The constitutional amendments of 2020 have opened up long‑term prospects for the development of public authority in the Russian state. The potential of constitutional novels is not fully realized in the system of Russian legislation. To date, federal and regional legislation has not defined mechanisms for interaction and coordination of levels of public authority in relation to local governments. This approach demonstrates the legal uncertainty of ensuring the integrity, functional and legal independence of local self‑government. The current legislation has eliminated the main feature of the municipality’s competence − issues of local importance by defining the powers of local governments. Russian legislation retains unlimited possibilities for transferring state powers to the municipal level. As a result, there is a problem of targeting and effective implementation of the competence of each level of public authority. The problem of «competence reset» is gaining a new meaning. The author aims to consider the problem of the exercise of state powers by local governments and the impact of this on the essence and individuality of the organization and implementation of local government. During the preparation of the article, the following methods of legal research were used: functional, contextual analysis, comparative law. In order to reveal and demonstrate the complex of problems associated with the redistribution of powers, the experience and practices of individual foreign legal systems have been studied, the need for regulatory identification of models and the consequences of assigning state powers to local governments have been identified. It seems to be a new view on the need to distinguish in the theory and practice of modern public law the mechanisms of assignment and redistribution of powers between levels of public authority, subject to the establishment of acceptable limits, control, financial and organizational support of this process.
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Saria B. Nanba
Journal of Foreign Legislation and Comparative Law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
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Saria B. Nanba (Wed,) studied this question.
www.synapsesocial.com/papers/69d1fd9ca79560c99a0a3c91 — DOI: https://doi.org/10.61205/s199132220034775-8