North Caucasus Legal Vestnik

Abstract

IntroductionIntroduction. Throughout recent Russian history, issues of legal regulation of the organization and functioning of local self-government have always been the focus of research, discussion, and even controversy by numerous scientists, practitioners, and simply concerned researchers. With the entry into force of Federal Law No. 33-FZ dated 03/20/2025 "On the general principles of organizing local Self-government in a unified system of public Authority," the breadth of discussions about the prospects of local self-government has not only not decreased, but, on the contrary, has increased even more, "exposing" new facets of disputes between supporters and opponents of the new model of building local self-government in the unified system of public authority in the Russian Federation.PurposePurpose. Based on the current federal legislation and the established legislative practice of the authorities of cities of federal significance exercising their right to establish the specifics of the organization of local self-government in these subjects of the Russian Federation, identify the "obvious" shortcomings of this practice, which developed during the period of the federal Law of 06.10.2003 "On the general principles of the organization of local self-government in the Russian Federation.Materials and methodsMaterials and methods. The methodological basis of the research was traditionally developed and tested for comparative studies by constitutional law, municipal law science, as well as the general theory of state and law, methods of analysis and synthesis, induction and deduction, dialectical approach, and other generally accepted methods of cognition in legal doctrine, with the help of which it was possible to synthesize and compare the achievements of municipal legal doctrine and the actual established law enforcement practice.ResultsResults. Despite the fact that cities of federal significance are traditionally included in the range of territories of the Russian Federation that occupy leading positions in the field of economics, industry, science, education, culture, etc., an analysis of the basic laws of Moscow, St. Petersburg and Sevastopol suggests a significant deviation from the rights granted by the federal legislator to the authorities of the subjects of the Russian Federation – cities of federal significance to establish the specifics of the organization of local self-government in their territories. To date, the normative acts of these subjects of the Russian Federation have not only not been brought into line with the provisions of Federal Law No. 33-FZ dated 03/20/2025 "On General Principles of Organizing Local Self-Government in a Unified system of Public Authority," but also in some cases directly contradict its provisions, which casts doubt on the direct and immediate effect of the Constitution of the Russian Federation in parts of the priority of federal legislation over regional legislation on issues of joint jurisdiction of the Russian Federation and its subjects, which include the legal regulation of local self-government.ConclusionsConclusions. In the context of the formation of an "updated" legal framework of the subjects of the Russian Federation, against the background of the Federal Law No. 33-FZ of 03/20/2025 "On General Principles of Organizing Local Self-Government in a unified system of public Authority", which entered into force, the legislative bodies of the advanced subjects of the Russian Federation have significantly withdrawn – First, it is an extremely "negative" example for other subjects of the Russian Federation who do not have the above-mentioned "advantages" as cities of federal significance, but who, in accordance with Article 6 of the said law, are also empowered to regulate certain issues of the organization and functioning of local self-government in their territories. in the field of local self-government, and, secondly, a vivid example of the "actual" inaction of the federal authorities to ensure guarantees of the right of citizens to exercise local self-government, established by the Constitution of the Russian Federation and federal laws.