Moscow Military Institute of the Federal Border Guard Service

Russian Federation

Legal faculty

COURSE WORK

"Local self-government in foreign countries."

Artist: Belyakov A.V. (Group 822)

moscow

Plan:

1. Introduction .

2. General characteristics and basic principles of local self-government.

3. Local self-government systems.

4. The procedure for the formation of local governments.

5. Competence of local governments.

6. Conclusion.

7. Literature.

Introduction

Local self-government as an independent phenomenon public Life And the Institute of Civil Society originated in ancient times. It existed as community self-government before the state-organized society, the stages of the ancient world, the Middle Ages and the New Time passed. From the end of the XVIII century. And especially in the XIX century. Local self-government becomes a permanent object of theoretical scientific understanding. It is actively used when conducting political, administrative and legal reforms.

In modern scientific and educational literature, five main theories of local self-government stand out.

The theory of free community is designed in early XIX. in. German scientists. The main focus is to substantiate the need to limit the state's intervention in the community affairs, which historically preceded the state. This theory, based on the idea of \u200b\u200bnatural law, proceeded from the recognition of the community as a naturally established organism independent of the state. The ideas of the theory of the free community were reflected in the legislation. In the Belgian Constitution of 1831, for example, along with the legislative, executive and judicial authorities, a special, "community" power was recognized.

The theory of public self-government, who came to the change of the theory of a free community, also proceeded from the confrontation of the state and society, from the recognition of freedom to carry out their tasks with local communities. This theory nominated as signs of self-government not state, namely the economic nature of the activities of local self-government, saw the essence of self-government in providing local society himself to conduct its public interest without any interventions from the state. At the same time, not the natural rights of the community were put forward to the fore, but economic activities self-government bodies. However, in practice it turned out to be difficult to distinguish purely economic affairs local significancewho would differ from their own consistence on public administration cases.

The public theory of self-government was distributed in the 60s of the XIX century in Russian legal science. She was justified in the works of A.I. Vasilchikova, V.N. Leshkov, who proceeded from the right of local institutions to independently engage in local economic and public affairs, from the independence of local self-government from the state.

The theory of state self-government was developed by German scientists of the XIX century. Lorenz Stein and Rudolph Gnist. The essence of this theory is that self-government is considered as one of the forms of the organization of local government. All the powers of local self-government are given by the state. However, local self-government is carried out by non-governmental persons, but by local residents who are interested in the results local government. The theory emphasizes the state nature of local self-government.

Within the framework of this theory, it is customary to allocate two main directions - the political associated with the name R. Gnister, and the legal, which is associated with L. Stein.

Proponents of the political direction associated the independence of self-government bodies with the procedure for their formation. Gnaist believed that local government should be carried out by honorary people from the local population at no cost. This should be achieved by the election or purpose of the self-government officials who carry out their functions of local self-government for free.

Supporters of the legal direction saw independence of the authorities of self-government in the fact that they are not direct bodies of the state, but by local society authorities, to which the state imposes the implementation of certain powers of public administration, Stein considered local government as a territorial team with status legal entityEntering B. legal relations with the state.

The state theory of self-government received its distribution in Russia in the 70s of the XIX century. Her supporters V.P. Disorders and A.D. Gradovsky proceeded from the fact that self-government is a political concept, it is valid for the rights of government authorities, and that local government objects are included in the tasks of public administration, therefore it is impossible to talk about the non-state nature of local self-government.

The theory of dualism of local self-government proceeds from the dual nature of municipal activities - self-solving local affairs and implementing at the local level of certain state functions. Therefore, municipal authorities, carrying out management functions, go beyond local issues and should act as a government tool.

The theory of social services believes that the main task of municipal authorities is the provision of services to the population, their main goal is the welfare of the inhabitants.

General characteristics and basic principles of local self-government.

In most modern states, the management of all field cases is carried out by special bodies of local governments, formed on the basis of universal, equal and direct election law during a secret ballot, as well as specially designated local authorities. Local or municipal self-government is such a local business management system, which is carried out by special elected bodies directly representing the population of a particular administrative-territorial unit of a given country. The European Charter on Local Self-Government, adopted by the Council of Europe on October 15, 1985, gives the general definition of local self-government, which has actually become universal and adopted by all democratic states. Under local self-government, Charter understands "the right, the actual ability of local communities to control a significant part of public affairs, to manage it within the framework of the law for its responsibility and for the benefit of the population."

The concept of local self-government proceeds, above all, from the fact that local communities of the population are one of the main elements of any democratic regime, and the right of citizens to participate in public affairs management is an integral part of the democratic principles for the construction of most modern states.

In addition, the principle of local self-government proceeds from the fact that citizens' participation in public affairs management can be implemented in directly at the local level. At the same time, it is clear that the existence of local communities clothed with real powers makes it possible to provide such management that would be the most efficient and as close as possible to the needs of the population.

Strength and influence of local governments in different countries Reflects the degree of democratism of the existing political regime. These organs arose and developed as a direct counterweight of the absolute authority of the center. By virtue of this, they very often turned out to opposition to the central government, and their relationship was often characterized by a frank confrontation on the division of competence, financial and economic issues, etc. Initially, these bodies were formed on the basis of limited electoral law by the wealthy citizens of the Company in the presence of valuable barriers (literacy, education, settling, property qualification). Subsequently, the system of formation of local governments was democratized, these bodies turned into the most massive and most close to the public.

The importance of local governments is also determined by the fact that in everyday life, citizens face precisely with the activities of these bodies, since they have a decisive effect on the creation in the relevant territorial unit of conditions for the life support of the population, although the overall direction of socio-economic and political activity is determined by the central authorities of the state Power and management. Of great importance is the fact that local governments are connected by organizational unity, have the authority to possess and dispose of certain property, to conclude transactions, dispose of the local budget, etc. Therefore, in the conditions of a market economy, the need for broad self-government in places is usually supported and protected by a majority of the population of any country.

Currently, the most significant signs of a local government system in foreign countries are their universal election and significant independence in solving local issues. . This independence rely on municipal property, the right to challenge and dispose of local taxes, the possibility of making a wide range of regulatory acts on local management issues, the disposal of the local police, etc.

Communal self-government, for example, in Germany, is characterized by the following principles, characteristic of many other developed democratic states: independent independent of other bodies by the implementation of local communal functions, own liability in solving local community tasks, while the subjects of self-government are subjects public law; The activities of employees in utilities are carried out on an unprofessional basis. Local governments are entitled to the right of elections of self-government bodies; right to take its own regulations; financial autonomy; independence in personnel policy; Independence in the field of communal planning; implementation of state supervision and control over the activities of the commune. Such principles reflect the most characteristic features of the local government system and in other European countries. At the same time, the European system of local government has enforced a serious impact on the general principles for the formation and functioning of local self-government in other regions.

The established, for example, in Latin America, local government legislation was due to a number of factors, including the influence of Spanish colonial legislation. The history of the emergence of local governments here originates during this period. Power authorities were provided, on the one hand, quite broad powers, and on the other - they were under tight control on the part of the central authorities. The first such institutions arose in Mexico back in 1519, and their activities were regulated by special ordinances adopted by the Spanish Parliament - Cortes. City municipalities provided property to property, the right to solve local issues, tax fees and publication of regulations. However, the leaders of the municipal authorities are the main alcalds (mayors) or correchidors (advisers) - were considered employees of the central authorities. So, for the first time in Latin America, an administrative autonomy system was introduced, i.e. Significant independence of local institutions within the law, but under tight control on the part of the central authorities through their representatives in the field. This principle, which has become fundamental in legislation on local self-government, is still applied in Latin America.

Thus, Article 29 of the Constitution of Venezuela 1961 explicitly enshrines the autonomy of municipalities as the right to choose their authorities, to carry out free activities within their competence, create their own sources of income and collect cash receipts.

Brazil, for example, includes over 4300 municipalities that have the right to independent management in everything that relates to their interests. Municipalities have political, administrative and financial autonomy. At the same time, since the Federal Republic of Brazil is built on the principles of considerable centralization, including the right of central authorities to the wider intervention in the affairs of the subjects of the Federation, the Constitution of states provide for a similar institution of interference in the affairs of municipalities. The grounds may be violations of municipal autonomy, debt on federal payments, non-fulfillment of federal laws or court decisions, violation of human rights, etc. The principle of federal intervention has constitutional framework, It is enshrined with the articles of the Federal Constitution and the State Constitutions, which include municipalities. The principle of federal intervention is considered by Brazilian researchers as one of the guarantees of preserving the integrity of the state and ensuring the normal functioning of the constitutional authorities, the democratic regime and the system of local self-government.

Local governments are usually based on a branched official apparatus, which directly depends the efficiency of the work of these bodies. Local self-government bodies directly carry out managerial functions on the ground, at the same time speaking as a legally independent element of the power mechanism . Currently, local self-government organs and their executive apparatus are one of the largest elements of the management system.

The legal and actual independence of local governments in a number of modern states is of a special specific nature. Their independence is different than the independence of autonomous formations, since local governments do not have legislative powers, since they can act only on the basis of and within the framework of legislation issued by the central legislative bodies of the entire country or the subject of the federation, if it is a federal state. In Germany, for example, there are three conditions for legal regulation of local governments: federal legislation, legislation of individual lands and legal establishments made by the communities themselves. The norms of federal legislation is primarily the Basic Law of FRG 1949, but the leading place in the legal regulation of local governments occupies lands legislation, although in various lands legal status Commune has its own characteristics. The land constitution, as a rule, duplicates the provision of Article 28 of the Basic Law of the Federal Republic of Germany, and also complement and specify its individual provisions. Most of the issues of municipal self-government are governed by the laws of land, among which the main time occupy the charters about the communes. The charters about the communes have all the Earth FRG. The third link of legal regulation of local self-government in Germany is legal acts Communities themselves. They have the right to take their own legal acts on local issues. All land statutes about the communes contain provisions that each commune has the ability to take its own charter or position. These charters determine the possibility of taxing and their collection, registration of commune expenditures, the implementation of autonomy in the field of planning, organization of municipal control, etc.

In practice, the principle of local self-government means the transfer of certain administrative powers who have a purely local importance, in the conduct of organs elected directly by the population of this territorial unit. In democratic states regarding the role of local governments, the doctrine "Municipal Power - Out Policy" is valid. This means that local governments should not solve political issues, since the decision of political issues affects the interests of the entire state, and therefore cannot have a purely local importance. This, of course, does not mean that local self-government bodies are not subject to political influence, which is simply impossible, because They are elected on party lists of regional public organizations. The meaning of the concept of "municipalists is out of politics" is aimed at clearing the competence of regional and central bodies more clearly, prevent the interference of regional bodies into the solution of national issues.

Local self-government systems.

In foreign countries there are several types of organization and operation municipal institutions. Among them, it is customary to allocate: the Anglo-Saxon municipal system, continental (French) model of local government, local (communal) self-government of Germany, within which various forms and varieties are applied.

The Anglo-Saxon municipal system has developed in the UK. Acts also in the United States, Canada, Australia, New Zealand and other countries.

