Local self-government has separate state powers. The procedure for vesting local government bodies with certain state powers


OPTION 1


1 Essence local government, definition of the concept (main approaches: structural and managerial, functional, institutional), main characteristics 2

2 Empowering local governments with state powers. Legal foundations, principles of vesting state powers. 10

3 The regional administration submitted for consideration to the regional duma a draft resolution “On improving the structure of regional governance”, which provided for the abolition of the representative body in the city - regional center, and its functions to be transferred to the regional duma. This was justified by the need to reduce the cost of maintaining the management apparatus.

The system of local self-government in the city was to be represented by the head of the city elected by the population, as well as city and district (in the city districts) administrations. Can the regional Duma adopt such a resolution? Which bodies in the local government system are mandatory? 14

List of sources used 17

1 The essence of local self-government, definition of the concept (main approaches: structural-managerial, functional, institutional), main characteristics In accordance with Chapter 8 of the Constitution of the Russian Federation (Articles 130-133), 1 local government in the Russian Federation ensures that the population independently resolves issues local significance

, possession, use and disposal of municipal property and is carried out by citizens through a referendum, elections, other forms of direct expression of will, through elected and other local government bodies. In accordance with Part 1 of Art. 6 2 Federal Law “On general principles organization of local self-government in the Russian Federation" local self-government is one of the foundations constitutional order Russian Federation. Under the foundations of the constitutional order Usually the foundations of the state are understood, its basic principles, which are designed to provide the Federation with the character of a constitutional state 3. Thus, the organization of local self-government is one of the conditions for recognition of the Russian Federation as a constitutional democratic state. In accordance with paragraph 1 of Art. 16 of the Constitution of the Russian Federation, the foundations of the constitutional system of the Russian Federation cannot be changed except in the manner established by the Constitution itself.

In accordance with Art. 12 of the Constitution of the Russian Federation in the Russian Federation recognizes and guarantees local self-government. Local government is independent within the limits of its powers.

The Federal Law of the Russian Federation “On the General Principles of the Organization of Local Self-Government in the Russian Federation” defines local self-government through the form in which the people exercise their power. The recognition of local self-government as one of the forms of democracy is enshrined in Part 2 of Art. 3 of the Constitution of the Russian Federation. Local self-government can be exercised by the people directly or indirectly through the creation of local self-government bodies. In accordance with Part 1 of Art. 131 of the Constitution of the Russian Federation, the structure of local government bodies is determined by the population independently, thus ensuring indirect participation of the population in resolving issues of local importance.

Local self-government is exercised by the population independently. This means that local self-government is an independent level of public authority that is not hierarchically subordinate state power. Local governments in accordance with Art. 12 of the Constitution of the Russian Federation are not included in the system of state authorities. At the same time, this does not exclude the possibility of government bodies in some cases to control and direct the activities of local self-government. The limits of such interference are established by federal legislation.

Local self-government is also exercised by the population at their own responsibility. IN in this case We are talking about the so-called “positive” responsibility, which means that all the consequences of decisions made within the framework of local self-government fall on the population itself. Municipalities themselves are responsible for their obligations with the property belonging to them by right of ownership, except for the property that is assigned to those created by them. legal entities on the right economic management or operational management, as well as property that can only be located in municipal property. Municipalities are not liable for the obligations of the Russian Federation and its constituent entities (Article 126 of the Civil Code of the Russian Federation) 4.

In Art. 2 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” contains a definition of issues of local importance. Lists of main issues of local importance are contained in Chapter 3. The law provides for various types of issues of local importance for different types municipalities. A specific list of issues of local importance for each municipality is enshrined in its charter.

Issues of local self-government can only be resolved by the population or local government bodies independently. As follows from the Constitutional Court Resolution No. 15-P 5, the transfer of powers by local governments to resolve issues of local importance to public authorities is unacceptable. Cases of temporary exercise by public authorities of certain powers of local government bodies are provided for in Art. 75 Federal Law “On the general principles of organizing local self-government in the Russian Federation.”

