Councils of municipalities of the constituent entities of the Russian Federation as public legal entities and institutions of local self-government. Councils of municipalities of the constituent entities of the Russian Federation Council of municipalities is formed
Grigory Andreevich SHAMIN, Chairman of the Council municipalities Tomsk region, mayor of ZATO Seversk - chairman of the Duma of ZATO Seversk: federal legislator, setting the framework for functioning local government in Russia, tried to combine the incompatible. Associations of municipalities should be created in the regions, but on the basis of voluntary participation in them. This is a forced friendship. However, after seven years of work of the Association “Council of Municipal Formations of the Tomsk Region”, we can safely say: this is not about us.
Unbreakable rules
From the first days of the existence of the Council of Municipal Formations of the Tomsk Region (hereinafter referred to as the Council), the main principles were defined, which all its members strictly adhere to to this day:
The Council of Municipalities is an association of equal, independent and independent municipalities, each of which has equal right influence the Council’s decision-making and propose their initiatives for consideration;
The council of municipalities does not influence the resolution of issues local significance in specific territories. We are building modern, efficient systems communications between local self-government bodies of the region among themselves, with colleagues from neighboring regions, bodies state power. Our goal is to create mechanisms for quickly finding solutions;
Participation in the Council is purely voluntary, but it is beneficial for each municipality. Here a space is created for the implementation of a number of opportunities: training, receiving professional legal, methodological, information support, forming a positive image of the territory, promoting legislative initiatives.
The areas of work arise from the needs of each day. For example, in 2006 it was important to form regulatory framework settlements. Then we defended the right of municipalities to adequate financial filling of budgets when vesting local self-government bodies with certain state powers. Today's agenda is promotion vocational training municipal managers and strengthening stability municipal service. The three pillars on which our association stands when planning its annual activities are relevance, timeliness and novelty.
There is safety in numbers
The modern institution of Russian local self-government is still very young. Just now, on October 6 of this year, ten years have passed since the adoption of Federal Law No. 131-FZ “On general principles organization of local self-government in the Russian Federation". The period for its implementation throughout Russia is even shorter - only five years.
The Tomsk region was one of the first to begin building a system of local self-government according to new rules. No formats for interaction between associations of municipalities and government bodies were specified. Everything had to be debugged, as they say today, manually. In 2007, the regulations of the administration of the Tomsk region established that all bills affecting the interests of municipalities or local governments must undergo examination by the Council of Municipal Entities of the subject. Adopted in 2009 special law“On the interaction of public authorities of the Tomsk region with the Association “Council of Municipal Formations of the Tomsk Region”. This year our association has been granted the right legislative initiative in the regional parliament. We have taken a strong place in the regional legislative process. Over the nine months of this year, 45 regional bills were examined by the Council. A study of law enforcement practices and problems was conducted in 23 areas.
And the final conclusion of the Council always expresses the consolidated opinion of the municipal community of the region. In our opinion, this is very important. It is the consolidation of opinions, the identification and protection of common interests that is the starting point of any of our work.
For example, ensuring a unified methodology and regulations for the provision of services by local self-government bodies under delegated state powers. After all government powers throughout the entire territory of the subject must be carried out according to the same rules. We announced this at the VIII Congress of the Council of Municipal Formations of the Tomsk Region. The first result has already been obtained - in regional legislation, the obligation to develop such administrative regulations is assigned to public authorities of the Tomsk region.
Study, study and study again
The manager-manager is a key figure for local self-government today. Instead of a simple executor of orders issued “from above,” the leadership of a municipality needs a strategist, a person capable of thinking comprehensively and for the future. For several years, the Council of Municipalities of the Tomsk Region has been implementing the project “Municipal Manager. New experience - new opportunities." Its task is to teach local government leaders to find currently relevant methods and approaches to solving problems, and to rise above the routine of daily worries. 2013 was a year of intensive training and exchange of experience among managers and specialists of local self-government bodies. As seminar presenters, training moderators and round tables Representatives of various fields and professions are invited to the Council: municipal employees, employees of regulatory authorities, university teachers, businessmen. For example, municipalities that successfully passed state inspection on the protection of personal data, helped their colleagues prepare for it. A university associate professor and a practicing psychologist spoke about the rules and subtleties of business communication and public speaking, and regional media journalists spoke about the formation of a leader’s image through the media. Here are just some of the topics of training seminars and round tables that were organized by the association this year:
“The practice of implementing legislation on administrative offenses in the Tomsk region";
“Organization of municipal land control”;
“Public services of the Federal Cadastral Chamber”;
“Organization and implementation of major repairs apartment buildings»;
“Organization of activities of representative bodies of rural settlements”;
“Project activities in the field of culture and tourism”;
“Placing a municipal order for major renovation, reconstruction and design";
« Contract system in the field of procurement of goods, works, services to provide government and municipal needs»;
“Control over the activities of local self-government bodies in accordance with antimonopoly legislation.”