The essence of this system is that local organs are considered as autonomous education, operating within the authority provided by him. There is no direct subordination of the lower organs by superior, there are no authorized central government on the ground. Along with representative bodies, which directly elect by the population of administrative-territorial units can also be elected to some officials. Control over the activities of local authorities is carried out indirectly through the central ministries and through the court. In order to designate the organization and activities of local authorities, the term "local government" is used in the legislation, and the local government itself is an integral part of the state mechanism.

Local self-government and management in the UK is characterized by a variety and is regulated by a large number of acts. In most cases, self-government is carried out through tips elected by residents of relevant political and administrative units. In England, there are advice of county, administrative districts and parishes, in Wales - tips of counties, county and communities, in Scotland - tips of territorial units of local government and community advice, in Northern Ireland - councils of counties and parishes. In the arrival of less than 150 voters, tips are not formed, and decisions are accepted on general meetings voters.

Continental (French) model of local government is used in most countries of continental Europe, Francophone Africa, in Latin America, in the Middle East. This model is based on a combination of direct public administration in places and local self-government. There is a subordination of the downstream links to the higher. The springchalnitsa of this model is France.

In France, there is traditionally a high degree of centralization of local government and self-government, which manifests itself in the system of administrative control of the central government behind the local authorities. The reform behavior in France in the early 80s how lowered such centralization, expanded the powers of territorial groups, provided them with great independence, but retained the central government in the field. At the local level there is a special authorized government who monitors local governments. Each department has a state representative (commissioner of the republic), which provides administrative control over the legality of the solutions taken by the Communes, which are the basis of local self-government. France has more than 36,000 communes, 90% of them have less than 2,000 inhabitants. Each commune has a council that elects the mayor from its composition. The mayor is at the same time a state employee and head of local self-government. Territorial self-government bodies are also available in 96 departments, 22 regions and districts of Paris, Marseille and Lyon.

Local (communal) self-government in Germany is considered by many authors as an independent model. As part of this model, four types of communities are distinguished: South Heerman; Main; Burgomister; Severoghermansky.

For the South Heerman type, the merger of the top of the representative corporation and the administration is characterized. Representative Corporation (Community Council, urban collection of deputies, etc.) is elected directly to the population. The head of the administration is also elected - Burgomaster, who simultaneously presidents in the government corporation. This type is called the Constitution of the Council.

The main type is characterized by the fact that the representative body, elected by the population, forms its executive body - the magistrate or the Senate, consisting of burgomistra and honorary members. This type is called the Constitution of the Magistrate.

The Burgomister type provides that the representative body elected by the population elects the Burgomist, which is headed by a representative corporation and the local administration, i.e. connects the functions of the head of the community and the head of the administration. This type is called the Burgomaster Constitution.

Severogrertic type resembles the Anglo Saxon Model "Council - Manager". The representative body elected by the population creates the Executive Committee, which is not a local administration, but only prepares the decisions of the representative body. This type is called the constitution of the director.

In the counties of self-government bodies serve as a representative body - a county congress or county council - and the administration led by the Zemsky adviser, who is elected by the population or representative body.

Despite the peculiarities of the organization of self-government in Germany, it has a lot in common with both Anglo-Saxon and continental (French) models.

Local self-government systems in modern states are built on the basis of the administrative - territorial division of the country. The administrative-territorial device itself of any country is the most important part. state organization. This device in most cases is purely conservative. It is usually rarely subjected to concrete breaking, does not matter serious changes even in the conditions of adoption of new constitutions and constitutional laws affecting other aspects in the organization of the state.

The administrative and territorial division of the country was as a rule, under the influence of purely geographical factors, taking into account the economic, social and demographic situations. The change in these factors, especially in the conditions of scientific and technological progress, of course, has an impact on the restructuring of the administrative territorial device Countries, but concerns more industrial regions. In the largest foreign countries (USA, Germany, Spain, Switzerland and others), the foundations of the modern system of administrative and territorial division were still in the XIX century, and in the UK, these foundations go back to the epoch of early feudalism. Therefore, in the system of administrative and territorial division of foreign countries, explicitly obsolete territorial units can be maintained, small on the territory that have lost economic, and sometimes the demographic basis for their existence.

Often the regulatory framework of various territories lags behind their increased socio-economic potential. Serious differences in the size of the territory, population and the economic potential of the administrative and territorial units belonging to the same category are still preserved. The regulation of the administrative and territorial device in unitary states is the competence of the central authorities, and in federal states are the competence of the subjects of the Federation, although the general principles of the organization of administrative and territorial division should be built on the basis of the principles of the Principle of General Constitution. Detailed regulation of local administrative and territorial division is carried out by special laws.

The system of local self-government in modern states may include vertically from two to five stars. The two-born structure of administratively - territorial division (Denmark, Costa Rica, etc.) and three-star (Italy, India, etc.) are the most common and convenient from the point of view of local government. The four-star and five-part systems of administrative and territorial division are significantly less common. At the same time, naturally, there are serious differences in the nature and roles in various countries. separate species administratively territorial units.

Local governments differ in the degree of centralization of relationships with higher authorities. One system of local self-government is built on the principles of direct subordination of the lower authorities to the higher (Italy, France, Germany). Along with this, a number of countries adheres to a frankly autonomous system, in which direct vertical submission is legally absent, and if in practice is carried out, then in a very limited form (USA, UK).

In the second case, local governments have quite large independence towards higher authorities. In this case, a fairly wide election system of these organs has been established. In some countries, the direct system of coziness is carried out by the so-called "coordination" of the activities of the lower organs (Japan).

Sometimes the activities of local self-government organs are subject to direct control of special government agencies. Most often, they are controlled by the bodies of the Ministry of the Interior (United Kingdom), even a special division as part of the government can be created in other countries (Ministry of Local Government Affairs).

In a number of countries (France, Italy, etc.) in administratively, territorial units are appointed Plenipotentiary representatives of the Government, who carry out administrative supervision of the activities of the elected bodies of local governments and their executive bodies, which puts these bodies under constant control by the central authorities.

In most countries in Latin America, direct centralized management of local authorities is not carried out, and the system is created, in which the representative of the Center is administered only by control functions and is acting along with the head of the municipality, elected by the population or advice. So, in accordance with the Constitution of the Ecuador of 1980, provincials are elected provincial advice headed by the prefectors, and the central government represents the governor, in the cantons there are municipal councils headed by Alcalds, although the main administrative person It is the so-called "political leader." The functions of the appointed representatives of the Center are officially reduced to the leadership of the police and supervision of the activities of elected institutions, and actually apply to everyday control over the work of elected institutions.

Representatives of the central authorities, carrying out administrative supervision in relation to local governments, can test the legality of acts adopted by these bodies and their compliance with the current legislation. Sometimes the solutions of local governments do not take effect before familiarization with them the chairman of the government. If in specially set time It does not receive fundamental objections from him, the decision comes into force. Cancel the decision of the local government administrator is not right, but may challenge this decision in court.

In turn, local governments may in court to protect their rights, the volume of their competence in the case of attempts to violate the autonomy of these bodies not only from the presidency of the government, the head of state, the country's parliament.

In administratively, territorial division in modern countries there is a lot of diversity, dictated in many respects historical traditions and economic expediency, therefore the characteristic feature of local self-government is the extreme diversity of organizational forms of their construction and direct dependence on their local conditions (geographical, socio-economic, production, industrial, demographic, etc.). In US states, for example, the main administrative and territorial divisions are counties, which are over three thousand. They differ in population and size of the territory. In a number of counties, they are divided into taunas and Townships - i.e. Free type of compact urban and rural settlements. American cities are usually. Refer to the type of municipal corporations in which about 2/3 of the population of the whole country live. Administratively, the territorial organization in the United States offers special divisions in the States - special districts, which are created to manage the areas of local life, which are excluded from the competence of local self-government bodies. Special districts have their own bodies or commissions, which are either completely elected by the population, or are appointed by the States or counties, so they act as conductor of general policies of the state or county (for example, school districts). School districts are created to managing schools and their financing. In addition, school districts are created to bring the school from the sphere of influence of political parties. Special districts are created for the fulfillment of a wide variety of functions: fire protection, housing, water supply, transport services, etc. Such districts are usually created under conditions when local governments for one reason or another are not able to provide the population a certain type of certain services.

In the UK, the territory is divided into counties, and counties - on the county, covering both urban and rural settlements. The lower territorial divisions in England are parishes, and in Wales and Scotland - communities.

In all administratively territorial units, except for small parishes, there are elected local authorities - tips. In small parishes, the functions of local authorities carry out periodically convened assembly of voters of this parish.

In Germany, the administrative and territorial division system is established by land constitutions. In accordance with the Constitutions, land lands are divided into district, the district is to the districts, and the latter are divided into communities. Areas and communities have their own local government bodies - relevant tips. In small communities, along with elective advice, meetings of local voters periodically convene periodically to solve local management issues. There are no elected local authorities in the districts.

In Japan, territorial division includes prefectures, and prefectures differ in the population of half a million to twelve millions. Prefectures include cities (points with a population of over 50 thousand inhabitants), villages and villages. The largest cities with a population over half a million have a special status. Local government bodies in prefectures, cities, towns and villages are elected by the population relevant meetings.

The procedure for the formation of local governments.

Local governments include elected municipal councils or commissions and formed by them. executive bodies. General order The formation of municipal councils and executive bodies is governed by special electoral laws and laws on municipalities. In federal states, the publication of election laws into local governments are within the competence of the subjects of the Federation. In most democratic countries, elections to local governments are carried out on the basis of universal, equal and direct election law during secret ballot. Passive electoral law is usually established by the framework of 18-25 years. At the same time installed I. whole line Censess requirements - settling values, incompatibility of the occupation of other posts in public service or in elected bodies, in court, etc.

In a number of Latin American countries, in order to be elected Alcald (mayor) or adviser to the municipality, according to the law on municipalities, it is necessary to have the right to be born in the relevant municipality or to live there for at least two years preceding the election, to be included in the polling register of citizens or to the electoral register for foreigners, not to be a convicted criminal court.

In the elections of municipalities in the UK, all British citizens (including peers) living in the country have reached 18 can participate in the United King. Candidates for deputies can be nominated every citizen who has reached 21 years and living on the territory of this municipality, working there or having or renting land, enterprises, house, apartment there. Pears, priests, personnel military, civil servants, indelived, cannot be elected. In municipal elections, some of the requirements of a moral nature can also be applied. Another feature is a number of foreign countries provide the right to participate in the elections of local governments to foreigners permanently residing in the territory of this municipality.

The procedure for nominating candidates for elective local governments provides various ways to implement these subjective rights voters - most often by submitting petition with signatures of the number of residents of this constituency established by the law with full volume elective law, in support of the candidate for the post of member of the municipal council. Candidates for municipal bodies can run by party lists, based on the support of a certain political party, or act as independent candidates. Elections are carried out both by single-member districts and by multi-member districts. To determine the results of the voting, both proportional and majority are used electoral systems. The majoritarian system can assume both elections in two rounds. The introduction of an imperative mandate is prohibited in the municipal elections. Deputies of municipal authorities are not related to any punishments of voters and are not obliged to report to those who have chosen their citizens.