Local self-government is carried out taking into account historical and other local traditions. This is manifested, in particular, when adopting the symbols of municipalities, determining the names of local government bodies, etc.

The definition of local self-government in the commented Law differs somewhat from that used in the European Charter of Local Self-Government 6 . In accordance with paragraph 1 of Art. 3 of the Charter, local self-government is understood as the right and ability of local governments to regulate a significant part of public affairs and manage it, acting within the framework of the law, in accordance with their competence and in the interests of local population. As can be seen, in the Charter, local self-government primarily refers to the activities of local government bodies, while Russian Law emphasizes the participation of the population.

The commented article reveals the content of some concepts and terms used in this Federal Law. The need to disclose precisely these concepts is due to the fact that in practice, arbitrary interpretation of some of them is often allowed, both in lawmaking and in law enforcement.

The terms explained in the commented article can be divided into three groups:

1) related to territorial organization local government;

2) related to the powers of local self-government;

3) related to the system of local government bodies and officials.

Unlike the previous Law on Local Self-Government, the new one provides for the existence of various types of municipalities. In the Russian Federation, it is planned to introduce a two-tier system of local self-government. Municipalities of the first level are urban and rural settlements. Municipal entities of the second level are municipal districts. Municipal districts will include territories of urban and rural settlements, as well as inter-settlement areas. The principles and procedure for establishing the boundaries of these types of municipalities are established in Chapter 2 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation.”

In the original version of the Law being commented on, a slightly different definition of an urban settlement was given as a city or town with adjacent territory. Thus, the territory of an urban settlement could include an unlimited number of rural settlements and unlimited territories. As a result, in some subjects of the Federation, after the proposed reform, the territories of municipal districts could consist only of urban settlements, and most of the territory of the subject of the Federation would be included in the territories of urban districts. At the same time, vast territories that would never be used for urban development, development of urban services and urban infrastructure found themselves under the jurisdiction of local governments of urban settlements.

Such a situation would actually lead to differences in the organization of the territorial structure of local self-government in the constituent entities of the Russian Federation, since in this case the entire territory of individual constituent entities of the Federation or a significant part of it could be delimited exclusively between urban settlements and urban districts. Meanwhile, the inclusion in the territories of urban municipalities of rural settlements and territories that will not be used for urban development, development of urban services and urban infrastructure could lead to contradictions in law enforcement practice and differences in the provision of public services to the population in rural settlements located as part of urban or rural municipalities.

The new edition of the Law excluded the concept of “adjacent territories”, since it turned out to be impossible to give it a legally precise content, and established that the territory of an urban settlement may include one city or one village, as well as, in accordance with its master plan, territories intended for the development of its social, transport and other infrastructure (including the territories of towns and rural settlements that are not municipalities). According to the deputies, such a norm will allow, on the one hand, to include in the territories of urban settlements the territories necessary for its development, streamline the territorial development of urban municipalities and, on the other hand, will limit the unreasonable expansion of territories subordinate to local self-government bodies of cities.

The largest cities should receive the status of urban districts. In urban districts there is a single-level local government. Granting an urban settlement the status of an urban district is carried out by the law of a constituent entity of the Russian Federation in accordance with Part 2 of Art. “On the general principles of organizing local self-government in the Russian Federation.”

A special type of municipal formations are intracity territories of cities federal significance. Features of the organization of local self-government in these territories are provided for in Art. 79 “On the general principles of organizing local self-government in the Russian Federation.”

In connection with the introduction of a two-tier system of local self-government, the Law provides for the identification of inter-settlement issues in the range of issues of local importance, the solution of which falls under the jurisdiction of municipal districts.

Issues of local importance can be resolved by the population independently or by local government bodies. Local government bodies can be elected by the population or formed by a representative body of local government. In accordance with Art. 12 of the Constitution of the Russian Federation, local government bodies are not included in the system of state authorities, that is, they are not a lower level of the system government agencies.

Among local government officials, the Law provides for the identification of elected and other local government officials. Elected officials of local government include:

1) heads of municipalities;

2) deputies of the representative body of local self-government;

3) members of other elected bodies of local self-government (such, for example, may be the control body of a municipality);

4) other elected officials of local government.

