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Legal status of local governments. Legal status of local governments of the Russian Federation, the legal status of local governments is established

Divorce
01.12.2020

Recently, in the Russian Federation, large-scale transformations of the state management system are carried out: administrative and municipal reform are carried out, inter-budgetary relations are being improved, the vertical of state power is strengthened. One of the foundations of the Russian statehood should be the real local governmentbased on the vital interests of the population and their active participation in management.

As indicated in the European Charter of Local Self-Government, ratified by Federal Law of 11.04.1998 No. 55-FZ "On the ratification of the European Charter of Local Self-Government", local government authorities provide at the same time efficient and approximate to citizens management.

In accordance with the Constitution of the Russian Federation, local governments are not included in the system of state authorities.

Local government - This is a combination of organizational forms in the framework of the municipality, through which issues of issues are ensured local significance. The implementation of local self-government is impossible without the presence of specially authorized bodies, which the population of the municipality trusts to solve the issues of direct provision of their livelihoods. Federal Law of 06.10.2003 No. 131-FZ "On general principles Organizations of local self-government in the Russian Federation "(as amended by 27.05.2014) makes serious changes in the structure of local governments, which relate to both the structure of such bodies and methods of empowering them, the procedure for their formation.

Local governments are the core of the organizational basis of local self-government. In accordance with Art. 3 of the Constitution of the Russian Federation, the people carry out their power in the system of local self-government both directly and through local governments. This article does not say specifically which organs. This provision finds its development in part 2

art. 130 of the Constitution of the Russian Federation, where local self-government bodies are divided into elected and others. This means that the elected local governments should be formed in obligatory, Moreover, their formation should be carried out only by direct willing the inhabitants of the respective municipality. According to Part 1 of Art. 131 Constitution of the Russian Federation The structure of local governments is determined by citizens independently. As for other local authorities, their constitution of the Russian Federation does not call. Such right is the main law provides federal organs State power, state authorities of the constituent entities of the Russian Federation and the municipal formations themselves without an indication of those.

The norms of the Constitution of the Russian Federation on the name of local governments are called elected and other bodies, which means that these rules may and should be developed in other regulatory legal acts. Such acts in the form of laws are adopted at the level of the Russian Federation. The Federal Law "On General Principles of Local Self-Government Organization in the Russian Federation" provides for the mandatory creation of not only representative, but also executive and administrative bodies of local self-government.

In accordance with Art. 34 of this law The structure of local governments is 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 and elected officials of local self-government provided for by the charter of the municipality and possessing their own authority By addressing local issues.

The presence of a representative body of the municipality, the head of the local self-government of the representative body of the municipality, the head of the municipality, the local administration (the executive-sprinkler body of the municipality) is mandatory, unless the cases provided for in the above federal law.

The charter of the municipality, which has the status of a rural settlement, may be provided for the formation of the executive and administrative body, headed by the head of the municipality, acting the authority of the chairman of the representative body of the municipal formation. Thus, this law eliminated a significant gap with the executive and administrative bodies of local government.

Local governments are formed for the organization of management in the relevant territory of ensuring the vital activity of residents living within the boundaries of the municipality. The implementation of functions by local governments is carried out in two ways: legal and organizational.

Legal way includes the process of preparing and making decisions, organizational - implies the use of the structure of the bodies and their organizational opportunities to fulfill the decisions made and bringing their results to residents of the municipality.

Functions are assigned to local governments complex Development Infrastructure territories. Moreover, the functions assigned to these authorities by laws, the charters of municipalities, they carry out independently, without the intervention of state bodies. The Constitution of the Russian Federation (Art. 12) identified the relative independence of local governments: they are not included in the system of state authorities.

In their activities, local government bodies are guided by the principles of interaction with other actors of legal relations, developing in the system of local self-government. Federal laws, laws of constituent entities of the Russian Federation, the charters of municipalities have special articles and norms on the interaction of local governments with government agencies. Such interaction is enshrined not only in laws and charters, it is increasingly manifested in the practical activity of local governments. This means that local governments and government bodies implement similar functions.

The structure of local government bodies constitute individual local governments - representative, executive and administrative, control, etc.

In turn, the executive and administrative bodies are divided into the authorities of the overall competence (administration, mayor's office, etc.) and the bodies of special competence (departments, health care, education, culture, utilities, public service, housing and etc.). The latter implement industry functions, i.e. They are engaged in special work in the directions that are included in the tasks of local significance.

The Constitution of the Russian Federation does not establish any structure of local governments, indicating only that local self-government in the Russian Federation is carried out in various organizational forms.

The Constitution of the Russian Federation establishes that the population independently determines the structure of local governments. But this constitutional situation until 2003 was not developed and updated in the federal legislation, nor in the legislation of the subjects of the Federation. The Federal Law "On the General Principles of Local Government Organization in the Russian Federation" solved this problem. The structure of local self-government bodies, it is also advisable to include territorial public governments, which are formed by the population to solve local problems. These include advice, committees and other organs of territorial public self-government. This law determined that the structure of the bodies of the municipality should include the control body of the municipality, and possibly the election commission of the municipality.

The purpose of the formation of the control body of the municipality is to carry out professional control over the execution of the local budget: the preliminary, current, final one. In addition to controlling the execution of the budget, the control body has the right to observe compliance installed order management and disposal of property in municipal property.

Thus, the structure of local governments is 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 and elected officials of local self-government provided for by the charter of the municipality and possessing their own authority By addressing local issues. The norms of the Constitution of the Russian Federation on the name of local governments call elected and other organs, i.e. These standards may and should be developed in other regulatory legal acts. Such acts in the form of laws are adopted at the level of the Russian Federation. The Federal Law "On General Principles of Local Self-Government Organization in the Russian Federation" provides for the mandatory creation of not only representative, but also executive and administrative bodies of local self-government.

As noted, in accordance with the Constitution of the Russian Federation, local governments are not included in the system of government bodies. Thus, local self-government is allowed by state authorities and government officials.

The administrative and legal status of local governments is regulated by the Federal Law "On the General Principles of Local Self-Government Organization in the Russian Federation", the charters (basic laws) of the subjects of the Federation, the charters of municipalities.

