On maintaining the state register of municipalities of the Russian Federation. MP credit

Government of the Russian Federation decides:

1. Approve the attached Rules for maintaining the state register of municipalities of the Russian Federation.

2. Establish that the Ministry of Justice of the Russian Federation is a federal executive body authorized to maintain the state register of municipalities of the Russian Federation.

3. The executive authorities of the constituent entities of the Russian Federation and local self-government bodies shall ensure the submission to the Ministry of Justice of the Russian Federation of the information necessary for maintaining the state register of municipalities of the Russian Federation, in the cases and in the manner provided for by this resolution.

4. To recognize as invalid:

Decree of the Government of the Russian Federation of January 19, 1998 N 65 “On the Federal Register of Municipal Entities in the Russian Federation” (Collected Legislation of the Russian Federation, 1998, N 4, Art. 486);

Decree of the Government of the Russian Federation of May 23, 1998 N 489 “On approval of sample documents for maintaining the Federal Register of Municipal Entities in the Russian Federation” (Collected Legislation of the Russian Federation, 1998, N 22, Art. 2461).

Chairman

Government of the Russian Federation

M. Fradkov

Rules for maintaining the state register of municipalities of the Russian Federation

1. These Rules establish the procedure for maintaining the state register of municipalities of the Russian Federation (hereinafter referred to as the state register).

2. All municipalities on the territory of the Russian Federation whose charters are registered in the prescribed manner are subject to inclusion in the state register.

3. The State Register is maintained by the Ministry of Justice of the Russian Federation and its territorial bodies.

The said Ministry develops and approves document forms and instructions on maintaining the state register.

4. The state register is maintained on paper and electronic media. If records on paper do not correspond to records on electronic media, records on paper have priority.

Documents submitted for inclusion of a municipality in the state register are contained in the registration file of this municipality, which is part of the state register.

5. To enter a municipal entity into the state register, the head of the municipal entity submits (on paper and electronic media) the following documents to the Ministry of Justice of the Russian Federation:

a) an application signed by the head of the municipality and drawn up in the prescribed form;

b) the official text of the law of a constituent entity of the Russian Federation on establishing the boundaries of a municipal entity and giving it the appropriate status (urban or rural settlement, urban district, municipal district), and for cities of federal significance - the official text of the law on establishing the boundaries of intra-city municipalities;

c) a copy of the charter of the municipality, officially published (promulgated) after its state registration;

d) a copy of the certificate of state registration of the charter of the municipality.

6. The Ministry of Justice of the Russian Federation, within one month from the date of receipt of the documents specified in paragraph 5 of these Rules:

a) makes the necessary entry in the state register in accordance with the instructions on maintaining the state register, approved by order of the Ministry of Justice of the Russian Federation;

b) draws up and issues (sends) to the applicant a certificate of the established form on the inclusion of the municipality in the state register;

c) in case of violation of the procedure for submitting the specified documents, informs the applicant about the identified violations and sets a deadline for their elimination.

7. The head of a municipality, in the event of changes being made to the documents specified in paragraph 5 of these Rules, within 10 working days from the date of making these changes, submits the relevant documents to the Ministry of Justice of the Russian Federation.

When transforming a municipality, the basis for making an entry in the state register is the law of the subject of the Russian Federation.

RUSSIAN FEDERATION

1. These Rules establish the procedure for the formation and maintenance of the state register of municipalities of the Russian Federation (hereinafter referred to as the register).

2. The register is maintained by the Ministry of Justice of the Russian Federation through its territorial bodies.

3. Municipal entities formed on the territory of the Russian Federation, whose charters are registered in the prescribed manner (hereinafter referred to as municipal entities), are subject to inclusion in the register.

4. The register is maintained electronically.

Access to the register is provided through the portal of the Ministry of Justice of the Russian Federation "Regulatory legal acts in the Russian Federation" on the Internet information and telecommunications network (http://pravo-minjust.ru, http://pravo-minjust.rf).