The Law emphasizes that the concepts and terms specified in the commented article are used only for the purposes of this Law. This means that other regulations may, for their own purposes, give a different definition to the terms discussed above. For example, the Code of the Russian Federation on Administrative Offenses of December 30, 2001 N 195-FZ (Administrative Code of the Russian Federation) provides that “an official in this Code should be understood as a person who permanently, temporarily or in accordance with special powers performs the functions of a representative power, that is, vested in established by law order of administrative powers in relation to persons who are not officially dependent on him, as well as a person performing organizational and administrative or administrative and economic functions in state bodies, local governments, state and municipal organizations, as well as in the Armed Forces of the Russian Federation, others troops and military formations of the Russian Federation." This definition differs from the definition of this Law. When involving local government officials in administrative responsibility the definition given in the Code of Administrative Offenses of the Russian Federation should be used; in other cases, the definition of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” should be used.

The law provides that the words “local” and “municipal” and phrases with them must be understood as identical. IN regulations The term "local" is more commonly used. Thus, the Constitution of the Russian Federation and other normative acts mention local self-government, local government bodies, local budgets, etc. At the same time, the legislation provides for the existence of municipal property and municipal formations. In fact, the use, for example, in the legislation of the constituent entities of the Russian Federation of terms like “bodies municipal government” instead of “local government bodies” is acceptable, but hardly advisable, due to the complexity of their perception.

2 Empowering local governments with state powers. Legal foundations, principles of vesting state powers.

Due to the fact that the establishment of general principles for organizing the local government system in accordance with paragraph “n” of Part 1 of Art. 72 of the Constitution of the Russian Federation is assigned to the joint jurisdiction of the Russian Federation and its subjects; Articles 5 and 6 of the commented Law define, respectively, the powers of federal government bodies and government bodies of subjects in this area.

In total, the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” establishes four types of powers:

1) determination of the general principles of the organization of local self-government in the Russian Federation (already done by the commented Law);

2) legal regulation of the rights, duties and responsibilities of government bodies of the Russian Federation and its subjects in the field of local self-government. This regulation can be carried out on subjects of jurisdiction of the Russian Federation and within the powers of the Russian Federation on subjects of joint jurisdiction. The implementation of this power consists in the adoption of normative acts by federal government bodies;

3) legal regulation of the rights, duties and responsibilities of citizens, local government bodies and local government officials to resolve issues of local importance. Here we are also talking about detailing the procedures for implementing issues of local importance, primarily in sectoral regulations;

4) legal regulation of the rights, duties and responsibilities of local government bodies and local government officials in the implementation of certain state powers. This power consists in the adoption of regulations regulating the implementation by local government bodies and officials of certain state powers. It should be borne in mind that in accordance with Part 2 of Art. 132 of the Constitution of the Russian Federation and Part 2 of Art. 19 of the commented Law, the vesting of local self-government bodies with certain state powers is permitted only by law (in this case, federal). However, this does not exclude that certain aspects of the implementation of transferred powers may be established by federal regulations, if they do not contradict the law on transfer.

Part two art. 7 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” defines the limits of intervention by public authorities in the activities of local self-government. This norm is a reference one, since it allows for the adoption of other federal laws, which may contain rules establishing the control of state authorities over local self-government or the exercise of executive and administrative powers in relation to it. The law provides for only one case of control by state authorities over local government bodies - control when the latter exercises certain state powers.