So, to the issues of local self-government on the basis of the Charter of the City District may include:

  • 1) formation, approval, execution of the city budget and control over the execution of this budget;
  • 2) establishment, change and cancellation of local taxes and fees of the urban district;
  • 3) possession, use and disposal of property in the municipal ownership of the urban district;
  • 4) an organization within the boundaries of the urban district of electro-, heat, gas and water supply of the population, drainage, supplying the population of fuel;
  • 5) road activities in relation to local road roads within the borders of the urban district, as well as the implementation of other powers in the use of roads and road activities in accordance with the legislation of the Russian Federation;
  • 6) Ensuring the poor citizens living in the urban district and in need of improvement housing conditions, residential premises in accordance with housing legislation, organization of construction and maintenance of the municipal housing Fund, creation of conditions for housing construction;
  • 7) creating conditions for the provision of transport services to the population and the organization of transport service of the population within the borders of the urban district;
  • 8) participation in the prevention of terrorism and extremism, as well as minimizing and (or) eliminating the consequences of the manifestations of terrorism and extremism within the boundaries of the urban district;
  • 9) participation in the prevention and elimination of consequences emergency situations within the boundaries of the urban district;
  • 10) security organization public order on the territory of the urban district of the municipal police;
  • 11) Providing primary measures fire safety within the boundaries of the urban district;
  • 12) Organization of protection measures ambient within the boundaries of the urban district;
  • 13) organization of providing public and free primary general, basic general, medium (full) general Education According to the main general education programs, with the exception of the authority to financial support for the educational process, attributed to the powers of the state authorities of the constituent entities of the Russian Federation; Organization of provision additional education Children (with the exception of providing additional education to children in regional institutions) and publicly available free pre-school education in the territory of the city district, as well as the organization of recreation children in vacation time;
  • 14) the organization of the provision of primary health care in the urban district of primary health care in the ambulatory-polyclinic, stationary and hospital institutions, emergency medical care (with the exception of sanitary-aviation), medical care for women during pregnancy, during and after delivery;
  • 15) Creating conditions for providing residents of the urban district of communication services, catering, trade and domestic services;
  • 16) organization of the library service of the population, picking and ensuring safety library Funds libraries of the urban district;
  • 17) creating conditions for the organization of leisure and providing residents of the urban district of the services of cultural organizations;
  • 18) the creation of conditions for the development of local traditional folk artistic creativity, participation in the preservation, revival and development of folk arts in the urban district;
  • 19) the preservation, use and popularization of cultural heritage sites (historical and cultural monuments), owned by the city district, the protection of cultural heritage sites (monuments of history and culture) of the local (municipal) meanings located on the territory of the urban district;
  • 20) providing conditions for development in the territory of the urban district of physical culture and mass sports, the organization of official physical and wellness and sports activities of the urban district;
  • 21) the creation of conditions for the mass recreation of residents of the urban district and the organization of the arrangement of the locations of the population;
  • 22) the formation and content of the municipal archive;
  • 23) organization of ritual services and content of disposal locations;
  • 24) organization of collecting, exporting, disposal and processing of household and industrial waste;
  • 25) organization of improvement and gardening of the territory of the urban district, use, protection, protection, reproduction of urban forests, forests specially protected natural territorieslocated within the borders of the urban district;
  • 26) approval of the master plan of the urban district, land use rules and development, approval of the territory plan prepared on the basis of the master plan for the territory planning, issuing permits for the construction, permits for the commissioning of facilities in the implementation of construction, reconstruction, overhaul Objects capital constructionlocated on the territory of the urban district, approval of local regulations of urban planning of the urban district, maintenance information system Property town planningcarried out on the territory of the urban district, land reservation and seizure, including by redemption, land plots within the borders of the urban district for municipal needs, implementation of land control over the use of land of the urban district;
  • 27) issuing permits for the installation of advertising structures on the territory of the urban district, cancellation of such permits, issuing prescriptions for the dismantling of unlimited new advertising structures on the territory of the urban district, carried out in accordance with the Federal Law of March 13, 2006 No. 38-FZ "On Advertising" ( as amended from 28.12.2013);
  • 28) organization of street lighting and installation of pointers with street names and house numbers;
  • 29) the organization and implementation of civil defense activities, the protection of the population and the territory of the urban district from the emergencies of natural and technogenic character, including support in a state of constant readiness for the use of public alert systems about danger, objects civil Defense, creation and content in the aims of civil defense stocks of logistical, food, medical and other means;
  • 39) Creation, content and organization of emergency rescue services and (or) emergency and rescue formations in the territory of the urban district;
  • 31) the creation, development and ensuring the protection of therapeutic and recreational areas and local resorts in the territory of the urban district;
  • 32) the organization and implementation of measures for the mobilization training of municipal enterprises and institutions located in the territory of the urban district;
  • 33) implementation of measures to ensure the safety of people in water bodies, the protection of their lives and health;
  • 34) creating conditions for expanding the market for agricultural products, raw materials and food, promoting the development of small and medium-sized businesses;
  • 35) the organization and implementation of activities for working with children and young people in the urban district;
  • 36) Exercise within the limits established by the water laws of the Russian Federation, the powers of the owner of the aquatic facilities, the establishment of the rules for using public objects for personal and domestic needs and informing the public on the restrictions of the use of such water bodies;
  • 37) Creating conditions for the activities of voluntary formations of the population for the protection of public order.

Also local governments are entitled to:

  • 1) the creation of museums;
  • 2) participation in the organization and financing of public works on the territory of the urban district for citizens who have difficulty finding work, as well as temporary employment of minor citizens aged 14 to 18 years;
  • 3) the creation of municipal educational institutions higher vocational education;
  • 4) participation in the implementation of custody and guardianship activities;
  • 5) the implementation of financing and co-financing the overhaul of residential buildings in municipal property;
  • 6) the creation of conditions for the implementation of activities related to the implementation of the rights of local national-cultural autonomies in the territory of the urban district;
  • 7) assisting the national-cultural development of the peoples of the Russian Federation and the implementation of events in the field of interethnic relations in the territory of the urban district;
  • 8) creating emergency medical care in the structure medical institutions In order to provide in the territory of the urban district of primary health care.

