Federal Law of 06.10.03 No. 131-FZ "On general principles Organizations local governments In the Russian Federation "makes glad significant changes In the activities of unions and associations municipalities. The law contains a special chapter on municipal cooperation. Such cooperation is expected both in the organizational and economic sphere.
So, envisaged creation of the Council of Municipalities in each subject of the federation. (SG.66).
The Council is a mandatory form of inter-municipal cooperation.
Tips of municipalities are created in the form of non-profit organizations - associations (Article.66) in accordance with the requirement of the Federal Law of January 12, 1996 No. 7-FZ "ABOUTnon-commercial organizations. "
The Association "Council of Municipal Education" (subject of the Russian Federation) is non-Profit Organization, created by the municipal formation (subject of the Russian Federation) in order to ensure the rights of municipalities that are members of the Council, and the presentation of their common interests, as well as ensuring the coordination of the activities of the Board of Development of Legal, Organizational, Financial and Economic and Territorial Fundamentals in the subject of the Russian Federation.
The Council operates in accordance with the Constitution of the Russian Federation, the Federal Law of 06.10.03. №131-ФЗ, federal law of 12.01.96 No. 7-FZ "On non-commercial organizations", other laws and regulatory legal acts.
The constituent documents of the Council is:
-memorandum of association,enclosed by his members;
- a real charter,approved by members.
The Council was a legal entity, possesses separate property, has an independent balance, accounts in credit institutions, including in foreign currency, press and stamps with their name, have the right to have their own symbols, forms with their name and emblem.
Council members retain their independence. The Council is not entitled to interfere in the activities of municipalities, limit their activities.
The Council is not responsible for the obligations of its members. Council members are not subsidiary responsibility According to the obligations of the Council.
Council as a non-profit organization does not pursue as the main goal of its activities, profit profit. The Council may, by decision of its authorities, to carry out entrepreneurial activities only inspired, as it serves as the goals for which it is created.
1 FZ of the Russian Federation "On the General Principles of the ISSA in the Russian Federation" №131 - FZ dated October 6, 2003, SG.67, P..2 // Meeting of the Legislation of the Russian Federation
For implementation business activities The Council can economic societies or participate in such societies. The Council can create:
1) non-commercial organizations or participate in such organizations;
2) branches and offices. Branches and representative offices are not legal entities, operate on the basis of the provisions approved by the Council.
Property of the Council account for material values \u200b\u200band financial resources on its balance sheet and are the property of the Council.
Council to achieve goals enshrined in this Charter may have a building and building equipment, equipment, equipment, cash in rubles and foreign currency, securities and other property in accordance with the legislation of the Russian Federation.
To ensure the activities of the Council, entering the introductory, annual membership fees and target contributions. The size of the introductory, annual membership and targeted contributions is established by the General Assembly (Congress) of the Council members. In accordance with the procedure established by law, the Council conducts accounting and statistical reports.
Council member may be municipalities recognizing and observing the Charter. Member of the Council are: 1) municipalities,
the adopted (signed) constituent treaty of the Council, as well as municipal entities that joined the Council in the future.
Council member has the right to get out of the Council at the end of the fiscal year at its discretion. The statement of a member of the Council of Leaving the Council is submitted to them by the Chairman of the Board of the Council no later than three months before the intended release.
Higher organ Council Management is Collection.The rate of representation at the meeting is one representative with the right of one vote from each member of the Council without the right to transfer its powers to another member of the Council. The competence of the Council includes:
· Determination of priority activities of the Council, principles
formation and use of its property;
Change and addition of the Council's Charter;
· Election of the Board of the Council;
Election of the Chairman of the Board of the Council and the Executive Director of the Council;
Election of the Audit Commission;
· Decision on the reorganization and liquidation of the Council;
Making decisions on admission to the Council of new members;
· Approval of the size of the introductory, annual membership and targeted contributions of members, etc.
The meeting is convened as needed, but at least once a year. The form of the meeting is a plenary session. The decision of the meeting is accepted by open voting.
The general management of the activities of the Council in the period between the meeting meeting is carried out by the permanent collegial body - the Board of the Council.
The Audit Commission monitors the compliance of the activities of the Office of the Council's authorized goals and the tasks of the Council, the decision of the Assembly, the legality and the effectiveness of the use of the Council's funds and property. The activities of the Audit Commission may be regulated by the Regulations on the Audit Commission of the Council approved by the Assembly.
The Association "Council of Municipal Education of the Moscow Region" was established on May 26, 2006 in accordance with the requirements of claim 1. Article 8. Federal Law Of October 6, 2003 No. 131-FZ "On the General Principles of the Organization of Local Self-Government in the Russian Federation". At the Constituent Congress of the Association, held in Ramenskoye, the constituent documents of the organization were adopted, its governing bodies were elected. Under and the Council, the leaders of 340 municipalities of the Moscow Region were set, who became the founders of the Association.
At January 2019, members of the Council are 154 of the 159 municipalities of the Moscow region.