The Constitutional Court of the Russian Federation expressed its position on the possible limits of control of state authorities over local self-government. In particular, he pointed out that “the Constitution of the Russian Federation provides for only one case of control over local self-government - control over the implementation by local self-government bodies of the state powers delegated to them; in other cases, only judicial control is allowed over the activities of local self-government bodies. The Constitution of the Russian Federation directly provides for state control over the implementation by local self-government bodies of state powers delegated to them and implies control over the legality when they resolve issues of local importance, i.e. when exercising the actual powers of local self-government (part 2 of article 132, part 2 of article 15). The forms and methods of such control, its mechanism and procedure for implementation cannot violate the guarantees of independence of local self-government established by the Constitution of the Russian Federation and federal laws adopted in accordance with it, and contradict the principle of separation of powers. This establishes the limits of the powers of a constituent entity of the Russian Federation in monitoring the legality of the exercise of local self-government, the scope of which, in accordance with the Constitution of the Russian Federation, is specified by the Federal Law of August 28, 1995 “On the General Principles of the Organization of Local Self-Government in the Russian Federation” (Chapter VII), and others federal laws" 7 .

Thus, the Constitutional Court recognized that the establishment of additional cases of administrative control over local self-government conflicts with the Constitution of the Russian Federation.

The exercise of executive and administrative powers by public authorities in relation to local self-government bodies (in this case, local self-government bodies, in fact, become lower-level government bodies) comes into conflict with the Constitution, in particular, with Art. 12.

If conflicts arise or are discovered between any federal normative act with a legal force lower than the federal constitutional law, and the commented Law, the norms of the latter should be applied.

3 The regional administration submitted for consideration to the regional duma a draft resolution “On improving the structure of regional governance”, which provided for the abolition of the representative body in the city - regional center, and its functions to be transferred to the regional duma. This was justified by the need to reduce the cost of maintaining the management apparatus. The system of local self-government in the city was to be represented by the head of the city elected by the population, as well as city and district (in the city districts) administrations. Can the regional Duma adopt such a resolution? Which bodies in the local government system are mandatory?

According to the Constitution of the Russian Federation, local self-government ensures that the population independently resolves issues of local importance. Issues of local importance are understood as a special category of affairs, separated from government functions(the principle of allocated competence of local self-government), therefore, through the concept of “issues of local importance” the independence of local self-government and its separation from the state is emphasized, and through the concept of “separate state powers” ​​the possibility of involving local government in management is determined state affairs 8 . Thus, government bodies do not have the right to interfere in the resolution of issues of local importance, and local government bodies are obliged to independently and directly implement (without the right to transfer to government bodies) the powers assigned to them on issues of local importance. The subjects of jurisdiction of the Russian Federation are issues of general federal significance in the main areas of public administration, the subjects of jurisdiction of the constituent entities of the Russian Federation are issues of regional significance in the main areas of public administration, the subjects of jurisdiction of local self-government are issues of local importance in the main areas of public administration.

Since the Constitution of the Russian Federation provides for the possibility of vesting local self-government bodies with certain state powers, the subjects of local self-government include not only issues of local importance, but also some issues of federal and regional importance, for which certain federal laws and laws of the constituent entities of the Russian Federation have transferred to local governments government powers. Enshrining in the Constitution of the Russian Federation the norm on the legislative form of vesting local government bodies with certain state powers is a kind of guarantee for local government bodies against possible abuses by the state and its bodies in this matter. The establishment of this rule makes it possible to exclude the possibility of mass transfer of state powers to local government bodies and strictly determine the procedure for such transfer.

At the same time, Part 2 of Art. 132 of the Constitution of the Russian Federation and Art. 19 of the Federal Law of October 6, 2003 N 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation” established this possibility of transferring by law certain state powers to local government bodies with the transfer of the material and financial resources necessary for their implementation. The essence of the exercise by local self-government bodies of certain state powers comes down to the fact that local self-government bodies, exercising these powers, act not so much on their own behalf, but on behalf of the state authorities of the Russian Federation or the constituent entities of the Russian Federation that have transferred the corresponding powers to them 9 .

