Problems of Delimitation between Public Authority Bodies of Powers for the Maintenance of Land Plots Whose Ownership Is Not Determined

The powers of local governments in Russia are defined by the principles of independence, the unity of the public authority system, and respect for citizens' constitutional rights. Municipal property management and environmental cleanup require clear legislative regulation. The Constitutional Court of the Russian Federation emphasizes that granting municipal authorities state powers is only possible with the availability of adequate financial resources and a legal framework. Insufficiently clear delineations of authority between municipal and state authorities in the context of eliminating unauthorized landfills on state-owned land plots lead to inconsistent judicial practice. The Constitutional Court's ruling of May 30, 2023, requires federal lawmakers to clarify the powers and funding sources for this activity. The current practice, according to which local governments are subject to administrative liability for failure to fulfill their cleaning obligations on unallocated land plots, creates legal uncertainty. The need to develop a special federal law regulating the interaction of government bodies on matters of cleaning and land maintenance underscores the importance of clearly defining powers and responsibilities at each level of government.

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Publication Details

Journal
Municipal service legal issues
Published
2026-11-11
DOI
https://doi.org/10.18572/2072-4314-2026-4-23-26
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

Problems of Delimitation between Public Authority Bodies of Powers for the Maintenance of Land Plots Whose Ownership Is Not Determined

Leonid G. Berlyavsky, Шаповалова Марианна Ивановна
Municipal service legal issues
Legal and Policy Issues
article

Problems of Delimitation between Public Authority Bodies of Powers for the Maintenance of Land Plots Whose Ownership Is Not Determined

Leonid G. Berlyavsky, Шаповалова Марианна Ивановна
article en

Abstract

The powers of local governments in Russia are defined by the principles of independence, the unity of the public authority system, and respect for citizens' constitutional rights. Municipal property management and environmental cleanup require clear legislative regulation. The Constitutional Court of the Russian Federation emphasizes that granting municipal authorities state powers is only possible with the availability of adequate financial resources and a legal framework. Insufficiently clear delineations of authority between municipal and state authorities in the context of eliminating unauthorized landfills on state-owned land plots lead to inconsistent judicial practice. The Constitutional Court's ruling of May 30, 2023, requires federal lawmakers to clarify the powers and funding sources for this activity. The current practice, according to which local governments are subject to administrative liability for failure to fulfill their cleaning obligations on unallocated land plots, creates legal uncertainty. The need to develop a special federal law regulating the interaction of government bodies on matters of cleaning and land maintenance underscores the importance of clearly defining powers and responsibilities at each level of government.

Municipal service legal issues
Rostov State University of Economics (RU)
Legal and Policy Issues
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