community with local self-government bodies depending on the forms of direct implementation of local self-government by the population, forms of participation of the population in the implementation of local self-government and forms of public control defined in the legislation. The criteria for determining the unity of the forms of interaction between the local community and local self-government bodies, enshrined in the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” and the Federal Law “On the Basics of Public Control in the Russian Federation” in solving issues of local importance, are analyzed. Discussion and Conclusion. The formation of a local community as a public legal institution of civil society, a subject and source of local self-government is a necessary condition on the path of its development as the basis of the constitutional system of the Russian Federation and one of the forms of democracy, which determines the advisability of introducing the legal term “local community” in current federal legislation.

Local self-government in the Russian Federation: the trajectory of conceptual development

The article is devoted to the changes in the conceptual understanding of the institution of local self-government that has been taking place in the last three decades. The submission to the State Duma of the Russian Federation of the Draft Federal Law «On the general principles of the organization of local self-government in the unified system of public authority», which took place at the end of 2021, allows analyzing the trajectory of the development of the institute of local self-government in post-Soviet Russia from the point of view of a more global time and conceptual perspective. The purpose of this work is to identify the trajectory of the development of the conception of local self-government in RF. Research attention is focused on identifying the conception of local self-government formulated in official documents, a gradual change in the conceptual interpretation of this institution. It is shown that the main shiftin the conceptual understanding of local self-government occurs along the axis of institutional independence / institutional dependence of local self-government on state authorities. The development of the conceptual understanding of local self-government in post-Soviet Russia proceeds along the trajectory from a public concept (local self-government as an independent activity) to a state one (local self-government as a form of exercising power) and to a hyperstate one (local self-government as a link in a unified system of exercising authority).

SELECTED ASPECTS OF TERRITORIAL ORGANIZATION OF LOCAL SELF-GOVERNMENT

Changes are constantly being made to legislation regarding the establishment of types of municipalities. Features and problems of the territorial organization of local government in the Altai Territory significantly affect the effectiveness of local government as a whole. The region's settlement system is characterized by processes of compression and rarefaction of space, consolidation and disaggregation of municipalities. The article examines the features and trends of population settlement in the Altai Territory as the basis for the organization of local self-government. The administrative-territorial structure of the region is historically determined by the settlement system. The study analyzed the specifics of the population settlement system and the administrative-territorial structure in the agro-industrial region — Altai. The authors confirm the conclusion that space is being compressed, the number of rural settlements without population is increasing, space is being sparse, and its polarization is increasing. According to the authors, the main factors of population depopulation are primarily economic: unemployment and low wages.

Некоторые размышления по поводу 20-летия Федерального закона «Об общих принципах организации местного самоуправления в Российской Федерации»

Introduction. Legal regulation in the field of local self-government has been carried out by the key Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation" for twenty years. It is periodically criticized due to numerous adjustments, and, after the 2020 amendments to the Russian Constitution, its “resignation” was already predicted. However, the bill prepared to replace it did not stand up to criticism and died out in the State Duma. Against this background, there is a reason to comprehend and evaluate the current law from the standpoint of the relevance of extending its “legal life”. Theoretical analysis. It has been revealed that, from its inception, local self-government has undergone numerous changes dictated by the needs of the state. They are based on the balance of interests of central and local authorities. Historical and legal research has shown the trend during the period of zemstvo reforms in monarchical Russia. After a long Soviet period of oblivion, at the end of the last century there was a revival of local government on the democratic basis. The Basic Law of the State of 1993 reflected the independence of local self-government, as well as not entirely justified rule on the separation of its bodies from state ones, which influenced further legislative regulation that was subject to frequent changes. Results. The clearly manifested desire of the legislator to bring local self-government closer to the general system of government for the coordinated interaction of all levels of government became a logical step towards the constitutional consolidation of the institution of public power. The authors’ conclusion was that under these conditions, the resource of the current Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” is not exhausted.

Some Aspects of the Regulatory Environment of Local Self-Government in Federal Cities

The issues of legal regulation of the organization and functioning of all government bodi es have always been the subject of numerous studies, discussions and even disputes. The rapid new reorganization of the legal foundations of the unified system of public power that started in 2020, having passed the federal and regional level of state power, "stumbled" at the level of local self-government. The draft federal law No. 40361-8 "On General Principles of Organization of Local Self-Government in the Unified System of Public Power", which was submitted to the State Duma of the Russian Fe deration on 16 December 2021, has so far remained at the level of "proposals and comments for the second reading". This allows us to focus on the analysis of problematic issues of the current situation with the legislative basis of local self-government in Russia in order to avoid and take into account in the future existing errors and shortcomings, as well as to improve the current system of legal regulation of local self-government as soon as possible. The Authors of this study attempt to analyze and draw the attention of other researchers, representatives of federal and regional legislative authorities to the existing obvious problems in the legislative regulation of local self-government in federal cities. Specific examples of the texts of the laws of Moscow, St. Petersburg and Sevastopol, allow us to draw disappointing conclusions about the significant abuse by the legislators of these constituent entities of the Russian Federation of their rights to regulate certain issues of organization and functioning of local self-government in the territory of federal cities. Evidently, the existing conflicts should be eliminated as soon as possible and taken into account by the federal legislator in the formation of future legislative framework for determining the specifics of local self-government in federal cities. The current situation seriously affects the principle of direct and immediate effect of the Constitution of the Russian Federation, as well as the priority of federal legislation over regional legislation on issues of joint jurisdiction of the Russian Federation and its constituent entities.