6. The register includes the following information:

a) the name of the municipality, including the abbreviated form of such name, in accordance with the charter of the municipality;

(see text in the previous edition)

b) type of municipal entity in accordance with the law of the constituent entity of the Russian Federation;

c) the name of the administrative center of the municipality in accordance with the law of the constituent entity of the Russian Federation;

d) information about the documents on the basis of which the municipal entity is included in the register, as well as information about the documents on the basis of which changes are made to the register;

e) state registration number generated in the manner established by paragraph 10 of these Rules;

f) date of inclusion of the municipality in the register;

g) names of urban and rural settlements that are part of municipal districts in accordance with the law of the constituent entity of the Russian Federation, when municipal districts are included in the register;

h) the names of intracity districts formed as part of an urban district with an intracity division in accordance with the law of a constituent entity of the Russian Federation, when a city district with an intracity division is included in the register;

i) names of settlements that are part of urban and rural settlements, municipal and urban districts, urban districts with intra-city division, as well as settlements located in inter-settlement territories that are part of municipal districts in accordance with the law of a constituent entity of the Russian Federation;

(see text in the previous edition)

j) code of the municipality according to the All-Russian Classifier of Territories of Municipal Entities (OKTMO);

k) information about the municipality on the basis of the law of the subject of the Russian Federation, structured in accordance with the Rules for the assignment, change and cancellation of addresses, approved by Decree of the Government of the Russian Federation of November 19, 2014 N 1221 “On approval of the Rules for the assignment, change and cancellation of addresses.”

7. The territorial body of the Ministry of Justice of the Russian Federation (hereinafter referred to as the territorial body) includes a municipal entity in the register on the basis of the law of the constituent entity of the Russian Federation on the creation of a newly formed municipal entity within 5 working days from the date of state registration of the charter of the municipal entity.

8. In the event of a change in information about a municipal entity contained in the register, the territorial body, on the basis of the law of the subject of the Russian Federation, the charter of the municipal entity (municipal legal act on amendments to the charter of the municipal entity) within 5 working days from the date of state registration of the charter of the municipal entity (municipal legal act on amendments to the charter of the municipality) enters the necessary information into the register.

9. In the event of abolition, as well as in the transformation of municipal formations (if the transformation entails the abolition and (or) creation of new municipal formations), the abolished or transformed municipal formations are assigned the entry “excluded”. At the same time, information about abolished or transformed municipalities is stored in the register.

The territorial body assigns the entry “excluded” to the abolished municipal formation on the basis of the law of the subject of the Russian Federation on the abolition of the municipal formation within 5 working days from the date of entry into force of the specified law, and to the transformed municipal formation - within 5 working days from the date of state registration of the charter of the newly formed municipality.

10. The state registration number of the municipality is a sequential series of characters and numbers, consisting of 10 positions:

positions 1 and 2 - RU - designation of the Russian Federation;

The Federal Register of Municipal Entities in the Russian Federation is maintained on paper and electronic media. All municipalities on the territory of the Russian Federation are subject to inclusion in the Federal Register. The entry of a municipal entity into the Federal Register is carried out by recording data in the book for maintaining the Federal Register, including: (1) the name of the municipal entity; (2) the address of the administrative center of the municipality; (3) a list of documents - grounds for inclusion in the Federal Register; (4) registration number; (5) date of registration.

In the book for maintaining the Federal Register, an entry is made about the inclusion of a municipal entity in the Federal Register and a note about the registration and issuance of a certificate of inclusion of the municipal entity in the Federal Register. The book is maintained on the model of the Federal Register of Municipal Entities in the Russian Federation, approved by the Decree of the Government of the Russian Federation of May 23, 1998.