List of sources used

    “Constitution of the Russian Federation” (adopted by popular vote on December 12, 1993) (taking into account amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 N 6-FKZ, dated December 30, 2008 N 7-FKZ) Chapter 8. Local self-government

    Federal Law of October 6, 2003 N 131-FZ (as amended on April 5, 2010) “On the general principles of organizing local self-government in the Russian Federation” (adopted by the State Duma of the Federal Assembly of the Russian Federation on September 16, 2003)

    Federal Law of November 26, 1996 N 138-FZ (as amended on November 9, 2009) “On provision of constitutional rights citizens of the Russian Federation to elect and be elected to local government bodies" (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 23, 1996)

    Federal Law of 02/09/2009 N 8-FZ “On ensuring access to information on the activities of state bodies and local governments” (adopted by the State Duma of the Federal Assembly of the Russian Federation on 01/21/2009)

    Federal Law of November 24, 2008 N 207-FZ “On measures to organize local self-government in the Republic of Ingushetia and the Chechen Republic” (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 29, 2008)

    “Arbitration Procedural Code of the Russian Federation” dated July 24, 2002 N 95-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on June 14, 2002) (as amended on April 30, 2010

    Federal constitutional law of March 25, 2004 N 1-FKZ (as amended on April 12, 2006) “On the formation of a new subject of the Russian Federation within the Russian Federation as a result of the unification of the Perm region and Komi-Permyatsky Autonomous Okrug"(approved by the Federation Council of the Federal Assembly of the Russian Federation on March 24, 2004)

    “Commentary to the Federal Law of February 9, 2009 N 8-FZ “On ensuring access to information on the activities of state bodies and local governments” (article-by-article) (Velikiy A.P.)

    “Commentary to the Criminal Code of the Russian Federation” (article-by-article) (Brilliantov A.V., Dolzhenkova G.D., Ivanova Ya.E. and others) (edited by A.V. Brilliantov) (“Prospect”, 2010)

    “Commentary to the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” (article-by-article) (4th edition, revised) (Podsumkova A.A., Channov S.E.) (edited by S.E. Channov ) (“Axis-89”, 2008)

    "Commentary to the Arbitration procedural code of the Russian Federation" (item by article) (2nd edition, revised and expanded) (edited by P.V. Krasheninnikov) ("Statute", 2009

    “Fundamentals of the organization of municipal government: Tutorial"(Naumov S.Yu., Podsumkova A.A.) (“Forum”, 2009)

    “Commentary to the Federal Law of June 24, 1998 N 89-FZ “On Industrial and Consumption Waste” (item-by-item) (Anisimov A.P., Kodolova A.V., Chikildina A.Yu.) (Prepared for the ConsultantPlus system, 2009)

    “Article-by-article commentary to the Arbitration Procedural Code of the Russian Federation” (Ryzhakov A.P.) (Prepared for the ConsultantPlus system, 2008)

    “Commentary to the Federal Law of December 21, 1994 N 69-FZ “On fire safety"(item by article) (Salnikov I.V.) (Prepared for the ConsultantPlus system, 2008)

1. On the exercise of certain state powers by local self-government bodies federal authorities executive power and executive authorities of the constituent entities of the Russian Federation, in cases established by federal laws and laws of the constituent entities of the Russian Federation, within the limits of their competence, have the right to issue binding regulatory legal acts and exercise control over their implementation.

2. Recognized in judicial procedure inconsistency of federal laws, laws of constituent entities of the Russian Federation, other regulatory legal acts of the Russian Federation providing for the vesting of local government bodies with certain state powers with the requirements provided for in Article 19 of this Federal Law is grounds for refusal to exercise these powers.

3. Local government bodies are responsible for the implementation of certain state powers within the limits of material resources and financial resources allocated to municipalities for these purposes.

4. Federal laws establishing the right of local government bodies to participate in the exercise of state powers not transferred to them in accordance with Article 19 of this Federal Law may contain provisions providing for:

1) the procedure for coordinating the participation of local self-government bodies in the exercise of these powers, as well as the specifics of such participation;

2) the possibility and limits of legal regulation by public authorities of these powers.

(Part four as amended by Federal Law dated December 29, 2006 N 258-FZ)

(see text in the previous edition)

4.1. Local government bodies participate in the exercise of state powers not delegated to them in accordance with Article 19 of this Federal Law, if the representative body of the municipality makes a decision to exercise the right to participate in the exercise of these powers.