Local governments have the right to participate in the implementation of other public authorityif this involvement is provided for by federal laws, as well as to solve other issues not related to the competence of local governments of other municipalities, state bodies and not excluded from their competence by federal laws and the laws of the subject of the Federation, only at the expense of their own budget revenues (except subventions and subsidies provided from federal budget and the budget of the subject of the Federation).

Local governments are endowed with individual government powers. Employment of local governments by individual government powers is carried out in accordance with the federal legislation and the legislation of the subject of the Federation. Financial support Separate state powers transferred to local governments are carried out only at the expense of the budget of the city of subventions from the relevant budgets. In the event that the allocated material and financial resources are not enough to implement individual state powers transferred to them, local government bodies have the right to additionally use their own material resources and financial resources to implement individual government powers transferred to them.

In order to address local issues, local governments have the following powers:

  • 1) adoption of the charter of the municipality and the introduction of changes and additions, the publication of municipal legal acts;
  • 2) the establishment of official education symbols;
  • 3) the creation of municipal enterprises and institutions, financing of municipal institutions, the formation and placement of municipal order;
  • 4) the establishment of tariffs for services provided by municipal enterprises and institutions, unless otherwise provided by federal laws;
  • 5) Regulation of tariffs for goods and services of the communal complex organizations (with the exception of tariffs for goods and services of the communal complex - manufacturers of goods and services in the field of electro- and (or) heat supply), tariffs for connecting to the system of communal infrastructure, tariffs of the communal complex organizations to connect, allowance for tariffs on goods and services of the communal complex organizations, allowances for prices (tariffs) for consumers;
  • 6) organizational and material and technical support of the preparation and holding of municipal elections, local referendum, voting on the response of the deputy, the heads of administration, voting on the changes in the boundaries within territorial entities;
  • 7) the adoption and organization of the implementation of plans and programs for the integrated socio-economic development of the municipality, as well as the organization of the collection of statistical indicators characterizing the state of the economy and social sphere, and the provision of these data to state authorities in the manner prescribed by the current legislation;
  • 8) the establishment of a printed media for the publication of municipal legal acts, other official information;
  • 9) implementation of international and foreign economic relations in accordance with federal laws;
  • 10) the organization of training, retraining and advanced training of elected officials of local governments, members of the elected bodies of local self-government, deputies of the city Duma, as well as training, retraining and advanced training of municipal employees and employees of municipal institutions;
  • 11) other powers in accordance with federal laws, the laws of the subject of the Federation and the Charter of the Municipal Education.

The powers of local governments are carried out by local self-government authorities.

Thus, local governments:

  • separated from the state are not included in the state power system, interact with the executive authorities on the basis of law;
  • them general status, the principles of the organization, the main options for organizational forms, powers are established by law;
  • can enter into various administrative and legal relations;
  • can be endowed with individual government powers (financial and material nature);
  • They have the right to provide them with the Constitution of the Russian Federation, to solve independently issues of local importance, ownership and disposal by municipal property.

General principles and guarantees of local self-government cannot be arbitrarily limited by any government authorities.

Consequently, considering the legal status of local governments and their competence, one should proceed from the general purpose of the existence of local self-government. The purpose of the creation of local self-government is the departure from the centralization of power in the state. If this centralization is brought to the maximum in the state, all creativity on the ground is excluded, and in the end the authorities are reduced to the work of the head of state, which is directly to totalitarianism. The creation of another non-subordinate government of the management level in which citizens participate, just developing the work of the population in the field of management.

Based on the purpose of the existence of local self-government, you can formulate public tasks of this social institution:

  • 1. Overcoming the population of the population to participate in solving local problems.
  • 2. Ensuring guarantees of participation in local self-government for those who want.
  • 3. Implementation of interaction with other communities.

Accordingly, we can formulate local importance questions that are entitled to solve local governments.

The Constitution of the Russian Federation discusses in detail the competence of state bodies, both federal and bodies of the constituent entities of the Russian Federation. Fixing in paragraph 1 of Art. 132 The competence of local governments, the Constitution of the Russian Federation, however, does not give a detailed list of local issues, but only says that local governments independently manage municipal property, form, approve and execute the local budget, establish local taxes and fees to protect public order And also solve other local issues. Thus, it can be assumed that the competence of local governments begins where the competence of state authorities ends.

The principle of independence of management agencies of local self-government authorities is clearly pronounced in the constitutional norm: first, within the limits established by law, this is the freedom of initiative and choosing a decision on all of these and other issues of local significance; Secondly, anyone who does not contradict the law and the decision in its framework does not require none prior approval, nor subsequent approval by the state body, and even more so can not be canceled in the administrative or in judicial order.

The federal legislation contains a list of local issues that are entitled to solve local governments. They can be classified as follows:

  • 1. Organizational and administrative issues:
  • 1) adoption and change of the statute of local self-government, control over its implementation;
  • 2) the protection of public order, the organization and maintenance of municipal authorities for the protection of public order, the implementation of control over their activities;
  • 3) control over the use of land in the territory of the municipality;
  • 4) organization and content of municipal archives;
  • 5) the organization and content of the municipal information service;
  • 6) Creating conditions for media activities;
  • 7) Ensuring social support and maintenance of employment of the population;
  • 8) participation in environmental protection in local education;
  • 9) Ensuring fire safety, organization of the municipal fire service.
  • 2. Economic issues.
  • 1) Ownership, use, disposal of municipal property. Municipal property according to Civil Code The Russian Federation is the property belonging to the right of ownership of urban and rural settlements, as well as other municipalities. On behalf of the municipality, the rights of the owner are carried out by local governments;
  • 2) local finances (formation, approval and execution of the local budget; establishing local taxes and fees, solving other financial issues);
  • 3) comprehensive socio-economic development of the municipality;
  • 4) regulation of planning and development of the territory of the municipality;
  • 5) regulation of the use of water bodies of local importance, deposits of common minerals; subsoil for the construction of underground facilities of local significance;
  • 6) organization, content and development of municipal energy-, gas, heat and water supply and sewage;
  • 7) Municipal road construction and maintenance of local roads;
  • 8) improvement and gardening of the territory of the municipality;
  • 9) the organization of disposal and processing of household waste;
  • 10) Organization of public transport services, communication services.
  • 3. Social and cultural issues:
  • 1) the content and use of the municipal housing stock and non-residential premises;
  • 2) organization, content and development of municipal institutions of preschool, main and professional secondary education;
  • 3) organization, content and development of health care facilities, ensuring sanitary welfare population;
  • 4) the creation of conditions for housing and socio-cultural development;
  • 5) the organization of supplying the population and municipal fuel institutions;
  • 6) organization of ritual services and content of disposal locations;
  • 7) creating conditions for the population of trade, catering and domestic service;
  • 8) creating conditions for the activities of cultural institutions;
  • 9) preservation of monuments of history and culture in municipal property;
  • 10) creating conditions for the organization of spectacular measures;
  • 11) Creating conditions for the development of physical education and sports in the local community.
  • 4. Questions of state importance that can be transferred to local governments. The Constitution of the Russian Federation provides for the possibility of empowering local governments with individual government powers with the transfer of material and financial resources necessary for their implementation. The implementation of the powers driven by the state is controlled.