In accordance with the Charter's objectives of the Council are:
- representing the common interests of the municipalities of the Moscow region;
- organization of the interaction of local self-government bodies;
- protection of the rights and common interests of municipalities that are members of the Council;
- promoting the realization of citizens' rights to local self-government;
- ensuring the coordination of the activities of the Board of Development of the Financial and Economic, Legal, Organizational, Territorial Basics of Local Self-Government;
- ensuring the effective interaction of local governments with federal bodies state power and state authorities of the constituent entities of the Russian Federation;
- organization of cooperation with international and foreign organizations, including with associations of municipal formations of foreign countries.
The Chairman of the Council in 2006 was elected and until June 2010 was held by Vasily Yuryevich Golubev - Head of the Leninsky Municipal District of the Moscow Region. In June 2010 V.Yu. Golubev comprehended the powers in connection with the appointment of the governor of the Rostov region.
From July 08, 2010 to March 4, 2014, the Presidium of the Council was headed by Alexander Nikolaevich Baranov - Head of the Naro-Fominsky Municipal District of the Moscow Region. Alexander Nikolaevich has consisted of authority in connection with the appointment of adviser to the Governor of the Moscow Region (in the rank of the Minister) on the issues of the Supreme Council of the region.
By the decision of the Presidium of June 24, 2014, Valery Ivanovich Shuvalov was elected Chairman of the Council - the head of the Kolomna urban district.
The executive office of the Council, by the decision of the Presidium in 2006, was headed by Oleg Borisovich Ivanov, who had previously held the position of head of the Office for Public Relations and Local Self-Government in the Ministry of Territorial Education of the Moscow Region.
The current work of the Council of Municipalities of the Moscow Region is carried out by the Governing Body of the Presidium of the Council. The Presidium of the Council on the principle of proportional representation includes the most authoritative leaders of local governments of all types of municipal formations of the Moscow region.
Since 2006, the Institute of Representative Office has been operating at the Council, the Moscow Regional Duma is the Chairman of the Committee on Local Self-Government A.A. Naumov. The structure of the Council created, which included representatives of local governments of the municipalities of the Moscow region.
In order to coordinate and exchange experience representative bodies The local government of the municipalities of the Moscow region, the development of recommendations on the legal support of their activities under the Council, created the Coordination Council of the heads of representative bodies of municipalities of the Moscow region.
The Council also created, designed to assist in resolving disputes arising between the municipalities of the Moscow region. This activity is carried out by the Commission on the settlement of disputes between the municipalities of the Moscow Region and the Arbitration Court.
The priority areas of the Council of Municipal Education of the Moscow Region are:
- Providing legal and methodological assistance to local governments in the implementation of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation".
- Participation in resolving disputes between municipal members of the Moscow region.
- Participation in the creation and development of the training and retraining system for municipal Service, deputies and elected officials of local self-government.
- Interaction with federal state authorities, state authorities of the Moscow region and state authorities of the constituent entities of the Russian Federation.
- Interaction with public organizations (associations), the implementation of international contacts and connections on local government.
The most important direction of the Council's activities is the implementation of the right of legislative initiative in the Moscow Regional Duma. Such a right, in addition to the Council of Municipal Education of the Moscow Region, have several more regional associations of municipalities (in particular, the Republic of Mordovia, Perm region, Kaliningrad, Kaluga and Kemerovo region).
During 2007-2014. The law of the Legislative Initiative of the Council in the Moscow Regional Duma was used 65 times. The 44 draft federal and 21 draft regional laws affecting local government issues have been developed. Of these, 6 federal and 5 regional laws were adopted. At the consideration stage there are 27 bills (24 Draft federal and 3 draft regional laws).
One of the forms of the Council of Legal and Methodical Support to local governments is the development of typical municipal legal acts, model charters, methodical recommendations on the implementation of the 131st Federal Law. For seven years, 39 such documents were developed, which are regularly sent to the leaders of local governments.
The priorities of the Council also include participation in the training and retraining programs of the Moscow Region. This direction includes participation in the formation of the reserve of the management personnel of the Moscow region. The decision of the Commission on the Formation and Preparation of the Reserve of Management Personnels of the Moscow Region dated November 25, 2005, the Council of Municipalities is entrusted with the authority to form a reserve for replacing the posts of heads of administrations of municipalities.
In order to promote an increase in the prestige of the municipal service, work in local governments, the bodies of territorial public self-government in 2008-2009. The competition "The Best Municipal Officer of the Moscow Region" was held, since 2010 - the competition "The Best Specialist in the Sphere of Local Government of the Moscow Region".
Competition is held on nominations:
- the best specialist in the field of economics and finance;
- the best specialist in the social sphere;
- the best deputy of the representative body of the municipality;
- the best leader of the body of territorial public self-government;
- the best specialist in the field of organizational, legal and personnel support of the activities of local governments;
- the best specialist in the field of information support of local government bodies;
- the best specialist in the field of urban planning, architecture, land use and construction;
- the best specialist in the field of communal services.