Municipal tips are elected on schedule. In the United States, for example, local governments, depending on the level, are elected for 2-4 years, in the UK - for 4 years, and the composition of the municipalities can be updated in parts or to re-election completely. The numerical composition of local governments is also varied, as a rule, from several deputies to several dozen. Municipal councils of the capitals of states, as a rule, is elected more than one hundred advisers. Elected municipal councils legally headed by the Municipal Office of Management, which provides operational work on the leadership of the entire activities of the municipality. The term of office of the deputy corps of local governments is varied. In a number of cantons of Switzerland, it is 3-4 years old, Sweden, Norway, Portugal, Spain, Great Britain, Denmark, Holland, Germany (a number of land) - 4 years, in Ireland, Turkey, Italy, in Cyprus - 5 years, in a number of land FRG, Austria - 5-6 years, in Belgium, France, Luxembourg - 6 years.

The legislation of a number of countries provides special requirements for persons intending to occupy positions in local governments: suitability for military service, mandatory accommodation or place of work within the territory of the local government body, paying local taxes, etc. In Latin American countries, in accordance with local legislation, members of any legislative bodies, government ministers, civil servants who serve in the Armed Forces and Police Formations, serving municipalities, members of the judiciary, the notaries of their assistants, members of election commissions and Other faces. It is important to note that in a number of foreign countries, the legislation provides for the procedure for early recalling deputies of local representative bodies through voter voting. A characteristic feature of the municipal self-government of Mexico, for example, is that the chairmen and advisers of the municipalities elected by direct popular voting cannot be re-elected for directly the following all the officials of local governments, assigned to the post regardless of its name, cannot be elected directly For the next term, even another position in this municipality.

The question of combining deputy mandates is regulated in different ways: to combine several mandates at once (in Denmark - at the local, regional and parliamentary level), as well as a double mandate system at the local and regional level (Norway, Sweden, Denmark, United Kingdom, Ireland, Holland, Germany), to one deputy mandate (Austria, Belgium, France). Austria in the form of an exception allows combining the mandate of the lower level with the topmost (parliamentary). Italy is not allowed to combine mandates at one level (regional, provincial and municipal), as well as with the mandate of the members of parliament. In Luxembourg, a member of the local authority can simultaneously be a member of the National Parliament and European Parliament, etc.

Very often, the numerical composition of local governments can be determined in minimal and maximum calculus, and the constant composition is determined by the population of this area . In the Republic of Peru, for example, it is directly established that Alcald and 5 municipal advisers are elected in municipalities with a number of up to 500, Alcald and 8 advisors, etc., is elected from 500 to 1000. Such regulation of the numerical composition of local representative bodies protects against excessive increase in their composition, and, consequently, an increase in the costs of elections.

In the elections to local self-government, the percentage of abssentists is usually quite high, i.e. Not participating in the voting (in the United States, for example, up to 1/3 of all registered voters). In countries where a mandatory vote is introduced, this percentage, of course, is quite high.

According to the structure of local governments, as a rule, single-palate. Two-beaded construction of these organs is extremely rare (New York Municipal Council, for example). The structure of the municipal authority, as well as its numerical composition, is determined by the size of the territory and population. The main form of activities of local governments is the sessions that are regulated by local law. In the lower territorial units, these sessions are held quite often (in the United States - one or twice a month, in the UK - monthly). The sessions of the higher authorities are held 1 time per quarter or half a year. Extraordinary or extraordinary sessions on the request of a certain number of members of the representative body or at the request of local executive bodies (mayor, executive council, etc.) are also being carried out. Usually, extraordinary sessions are collected for solving only strictly defined issues and the solution of other issues should not have legal force.

Within its competence, local governments make decisions, give conclusions, express wishes and recommendations. The general principle is that local communities and expressing their will, local governments elected by the population possess, within the law of complete freedom of action in carrying out their activities on any issues that are not excluded from their competence or not transferred to installed manner Any other authorities. The powers themselves may be questioned or limited to another authority, central or regional, only within the law.

The Constitution of Spain in 1978, for example, in a special chapter "On the local administration" guarantees the autonomy of municipalities that have the full rights of a legal entity. According to the Constitution, management and management of municipalities is carried out by the relevant municipal councils, which consist of alcalds and advisers. Advisors are elected by residents of the municipality through universal equal, free and secret ballot in accordance with a special law.

Alcald (Chairman of the Council) is elected or advisers or directly by the residents of the municipality.

Decisions of local governments can be challenged in court. The legislation of a number of countries (for example, Italy) provides for the possibility of dissolution of local elected bodies in the event of actions contrary to the Constitution, as well as serious violations of existing laws, refusal to fulfill the resolution of the Central Government, etc. The legislation provides for the possibility of dissolution of the executive body of local self-government and sending his chairman who committed illegal actions.

The dissolution of the local government body can be carried out in the case of massive resignation of deputies or the complete inefficiency of the body of the local government due to the lack of a sustainable majority, as well as for reasons of national security. In Italy, for example, such a decision is made by the Motivated Decree of the President of the Republic after hearing the report of the Special Commission of the Central Parliament, which is formed specifically for this. Decree on the dissolution of the regional council of the President of the country is appointed by the Interim Commission consisting of three people who have the full amount of electoral rights. The Commission appoints the election of the New Regional Council in a three-month period and deals with the usual administrative activities within the competence of the Executive Body (Jint). The Commission makes decisions that cannot be canceled by any other authority and which must be subsequently submitted for approval of the newly elected regional council.

Competence of local governments.

The bulk of the powers of local governments is determined by national legislation and may vary even within the framework of one mill. General ruleRegarding the powers of local communities, is that these powers must be holistic and comprehensive in everything related to local affairs. In fact, they have the authority to solve only local affairs. For example, the Bavaria's Constitution refers to the issues that are local and included in the competence of the community, the following: Department of Community Property and Municipal Enterprises, Local public transport, local road construction, ensuring the population by water, gas, light, power; local planning; Construction of housing and supervision for its operation, local police, fire security; development of culture and maintaining cultural institutions; Medicine, family counseling and protecting motherhood; School hygiene and care for youth; Public pools, the burial of the dead; Preservation of local monuments and buildings.

The American structure of local self-government is determined by the special charter taken by the legislative body of the state. Charter usually sets the boundaries of municipalities, their functions, organizational structure, financing methods, the appointment and election system of urban local governments. City Charters enshrine the right of citizens to hold referendums on the most important issues of the life of the population, including taxation, change in the Charter itself, etc. The decision to hold a referendum can be initiated by the required number of citizens by submitting petition to the municipal council. As a rule, local governments cannot make decisions or perform actions that are purely political and affecting the country's political interests as a whole. However, in practice, it is possible to note that the adoption of such solutions can be noted. In particular, several municipalities of Japan decided to declare their territory by nuclear-free zones and protested against American military bases on the territory of their municipalities.

The competence of local governments is applied primarily on leadership and development. municipal economy, guard ambient, Planning Accommodation and Construction settlements, overall supervision of urban planning, development of a local transport system and the establishment of the order of regulation of its movement, local road construction, sewage, water and gas supply, power supply, cleaning of the streets, the fight against water bodies, etc.

Significant powers of local governments in the social sphere. This is the authority to provide social assistance to poor at the expense of municipal income. They include the construction and maintenance of houses for the elderly, at night, the construction of cheap housing, municipal schools, hospitals, maternity homes, etc.

Local governments govern the municipal property. They carry out activities in the field of local economy (issuance of permits for the right to open shops, spectacular enterprises, establishing rules for building cities, etc.).

Protection Powers public order, the protection of rights and freedoms of citizens includes the establishment of rules of behavior in in public places, giving permissions or the imposition of a ban on holding rallies, meetings, processions, demonstrations, pickets and other forms of social and political activities of the population of this municipality, the publication of prescriptions for implementation sanitary supervision, medical care, etc.

In a number of countries (USA, Canada, France and others), the police forces are under the jurisdiction of local governments that are entrusted with patrol and security services and other police activities.

The most important powers of local governments are represented in the budget and financial sector. In accordance with the European Charter on local self-government, local communities are entitled within the economic policy of the state to their own sufficient resources with which they can freely dispose of their powers. At the same time, the financial resources of local communities must be committed to the authority provided for by the Constitution or Special Legislation.

The Constitution of Spain, for example, directly establishes the provision that local finances should be sufficient to fulfill the functions of the laws on the relevant self-government bodies, which are used mainly to local taxes, as well as participation in the tax fees of the state and regional autonomous associations.

In determining the financial relations of the central government and local governments, most countries adopted the principle of financial autonomy of local self-governing units. This means that municipalities are independent financially, but they cannot spend more fundsthan this allows the local budget. For certain conditionsWhen a municipal formation is not able to manage its finances, the state usually represents it additional subsidies that guarantee the solvency of the municipality.

Mexican municipality, for example, independently dispose of their income received by the property belonging to them, as well as from taxes and other revenues that are established in their favor by the state legislative authority. IN obligatory they receive taxes, including additional fees set by the States to real estate due to its crushing, section, etc., as well as taxes that are established when a change in real estate prices, as well as federal receipts that the federation can be municipalities in size and On time, annually established by the legislative bodies of states, and the receipts received from public services in their jurisdiction.

In turn, the legislative bodies of Mexican states have the right in accordance with the Special Municipal income law to check their annual financial reports, paying special attention to the compliance of the costs of the municipality at its disposal.

Municipal entities for stabilizing their financial position are usually trying to attract funds for private lenders. Financial investments in the construction and repair of local roads and the construction of social housing are a fairly easy source of obtaining funds, because it brings a significant profit to capital depositors. The biggest threat to the financial activities of municipalities is the need to pay significant amounts of social needs from its own budget, especially due to the growing level of unemployment, an increase in the number of homeless, patients, disabled, etc.

The preparation and approval of the budget is the prerogative of the local representative body, which thus regulates its powers in the financial sector and can determine financial and economic policies. The draft budget is usually prepared by the executive body of the municipality, taking into account the possible growth of costs for unforeseen expenses. In addition to the annual budget, a long-term budget is usually prepared for several years, and several additions to it containing information on personnel costs, capital expenditures, loans, subsidies, etc.

Existing laws On municipalities are usually provided for a list of mandatory expenditures that municipal education should incur and which therefore should be included in the consumable part of the local budget. This list usually includes expenses for education, salary to representatives of the executive authority (mayor, local government, etc.), expenses for the operation of roads, the cost of maintaining fire, police, medical and other services, interest and payments on loans, episodic expenses . The initial guideline in the preparation of annual and promising budgets is the current policy and economic situation as the country as a whole and a particular municipal community. It should take into account the possible increase in prices and hanging wages, as well as the growth and reduction of the population. Any other unforeseen expenses take place, as a rule, under the article of episodic expenses. The main objective of the annual budget is to show the ratio of income and expenses of this municipal community. But the budget has another important purpose. Annual budget is a major prescription for the executive municipal authority that determines the costs for each article. When expending funds, the executive power should strictly adhere to the amount established by the budget and not go beyond the approved costs for each budget item. The annual budget should be thought out by the ratio of various types of income and consuming parts, possible and expected income and expenses (for example, an increase in taxes, unemployment growth, etc.). A year later, the annual budget is used for reporting and to compare it with the budget of other municipalities, which gives reason to improve the draft new annual budget.

