CONSTITUTIONAL AND LEGAL COMMUNICATION IN THE PUBLIC AUTHORITY SYSTEM: A LEGISLATIVE INITIATIVE STORY

Abstract

ABSTRACT

Introduction. Modern Russia is in the process of reforming the public authority system. This circumstance inevitably actualizes the issues of quality and efficiency of public authority. Its efficiency, no matter what approach to defining this concept is applied, is associated with the nature of communication between the elements of this system, as well as with the parameters of communication of this system with the outside world. It is convenient to consider the external and internal features of communicative interactions in the public authority system using specific examples, in particular, using the example of the preparation and adoption of basic laws, including the new law on the general principles of local self-government organization.

Materials and methods. The set research tasks are conveniently solved using special methodological approaches, the focus of which is on communicative issues. Particularly, this concerns the communicative concept of law, from the position of which constitutional law can be considered in the context of a dialogue between citizens, their associations and society as a whole with the state, as well as in the context of a dialogue between state bodies and local governments, including regarding the formation and functioning of the public authority system.

Results and conclusions. The preparation of the text of the draft of the new federal law on the local self-government organization has been accompanied by a number of discussions in both the professional and academic communities for several years. One of the most controversial decisions of the draft should be recognized as the transition to a single-level territorial organization of local self-government. This approach was particularly sharply criticized by the regional authorities of those subjects of the Russian Federation that have national or social and economic characteristics. Negative opinions on the draft law sent by the state authorities of such subjects of the Russian Federation were not taken into account in preparation for the second reading procedure. However, later, in order to prevent social tension and ensure political stability, inter-factional amendments were introduced to the draft law, providing for variability in the choice of a model of municipal-territorial structure in various subjects of the Russian Federation.

Discussion. The described situation demonstrates the greater effectiveness of political mechanisms in resolving constitutional contradictions than actual legal ones, which, in particular, include the right of legislative initiative, amendments to draft laws, conclusions based on the results of a legal examination of a draft law and other familiar parliamentary practices. This in turn updates the problem of aforementioned practices improving. At the same time, it should be recognized that the development of individual constitutional and municipal mechanisms should occur taking into account the peculiarities of the national political culture and the nature of communication taking place within the public authority system.

KEYWORDS

Legal communication, public authority system, local self-government, municipal-territorial structure, constitutional and legal dialogue, subsidiarity