5. Local government bodies have the right to carry out expenses at the expense of the budget of the municipality (with the exception of financial resources transferred to the local budget for the implementation targeted expenses) to exercise powers not delegated to them in accordance with Article 19 of this Federal Law, if the possibility of making such expenses is provided for by federal laws.

Local government bodies have the right to establish, at the expense of the budget of the municipality (with the exception of financial resources transferred to the local budget for the implementation of targeted expenses) additional measures social support And social assistance For individual categories citizens, regardless of the presence in federal laws of provisions establishing this right.

Financing the powers provided for by this part is not the responsibility of the municipality, is carried out if possible and is not the basis for the allocation of additional funds from other budgets budget system Russian Federation.

Introduction 3

Chapter 1. The problem of delimitation of jurisdiction and powers between state authorities and local governments 5

Chapter 2. Powers of federal state authorities and state authorities of the subject in the field of local self-government. eleven

Chapter 3. Empowering local government bodies with certain state powers 16

Conclusion 24

References 26

Introduction

Local self-government is one of the forms of organization of public authority in the administrative-territorial units of the state. The second form is local government

In this work, the author set himself the goal of considering local self-government, identifying its relationship with the structure of public authorities, and determining the powers of public authorities in the field of local self-government.

1. the problem of subjects of jurisdiction and powers between state authorities and local governments is revealed

2. consideration of the powers of federal government bodies and government bodies of the subject in the field of local self-government.

3. designation of the concept of responsibility of local governments and officials

4. the possibility of vesting local government bodies with certain state powers

5. questions are revealed national importance, which can be transferred to local governments.

6. conveying to the reader understandable, clearly presented information on this topic.

The theoretical basis for the study of the powers of public authorities in the field of local self-government is provided by the works of such authors as V.I. Fadeev, Yu.N. Dorozhkin, O.E. Kutafin and a number of others related to the problems of this topic.

The regulatory framework is made up of the current Constitution of the Russian Federation and Federal Law No. 131 “On the general principles of the organization of local self-government.”

Chapter 1. The problem of delimitation of jurisdiction and powers between state authorities and local governments

A separate problem in this area is the problems arising from the demarcation of property. Municipal entities are transferred in accordance with the division of powers in state property larger volume municipal property than they receive from the state. The state and constituent entities of the Russian Federation often dump property in disrepair with the full burden of creditor obligations and fines at the local government level. When dividing the property of municipal districts and settlements, the former transfer, first of all, property that requires costs, and property that generates income (for example, markets) is retained. The listed problems of delimitation of powers once again provoked discussion of the two-level concept of local self-government. In fact, three different approaches have emerged today. The first approach proposes to leave the division of powers in the existing concept of Law No. 131 - Federal Law and try to maintain the independence of settlements from areas with their own range of issues; the second is to strengthen the settlement level, assigning to it all issues of local importance, and at the district level to form a lower level of state power. The third is to return to the Soviet model of local government with the consolidation of direct subordination of settlements to authorities municipal district. 1

It is necessary to pay attention to the fact that a serious problem in applying the norms of the Federal Law “On General Principles of the Organization of Local Self-Government in the Russian Federation” concerning the determination of the competence of local self-government has become the ambiguity of terms and the use of concepts that do not have an unambiguous legal interpretation, such as “organization” , “development”, “participation”, “provision”. Problems arise with the application of these standards. By clarifying the powers of local self-government, the constituent entities of the Russian Federation either limit the rights of local self-government in certain areas or unreasonably expand them, attributing to the powers of local self-government the powers of public authorities without compensation for costs. In this regard, powers must be defined in those areas of activity that affect the competence of both local government bodies and state authorities (comprehensive socio-economic development, ensuring the sanitary well-being of the population, protection public order, participation in security environment and so on.). This, apparently, will have to be done in the laws of the constituent entities of the Russian Federation. For a rational division of powers, the competence of municipalities must include those powers that, taking into account available resources (including transferred ones) and restrictions, can be most effectively implemented at the local level. It is also important to take into account the factors of territorial and temporal accessibility of services provided to the population by the authorities. Some issues of local importance cannot be resolved by local governments in isolation from state bodies, since their solution is related to the implementation of the constitutional rights of the population or the implementation of state social policy. An example of this is the main general education and healthcare. 1

Establishing independence local authorities, its non-state character, Russian Constitution and federal legislation establishes the basic parameters of state policy in the field of local self-government, defining the foundations of local self-government and state power. The author of this work proposes to consider some of them.