The long-term budget, as a rule, is the main goal of creating cash reserves for the development of various parties to the follow-up to the municipal community. This budget makes it possible to provide opportunities to save financial resources for new activities. The long-term budget acts as a document of prospective planning, determining the priority areas of the activities of the municipality, allowing us to determine the present financial and economic position of the municipality from its future position. Long-term budget relies on such indicators such as quantitative growth of the population, housing growth, change in price index and interest rate growth, the change in the cost of maintenance of personnel, various operating costs, estimates of taxes and expenses, an increase in new activities in accordance with the electoral programs of municipal deputies representative bodies.

For municipalities, there are usually two types of income sources. The first is local sources: taxes, compensation and duties, penalty stations and profits from municipal enterprises. Second - Central Sources: Subsidies from municipal funds allocated by the Central Government or its structures (ministries), both general subsidies coming to support municipalities and special, having targeted appointments, social welfare, housing construction

Municipal authorities have the right to establish their own real estate taxes, income from capital, construction, tourist activity, advertising, on dog owners, etc. Most local taxes are established in accordance with the laws of municipalities. The norm of these laws prohibits municipalities to introduce taxes not provided by law. The most important among the listed taxes is the property of real estate, the payers of which are users of real estate, both physical and legal entities. The basis for the accrual of real estate tax is its market value. Profit tax is charged with physical and legal entities received profits thanks to the municipality.

Local revenues of income, such as compensation for the services provided by the municipalities, have great importance for the income of municipalities. This includes water supply and sewage fees, market duties, parking fees, issuing road documents, etc. The local municipal income includes duties for the use of sports facilities, the fee for the right to use museums, fee for the provided service, etc.

Executive Power (Mayor and His Government) are responsible for income receipt, as well as for spending budget funds. Sometimes it is included in the concept of "political responsibility" of the local government, as it is conducting financial and economic policies developed and approved by the local representative body and the annual budget. At the end of the budget year, the mayor must submit a report to the representative body on the execution of the annual budget. Both in the implementation of financial and economic policies, and in the preparation of the REPORT, the mayor usually receives assistance from the central authorities, in particular, from the Department of Finance.

In local governments of a number of foreign countries, special categories of officials with their clearly definite competence are elected or appointed.

In American counties, for example, there are a large number of elected officials, such as Treasurer, Inspector, Assistor, Registrar, Clerk, Prosecutor, Sheriff, and others, whose powers are determined by the legislation of the relevant state and are included in the structure of local self-government. The treasurer organizes tax collection, storage of funds of the county, issuing funds allocated to various local needs, controls the spending of these funds. Inspector or county engineer is responsible for the design of roads, bridges, the establishment of borders, land management, etc. The ASSESSOR is engaged in identifying and evaluating all types of property to be taxed. The registrar is engaged in registration of purchases, sales, sections, mortgages and other actions against property, as well as testaments, marriage certificates, divorce, etc. Clerk is responsible for the proper storage and design of county documents, the organization of voter registration, voting and counting the votes filed. The sheriff heads the county police, manages the prison of county, carries out arrests. The prosecutor pursues the courts of persons accused of committing crime, presents the county in court, advises the Council of County and officials on legal issues.

An integral part of the structure of local governments is various departments and organizations that accumulate various areas of activity. The most common - departments of health, police, finance, fire protection, public works, social services, labor, transport, communal services, rest of the population, consumer affairs, etc. Usually, the employment department and public works department, which are engaged in the selection and the provision of a permanent place of work, to evaluate the working capacity of citizens, their vocational training, and etc. The social service department is engaged in the provision of financial and food assistance to families with low income, homeless. The Consumer Business Department investigates complaints of the quality of goods and services, develops a system of local rules for the protection of consumer rights, inspection of the use of measuring instruments by trading enterprises is monitored by the quality of the packaging of goods, issues licenses for small retail, for the operation of a taxi, regulates cable television activities in the territory of the district, etc. Health Department is investigating cases infectious diseasesThe implementation of the program medical care Schools, checks the sanitary condition of the environment.

Conclusion.

The overseas experience of the organization of municipal institutions suggests that local self-government and public administration in the field are combined, historical, demographic, geographical features of a country, the form of government are taken into account state Device, political regime, legal system and other factors.

Local self-government is constructed, as a rule, in accordance with the administrative and territorial division of the country. The primary cell is urban and rural units (communes, communities, parishes, etc.).

The legal basis for the organization of self-government in foreign countries are the relevant provisions of the constitutions, national laws on local government and self-government, in federal states are also the laws of states, lands, other subjects of the federation.

An important legal basis for self-government for all countries of Europe is the European Charter of Local Self-Government, adopted by the Council of Europe on October 15, 1985, a significant part in the organization of this charter belongs to the Congress of the local and regional authorities of Europe. It is a deliberative body consisting of two chambers - the chambers of local authorities and the chamber of the regions. Since 1996, Russia is a member of the Council of Europe, its delegations participate in the work of the Congress. "On February 8, 1996, the European Charter of Local Government was signed on behalf of the Russian Federation in the city of Strasbourg and ratified Federal law of April 11, 1998

Literature:

1. E.M. Kovers, "Municipal Law", Roman - Infra M, Moscow, 2000

2. N.V. Balam, "Constitutional Law of Foreign Countries", Norm - Infra M, Moscow, 2000

In some countries with a federated political and territorial device, the National Constitutions define only the basic principles of the formation and activities of local authorities, landing legal regulation municipal relations on the subjects of the Federation. For example, the main law of Germany establishes only the fact that "in the lands and communities and communities, the people should have a representative office created by universal, direct, free, equal and secret elections" by A.Fotapov Local self-government of foreign countries. M ..: Lawyer, 2002 p.23.

In the Constitution of India, local self-government speaks only in Art. 40 (Part IV - "State Guidelines for State"), which is noted, then the state will take measures to organize rural Paccumats and to endow them with such powers and authorities that may be necessary in order to function as self-governing units " A.F.Potapov Local self-government of foreign countries. M ..: Lawyer, 2002 p.24. All issues related to local management are essentially transferred to the subjects of the federation.

The degree of regulation of various aspects of local self-government in the state constitutions of Nativeinakov. Conditionally, they can be divided into two main groups. To the first one belongs to the Constitution, containing a small number of rules establishing the competence of local authorities (for example, Alabama, Mississippi, etc.). The second group includes a constitution, which are characterized by more detailed regulation of local self-government. In them, along with the principles of the activities of local bodies included norms regulating the internal organization of municipalities (for example, New Mexico).

A completely opposite example is Mexico, where local government is not given to the deposit of the subjects of the Federation, and is sufficiently detailed by the National Constitution. Thus, in the fifth section on the states, the basic principles of the activities of local authorities are enshrined, their structure is determined and their structure is determined.

In unitary states, the volume of constitutional regulation is also unequal. For example, in the Constitution of France, 1958 it is said that the communes, departments, overseas areas, which are "freely managed by elective councils in accordance with the terms provided by law" A.I. Kovlenko Municipal Law in Russia and abroad M.: Norma infra, 1999 p. 56.

The constitution of some states devote entire chapters and sections to local self-government. These include the Constitution of Japan (Chapter VIII), Mongolia (Chapter 4: "Administrative-territorial units of Mongolia, their management"), Bulgaria (Chapter 7: "Local self-government and local administration"), Spain (section dedicated to the territorial organization of the state and local control).

Constitutional provisions on local self-government are concretized and detailed by current legislation. Conditionally, local self-government laws can be divided into two groups.

The second group includes laws governing local bodies in areas or in separate administrative units. Thus, the 1976 Municipal Law in Finland regulates the activities of the lower link of local government.

In addition, local government is regulated by various acts dedicated to other constitutional legal institutions, and first of all, the Institute of Elections. For example, "In China, such an act is the Law of 1979 on the elections to the All-China Assembly of People's Representatives and the local meetings of popular representatives of various steps. In addition to general acts of constitutional law, the functioning of local authorities may be directly related to the laws relating to other branches of law (administrative, financial, etc.), for example, municipal tax laws 1928 and 1965. In Sweden, the 1985 housing law in the UK "A.I. Kovlenko Municipal Rights in Russia and abroad M.: Norm-Infra, 1999 p. 62.

Specific specificity has legal regulation of local government in a number of Anglo-Saxon countries.

Thus, in the UK and the United States, starting from the middle of the XIX century, the principle of "positive" regulation of the functioning of local self-government is applied, according to which municipalities can only do what is provided for by the relevant legal acts. The actions on which they are not authorized, in the UK are declared illegal due to the rules of "Ultra Vires" (exceeding authority). Regulation of the competence of municipal authorities by the central government is carried out by establishing a detailed list of their rights and obligations. Each event of the municipality leaving beyond such a list requires a special permission.

In the US, the practice of regulatory municipal authority I found an expression in the Dillon formula: "Any fair, reasonable, substantial doubt in the presence of one or another authority is interpreted by the courts against municipal corporations, and the controversial powers are denied" A.I. Kovlenko Municipal Law in Russia and abroad M.: Norm-Infra, 1999 p.63.

The "positive" regulation regulation in the United States and the UK applies to almost the entire scope of local government, regardless of the specifics of certain types of municipal bodies.

Parliamentary practice has developed a rather complicated procedure for the adoption of private acts. The initiators of their publication are the municipalities themselves (except for parish councils). The project of a private act is taken by the municipality by a majority of his members's vote and is published in local press. "Projects introduced by cities that do not have the status of county cities, and urban districts are subject to preliminary approval of voters on collections convened for this purpose. At the proposal of voters or by decision of the Council, the preliminary approval of the project can be carried out by secret voting in polling stations. Only then it is transferred to the parliament "A.F.Potapov Local self-government of foreign countries. M ..: Lawyer, 2002 p. 34-35. The costs associated with the adoption of the act carries the initiator municipality.

From the end of the last century in England, "Alternative legislation" (ADOPTIVE ASTS) received widespread. Its feature is that the law or its individual norms are enrolled in relation to certain municipalities not automatically, but only at the request of the relevant advice.

The delegated legislation is becoming an important means of legal impact of government bodies on the sphere of municipal department. The right to solve issues subject to legislative regulation are provided to the government and ministries. The distribution of the regulatory form is justified by references to the need for greater efficiency in the decision of the urgent issues of municipal management. Such regulation is carried out in the form of orders, instructions, rules.

