Comparative analysis of the organizational and legal support of local self-government in places of compact residence of indigenous small-numbered peoples in the northern caucasus and the northern special-status territories of the krasnoyarsk krai

The paper is devoted to the issues of the modern state of the organizational and legal support of local self-government in places of compact residence of indigenous small-numbered peoples in Russia. The emphasis is placed on comparative legal study of the practical implementation of local self-government in the Northern Caucasus and the Northern special-status territories of the Krasnoyarsk Krai (administrative territory). An analysis of the constitutional provisions of the Russian Federation, which regulate the right to local self-government and determine the list of state guarantees of their preservation, has been conducted. The peculiarities of legal regulation of the right to local self-government in accordance with the Federal Law on General Principles of the Organization of Local Self-Government in the Russian Federation have been identified. This regulatory act establishes the general provisions, principles and methods of implementation of the right to local self-government in the subjects (constituent entities) of the Russian Federation. Meanwhile, the federal legislation does not restrict the policy-making of the governing bodies of the federation subjects in the sphere of regulation of local self-government with regard to ethnic, cultural and historical peculiarities of regional development. The analysis of the regulatory and legal support of the local self-government in the Northern Caucasus and the Northern special-status territories of the Krasnoyarsk Krai holds a special place in the work. Furthermore, the issues and peculiarities of such regulation at the federal level and the level of the federation subjects are analyzed separately. The authors propose a comparative characteristic of the regulatory and legal support of local self-government in certain Russian Federation subjects. The conclusions made on the basis of such analysis demonstrate the need to accept the fact that the nature of legal regulation of local self-government in federation subjects is directly dependent and founded on, in particular (but not exclusively), its administrative and territorial structure. A conclusion is drawn in regard to the legal regulation of the implementation of the right to local self-government reflects the peculiarities of the authorities’ territorial organization in the specific subject of the federation. Special attention is heeded to the issues of implementation of local self-government in the Krasnoyarsk Krai. For instance, it has been determined that in the Krasnoyarsk Krai, the legislation of the federation subject creates far more extensive opportunities for the development of the local self-government, which simultaneously do not contradict the Constitution of the Russian Federation or the federal laws. Meanwhile, it has been determined that the method of exercising the right to local self-government by specific ethnic groups has found its practical manifestation in the form of corresponding constitutive acts of the subjects of local self-government (the local self-government entities). An analysis of implementation of local self-government in the federation subjects with administrative-territorial units with a special status has been conducted, which has made it possible to formulate the corresponding proposals on the elucidation and improvement of the Russian legislation. © 2019, CA and C Press AB. All rights reserved.