Purpose by authority can be carried out in two ways:

  • 1) broadcast - a way to regulate the powers of the local government authority, in which any authority of the state body is excluded from its competence and is included in the competence of the local government;
  • 2) delegation - Providing the state authority to him the right to decide any question to local governments at once, for a certain period or indefinitely.

Considering the issues of empowers local government authorities, it is necessary to keep in mind a number of provisions:

  • 1. In accordance with the Constitution of the Russian Federation, empowers authority is made only by law. But since the definition of the legal status of local self-government is in joint management of the Russian Federation and its subjects, the transfer of authority is carried out by law or acts of the constituent entities of the Federation with the relevant legal force.
  • 2. The amount of transmitted or delegated authority can not be too large. It is not by chance that the Constitution of the Russian Federation speaks of individual government powers, although the criteria for evaluating this is extremely difficult to find.
  • 3. The empowerment must be accompanied by the transfer of material and financial resources necessary for their implementation. It is extremely important, new for russian practice The condition that guarantees the fulfillment of powers and continued the implementation of the main functions inherent in the local government.
  • 4. The state reserves the right to control the implementation of these powers. Such control by general rule It means the possibility of relevant authorities: to indicate the authorities of local self-government regarding the implementation of transmitted powers, evaluate the decisions made by local governments, not only from the point of view of legality, but also by their feasibility, to cancel or suspend certain decisions if necessary.
  • 5. State influence It is not reduced only to control, it operates in accordance with the requirements of legality, in general law enforcement.

Summing up the consideration of issues of general legal regulation of the activities of local governments, we note that legal status Local governments, as well as government agencies, is determined by:

  • functional destination (main activities);
  • authority, i.e. a set of rights and responsibilities enshrined in the Constitution of the Russian Federation and the current legislation;
  • structure;
  • basic forms of work;
  • Procedure for forming and reforming.

Representative bodies According to the nature of its activities, the agencies carrying out constituent and rulemaking functions, which are to identify and form the interests of the population of the municipality, i.e. In developing on the basis of the discussion and consent of the majority of deputies of decisions that determine the development of the municipality. Such strategic decisions require, in turn, decisions and actions aimed at implementing the outlined. This is done executive bodies which can be elected and non-elected (appointed).

Since local governments are organs of democracy, and people carry out their power directly

(by election and referendum) or through representatives, the formation of non-election bodies of local self-government must, at least indirectly, is associated with the will of citizens. In this regard, not any structures of the municipal authorities involved in solving local issues may be considered non-election bodies involved in solving issues of local importance, but only those of them that are formed by the authorities (officials) who have received their powers during the direct will of citizens (representative body, chapter municipality).

It should be borne in mind that the election and non-recruitment of local governments is only a sign of their distinction on education and does not give a complete presentation of their functional intended.

By appointment or competence, local governments are divided into organs of general and special competence. Common competence Possess representative bodies, chapters of municipalities, local administrations. Special competence Possess control bodies, election commissions, departments, management, committees, local administration services. Competence is a circle of constant and sustainable powers reflected in the regulatory legal acts of local self-government.

According to the decision-making method, local governments may be collegial and sole.

The representative body integrates the interests of various groups represented by the deputies. None of the deputies can apply for the expression of the opinion of the entire population. Therefore, its decisions on behalf of the entire population the representative body takes in collegial manner. In municipality can be formed along with representative body Other collegial bodies to perform certain functions of local self-government. However, according to the law, they cannot perform the functions that have representative bodies.

Questions in the field of executive and administrative activities, the operational management of the municipal farm more efficiently and it is advisable to solve on the basis of uniqueness, when professionals are guided by specific participants in activities, and they are also personally responsible for the results of their activities.

The organization and activities of local governments are based on the principles that are reflected in the Constitution of the Russian Federation and the current legislation, in particular:

  • 1) the democratic nature of the organization and activities of local self-government bodies;
  • 2) separation of the authorities;
  • 3) territorial organization of local governments;
  • 4) independence (isolation) of local governments;
  • 5) the domineering nature of the activities of local self-government.

Democratic nature Organizations and activities of local governments reflect the essence of these bodies, which should be the authorities as close as possible to the population of the municipality, ready to express its pressing interests and solve everyday problems that arise from the citizens of the Russian Federation at their place of residence.

The principle of separation of the authoritiesenshrined in art. 10 of the Constitution of the Russian Federation, is the most important principle of the organization and activities of state bodies. According to the specified principle, no state authority has the right to go beyond the authority established for him by the Constitution of the Russian Federation and other laws. Acting within these limits, state bodies have the opportunity to interact with each other, balancing each other, control the work of the organs of other branches of power, indicate a violation of the law. All this is necessary to ensure the democratic development of society, the functioning of the mechanism of checks and counterweights, preventing excessive concentration, monopolizing power by one body ( official).

Principle of territorial organization Local governments arises from the provisions of Part 1 of Art. 131 of the Constitution of the Russian Federation that local government is carried out in urban, rural settlements and in other territories, taking into account historical and other local traditions. This means that the Constitution of the Russian Federation, recognizing urban and rural settlements As the territorial basis of local self-government, the implementation of local governments and in other territories simultaneously.