In the US, delegated legislation on municipal affairs did not receive such widespread as in the UK. However, the legislature of states provided the administrative authorities with certain opportunities to create new norms of "municipal law". In this regard, the state of social assistance state of New York, which authorized the Office of Social Assistance ( administrative authority States) to establish norms on all issues that enter or will be within the competence of this management and subordinate to him the Department of Social Assistance. Acts of municipal bodies of cities and counties must be in accordance with the acts of these institutions.

Of particular importance for municipal bodies and the United States are judicial precedents for municipal affairs.

In Great Britain legal basis The judicial regulation of the competence of municipal authorities is the principle according to which the courts of law can check the legality of any acts and actions of the municipal authorities. The presence of certain powers in the municipality and the correctness of their implementation can be questioned by both county courts and magistrates in the consideration of civil and many criminal cases. General provisions affecting significant municipal issues are formulated mainly High Court and the appellate court of the House of Lords.

In the US, a judicial precedent as a source of municipal law is a product of the activities of the Supreme Courts of the State, the Supreme Court of the Federation and their lower divisions. Forms of judicial regulation used in the United States are mainly similar to British options.

Thus, in the US and Great Britain, judicial precedents are the source of many norms of municipal law. The judicial interpretation gives the plasticity of the cumbersome system of legislation about municipalities, allows you to adapt it to the changed conditions.

Among the legal acts regulating relations in the field of local self-government, it is necessary to allocate the Charter (statutes) of local teams. These documents were widespread in the United States. For the first time the right of municipalities to take their charters was enshrined in the Constitution of the Missouri state in 1875. "Currently, only 6 states of 50 provide for their municipalities of the charter of self-government. In a number of states, the right to adopt the chartine is fixed behind cities, the population of which exceeds a numerical minimum (for example, in Arizona is at least 3.5 thousand people, in Texas - 5 thousand) "A.F.Potapov Local self-government of foreign countries. M ..: Lawyer, 2002 pp40. In some states, the charter of self-government is envisaged, in addition to cities, also for counties. As a rule, the Constitution and the laws of states provide that the charter of self-government is accepted directly by the population, that is, by referendum. "The amendments to the charters can be offered directly by municipal councils or educated special commissions, which can include both ordinary citizens and representatives of municipalities. Typically, the charters after their adoption are subject to approval in the legislative states, but there are also limitations or exceptions. So, according to the Constitution of California, the State Legislative Assembly may reject the Charter submitted to approval, but it is not entitled to make amendments to it. According to the State Constitution of New York, adopted or modified by the city of Charter for approval legislature State does not seem to "A.F.Potapov Local Self-Government of Foreign Countries. M ..: Lawyer, 2002 pp40-41.

In a number of states, municipal councils are recommended regularly (about 12 years old) on their own initiative to make a referendum on the establishment of a Charter's Revision Commission (to maintain it as a working document, adequate time needs). As for the voters, presenting the Petition to the Municipal Council, signed by the required minimum of citizens, they can initiate such a referendum at any time. Taking the Charter, the municipalities independently determine the models of the organization of local self-government. At the same time, the presence of the charter of self-government does not exempt them from under the government of the law. A significant part of the provisions of the Charter is directly based on the norms of state legislation, reproduces, details them, complements procedural moments. The introduction to the Charter of the provisions in contradiction with the state legislation makes it possible for the courts of decisions about the invalidity of such provisions due to the exceeding municipalities of their powers. With a large variety of charters of various municipalities, there is also a significant similarity of their internal structure, the nature and circle of the issues that they cover. This is due to the existence of a nationwide model of the charter of self-government. This model is not prescribed to municipalities in an ordinary order, but enjoys their popularity due to the qualities inherent in it.

One of the main requirements of the early bourgeois municipality was freedom of community self-government from government interference in local affairs. This requirement facing feudal absolutism has found theoretical substantiation in the concept of separation of the authorities, which some ideologists were interpreted not only as a distinction between the power "horizontal" (separation of legislative, judicial and executive authorities), but also as a balance of central government to local government, centralism - decentralization. Municipalities were recognized as the 4th power controlled by law and the court, but not subordinate to the government and its bodies in the center and in the field.

With the development of centralist trends in the management of the state, the regulation of the functions of municipal authorities became increasingly substantive and detailed. Local governments turned into a type of executive activities carried out within the framework of the general public policy.

In France, the birthplace of classical forms of administrative custody, local authorities were recognized as part of the administrative hierarchy. In Anglo-Saxon countries, the integration of municipalities into the system did not receive such a clear and complete legal design. "In the UK (and even more in the United States), it flowed slowly, while maintaining until the present time of the principle of subordination of local governments only by law, but not executive authorities" A.F. Potapov Local self-government of foreign countries. M ..: Lawyer, 2002 p.54. Legal doctrine in both countries and now denies the interpretation of administrative oversight over municipalities as a natural side of government activities arising from its very nature.

In the UK, an important step in establishing a government surveillance for local management was an education in 1871. special OrganHosted by municipalities - Department of Local Department.

Currently, control over the activities of municipal authorities is carried out by the Ministry of the Environment.

Control over municipalities is in one way or another in jurisdiction and other ministries (internal affairs, social services and health, education and science), domestic income management (assessment of taxable property) and treasury that have common subjects with municipal bodies. A number of ministries have their own regional services.

Direct regulation includes the subtitudinal rules and the administrative activities of ministries associated with specific local management issues. They publish circulars that establish the standards of municipal services (for example, in the field of local planning, the organization of fiscal work, the construction of schools, police supervision, destination, displacement and working conditions of certain categories of municipal employees - police, housing and sanitary inspectors, etc. ). The circulars are interpreted by new legislation, the government policy is explained in certain matters, the requirements for municipal reporting are imposed.

In the practice of relations between ministries with local governments, instructors takes an important place. Instructions municipalities are often contained in ministerial circulars. Despite their descending tone, local authorities rarely reject the recommendations of the government. The ministries also publish models of regulatory acts of municipalities, and any deviation from the proposed sample requires special justifications from the municipality.

One of the most powerful and oldest instruments of control are inspection services in the field of education, police, social assistance to children. "A special form of control is a public discussion of the issue raised by the municipality conducted by the representative of the ministry in place, with the participation of stakeholders. Active type of control - dispute resolution between various local authorities or local authorities and citizens carried out by authorized ministerial officials, in organizational forms of administrative justice "A.I. Kovlenko Municipal law in Russia and abroad M.: Norma Infra, 1999 p.96 .

The role of "Damoklov Sword" performs a special kind of punishment for non-fulfillment of responsibilities, which reduces the transfer of certain powers and services of the municipality to the ministry of officials or (at the preliminary stage) to the publication directly by the minister of orders not made by local authorities.

In the US, administrative control over management was developed in accordance with the concept of the production of local governments from the state authorities.

"The variety of forms and methods of administrative control over local government can be divided into two types: direct and indirect. The direct type of control includes:

• - requirements for preliminary approval by the staff of local government agencies;
• - appointment or displacement by local officials;
• - publication of orders and decrees, mandatory for local governments;
• - maintaining various standards by implementing inspections;
• - Transfer of local government administration functions.

Indirect administrative control includes the following possible actions State officials:

• - providing local council and information authorities;
• - requirements for local authorities to provide report administrations on various issues;
• - revision of solutions of local governments;

With all the variety of specific practice, the use of certain forms of administrative control over local self-government is most widely and rigidly applied in the field of finance, construction and detention of highway, school education, health care, social security and rules governing the reception, promotion and dismissal of employees of local self-government.

The strengthening of administrative regulation is clearly manifested in an increase in the management structure of the state of institutions in local affairs. Currently, departments, agencies (their names are different) and other local government bodies exist in most states. Their legal status is different. The most typical features for them are: the provision of recommendations, research, coordination and rendering technical assistance.

Departments and other state bodies within their industry or features are associated with local authorities. Intensive relations with municipalities support departments of education, health care, social assistance, roads, finances, community services, etc., it should be noted that these numerous contacts are not coordinated by any administrative center similar to the British Ministry of the Environment.

Since the Ruzwelt "New Courses", relations have steadily developed federal organs With municipalities. Currently, they have acquired a systematic nature, stable forms have developed, the main of which are federal programs of various economic, social and administrative events (from local planning and housing construction to civil defense) recommended by local authorities. Legally not obligatory for the latter, they formally do not violate the constitutional guarantees of the rule of states over local management. However, the adoption by the municipality of the financial and technical assistance of the federal government, reinforcing the program, means that he must follow all its prescriptions.

In Germany, in accordance with the view of the powers of the community state supervision divided into legal and industry.

Legal supervision applies to its own powers of local governments. It is limited to testing not feasibility, but the legality of the community management activities in the implementation of the powers and liabilities in the field of public law enshrined in law or voluntarily assigned authority and commitment.

The lower authority that implements legal supervision is Landrantsamt (for small rural communities) and the district control - Regigrengrezidium (for large district centers and urban communities). Central I. higher instance For all communities is the relevant district office and the Ministry of the Interior.

To perform their functions organs legal supervision Community:

• - request information about the activities of communities;
• - to protest illegal solutions and the actions of communities and require their abolition;
• - Take orders containing the requirements that the community is obliged to implement in accordance with the law.

The community has the right to appeal the decision of the legal supervision in administrative Court. Appeal as primary legal action should be preceded by an objection to the decision.

Industry supervision is carried out for the activities of the community in the field of delegated authority. In contrast to the legal supervision, within which only compliance with laws can be monitored, the industry supervision covers the verification and legality and feasibility of the actions of local self-government. In most cases, special laws define an organ exercising industry supervision. If the special law is absent, then the legal supervision authority performs the functions of the industry supervision.

Industry supervision authorities have the right to receive information. They may also give community instructions on the implementation of delegated powers. Other functions do not possess these organs. If the community does not fulfill the instruction, the body of industry supervision may apply to the legal supervision body asking for the adoption of the necessary measures, including the application of a forced action mechanism.

Thus, in the field of own powers of communities, supervision is limited to control over the compliance of their actions by law. With regard to delegated powers, supervision also applies to how certain orders are performed.

In Italy, control over the legality of administrative acts of the region is carried out by the Government Commissioner appointed by the Decree of the President of the Republic. "Each law adopted by the regional council is transferred to the Commissioner for 5 days, which for 30 days should (in the absence of objections from the government) to depend on it. Within 10 days after sight, the Regional Council publishes regional law. The text of the law is preceded by the following formula: "The Regional Council approved. The government commissar has rooted. The chairman of the jinta will promulge. " If the Commissioner's visa is not on the law, the formula varies as follows: "The regional council approved. It is believed that the Government Commissioner threw, since the term has expired for visiting the law. Chairman of the regional junta Promulges. " The text should follow the text: "This Regional Law is published in the Official Bulletin of the region. Each, to whom it applies to, is obliged to seek his observance as the law of the region. "A.I. Kovlenko municipal law in Russia and abroad M.: Norm-Infra, 1999 p. 72-73.

Regional laws are also published in the official newspaper of the republic. Regional laws and regulatory acts come into force no earlier than on the 15th day after their publication in the official newsletter.

