Правоприменение (Mar 2017)
TYPES OF MUNICIPALITIES IN RUSSIAN FEDERATION: THE ANALYSIS OF LEGISLATION AND LAW ENFORCEMENT
Abstract
УДК 342.53The question of the concept and characteristics of a municipal formation has a very practical embodiment: in disputes about territorial foundations of local self-government, the courts often have to infer the presence or absence of the municipality, to investigate the presence or absence of signs of a municipal formation have a specific territory. The objective is to study the concepts and characteristics of the municipality in the materials of law enforce-ment, a comparative analysis of different types of municipalities. The study used the dialec-tical, system-structural, functional, comparative-legal and other methods of cognition. The article compares the types of municipalities found in the Federal legislation and the legisla-tion of subjects of the Russian Federation, explores the question of the powers of the con-stituent entities of the Russian Federation on the establishment of new types of municipal formations. For example, the practice of the constitutional Court, materials of the State Duma emphasized that in providing different types of municipalities, the Federal legislator has quite clearly articulated its desire to establish their differences. Special attention is paid to the analysis of differences in the legal status of municipalities belonging to the same species. Analysis of legal material, law enforcement practice allows the following attributes of municipal formation: territory, permanently or primarily resident population, municipal property and local budgets, bodies of local self-government, the Charter and the system of municipal legal acts, official symbols. When considering the question of the legal status of municipalities stated that the question of equality of different types of municipal for-mations is not so straightforward. Most of the differences in the legal status of different types of municipalities is established by Federal laws and is driven by the desire to make local government more efficient and municipal services more accessible. In addition to ac-tual differences in the legal status of the municipal formations of different types, there are examples of establishing the differences between the municipalities belonging to the samespecies. Especially sharply this question arose in 2014-2015, when the subjects of the Rus-sian Federation received the right to establish the order of formation, as well as other issues of organization and activity of local authorities. With reference to the decision of the Con-stitutional Court of the Russian Federation from December 1, 2015 States that it is possible to establish different models, different criteria determine the structure of local govern-ments for different types of municipalities or the specific municipalities. For this to be es-tablished concrete and clear criteria; otherwise will mean the restriction of the right to ex-ercise local self-government that contradicts a number of articles of the Constitution.
Keywords
