On the issue of improving local government territorial organization

Abstract

Introduction. As a result of the constitutional reform that took place in 2020, the term «municipal entity» was enshrined in the Constitution of the Russian Federation, which now clearly allows us to assert that local self-government is carried out on the territory of the municipality. Legislatively, this was enshrined in the Federal Law of 28.08.1995 № 154-FZ «On General Principles of the Organization of Local Self-Government in the Russian Federation» and developed in the legislation on local self-government in the future. But now the implementation of local self-government in municipalities is a constitutional principle. Materials and methods. With the consolidation of the principle of independence of local self-government in the Russian Constitution, the issue of delimitation of administrative-territorial and municipal-territorial structure became relevant. On the one hand, the Constitution of the Russian Federation, based on the meaning of Article 73, refers the issues of the administrative-territorial structure to the exclusive jurisdiction of the constituent entities of the Russian Federation. However, on the other hand, federal legislation in one way or another involuntarily has to regulate the issues of the administrative and territorial structure of the constituent entities of the Russian Federation. In the course of the research formal-legal and comparative-legal methods Results and discussion. The author concludes that the general principles of the administrative and territorial structure of the constituent entities of the Russian Federation should be attributed to the joint jurisdiction of the Russian Federation and its constituent entities. The article also provides a comparative analysis of the terms «administrative-territorial unit», «municipal entity», «settlement». The author distinguishes these institutions and proposes to clarify these differences in the legislation.

Keywords

• local self-government
• municipality
• settlement
• administrative-territorial structure
• administrative-territorial unit
• municipal-territorial structure
• administrative structure