Changes to the Federal Register are made in the following cases:

a) changes in the names of municipalities;

b) transfer of administrative centers of municipalities; c) changes in the address at which local government bodies are located; d) changes in the composition of settlements included in the municipality. To make changes to the Federal Register, the authorized executive body of a constituent entity of the Russian Federation or a municipal entity submits a set of documents containing the text of the law of the constituent entity of the Russian Federation establishing the procedure for changing the names, merging or transforming municipal entities, as well as a certified copy of the relevant decision appropriate in accordance with the law of the constituent entity of the Russian Federation and the charter of a municipal entity of a state authority or local government.

The registrar, within one month from the date of receipt of documents by the Ministry, reviews them for compliance with the requirements established by the Regulations on the Federal Register, and in the absence of contradictions to these requirements:

1) makes a record of changes in the appropriate column of the book for maintaining the Federal Register;

2) makes changes to the Book of Information about Municipal Entities;

4) transfers the information necessary for entering into an electronic copy of the book for maintaining the Federal Register to the computer network registrar;

5) prepares accompanying documents for sending a notice of changes to the Federal Register to the applicant (in the case of sending by post and ensures their dispatch or transfers a properly executed notice to his immediate supervisor for delivery to an authorized representative of the municipality.

A municipal entity is excluded from the Federal Register in the event of its abolition. The abolition of a municipality should not be understood as the abolition of the right to local self-government of the population of a given territory. Moreover, in accordance with the Resolution of the Constitutional Court of the Russian Federation of January 24, 1997, the abolition of a municipal entity necessarily requires either the holding of a local referendum in the relevant territory, or a decision of a representative body of local self-government. To exclude a municipal entity from the Federal Register at the request of the body that, in accordance with the law of a constituent entity of the Russian Federation, made a decision to abolish the municipal entity (or an authorized representative of the population - if the decision was made directly by the population), the authorized executive body of the constituent entity of the Russian Federation submits a set of documents containing an application for exclusion of a municipal entity from the Federal Register, a certified copy of the decision to abolish the municipal entity, a certificate of inclusion of the municipal entity in the Federal Register.

Question No. 37

Local governments: concept, structure

local self-government system is understood as a set of organizational forms of local self-government within municipalities, through which issues of local importance and local life are resolved.

Article 3 of the Constitution of the Russian Federation, the people exercise their power directly, as well as through state authorities and local governments.

Two main forms of democracy are established: directly (direct democracy); through systems of state and municipal authorities (mediated democracy).

The structure of local government bodies is made up of: - representative body of the municipality; - head of the municipality; - local administration (executive and administrative body of the municipality); - control body of the municipality; - other local government bodies provided for by the charter of the municipality and having their own powers to solving local issues. The presence in the structure of local government bodies of a representative body of the municipality, the head of the municipality, the local administration (the executive and administrative body of the municipality) is mandatory. The procedure for formation, powers, term of authority, accountability, control of local government bodies, as well as other issues of organizing the activities of these bodies are determined by the charter of the municipal entity. The names of local government bodies are established by the law of the subject of the Russian Federation, taking into account historical and other local traditions. Local government bodies are not included in the system government bodies. Therefore, at the level of local self-government the principle of separation of powers into legislative, judicial and executive does not apply. At the same time, there is a very specific division of powers of the function, and the representative body - the adoption of municipal regulations. Participation of public authorities and their officials in the formation of local self-government bodies, the appointment and dismissal of local government officials is allowed only in cases and in the manner expressly provided for by the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”.

The structure of local government bodies in the case of the formation of a newly formed municipal entity in intersettlement territories or in the case of transformation of an existing municipal entity is determined by the population in a local referendum or by the representative body of the municipal entity and is enshrined in the charter of the municipal entity. The appointment and provision of a local referendum or a gathering of citizens on the issue of determining the structure of local government bodies of a newly formed municipal formation is carried out by the state authorities of a constituent entity of the Russian Federation if there is a corresponding initiative of residents of the newly formed municipal formation. State authorities of a constituent entity of the Russian Federation hold a local referendum or a gathering of citizens on the issue of determining the structure of local government bodies of a newly formed municipal entity, if a group of voters initiated the holding of a local referendum. The decision on the structure of local government bodies at a local referendum establishes: 1) the structure and names of local government bodies; 2) the procedure for electing and powers of the head of the municipality. Changing the structure of local government bodies is carried out by amending the charter of the municipality. The decision of the representative body of a municipal formation to change the structure of local government bodies comes into force upon the expiration of the term of office of the representative body that made the said decision. Financing of expenses for the maintenance of local government bodies is carried out exclusively from the own revenues of the budgets of the relevant municipalities.