If the Council believes that the refusal of the government commissioner is unauthorized, and again approves the law by the absolute majority of votes, the government of the republic can initiate its legality before the Constitutional Court.

Each Regional Center forms a control commission. The Commission consists of their government commissioner (or the state official appointed), which is its chairman, judges of the Accounts Chamber, three personnel officials of the State Administration (two of them belong to civilian personnel of the internal affairs bodies), two experts from among specialists in matters administrative law and management. She is controlled by the following decisions of the Soviets:

• - on budget expenditures calculated for a period of more than 5 years;
• - On the transition of rights to real estate, public bills, valuable credit paper, industrial promotions and bonds;
• - on the acquisition of industrial actions and bonds;
• - about monetary obligationsif they are not intended to acquire real estate, receiving or providing a loan on bail or for the production of contributions to credit institutions, authorized by law, or to acquire securities that release or guarantees the state;
• - about hiring and rent for more than 9 years;
• - About the management of public services.

In the Italian Parliament, the Commission on the regional issues is being created, which consists of 15 deputies and 15 senators selected by the chambers on a proportionate basis.

A member of the Commission cannot participate in meetings where the issues of the region are discussed, within which the constituency is found, where it was elected.

The regional council may be dissolved if he performs actions contrary to the Constitution and the law and if it is able to function as a result of resignation or inability to form a majority.

The dissolution is prescribed by the Motivated Decree of the President of the Republic after hearing the Commission on regional issues. A commission of RosPask is appointed commission of 3 citizens who have the right to be elected to the regional council, which for 3 months appoints elections.

Supervisory authorities have the right to require the provision of the necessary information and data relating to the organization and activities of the Gminine. May inspect the communal administration and participate in meetings of self-government bodies.

Light or Burgomaster are obliged to submit a governor of the Council's decision within 7 days after their adoption.

Decisions on budgetary issues and decisions to refuse to trust the rule of gmines are submitted to the regional accounting chamber.

The unlawful acts of local governments are invalid. Decisions on the invalidity of such acts as a whole or individual parts are accepted by the supervisory authority within a month from the date of their receipt.

The supervisory authority, having considered the question of the invalidity of the act, may suspend its execution. The solution adopted by the supervisory authority must be justified and contain explanations about the possibility of its appeal in the administrative court.

In the event of a violation by the Council, the Gminine of the Constitution or the laws of the Seimas (at the proposal of the Chairman of the Council of Ministers) can dissolve it with its resolution. The dissolution of the Council means at the same time the dissolution of all Gmini authorities.

In the absence of hope for improving the effectiveness of the activities of the Gminine bodies on the execution of public problems, the Chairman of the Council of Ministers may be removed and transferred to the management of the Government Commissioner for up to 2 years.

The Government Commissioner is appointed by the Chairman of the Council of Ministers on the proposal of the governor, coordinated with the Seimas. It assumes the tasks of implementing the powers of the Gminine authorities.

Administrative control over local self-government in democratic states has strictly defined limits. So, according to Art. 8 European Charter on Local Self-Government:

• - any administrative control over local governments can be carried out only in forms and in cases provided for by the Constitution or Law;
• - any administrative control over the activities of local governments should be aimed at ensuring legality;
• - Administrative control should be carried out in such a way that the degree of intervention of the controlling authority has been proportic to the importance of interests that this intervention is supposed to be protected.

Thus, despite a certain independence, local governments are integrated into general System organization of political power.

In world practice, has now been somewhat legal Systems Local authorities: Anglo-Saxon System (English or Anglo-American), continental system (European or French), mixed system ("hybrid") and Soviet.

1. Anglo-Saxon system

It is characterized by the lack of plenipotential representatives of the government, guarding elected bodies in the field. Municipalities are considered as autonomously operating within the credentials provided by him. Direct subordination of the lower organs by superior.

In a number of countries with such a system for organizing local authorities, some officials are elected directly to the population (for example, in the United States - urban treasurer, attorney, clerk, assessor, etc.).

Significant powers are given the committees of local representative bodies. In the UK and a number of US states, they are often endowed with administrative functions (they lead to certain areas of municipal activities, fulfilling the actual role of the executive body).

In countries with the Anglo-Social system, the principle of "positive regulation" of the activities of local governments, according to which they are entitled to make only actions prescribed by law.

One of the sources of law in the field of regulation of municipal relations (especially in the UK) are judicial precedents, in many respects regulators and concrete the competence of local authorities established by the acts of parliaments.

In the US, the functioning of municipalities is regulated exclusively by the States. Legal status Institutions dealing with local governments, differ: from structural unit In the same states before the Department in others. "They regulate the financial and economic and legal activities municipalities, provide them with the necessary information, recommendations, etc. Along with this, the governors of many states can control the functioning of local governments by issuing executive orders, as well as impose a veto on their decisions "A.I. Kovlenko Municipal Law in Russia and M.: Norma Infra, 1999 p. 78-79.

2. Continental system

In most countries of the world (continental Europe, French-speaking Africa, Latin America, the Middle East) received the spread of the continental system, which is based on the combination of "direct public administration in the field" and local self-government. The birthplace of this system is France, so it is often referred to as French. It is characterized by direct public administration in places in all administrative and territorial units.

So, in France, the Commissioner of the Republic - the "keeper" of the state of the state in the Department. In order to ensure national interests, he entrusts the observation of the execution of laws, regulations and government solutions. Under the guidance of ministers he manages public services In the Department. A similar position is held by the Commissioner of the Republic in the region.

In Italy, where the municipal system refers to the French type, a representative of the state is sent to each administrative-territorial unit. In the province, such a representative is a prefect - an official appointed by the Central Government. It leads the activities of the State Administration on the territory entrusted to him. In the communes of the representative of the representative executes the syndic. At the same time, he is the chairman of the communal jint (executive body). Sindica elects a communal council. Recommending the position, he brings the prefect of the province - to the state representative.

In the regions of Sweden, the representative of the Center is the governor appointed and responded by the Government without establishing a fixed period of government. It controls various peripheral services of the central departments, police department, local representative bodies.

Similarly, the prefects in the prefectures of Greece, governors in the provinces of Spain.

In Belgium, observation of municipal management is usually leading a municipal secretary appointed by the Central Government.

Representatives of the central government at the places play a significant role in Latin America.

The continental system is also characterized by a certain subordination of downstream authorities to the superior. For example, the Constitution of Italy provides areas for control over the legality of acts of provinces and communes. This provision was developed in the legislation of the country and regional statuts.

In countries with the continental system, the principle of "negative regulation" of the activities of local self-government bodies, according to which they have the right to carry out all actions that are not directly prohibited by law.

Thus, the continental system resembles a hierarchical pyramid, according to which various directives and information takes place and within which a whole network of agents in the field actively works on the central authorities.

3. Mixed system

In some countries (Austria, Germany, Japan), a mixed ("hybrid") system of local government, which has similarities both from Anglo-Saxon, and with continental, possessing specific features. So, in some units of local government, the elected body is both the link of the municipal administration, and the representative of the State Administration. For example, in Germany, the head of the administrations of districts (loners or district director) are both government officials and the heads of the executive bodies of municipal self-government.

In developed democratic countries, the differences between the considered systems of management organizations in the field are not fundamental. You can even talk about a certain convergence between them (especially with regard to municipal reforms in France and the UK in the 80s). Otherwise, things are in a number of third world countries, where local self-government systems borrowed from developed democracies are overwhelmed with a tough administrative care. For example, the local self-government of such the largest Asian country as India, for most of its parameters resembles British. At the same time, the state administration in places in the field of officials appointed from above, which covers all levels of administrative and territorial division is functioning here. At the head of the region (the largest territorial division of the state, which unites several districts) is the Commissioner, the district - the collector (Deputy Commissioner). They are appointed by the state governor (as directed by the government) for a certain period. Each of them can be recalled by the governor ahead of schedule, if it does not cope with its responsibilities or 3/5 members of the Corporation Council will require his resignation. "From the mid-60s, the irregularity of the elections to the organs of the rustic self-government was observed - Parachites (with an interval of 16-15, and sometimes at 20 years, instead of 4-5, as provided for by the legislation of states), as a result of which in the mid-80s gg 61% of municipal corporations and 85% of municipal councils were not functioning. The management of them was transferred to government officials "A.I. Kovlenko municipal law in Rossi and abroad M.: Norm-Infra, 1999 p.83. As a result, very popular in the period of the struggle for the independence of the slogan of self-government, according to the authoritative Indian specialist on the management problems of S. Makhshvari, has now lost its former importance. He notes that "India has achieved self-government both nationally and on local levelsAnd now it is carried out mainly in the form of public administration. "A.I. Kovalenko Municipal law in Russia and abroad M.: Norm-Infra, 1999 p.85. It is not always possible to conduct a clear distinction between direct public administration in places and the executive bodies of local self-government (by the local administration), since the latter are often endowed with national functions. For example, in Colombia in each department there is a governor who is both a government agent, and the head of the local administration.

Thus, in many countries with a low level of political culture of the population, local self-government was actually replaced by the state administration, which, of course, reduced the democratic potential of the political system, made it less flexible and dynamic, violated the bilateral connection of voters with the state.

Page 18.

Introduction .................................................................................................. 3.

Chapter 1. European Charter of Local Government as the main source of municipal law of European states. ..................... ... 5

Chapter 2. Features of local self-government in foreign countries ........ 9

Conclusion ................................................................................. 16.

List of references used ................................................. ..18

Introduction

The municipal law is called the right of local self-government. In this regard, the question arises: what is local self-government, what is his essence? Under local government means the organization of the government in places, involving an independent decision by the population of local issues. It (local self-government) can be carried out by citizens as by direct will (referendum, election, etc.) and through election bodies.

Local self-government is one of the democratic foundations of the Society Management System, the most important structural element of the device of power, this is one of the forms of realization by the people belonging to him. People can exercise power in various ways, including through local self-government. Local self-government is a decentralized form of management, which involves the well-known independence, autonomy of local authorities.

Moreover, it is very significant, these bodies are not state, derived from the structure of state; They are organs of local self-governing territorial communities (urban community, rural community, community union).

Local government assumes:

- An independent decision by the population of local importance;

- organizational separation of local self-government in the Society and State Management System;

- the diversity of organizational forms of local self-government;

- proportionality of the authority of local self-government material and financial resources.

It follows that the state recognizes local self-government as an independent level, an independent form of power. Local governments are not included in the system of state authorities (system, structure, the competence of these bodies is determined in local regulatory acts). Moreover, local governments independently manage municipal property, form, approve and fulfill the local budget, they independently solve other issues of local importance. Solving local governments can be canceled only in court.

Each branch of law operates with its specific concepts, the content and meaning of which make it possible to understand the scope of its norms, the features of their application.

This applies to the municipal law. Its conceptual apparatus includes such fundamental concepts, "as a municipality", "local issues", "local referendum", "representative body of local self-government", "local government official", "electoral official of local self-government", " municipal property"," Municipal Service ".

Local self-government is a complex concept. It can be considered in different aspects: as a form of democracy, as an independent level of public authority in the state, as direct activities to address local issues, as an element of civil society.

