Protection of the economic basis of local self-government in the decisions of the Constitutional Court of Russia
The subject. The article is devoted to the analysis of decisions of the Constitutional Court of Russia concerning the economic basis of local government in Russia in order to demonstrate the special role of its legal positions in ensuring and protecting the economic foundations of local self-governm...
| Main Authors: | , |
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| Format: | Article |
| Language: | Russian |
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Dostoevsky Omsk State University
2020-07-01
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| Series: | Pravoprimenenie |
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| Online Access: | https://enforcement.omsu.ru/jour/article/view/309 |
| _version_ | 1797873983712919552 |
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| author | Oleg A. Kozhevnikov Irina V. Glazunova |
| author_facet | Oleg A. Kozhevnikov Irina V. Glazunova |
| author_sort | Oleg A. Kozhevnikov |
| collection | DOAJ |
| description | The subject. The article is devoted to the analysis of decisions of the Constitutional Court of Russia concerning the economic basis of local government in Russia in order to demonstrate the special role of its legal positions in ensuring and protecting the economic foundations of local self-government in the Russian Federation. The subject of the article is legal acts and decisions of the Constitutional Court of Russia devoted to the economic foundations of local self-government in Russian Federation.The aim of the article is to confirm or disprove the following hypothesis. As it seems from the practice of the Constitutional Court of Russia, the existing system of implementing the regulatory framework of the economic basis of municipalities in Russia is unsatisfactory, while the Constitutional Court of Russia, through the development of its legal positions, smoothes out the negative aspects and sets up legislative and executive authorities to create the necessary conditions for the development of local government and to ensure its economic and organizational independence.The methodology. The authors apply general scientific methods of comparative, logical and statistical research, as well as analysis of Russian law enforcement and judicial practice in the field of local self-government.The main results, scope of application. Despite the provisions of the European Charter of Local Government on the right of local governments to possess sufficient own financial resources, the reality shows a very deplorable picture of the formation of the regulatory framework of the economy of municipalities in Russia. The existence of very heterogeneous judicial practice, primarily arbitration, makes the situation worse. In this regard, a special role in protecting the economic foundations of local government is assigned to the Constitutional Court of Russia.Conclusion. The issues of legal regulation of the economic basis of local government need increased attention of the state and urgently require a deliberate change, primarily in the form of developing a federal state policy, taking into account the practice already developed by the Constitutional Court of Russia. It is the highest federal body of constitutional justice that often acts as the last bastion of protecting the economic potential of local government. |
| first_indexed | 2024-04-10T01:24:45Z |
| format | Article |
| id | doaj.art-2cb6018090ad45a1bddcb1ad08874756 |
| institution | Directory Open Access Journal |
| issn | 2542-1514 |
| language | Russian |
| last_indexed | 2024-04-10T01:24:45Z |
| publishDate | 2020-07-01 |
| publisher | Dostoevsky Omsk State University |
| record_format | Article |
| series | Pravoprimenenie |
| spelling | doaj.art-2cb6018090ad45a1bddcb1ad088747562023-03-13T09:40:21ZrusDostoevsky Omsk State UniversityPravoprimenenie2542-15142020-07-0142738410.24147/2542-1514.2020.4(2).73-84248Protection of the economic basis of local self-government in the decisions of the Constitutional Court of RussiaOleg A. Kozhevnikov0Irina V. Glazunova1Dostoevsky Omsk State University, Omsk; Ural State University of Economics, YekaterinburgDostoevsky Omsk State University, OmskThe subject. The article is devoted to the analysis of decisions of the Constitutional Court of Russia concerning the economic basis of local government in Russia in order to demonstrate the special role of its legal positions in ensuring and protecting the economic foundations of local self-government in the Russian Federation. The subject of the article is legal acts and decisions of the Constitutional Court of Russia devoted to the economic foundations of local self-government in Russian Federation.The aim of the article is to confirm or disprove the following hypothesis. As it seems from the practice of the Constitutional Court of Russia, the existing system of implementing the regulatory framework of the economic basis of municipalities in Russia is unsatisfactory, while the Constitutional Court of Russia, through the development of its legal positions, smoothes out the negative aspects and sets up legislative and executive authorities to create the necessary conditions for the development of local government and to ensure its economic and organizational independence.The methodology. The authors apply general scientific methods of comparative, logical and statistical research, as well as analysis of Russian law enforcement and judicial practice in the field of local self-government.The main results, scope of application. Despite the provisions of the European Charter of Local Government on the right of local governments to possess sufficient own financial resources, the reality shows a very deplorable picture of the formation of the regulatory framework of the economy of municipalities in Russia. The existence of very heterogeneous judicial practice, primarily arbitration, makes the situation worse. In this regard, a special role in protecting the economic foundations of local government is assigned to the Constitutional Court of Russia.Conclusion. The issues of legal regulation of the economic basis of local government need increased attention of the state and urgently require a deliberate change, primarily in the form of developing a federal state policy, taking into account the practice already developed by the Constitutional Court of Russia. It is the highest federal body of constitutional justice that often acts as the last bastion of protecting the economic potential of local government.https://enforcement.omsu.ru/jour/article/view/309local governmenteconomic basis of municipalitiesmunicipal propertylocal budgetproperty rightsconstitutional court of russialegal positions |
| spellingShingle | Oleg A. Kozhevnikov Irina V. Glazunova Protection of the economic basis of local self-government in the decisions of the Constitutional Court of Russia Pravoprimenenie local government economic basis of municipalities municipal property local budget property rights constitutional court of russia legal positions |
| title | Protection of the economic basis of local self-government in the decisions of the Constitutional Court of Russia |
| title_full | Protection of the economic basis of local self-government in the decisions of the Constitutional Court of Russia |
| title_fullStr | Protection of the economic basis of local self-government in the decisions of the Constitutional Court of Russia |
| title_full_unstemmed | Protection of the economic basis of local self-government in the decisions of the Constitutional Court of Russia |
| title_short | Protection of the economic basis of local self-government in the decisions of the Constitutional Court of Russia |
| title_sort | protection of the economic basis of local self government in the decisions of the constitutional court of russia |
| topic | local government economic basis of municipalities municipal property local budget property rights constitutional court of russia legal positions |
| url | https://enforcement.omsu.ru/jour/article/view/309 |
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