Question No. 38

Formation of local government bodies. Models of organization of municipal government

The most important principle of organizing local self-government is the formation of its governing bodies through elections.

On the basis of federal legislation and in accordance with international treaties concluded by the Russian Federation, the European Charter of Local Self-Government, the presence of elected bodies of local self-government is mandatory, and elections are held within the time limits established by the laws of the constituent entities of the Federation and the charters of municipalities.

The preparation and conduct of elections to local government bodies are carried out by territorial, district, and precinct election commissions, which, together with the election commissions of the constituent entities of the Russian Federation and the Central Election Commission of the Russian Federation, bear full responsibility for ensuring the electoral rights of Russian citizens. That is why it is fundamentally important that election commissions, within their competence, demonstrate independence from state authorities and local self-government, and at the same time, ensure active interaction with legislative, executive and judicial bodies, work closely with the media, and electoral commissions of the constituent entities of the Russian Federation and the Central Election Commission of the Russian Federation, using their own powers, would ensure control over compliance with the electoral rights of citizens and the uniform application of legislation, provide organizational, methodological, legal and other advisory assistance to commissions directly organizing local elections.

Russia has accumulated significant experience in preparing and conducting elections to local government bodies.

Elections are held on the basis of universal, equal and direct suffrage by secret ballot, which meets democratic principles and international standards. Citizens have the right to elect and be elected to local government bodies regardless of gender, race, language, social and property status, profession, education, attitude to religion and political beliefs. Voters have equal weight, and the holders of mandates are determined solely by the voters themselves. Elections to local government bodies, like all others, are usually held on an alternative basis (practice shows that from 2 to 12 candidates apply for one deputy mandate).

Public associations take part in the formation of local government bodies. Most often, these are the largest associations capable of organizing election campaigning in favor of their supporters and ensuring public control over the conduct of elections.

In Russia, there are several ways to form local governments.

Representative bodies of local self-government are elected directly by the population. In some cases, their powers are exercised by meetings (gatherings) of citizens.

An integral part of the system of local self-government bodies is the executive bodies - the local administration - which is engaged in the day-to-day management of the territory under its jurisdiction. The local administration is usually led by elected officials - heads of local government. In cities, this is most often the mayor, or the head of administration, the head of the city; in districts - the head of local government, the head of the district; in other territories - the head of the municipal district, village council, and so on. The head of the local community is elected either directly by the population or from a representative body. He can be hired under a contract or hold this position by virtue of his election as chairman of the corresponding representative body (in the majority - almost 2/3 - of the subjects of the Federation, heads of local government are elected by the population during elections by secret ballot).

Most subjects of the Federation have the necessary legislative framework to ensure the reform of local governments. Along with the constitutions and charters of the constituent entities of the Russian Federation, the following laws apply locally:

On the organization of local self-government;

On the procedure for the formation, merger, transformation or abolition of municipalities;

On establishing and changing the boundaries and names of municipalities;

On elections to local government bodies;

About the local referendum;

About meetings and gatherings of citizens and others.

The problems of the legal purity of the legal framework for organizing and conducting elections in the constituent entities of the Russian Federation are constantly in the field of view of the Central Election Commission. An analysis of regional legislative acts on elections to local self-government bodies carried out by the Central Election Commission revealed certain deviations from federal legislation, and in a number of cases, violations of its requirements. Sometimes the conditions for citizens to acquire active voting rights are violated. In a number of regions, only citizens permanently residing in the relevant territory have this right. It is allowed to establish an upper age limit, language and other restrictions are introduced to obtain passive suffrage. Some laws provide for the possibility of creating electoral districts of different sizes with an unacceptably high excess of the norm established by Federal Law.

