AXIOLOGY OF LOCAL SELF-GOVERNMENT IN THE RUSSIAN CONSTITUTIONALISM IN THE XIX-XX CENTURIES

Abstract

A significant date is celebrated in 2014 - 150 years ago the local self-governmental system known as zemstvo was introduced in Russia, starting the process of genuine modernization of social life: people received invaluable experience not only to set, but also to solve social problems. In this article, the local government is seen as one of the most important legal values of constitutionalism. Based on the analysis of territorial self-government, established in Russia during the Great Reform of 1864, as well as the works of Russian constitutionalists of late XIX - early XX century, the author shows that the competence of the local government is not limited by the superintendence of local affairs. In fact, its subject is state affairs. The article proves that overcoming the opposition of the local government, on the one hand, and the government, on the other hand, which is typical for authors of Zemstvo reform in 1864, and for the modern Russian legislation, is only possible through the axiological constitutionalism. In this connection, the author defines the local government as a form of decentralization of state power, which contributes to the realization of the right to private and public autonomy of the citizen of a constitutional state, which is both a member of the people, and of certain territorial public community. This approach complies with the principles of the European Charter of Local Self-Government.