Ilyinykh Alexey
http://doi.org/10.17506/ryipl.2016.17.1.106119
Abstract: The article is devoted to the legal analysis of changes in the territorial basis of local self-government in Russia connected with the establishment of a new municipality type – the intracity area. The article presents the characteristic features of the establishment and individual elements of this type of municipal unit. In the article, special attention is devoted to the experience of the implementation of new types of municipal units in Chelyabinsk where the process of implementation of this project hasn't stopped at a stage of legal regulation and has reached its «logical» end in formation of independent municipalities, unlike the other two cities (Samara and Makhachkala), where the opportunity of its formation was fixed on the legislative level. The article encompasses the issue of the necessity and reasonability of the implementation of new type of territorial unit through a prism of purposes declared by initiators and associated with overcoming distance between city municipal authorities and general population, which has a negative impact on people's livelihood. The article considers special aspects of intracity areas formation in detail, and draws attention to the existing gaps in the legislation regulating this procedure, in particular – the account of public opinion over such transformations; the number of deputies; terms of work of the previously formed local self-governing authorities, and the lack of transitional period. As a result of the legal analysis, existing problems are identified: the ones associated with abandoning from the direct election of the formation of local self-government authorities of the city district and intracity areas; the delimitation of authority and property between city district and constituting intracity areas; the low level of budgetary provision of intracity areas; the status problems of bodies of the territorial public self-management, and order of recall of elected officials. The article formulates proposals to improve legislation concerning the strengthening of the status of intracity areas, and the resolving its problems in cooperation with the city district, in which they are included. In addition, potential legal problems requiring further solution are defined.
Keywords: territorial basis of local self-government; intracity area; city district with intracity areas; local government; issues of local value.