Thus, painstaking work remains to be done to improve regional laws and bring them into compliance with the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation.” Moreover, the practice of recent years in elections to local government bodies has shown that federal legislation also needs to be improved, to which additions should be made in terms of establishing general principles for taking into account the opinion of the population when transforming existing and forming new municipalities, including in connection with the establishment and changing their boundaries.

Question No. 39

Competence of local government bodies: general characteristics

Based on the legal nature of powers, they can be divided into own powers and delegated powers.

1) Own powers are those powers that are vested exclusively in local government bodies, which actually belong to them by virtue of their enshrinement in the law, as well as by virtue of the fact that with their help issues of local importance are resolved. In paragraph 3 of Art. 14 Federal Law ^ 154 states that local government bodies in the Russian Federation, in accordance with the charters of municipalities, are endowed with their own competence in resolving issues of local importance. The own powers of local governments are enshrined in the charters of municipalities on the basis of the relevant provisions of federal laws and laws of constituent entities of the Russian Federation.

State bodies and their officials do not have the right to take these issues under their jurisdiction, that is, to exercise local self-government or replace it.

The own powers of local governments, in turn, are divided into their own mandatory and their own voluntary powers.

Own mandatory powers are those powers of local government bodies that are directly assigned by law to local government bodies, and which they are obliged to exercise in their activities independently, without transferring (delegating) them to anyone, including government bodies.

Own voluntary powers are those powers of local government bodies that also belong to local government bodies and are used by them to resolve issues of local importance.

However, unlike their own mandatory powers, they are not directly assigned to local government bodies in law, but they are not excluded from their jurisdiction, and, moreover, they are not assigned to the jurisdiction of state bodies or other municipal bodies. These powers are voluntary in nature, since local government bodies are not obligated by any law to implement them, but voluntarily, if they have the appropriate material and financial resources for this, they can take them under their jurisdiction, enshrining them accordingly in the Charter of the municipality.

As for the first group of powers, we should first of all highlight the exclusive powers of the representative compulsory medical insurance, which are enshrined in paragraph 3 of Art. 15 Federal Law No. 154. These include:

1) adoption of generally binding rules on the subjects of jurisdiction of the municipal formation, provided for by the Charter of the municipal formation;

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

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

4) establishment of local taxes and fees;

5) establishing the procedure for managing and disposing of municipal property;

6) control over the activities of local government bodies and local government officials provided for by the charters of municipalities.

The listed powers, as stated in the law, fall exclusively within the jurisdiction of representative bodies of local self-government. Along with them, local government bodies are also vested with so-called delegated powers.

This type of powers of local governments is fundamentally different from their own powers. By their nature, delegated powers are state powers, not local government powers. Even if they are transferred to local governments, they do not lose the nature of state powers and can be returned at any time to the competence of the relevant state bodies. These powers can be delegated to local government bodies only in each specific (individual) case, in other words, such a transfer should not be of a mass, group nature, or have certain limits. In order to implement delegated powers, the relevant state bodies must simultaneously transfer the necessary material and financial means, resources, that is, state resources, to local governments. Without this, local government bodies have the right not to take over the state powers transferred to them. And, finally, the implementation of these powers by local government bodies, the expenditure and use of material and financial resources transferred to them are directly controlled by the relevant state bodies. In other words, the activities of compulsory health insurance in this area are directly controlled by the state.

Register of municipalities, maintained since September 1, 1998 by the Ministry of the Russian Federation for Nationalities and Federal Relations on the basis of information submitted to the ministry by executive authorities of the constituent entities of the Russian Federation.

