Abstract: Local government system system. The concept and system of local self-government, its organization and principles

Most Russian researchers following the legislation by the main subject local governments Calls the population. Local self-government is considered as a management system in which the subject and the management object coincide, the control system affects itself. The primary signs of self-government are self-organization, self-identity, self-regulation and self-control, and social sign is the general participation of citizens in management.

In reality, the main subject of local self-government can only be recognized as conditional. His participation is limited by the elections of the heads of municipalities, representative bodies of local self-government and other elected bodies and officials of local self-government. Such democratic institutions, as a referendum, law-minded initiative, meeting of citizens, territorial public self-government is not yet fully developed. Today, a separate citizen is concerned about the improvement of its well-being, and some categories of the population are generally below the poverty line. "The wealthy, economically independent citizens are striving for self-government," and "beggars and disadvantages are striving for care."

The main element of the local government system, carrying out daily activities to implement the functions of local self-government, are actually local authorities. Their creation in the municipality "is an indispensable condition for the proper functioning of the specified system and is due to an objective necessity, and not only the requirements of the legislation." The term "local self-government" is largely applied theoretical and ideological nature and formally assumes that the population of the respective administrative-territorial units itself manages their affairs. The idea of \u200b\u200bself-government assumes no equal
(and, of course, not forced) the distribution between all residents municipal Education specific functions, and accessibility for all at any time to join the process social management And get out of it. The management process, however, should occur continuously, it requires certain professional qualities, which is necessary for the special bodies, it is necessary. As the American professor V. Spool notes, "the vote is a very subtle thread, it is hardly strong enough to allow us to consider that the people rules, choosing their representatives."

Under these conditions, almost all powers by decision
Local importance issues are implemented by local governments.

It is noteworthy that the European Charter of Local Self-Government, Generalizing Existing Experience municipal activities, recognizes the right to carry out local self-government primarily for elected bodies (tips or meetings), which can have the executive bodies accountable. Direct participation of citizens in self-government is not excluded, "if this is permitted by law" (part 2 of article 3).

This document It comes primarily from pragmatic considerations. Management activities are complex and requires the availability of special bodies whose employees should have the necessary professional knowledge and skills. In large settlements, especially in cities, as well as in municipalities, uniting several settlements, the direct participation of the population in operational management of the municipal economy is inappropriate, or rather, almost impossible. Control conditions public System At the municipal level, objectively implies the formation by the population of relevant bodies that implement the competence of local self-government.

Certain powers can be provided only to municipal authorities. So, for example, the Constitution of the Russian Federation 1993 (Part 1 of Art. 132) and the Civil Code of the Russian Federation (part 2 of article 125), the right to independently manage municipal property is provided by local governments.

In addition, local governments and local government officials are the only subjects of legal liability in the entire system of local government. It is only possible to apply certain measures of impact on errors and offenses committed in solving local issues. Thus, the presence of local governments is the most important and necessary organizational condition for the reality and effectiveness of the new socio-legal institution.

Regarding the definition of local governments in legal science there are several points of view. So, G. V. Barabashev notes that municipal institutions are a relatively decentralized element state organizationwhich includes the start of democratism. Among the signs of municipal authorities, he allocates the locally managerial nature of these bodies, their organizational and functional independence. Organizational separation municipal institutions From other units of the state office, it is expressed in the fact that at the head of each municipal unit should be an organ or directly elected by the population or a derivative from other municipal authorities. As such a body in some cases, the meeting of voters. Unlike them, other state administration authorities are appointed from above and operate as local government agents. They are fend off on their own organizational basis from the population and personify Centralism in public administrationbrought to the very foundation of the state pyramid.

O. E. Kutafin under local government agencies understands "bodies of local self-governing territorial communities that they form and in front of which they are responsible for the proper exercise of their powers."
Unlike G. V. Barabashev, he believes that local governments are not an integral part of the state management mechanism. In his opinion, local governments are a way of organizing and implementing power in places, which provides an independent decision by citizens of local life issues.

M. N. Kosyuk under the body of local self-government understands "created in the manner established by the charter of the municipality, an element (link) of the system local governmentconsisting of the team of municipal employees (official), which perform the tasks of solving local issues with organizational separateness, their own competence and authority. "

Due to the legislative branch of local governments from the system of organs state power The question arises: what is the fundamental difference between the local government body and the state authority?

In the scientific literature, the concept of "state authority" and the "state authority" are used as synonyms. Under the state body is understood to be "legally executed, organizationally and economically separate part of the state mechanism, consisting of civil servants, endowed with state-powerful powers and necessary material means for implementing certain tasks and state functions within its competence." The following main signs of state authorities can be distinguished: they are formed by the will of the state and carry out their functions on behalf of the state; perform strictly defined specified species and form activities; have legally fixed organizational structure, territorial scale of activity; endowed with government authorities.

Analysis legal status Local self-government allows the following conclusions. Local governments are also formed by the will of the state. This is evidenced, for example, the prescription of the Federal Law of October 6, 2003 No. 131-FZ "On general principles The organization of local self-government in the Russian Federation "that the presence in the structure of local governments of the representative body of the municipality, the head of the municipality, local administration (the executive executive body of the municipality) is mandatory.

The areas and forms of activity of local governments are defined in the Constitution of Russia 1993 (Article 132), the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" (Ch. 3), some other Federal laws and laws of the subjects of the Federation. Local self-government bodies have their own organizational structure, which is legally enshrined in the charters of municipalities or in the provisions on these bodies. The activities of local governments are carried out in strictly defined boundaries of municipalities, which are an integral territory of the Russian Federation.

the federal law Of October 6, 2003 No. 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" provides local governments and a number of powers of a state-powerful nature. To those can be attributed to the right of bodies and officials of local self-government legal acts, the right of the representative body of the municipality to establish local taxes and fees, regulate the procedure for management and disposal of municipal property, etc. The listed powers certainly have a domineering nature, because solutions to local governments and officials of local self-government, adopted within their powers are mandatory For all the enterprises, institutions and organizations located in the territory of the municipality, regardless of their organizational and legal forms, as well as citizens. Failure or improper performance of these solutions entails legal responsibility In accordance with applicable law. The decisions of local governments and officials of local self-government can be abolished by bodies and officers, accepted them, or recognized as invalid in court.

