Segreev, D. B. Primary Legitimization of Local Community Outside and Within a Municipal Unit: Genetic and Creation Aspects

Abstract: The article introduces the terms as ‘genetic aspect of the primary legitimization of the local community’ and ‘creation aspect of the primary legitimization of the local community’ in law. Genetic aspect means introduction of a municipal unit institution as a representative of a local community and creation aspect denotes the process of creation of a particular municipal unit by a state institution. Genetic aspects of the primary legitimization of local community first started in Russia in 1990-1991 when the institution of the local self-government was legally enforced. De facto, these aspects were over when the Federal law ‘On general principles of local self-government in the Russian Federation’ No. 154-FZ dated August 28, 1995. But formally, the genetic aspects of primary legitimization of local community continued to exist even though there were no such terms as ‘local community’ in the Constitution of the RF and Russian federal laws. Instead, legitimization of the local community was legally enforced in creation aspects after the Federal Law No. 154 came into force and the legislation introduced the term ‘municipal unit’ and instructed to create corresponding legal entities.

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