THE CONCEPT AND SCOPE OF MUNICIPAL GOVERNANCE ENTITIES’ COMPETENCE IN RUSSIAN FEDERATION AND CANADA
Bibliographic record
Abstract
УДК 342.25 The purpose of this article is to study the concept and the content of "competence" cate-gory in relation to the entities of municipal governance in Russia and Canada. The methods of theoretical analysis, along with legal methods, including formal-legal and comparative law methods are used to achieve this goal. In the article, the author notes the lack of consensus in legal science in determining the con-tent of "competence" category and its subjective identity. Some authors consider the compe-tence as a set of rights and obligations of public authorities (Yu.A. Tikhomirov, S.A. Avakyan), while others recognize the correct use of the word "competence" in relation to the public territorial collectives and institutions of public power in general (T.M. Byalkina et al.). The Russian legal model for determining the competence of municipal governance entities also implies the distinction between the concepts of "local issues" and "powers." Unfortu-nately, the domestic legislator does not provide for the clear distinction of these concepts, and there is also a lack of content specification of the issues to be addressed at the local level. Recent changes in law also call into question the relation between the municipalities’ competency model and the constitutional autonomy of local government. At the base of the approach to the definition of the competence of municipal government entities in Canada, as well as within the Anglo-Saxon model in general, lies the need for decentralization of functions, which cannot be effectively carried out by the central author-ities or the private sector (A. Sancton). The competence carrier here is a municipality as a form of public corporation. This does not lead to contradiction between this carrier and other municipal governance entities (specifically, local authorities), as the latter carry out activities for the competence implementation on behalf of the corporation. The approach to the municipality as a corporation originally anticipated the use of the ultra vires doctrine, which excludes from municipal jurisdiction the issues and powers not ex-pressly granted by statute. However, the analysis of the dynamics of legislative and judicial practice in Canada demonstrates a departure from this fundamental principle in favor of expanding the municipal competence, based on the goals of municipalities’ activities. The author believes that such an approach is contrary to the legal nature of municipal corporations, and therefore the rules governing the competence of municipalities and the rules governing their legal status in general need to be harmonized. Based on the above, the author concludes that in Russia and Canada both theoretical and normative work is required to eliminate defects and optimize the functional load of munic-ipal governance entities.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.005 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.004 | 0.004 |
| Science and technology studies | 0.010 | 0.010 |
| Scholarly communication | 0.008 | 0.002 |
| Open science | 0.001 | 0.004 |
| Research integrity | 0.001 | 0.001 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".