| Summary: | Background. The work is devoted to the study of the constitutional foundations
of organizing the local self-government in the Russian Federation. Various approaches to
understanding the category of “constitutional foundations” are revealed. The category “constitutional
foundations of local self-government” is studied, their structure and content are
determined. The comparison of the national constitutional foundations of local selfgovernment
with the European approach to the definition of local self-government is carried
out. The approaches of regional legislators to the understanding of local selfgovernment
are analyzed. Local self-government is considered as a part of public power in
Russia. The necessity of reformation of the entire system of legislation on local selfgovernment
is determined. The necessity of creating models of local self-government in the
subjects of the Russian Federation, taking into account the peculiarities of each region, is
emphasized. The purpose of the study is to study the problems of determining the constitutional
foundations of the organization of local self-government in the Russian Federation.
Materials and methods. The work uses dialectical, formal-legal, logical, comparative-legal
and other methods of cognition. Results. The constitutional basis is a set of legal norms,
institutions, principles enshrined in the Constitution of the Russian Federation, which determine
the possibility of legal regulation of the corresponding types of public relations.
The solution to the problem of attributing various legal norms to constitutional norms is,
firstly, to determine the correlation of these norms with the level of social development and,
secondly, to what extent the mechanism of legal regulation through constitutional norms
will be developed in the legislation of Russia, as well as in all areas of law enforcement
practice. Conclusions. The entire system of legal regulation of local self-government should
be formed from the rules of conduct established by the constitutional foundations. The system
of constitutional foundations of local self-government consists of: the public foundations
of legal policy in the field of local self-government, the foundations of the legal status
of local self-government bodies and officials, the foundations of the public division of
spheres of government between state and local self-government bodies, the foundations of
the relationship and interaction of levels of public power (state and municipalnoah). The
development and subsequent development of the concept of local self-government should
be built initially with the definition of its constitutional foundations, which are a system of
legal norms and institutions regulating all types of public relations existing in the organization and activities of municipal public authorities. The hierarchical model of legal regulation of
local self-government in the Russian Federation consists of five constituent elements. The
European Charter of the Local Self-Government is an integral part of the legal system of
Russia and in accordance with it, the Russian model of local self-government was built.
National legislation has its own peculiarities on the regulation of local self-government.
Today, in the course of reforming local self-government in Russia, the continuity of the
approach to defining approaches to the concept of local self-government remains, and an
important sign of local self-government remains that this is an activity where selfmanagement
takes place.
|
|---|