Fundamentals of the constitutional system of Russia as the basis, the highest imperative for legal activities of local self-governments

Recommended link to article:

ALEXANDER A. BOEV^а

^аGolovinsky inter-district prosecutor of Moscow, applicant

DOI: 10.22394/2070-8378-2022-24-1-46-51

Abstract:
The article discusses the mechanism for ensuring and supervising the legitimacy of local self-government activities. The legitimacy of municipalities is associated with strict compliance with legal and regulatory requirements, the basis of which is the foundation for the constitutional system of Russia. Using the method of deduction and induction, the author delimits and demarcates the framework of legal legitimacy for the functioning of municipal authorities, fixes the markers of the formula of law enshrined in the Federal Law “On the Prosecutor’s Office of the Russian Federation”: “The rule of law, unity, and strengthening of the rule of law”, as well as the formula of law stated by Yu.A. Tikhomirov: “Goal – regulators – actions – results”. The author argues that the current norms and provisions of the first Chapter of the Russian Constitution cannot be considered as sole objectives or declarative norms governing the organization and functioning of local selfgovernment. The article interprets the legal legitimacy of the local government activities as an activity within the constitutional and legal fields. The author examines the main legal problems in the activities of local governments. The materials of the article reveal the essence of such formulas of law as: “The rule of law, the unity, and strengthening of the rule of law” and “Goal – regulators – actions – results” as mechanisms for legal defectology.

Keywords:
local self-government bodies, foundations of the constitutional system, formula of law, legal legitimacy, supervision

Received:
November 30, 2021

References:
Agamirov K.V. Declarative norms and legal nihilism. Arkhivarius. 2017. No. 1. P. 127–139. In Russian
Badretdinov I.R. Legitimacy: once again about the concept and typology. Pravo i praktika. 2019. No. 4. P. 20–24. In Russian
Boev A.A. The formula of law “the rule of law, unity and strengthening the rule of law” in the system of local government and its distinctive features. Obshchestvo: politika, ekonomika, pravo. 2017. No. 11. P. 93–96. In Russian
Boev A.A. The formula of law “the rule of law, unity and strengthening the rule of law” as a constitutional and legal basis for the activities of local governments. Vestnik Povolzhskogo instituta upravleniya. 2018. Vol. 18 No. 5. P. 99–104. In Russian
Bondar N.S. Local self-government and constitutional justice. Constitutionalization of municipal democracy in Russia. Moscow: Izdatel’stvo NORMA. 2008. P. 278. In Russian
Borisov A.B. Commentary on the Constitution of the Russian Federation (by articles). With comments from the Constitutional Court of the Russian Federation. 2nd edition, revised and enlarged. Moscow: Knizhnyy mir, 2010. P. 272. In Russian
Elkina A.V., Faizullin I.T. Local government as a form of public authority in decisions of the Constitutional Court of the Russian Federation. Munitsipalitet: ekonomika i upravleniye. 2021. No. 1 (34). P. 76–85. In Russian
Zhadan V.N. On the idea, the concept and the constitutional foundations of the legal state in Russia. Baltiyskiy gumanitarnyy zhurnal. 2020. Vol. 9. No. 1 (30). P. 365–372. In Russian
Kolesnikov A.V. Local government as an element of a unified system of public government. Obrazovaniye i pravo. 2020. No. 7. P. 44–48. In Russian
Korsun K.I. The system of unified public authority in the Russian Federation: constitutional interpretation and real practice. Vestnik Sibirskogo yuridicheskogo instituta MVD Rossii. 2021. No. 3 (44). P. 132–136. In Russian
Lebedeva N.V., Ogurtsov A.Yu. Theoretical approaches to defining the constitutional system of the Russian Federation and its foundations. Obshchestvo, politika, ekonomika. 2017. No. 1. P. 87–90. In Russian
Nersesyants V.S. Philosophy of law: textbook. Moscow: NORMA, 2005. P. 104. In Russian
Nesterov A.V. Is the constitutional state possible in the digital age? Pravovoye gosudarstvo: teoriya i praktika. No. 17.3 (65) (Oct. 2021). P. 32–43. In Russian
Osipov A.P. The system of public power in the Russian Federation. Obrazovaniye. Nauka. Nauchnyye kadry. 2021. No. 1. P. 73–74. In Russian
Pushkarev E.A. Developing the concept of sovereign democracy in Russia: theoretical analysis. Filosofiya prava. 2021. No. 2. (97). P. 59–71. In Russian
Rogovaya A.V. Monitoring the quality of municipal law-making. Monitoring pravoprimeneniya. 2017. No. 3 (24). P. 39–48. In Russian
Rostovtsev E.G. Formal and contextual requirements of legality. Problemy prava. 2012. No. 5 (36). P. 45–48. In Russian
Stepanov M.M. Local self-government in the context of the 2020 constitutional reform. Aktual’nyye problemy rossiyskogo prava. 2021. Vol. 16. No. 5. P. 35–41. In Russian
Tikhomirov Yu.A. Formula of legal impact. Zhurnal rossiyskogo prava. 2020. No. 11. P. 5–13. In Russian
Chirkin V.E. The revolutionary transformation of essence, content and form of the Russian state (to the centennial of the Great October Revolution). Gosudarstvo i pravo. 2018. No. 7. P. 54 (49–55). In Russian
Maunz T., Dürig, G., Herzog, R., Scholtz, R., Herdegen, M., Klein, H.H. Basic Law: Commentary. 94. January, 2021. Munich: C.H. Beck. In German
Wet E. The International Constitutional Order. International and Comparative Law Quarterly. 2006. Vol. 55 (1). P. 51–76. DOI: 10/1093/ iclq/lei067. In English

Articles in Open Access mode are published under the Creative Commons Attribution 4.0 International (CC BY) license.