In total, more than 1,200 specialists from local self-government bodies of the Tomsk region took part in the training events organized by the Council in 2013. It is worth noting that the most effective and popular form of exchange of knowledge and experience continues to be the format of on-site seminars and internships organized by the Council of Municipal Formations of the Tomsk Region.
Members of the association took a position of “openness to the neighbor.” This work is based on a simple principle: “it’s better to see once.” And it’s even better to ask all the questions, even the most inconvenient ones. There are no secrets, only tips. On the other hand, who is more likely to kindly point out shortcomings than colleagues?
It is especially worth talking about the new approaches that we use in our work. The Council received a great positive effect from the use of forms characteristic of business rather than of the conservative bureaucratic sphere. We tested team building technologies, which clearly showed that some heads of municipalities need to learn to trust their team. At psychological trainings, municipalities acquired public speaking skills, learned to extinguish aggressive attacks from the audience, and answer tricky questions at meetings.
Another important task that the Tomsk Council solves is helping the territories form their positive image. The information field exists on its own, and it is in our power to fill it good news. And this is, first of all, everyday work - buying a new tractor, repairing the road, creating new places in kindergarten, victory of residents in various competitions. Moreover, every municipality has at its disposal such a wonderful tool as the official website.
A whole series of seminars and trainings were devoted to how to make the websites of municipalities useful and interesting, and the news good. An additional incentive to improve the quality of official Internet resources of local authorities was the competition for the best website, which the Council has been holding for the fourth year. And it is worth noting that from year to year the quality of the official websites of local self-government bodies is improving. In turn, we are trying to make the website of the Council of Municipal Formations of the Tomsk Region operational and useful for all municipalities in the region. A municipal news feed has been created on our resource. Now you can find out how not only the association lives, but also every municipal entity in our region.
Innovations in municipal government
If anyone thinks that there can be no innovation in rural areas and in government, they are deeply mistaken. After all, innovation in world practice is not only technical progress, but also, first of all, ideological progress. In order to direct local self-government bodies of the region and heads of municipalities to search for new management solutions, our Council organized the “Innovations in Municipal Management” competition, which has already been held twice. One of essential conditions In the evaluation of competitive works, it was mandatory to have a socio-economic effect from the implementation of the project.
In their applications, participants described a variety of management solutions. The implemented project for organizing video broadcasts of open meetings of a representative body was sent to a competition by the Duma of the city of Tomsk. The administration of the Kozhevnikovsky district brought to the attention of colleagues management decision to organize mutual inspections among residents of the settlements of the region as an additional motivation for organizing the improvement of the territory.
The Molchanovsky rural settlement was awarded first place for a project to develop a system of self-government for multi-apartment residential buildings.
Introduction of electronic technologies into practice municipal government demonstrated by the administration of the urban district of ZATO Seversk, where it was created Electronic archive technical and design documentation, and the administration of Kozhevnikovsky rural settlement, where they used to inform the population modern means visualization (plasma panels and LCD monitors).
The evaluation of the competition materials was carried out by independent experts, whose roles were colleagues from those municipalities that did not participate in the competitions. Victory in this competition is especially valuable, since you were recognized as the best by your comrades.
Topic 15. Associations of municipalities as a form of intermunicipal cooperation
To increase the efficiency of local government bodies, coordinate and combine efforts in solving common problems, municipalities have the right to create associations in the form associations or unions. Accordingly, municipalities independently consider and decide the issue of the need to unite with each other and the forms of this association.
Currently, there are several types of municipal associations operating in the Russian Federation:
A) 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 Southern Russia, etc.);
V) regional centers(Association of Cities of the Irkutsk Region, Association of Cities Leningrad region and so on.);
G) specialized associations(Association of Closed Administrative-Territorial Entities of the Russian Ministry of Defense, etc.).