The principle of independence (isolation) Local self-government bodies are based on the provisions of the Constitution of the Russian Federation that local government is an independent separate form of democracy. In the Federal Law "On General Principles of Local Self-Government Organization in the Russian Federation" has established legal guarantees to ensure the independence of local governments in solving local issues.

Principle of power of activity Local governments are reflected in the provisions of Art. 7 of the specified law that:

  • 1) Municipal legal actsadopted by local governments are subject to compulsory execution throughout the municipality;
  • 2) for the failure to fulfill municipal legal acts by citizens, managers of organizations, officials of state authorities and officials of local governments are responsible in accordance with federal laws and laws of the subjects of the Federation.

Structure of local governments in accordance with Art. 131 of the Constitution of the Russian Federation is determined by the population independently. The population may approve the structure of local self-government bodies at the local referendum. The decision on the structure of local governments can be adopted by the representative body of the municipality and enshrined in the charter of the municipality.

Local Government Structure - This element of their system, which covers not only the set of local governments, the relationship between them, the internal structure of individual bodies of local self-government, but also the competence of bodies, officials, regulatory framework their activities, logistical resources. In addition, the system along with the structure of local governments may include organs that are endowed with signs inherent in government agencies and are aimed at fulfilling individual government powers.

According to paragraph 1 of Art. 34 of the Federal Law "On the General Principles of Local Self-Government Organization in the Russian Federation" in the structure of local governments includes: a representative body of the municipality, the head of the municipality, the local administration (executive authority), the control body of the municipality, other local governments provided for The charter of the municipality and possessing their own authority to address local issues.

The structure of the local administration may include sectoral (functional) and territorial bodies local administration.

In deciding on the structure of local government bodies of the municipality, adopted at the local referendum (gathering of citizens), the structure (list) and the name of local governments, the procedure for the election and powers of the head of the municipal formation are established.

Local governments are not included in the system of government bodies, but at the same time have administrative-legal status. The administrative and legal status of local governments means that their law enshrines their right to enter into legal relations with the executive authorities, as well as the right to be carriers of state-managerial powers. Consequently, in administrative and legal relationship, they can be both management facilities for state bodies and subjects of government.

In the first case, we are talking about public responsibilities that local self-government bodies must be carried out as other legal and individuals - to comply with the rules and norms, supervising the observance of which authorized state authorities (for example, fire rules, road safety, sanitary norms and many others).

In the second case, local governments fulfill state functions enshrined by the state with the help of legislation - establish local taxes and fees, as well as benefits and benefits on them, take various rules and regulations, including those for the failure of which administrative a responsibility.

In addition, the legislation establishes a special formula on the possibility of delegation to local government authorities with the transfer of them relevant material and financial resources and in the presence of their consent. In the implementation of these powers, local governments operate under the control of the state bodies.

The formula that the essence of local self-government is to ensure independently and under its responsibility to the population's decision directly or through the bodies of local issues, it makes it possible to pay attention to the fact that the issues described above by which local governments exercise state powers are difficult to consider Only local importance, these are common issues related to public interest, but due to a number of reasons transferred to the level of local self-government. Consequently, this activity of local governments is the nature of government.

28 question. State Patch and Position public service: Concept and species.

The concept and types of public position

Position - a category inherent in serving, state office - a civil servant. It is provided to a person - a civil servant - to fulfill the tasks assigned to the employee and the public service.



The innovation of the law "On the basics of the civil service of the Russian Federation" in terms of position is that state posts Not only civil servants (faces of categories "B" and "B"), and other persons in the state, i.e. Categories "A", which, repeat, civil servants are not, therefore there are no speech about them.

Position, as one of governmental institutions, combines all the main elements of the organizational and legal status of a person who replaced it. The position of the state position is characterized by:

Social status (relationship of the employee with the lower, equal, and higher persons);

Organizational status (position consists in structure state organization, organ and constitutes the primary link in them);

Legal status: For each position, the terms of reference (functions, rights and obligations) are determined, the main forms and methods of their implementation, responsibility for execution.

The procedure for establishing posts and the procedure for their substitution should be distinguished.

In order to ensure unity in the name of posts in the public service required in daily activitiesTheir legal status, methods of substitution establishes a single centralized on a state-growth procedure for establishing state posts.

The positions of the heads of higher and central authorities are established federal Assembly, president, government within their competence. All other positions are established by the Labor Office and are officially enshrined in the register of public servants, based on the division of posts by type of public service. The establishment of posts in the constituent entities of the Russian Federation relates to their authority.

The replacement of the position is to accept this position of a particular person through one of the organizational and legal methods: election, appointment, enrollment, competition.

Each position in the public service has its own legal status and the form of its expression.

The legal status of the post contains a certificate complex - common for all posts (or at least many) and for this position. Legal status is set in three stages:

a) the basis of legal status is determined simultaneously with the establishment of a position by the Founder by the authority;

b) typical legal status is determined by the register of public servants;

c) Individual legal status establishes for each position on the basis of a typical relevant authority in which the position consists, or its leader.

Legal form consolidation of the legal status of position is the law, for example, the law on the police, other legal regulationswhich are enshrined, as a rule, typical powers for the same posts. The final act, fixing the legal status of the post, is a job description that cannot be typical, but should be individual for each position in any organization, because the amount of work and in connection with this official authority in organizations is often not It is even equal even for the same posts.

The types of positions should be subject to in connection with their large number, in various ways of substitution, etc.

Positions in public service are divided into types of (groups) for a number of grounds:

a) by activities in government bodies and organizations - in the state office, in the administration of state enterprises and institutions, at military service: in turn, in each of these three spheres state activities Positions also differ by types, for example, in the state office - managerial, control posts, etc.;

b) scale action - typical (most positions) and individual (for example, head structural unit in the office of the Presidential Administration of the Russian Federation);

c) according to replacement methods - elective, appointed, competitive, replaced by enrollment; d) on the replacement of this time - occupied and vacant, on the basis of the relationship between civil servants, which are replaced by their positions are shared by law by five groups:

Higher State Public Service Positions (5th Group);

The main state positions of the civil service (4th group);

Leading public office posts (3rd group);

Senior government positions of the civil service (2nd group);

Junior public office positions (1st group).

