SIBERIAN LAW HERALD
ISSN 2071-8136 (print)
ISSN 2071-8144 (online)

List of issues > Siberian Law Herald 2020.

The editors received this article 10.07.2020


Public Chambers of the Municipality in Various Models of Local Self-Government

Author(s)
Shishkin Sergei Ivanovich, Safin Dmitrij Alekseevich
Abstract
The phenomenon of differentiation of the genesis of public chambers of municipalities from the model of organization of local self-government is established The factors that substantiate the reasons for such differentiation are determined. These reasons are associated with the demographic characteristics of municipalities, the specifics of the local community and other factors. The variety of models of organization of local self-government in the legislation of the Russian Federation is considered. It was established that these models determine the organization of local authorities, the procedure for filling positions in the municipality. It is concluded that there is a stable causal relationship between the procedure for organizing local self-government and the formation of public chambers of the municipality. The most substantiated schemes for organizing public chambers of municipalities are proposed. This is carried out on the basis of an analysis of legislation, municipal regulatory legal acts, using the method of legal modeling. These schemes allow taking into account the specifics of such chambers and the polarization of their activities. This polarization depends on the place of the public chamber in the system of local self-government bodies in the implementation of local issues. Within the framework of a comparative analysis, it is concluded that for some models of local self-government, the creation of a public chamber is not advisable. For other models, it is necessary to consider the balance of power between the head of the municipality and the representative body of local government. This is necessary so that the public chamber does not turn into an instrument for settling political scores and promoting the activities of the local administration. In most models of local self-government, it is advisable to exclude the head of the municipality from the procedure for forming the composition of the public chamber.
Keywords
municipality, public chamber, models of public chambers, models of local self-government
About the Authors
Shishkin Sergei Ivanovich - Doctor of Juridical Sciences, Professor, Honorary Lawyer of the Russian Federation, Head of the Department of Constitutional Law and Theory of Law, Law Institute, Irkutsk State University (1, K. Marx st., Irkutsk, 664003, Russian Federation), e-mail: tgp@lawinstitut.ru

Safin Dmitri) Alekseevich - Postgraduate, Law Institute, Irkutsk State University (1, K. Marx st., Irkutsk, 664003, Russian Federation), e-mail: pr-aspekt@mail.ru
For citation
Shishkin S.I., Safin D.A. Mesto obshchestvennoj palaty municipal'nogo obrazovaniya v razlichnyh modelyah mestnogo samoupravleniya [Public Chambers of the Municipality in Various Models of Local Self-Government] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2020, no 4 (91), pp. 34-40. https://doi.org/10.26516/2071-8136.2020.4.34 (in Russian)
UDC
342.553
EDN
SPFCXJ
DOI
https://doi.org/10.26516/2071-8136.2020.4.34
References

1. Kokotova M.A. Kriterii podbora chlenov municipalnyh obshchestvennyh palat i sovetov v Rossii i ekonomicheskih, socialnyh i ekologicheskih sovetov vo Francii [Selection criteria for members of municipal public chambers and councils in Russia and economic, social and environmental councils in France]. Lex russica, 2020, vol. 73, no. 6, pp. 149-159. (in Russian)

2. Kordonskij S.G., Plyusnin YU.M. Sociologicheskie ekspedicii kafedry mestnogo samoupravleniya NIU VSHE [Sociological Expeditions of the Department of Local Self-Government of the National Research University Higher School of Economics]. Laboratorium, 2015, vol. 7, no. 2, pp. 71-91. (in Russian)

3. Miheeva T.N. K voprosu ob obshchestvennyh palatah municipalnyh obrazovanij [On the issue of public chambers of municipalities]. Aktualnye problem ekonomiki i prava [Actual problems of economics and law], 2015, vol. 1, pp. 88-92. (in Russian)

4. Modnikova T.N. Problemy vzaimodejstviya glavy municipalnogo obrazovaniya s predstavitelnym organom mestnogo samoupravleniya [Problems of interaction of the head of a municipal formation with a representative body of local self-government]. Srednerusskij vestnik obshchestvennyh nauk [Central Russian Bulletin of Social Sciences], 2013, vol. 1, pp. 132-136. (in Russian)

5. SHustov V.G. Osnovnye modeli mestnogo samoupravleniya [Basic models of local government]. Vestnik Adygejskogo gosudarstvennogo universiteta. Ser. 1: Regionovedenie: filosofiya, istoriya, sociologiya, yurisprudenciya, politologiya, kul’turologiya [Bulletin of the Adyghe State University. Series 1: Regional studies: philosophy, history, sociology, jurisprudence, political science, cultural studies], 2011, vol. 2, pp. 256-264. (in Russian)


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