Право на город как конституционное право

Конституционное и муниципальное право. 2020. № 4. С. 73–80.

Карташов А. С.

The urban population level is increasing constantly. This fact determines the necessity of a special legal regulation of cities. For the purposes of such regulation it is worth paying attention to the concept of the right to the city which was developed by Henri Lefebvre in the XXth century. At the present time this concept is enshrined in a series of international documents. The possibility of the practical realization of the right to the city is proved by the examples of its legal regulation in Brazil and Poland where the right exists on the constitutional and the local levels. The significant part of this article deals with a problem of the right to the city in the Russian Federation. Specifically, the right to the city is analysed in the constitutional aspect. The constitutional right to the city is characterized as a complex right. This argument is confirmed by incorporating several constitutional rights (the right of private property, the right to a favourable environment, the right to participate in cultural life, local self-government rights, the right to participate in managing state) into the right to the city. All aforementioned constitutional rights are analysed in the context of the urban space. Particularly, the author shows the legislative regulation of ecological, cultural, self-government, and property aspects in cities. The legal regulation of the above-mentioned spheres, implementation of measures and the real situation in cities correspond to the existing problems. In the light of such difficulties the author suggests possible ways to solve them. Finally, the author attempts to predict the further constitutional development of the right to the city in the Russian Federation.

Keywords: местное самоуправление, local self-government, право на город, культурные права, конституционализация, cultural rights, the right to the city, constitutionalization, guarantee of the property rights, гарантии права частной собственности