In 2009, the Council was also signed, and in 2012 a tripartite agreement was prolonged with the Regional Association of Trade Unions and the Regional Association of Industrialists and Entrepreneurs. This Agreement It is aimed at raising the living standards of workers and their families, reliable social protection, increased payment and improvement of working conditions, employment, softening the labor market in the financial crisis, the further development of social partnership between local governments, associations of employers and trade unions.
In 2012, the Council concluded an agreement on cooperation with management Federal Service state registration, Cadastre and cartography in the Moscow region. It provides interaction on state registration of rights to real estate and transactions with it, cadastral assessment real Estate and state land control In the Moscow region, as well as on the implementation of local self-government in the territory of the Moscow region.
In 2012, Chairman of the Council A.N. Baranov and President of the Chamber of Commerce and Industry of the Moscow Region S.D. Advisors signed an agreement on cooperation between the organizations headed by them. It is aimed at developing small and medium-sized businesses in the municipalities of the Moscow region. Cooperation involves working together on the creation of commercial and industrial chambers and public support funds, as well as the development of regional and federal levels, legal acts of the municipal level, which concern the development of entrepreneurship and taxation of small and medium-sized businesses.
In 2013, an agreement was signed on cooperation between the Council and the Main Directorate of the Emergencies Ministry of Russia in the Moscow Region. The cooperation agreement affects issues civil Defense, warnings and liquidation emergency situations Natural I. technogenic characterSecure fire safety and the safety of people in water bodies. The agreement creates the conditions for improving the regulatory framework of municipal civil defense entities and the most effective implementation of powers assigned to local governments, and also contributes to the elimination of redundant administrative barriers at state control For the activities of local governments.
Also in 2013, an agreement was signed on cooperation with the Council of Municipal Education of the city of Moscow. Within the framework of the agreement, the Councils of Municipalities are engaged in the development of typical municipal legal acts, model charters, methodological recommendations for the implementation of Federal Law No. 131 "On the General Principles of Local Self-Government Organization in the Russian Federation", other federal laws in the field of local self-government.
In 2014, Chairman of the Council V.I. Shuvalov signed an agreement on cooperation with authorized to protect the rights of entrepreneurs of the Moscow region V.A. Head. The agreement is aimed at ensuring the guarantees of state protection of the rights of entrepreneurs, their observance government agencies, local governments, officials.
In addition, in 2014, the Council of Municipalities of the Moscow Region signed an agreement on cooperation with the regional offices of the All-Russian Council of Local Self-Government (VSMS) and "Business Russia".
Topic 15. Association of Municipal Education as a form of inter-municipal cooperation
To improve the effectiveness of the activities of local governments, coordination and association of efforts in solving joint problems, municipalities have the right to create associations in the form associationsor unions.Accordingly, municipalities independently consider and decide on the need to combine each other and on the forms of this union.
Currently, several types of associations of municipalities are operating in the Russian Federation:
but) all-Russian Unions(for example, the Union of Russian Cities, the Union of Small Cities of Russia);
b) interregional associations(Association of Siberian and Far Eastern Cities, Association of Cities of the South of Russia, etc.);
in) regional centers(Association of cities of the Irkutsk Region, Association of Cities of the Leningrad Region, etc.);
d) specialized Associations(Association of closed administrative-territorial formations of the Ministry of Defense of Russia, etc.).
According to Art. 66 of the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" (hereinafter referred to as the Local Government Act 2003) in each subject of the Russian Federation formed council of municipalities.The organization and activities of the Councils of Municipal Education Subjects of the Russian Federation will be carried out in accordance with the requirements of the Federal Law of January 12, 1996 No. 7-FZ "On Non-Profit Organizations" (hereinafter - the Law on Non-Profit Organizations). In accordance with these law, the registration of the Councils of Municipalities will be made by the authorities of the Justice of the Directory of the Russian Federation. The status and powers of the associations of municipalities will be determined by the constituent documents (for example, the charters of the Councils of Municipal Education), the advice of municipalities will not be able to independently expand their competence or receive powers from local governments.
The Law on Local Self-Government 2003 (Art. 66) determines the competence congresscouncil of Municipal Education Subject of the Russian Federation. As the highest governing body, he: 1) approves the Charter of the Council of Municipal Education of the Subject of the Russian Federation; 2) determines the size and procedure for paying membership contributions to the activities of the Council of Municipal Education of the Directory of the Russian Federation and the content of the management bodies of the Council of Municipal Education; 3) elects the management bodies of the Council of Municipal Education of the Subject of the Russian Federation; 4) carries out other powers defined by the Charter of the Council of Municipal Education of the Subject of the Russian Federation.
The Council of Municipalities is not entitled to interfere in the activities of municipalities and limit it. The Council of Municipalities is intended to carry out inter-municipal cooperation in the territory of the Directory of the Russian Federation, to submit and protect the interests of municipal entities in the state authorities of the subject of the Russian Federation, to participate in the bill work at the regional level, to organize joint economic activities, share experience and information, participate in the implementation of regional programs and T . P.