According to Art. 66 of the Federal Law of October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation” (hereinafter in this chapter - the Law on Local Self-Government of 2003) in each subject of the Russian Federation is formed council of municipalities. The organization and activities of councils of municipal entities of the constituent entities 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 referred to as the Law on Non-Profit Organizations). In accordance with the said Law, registration of municipal councils will be carried out by the justice authorities of the constituent entity of the Russian Federation. The status and powers of associations of municipalities will be determined by constituent documents (for example, charters of municipal councils); municipal councils will not be able to independently expand their competence or receive powers from local governments.
The Local Government Act 2003 (s. 66) defines the competence congress council of municipalities of a constituent entity of the Russian Federation. Like the highest governing body, he: 1) approves the charter of the council of municipalities of a constituent entity of the Russian Federation; 2) determines the amount and procedure for paying membership fees for the activities of the council of municipal formations of a constituent entity of the Russian Federation and the maintenance of the governing bodies of the council of municipal formations; 3) elects the governing bodies of the council of municipalities of the constituent entity of the Russian Federation; 4) exercises other powers determined by the charter of the council of municipal formations of a constituent entity of the Russian Federation.
The council of municipalities does not have the right to interfere in the activities of municipalities and limit them. The Council of Municipal Entities is called upon to carry out intermunicipal cooperation on the territory of a constituent entity of the Russian Federation, to represent and protect the interests of municipalities in the government bodies of a constituent entity of the Russian Federation, to participate in legislative work on regional level, organize joint economic activities, exchange experience and information, participate in the implementation of regional programs, etc.
According to the Law on Local Self-Government of 2003 (Article 67), at the all-Russian level, councils of municipalities of constituent entities of the Russian Federation will be able to form a single all-Russian association of municipalities. In contrast to the existing diversity of associations and unions of an all-Russian and interregional nature, it is planned to create a single all-Russian association. This association will be valid if it includes councils of municipalities of at least 1/3 of the constituent entities of the Russian Federation.
The Law on Local Self-Government of 2003 (Article 67) defines a fundamentally new competence of the All-Russian Association of Municipalities, in particular, it has the right to submit proposals for the composition of candidates for representatives of the Russian Federation in the Chamber of Local Authorities of the Congress of Local and Regional Authorities of Europe (CLRAE).
Congress of local and regional authorities Europe, as an advisory body of the Council of Europe representing local and regional authorities, was created in 1994. The main objectives of the CLRAE are as follows:
1) ensuring the participation of local and regional bodies authorities in implementing 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 with proposals aimed at developing local and regional legislation;
3) development of cooperation between local and regional authorities;
4) maintaining, in the area of their competence, 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 national democratic associations of local and regional authorities, on the one hand, and with European organizations representing local and regional authorities of member states of the Council of Europe, on the other hand.
KMRVE carries out ongoing work in five committees: the Social Policy Committee, the Culture and Education Committee, the Sustainable Development Committee, the Institutional Committee, and the Standing Committee. The main form of activity of the CLRAE is the annual plenary sessions held in Strasbourg, in which national delegations of the Council of Europe member states take part.
Russia has been participating in the sessions of the CLRAE since 1996, since its accession to the Council of Europe. The Russian Federation is represented at the Congress by 36 people: nine representatives in the Chamber of Local Authorities and nine in the Chamber of Regions, as well as nine deputies in each chamber. The procedure for presenting candidates for representatives of the Russian Federation in the Chamber local authorities is determined by the Decree of the President of the Russian Federation, and the numerical composition for two years is fixed by the order of the President of the Russian Federation dated 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 Authorities of Europe in 2006-2008.”
The unified all-Russian association of municipalities is designed to promote the development of intermunicipal cooperation, and, accordingly, it does not have the right to interfere, limit or control the activities of municipalities and their associations. The ban on interference by the all-Russian association of municipalities in the activities of municipalities and their councils, associations and unions is intended to ensure the principle of independence of local self-government in the Russian Federation.
Representative bodies of local self-government can also create intermunicipal business societies and non-profit organizations of municipalities in the form of autonomous non-profit organizations and funds (Articles 68, 69 of the Law on Local Self-Government of 2003).
