Judicial Protection of the Right of the Population to Territorial Self-Organization in the Russian Federation: Assessment of Current Practice

Abstract

Purpose of the study. The article examines topical problems of judicial protection of the population's right to territorial self-organization. This research seems to be relevant in connection with the problems that have arisen in practice, which require a comprehensive substantiation of the constitutional content of the population's right to territorial self-organization and an assessment of the existing judicial practice of considering territorial disputes in the system of local self-government in the Russian Federation. Conclusions. As a result of the study, the authors come to the conclusion that the provisions of Federal Law No. 131-ФЗ as amended by Federal Law No. 87-ФЗ dated 05/01/2019 and the judicial practice of recognizing a decision of a representative body as a form of consent of the population to change the boundaries of municipalities contradicts the constitutional right of the population on territorial self-organization. Such forms of democracy as a local referendum, general municipal discussion by the population or a general municipal poll should have an advantage, which will maximize the involvement of residents in resolving issues of the territorial structure at the municipal level.