Open AccessTo the problem of improving normative legal basis of organization of local self-government in Russia
Author(s) -
О.И. Баженова
Publication year - 2017
Publication title -
pravoprimenenie
Language(s) - English
Resource type - Journals
eISSN - 2658-4050
pISSN - 2542-1514
DOI - 10.24147/2542-1514.2017.1(3).108-116
Subject(s) - legislator , legislature , local government , legislation , political science , scope (computer science) , discretion , normative , state (computer science) , government (linguistics) , public administration , law and economics , subject (documents) , law , economics , linguistics , philosophy , algorithm , library science , computer science , programming language
The subject. The crisis of local self-government actualizes the problem of effectiveness oflegal regulation of the issues of its organization.The purpose of the paper is evaluation of the effectiveness of the regulatory framework forthe organization of local government.The methodology of research includes systematic analysis, formal legal method, interpretationof legislation.The results and scope of application. The crisis of local self-government actualizes the problemof effectiveness of legal regulation of the issues of its organization. Evaluation of theeffectiveness of the regulatory framework for the organization of local government is reducedto two questions: what are the limits of state legal regulation and what are the beginningof the division of powers on the organization of local government between the RussianFederation and the subjects of the Russian Federation.Recognizing the optimal legislative approach to the definition of the limits of state regulation,which assumes the creation at the federal level of a full-fledged legal mechanism for the implementationof local self-government, subject to its combination with the beginning of municipalself-regulation, the author criticizes the legislative approach to delineating the powersto organize local self-government between the Federation and the subjects of the Federation.Conclusions. Due to the legislative formula, according to which the scope of regional powersdepends on the discretion of the federal legislator, the local self-government turned out tobe "hostage" to the emerging federal relations.