Thus, local governments and state authorities have a lot in common. At the same time there are certain differences. Local governments in their activities should not only take into account public interestsBut, first of all, combine them with the interests of the population of the municipality and to submit these local interests in relations with other laws of law. To this end, they are provided with some autonomy, which allows the use of available funds and powers of a state-powerful nature at its discretion. At the same time, these bodies operate within a single public PolicyThey ensure the satisfaction of the basic vital needs of the population of the municipality "at the level not lower than the minimum state social standards."

Municipal authorities have an element of a local government system, and local government is the Social Legal Institute of the State and Society. In this complex system of relations, the local government body can be described as part of the state mechanism due to the need to ensure the functional unity of the public authority. At the same time, the remaining elements of the system of local self-government are more institutions of civil society.

Local governance authority (municipal authority) - Organizational and economically separate element (link) of the local government system, created in the manner prescribed by the charter of the municipality in accordance with the requirements of the legislation, which is a team of people (official), endowed with the authority of a public-powerful nature to solve a certain part of public affairs within the borders Municipal education, taking into account the interests of the population living in it and responsible for this population, state, individuals and legal entities.

Among the signs that distinguish municipal authorities from government agenciesThe following can be allocated: 1) Municipal bodies are formed exclusively by the population of the municipality and its representative bodies; 2) in the implementation of their powers, municipal authorities are independent (operate independently of state authorities), they are not included in the system of state authorities; 3) carry out their activities based on the interests of the population of the municipality in combination with the interests of the state and responsibility to this population.

Thus, local self-government organs are characterized by a special provision in the public administration mechanism. Such status follows from the nature of the largest self-government as the socio-legal institution of modern russian society and state. As noted above, this nature is dual, it combines state and public starts.

In each municipality, as a rule, there are several types of local governments and officials of local self-government. Being divided, they act not chaotic, but systematically, that is, in the manner due to the procedures for their education, interjection and relationships that ensure the achievement of common goals.

The system of local self-government agencies is a collection of representative, executive and other elected and appointed municipal bodies of general and special competence and officials united by the Combined goals and objectives by decision of the public affairs within their authority in the territory of the municipality in accordance with the Russian Constitution , federal laws and laws of the constituent entities of the Russian Federation, based on the interests of the population of the municipality, national, historical, cultural and other local traditions.

Any system, regardless of which objects or phenomena make up its content, is characterized by a certain structure, i.e., "the presence of links between the elements and the appearance in the holistic system of new properties that are not inherent in the elements separately. Communication, integrity and affordable sustainable structure are such features Any system. "

The structural aspect of the system of local self-government agencies is that all municipal bodies constitute a single integer divided by the content of the problems of various organs into the corresponding interrelated parts of the structure of local governments.

The Constitution of the Russian Federation of 1993 enshrines the provision that "the structure of local governments is determined by the population independently" (Part 1 of Article 131). V. V. Pillain believes that in relation to the aggregate of local governments, it is necessary to use the concept of "system", and the concept of "structure" - to its definite bodies, by virtue of which the population should not determine the structure, and the system of local governments to be fixed The charter of the municipality, the structure of these bodies it is advisable to identify representative bodies and heads of municipalities.

In philosophy, the concept of "system" is defined as a set of elements in relations and connections with each other, which forms a certain integrity, unity, and the "structure" is a set of sustainable bonds of the object that ensure its integrity and identity itself. Although there is no single point of view, however, in most cases, the concept of "system" is considered as the most widely, characterizing all many manifestations of a certain complex object (its elements, structure, communications, functions, etc.). The structure expresses only what remains stable, relatively unchanged for various system transformations.

It is difficult to agree with V. V. Dusty that the population is not determined by the structure, but the system of local governments. The population does not define the fundamental principles of the organization of a set of municipal authorities, their functions and tasks, i.e., the whole set of manifestations and options for the functioning of local governments.

Such principles are already contained in the Constitution of the Russian Federation of 1993, federal laws, the laws of the constituent entities of the Russian Federation. This is a general description of the system of local authorities (local government is carried out through election and other bodies), the establishment of exclusive powers of representative bodies of the municipality, etc. The concept of the structure of "local governments" includes list of concrete organsincluded in the system of local self-government. Such a list is determined no longer by the Constitution of the Russian Federation and the laws, but by the population of the municipality independently and is fixed in the charter of the municipality.

E. V. Miroshnichenko notes that according to the narrow interpretation of the "Structure" represents a combination of independent status of bodies through which the functions and powers of local self-government are carried out in this area. In the broad sense of the word, the concept of "the structure of local governments also includes the internal structure of the representative and executive body. In her opinion, the population independently determines the "structure of local governments" and in a wide and narrow interpretation.

In accordance with Part 5 of Art. 34 of the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" local governance structure In the case of education at the inter-aided territories of the newly educated municipality or in the case of transformation of the existing municipality determined by the population at the local referendum or representative body Municipal education and enshrines in the charter of the municipality. The decision to determine the structure of local self-government bodies at the local referendum is adopted by the state authority of the subject of the Russian Federation in the presence of an appropriate initiative of citizens. In the absence of such initiative, the structure of the municipal bodies is determined by the representative body of the newly educated municipality after its election. Despite the disputes of such a prescription regarding his compliance of the Constitution of the Russian Federation, it is possible to recognize such a decision on the structure of the municipal authorities is quite successful. In this way, new law ensures the warranty of the structure definition in the absence of population activity in solving this issue.

The population cannot directly develop the structure of local governments. The need to include in these or other bodies should be justified, taking into account the procedure for their interaction and relationships in general, as well as taking into account the costs that will be required for the content of these bodies. In any case, the projects of the structure are compiled by a special working group (or several working groups), and its options can be determined by the population of the municipality.