Problems and Prospects for Improving the Territorial Organization of Local Self-Government (On the Example of Municipalities of the Republic of Tyva)

The specificity of the socio-economic and ethno-cultural processes developing on the territory of the Republic of Tyva reflects the objective need for expert and scientific analysis of the problems of managing the territories of municipalities in the region in the general context of the transformation of the system of territorial organization of local self-government in Russia. The purpose of this study is to develop practical recommendations for improving the territorial organization of local self-government in the Republic of Tyva. In the article, based on the application of general scientific methods (logical method, comparative analysis and a systematic approach), the features of the territorial structure of local self-government in the Republic of Tuva are investigated, and the main problems of spatial and territorial development of municipalities are identified. A general conclusion is made that the republican government bodies, in cooperation with municipalities, need to jointly develop a draft “road map” for the transition to a single-level system of local self-government, taking into account the opinion of the population and repre-sentatives of the expert community. The author proposes a project of territorial reforms of local self-government in the region and gives a preliminary assessment of possible management decisions to transform the boundaries of the municipalities of the Tyva Republic (projected changes in population, area of municipalities, administrative and managerial effects, etc.).

Problems on the path of formation of local self-government in France

The article is devoted to defining the peculiarities of the genesis of local self-government in France. The peculiarities of the formation of local self-government in the countries of continental law, in particular France and Ukraine, are determined. A superficial comparative analysis of the implementation of the powers of local self-government bodies in Ukraine and France at various stages of the countries’ development was conducted. The article states that the then French system of local self-government did not fully implement the principle of electability of all bodies and officials of local self-government, and at the end of the XIX century. this criterion was considered the main characteristic of administrative decentralization and began to be applied even to departmental self-government. It was noted that French society actively discussed the issue of the direction of the further development of the local self-government system. The scientific article contains information about forms of self-government similar to France in Belgium and Italy; in comparison with England, the state system of France should be considered not a democracy, but a bureaucracy. The article mentions the French revolution, the struggle against regionalism, the elimination of provinces and the creation of a new system of districts. The strengthening of the regionalization process, which went into decline only by the middle of the 20th century, is analyzed. The constant interest in the system of local self­government in France, especially the period of the French Republic, when a model of local self-government with broad representation, based on secret, universal, equal suffrage, was first proposed (during the 19th - early 20th centuries in Europe) is emphasized. The article states that the attitude towards the French model of local self-government depended on the perception of France itself, which sometimes led to a distorted perception of its organization of local self-government. The tendency is especially noticeable in the works of German political scientists and legal scholars. It was determined that the concepts of local self-government and decentralization of power were not distinguished and detailed in France, so due to the confusion of terms during administrative decentralization, the development of the system of self-government as a political institution of language in France was somewhat behind. It was established that the negative attitude towards the French system of local government, which developed during the period of the second monarchy and was supported by German jurists and political scientists, persisted even after the reform of 1871.
 It was concluded that the development and formation of local self-government in France had its own problems, but this did not prevent it from arriving at an effective both legislative and practical model of the exercise of powers by local self-government bodies.

Местное самоуправление в Конституции и федеральных законах России: опыт 30-летнего сосуществования

Abstract: Introduction. This year marks 30 years since the adoption and entry into force of the Constitution of the Russian Federation. During this period, the constitutional and legal framework for the normative consolidation of local self-government in Russia was changed three times, while the text of the country’s Basic Law itself remained unchanged until 2020. Thus, along with invariability of the text of the Constitution, the “substantive” sectoral legal foundations of local self-government were in constant dynamics. According to the author of the study, this phenomenon requires historical and legal research to identify the positive and negative aspects of such development of the regulatory framework for their subsequent consideration by the federal legislator when forming the developing regulatory framework of the unified system of public authority.
 Methodology. When working on the text of the study, the author used comparativelegal, historicallegal, analytical, formal legalmethods, statistical data analysis and other methods, which ultimately made it possible to formulate the main results and conclusions.
 Results.On the basis of the author’s analysis of certain provisions of federal laws, the practice of the Constitutional Court of the Russian Federation, main historical events over the past 30 years, the conclusion is made that the federal legislator does not have a complete understanding of what local government is, on what substantive, organizational, economic and other foundationsthe constitutional and legal model of local self-government in the Russian Federation must be implemented. All previously used legislative models for the enforcement of constitutional provisions on local self-government in Russia did not have any continuity and each time represented a new, to a great extent “revolutionary” approach to the organization of local self-government in the territories, moving citizens away from direct participation in its implementation, with simultaneous strengthening of the “state”,primarily of regional influence on the order of local selfgovernment in specific municipal territories.