1. Recognition and guarantee by the Russian state of local self-government, consolidation of its independence within the limits of its powers, non-inclusion of local government bodies in the system of public authorities 1 (Article 12 of the Constitution of the Russian Federation.)

2. Establishing a ban on restricting the rights of local self-government (Article 133 of the Constitution of the Russian Federation.)

3. Preventing the implementation of local self-government formation of local government bodies and the appointment of local government officials by state authorities and government officials. 2

4. State support for local self-government, which includes the creation by public authorities of the necessary legal, organizational, material and financial conditions for the formation and development of local self-government and assistance to the population in exercising the right to local self-government. 3

State support for self-government includes federal and regional programs local government, the adoption of which is included in the powers of state authorities.

Considering the issue of delimiting the subjects of jurisdiction between government bodies and municipal districts and urban districts, it is necessary to note that the legislator classifies as the subjects of jurisdiction of government bodies general issues organizing and creating legal, financial and other conditions for local authorities to resolve issues of local importance in the field of culture, namely: issues of adopting laws in the field of culture and introducing amendments to them, monitoring their implementation; regulation and protection of human and civil rights and freedoms in the field of culture; establishing the foundations of state cultural policy, forming and implementing targeted programs in the field of culture; establishing state minimum social standards in the field of culture; regulation of the export and import of cultural property; regulation and state control in the field of international cultural cooperation; creation, creation of a unified state system of information support for cultural activities, as well as other issues of local importance. The next problem is that most of the issues of local importance fall within the scope of legal regulation by the sectoral legislation of the Russian Federation and the constituent entities of the Russian Federation, and in many cases the norms contained in the sectoral legislation do not correspond to the norms of legislation on local self-government issues. 1 This is partly due to the fact that in a number of areas legislation was adopted before the Constitution of the Russian Federation and the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” came into force. It is also necessary to introduce into federal laws norms that clearly regulate the distinction between the levels of functioning of state and municipal authorities. According to Sharikova M.E., active processes of transfer of powers and certain subjects of authority from the sphere of state power to the sphere of local self-government confirm the haste and some redundancy of creating rigid boundaries between the state-power system of management and local self-government, which theorists of the Constitution thought of as an independent system of public management. The international experience of organizing local self-government and its direct contact with the state was not sufficiently taken into account. 2 In the legislation on the transfer of jurisdiction and powers through the system of executive power of the Russian Federation, it is necessary to pay attention to the procedures for transferring powers and all necessary resources to the local government system. Currently, local self-government is recognized as equal to the state and independent form of government. However, according to many estimates, when we talk about local self-government, we are still, as before, dealing with a state management system. From the point of view of the real social functioning of local government, this may be true. But from a legal point of view, local self-government as an autonomous form of democracy is a reality. Therefore, the state authorities of the constituent entities of the Federation, immediately after the relevant regulations were adopted, faced the problem of delimiting powers between state authorities and local governments. 1

A clear division of powers is one of the urgent problems that needs to be solved, including with the help of scientifically based methods and mechanisms. Improving current legislation within the framework and at the level of local self-government is very relevant and more productive, since the need for changes has been felt and the results of practical implementation have become tangible. I would like to note that the creation legal framework local government is far from complete. There is a lack of legal acts regulating the activities of self-government bodies and the order of their relationships. Legislative and other regulatory acts should be aimed at a clearer delineation of competence between various local government bodies. The author plans to pay special attention to this problem.

The formation of an effective system of delimitation of jurisdiction and powers between state authorities and local self-government bodies is one of the main factors for the successful implementation of local government reform in the Russian Federation on modern stage. The lack of a sufficient number of scientific developments on this issue hinders the development of local self-government and the transition Russian society to a qualitatively new stage in the organization of life.