In the view of the authors, it is impossible to agree with E. V. Miroshnichenko
In the fact that the population independently determines the structure of local governments, and the internal structure of each of these organs. If you follow this interpretation, it turns out that in each case the change internal organization A separate organ of local self-government (and it can change quite often for the purposes of the most effective implementation by the authorities) it is necessary to organize a referendum. The referendum organization is a long-term and time consuming process, requiring certain financial costs and material support. The new Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" determined, for example, that the structure of the local administration is approved by the representative body of the municipality on the submission of the head of the local administration (Part 8 of Art. 37). Internal structures other Local governments in the event of their formation should be determined in the manner established by the charter of the municipality (part 3 of Art. 34). Thus, taking into account that according to the new law, the charter of the municipality is made exclusively a representative body of the municipality (part 10 of Art. 35), the population cannot participate in the approval of the internal structures of each particular local government authority. The population determines scroll local governments constituting the structure in a particular municipality.

This provision is consistent with both Art. 6 European Charter of Local Government, which prescribes that " local authorities should be able towithout violating more general legislative provisions themselves define their internal administrative structures,which they intend to create, so that those answered local needs and ensure effective management. "

The structure of local governments is representative organ The municipality, the head of the municipality, the local administration (the executive and administrative body of the municipality), the control body of the municipality, other bodies of local self-government provided for by the charter of the municipality and possessing their own authority to address local issues. The presence in the structure of local governments of the representative body of the municipality, the head of the municipality, the local administration (the executive executive body of the municipality) is mandatory, except in cases provided for by the Federal Law of October 6, 2003 No. 131-FZ "On General Principles of Organization local self-government in the Russian Federation. "

The procedure for formation, powers, term of office, accountability, control of local governments,
As well as other issues of the organization and activities of these bodies are determined by the charter of the municipality. The names of the representative body of the municipality, the head of the municipality, the local administration (the executive and administrative body of the municipality) should be established by the law of the subject of the Russian Federation, taking into account historical and other local traditions. Financing of expenses for the maintenance of local governments is carried out exclusively at the expense of its own budget revenues of relevant municipalities. Local governments independently determine the size and conditions of remuneration of deputies, elected officials of local self-government, carrying out their powers on permanent basis, municipal employees, employees of municipal institutions in compliance with the requirements established by Budget Code RF dated July 31, 1998 No. 145-FZ.

The structure of local governments and the procedure for their formation should be configured in the charter of the municipality. The change in the structure of local self-government bodies is not otherwise carried out by making changes to the charter of the municipality. The question of the structure of local governments is solved by a representative body of the municipality, taking or changing the charter of his municipality. Changes and additions made to the charter of the municipality and changing the structure of local governments, the powers of local governments and elected officials of local self-government, enter into force after the expiration of the term of the representative body of the municipal entity who adopted the municipal legal act on amending the statutes of these changes Additions.

The system of local governments should be formed in accordance with uniform principles. These include: 1) the obligation of the presence of a representative body of the municipality, the head of the municipality, the executive and administrative body of the municipality; 2) independence by the local government authority; 3) under the control of the organs and officials of the municipality of the representative body of local self-government; 4) the delimitation of powers between local governments based on the priority of the representative body during restrictions on the other; 5) the interaction of local governments with state authorities.

The classification of local governments can be carried out on various reasons.

By subject of formation Local self-government bodies can be divided into directly formed by the population and formed by other bodies and officials of local self-government.

According to the formation method distinguish elected and appointed municipal authorities.

Depending on the method of decision-making Municipal authorities can be divided into collegial and unique.

By the nature of competence You can allocate local self-government agencies with general and special competence.

Municipal systems of local self-government provide acquisition by citizens of complete freedom when choosing and using various democratic forms to solve various issues of territorial importance. These institutions contribute to increasing political literacy of the population. Consider further what the system of local self-government is submitted today in Russian Federation.

general information

First of all, it should be noted that the system of state and local self-government - the institute in which two interrelated directions for the implementation of the will of the people in the country and in its administrative-territorial units are operating. These elements cannot exist absolutely isolated from each other. The system of state authorities and local self-government operates on the basis of current legislation. The fundamental points are laid in the country's constitution. According to its provisions, the system of local self-government in the Russian Federation ensures the decision by citizens territorial issues, independent use, disposal and ownership of property. In FZ No. 131, the authority of structures operating on behalf of and in the interests of the people are established.

Concept and system of local self-government

The Constitution provides for various forms of implementing the will of the population. As one of the mains legal system local self-government. This institute is a decentralized administration form. Its main sign is the relative independence, autonomy of local authorities. This structure is presented in the form of a set of elements of direct willing, electoral and other structures. The functions and principles of local self-government are implemented through them.

The basic Law

Art. 12 The Constitution recognizes and guarantees in the state the implementation of local self-government. Within the framework of the existing authority, this institute is independent. Territorial bodies are not included in the structure of institutions of state-owned. In paragraph 2 and 3 of Art. 12 of the Basic Law establishes the shape of the expression of the will by the population. People can realize their will both directly and through the authorities of the state-owned and the system of territorial administration. In the Constitution, Chapter 8 is also devoted to the institution under consideration.

Art. 130-133 Consolidate the provisions in accordance with which the organization of the system of local self-government is carried out.

Specificity

The system of local self-government in Russia is implemented in rural, urban settlements and other territories in accordance with historical and other traditions. The structure of institutions through which the expression of the will of citizens is carried out is determined by them alone. The change in the boundaries of the administrative and territorial units is made taking into account the opinions of people inhabiting them. The system of local government authorities has certain powers. In particular, the institutions included in it own, enjoy their property, apply, approve and execute the budget, establish territorial fees and taxes, ensure the protection of the order, solve other important issues. Local organs can endure some government authorityFor the implementation of which the relevant financial and material funds are transmitted. Their execution controlled by the administrative apparatus of the country.

Warranty

The Russian local government system has the right to:

Protection in court.
Compensation additional costwhich arose during the implementation of decisions adopted within the framework of the structure.

Together with this, the Constitution prohibits limit the limits of the authority of local self-government, fixed in it itself and the FZ.

The legislative framework

According to the European Charter ratified in the Russian Federation in 1998, local government is the legal opportunity and the real ability of relevant authorities to regulate a certain amount of public affairs and manage them within the framework of existing regulatory acts, under its own liability and in the interests of local residents. The wider interpretation of the definition is given in FZ No. 131. This law also establishes the principles of the system of local self-government. These documents (together with the Constitution of the country) form a legal basis for the existence of the institution under consideration.

