REAUTHORIZATION BETWEEN LOCAL AND NATIONAL GOVERNMENT BODIES OF THE RUSSIAN FEDERATION SUBJECT

Abstract

Purpose. To study the reauthorization institution in the public authority system of the Russian Federation; to identify problems of its functioning and to propose development options. The author considers that the federal legislator using the term “reauthorization” does not reveal its content and identity or difference from other ones previously enshrined in the Constitution of the Russian Federation and federal legislation, for example, “vesting”, “transfer”, “demarcation”, “temporary exercise of certain powers”, "transfer of part of the exercised authority." Reasons that in order to determine the legal content of the term “reauthorization” it is necessary to identify the nature of the local government bodies power, which may become the subject of redistribution, are provided. The author’s interpretation is given of the ideal reauthorization model, which should unconditionally contain regulation of the issue of financial basis for the exercising any official power, otherwise the exercising of powers could be jeopardized, which would inevitably lead to violation of the constitutional principle of equal protection of the law and court The methods of analytical jurisprudence have been used: analysis, synthesis, comparative-legal method. All elements of the legislative structure of the reauthorization institution between local and national government bodies of the subject of the Russian Federation are revealed. The problems of the reauthorization institution functioning are identified. The mechanism of powers redistribution is presented in detail. The conditions to transfer the authority of one level of public authority to another are provided. The nature of the powers of local government and transferred powers is analyzed. Scientific novelty. The nature of the reauthorization institution is examined; constitutional foundations for reauthorization and conditions for constitutionality of redistribution of powers are formulated.