The purpose of the work is to study the experience of foreign countries in local self-government.

Chapter 1. European Charter of Local Self-Government as the main source of municipal law of European states

The European Charter of Local Government is based on the regulatory and legal regulation of local self-government.

The European Charter of Local Government is one of the main sources of the municipal law of European states, which is planning ways to develop local governments in modern Europe. It is based on the classic principle of subsidiarity, which established in European social philosophy in the Middle Ages, although the active implementation of this idea was proceeded only in the past century. According to this principle, questions that can be solved at the lower levels of management, it makes no sense to transfer to the top. Local communities need to be trusted as many managerial tasks as possible, and the state intervention is required only where without it can not do. In the charter itself, the concept of subsidiarity is formulated as follows: "The implementation of state powers, as a rule, should be predominantly naked on the authorities closest to citizens." The document was adopted on the initiative of the Council of Europe in 1985. The European Charter of local self-government was ratified by the Federal Law of April 11, 1998, and its provisions fully apply to our country.

The European Charter of Local Self-Government gives the following definition of local self-government: "Under local government means the right and real ability of local government bodies to regulate a significant part of public affairs and manage it, acting within the law, under its responsibility and in the interests of the local population." Thus, under local government means the right of subjects of municipal authorities and really existing guarantees for the implementation of this right, including guarantees of an economic nature. This definition It is hardly possible to be considered particularly successful, it is usually explained by the inaccuracies of the official translation of the text of the Charter.

Under the legal basis of local self-government is a totality legal norms, enshrining and regulating local self-government, from which in recent years has developed a new branch of Russian law - municipal law. It was it that, together with the constitutional law, is the fundamental basis on which the Municipal Building is erected.

The purpose of the Charter is to ensure and protect the rights of local self-government bodies. The importance of this is obvious: it is local self-government that allows citizens to participate in decision-making relating to their daily life. Moreover, compliance with this right guarantees the implementation of other civil rights and freedoms. Charter obliges States in the Council of Europe, to protect and strengthen the political, administrative and financial independence of local communities. Thus, the principle of independence of local self-government bodies is fixed at a high international legal level, and its observance is regarded as one of the main criteria for genuine democracy.

In the preamble of the Charter, it is stated that local government is one of the foundations of the democratic system, providing an efficient and approximate management. The document emphasized that the right to local government is one of the most important civil rights, and genuine democracy should not be founded where the power is centralized, but where it is dispersed and transferred to the place. Part I of the Charter reveals the concept of local self-government, determines the scope of its competence, guarantees and mechanisms for legal protection, ways to control its activities and sources of financing. It is important to note that self-government is unthinkable without free elections - it is not by chance that it is "carried out by advice or meetings consisting of members elected by free, secret, equal, direct and universal voting."

The charter provides for the right of local communities on its own territorial borders; on an independent definition of its administrative structures that meet local needs and ensuring efficient management; To collection taxes. Charter provides for the diversity of local self-government models, taking into account the characteristics of each member of the Council of Europe. The most important thing in this section of the Charter is the definition of the basic principles on which local self-government should be built in European countries.

When working in the problems of local self-government, the Council of Europe is not limited to the "paper" side of the case. An important role in the embodiment of adopted documents to life is played by the Congress of the local and regional authorities of Europe. This is a consultative meeting, where local and regional bodies of states, members of the Council of Europe, in 1994, replaced the former permanent conference of local and regional authorities in Europe, who worked from 1959. The Congress consists of the same number of members as the parliamentary Assembly, and delegates Local and regional authorities from the entire continent are sent to it. Congress carries out its work in two chambers: the ward of the local authorities and the ward of the regions. Russian representatives now work in them. The current work of the Congress is managing the Permanent Committee, which includes the envoys of all members of the Council of Europe. The plenary sessions of the Congress are held annually in the Palace of Europe in Strasbourg. For greater flexibility and efficiency, Congress provides for the creation of small working groups on the study of specific issues.

The congress of local and regional authorities is engaged in the right to local self-government as one of the manifestations of democracy. His main goal is to ensure the participation of local and regional authorities in the process of association of Europe, as well as in the work of the Council of Europe. Congress contributes to the development of democracy at the regional and local levels, strengthening interregional cooperation, helps new democratic states in the formation of effective administrative structures in the field.

Analysis of the principles laid down in the Charter indicates that modern Europe sees the most important element of democracy in the local self-government, which introduces people to the values \u200b\u200bof democracy, raising a sense of civil liability.

Local self-government is designed to balance the power of the state, limit it, prevent arbitrariness on its part. The transfer of powerful powers to the place also allows you to avoid overloading the central government by private problems substantial for certain local communities. Local governments are fulfilling the role of an intermediary between the person and the state. Both in the cities and in villages the work of local councils affects the literally everyone - it often seems to be citizens more understandable and concrete than the activities of the central authorities.

Well knowing the state of affairs in its territories, local governments are capable of more efficiently and rationally than the officials of the central apparatus, respond to unforeseen situations and conflicts. And the opportunities for innovations in local authorities are much broader - after all, the central authorities are implementing innovations, as a rule, in a nationwide scale, which increases the costs of probable failures. Finally, the municipal elections are conducted more often than national, and this gives the population an additional opportunity to enjoy their civil rights and express the attitude towards the activities of administrative and management bodies.

Chapter 2. Features of local self-government in foreign countries

The organization and activities of local self-government can be determined by various principles. So, the main principles of local self-government in Germany are:

- local self-government as one of the principles of state order;

- legal regulation of local self-government;

- recognition for the local self-government of a certain competence;

- organizational independence of local self-government;

- territorial principle of organization and activities of local self-government;

- the open and public nature of the activities of local governments.

In the United States, the fundamental principle of local self-government is traditionally considered to be the formula, expressed at one time by A. Lincoln: "The Board of the People with the help of its representatives and in the interests." The key importance in the municipal law of the United States is also attached to the implementation of the requirements of justice and equality before the law as the principle of implementing local self-government. In the organization of local self-government, preference is also given to the implementation of such principles as: federalism, the system of "checks and counterweights", harmonization of the interests of the state and personal rights and freedoms of a person and a citizen.

In its modern form, local government in developed democratic states has developed mainly as a result of municipal reforms of the XIX century. His formation was associated with the processes of transition from feudalism to the modern industrial society. The stronghold of the emerging bourgeoisie was the cities demanding independence in the management of local affairs, freedom from supervision and intervention from the central authorities. Local government began its origin from the guilds and those who have emerged by the city authorities of self-government, which often solved both administrative, financial and some judicial questions. The revolving independence of cities entails certain independence in the management of economic affairs. Cities gradually endowed the rights of a legal entity, which allowed the city authorities to manage the community property independently.

From the middle of the XIX century. This kind of field management has become referred to as local self-government. It was believed that local authorities were a kind of "fourth government", connected only by law and judicial control, but not subordinate directly to the central authorities. This approach reflected certain realities of that time, in particular, the weak economic interdependence and the relative isolation of territorial units, which determined the trend towards managerial particularism in the field. Local communities solved their own problems and were not very interested in the situation in other communities. Such a situation was reflected in the widespread dissemination of liberal views on the economy and the state, in which the independence of local government from the state seemed quite natural. Not by chance in the scientific literature, the concept of local self-government is defined as "the product of the Liberal Democratic state of the XIX century.".

The basis of this approach was the views of the English philosopher J. Clake, which was one of the founders of liberalism and the so-called "natural school" and the idea of \u200b\u200bhuman rights and freedoms in their works. According to J. Clak, the state is created primarily in order to serve as a guarantor of natural rights and freedoms, without being entitled to encroach on these freedoms, i.e. It must mainly carry out security functions. Later, his theory of natural and inalienable human rights was actively used by T. Jefferson and other theorists of the American revolution.

In the first half of the XIX century. The liberal concept of the role of the state was reflected, in particular, in the works of A. de Tokville and J.S. Mill. Based mainly from American experience, they argued that the initial source of power is individuals, independently manage their affairs and voluntarily uniting with other individuals on the basis of their "inalienable" rights.

Such views was based on the basis of the so-called "public" theory of self-government, which was distributed in Europe in the first half - the middle of the XIX century. This theory was based on opposing local communities to the state, political public interest.

In the second half of the XIX century. "Public" theory with its idealization of the nature of man and its capabilities, the role of education in achieving the company of its highest goals and the "explicit underestimation of conservatism of ordinary people", a certain "irrationality of collective social forces" gradually inferior to the place of the so-called "state" theory of self-government, the founders of which The German lawyers R. Gnist and L. Stein are considered. According to this theory, local self-government is primarily one of the forms of the organization of public administration in the field, being part of the general state system. Since local authorities are endowed with their powers by the state, then, therefore, these powers have its source state power, and the categorical opposition of the state and local self-government, according to supporters of the "state" theory, deprived of meaning.

In foreign literature there are two "classic" concepts (models) of the relationship between central and local authorities: "partnership model" and "Agency model". The first of them (substantiated in the XIX century. In the works of J.S. Mill) is associated mainly with such countries as the United States, Switzerland, Holland, whose political system has been formed "bottom up", through a gradual association of various local communities. The partnership model considers the relations of local and central authorities as the relations of partners and equal comrades (by a certain analogy with civil law), haunting common goals and providing the necessary services to the public. Within the framework of this concept, local government is understood primarily as the "organic element of the self-expression of the relevant local community", due to which the locals have the opportunity to "organize in their own interests they need." Such philosophy implies the presence of small and compact municipal units, endowed with significant autonomy in various fields, including in the field of finance.

As part of the agent model, the relationship between the central and local authorities is considered as the relationship of the agent and the principal (and here the analogy with civil law can be carried out), i.e. The emphasis is on the dominant role of the Center in relations with local government. Local organs are considered a kind of tool through which the central government implements its political course in the field. In favor of this model, the argument is usually provided that the central authorities, expressing national interests, possess a more significant mandate, as well as a broader outlook and knowledge necessary for the adoption of important political decisions. In addition, it is emphasized that local government is "just an administrative means of carrying out management functions on the ground", a focused "not so much to ensure the local representation, as for the provision of services." The state, being a guarantor of the effectiveness of socio-economic and public life and being designed to provide reasonable standards of services provided to citizens, has the full right to lead and direct local management.

Many foreign researchers, analyzing the above concepts, emphasize that they are very abstract and are polar character, so the truth should be searched somewhere in the middle.

In the works of individual researchers from countries of continental law, focus on self-governing principles in local government as a manifestation of certain "natural" rights inherent in local communities. There are, however, quite categorical statements that "the existence of municipal institutions as self-governing authorities is by no means a matter of" natural law ", but represents the result of the development of the political process." According to the German scientist Z. Ballis, the municipalities are, first of all, "natural" corporate units, and their autonomy implies not so much of the desire of higher state bodies to provide certain freedom to municipalities, how many of the sovereignty of the people who must respect and ensure the state in practice . The right to local government, notes Z. Ballis, should be defended as a fundamental constitutional right, and the municipality, which considers that it is violated, may require the protection of this right in court, right up to appeal to the Federal Constitutional Court.