The main provisions of activity

The system of local self-government in the Russian Federation is functioning in accordance with the circumstances of the Institute, scientifically substantiated and enshrined in the legislation, ideas and beginnings. European Charter - international Documentin which they are fixed. As an internal regulatory act, FZ No. 131 is in advance. This law divides the principles of territorial self-management on:

Economic.
Organizational.
Legal.
Territorial.

As part of the legal principles:

It has been established to limit the possibilities of the country's subjects in regulating issues related to territorial administration.
Unified for all regions model self-government device in places.
A differentiated list of areas of territorial value in accordance with the type of MO was enshrined.
The system of local governments is regulated in detail.
Differentiated sources of income of the administrative and territorial unit and so on.

Classification of distribution provisions

The doctrine of the municipal law divides them into general and special. The first apply to all areas of territorial administration. Special principles concern only certain spheres of influence. The Constitution and FZ No. 131 establishes general provisions. At their foundation, the entire system of local self-government is functioning in the Russian Federation. Within general provisions The most important issues relating to territorial administration are regulated. These principles are fixed not only in national regulatory acts, but also in the charters of MO.

General Provisions: Characteristics

The system of local self-government implements fundamental ideas and starts expressed in:

Supreme to the Constitution and the FZ.
The independence of the decision by citizens of territorial importance.
The organizational isolation of the institute, its structures in the system of state-owned (when interacting with the latter in the implementation of common tasks).
Compliance with financial and material resources to authority.
Responsibility of institutions and employees in front of the population.
The manifold of organizational forms of the implementation of power in the field.
Compliance with the interests and freedoms of citizens.
The legality in the organization and functioning of the local government system.
Publicity of the institute.
Collectibilities and unity in operation.
State guarantee and support for the state.

Special provisions

These principles include:

A guarantee of compensation for increasing costs or reducing incomes of territorial structures that appeared due to certain decisions.
Obtaining authorized local bodies for use natural resourceslocated within the borders of MO.

Functions

The system of local self-government operates in certain directions. They are caused by nature directly the institution itself, the main provisions, tasks and goals set in front of it. The territorial administration is intended to provide:

The needs of citizens at various services.
The combination of territorial and nationwide interests.
The implementation of social and economic potentials and so on.

Based on Analyze legislative base, It is possible to highlight the following functions that executes the system of local self-government:

Protection of order within MO, ensuring compliance with legality.
Management of financial resources and municipal property.
Ensuring the participation of citizens in solving territorial issues.
Satisfying the needs of the population in the public utility, socio-cultural and other necessary services.
Ensuring the development of the territory.
Protection of the rights and interests of the institute guaranteed by the Constitution and the FZ.

Features of activity

As described above, the system of local governments - relatively independent institute. It functions within the existing powers. At the same time, state power forms certain restrictions for the activities of territorial structures. Such regulation provides not only control over the activities of the Institute, but also ensures the protection of the legal capacity and interests of citizens and organizations. The system of local self-government carries out its activities within common Structure The administrative apparatus of the country, possessing a certain degree of independence. The functioning of the Institute is characterized by the following features:

The presence of appropriate authority.
Compecable decisions for organizations and citizens who are within this territory.

Structure

The system of local self-government includes a selection institute, through which the propagation of the population is implemented. It also includes other non-election structures. These bodies are formed on the basis of the charters of administrative-territorial units. In the composition of local authorities there is an administration with the head. The latter is appointed by post by election. Within the framework of the system there are also various management, ensuring the implementation of general and special principles of local government.

Socio-economic sphere

Currently, life support in administrative-territorial units through instructions from the center has become not only irrational, but also impossible. As practice has shown, the maximum satisfaction of the paramount needs of the population depends on the efficiency of power in the field. In the course of the implementation of administrative reform, the formation of the financial and economic basis of territorial entities is considered to be the most relevant. Its stability ensures the effectiveness of the mechanism of local authorities. The Constitution and FZ No. 131 endowed the Institute with wide opportunities to control the socio-economic development of the territories. Structures, possessing relevant powers, are intended to coordinate and regulate the work of organizations, institutions, enterprises located within the limits of MO, regardless of their ownership forms in the fields:

Land use.
Construction.
Nature conservation.
Use of labor.
Production of folk consumption.
Household, socio-cultural and other service of citizens.

Before territorial bodiesThus, practical basic tasks of financial and economic development are delivered.

Budget question

As the main problem territorial power in sphere economic Development Performs the achievement of financial independence, which is proclaimed in the provisions of the Constitution. The relevance of the issue is due to the fact that at one time all budgets were deficit. In this regard, local authorities could not fully realize their powers. In addition, in 1990-2000. In the conditions of narrowing taxable base federal Center And the regions increased the concentration of funds in their own budgets. As a result, the security of local funds has decreased from 66% to 40% (in 1999). Dotations in half of the administrative and territorial units amounted to 75-80%. Some local authorities noted a certain paradoxicality of the situation. The regions have wide tax authority, and mine they were extremely limited. More than half of the means concentrated from subjects. At the same time 90% social projects The federal level was funded by local budgets. At the expense of these funds, market, urban transport, housing and communal services were almost fully implemented.

Direct democracy

After the Constitution was adopted in 1993, reforming the local authorities began in accordance with the principles of self-government. As the basis for this, the FZ was opposed to 1995 and 2003. The various forms of expression of the will of the population were legally enshrined. These include:

Municipal elections.
Local referendums.
Voting on territorial issues.
The gathering of citizens performing the functions of the representative body.
Collection. They are held to discuss territorial issues. The results of meetings should be officially published, and appeals are considered by officials and authorized structures.
Powered government initiative. It is related to the implementation of the opportunity to enter into relevant territorial institutions projects of regulatory acts that are subject to mandatory consideration.
Public self-government.
Conferences of citizens. Through them, authority is being implemented in certain cases.
Polls. They are held within MO to identify the opinions of citizens and subsequent accounting in the course of decision-making by local authorities.
Collective and individual appeals of residents.
Other forms that do not contradict the legislation of the country.

Mediated Volatile

It consists in implementing self-government through officials and authorized structures. The formation of institutions is carried out by the population. However, according to the legislation, the structure should be present:

Representative body.
Head of MO.
Local administration, acting as an executive executive body.

