Open AccessMunicipal Procedural Relations and Their Types
Author(s) -
Е. П. Забелина
Publication year - 2021
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2021.132.11.011-019
Subject(s) - legislator , procedural law , substantive law , political science , order (exchange) , government (linguistics) , law , procedural justice , psychology , business , legislation , linguistics , philosophy , perception , finance , neuroscience
The paper examines the content of municipal procedural relations, highlights their derivation from municipal substantive legal relations. Substantive and procedural norms in municipal law and their distinctive objectives and features of practice of their application constitute the basis for the separation of municipal procedural relations from the system of municipal legal relations. Municipal procedural legal relations arise when their participants carry out actions aimed at ensuring their powers to resolve issues of local importance. The author shows the difference between substantive and procedural legal relations according to their object and grounds of occurrence and distinguishes them according to such criteria as participants and their objective. Based on the first criterion, six types of municipal procedural relations are distinguished, according to the objective criterion, four blocks of municipal procedural relations are distinguished. Taking into account that in recent years a federal legislator has entrusted more than one and a half thousand substantive powers to local self-government bodies, the author concludes that it is necessary to intensify their law-making activities in order to develop and adopt municipal procedural acts.