According to the Local Self-Government Act 2003 (Article 67) at the All-Russian Level, the Councils of Municipal Education Subjects of the Russian Federation will be able to form a single all-Russian association of municipalities. Unlike the existing manifold of associations and all-Russian and interregional unions and interregional nature, it is planned to create a single all-Russian association. This union will be competent if the advice of municipal formations will include at least / 3 subjects of the Russian Federation.
The Law on Local Self-Government 2003 (Art. 67) defines the fundamentally new competence of the All-Russian Association of Municipalities, in particular it is entitled to submit proposals on the composition of candidates for representatives of the Russian Federation in the House of Local Authorities of the Congress of Local and Regional Authorities of Europe (CMRV).
The Congress of the local and regional authorities of Europe as the advisory body of the Council of Europe, representing local and regional authorities, was created in 1994. The main objectives of KMB will be as follows:
1) ensuring the participation of local and regional authorities in the implementation of the ideal of European unity, as well as representation and active involvement in the work of the Council of Europe;
2) providing the Cabinet of Ministers of proposals aimed at developing local and regional legislation;
3) the development of cooperation between local and regional authorities;
4) maintaining in its competence of contacts with international organizations within the framework of the general policy of external relations of the Council of Europe;
5) Work in close cooperation with the national democratic associations of local and regional authorities, on the one hand, and with European organizations representing local and regional authorities of the Council of Europe member states, on the other hand.
KMBW holds current work in five committees: Committee on social politics, Culture and Education Committee, Sustainable Development Committee, Institutional Committee, Permanent Committee. The main form of KMBV activities are annual plenary sessions held in Strasbourg, which take part national delegations of the Council of Europe Member States.
Russia takes part in the CMRV session since 1996, since its entry into the Council of Europe. At the Congress, the Russian Federation represents 36 people: nine representatives - in the ward of local authorities and nine - in the House of Regions, as well as nine deputies in each of the chambers. The procedure for submitting candidates for representatives of the Russian Federation in the House of Local Authorities is determined by the Decree of the President of the Russian Federation, and the Numerical Composition was enshrined by the President of the Russian Federation of May 22, 2006 No. 227-RP "On approval of the composition of the delegation of the Russian Federation to participate in the Congress of Local and Regional The authorities of Europe in 2006-2008. "
The Unified All-Russian Association of Municipalities is designed to promote the development of inter-municipal cooperation, and, accordingly, it is not entitled to interfere, limit and control the activities of municipalities and their associations. The ban on the intervention of the All-Russian Association of Municipalities into the activities of municipalities and their councils, associations and unions is designed to ensure the principle of independence of local self-government in the Russian Federation.
Representative bodies of local self-government can also create inter-municipal economic societies and non-commercial organizations of municipalities in the form of autonomous non-profit organizations and foundations (Article 68, 69 of the Law on Local Self-Government 2003).
According to the Law on Non-Profit Organizations under non-Profit Organizationit is understood by an organization that has not been making a profit as the main goal of its activities and not distributing the profit between the participants. Autonomous non-profit organizationthe above law determines as non-commercial organization that has no membership established on the basis of voluntary property contributions in order to provide services in the field of education, health, culture, science, rights, physical culture and sports and other services. The creation of the Fund also pursues social, charitable, cultural and other socially useful goals.
The creation of a non-profit organization is carried out by decision of the founders (in this case of representative bodies of local self-government). A non-profit organization is considered to be created only since its registration in the relevant authorities. The Law on Non-Profit Organizations (Art. 14) contains a list of constituent documents (Charter, Constituent Agreement, the decision to create a non-commercial organization) that must be registered in the Justice bodies. In the constituent documents of a non-profit organization should be determined: 1) the name of a non-profit organization containing an indication of its nature and legal form; 2) the location of the non-commercial organization; 3) the procedure for managing activities; 4) the object and objectives of the activity; 5) information about branches and offices; 6) the rights and obligations of members; 7) the conditions and procedure for admission to members of a non-commercial organization and exit from it (in case a non-profit organization has membership); 8) sources of property formation; 9) the procedure for making changes to the constituent documents; 10) The procedure for the use of property in the event of the liquidation of a non-profit organization, etc. The Charter of the Foundation additionally must contain a name that includes the word "fund".
And an autonomous non-profit organization, and the Foundation has the right to carry out entrepreneurial activities corresponding to the specified goals. The Federal Law "On Non-Profit Organizations" as funds of non-profit organizations provides: 1) regular and one-time revenues from the founders; 2) voluntary property contributions and donations; 3) revenue from the sale of goods, works and services; 4) dividends received on stocks, bonds and others securities; 5) revenues derived from the property of a non-commercial organization; 6) Other adventures not prohibited by law.
The highest governing body of the non-profit organization is the general meeting of members with exceptional competence (for example, adoption and change of the Charter of the Organization; Determination of priority activities; Education of executive bodies; creation of branches and representative offices; approval of the financial plan, annual report and balance sheet; participation in other Organizations; Reorganization and liquidation of the organization). The current management of the non-profit organization is carried out by the executive body (collegial or sole), and the control of entrepreneurial activities is the Audit Commission. In the event of the elimination of a non-profit organization, a liquidation commission is created.
