Kareva I.A. The Standard Charter of a Municipality As a Means of Legal Technique
DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.15
Irina A. Kareva, First Vice-Rector, Volgograd Conservatory (Institute) named after P.A. Serebryakov, Mira St, 5a, 400066 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-0558-9833
Introduction: the constitutional changes open a new round of scientific discussion about the place of municipal power in the system of separation of powers. Municipalities are experiencing a shortage of resources. Despite this, they are responsible for the development and adoption of statutes. The work is based on the hypothesis that the use of standard charters allows for more efficient use of the resources of municipalities and the improvement of the quality of the legal text. Purpose: to determine the possibility and necessity of using standard charters of municipalities. Tasks: to establish a link between the resources of a municipality and the effectiveness of its lawmaking; to analyze the examples of standard charters of municipalities; to predict the effect of the application of standard charters; to develop a roadmap for the implementation of standard charters. Methods: analysis, comparative law, predictive, statistical. Results: law-making is very burdensome for small municipalities, and the existing easing is insufficient. In foreign legislation, Russian and foreign practice, standard charters are used to save the resources of municipalities. The mechanism of standard charters has signs of smart regulation. There are two types of standard documents: template documents and model documents (actually standard documents). Conclusions: a comparison of the resources of the municipality with the scope of its rights and obligations revealed an imbalance in the legal regulation of municipal law-making. The model charters of municipalities allow us to solve this problem to some extent. We have proposed concrete steps for the legislative implementation of the legal mechanism of model charters in the digital economy. The analysis of the results of this project may confirm or refute the nature of the model statutes as a manifestation of smart regulation. In the course of the research, the author concluded that the topic of standard documents is not sufficiently studied in the science of legal technology. To eliminate this gap, it is necessary to define the concept and features of standard documents, their place among the tools of legal technology. The study of model documents is particularly important in the light of the upcoming spread of machinereadable law.
Key words: charter of a municipality, standard document, draft legal act, document templates, legal technique, municipal law-making, smart regulation.
Citation. Kareva I.A. The Standard Charter of a Municipality As a Means of Legal Technique. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 3, pp. 94-99. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.15
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