Dzhagaryan, N.V. Specific features of the constitutional nature of the municipal self-government as the sphere of implementation of the representative democracy institutions.

Abstract: The article provides systemic complex analysis of the constitutional nature of municipal self-government, which is rooted in the current Constitution of the Russian Federation and its interpretation within the practice of constitutional justice. Based on this approach the author views the topical issues regarding the existing difficulties and specificities regarding correlations between the forms (institutions) of the direct (immediate) democracy and representative (mediated) democracy. The goal of the study is to substantiate the non-severable connection of direct public and professional representative elements in the conditions of the municipal self-government, which are united by the very nature of the relations in the sphere of public territorial self-organization of the population. According to this approach the author shows specific features of the municipal representative democracy as an offspring and a necessary form of support of municipal self-government, formulating the author’s definition of this concept. The methodology of studies of the author is defined by the constitutional concept of municipal self-government as a dialectic unity of power and freedom of the local community, Hence, there is a need and an opportunity for the individualization of the municipal representative democracy in correlation with the other public representation institutions, while still regarding it a continuation and a guarantee of implementation of a direct municipal democracy. The article singles out basic substantial characteristics of the municipal democracy in its differentiation and correlation with the public democracy institutions. It is substantiated that while the principle of combination of direct and representative democracy is typical for the people’s rule relations in general, its manifestation in municipal self-government is rather special in its qualities. In particular, it provides for the considerable immersion of direct democracy into the municipal representation system, formation of various combined (direct representative) institutions, such as territorial public self-government.

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