Federalism and Local Politics in Russia

234 Hellmut Wollmann and Elena Gritsenko(vne granits) of the ‘settlements’. Whereas in the antecedent 1995 legislationsuch a differentiation between the LSG level was not made, the 2003 legislativescheme marks still another step, away from the Soviet-era ‘matryoshkadoll’ principle.4.2 Delegated (State) tasksThe Federal Constitution of 1993 explicitly mandated the ‘dual function’model of LSG when it declared that ‘organs of LSG can be endowed, bylaw, with specific state tasks’ 40 (Article 132.2) – with the crucial addendumand proviso that such transfer of tasks should/must proceed alongside ‘thetransfer of the material and financial resources required for the dischargethereof’. 41In an important organizational innovation and shift, the 2003 FederalLaw has linked the prescription of the Federation-wide two-tier LSG systemto the provision that only the upper LSG units, that is the (two-tier) municipaldistricts and (single-tier) city/metropolitan districts, carry out ‘delegated(State) tasks’. Thus, it is local authorities in the 522 city districts (which areessentially constituted by the regional capitals and other big – industrial –cities), and the 1,081 municipal districts (which are largely identical with theearlier administrative districts), which are charged with carrying out thedelegated (state) functions.4.3 ‘Statesization’ (ogosudarstvlenie) through the delegation of functions?Under the constitutionally confirmed ‘dual function’ model, Russia’s LSGsystem has been exposed to similar tensions and contradictions to thosefound in western European states (such as Germany) which employed the‘dual function’ model of local government. 42 In this model:• The (‘genuine’) LSG matters fall to the responsibility of the electedcouncils. In exercising them the local authorities stand under the legalreview of State authorities as a ‘mild’ form of state control (in German:Rechtsaufsicht). One may also speak of a ‘separationist’ model 43 thatinstitutionally and functionally distances the LSG levels and units fromthe State. Article 12 of the Federal Constitution that declares LSG not tobe ‘part of the State’ would express the ‘separationist’ idea.• By contrast, with regard to ‘delegated’ (State) tasks the elected localcouncils have no or minimal influence, while their conduct lies with thelocal administration and executive. At the same time, the discharge of‘delegated’ tasks is subject to a comprehensive (‘administrative’) controlby the upper State authorities, pertaining to the ‘expediency’ and appropriatenessof local decisions (in German: Fachaufsicht).• Since it is categorically stipulated in Article 132.2 of the FederalConstitution that the ‘implementation of delegated tasks (takes places)