According to the Law on Non-Profit Organizations under non-profit organization is understood as an organization that does not have profit as the main goal of its activities and does not distribute the profits received among participants. Autonomous non-profit organization The above law defines it as a non-profit organization that does not have membership, established on the basis of voluntary property contributions for the purpose of providing services in the field of education, health care, culture, science, law, physical culture and sports and other services. The creation of the fund also pursues social, charitable, cultural and other socially beneficial goals.
The creation of a non-profit organization is carried out by decision of the founders (in in this case representative bodies of local self-government). A non-profit organization is considered created only from the moment of its registration with the relevant authorities. The Law on Non-Profit Organizations (Article 14) contains a list constituent documents(charter, constituent agreement, decision to create a non-profit organization), which must be registered with the justice authorities. The constituent documents of a non-profit organization must define: 1) the name of the non-profit organization, containing an indication of the nature of its activities and legal form; 2) location of the non-profit organization; 3) the procedure for managing activities; 4) the subject and goals of the activity; 5) information about branches and representative offices; 6) rights and obligations of members; 7) conditions and procedure for admission to membership of a non-profit organization and withdrawal from it (if the non-profit organization has membership); 8) sources of formation of property; 9) the procedure for making changes to the constituent documents; 10) the procedure for using property in the event of liquidation of a non-profit organization, etc. The charter of the foundation must additionally contain a name that includes the word “fund”.
Both an autonomous non-profit organization and a foundation have the right to carry out business activities that correspond to the specified goals. Federal Law “On Non-Profit Organizations” as financial resources non-profit organizations provides for: 1) regular and one-time receipts from the founders; 2) voluntary property contributions and donations; 3) revenue from the sale of goods, works and services; 4) dividends received on shares, bonds and other securities; 5) income received from the property of a non-profit organization; 6) other receipts not prohibited by law.
The highest governing body of management of a non-profit organization is the general meeting of members, which has exclusive competence (for example, adoption and amendment of the organization’s charter; determination of priority areas of activity; formation 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 a non-profit organization is carried out by an executive body (collegial or individual), and control over business activities is carried out by an audit commission. In the event of liquidation of a non-profit organization, a liquidation commission is created.
Liquidation of a non-profit organization is carried out by decision of /3 members of the general meeting (self-dissolution) and by decision of the relevant court. In accordance with the Law on Non-Profit Organizations, if a non-profit organization is issued more than two warnings about violation of the legislation of the Russian Federation by a regulatory authority, the non-profit organization can be liquidated by a court decision.
According to Art. 119 Civil Code RF non-profit organization (in this case a foundation) is liquidated in judicial procedure in the following cases: 1) if the fund’s property is insufficient to achieve its goals and the likelihood of obtaining the necessary property is unrealistic; 2) if the goals of the fund cannot be achieved and the necessary changes to the goals of the fund cannot be made; 3) in case the foundation deviates in its activities from the goals provided for by the charter; 4) in other cases provided for by law.
The Law on Local Self-Government of 2003, for the first time at the federal level, attempts to streamline and systematize the various associations and unions of local authorities that have spontaneously formed to date. The federal legislator carries out a consistent division of associations of municipalities by levels of government and provides a classification according to the forms of economic activity of intermunicipal societies. Legal regulation of the issues of creation and activities of associations of municipalities will make it possible to more effectively implement intermunicipal cooperation in practice.
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The most important connecting link between the residents of a subject of the Federation is their common interests as a set of social needs, the satisfaction of which is aimed Team work public authorities. According to V.E. Chirkina, “...these regional common interests do not contradict the interests of the entire Federation; moreover, the foundations of the organization of regional collectives, the limits of their powers are determined by the power of the entire people, which is expressed in constitutions” 1. Sharing the indicated position, we will deepen it by following the example of Councils of municipal formations as a representative of the interests of municipal formations before the state authorities of the constituent entities of the Federation.
The common interests of residents of municipalities, subjects of the Federation - collective subjects, and the associations formed by them, according to the authors of the article, are to create additional guarantees implementation of individual rights and freedoms, in organizing their own state and municipal authorities allowing to expand the range of opportunities for citizen participation in the management of public and public affairs(democratization of the state through decentralization of power), in preserving the language, traditions and customs of indigenous ethnic communities, etc.
