Judicial Protection of the Right of the Population to Territorial Self-Organization in the Russian Federation: Assessment of Current Practice
- Авторлар: Umnova-Koniukhova I.A.1, Popova S.P.1
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Мекемелер:
- Russian State University of Justice
- Шығарылым: Том 14, № 7 (2021)
- Беттер: 59-66
- Бөлім: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531341
- DOI: https://doi.org/10.33693/2072-3164-2021-14-7-059-066
- ID: 531341
Дәйексөз келтіру
Аннотация
Purpose of the study. The article examines topical problems of judicial protection of the population's right to territorial self-organization. This research seems to be relevant in connection with the problems that have arisen in practice, which require a comprehensive substantiation of the constitutional content of the population's right to territorial self-organization and an assessment of the existing judicial practice of considering territorial disputes in the system of local self-government in the Russian Federation. Conclusions. As a result of the study, the authors come to the conclusion that the provisions of Federal Law No. 131-ФЗ as amended by Federal Law No. 87-ФЗ dated 05/01/2019 and the judicial practice of recognizing a decision of a representative body as a form of consent of the population to change the boundaries of municipalities contradicts the constitutional right of the population on territorial self-organization. Such forms of democracy as a local referendum, general municipal discussion by the population or a general municipal poll should have an advantage, which will maximize the involvement of residents in resolving issues of the territorial structure at the municipal level.
Негізгі сөздер
judicial protection, local self-government, the right of the population to territorial self-organization, criteria for the territorial organization of local self-government, municipalities in the Russian Federation, the Constitutional Court of the Russian Federation, courts of general jurisdiction, referendum, survey of citizens, forms of direct democracy, the territory of a municipality
Толық мәтін
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Авторлар туралы
Irina Umnova-Koniukhova
Russian State University of Justice
Email: ikonyukhova@yandex.ru
Dr.Sci.(Law), Professor, Honorary Worker of Higher Professional Education of the Russian Federation; Head of the Department of Constitutional and Legal Studies of the Center for Research on Problems of Justice, Professor of the Department of Constitutional Law Moscow, Russia
Svetlana Popova
Russian State University of Justice
Email: sp-8585@mail.ru
Deputy Head of the Department of Constitutional Law for scientific work Moscow, Russia
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