In conclusion, the position of the position can be generalized to say that, using the category of positions, the state determines the place of each serving in the system of the state organization, i.e. The relationship of replacing this position of the person with the above, lower, equifiable persons, its position in organizational structure The authority (organization) and, finally, the authority to which the employee is endowed in accordance with the post. Position, therefore, acts as an organizational form determining and legally crucial to the main content of the administrative and legal status of a civil servant.

In the Russian Federation, according to Art. 12 The Constitution of the Russian Federation is recognized and guaranteed to local government, which within its powers independently, and not entering the system of government bodies. In the Constitution of the Russian Federation, special chapter 8 is devoted to local self-government, in a number of rules of which it is enshrined that local government in the Russian Federation ensures an independent decision to the population of local issues; It is carried out in urban, rural settlements and in other territories, taking into account historical and other local traditions, and the structure of local governments is determined by the population independently.

Local governments independently manage municipal property, form, approve and execute the local budget, establish local taxes and fees, and also solve other issues of local importance. These bodies may end up with the law of individual government powers with the transfer of material and financial resources necessary for their implementation, but the realization of the powers transferred to them is controlled by the state.

Local self-government in the Russian Federation, according to Art. 133 of the Constitution of the Russian Federation, guaranteed the right to judicial protection, to compensate for additional expenses arising from solutions, accepted bodies state power, a ban on the restriction of local governments established by the Constitution of the Russian Federation and federal laws.

In the greatest features, the constitutional model of local self-government is one of the foundations of the constitutional system of the Russian Federation. As a public authority, the most close to the population, local government protects the interests of citizens who are based on jointly living in a certain territory, on the inevitable interaction of residents of this territory. Therefore, local self-government is one of the fundamental foundations. russian system democracy. At the same time, local government is recognized and guaranteed by the state as a form of self-organization of citizens to address local issues, ensuring the daily needs of each person individually and the population of the municipality as a whole.

Local self-government is a system of forms of organizing and activity of residents of the respective territories in order to independently and under its responsibility to solutions directly or through elected and other bodies of local issues to ensure the life of the population living in the relevant territory of the municipality, - urban, rural settlement, several settlements united by a common area, part of the settlement, other populated area. Local importance issues are the issues of direct provision of the vital activity of the population of the municipality, attributed to such a charter of the municipality in accordance with the Constitution of the Russian Federation and other federal legislation and the legislation of the subjects of the Federation.

The system of local governments includes representative and executive bodies of local governments: advice, meetings, committees, heads of municipalities, administration. The head of the municipality is always an elective officer, personifies itself and implements representative municipalities, it carries out the strategic leadership of the development of the municipality, and together with its administrative staff and through it implements the executive power in the municipality, carrying out the whole complex of functions of operational management by all parties The vital activity of its population.

Relationships of municipalities and their bodies with government executive authorities

According to the current legislation, any municipalities and their local government bodies within their law provided authority act independently and do not have any higher authorities on themselves. But this constitutional provision does not mean self-sustaining state from the state leadership by diverse complex processes of organization and activities of all local government units in Russia.

The state at the federal level and the level of the subjects of the Federation determines, creates and is constantly improving legislative Base various aspects Organizations and activities of all units of the system of local self-government, putting it in a certain framework, allowing it to streamline it. On the one hand, the federal and legislation of the subjects of the Federation regulates and accurately lists the objects of local self-government, and on the other, it establishes the powers of the federal and subjects of the Federation of state power in the field of local self-government.

Local governments can endure federal and subjects of the Federation with individual government powers, the implementation of which becomes a controlled state. A separate government authority can endure the entire system of local government authorities, or the executive bodies of local self-government of all municipalities, or the executive bodies of local self-government of a particular municipality.

State authorities, whose powers were transferred to local governments, are obliged to control their implementation, and therefore they are entitled to: coordinate the actions of local governments; give instructions to local self-government on the implementation of transmitted powers, coordinate decisions on the implementation of relevant authority; assign authorized to observe the implementation of the powers transmitted; request and receive documents and other information on the implementation of transmitted powers; hess reports of local governments; give an assessment of solutions received by local governments, from the point of view of legality and appropriateness; Cancel (suspend) solutions to local governments on the issues of transmitted powers. Disputes arising over the exercise of control powers are permitted by conciliation procedures or in court.

The constitutional status of local self-government is reflected in the Federal Law 2003 "On the General Principles of Local Self-Government Organization in the Russian Federation". According to his article 1, local self-government is one of the foundations constitutional system The Russian Federation is recognized, guaranteed and carried out throughout our country.

Local self-government in the Russian Federation operates independently and is developing on the basis of generally accepted principles and norms of international law and international treaties Russia, constitutional establishments, the provisions of federal legislation, the laws of the constituent entities of the Federation, adopted in cases and the procedure established by the federal legislation, the charters of municipalities and other municipal legal acts.

Local management - business management mainly by local importance, carried out by bodies and officials appointed by central or other higher state bodies and accountable last

In Chapter 1 of the Constitution "Fundamentals of the Constitutional Order", one of the articles (Article 12) is specifically devoted to local self-government, its fundamental constitutional basics. It says that local self-government is recognized in the Russian Federation, which is independently within its powers, and its bodies are not included in the system of government bodies. In more detail, the constitutional foundations of local self-government in the Russian Federation are secured in four articles (Article 130-133) of a special ch. 8 of the Constitution of the Russian Federation "Local Self-Government", as well as in a number of other articles of the Constitution of the Russian Federation. In art. 130, for example, in essence, the main content of local self-government and the path of its implementation is determined. It says that local government provides an independent decision to population of local importance, possession, use and disposal of municipal property and is carried out by referendum, elections, other forms of direct will, through elective and other local governments.