But the status of collective subjects, as an analysis of the legislation, including that on Councils of municipalities, shows, is not complete. However, this problem was identified by V.V. Komarova and in constitutional law in relation to collective subjects - public associations. Let us recall that the Councils of municipalities - public associations Therefore, the problems of collective subjects of constitutional law can be considered in relation to the subject of municipal legal relations studied by the authors.
It is quite obvious that the new subject of municipal legal relations - the Councils of municipalities of the subjects of the Federation - is the link between municipalities and the state power of the subjects of the Federation, and is especially important in the sphere of interaction with executive authorities. But, as an analysis of current legislation shows, interaction with executive bodies state power in the Councils of municipalities is minimized.
Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation” established by reference the powers of the Councils of municipalities - they must be enshrined in the charters of these associations.
Councils of municipal entities of the subjects, according to their charters, are created to organize the interaction of local self-government bodies of municipal entities to solve social, economic and other problems related to the implementation of local self-government, among themselves and with government bodies.
In addition, to support citizens’ initiatives in the field of local self-government, development civil society(Charter of the Council of Municipal Formations of the Republic of Mari El); assistance in organizing intermunicipal cooperation in solving issues of local importance, facilitating the solution of problems of specific members of the Association related to the common interests of members of the Association (Charter of the Association “Council of Municipal Formations of the Novgorod Region”); organization of interaction between local self-government bodies of municipalities to solve social, economic and other problems related to the implementation of local self-government, among themselves and with government bodies (Charter of the Association “Council of Municipalities of the Chelyabinsk Region”). In addition to the Councils of municipalities in the constituent entities of the Russian Federation, the interests of municipalities are represented by the Congress of Municipalities of the Russian Federation, the Union of Russian Cities, the Association of Cities of the South of Russia, the International Assembly of Capitals and Major Cities of the CIS Countries; representatives of the Russian Federation in the Chamber of Local and Regional Authorities of Europe.
The position of various associations of municipalities on key issues in the further development of local self-government, on specific issues, is always presented at meetings of the Council for Local Self-Government in the Russian Federation and the Council of Heads of Local Self-Government Bodies under the Government of the Russian Federation.
At the level of the subjects of the Federation, regulation of municipal councils is practically not found in constitutions and charters. Two subjects of the Federation have been identified that mention these associations in their charters: in the Charter of the Khabarovsk Territory (Article 55): “In order to implement inter-municipal cooperation in the south, coordinate the activities of municipalities, implement their rights and interests, and interact with government bodies, a council of municipalities is formed the edges. The council of municipalities of the region may exercise other powers determined by its charter”; in the Charter of the Tambov Region (Article 117): “In order to organize the interaction of local government bodies, expression and protection common interests municipalities in the region, a council of municipalities of the region is formed.”
The constituent entities of the Russian Federation have adopted the relevant laws provided for by the norms of the Federal Law “On General Principles of the Organization of Local Self-Government in the Russian Federation” and regulating mechanisms of interaction, powers of government bodies of the constituent entities of the Federation with councils (associations) of municipalities.
As a rule, the forms of interaction between government bodies of a constituent entity of the Russian Federation and the Council of Municipal Entities are: exchange of information on issues of local self-government; informing the Council about the preparation of draft regulatory legal acts in the field of local self-government; participation of representatives of the Council in the preparation and discussion of these projects in the manner prescribed by law; participation of representatives of the Council in meetings of government bodies of a constituent entity of the Russian Federation; participation of representatives of state authorities of the subject in the work of the Council; providing information and methodological assistance to the Council; obtaining from the Council the necessary materials and information on the activities of the Council; studying experience and collecting information on local government issues.
State authorities of the constituent entities, as a rule, consolidate their right, within the limits of their competence, to use forms of material and financial support for unions and associations of municipalities that are not prohibited by law.
Thus, the legal capabilities of municipal councils have been established to participate in the work of state authorities of the subject, fulfilling their statutory tasks. But we note: the division of general formulations into bodies of individual branches of government (the authors are interested in interaction with executive branch) there is no subject of the Federation in the legislation.
Meanwhile, this area is vital, in demand every day, and the lack of its regulation actually reduces to zero the inherent positive potential of this institution of civil society and its role in relations with public authorities. In addition, keeping in mind the representative essence of the Council of Municipal Formations, without going deeper, we note that legislators have passed over in silence the forms of interaction with the population of municipal formations.
