N.S. Timofeev
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On creation of the state-municipal structure of RussiaMoscow University Bulletin. Series 11. Law. 2021. 4. p.3-23read more376
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The article analyzes the problems and features of the modern stage of development of popular sovereignty and the constitutional novelty of the unity of state and municipal public authorities. The tendencies and possibilities of achieving political agreement between the state and the people are considered. Attention is drawn to the peculiarities of the independence of local self-government in the formation of local self-government bodies, in the interaction of local self-government bodies and public authorities in the performance of public functions and services. A proposal for the development of the effectiveness of interaction between public authorities is being considered. Special attention is paid to the need to overcome the deficit of democracy by limiting state expansion and increasing the role of municipal public authorities. The urgent problem of the necessity and possibility of balancing the competing values of democracy and economic efficiency is brought up for discussion. Suggestions are made: constitution of the principle of subsidiarity; on the establishment of interrelated indicators of the effectiveness of public authorities; the development of a unified system of statistical accounting, which makes it possible to represent the unity of public authorities as the backbone of the Russian statehood; on vesting the All-Russian Association of Municipal Formations (OKMO) with the right of legislative initiative. The unity of the state and municipal public authorities presupposes the unity of goals and the development of the participation of local communities in the management of not only local, but also state affairs.
Keywords: Constitution of the Russian Federation; public authority; unified system of popular sovereignty; interaction of state and municipal public authorities; democracy; local government; unity of public authority
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Local self-government in the system of unified public authorityMoscow University Bulletin. Series 11. Law. 2023. 2. p.24-49read more313
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In this article, the author considers the problems associated with the modern formulation and implementation of the principle of unity of public authorities, state and municipal. Particular attention is paid to the latently existing public authority and the changes that need to be made to regional and federal legislation. The emphasis is on the implementation of social values and guidelines for the principles of organization of state and municipal authorities at different stages of state building. Based on the varying principles of Soviet and modern, it is shown that there is a lot of invariable characterizing the identity of Russian society. The search for unifying principles of interaction is submitted for discussion — the unity of public interests, based not on the principle of supremacy, but on the basis of weighing different interests, that is, finding a balance between the conflicting state and municipal. Such an approach will allow us to renew our perception through a synthesis of what is permissible, what is desired, and what should be.
Keywords: public authority, unified system of interaction between state and municipal authorities, principles of interaction: publicity, solidarity, openness, control, democratic centralism, unity of interests
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