The elimination of a non-profit organization is carried out by solving / 3 members of the General Assembly (Samorem) and by decision of the relevant court. In accordance with the law on non-profit organizations, in the event of a non-profit organization, more than two warnings about the violation of the Russian Federation's legislation by the regulatory authority, a non-profit organization may be eliminated by the court decision.
According to Art. 119. Civil Code RF Non-Profit Organization (in this case, the Fund) is eliminated in judicial order In the following cases: 1) If the property of the Fund is not enough to carry out its goals and the likelihood of obtaining the necessary property is unrealistic; 2) if the objectives of the foundation can not be achieved, and the necessary changes in the objectives of the Foundation cannot be produced; 3) in the event of evasion of the Fund in its activities from the objectives provided for by the Charter; 4) in other cases provided by law.
Local Government Act 2003 for the first time on federal level Takes an attempt to streamline and systematization of the spontaneously established for the present time of various associations and unions of local authorities. The federal legislator conducts a consistent separation of associations of municipalities in power levels and gives a classification for the forms of economic activities of inter-municipal societies. The legal regulation of issues of the creation and activities of the associations of municipalities will allow in practice to more effectively carry out inter-municipal cooperation.
| " |
Approximate list of questions for the exam on discipline
"Municipal Rights of Russia"
1. The concept of municipal law. Features of self-governing (municipal) relations as the subject of municipal law.
2. Municipal legal standards and institutions; System of municipal law.
3. Communication of municipal law with constitutional, administrative, civil and other branches of law.
4. Sources of municipal law, their overall characteristics and features.
5. Municipal law as a comprehensive scientific discipline. His place in the system of public and right sciences.
6. The concept and essence of local self-government.
7. Local self-government in the system of democracy: local self-government and state power.
8. Basic principles of local self-government as an expression of the power of the people.
9. The system of local self-government, the diversity of its organizational forms.
10. The main theories of local self-government and their embodiment.
11. The history of the formation and development of local self-government in Russia. Zemstvo and urban self-government in pre-revolutionary Russia.
12. Features of the organization of local authorities in the Soviet period.
13. The main content and directions for the implementation of the reform of local self-government at the present stage.
14. The importance of the Constitution of the Russian Federation for the development of local self-government and the formation of the municipal law as a new branch of law of Russia.
15. European Charter of local self-government, its importance for municipal construction in the Russian Federation.
16. Federal Law "On the General Principles of Local Self-Government Organization in the Russian Federation" - its overall characteristics and main provisions.
The rights of citizens of the Russian Federation to carry out local self-government.
Municipal legal acts.
Intermunicipal cooperation.
20. Charter of the municipality: content, procedure for developing, adopting and registering.
21. Municipal Education: Concept and Composite Elements.
22. Territorial foundations of local self-government, borders and composition of the territory of the municipality, the procedure for changing borders.
23. Local governments.
24. Powers of local self-government in the field of planning and financial activities.
25. Local government powers in the field social protection population.
26. Implementation of local government powers in ensuring the legality and protection of public order.
27. Powers of local self-government in the field of municipal property management and local economic development.
28. Powers of local self-government in the socio-cultural sphere.
29. Powers of federal state authorities in the field of local self-government.
30. Powers of state authorities of the constituent entities of the Russian Federation in the field of local self-government.
31. Remuneration of powers of state authorities and local self-government.
32. Legal basis interaction and mutual delegation of powers of local governments and state authorities.
33. Guarantees of local self-government in the field of its relationship with state authorities.
34. The concept and structure of the economic basis of local self-government.
35. Municipal property In the economic basis of local self-government: its objects, ways to form municipal property.
36. The procedure for the creation of municipal enterprises and institutions, their reorganization and liquidation.
Ownership, use and disposal of municipal property.
38. Financial base of local self-government.
39. Local budget, development procedure, approval and execution.
40. The place and role of direct willing of the population in the system of local self-government.
41. Local referendum. Referendum. Legal force Decisions made by holding a referendum.
42. Municipal elections, their legal regulation.
Voting on the review of the deputy, a member of the elected body of local self-government, the elected official of local self-government, voting on the changes of the borders of the municipality, transformation of the municipality.
44. The gatherings of citizens, the procedure for holding, powers.
45. Territorial public self-government.
46. \u200b\u200bPeople's lawcraft initiative. Public hearings.
47. Consulting citizens to local governments.
48. The concept of local self-government body, their system.
49. Representative bodies of local self-government, the order of their formation.
50. Exceptional powers of representative bodies of local self-government.
51. Acts of representative bodies of local self-government: the procedure for the development, adoption, publication and entry into force.
52. The status of a deputy, a member of the elected body of local self-government, the elected official of local self-government.
53. The internal structure of the representative body of local self-government.
54. The head of the municipality, the features of the order of its election and legal status In various systems of local self-government.
55. The powers of the head of the municipality, its interaction with the representative body.
56. The administration of the municipality is an executive and administrative body of local self-government, its powers and activities.