In addition, a control institute may be formed to coordinate the implementation of the territorial budget, compliance with the procedure for its preparation and consideration, to compile a report on its use. Such an authority may be the Audit Commission or the Accounts Chamber. In the preparation and conduct of territorial elections, the referendum may form the electoral structure of MO.

Features of elements

Representative body Municipal Assembly, Duma or Council of Deputies - can be created through the territorial elections in settlements or to form from the heads of settlements and members of their legislative structures related to this territory. The head of the administrative unit is the official of the highest level within its limits. In accordance with the statute of MO, it is endowed with its own authority to solve territorial issues. Federal laws provide for different ways of election of the head of the administrative unit. In accordance with them, the specifics of the legal status of this official, as well as its legal opportunities and obligations are established. Their implementation is carried out through the participation of the head of MO in the relevant relationship, which arise in the formation and execution of administrative tasks in the territory.

Additionally

The Charter in MO gives the local administration with relevant powers to solve territorial issues. In addition, the Institute may have additional opportunities. They are needed in certain cases to implement individual powers transmitted local organs FZ and regional laws. As an integral element of the territorial structure, public associations, formed directly by the citizens themselves, are. These organs are formed on the basis of their voluntary will. They are distinguished by territorial signs of formation and functioning, the representative nature of self-government and public form.

Conclusion

The system of local self-government is the most important element of the country's constitutional system. It is a form of realization of the will of the population. This institute is intended to ensure independent and under its own liability of solutions to residents of various territorial issues in accordance with the interests of the people themselves and taking into account the existing historical and other traditions. As legal basis The generally accepted norms and principles of the International Doctrine, the Constitution of the country, FZ, the presidential decrees, government decisions and other legal acts are performed. This institute is distinguished by relative independence from the central administrative apparatus. However, the two data elements interact closely with each other, especially when solving general issues. The implementation of local self-government is carried out throughout Russia in the respective municipalities. These include rural and urban settlements, districts, districts, as well as the internal territories of the cities of federal significance. The effectiveness of local self-government reflects the level of democratization in the country, freedom of the population in the expression of their will. This institute ensures equal participation of citizens in solving administrative issues federal and territorial importance.

As a result of the study, the student must:

know

system of local governments in the Russian Federation;
the concept, overall characteristics, competence and form of work of the representative body of the municipality;
legal status of the deputy of the representative body of the municipality;
Features of the appointment, powers and acts of the head of the municipality;
the procedure for appointment, powers, features of the head of the local administration;

be able to

characterize the system of local governments;
reveal the powers and specificity of the activities of local governments;

own

conceptual apparatus on the topic;
Skills of critical and objective analysis of federal, regional and municipal legal acts.

The concept and overall characteristics of local governments in the Russian Federation

The functions of local self-government are carried out both directly by citizens and through local governments.

In accordance with the Federal Law of 06.10.2003 No. 131-Φz, local governments are elected directly by the population and (or) formed by the representative body of the municipal formation, authorities endowed with their own authority to address local issues.

According to Art. 34 of the Federal Law of 06.10.2003 No. 131 - FZ The system of local government agencies amounted to a representative body of the municipality, the head of the municipality, the local administration (the executive and administrative body of the municipality), the control body of the municipality, other bodies of local government provided for by the charter of the municipal formation and possessing our own authority to address local issues. Moreover, it is emphasized that the presence of not only the representative body of local self-government, chosen by the population, but also the heads of municipality and the local administration.

The law provides for only two exceptions:

1) B. rural settlement or the municipality located on the territory of the city of federal significance, the charter may provide for the formation of the executive and administrative body, headed by the head of the municipality that acting the authority of the representative body of the municipal formation. In other words, the head of the municipality has the right to head and the local administration, and the representative body of the municipality;
2) In the settlement, which is the administrative center of the municipal district, the charter may provide for the formation of the local administration of the municipal district to which the fulfillment of powers of the local administration of this settlement is assigned. In this case, the settlement administration is not formed.

The procedure for the formation, powers, term of office, accountability, controlling the local governments, as well as other issues of the organization and activities of these bodies are determined by the charter of the municipality. The change in the structure of local self-government bodies is not otherwise carried out by making changes to the charter of the municipality. At the same time, the decision of the representative body of the municipality about the change in the structure of local governments enters into force no earlier than after the expiration of the term of the representative body, who adopted this decision.

Authorities and officials of local self-government, without being an integral part of the system of government agencies, are an independent form of realization by the people of their power. They carry out activities that are publicly domineering. Therefore, the decision taken within their authority is mandatory in the territory of the municipality for all enterprises, organizations, institutions, officials, citizens, public associations.

Based on the meaning of the Federal Law of 06.10.2003 No. 131-φs, the following can be distinguished signs local governments:

1) empowerment to solve local issues;
2) a ban on the inclusion of local governments into the system of government bodies;
3) the obligation of the formation of local self-government bodies by the population or its representatives;
4) possession of the right to publish regulatory municipal acts;
5) financial support Activity exclusively at the expense of own revenues of the budgets of municipalities.

Local governments can be classified according to various criteria.

By method of education Local self-government bodies can be divided into elected and other.

By the specifics of the functions performed Local governments are divided into representative and executive and administratives.

By competence Local governments can be classified as bodies of general and special competence. Under organs common competence It is understood by those whose activities apply to all areas of local governments, but under the bodies of special competence - "sectoral" bodies engaged in the narrow direction of the activities of local self-government.

By method of decision-making Local governments are classified for collegial, unique and mixed. Collegiates are organizational and legally united groups of persons who own the priority of decision-making on all issues of the competence of these bodies. The unity of the authorities in which the decisive power on all issues of their competence belongs to the leader leading the authority.

Organs where uniqueness combines with collegiality are mixed. They are distinguished by comprehensive and qualified collegial discussion and solving strategic and operational issues, but the sole conduct of the decisions made to life by the head of the relevant authority.

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1. The concept of "local government authority"

In accordance with the Constitution of the Russian Federation, local self-government is carried out by citizens through referendum, elections, other forms of direct will. through elected and other local governments (Article 130). In determining the concept of local self-government in the Federal Law No. 131 - FZ, the emphasis is on the activities of the population and (or) bodies of local self-government solving local importance. Hence the two outputs.