The essence of the right of citizens to participate in local self-government includes, according to the authors, the right to participate in the Councils of municipalities. We justify the opinion expressed by the fact that this constitutional law, which has a complex nature, which is manifested in the implementation of at least two basic rights of citizens: to associate and to participate in the management of state affairs; this is one of the forms of realizing the right of citizens to local self-government; This is the collective right of residents of the municipality.
Today, more than ever, the interaction of different levels of public authority is important, and we share the existing point of view - Municipal Councils as an institution of civil society representing the interests of municipalities have not exhausted their potential today.
Zh. I. Hovsepyan
- " Doctor legal sciences, Professor. "* Postgraduate student at the Department of State and Legal Disciplines of the National Research Library.
The council of municipalities of a constituent entity of the Russian Federation is complex in its internal and organizational structure intermunicipal association. According to the previously existing regulations, councils of municipal formations of a constituent entity of the Russian Federation must be formed before June 1, 2006 in each constituent entity of the Federation. At the same time, the state authorities of the constituent entities of the Russian Federation were entrusted with the responsibility to ensure the holding of congresses of municipalities in order to create these councils. At present, the state authorities of the constituent entities of the Russian Federation are only obliged to facilitate the creation of councils of municipal formations of the constituent entities of the Russian Federation.
The organization and activities of councils of municipal entities of the constituent entities of the Russian Federation are carried out in accordance with the requirements of the Federal Law of October 6, 2003 and the Federal Law of January 12, 1996 “On Non-Profit Organizations”, applicable to associations. By virtue of these acts, the council of municipalities of a constituent entity of the Russian Federation, as a non-profit association, has a number of features. Firstly, this is an association not of legal entities, but of municipalities, on behalf of which their local government bodies or local government officials act in the council. Secondly, the purpose of the creation and activities of the council of municipalities of a constituent entity of the Russian Federation is to organize the interaction of local government bodies, express and protect the common interests of municipalities in given subject RF. Thirdly, the council of municipalities of a constituent entity of the Russian Federation is a legal entity, its members - municipalities - retain their independence.
The creation of such a council should be carried out by municipalities delegating their representatives to its congress or meetings of its members. As a rule, these are the heads of municipalities. Fourthly, the council of municipalities of a constituent entity of the Russian Federation is not responsible for the obligations of its members - municipalities; accordingly, the latter may bear subsidiary liability for the obligations of the council in the amount and in the manner provided for by its constituent documents. Fifthly, despite the voluntary nature of the creation of a council of municipalities of a constituent entity of the Russian Federation, it seems that municipalities do not have the right to secede from the council, since through such an association the public interests of the population of a particular municipality are realized. Sixth, the exclusion or inclusion of a municipal entity in the council of municipal entities of a constituent entity of the Russian Federation is carried out when transforming municipal entities on the territory of a constituent entity of the Russian Federation. Seventh, legal status Council of municipalities of a constituent entity of the Russian Federation is determined by its constituent documents, which should again, based on the meaning of the provisions of the Federal Law of October 6, 2003, be understood as the charter (clause 2 of Article 66). Whereas the Federal Law “On Non-Profit Organizations” also names the constituent agreement concluded by their members as constituent documents for associations (unions). The Federal Law of October 6, 2003 establishes the powers of the congress (meeting of members) of the council of municipalities of a constituent entity of the Russian Federation, which are divided into exclusive and other. The exceptional ones include: 1) approval of the charter of the council of municipal formations of a constituent entity of the Russian Federation; 2) determining the amount and procedure for paying membership fees for the activities of the council of municipal formations of a constituent entity of the Russian Federation and the maintenance of the governing bodies of the council of municipal formations; 3) election of governing bodies of the council of municipalities of a constituent entity of the Russian Federation. Other powers are established by the charter of the council of municipalities of a constituent entity of the Russian Federation. Eighth, state registration of the council of municipalities of a constituent entity of the Russian Federation as legal entity carried out in accordance with the Federal Law of August 8, 2001 “On state registration legal entities".The legislator does not connect the organization of the council of municipal entities of the constituent entities of the Russian Federation with the typical characteristics of municipal entities, which, in our opinion, can lead to a number of problems. Let us recall that there are four types of municipalities: municipal district, urban or rural settlement, urban district and intracity territory of the city. federal significance. The law prescribes that, in principle, every municipal entity must participate in the council of municipal entities of a constituent entity of the Russian Federation. At the same time, municipalities differ from each other in population size, territory, economic and financial capabilities, etc., while their participation in the council of municipalities of a constituent entity of the Russian Federation is expected on an equal basis. Take, for example, the Sverdlovsk region. Almost one third of the population lives in the urban district "Ekaterinburg City" Sverdlovsk region, the rest of the population lives in more than eighty municipalities, including five municipal areas. Moreover, each type of municipal formation has a different list of issues of local importance, for which, in fact, municipal formations are formed. However, in the council of municipalities of the region, the interests of the population of the urban district “city of Yekaterinburg” will be represented on an equal basis with the interests of some rural settlement. This situation seems incorrect and needs to be corrected in the future.