In development constitutional basis Local governments in the Russian Federation in August 1995 was adopted by the federal law "On the General Principles of Local Self-Government Organization in the Russian Federation". * It is primarily given a characteristic of the municipality as a territorial unit, within which the rights of citizens are implemented to local self management. According to this Law, this is "urban, rural settlement, several settlements, the United General Territory, part of the settlement, other settlements provided for by this Federal Law, within which local governments are carried out, there are municipal ownership, local budget and elected local authorities" (Art. 1). Local self-government itself is defined as recognized and guaranteed by the Constitution of the Russian Federation an independent and responsible activity of the population by decision directly or through local self-government bodies, based on the interests of the population, its historical and other local traditions

constitutional status Local self-government in the Russian Federation comes down to the following basic provisions: a) local government is one of the fundamental foundations of the constitutional system of the Russian Federation as a democratic state (Article 3 and 12); b) local self-government within its authority independently (art. 12 and 130); c) local government provides decentralization of power and management aimed at better ensuring the interests of the population of places, taking into account historical and other local traditions (Article 12, 130); d) local self-government - one of the most important ways to implement constitutional law Citizens of the Russian Federation to participate in the management of the country, thanks to which they receive the opportunity on their own, within their authority, to solve a very wide range of public affairs in their own interests (Article 3,12, 130, 132, etc.); e) local government is carried out at the level of municipalities, where local issues can be solved most efficiently (Article 131); (e) Local self-government can be carried out both in the forms of direct democracy (referendum, election, etc.) and in the forms of representative democracy (elected and other local governments) (Part 2 of Article 130); g) local self-government and its bodies, being a form of self-organization and self-identity of the local population, are not included in the system of state authorities, although they are a special form of existing in the country uniform public power and therefore included in the system of organs of this power (Art. 12); h) the structure of local governments is determined by the population alone (Article 131); i) local governments can end up with the law of individual government powers with the transfer of material and financial resources necessary for their implementation, while the implementation of these powers is controlled by the state (part 2 of article 132); k) the change in the boundaries of the territories in which local self-government is carried out, subject to the opinion of the population of the relevant territory (part 2 of article 131); L) Local government is guaranteed by law on judicial protection, to compensate for additional costs that arose as a result of decisions adopted by state authorities, prohibiting the limitation of local governments established by the Constitution of the Russian Federation and federal laws (Article 133)

The practical implementation of the powers and functions of local self-government is carried out not by the population directly, but through specially created structures - local governments.

The main task of local governments is to solve the issues of local significance directly related to the life support of the population. The list of such issues is enshrined for each type of municipalities in Articles 14 - 16.2 of the Federal Law No. 131-FZ. In addition, local governments can be endowed with individual government powers in the manner determined by Chapter 4 of the Federal Law. Thus, the solution of issues of local importance and the implementation of individual state powers is the main elements of the competence of local governments.

In accordance with Article 34 of the specified law, the structure of local governments is:

- representative body of the municipality;

- the head of the municipality;

- Local administration (executive and administrative body of the municipality);

- the control and counting body of the municipality;

- other bodies and elected officials of local self-government provided for by the charter of the municipality and possessing their own powers to address local issues.

The law also establishes 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 names of local governments are established by the Law of the Directory of the Russian Federation to ensure their uniformity. Thus, the Law of the Novosibirsk Region establishes the following names of local governments: a representative body - the Council of Deputies, the head of the municipality - the chapter or mayor (in urban districts), the executive body - the administration or the mayor's office.

Consider in more detail the legal status of each local government.

The leading place in the structure of local governments occupies representative body of the municipality. This is a collegial body, whose competence includes the adoption of the most important decisions in the municipality.

Federal Law No. 131-FZ identified three options for the formation of such an organ:

1) the representative body of the settlement, the urban district, the Intorodsky district, the internal municipality of the city of federal significance consists of deputies elected in the municipal elections;

2) a representative body of the municipal district in accordance with the law of the subject of the Russian Federation and the charter of the municipal district may consist of chapters of settlements that are part of the municipal district and from deputies of the representative bodies of these settlements elected by representative bodies of settlements from its composition;

3) The representative body of the settlement is not formed if the number of residents of the settlement with election is not more than 100 people. In this case, the authority of the representative body is carried out by the approach of citizens. The Charter of the settlement with the number of residents of more than 100 and not more than 300 people may be provided for that the representative body is not formed and its powers are carried out by the similarity of citizens.

In the exclusive competence of the representative body of the municipality are:

1) adoption of the charter of the municipality and the introduction of changes and additions to it;

2) approval of the local budget and the report on its execution;

3) the establishment, change and cancellation of local taxes and fees in accordance with the legislation of the Russian Federation on taxes and fees;

4) adoption of plans and programs for the development of municipality, approval of reports on their execution;

5) define the procedure for management and disposal of property in municipal property;

6) determining the procedure for making decisions on the establishment, reorganization and liquidation of municipal enterprises, as well as on the establishment of tariffs for services of municipal enterprises and institutions, work, except for cases provided for by federal laws;

7) determination of the procedure for the participation of the municipality in organizations of inter-municipal cooperation;

8) definition of the procedure of logistical and organizational support activities of local governments;

9) control over the execution by local governments and officials of local self-government authority to address local issues;

10) Deciding on the removal of the head of the municipal resignation.

This is provided for by Federal Law No. 131-FZ "Minimal" list of powers of the representative body of the municipal formation. The decrease in this list is not allowed, and the expansion of the authorities of the representative body may be envisaged by the charters of municipalities.

Deputies of the representative body of the municipality exercise their powers, as a rule, permanent basis. No more than 10 percent of deputies can work on an ongoing basis.

Head of Municipal Education He is the highest official of the municipality. Federal Law No. 131-FZ provides for several models of the structure of local governments, depending on how the head of the municipality is elected and what functions it performs:

1) The head of the municipality is elected in municipal elections and heads the local administration;

2) The head of the municipality is elected in municipal elections, part of the representative body of the municipality with the right of a decisive voice and fulfills the powers of his chairman;

3) The head of the municipality is elected by the representative body of the municipality from its composition and fulfills the powers of his chairman with the right of a decisive voice,

4) The head of the municipality is elected by the representative body of the municipality from its composition and heads the local administration;

5) The head of the municipality is elected by the representative body of the municipal education from the number of candidates presented competition Commission According to the results of the competition and heads the local administration;

6) In the settlement, in which the authority of the representative body of the municipality is carried out by the selection of citizens, the head of the municipality is elected at the gathering of citizens and fulfills the powers of the head of the local administration.

Which of the listed models will be used in a particular municipality, determined by the law of the Directory of the Russian Federation and is enshrined in the charter of the municipality. Thus, the Law of the Novosibirsk Region dated November 24, 2014 No. 484-OZ "On certain issues of the organization of local self-government in the Novosibirsk Region" for most municipalities (except for rural settlements) provides for the option when the head of the municipality is elected by the representative body of the municipality from among the candidates presented Competition Commission on the results of the competition and heads the local administration.