First, local self-government bodies along with separate citizens, the population of the entire municipality or its part is the main subjects in the system of local self-government. At the same time, due to the fact. That local governments are formed on the basis of the will of the population, citizens are considered primary subjects of local self-government, and the organs are secondary.

Secondly, since local government is one of the forms of the people of their power, then all local governments (as elected and not elected) must acquire their powerful powers through the procedure, directly or indirectly associated with the appearance of the will of citizens in elections. It means other (not elected) local governments may not be considered any structures, decisive questions local significance, but only those that are formed by authorities or officials who have received their powers in municipal elections.

It is these two possibilities of forming local governments - directly in elections or by education by a representative body - now reflected in the Federal Law "On General Principles of Local Government in the Russian Federation" No. 131- FZ. Article 2 of this Law, local governments are called elected directly by the population and (or) formed by the representative body of the municipal entity, endowed with their own authority to address local issues. As we can see, in this definition, another important feature is indicated - the independence of the body in the form of its own powers to address the issues of local significance. In the quoted article 2, nothing is said about how their own powers should occur, but in Article 34 on local governments, there is a key provision that all bodies (mandatory, optional and other) should be provided for by the charter of the municipality.

If you apply to the provisions of Article 44 about the charter of the municipality, we will see that in the Charter, it is necessary to determine:

· The names and powers of elected and other bodies of local governments, officials of local self-government,

· The structure and procedure for their formation.

· Term of office

· Basis and procedure for termination of authority,

· Types of responsibility,

· Accountability and controlling.

Consequently, that the structural unit in the settlement receives the status of local government. In the Settlement of the settlement for it, all parameters mentioned above must be installed.

The exception is the newly created municipalities. The legal status of local self-government bodies in them may not be established in the Charter, but in another regulatory legal actFor example, in solving a local referendum. It is important that before the formation of each body (before election or empowerment in a different way), this status was clear for voting residents or deputies of the representative body.

Another sign of local governments is their organizational separation from the system of government bodies. Thus, in part 4 of Article 35 of the Federal Law No. 131- FZ, the constitutional norm is repeated that local governments are not included in the system of government bodies.

Thus, the following criteria for assigning a structural unit included in the system of municipal settlement management, to the local government authority of this settlement:

· The body is formed by election by the population of the settlement in municipal elections. Or election by deputies from its composition (for the head of the municipality) or formed by the representative body of the settlement;

· The body is listed in the charter as part of the structure of local governments;

· The statement of the settlement identifies the name of the body, the procedure for its formation, its own competence, accountability. Continance and other issues of the organization and activities of the body, allowing it to make independent decisions within its competence and thereby participate in solving the issues of the local value of the settlement;

· The body is endowed with its own authority to address issues;

· It is not envisaged that the formation of the body, the appointment of its officials occurs by the bodies and (or) officials of the state authorities (controlling conditions can only be provided on the execution of individual transmitted state powers).

Thus, not any structural units or officials. Participating in solving issues of local importance can be considered by local governments. For example, the Deputy Commission, the Industry Department, state-financed organization, Management, interdepartmental working groups and the like structures, as a rule, do not have the legal status of local self-government. These structures do not have independent powers to address local issues, their powers are derived from the authority of other bodies, in which these structures are included. The powers of these structures are not established by the charter of the municipality, but otherwise regulatory acts, for example, the provisions on the organs in which these structures are included, and the provisions on these structures.

In the practical activity of municipalities, there were cases when documents and decisions signed by the head of the Committee for the Management of Municipal Property, established and operating as a division of the local administration, were recognized by the court not having legal force Due to the lack of the right status of the local government body from this Committee.

It is important that the status of the local government authority will receive the organizational structures in the system of local self-government of this settlement, which are created to make independent decisions regarding citizens, public associations, subjects economic activity, as well as public authorities, that is, any physical or legal entities located in this settlement.

For small settlements, it may be enough for the status of the authority to have the head of the settlement, the local administration and the representative body, as well as the control body, including the sole (for example, the auditor), subject to its formation. Despite the fact that these bodies may consist of structural units created in order to ensure the activities of these bodies, the preparation of projects and their decisions, the decisions themselves will accept and sign the bodies, in the authorities of which it is included in accordance with the settlement charter.

For larger settlements, as well as municipal districts and urban districts, the status of local government can also get financial organ, Property Management Committee, Territorial Divisions of the Local Administration, created in separate settlements This settlement or district and other organs. Such authorities will refer to the category of other municipalities in the structure of the organic governments. The competence of each of them should be fixed in the Charter, then they will be in the right to accept and sign decisions within their competence.

2. P."S.tructure organs local government "

This concept was introduced into the legal practice of Article 131 of the Constitution of the Russian Federation in such a context: "The structure of local governments is determined by the population alone." The participation of the population in determining the structure of local governments is the manifestation of the accounting of historical and other local traditions, as well as concrete conditions in the settlement on the organization "of their" power. Local traditions, as you know, differed in different parts Russia. It was possible to convene a Cossack circle or gathering, elect the urban chapter or the Council of Elders.

The implementation of the right of citizens to the independent definition of the structure of local governments can occur using two mechanisms:

· Literal willing at the local referendum (municipality with a population of 100 people - at the occasion of citizens);

· Mediated will of the elections (deputies of the representative body), which develop the structure of the authorities, record it in the draft charter of municipalities, although the change in the structure of local governments may be required in the process of municipal management when changing the internal or external conditions of the functioning of this municipality.

When using the term "structure of local governments", it is important not to narrow its content to a simple list of organs. Unfortunately, in federal law No. 131-ФЗ, the term "structure of local governments" is clearly not clear, and in some provisions is used as a list of organs. For example, according to the Regulation of Article 34 of Federal Law No. 131-FZ in the decision on the structure of local governments, taken at the local referendum (citizens of citizens), are established:

1. Structure (list) and names of local governments;

2. The procedure for the election and powers of the head of the municipality.

Actually structure of organsin the settlement is considered to be defined if the settlement of the settlement establishes:

· List of organs operating in this settlement (both collegial and sole);

· The method of their formation (election or other method of empowering authority);

· Competence of each of these bodies;

the norm of Article 34 of the Federal Law No. 131-FZ is devoted to the general provisions on the structure of local governments. Change structures of local governmentsit is not possible otherwise as by making changes to the charter of the municipality (paragraph 7 of the title).