In each subject of the Russian Federation, a council of municipalities of the subject of the Russian Federation is formed.
The organization and activities of councils of municipal entities of the constituent entities of the Russian Federation are carried out in accordance with the requirements of the Federal Law “On Non-Profit Organizations” applicable to associations.
Congress (meeting of members) of the council of municipalities of a constituent entity of the Russian Federation:
1) approves the charter of the council of municipalities of a constituent entity of the Russian Federation;
2) determines the amount and procedure for paying membership fees for the activities of the council of municipal formations of a constituent entity of the Russian Federation and the maintenance of the governing bodies of the council of municipal formations;
3) elects the governing bodies of the council of municipalities of the constituent entity of the Russian Federation;
4) exercises other powers determined by the charter of the council of municipal formations of a constituent entity of the Russian Federation.
The council of municipalities of a constituent entity of the Russian Federation has no right to interfere in the activities of municipalities or limit their activities
- Councils of municipalities of the constituent entities of the Russian Federation can form a single all-Russian association of municipalities.
- A unified all-Russian association of municipalities is considered created if it includes councils of municipalities of at least two-thirds of the constituent entities of the Russian Federation.
- The single all-Russian association of municipalities may include other associations of municipalities.
The unified all-Russian association of municipalities does not have the right to interfere in the activities of municipalities, councils of municipalities of constituent entities of the Russian Federation, other associations of municipalities, or limit their activities.
Representative bodies of municipalities can make decisions on the creation of non-profit organizations in the form of autonomous non-profit organizations and funds (Law “On General Principles of Local Self-Government”). Such non-profit organizations are associations in the form of associations and unions. The decision to jointly create associations or a union or to join an existing association or union is made by the representative body of local government, unless otherwise provided in the charter of the municipality.
The powers of local government bodies cannot be transferred to associations and unions of municipalities. Associations and unions interact with government authorities of the Russian Federation and its constituent entities. Representatives of associations and unions are members of the Council for Local Self-Government in the Russian Federation. Associations and unions of municipalities are subject to registration in the manner established for non-profit organizations. Currently in the Russian Federation there is a large number of associations and unions of municipalities.
Based on their area of coverage, they are divided into:
1) all-Russian (Union of Russian Cities, Union of Small Cities);
2) interregional (Association of Cities of the South of Russia, Association of Cities of the Far North and the Arctic);
3) regional, uniting municipalities located within the boundaries of a constituent entity of the Russian Federation.
By decree of the President of the Russian Federation dated October 22, 1998, the Congress of Municipal Entities of the Russian Federation was established - an all-Russian organization representing the interests of local self-government in the Russian Federation.
Goals of the Congress:
1) implementation of the rights of citizens to local self-government;
2) coordination of the activities of municipalities of the Russian Federation;
3) ensuring interaction of municipalities with federal authorities state power. Local governments, in order to solve local economic and social problems within the framework of jointly adopted agreements, programs and projects, can form associations for economic interaction. The founders of such associations are local government bodies.
Associations (associations) have the rights of a legal entity.
Objectives of associations for economic cooperation:
1) coordination of the activities of local government bodies;
2) carrying out coordinated measures to stabilize the economic situation and social protection population;
3) making joint decisions;
4) preparation of proposals for implementation public policy in the field of self-government;
5) preparation of proposals for implementation federal programs, projects and local agreements and programs.