In the works of some French researchers, there is still a distinction between "artificially" (ie, acts of the central authorities) created by administrative-territorial units (for example, Canton, District) and "naturally" formed formations, only recognized central authorities (for example, city) . It is believed that the management of the first should dominate the interests of the state, while the second can enjoy significant independent rights and guided primarily by local interests.

Comparison of different points of view makes it possible to conclude a certain dualistic position of local government positions within the state mechanism. On the one hand, local government is part of a unified public administration, a decentralized and organizationally separate element of the state mechanism, dependent on the center and serving as an administrative organization for the provision of services to the population in accordance with national standards and the general political course of the central government. In contrast to the subjects of the Federation, the autonomy of local communities is "not constitutional, not legislative, but only an administrative character." Local organs do not possess the so-called "competence to establish their competence", i.e. They cannot independently determine the range of their powers, since the latter are established by higher authorities, as well as by the courts.

On the other hand, local organs have their own legitimacy, because they are formed directly by the population or with the participation of the population. In addition, they have a certain independence, since they have their own financial (local taxes levied in favor of local communities, loans, as well as other cash receipts), material (municipal property) and human (local employees) resources, as well as legal authority ( For example, the possibility, acting as a legal entity, enter into contracts and initiate claims). In the German constitutional law, such independence is expressed in the so-called "five communities sovereignty", which, however, should not contradict the laws of land and federation. Within the framework of "financial sovereignty", each community has the right to independently dispose of its incomes and expenses, including the population towing certain taxes. "Organizational sovereignty" gives the community the opportunity to fix the form of its management in its charter. The "standard sovereignty" allows the community to determine the number of personnel necessary to manage it, to solve the wage of their employees, their services or resignation. As part of the "planning sovereignty", the community in accordance with the law shall be divided into industrial, residential and green zones, determine its development. In accordance with the "authorized and legal sovereignty", they can take community acts that are mandatory legal force.

Conclusion

So, local government, on the one hand, depends on the central authorities and is a peculiar continuation of the state administrative machine at levels below the central, and on the other, it serves as a legitimate expressant of the ideas of local communities. Such duality generates "a kind of internal conflict inherent in local control." Reflecting local interests and the "independent role of local communities in a wider state-owned", local government is at the same time subordinated to control by the central authorities and is obliged to participate in the implementation of government policies. Local management, therefore, can simultaneously be "and a tool for central control over local communities, and counterweight controls," means, both overcoming local particulism and its expression.

In order to give an adequate assessment of the relationship between the state and local governance on modern stageIt is also necessary to understand the ratio of the concepts of "Local Governance" and "Local Self-Government". The most correct seems to be not opposed to local self-government to local government, as some domestic researchers do, but consider them in the ratio as part with the whole. Such an approach was laid in the works of one of the founders of comparative studies of modern local departments - H.F. Alderfer. In particular, he emphasized that it should not be opposed to such concepts as "local self-government" and "Local State Administration", "Local Representative Office" and "Local Unintended Management", since all of them enter into a wider concept of "Local Governance" .

The term "local government", as a rule, does not apply to the regional government of states whose territory consists of autonomous entities that have the right to take laws on issues enshrined with the National Constitution (Italy, Spain, Sri Lanka). In scientific literature, such states are sometimes referred to as "regionalist" and are considered as a peculiar intermediate form between the unitary and federal state. Perhaps in this case, the term "subnational management" should be used as a generalizing, used in foreign literature mainly as a synonym for local management.

In a certain sense, the "local self-government" and "local government" can be synonyms, since one is the main part of the other, personifying its essence. At the same time, the term "local self-government" has a special semantic load, reflecting primarily the functional aspect of democratic field management, the autonomy of local teams within a wider whole, their ability to independently solve local problems. In this respect, this is indicative by the German researcher F.L. Kohmineer determination of local self-government as "autonomy of small territorial units within the framework of the laws common to the entire state."

The concept of "local self-government" formally assumes that the population of relevant administrative-territorial units itself manages its affairs. The management process, however, can be carried out only through the relevant bodies formed by the population (most often by direct voting).

Thus, it can be concluded that modern local government is a rather complicated and flexible mechanism, which may include both the state administration in the field and local representative and executive bodies, which reflects the combination at the Institute of Local Municipality of Self-Government and State Started. It is in such a quality that local government is included in the state mechanism, possessing significant specificity and independence compared to other elements.

List of used literature

Sources

1. European Charter of Local Government of 15.10.85 // Federal Law on Local Government: Scientific and Practical Comment. M.: The university book, 2012 p.446-453.

Literature

1. Baranchikov V.A. Municipal law. M.: Law and Law, 2015. - 382c.
2. Glushchenko P.P. Municipal law. St. Petersburg: Publishing House V.A. Mikhailova, 2014. - 352c.
3. Kazanchev Yu.d. Municipal law of Russia. M.: New lawyer, 2015. - 287c.
4. Kutafin O.E., Fadeev V.I. Municipal law of the Russian Federation. M.: Phone, 2014. - 552c.
5. Schugrin E.S. Municipal law. M.: Case, 2015. - 496c.

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Lecture 2: "Local self-government as an independent institution of civil society"

2.3. Local self-government in foreign countries

In foreign countries, significant experience has been accumulated by various models of local self-government. These models are different in the order of the formation of local governments, subjects of local self-government, the nature and features of the relationship between local self-government bodies with state authorities, etc.

Knowledge and generalization foreign experience Local self-government organizations objectively help develop recommendations to improve the efficiency of the organization and activities of local self-government in the Russian Federation.

An Anglo-Saxon municipal system exists in the UK, USA, Canada, Australia and a number of other countries. In the scientific literature it is its traditionally called the first municipal system. The main signs of the Anglo-Saxon municipal system are the following:

Local governments have the right to take only those actions that are directly prescribed by the law. In the event of a violation of this rule, the acts of local authorities will be recognized by the court with no strength, since it is published with exceeding authority;

Local self-government bodies are not directly subordinated to state authorities;

The main unit of local self-government is the parish;

The competence of local governments includes: management of the police, social services, fire protection, local roads, construction and operation of housing, sports facilities, public transport, etc.

The United States has developed three main forms of city administration.

"System of the mayor-council", which operates more than half of all local urban cities. At the same time, it may be about the "strong" mayor and the "weak" mayor. On the volume of the municipality of the mayor, its position in the system of municipal management is influenced by such factors as the procedure for its election (the mayor is either elected directly by residents or by the municipal council; it is possible to become another way of election of the mayor - the mayor can be a municipal adviser who climbed the largest number of votes in elections in Council); the term of office of the mayor (this may be four years, and two years); The mayor's right to impose a veto to the decision of the Council and others.

"System Council-Manager" (or "City Manager"). This form of urban management is used by almost 40 percent of cases. The mayor and the municipal council hire a professional manager (urban manager), which manages the city administration and manages the city as a private enterprise. The municipal council and the mayor are political bodies defining a common political line.

The third form of urban self-government in the USA - "Commission" - is rare enough, in small cities. Urban management is carried out by the Commission consisting of usually from five members elected by the general voting. Commission members simultaneously perform the functions of the Council and the heads of the main divisions of the municipal office.

Second main municipal system Received the name of the French (Continental). The main difference between the French system of local self-government from the Anglo-Saxon is in the nature of the relationship between local governments and government bodies. Such a system is used in states with the traditions of centralization of power, the significant control of government bodies behind the local authorities.

The final contours of this system was determined in France after adoption in 1982 on the Rights and Freedoms of Local Collective, according to which:

The main unit of local self-government is the commune, the population of which elects the municipal council for a period of 6 years;

The voting law has citizens of France, which have reached 18 years;

The competence of the Municipal Council includes the solution of all issues of local importance, with the exception of those who are directly the authority of the mayor;

Council decisions taken within its competence are acquired binding power provided that they are transferred to the State Representative in the Department and published;

The municipal council at its first session elects the mayor, who is the chairman of the commune; prepares the sessions of the municipal council and executes it; manages the property of the commune and has the right to commit civil-law transactions; represents the interests of the commune in the judiciary; appoints employees and makes decisions on administrative incentives and recovery; Chairs administrative commissions and others. The mayor is authorized to ensure law and order and security, to make the necessary decisions, including arrest sanctions, and can also fulfill other powers, including those that may delegate the municipal council.

Similar systems of regional self-government in France also exist at the level of departments and regions.

State control over the activities of local governments are carried out by state officials - prefects of departments and supports of the Commune. These government officials are representatives of the Central Government of France. The state control is subject to all without eliminating the solution of local governments. If the representative of the state considers the decision to be illegal, he is entitled to invite his authority to withdraw or change it, and in case of failure to take measures to transfer the case to the administrative court. The appeal of the representative of the state to the court is possible and without prior appeal to the decision made by the decision.

Control is subject to exclusively the legality of decisions. To offer local governments to change their decision based on other understanding of expediency, state representatives are not entitled.

The fundamental difference of this system from the existing one before 1982 is the translation of state control to the mode of exclusively a Posteriori. Until 1982, the decisions of local governments entered into force after the approval by their state representative.

Along with the two above-mentioned municipal systems in foreign countries, there are also other systems as varieties of two main systems, so-called mixed systems or individual models of local self-government. As an example, local (communal) management of Germany can be called.

The main law of Germany (paragraph 2 of Art. 28) is guaranteed local government and enshrined that communities should be given the right to independently solve all community problems within the law and under their own liability. Communities in the framework of the action of their functions that arise from laws also have the right of self-government.

In the right of German entities - land, the activities of local government agencies are governed by constitutions, local government provisions and individual laws. As part of these regulatory acts, the idea of \u200b\u200bthrough control, in which the federal state, land, self-government bodies are a single vertical, under which management activities are carried out.

Germany's local self-government subjects include: local roads, planning and arrangement of territory, social assistance and support for young people, construction and content of schools, security, etc.

For many developing foreign countries, a significant role in the local government appointed from top-end authorities, i.e. the so-called "direct state administration in the field." Thus, in the Holland Burgomaster, which is the chairman of the executive body of the municipality, is appointed by the Royal Decision on the recommendation of the Royal Commissioner for this province after consulting with the Municipal Council. It is endowed with some government authority. It, in particular, is responsible for the police and fire services.

The most important source of the municipal law of the countries of Europe is the European Charter on local self-government, developed and adopted by the Council of Europe on the initiative of the permanent conference of local and regional authorities in Europe (currently - the Congress of the local and regional authorities of Europe). This document In addition to the general principles and general provisions regarding the implementation of local governments in Europe, it establishes the binding force of individual provisions of the Charter for the signatories. These are such provisions as guarantees to protect the territory by local government, the right of local self-government to determine their internal administrative structures. In addition, the Charter includes a provision on the conditions of the implementation of the authority at the local level, on the sources of financing of local governments, on administrative control over the activities of local government bodies. The Charter also enshrines the right of local government agencies and the right to judicial protection to ensure the free exercise by their authority.

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