According to the position of part 2, the same to become 34, the structure of local governments includes:

· Representative body of the municipality,

· Head of the municipality,

· Local administration (executive and administrative body), control body,

· Other bodies and elected officials of local self-government provided for by the Charter of the municipality and possessing their own authority to address local issues. (Exception is election Committee municipality, which, in accordance with the electoral law and acting Editor Federal Law No. 131-FZ has the status of a municipal body that is not included in the structure of local governments)

The ability to envisage in the settlement of the settlement of some other (except listed) local governments in principle expand the freedom to choose the organizational scheme of municipal management. Diversity organizational structure It is also achieved by choosing various ways to redistribute powers to address local issues between local governments created in one settlement, as well as in various ways of redistribution of powers between structural units within one body. All this in principle allows you to take into account the features (political, territorial, economic, sociocultural, etc.) of a particular municipality to reflect them in the structure of the bodies.

For example, the presence in the structure of the hired professional manager (managerial) authorities as the head of the local administration may allow balance the balance of strength in the settlement. The effectiveness of the municipal department can be the election or appointment of a person (body) responsible for local development for investment attractiveness or public security in the settlement.

3. Major models of local self-government

Federal Law No. 131 - FZ establishes a number of restrictions on the structure of local governments. In particular, it introduces the obligation to prevent local governments of three types:

· Representative organ

· Heads of Municipal Education

· Local administration

At the same time in settlements with the number of residents. Possessing election law, Mene 100 people are not formed, and its function performs the gathering of citizens (part 3 of Article 35 of the Federal Law No. 131-ФЗ). The head of such a small settlement and the executive and administrative body are still mandatory.

According to Part 3 of Article 34 of the names of the three required bodies are established by the Law of the Directory of the Russian Federation, taking into account historical and other local traditions.

The existing restrictions in the structure of local governments are also associated with the obligation of the separation of representative and executive. In the Federal Law No. 131-FZ, the local administration is named by the executive and administrative body, and exceptional competence is established for representative. In addition, this law provides a ban on combining one person of the authority of the head (chairman) of the representative body and the head of the local administration for municipalities of all types, except for rural settlements. Thus, already on federal level A certain delimitation of powers between the representative and executive body was introduced.

An additional mechanism for implementing the organizational separation of local authorities from the system of state authorities is a ban on the presence of one person's deputy mandates of different levels and the combination of posts. So, in accordance with Article 40 of the Federal Law No. 131-ФЗ, elected officials of local self-government, and therefore, deputies of representative bodies of settlements cannot be deputies State Duma, members of the Federation Council, deputies of legislative (representative) state authorities of the subjects of the Russian Federation, occupy other state posts RF, state positions of the constituent entities of the Russian Federation, as well as the posts of state civil service and municipal positions municipal service.

The main models of the structure of local governments offered by the federal legislator, present in Figures 1 - 5. The difference in models is connected:

first, with the division of municipalities on different types (settlement, municipal district, urban district),

secondly, with the establishment of various procedures for the formation and status of organs and officials, i.e. With various distribution of their powers within the municipality.

Figure 1 shows the structure of the structure provided for by part 3 of Article 36 of the Federal Law No. 131-FZ for rural settlements. The model is characterized by the fact that a person who has the status of the head of the settlement is headed at the same time representative and executive bodies of the settlement, fulfilling the authority:

· Heads of Municipal Education

· Head of the Representative Body

· Heads of the local administration (executive executive body).

The advantage of the model is to save budget funds on the wages Two officials of local self-government, in smoothing possible conflicts and contradictions between the executive and representative power in the settlement, in accounting the deficit of qualified personnel.

The model is implemented as follows: Residents of settlement in the municipal elections elect a representative body, and the head of settlement is elected:

a) either by all residents of the settlement in municipal elections;

b) or deputies from its composition.

I note that not all rural settlements are obliged to have such a structure of the bodies. But if residents and (or) a representative body of the settlement consider it acceptable for his settlement, norms regulating the described model should appear in the charter of the rural settlement, and therefore, providing for triple compatibility of powers by one official.

Such a model of the organization of municipal authorities is obviously preferable for small settlements. For large rural settlements, another of the main models can be selected, with the exception of the fifth.

Figure 2 shows the model of the structure of local governments, called traditional, because it was quite common until recently. Its essence is that residents elect the representative body of the settlement (or the municipal formation of another type) and the head of settlement in the municipal elections). The person who received the powers of the head of the settlement, becomes both the head of the local administration, thus combining the status of a senior official (political position) and the status of the head of the executive executive body (economic position). (In a rural settlement, where I live, this is the model of the organization of municipal authorities.)

The model of the structure of the organ structure shown in Figure 3 was not prohibited by the same legislation, but was not much disseminated. The peculiarity of this model is that the head of the municipality chosen by the whole population is mainly political tasks, fulfilling the powers of the Chairman of the Representative Body, while the economic tasks of the settlement is carried out by the person appointed under the contract. The implementation of this model is that in the municipal election the residents are elected and the representative body and the head of the municipality, which is then headed by a representative body. At the same time, the local administration will lead the local administration - the manager hired under the contract, which is based on the results of the competition.

According to part 5 of article 37 of the Federal Law No. 131. In municipalities of any type, the number of members competition Commission And the procedure for holding the competition establishes a representative body of local self-government. At the same time, in the settlement, all members of the Competition Commission are appointed by the representative body of local self-government of this settlement, and the state authorities of the subjects of the Russian Federation participate in the municipal regions and urban districts in the formation of the Competition Commission.

Figure 4, the model of the structure of the organs depicted in Figure 4 is the innovation of Federal Law No. 131-FZ. The representative body, as usual, is elected by residents in municipal elections, but the status of the head of the municipality receives the chairman of this body chosen from deputies. All connected with executive power In the system of municipal control, does not differ from the previous version, i.e. The head of the local administration is a professional manager - the manager hired under the contract, which is based on the results of the competition.

