ARTICLES
In the 21st century the place and role of different social institutions changes essential. An independent and self-sufficient person becomes in a greater measure a political actor and demands the participation right enlargement not only in public activities but in the decision making about the main issues of his / her life. It leads under the informatization and digitalization conditions to the rapid individual actions’ volume growth and to the individual rationality increase which can have positive and negative consequences as well.
The local self-government — the nearest institute to citizens able to channel best of all others their needs — is also inside the transformation process. In Russia the above described processes develop in the more complicated and inconsistent context and require more attention to the decisions about self-government issues. The really acute manifestation of them is connected with a poor understanding in the society of a self-government role and place in the optimal and uniform quality of life providing on municipalities’ territory. At the time the Constitution of the Russian Federation is the solid foundation for localities functioning but it also consists of some contradictions.
New local self-government development tendencies in more developed systems with a longer history appear in multiple forms called in some actual research “diverse democracy”. Its meaning can become in a near future the crucial meaning.
The basic human needs include the need for public goods, which are met by the Constitution of the Russian Federation. The State cannot be the sole producer of such goods, as the state monopoly in the public sector has a negative impact on the quality of public goods. Their production should be based on the competitive activities of non-commercial organizations (NCO). The participation of the state and local governments in the public sector should be limited primarily to financing the expenditure of citizens on the consumption of public goods, as well as to the regulation and control of the activities of NCO.
The constitutional basis for the creation of NCO, based on membership is the right to union, guaranteed art. 30 of Constitution of the Russian Federation. Creating conditions for the realization of the right of citizens to unite requires a system of guarantees, which includes socio-economic, political, legislative and other guarantees. A special role among the guarantees of the right of citizens to unite is played by its judicial protection against the misconduct of the state and local government. Such protection should be directed at the application of liability measures to public entities, their bodies and officials in the event of violations of the rights and legitimate interests of non-profit organizations or their members.