All municipalities on the territory of the Russian Federation are subject to inclusion in the Federal Register. To enter a municipal entity into the Federal Register, the executive body of the constituent entity of the Russian Federation, which, in accordance with the legislation of the constituent entity of the Russian Federation, is charged with carrying out work to ensure the maintenance of the Federal Register (the authorized executive body of the constituent entity of the Russian Federation), submits the following documents: a) application on the inclusion of a municipal entity in the Federal Register; b) a decision on the creation of a municipal entity or another document confirming the implementation of local self-government in a certain territory; c) a protocol of the election commission on the results of elections of deputies of a representative body of local self-government or elected officials of local self-government, if the charter of the municipal formation does not provide for the election of a representative body; d) the published charter of the municipal formation; e) an explanatory note indicating the name of the municipal formation, the name of the administrative center of the municipal formation (if the municipal formation includes several settlements), the address at which local government bodies are located, composition of settlements included in the municipality, if the municipality unites several settlements; e) information about the presence of municipalities located within the boundaries of the municipality that submitted documents for inclusion in the Federal Register, information about the location of the municipality that submitted documents for inclusion in the Federal Register , within the boundaries of another municipal entity, information on the population (including for each settlement that is part of the municipal entity

2) The Ministry of the Russian Federation for National Affairs and Federal Relations, within a month from the date of receipt of documents from the authorized executive body of the constituent entity of the Russian Federation: a) in accordance with the instructions on maintaining the Federal Register on paper and electronic media, makes the necessary entry in a standard book; b) draws up and issues a standard certificate of inclusion of the municipality in the Federal Register; c) in case of non-compliance of documents with current legislation, returns them to the authorized executive body of the constituent entity of the Russian Federation to eliminate the identified violations. The refusal to include a municipal entity in the Federal Register may be appealed by the applicant in court. Municipal entities abolished in the manner established by the law of a constituent entity of the Russian Federation are subject to exclusion from the Federal Register. The basis for excluding a municipality from the Federal Register is a decision of the authorized executive body of a constituent entity of the Russian Federation or directly the population of the municipality, submitted to the Ministry of the Russian Federation for Nationalities and Federal Relations

37. Local governments: concept, structure.

Local government system is a set of self-governing systems interacting with each other that act as components.

Under local government system understand the set of organizational forms of local self-government within municipalities, through which issues of local importance and local life are resolved.

Article 3 of the Constitution of the Russian Federation, the people exercise their power directly, as well as through state authorities and local governments.

Two main forms of democracy are established: directly (direct democracy); through systems of state and municipal authorities (mediated democracy).

Structure of local government bodies:

1) local government bodies, the presence of which is mandatory: representative body of the municipality, head of the municipality, local administration (executive and administrative body of the municipality);

2) local government bodies, which may be provided for by the charter of the municipality: the control body of the municipality (formed for the purpose of monitoring the execution of the local budget, compliance with the established procedure for the preparation and consideration of the draft local budget, a report on its execution, as well as for the purpose of monitoring compliance the established procedure for managing and disposing of municipally owned property); other local government bodies.

Local governments are not an integral part of the state governance mechanism.

Local government bodies can act independently of the laws and other acts of government authorities in force in the country.

The conditions are determined, as well as the procedure for state control over the exercise by local self-government bodies of certain state powers. The structure of local government bodies is determined by the population independently. Local governments are legal entities in accordance with the charter of the municipality.

The legal regulation of the municipal service, including requirements for positions, the status of a municipal employee, the conditions and procedure for performing municipal service, and management of the service, is determined by the charter of the municipality and the Federal Law. Municipal positions are elective, occupied as a result of municipal elections - deputies, members of an elected body of local government, elected officials of local government.

Municipal service– professional activity of citizens, which is carried out on an ongoing basis in municipal service positions, filled by concluding an employment agreement (contract). The employer for a municipal employee is a municipal entity, on behalf of which the employer’s powers are exercised by a representative of the employer (employer). The representative of the employer (employer) may be the head of a municipality, the head of a local government body, the chairman of the election commission of a municipality or another person authorized to act as a representative of the employer (employer). Local government bodies and local government officials, on issues within their jurisdiction, adopt (issue) legal acts.