The model of the structure of local governments was presented in Figure 5 proposed by Federal Law No. 131 - FZ only for municipal regions. In order for it to be accepted and recorded in the charter of the municipal district, it should support the representative bodies of two thirds of the settlements that are part of the municipal district within one year from the date of nomination of the relevant initiative.

To implement this model, the representative body of the district is not elected directly by the residents of the district in the municipal elections, but is formed by delegating the heads of settlements and deputies of representative bodies of settlements that are part of this area. The head of the municipal district is elected from the formulated representative body and fulfills the powers of the Chairman of the Representative Body. The head of the local administration is a professional manager - the manager hired under the contract, which is based on the results of the competition.

The analysis presented in Figures 1 to 5 models of the structure of local self-government organs allows the following conclusions.

1. Formation of a representative organ In the traditional way by election by all residents can be carried out in the municipal formation of any type. But for municipal districts, it is now for a different way - by delegating representatives of settlements that are part of the municipal district (chapters and deputies of the representative body of these settlements) (Figure 5).

2. election of the Supreme Officer - Head of Municipal Educationfor municipality of any type - maybe in two ways:

1) the population in municipal elections;

2) a representative body of local self-government from its composition.

In the first case, the head of the municipality may endure with the authority:

a) the head of the local administration, and therefore heads the executive body and engage in specific problems of the municipal economy;

b) Chairman of the representative body of local self-government, i.e. Head the body deciding mainly political tasks.

If the head of the municipality chosen by the population will receive the powers of the head of the local administration, this will automatically lead to the fact that one of the deputies will be elected by the chairman of the representative body (the option in Figure 2).

If the head of the municipality chosen by the population will receive the authority of the chairman of the representative body of local self-government, then the appointment of the head of administration should occur under a contract with the participation of the competition commission - the "City - Manager" option (option in Figure 3). I want to note that the presence of a professional manager ("City Manager") appointed under the contract for the position of head of the local administration, and early not prohibited by the Federal Law on Local Self-Government No. 154 - FZ, since this law represented greater freedom to form the structure of bodies Local self-government every municipality. The composition of the competition commission and the procedure for its creation should be determined at the municipal level. Such structure of local self-government has not been widespread.

With the second method, the election of the head of the municipality from the composition of deputies, when residents elect only a representative body of local governments in municipal elections, Federal Law No. 131-FZ admits only one option of the powers, functions and status of such a person - to head a representative body. And this, in turn, leads to the appointment of the head of the administration under the contract (Figure 4). However, such a limitation does not apply to rural settlements.

Is the same competitive procedure The appointment of the head of the local administration - the manager is used in those municipal areas where the representative body is formed from representatives of settlements. The head of the municipal district in this case is automatically endowed with the powers of the Chairman of the Representative Body.

3. Head of the local administrationaccording to the Federal Law No. 1, 31 -fz may acquire its powers in two ways:

1. Having received the pre-authority of the head of the municipality by election to the entire population in municipal elections. In this case, the head of the local administration will simultaneously have the status of a senior official of municipal entities;

2. Appointment under the contract, which is based on the results of the competition. In this case, the status of a senior official - the head of the municipality will receive a person chosen by the representative body from its composition and is his chairman.

Control body of the municipality (Control and Accounts Chamber, Audit Commission, etc.) is not under the law a mandatory element in the system of local self-government and refers to the category of other bodies. The formation of this body is still a rare phenomenon in Russian municipalities.

In principle, the control over the execution by the authorities and officials of the local government of the authority to address local issues is in the exclusive competence of the representative body (part 10 of Article 35 of FZ No. 131). In addition to such a general monitoring authority, the federal legislator proposes now to create special organ In order to control the execution of the local budget, compliance installed order preparation and consideration of the project of the local budget, the report on its execution, including control over compliance with the established procedure for management and disposal of property. located in municipal property (Article 38 FZ No. 131).

Federal Law No. 131 - FZ proposes two ways to form a control authority:

1. in municipal elections;

2. The representative body of the municipality.

One of these methods should be chosen and of course fixed in the charter of the municipality. Bodies and officials of local self-government are obliged to submit to the control body of the municipality at its requirement the necessary information and documents on issues related to their competence.

In municipal practice, the uniforms of the organizational structure of local self-government have not yet been gone, inherent to the recent Soviet past, when the most important thing was the strict hierarchical subordination of the authorities to maintain over the centralized management system of all levels including local. On the agenda it is to improve the organizational structure with the purpose of taking into account the peculiarities of the municipality and innovative approaches to management activities.

Therefore, after choosing the population of one of the proposed models, it is necessary to take advantage of the provision of Federal Law No. 1 31-ФЗ that the issues of organization and activities of local government bodies, including the procedure for their formation, the term of office, the authority itself, controlling, is determined not by federal or regional law , and the charter of the municipality (paragraph 3 of Article 34). This is the basis for the free and independent definition of a particular and unique structure of bodies in each municipality.

Conclusion

When studying this topic, I tried to disclose the concepts of the "local government body", the "structure of local governments" and the main models of the organization of local self-government, which constitutes the system of local self-government.

Making conclusion, I would like to note that local government is a fundamental principle of organizing the implementation of power in society and the state, which along with others constitutional principles, determines the system of democratic management in society and the state. Local self-government is not only a tribute to democracy, but also a tool for effective management, economic growth, a powerful factor in stabilizing conflict situations, especially interethnic. The diversity of organizational forms, the use of local resources, which can be invisible at the national level, allow local self-government to respond flexibly to challenges and threats arising in the process of functioning and development of society and the state.

1. Constitution of the Russian Federation of 12.12.1993

2. FZ "On the General Principles of Local Self-Government in the Russian Federation" from 06.10.2003 No. 131-FZ

3. A system of municipal management: a textbook for universities / ed. VB Zotov. - M.: Olma - Press, 2006

4. Starodubrovsky I.V. Municipal Management: Tutorial For a teacher. - 2nd ed., Pererab. And add. - M.: Anh, 2007. - 640 p.

5. Practice of municipal administration, per. Edition, No. 12, December 2008, Article R.V. Babun " Modern problems local government "

6. Shugrina E.S., Municipal Law. M. 2005.