Thus, the place of the head of the municipality in the system of local governments may be different - he can lead the local administration, be the chairman of the representative body, and in rural settlements it can combine both of these status. But regardless of this there are a number of powers that the head of the municipality carry out in any case:

- represents a municipal education in relations with local self-government bodies of other municipalities, state authorities, citizens and organizations, without a power of attorney, is valid on behalf of the municipality;

- signs and publishes regulatory legal acts adopted by the representative body of the municipality;

- issues legal acts within its powers;

- has the right to demand the convocation of an extraordinary meeting of the representative body of the municipality;

- ensures the exercise by local government authorities to address local issues and individual government powers.

The head of the municipality represents the representative body of the municipality annual reports on the results of its activities.

The powers of the head of the municipality are terminated early in the case of:

- death;

- resignation by own willing;

- dismissed by the decision by the decision of the representative body of the municipality;

- deregistration from office in the highest official of the subject of the Russian Federation;

- recognition by the court incapacitated or limitedly capable;

- recognition by the court is missingly missing or declared declare;

- entry into account on the legal force of the conviction of the court;

- depart beyond the Russian Federation for permanent residence;

- termination of citizenship of the Russian Federation and (or) acquisition of citizenship foreign state;

- revocation by voters;

- Installed in court order with the persistence of the head of the municipality, etc.

Local administration - This is an executive and administrative body of the municipality. The local administration is headed by the head of the local administration on the principles of unity.

The head of the local administration may be:

1) the head of the municipality;

2) the person appointed to the position of head of the local administration under the contract.

The local administration has the rights of a legal entity. 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. As a rule, the structure of the local administration includes management and departments. The main staff of the local administration is municipal employees.

Federal Law No. 131-FZ does not contain a list of powers of the local administration, these powers are established by the charter of the municipality. The number of these powers is usually large enough, since this particular authority carries out the current management within the framework of local issues.

Assembly Municipality is created in order to implement external municipal financial control. The presence of this organ is not mandatory. Its formation is advisable in major municipalities with significant financial and material resources.

The procedure for the organization and activities of the control and counting body of the municipal formation is determined by the Federal Law of February 7, 2011 No. 6-FZ "On the General Principles of the Organization and the activities of the Control and Accounts of the constituent entities of the Russian Federation and Municipal Education".

Election Committee Municipality has a fairly unusual status: in accordance with Federal Law No. 131-FZ « municipal authoritywhich is not included in the structure of local governments. " This means that the Municipal Election Commission is independent and is not subordinate to local governments. The Election Commission of the Municipal Education organizes the preparation and holding of municipal elections, a local referendum.

The procedure for the formation and powers of the election commissions of municipalities is established by the Federal Law of June 12, 2002 No. 67-FZ "On Basic Guarantees elective law and the right to participate in the referendum of citizens of the Russian Federation. "

In general, the legal regulation of the structure of local governments is based as follows. Federal Law No. 131-FZ determines which authorities must be formed in each municipality, the methods of their formation, the main powers. Moreover, this law Enlightens several alternative models for building a system of local self-government agencies.

The laws of the constituent entities of the Russian Federation from these models determine the one that should be applied in the municipalities of a particular type (rural, urban settlement, municipal district, urban district, etc.).

The legal regulation of the structure and status of local governments in the charter of the municipality is essentially reduced to reproduction of the provisions of federal and regional legislation. The possibilities of "creativity" in this issue are extremely limited and are mainly due to the establishment of additional powers of individual bodies of local self-government.

The question arises - like this model legal regulation Related with Article 131 of the Constitution of the Russian Federation, according to which "The structure of local governments is determined by the population independently"?

The answer to this question tried to give the Constitutional Court of the Russian Federation in the decision of 01.12.2015 No. 30-p. Here are some fragments of this act:

"From the provisions of the Constitution of the Russian Federation, it follows that the issues of the organizational device of the municipal authority, having a purely local nature in relation to ensuring effective and responsible solutions to local issues, acquire state importance From the point of view of realization through local self-government, the principles of democracy belonging to the basics of the constitutional system of the Russian Federation. Based on this, the structure of local governments should be determined by the population not arbitraryly, and within the framework of the general principles of the organization of local government established by the Federal Law. The legislator of the Directory of the Russian Federation is not deprived of the opportunity to provide for the use of certain options as non-alternative in all municipal areas, urban districts, internal regions, as well as in all those urban settlements, which in the degree of concentration assigned to them public functions And tasks with in nature state importance are comparable to urban districts. "

Thus, the Constitutional Court of the Russian Federation did not discover the provisions of the Constitution of the Russian Federation in that the federal and regional legislation ruffles the structure of local governments, almost depriving the population of the municipality of the opportunity to influence it in any way.

Control questions and tasks

1. Give the definition of local self-government. Word your point of view - is it possible to consider local self-government to the Institute of Civil Society?

2. List the principles of local self-government. Which of these, in your opinion, are implemented in practice the most difficult?

3. Familiarize yourself with the content of the European Charter of Local Self-Government. Word your point of view - Is it fully implemented in Russia?

4. What provisions of the Constitution of the Russian Federation, in your opinion, are of the greatest importance for the development of local self-government?

5. Give a brief description of the Federal Law of 06.10.2003 No. 131-FZ "On the general principles of organizing local governments in the Russian Federation" from the point of view of the subject of its regulation and place in the system of sources of municipal law.

6. What are the issues of the organization of local self-government are governed by the laws of the subjects of the Russian Federation? As in general, it is possible to determine the role of the laws of the constituent entities of the Russian Federation in the system of sources of municipal law?

7. What elements is the system of municipal legal acts? How can you determine their role in the system of sources of municipal law?

8. List stipulated by law Forms of direct exercise by the population of local self-government and the form of the population in local self-government. Which of them are used in practice most often?

9. What bodies enter into the structure of local governments? Give a brief description of each of them.

10. What models of local self-government can be allocated, what are the features of each of them?

11. Word your point of view - to what extent the current legislation complies with the provisions of the Constitution of the Russian Federation that the structure of local governments is determined by the population independently?