57. Acts of the head of the administration, their types and features of the legal nature.
58. Assembly municipality.
59. Municipal service in local governments. The concept of a municipal service.
60. Rights and obligations of the municipal employee; Restrictions related to the municipal service.
61. The obligation of legal acts of local self-government, responsibility for their implementation.
Tips of the municipalities of the constituent entities of the Russian Federation.
63. The responsibility of representative bodies, local administration and officials of local self-government before the population.
According to Art. 66 of the Federal Law No. 131-FZ in each subject of the Russian Federation formed the Council of Municipal Education of the Directory of the Russian Federation. The organization and activities of the Councils of Municipal Education Subjects of the Russian Federation are carried out in accordance with the requirements of the Federal Law "On Non-Profit Organizations" applied to associations. The Council of Municipal Education Subject of the Russian Federation is not entitled to interfere in the activities of municipalities, limit it.
It should be noted that regional associations, advice or unions of municipalities were created in a number of subjects of the Russian Federation, and mainly the advice of municipalities of these subjects of the Russian Federation were created by transformation or reorganization.
For example, in the Irkutsk region in April 1996, the Non-Profit Public Organization "Association of Mayors of Cities and Districts of the Irkutsk Region", the founders of which were 12 mayors of cities and regions of the Irkutsk Region, was registered in the Irkutsk Region. In March 2003, a non-profit organization was registered "Association of Municipal Education of the Irkutsk Region",created as a result of transformation of the non-profit public organization "Association of mayors of cities and regions of the Irkutsk region". The converted association included all 37 municipalities of the Irkutsk region. In October 2006 on general meeting Associations in its charter were added additions and the Association acquired the status of the Council of Municipal Education of the Irkutsk Region. "As of January 1, 2009, members of the non-profit organization" Association of Municipal Education of the Irkutsk Region "are: 9 out of 9 urban districts, 33 of 33 municipal districts, 51 of 67 urban settlements and 270 of 365 rural settlements Irkutsk region. A total of 333 of 475 municipalities. "
If there was not a single regional organization of municipalities in the subject of the Russian Federation, it was created in accordance with the requirements of Federal Law No. 131-FZ, according to Part 2 of Art. 66 of which the congress (meeting of members) of the Council of Municipal Education of the Subject of the Russian Federation:
- 1) approves the Charter of the Council of Municipal Education Subject of the Russian Federation;
- 2) determines the size and procedure for paying membership contributions to the activities of the Council of Municipal Education of the Directory of the Russian Federation and the content of the management bodies of the Council of Municipal Education;
- 3) elects the management bodies of the Council of Municipal Education of the Subject of the Russian Federation;
- 4) carries out other powers defined by the Charter of the Council of Municipal Education of the Subject of the Russian Federation.
Council of Municipal Education of the Moscow Regionwas
created on May 26, 2006 at the constituent congress, which was held in the city of Ramenskoye. A member of the Council may be any municipality of the Moscow region regardless of its status. The Council of Municipalities of the Moscow Region was created in order to:
- - representations of the common interests of the municipalities of the Moscow region, ensuring the effective interaction of local governments with the federal state authorities and the state authorities of the subjects of the Russian Federation;
- - organizing the interaction of local governments, the protection of the rights and common interests of municipalities, which are members of the Council, as well as ensuring the coordination of the activities of the Council's members of the financial and economic, legal, organizational, territorial basis of local self-government;
- - promoting the realization of citizens' rights to local self-government;
- - Organization of cooperation with international and foreign organizations, including with the associations of municipal formations of foreign countries.
The main activities of the Council include:
- - provision of legal and methodological assistance to local governments in the implementation of the Federal Law No. 131-FZ in the Moscow region;
- - development of methodological materials and model municipal legal acts;
- - monitoring of the implementation of Federal Law No. 131-FZ;
- - development of projects of regulatory legal acts, conducting legal expertise projects of regulatory legal acts in the field of local self-government;
- - Conducting seminars, conferences, round tables, training managers and specialists of local governments;
- - Preparation of information materials on the activities of the Council and its members for the media.
Based on Art. 67 Federal Law No. 131-FZ Tips of Municipal Education Subjects of the Russian Federation may form a single all-Russian association of municipalities. The Unified All-Russian Association of Municipalities is considered to be created under the condition if it consists of advice of municipal formations of at least two thirds of the subjects of the Russian Federation. The Unified All-Russian Association of Municipalities may include other associations of municipalities. The Unified All-Russian Association of Municipalities in the manner determined by the President of the Russian Federation presents proposals on the composition of candidates for representatives of the Russian Federation in the House of Local Authorities of the Congress of Local and Regional Authorities of the Council of Europe and on the composition of candidates for the delegation of the Russian Federation to participate in Congress. The Unified All-Russian Association of Municipalities is not entitled to interfere in the activities of municipalities, the Councils of Municipal Education of the Subjects of the Russian Federation, other associations of municipalities, limit their activities.