Russian Federalism and Local Self-Government: Correlation Trends and Development Prospects

The issues of correlation and development of Russian federalism and local self-government in the conditions of building and strengthening a unified system of state power in modern Russia are considered. Based on the analysis of the current legislation and practice of the Constitutional Court of the Russian Federation, the "main" trends in the development of local self-government in the conditions of the constant development of Russian federalism and the building of a unified system of public power in Russia are revealed. It is shown that the federal foundations of the formation of the legal framework for the organization of local self-government are marked by a significant "tilt" towards the provision by the federal legislator to the regional authorities of a broad degree of independence in determining the "normative" features of the functioning of local self-government on the territory of the subject of the Russian Federation. The necessity of a more attentive attitude to the "embedding" of municipal power into the vertical of a unified system of public power, preserving the importance and necessary independence of local self-government in the system of formation and development of federal relations at the present stage of our state is proved. Otherwise, we may lose the identity of the local level of government not only in the system of state power, but also in the system of the Russian federalism model that has been established for more than 30 years.

To the question of the need to strengthen the role of municipal administration in the realization of spatial potential of small enterprises

The sector of small and medium-sized enterprises (SMEs) traditionally refers to potential points of innovative growth that can play a key role in the modernization of the national economy. The current transition to spatial research has led to the study of new aspects. The publication reveals the features of the implementation of the spatial potential of small and medium-sized enterprises in terms of resource capabilities and the quality of public administration at the regional and municipal level. This aspect is relevant in view of the upcoming reform of local self-government, which implies significant qualitative changes in the management system. The purpose of the study is to substantiate the need to strengthen the role of municipal management in the spatial development of small enterprises as a result of the planned reform of local selfgovernment. The paper presents the updated author's structuring of the economic space on the basis of existing documents of a strategic nature. The main directions of regulating the spatial development of SMEs are analyzed on the example of the Samara region (allocation of priority regions and territories, development of depressed territories, development of non-agglomeration territories, cluster interaction), as well as gaps in regulation and support at the municipal level are identified. An updated list of strategic documents on the development of small enterprises operating in the Samara region has been compiled. The spatial and territorial organization of small enterprises is reflected in the documents of the Samara region. Legislative innovations are aimed at more active involvement of the municipal level of public authorities in the development of the local economic space. The proposed powers of the public authority at the municipal level include its own, redistributed and voluntary. However, the issues of resource provision of the powers proposed for implementation come first. Based on the results of the work, a number of additions to the draft law On the general principles of the organization of local self-government in a unified system of public authority concerning the municipal level of regulation and support of SME activities have been substantiated. By way of discussion, the article assesses the possible impact of the main innovations proposed in the draft law on the activities of SMEs.

Местное самоуправление в постсоветский период: институциональные аспекты эволюции

The aim was to study the evolution of the institute of local self-government in the post-Soviet period of Russia's development. The research methods were content analysis of the messages of the President of the Russian Federation and work with archival materials. As a result of the analysis of the selected types of sources, the hypothesis was confirmed that the establishment of local self-government in the mid-1990s in a radical form in the form of separation from the public administration system was situationally political in nature, meeting the interests of the municipal elite. The political force that made the separation of local self-government bodies from the system of state power, the dominant discourse, became the municipal elite. Having provided support to B. in the summer and autumn of 1993. In opposition to Yeltsin with the Supreme Soviet, she received in return the maximum independence on the ground, which was fundamentally important for her in the conditions of unfolding privatization. At the same time, it was protected from control "from above" by the status of local self-government, isolated from the state structure, and there could be no control "from below", due to the absence of the middle class. The inconsistency of this form of organization of local self-government with the basic socio-economic parameters predetermined the further evolution of this institution in the direction of inclusion in the system of public power and strengthening of state control. Thus, this evolution was not a consequence of the central government's voluntaristic desire to spread authoritarian trends to the lower "floors" of management, as foreign authors often write, but a completely natural process. A particular conclusion of a methodological nature is also made that studies of the evolution of local self-government in the post-Soviet period demonstrate the limitations of a institutional approach that absolutizes the role of institutions in solving problems of social development.

