Shishkina, O.E. State and municipal government in modern Russia: on the issue on the differences between the constitutional, legislative and de facto model of relations

Abstract: The article concerns the growing tendency of the close ties between state and municipal power in the modern Russia. While the constitutional model of relations between the state power bodies and the municipal bodies does not allow recognizing the municipal bodies as a part of state administration, the Russian legislation provides for great many opportunities for establishing subordination of municipal bodies to the state bodies. The subordination relations between the state government and the municipal bodies are supported by the existing territorial structure of the municipal self-government, and the principles of separation of competences between the state and the municipal bodies, the lack of sufficient financial and economic basis for the municipal bodies The differences between constitutional, legislative and de factor models of relations between the state and municipal government became quite outstanding and obvious. And such a situation is dangerous. Firstly, it leads to violations of the provisions of the Constitution of the Russian Federation. Secondly, subordinate relations between the state and municipal bodies lead to the municipal dependency by the «poor» municipal formations, or to the municipal separatism of the power in comparatively «rich» municipal formations. Subordinate relations should be gradually replaced by the cooperation, coordination and interaction via the efforts of both regional and local elites. However, these forms of interaction are hard to introduce into the government relations in Russia.

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