All-Russian Congress of Municipal Educationestablished on July 7, 2006. In order to organize the interaction of municipalities, the councils of municipalities of the subjects of the Russian Federation, the expression and protection of the common interests of the municipalities of the Russian Federation, including in order to submit the specified interests in the federal bodies of state authorities and the organization of cooperation of the municipalities of the Russian Federation with international organizations and foreign legal entities 1.
Congress members are 80 councils of municipalities of the constituent entities of the Russian Federation, which unite about 92% of Russia's municipalities. The main activities of the Congress are:
- - monitoring federal legislation in terms of tracking the interests of local self-government;
- - participation in federal lawmaking and legislative processes;
- - organization of interaction with the federal state authorities on the presentation of the interests of local self-government;
- - Advisory and methodological and organizational promotion of the activities of the Councils of Municipal Education of the Subjects of the Russian Federation, ensuring their interaction with the state authorities of the constituent entities of the Russian Federation;
- - Promoting the creation of a personnel training system for local governments. Congress initiated the creation of the All-Russian Council of the municipal service, uniting representatives of federal bodies executive power, executive bodies of state authorities of the constituent entities of the Russian Federation, the Councils of the municipalities of the subjects of the Russian Federation and educational institutionscarrying out the preparation of municipal employees;
- - formation of the informational presence of local governments in the media, including on the Internet;
- - Implementation of international activities in the prescribed manner.
At the same time, other associations, unions of municipalities or local governments, created at different times, continue to actively act. We give examples.
Union of Russian cities(CRG) - the All-Russian Organization, established in 1991 on the basis of the Resolution of the Presidium of the Supreme Council of the RSFSR of April 22, 1991 No. 1052-1 and the orders of the Council of Ministers of the RSFSR of May 20, 1991 No. 488-p for submission at the federal level of interest urban municipalities.
The Union was created to promote the formation and development of local governments in the city municipalities of the Russian Federation, creating conditions for the effective implementation of the legislation on local self-government, the effective implementation of local government powers, coordinating the activities of urban municipalities in various areas of activity, representation and protection of rights and interests urban municipalities, ensuring interaction with federal government bodies and state authorities of the constituent entities of the Russian Federation. The main tasks of the SRH are:
- - organization of interaction of urban municipalities on issues affecting the interests of local self-government;
- - promoting the implementation of projects in municipalities - members of the SRS projects, ensuring effective performance by local self-government authorities;
- - Creation of conditions for the effective work of representatives of municipalities - members of the SRH in Moscow.
The Union was created in the form of the Association and unites more than 90 large and medium-sized cities of the Russian Federation with a total population of about 50 million people.
In July 2006, the CRG became a base for creating new organization - All-Russian Congress of Municipal Education. By the beginning of 2007, the interest of cities to the Union practically disappeared. In January 2008, a meeting of the Management Board of the SRG was held in Yekaterinburg, at which members of the Board of the Union (managers of the country's largest cities, heads of interregional associations) noted the essential role of the SRH in the formation of a dialogue between regional and federal power. They discussed the practice of expressing a collegial opinion.
Association of Siberian and Far Eastern Cities(ASDG) - Voluntary Interregional Association of Economic Interaction of Siberia Cities and Far East . Currently, the members of the ASDG are 70 municipalities of three types (urban districts, urban settlements, municipal regions) with a total population of more than 14 million people.
The decision to create ASDG (earlier - the Association of Siberian Cities (ASG)) was adopted at the Siberian Soviet and Economic Heads of the Siberian Cities "Interaction of Territorial and Offices in the Development of Social Sphere" on October 28-30, 1986 in the village of Latvyanka Irkutsk Region At the proposal of employees of the Institute of Economics and the Organization of Industrial Production of the Siberian Branch of the USSR Academy of Sciences as a section of the Siberian branch of the Soviet Sociological Association.
The main tasks of ASDG from the moment of education to this day are to promote the socio-economic development of cities - members of the Association and the organization of urban self-government, as well as the protection of the rights and interests of cities in various authorities and management. The main priorities are formulated as follows:
- 1) in the field of socio-economic development of municipalities:
- - coordination of efforts in search of ways to improve the economic and social situation in municipalities;
- - assistance in the development and implementation of progressive technologies, equipment and methods of organizing labor in the life-support systems of municipalities;
- 2) in the field of local self-government and the protection of the interests of municipalities:
- - preparation of joint proposals to federal state authorities and subjects of the Russian Federation for draft laws and other regulations affecting the interests of local self-government;
- - Preparation of proposals and participation in the implementation of federal and interregional programs and projects state support local self-government;
- - information support of municipalities, creation information funds General use necessary for the organization of local self-government.
Municipalities of Siberia and the Far East can be members of the ASDG, as well as their associations recognizing the Charter of the Association and the paying membership fees. The representation of the municipalities - members of ASDG is carried out by local government bodies in the person of their leaders.
For ASDG, the main goal is to assist municipalities in developing effective management techniques.
