The definitions of the "municipality" concept are analyzed. Historical aspects of municipalities emergence in Ancient Rome are considered. The rights of the free citizens of municipalities of the first and second order are demonstrated. The executive power structure in the municipality of Ancient Rome is outlined.
The trends are considered in our country in the times of the Russian Empire (Tsarist Russia) of the executive body of the city public administration of the council or the city duma emerging as an analogue of the Western European municipalities. The article dwells upon the provisions of certain public acts adopted in the late 18th - mid-19th centuries, associated with the local government reform.
The legislative acts provisions of the USSR, the RSFSR and the Russian Federation periods, both previously and presently in force, are studied. The specifics of the local government system development and its implementation procedure in different years are revealed. The local government system of the USSR and the RSFSR period was identified to be the same, and neither of the laws applied the "municipality" concept. He article also notes that there is no mention of municipalities in the subsequent legislative acts of the Russian Federation.
The organization of municipalities in certain foreign countries (the US, Greece, Finland, etc.) has also been analyzed. As a result, it was revealed that in some foreign countries a municipality is referred to as local executive bodies (urban or rural administration, city and district administration), and in others, it is a single administrative-territorial entity. In this case, the "municipality" concept is close in meaning to the "community" and "commune" concepts. And in some US states, the "municipality" concept is broader in meaning: a municipality is understood both as the state itself or any of its corporations, and as an institution or any registered city.
In the final part of the article, the authors propose measures related to the Russian legislation improvement in the considered field.
Teplyakov Igor’ I.
Ural Institute of Management, Russian Presidential Academy of National Economy and Public Administration
Publications of the author
In the journalPublished: 15 March 2019
The research aim is to reveal and analyze stages of inception and development of public government conceptual provisions in the science of public law and Soviet construction in the 1918-1991 period. Throughout the given historical period, the leading representatives of the Soviet law school identified its significant characteristics, organizational specifics and competence of local Soviets and their interaction with higher bodies of Soviet power. To achieve this goal, the authors used the method of historical and legal analysis of regulatory legal acts and scientific sources, as well as the comparative legal method in the study of legal and party doctrinal documents. Results and scientific novelty: following the research results, it was identified that significant contradictions were inherent in public government from the moment it was established: the basic principle of its organization was democratic centralism and subordination to a higher state power, with independence in the implementation of the competence of local Councils, not always having clear regulatory limits. The process of public government development in the framework of the Soviet socialist state development featured the successive periods of centralization and decentralization in organization and activities of the local Soviets. Moreover, the Soviet legal science revealed and characterized certain distinctive aspects of public government. They were: moderate decentralization of a single hierarchical Soviet system; expanded competence of local Councils in terms of socio-economic authorities in certain areas of national economy; development of the own financial and material basis of local Councils; creation and development of the normative framework providing the local Councils’ activities regulation. As the key period, determining the fate of public government, the development and adoption of the USSR Constitution of 1977 is noted. Three approaches to determining the future of public government in the latest Constitution of the Soviet Union development and adoption are identified and characterized.
p. 58-64
IDENTIFICATION OF LOCAL ISSUES AS THE SUBJECT MATTER OF LOCAL GOVERNMENT BODIES
Е. Султанов, И. Тепляков
Published: 15 April 2018
Purpose. The research is aimed at analyzing the legal nature of local issues, their definition as the subject matter of local government bodies and identifying the features of their constitutional and legislative regulation. Methodology. The research is based on comparative legal and formal legal methods of studying the analyzed subject, which made it possible to determine the local issues as the subject matter of local government bodies, to assess the effectiveness of regulatory regulation of the solution of these issues, taking into account the content of municipal legal relations and the techniques of legal techniques used. Results: criteria for local issues that allow to characterize them as the as the subject matter of local government bodies are identified, problems in the regulatory regulation of local issues are identified, and author's proposals for their solution are proposed. Scientific novelty: author's definition and classification of local issues as the subject matter of local government bodies are formulated, it is justified that the subject of conducting local self-government bodies are derived from the subjects of state power.
p. 88-95
FEATURES OF REALIZATION OF THE PUBLIC AUTHORITY TO THE ADMINISTRATIVE LIABILITY OF LOCAL GOVERNMENTS (ON THE EXAMPLE OF MUNICIPAL AUTHORITIES IN THE SVERDLOVSK REGION)
Ф. Алиев, И. Тепляков
Published: 15 March 2015
Purpose: The study aims to analyze the legal nature of administrative coercion exercised by local authorities in the Russian Federation, to determine its place in the jurisdiction of the municipal authorities and to determine the characteristics of its implementation by local authorities of municipalities in the Sverdlovsk region. Methodology: The study is based on comparative legal and formal-logical method of studying the analyzed object, allowing to determine the features of the regulatory procedure for implementing consolidation of administrative coercion municipal authorities, revealed some conflicts and legal spaces for interaction between the state authorities of the Russian Federation and local self-government within the framework of public law enforcement of this type. Results: The authors have identified mechanisms for the transfer of state powers in bringing to administrative responsibility of local authorities, identified the types of municipalities that may be endowed with state powers that mentioned above and the peculiarities of their implementation. Scientific novelty: the author formulated the classification of terms of local governments’ reference in Russia and classification of local issues, substantiated the thesis on identification of local governments as agents of administrative coercion.