К ВОПРОСУ О ПРЕОБРАЗОВАНИИ ЗАКРЫТЫХ АДМИНИСТРАТИВНО-ТЕРРИТОРИАЛЬНЫХ ОБРАЗОВАНИЙ В ФЕДЕРАЛЬНЫЕ ТЕРРИТОРИИ

The article proposes to evaluate the possible consequences of the transformation of closed administrative-territorial formation (CATFs) into federal territories. Th e author comes to the following conclusions. Giving CATF the status of a federal territory will make it possible to more accurately determine its place in the territorial structure of Russia, eliminating the current duality of its legal nature (as an administrative-territorial entity and as a municipal entity). The withdrawal of the CATF territory from the territory of a subject of the Russian Federation will solve the problem of the mismatch between the borders of CATFs and regions, but the procedure for creating, transforming and abolishing CATFs will not change signifi cantly. Within the framework of the federal territory of a closed type, it will be possible to form a completely new system of state bodies. Th e author proposes to create a single centralized system managed by the head of a CATF, accountable to the relevant department. At the same time, territorial bodies of federal authorities can be retained on the territory of CATFs only if necessary. In terms of the organization of local self-government, it is proposed to abandon the identity of the territory of a CATF and the territory of the municipality. Either smaller municipalities within a closed federal territory should be created, or the structure of a municipality can be completely abandoned, providing fi nancing the activities of local governments at the expense of the budget of the federal territory. As a result, the author comes to the conclusion that a closed federal territory is able to more effectively provide a special regime for the safe functioning of organizations and objects.

Direct Electability, Competence and Responsibility as the Basis for the Long-Term Development of Local Self-Government in Russia

The issues of legal regulation of local self-government in the Russian Federation have been the subjects of numerous studies and discussions for a long time, while their intensity and relevance not only does not decrease, but also increases from year to year. In many ways, this is due to the fact that over the 30-year period of modern Russian history, the legislation on local self-government and its law enforcement practice is characterized by an extreme degree of dynamism and uncertainty, which certainly affects the quality of organization and functioning of this level of public authority. The meeting of the Council for the Development of Local Self-Government under the President of the Russian Federation, held on April 20, 2023, once again showed the existence of issues and the need for the authorities to find the optimal model of regulatory regulation of municipal government and the extreme imperfection of the provisions of draft law No. 40361-8 “On the general principles of the organization of local self-government in a unified system of public power”, which undoubtedly causes the need for scientific understanding and development of relevant proposals. Based on the historical and legal analysis of the development of the provisions of federal legislation on local self-government, the established constitutional and legal judicial practice, the experience of direct professional activity in local self-government bodies, the Author concludes that the federal legislator over the past 30 years of the existence of local self-government in our state has not only failed to definitively determine the basic legal provisions of the foundations local self-government, constantly “ranking” them and changing them, but it also significantly modified the originally laid down constitutional and legal essence of local self-government as a form of direct participation of citizens in solving issues of the territory of their residence. In this regard, the Author of the study suggests several “fundamental” provisions that will allow us to return to the constitutional and legal format of local self-government, laid down in the early 1990s. It seems that taking into account and consolidating the proposed foundations in the formation of a promising legal regulation of local self-government within the framework of building a unified system of public authority in our state will not only eliminate obvious “excesses” in the current system of legal regulation, but also fully provide a basis for effective interaction of bodies of a unified system of public authority in the interests of the population of the relevant territory.

LEGAL ANALYSIS OF THE FORMATION AND DEVELOPMENT OF LOCAL SELF-GOVERNMENT IN THE REPUBLIC OF KAZAKHSTAN

Local self-government is the foundation of national statehood. It is at the local level that many socio-economic tasks can be successfully solved and real conditions created to ensure sustainable growth and well-being of the population. Being a social state, the Republic of Kazakhstan has an original experience in the formation and development of a municipal government system built on the significant influence of the people's representation. The analysis of the peculiarities of its formation, the results of which are reflected in the text of the article, contains new scientific knowledge that has the prospect of practical approbation in improving legislation on the basics of local self-government. Comparing the doctrinal positions expressed in the Kazakh and foreign legal press, it was possible to identify the presence of common problems in the organization and activities of local self-government bodies in various states. The purpose of the study was to form a set of scientifically based recommendations characterizing the directions of development of legal support for the functioning of local self-government. Using the results obtained experimentally, having studied the state of judicial practice reflecting the quality of local self–government in the Republic of Kazakhstan, as well as a set of traditional general scientific and private scientific methods, the authors came to the conclusion that it is possible – in the conditions of convergence of national legal systems - to create a general concept of the organization of local self-government that has the trust of citizens and is based on a democratic elective form of recruitment. In a state governed by the rule of law, all the essential features of which are enshrined in the Constitution of the Republic of Kazakhstan and implemented in the activities of state authorities, it is this model of local self-government that acquires maximum efficiency.