Union of cities of the center and northwest of Russiacombines 26 cities with a total population of over 6 million people 1. The Union of Cities of the North-West of Russia was founded in 1990 in June 1990. In the city of Cherepovets, representatives of 12 cities "found it appropriate to combine the efforts of the cities of the North-Western RSFSR zone to jointly solve problems on the principles of equal and voluntary cooperation in political, socio-economic , environmental and other directions. " In July, at the same time at the meeting of Plenipotentiary Representatives, 14 cities of the North-West of Russia, the Union of Cities of the North-West of Russia was established, his charter was approved, the relevant declaration was adopted.
In connection with the creation federal districts and taking into account that 8 cities (from 26) are included in the Central Federal District, at the meeting of the Union of the Cities of the North-West Russia, held on July 12, 2001 in the city of Pskov, decided to expand the composition of the Union by combining the cities of the Central and North Western Federal Districts in the Association of Municipalities is the Union of Cities of the Center and North-West of Russia.
The main principle of work is to hold meetings, seminars, conferences, including absenteeism, experience, learning, analysis and comparison of the achievements of members of the Union, other associations and cities of Russia, as well as other countries in matters local government. Considerable attention is paid to information support for local governments.
The Union of Cities of the Center and North-West of Russia is widely represented in all governmental and non-governmental institutions related to local governments, and is one of the founders of the Union of Russian Cities and the All-Russian Congress of Municipal Educations.
Association of Small and Medium Cities of Russia- The voluntary association of municipalities of the Russian Federation, established on the initiative of the leaders of municipalities in September 2000. 1 The purpose of creating an association is to promote the development of local self-government as a political institution and the basis of the civil society of Russia. The Association of Small and Medium Cities of Russia is a non-commercial organization in the form of the Association; Unites urban districts, urban settlements, municipal regions with a population of up to 200 thousand. To date, more than 100 municipalities are in the association. Interest among mayors to the activities of the Association is, its ranks are constantly growing. Association of small and medium cities of Russia:
- - represents the interests of local governments - members of the Association in relations with state authorities;
- - takes part and affects the formation of the Russian legislative basebelonging to the field of activities of local governments;
- - provides members of the association timely, high-quality and relevant information on social, economic and political topics;
- - ensures the interaction of heads of municipalities with government authorities;
- - collects, analyzes and distributes samples of the best municipal practice;
- - promotes the development of inter-municipal relations, and also provides interaction with other associations and unions of municipalities;
- - organizes and conducts federal seminars, All-Russian conferences for managers and specialists of municipalities and their administrations, managers and deputies of representative bodies of municipalities and their devices;
- - Exchange experience and promotes the development of inter-municipal relations;
- - Provides local governments, organizational, methodological and legal assistance, including carrying out legist protection interests of local governments;
- - contributes to the implementation of investment projects in municipalities;
- - promotes the activities of the Association in the media.
Association of rural settlements of the Russian Federationwas created on November 20-21, 2003 in the village of Monnorechye of the Orenburg district Orenburg region At the meeting of representatives of rural and settlement municipalities of the Russian Federation 1. The founders of the Association are: Association of Rural settlements Chelyabinsk region, Association of rural settlements of the Astrakhan region, rural settlements of the Orenburg region. Association of rural settlements of the Russian Federation has permanent business contacts with federal authorities, the All-Russian Congress of Municipal Educations, with Associations of other regions of Russia. A number of representatives are members of the Federal Councils on local self-government and members of various commissions on the development of the local local government in the Russian Federation. The Association of Rural Salaments of the Russian Federation provides methodological and consulting assistance to the local authorities of rural settlements, organizes inter-municipal cooperation, develops model acts for local governments, charters of municipalities.
All-Russian Council of Local Self-Government (VSMS) - the All-Russian Public Organization established in May 2006 1
The most important goals and objectives of the ASMS:
- - monitoring of local self-government reform in the Russian Federation;
- - Improving the system of local self-government in Russia;
- - involvement of the municipal community in the process of making key decisions relating to the development of local self-government and the country as a whole;
- - organization of training and consulting and methodological support for representatives of local governments;
- - Organization social projects On the territory of the municipalities of the Russian Federation.
Members of the SSMR are individuals: Representatives of local governments and deputies of regional legislative Assembly, deputies State Duma, Senators, representatives of public organizations. To date, regional bonds of the SMS are created in 76 regions of Russia.
At the IUSMS, the club of Mayors of Russia, which unites the leaders of regional centers, the head of the heads of municipalities, which includes the heads of urban and rural settlements, urban districts and municipal districts, as well as the club of municipal deputies. Clubs are expert councils reflecting the interests and point of view of various groups of the municipal community.
The most important direction of the work of the ASMR is to identify the best practices of the municipal administration and the organization of the exchange of experience between the heads of various municipalities. In 2008, the SMS has become an operator of annual competitions among municipalities held by the Ministry of Regional Development of Russia, during which the winners of 15 nominations were detected, including the best practices of local finance management, "Best Management Practice utilities"," The best practice decision social issues"," The best practice of support for small and medium-sized businesses "," The best practice of stimulating civil activity. "