The article analyzes the RF federal legislation, the legislation of the RF constituent entities and the municipal legal acts of municipal entities in the territory of the Russian Federation, which regulate the survey procedure in the context of local government. The specific feature of this article is the authors' own experience, which they share in this work, of such a survey organization, conducted in the city of Ekaterinburg in autumn 2019 on the issue of a religious object location, and of using the citizens' rights to participate in municipal community, as a tool to relieve social tension on urgent problems of popular concern. The authors analyze the current regulatory definition of the pool of survey participants, that is, those who can take part in the given survey, considering, inter alia, the possibility of foreign citizens' participation in the poll. The issues of campaigning regulation during the survey are also considered. The authors have found that, in essence, the municipal legal acts of municipal entities in the territory of the Russian Federation use the analogy of law, preserve the conceptual framework of legislation on elections and referenda up to the complete reproduction of legal norms when regulating the campaigning issue during the survey. Drawing a conclusion, the authors consider the need to adopt a model law for the constituent entities of the Russian Federation with the aim to establish common legal approaches and to fill gaps, in other words, to harmonize the entire regulatory framework.
Zakharov Ilya V.
Ural State Law University named after V.F. Yakovlev
Publications of the author
In the journalp. 51-56
CERTAIN ASPECTS OF IMPLEMENTING THE LEGISLATION ON LOCAL GOVERNMENT IN THE TERRITORY OF THE "CITY OF EKATERINBURG" MUNICIPAL ENTITY
I.V. Zakharov
The principle of independence of local government permeates through its entire essence. Throughout the local government development in the city of Ekaterinburg, the interests of the local community - the residents who have the right to exercise local government - have always come first. The article analyzes the most striking aspects of formation, development and improvement of the local government.
The author suggests that the implementation of any new law on local government regarding a particular municipality is only possible if each territory specifics are taken into account and with full consideration of the public opinion, the local authorities’ position.
Local government bodies of the city of Ekaterinburg have always stated that when introducing territorial transformations, the federal legislators should keep in mind that these are only new opportunities, but not an obligation to divide large cities. The article considers that new options local government organization can be applied in crisis, inefficient cities. All decisions relating to local self-government should be made in the regions with due regard for the opinion of the municipal population, in dialogue with city authorities. Regional law can divide a large city, but the residents’ opinion should necessarily be taken into account.
The author positively assesses the activities of Ekaterinburg local bodies for the development of local self-government in its territory, and also proposes to further develop interaction between local authorities and the population.
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.