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    • A special subject of jurisdiction of local government bodies is the implementation of certain state powers. Based on the principle of subsidiarity, the transfer of a number of state powers and functions to the local level is effective and appropriate. In this case, local governments act before the population as agents of state power. Such a transfer allows saving costs on the creation of relevant territorial government bodies, better taking into account local conditions and characteristics to improve services to the population, and placing the execution of a number of vital issues under public control.

    Any power of a public authority includes three components: legal regulation, financing and actual provision of certain services.

    For issues of local importance, all these components are assigned to local governments. For matters of national importance transferred to local governments, only the authority to provide services should be delegated. The level of government that carries out legal regulation in a particular area, establishes norms and standards for the provision of services, as well as various social benefits, must know the costs associated with ensuring these regulations, standards and benefits, and be responsible for their financial support.

    Law No. 131-FZ establishes that all powers of local government bodies that are not classified by this law as issues of local importance are separate state powers transferred for implementation to local government bodies. The implementation of certain state powers is assigned, as a rule, to upper-level local government bodies.

    It has been established that financial support for transferred state powers is carried out only through subventions - special targeted Money, transferred to local budgets from the relevant budgets on a gratuitous and non-refundable basis. A separate subvention must be allocated for each transferred authority.

    Rice. 1.9.

    The provisions of the relevant federal and regional laws are put into effect annually and only if the federal law or the law of a constituent entity of the Russian Federation on the budget for the next financial year provides the necessary funds for this. Local government bodies are responsible for the implementation of certain state powers within the limits of the material resources and financial resources allocated for these purposes.

    The adoption of these legislative norms entailed a revision large quantity sectoral federal laws that assign unfunded state powers to local governments. It is indicated that the inconsistency of federal laws, laws of constituent entities of the Russian Federation, and other federal regulations that provide for the vesting of local government bodies with certain state powers, recognized in court, with the requirements of Law No. 131-FZ, is grounds for refusal to exercise these powers. Thus, local government bodies receive the right to defend themselves in court against being vested with powers that are not backed by material and financial resources.

    At the same time, the law allows the participation of local government bodies in the implementation of certain state powers that have not been transferred to them, if this participation is provided for by federal laws. Such a vague norm reduces the level of protection of local governments from the imposition of unfunded state powers on them.

    Questions for self-control

    • 1. What are the subjects of jurisdiction, powers, competence, issues of local significance?
    • 2. How does the European Charter of Local Self-Government set out the principles for determining the competence of local self-government?
    • 3. What is the principle of subsidiarity?
    • 4. By what criteria can one distinguish between issues of local and national importance?
    • 5. By what principle does Law No. 131-FZ differentiate the subjects of jurisdiction between rural settlements, urban settlements, municipal districts and urban districts?
    • 6. What is the reason introduced by the Law No. 136-FZ amendment of the provisions of Art. 14 of Law No. 131-FZ on the separation of issues of local importance of urban settlements and rural settlement?
    • 7. Is it advisable and why to divide issues of local importance of a rural settlement into obligatory and possible for redistribution?
    • 8. Is it advisable to divide issues of local importance in an intra-city area into mandatory and possible for redistribution? Why?
    • 9. What practical examples of the implementation by the constituent entities of the Russian Federation of the right granted to them by Law No. 131-FZ to redistribute powers on certain issues of local importance between state authorities of the constituent entities of the Russian Federation and local self-government bodies can you give?
    • 10. Is it advisable and why to transfer certain state powers to local governments?
    • 11. What is the procedure for vesting local government bodies with certain state powers established by Law No. 131-FZ?

    The vesting of local self-government bodies with certain state powers of the Russian Federation is carried out by federal laws, and certain state powers of the constituent entities of the Russian Federation are carried out by the laws of the constituent entities of the Russian Federation. The vesting of local self-government bodies with certain state powers by other regulatory legal acts is not permitted.

    The vesting of local self-government bodies with certain state powers on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation by the laws of the constituent entities of the Russian Federation is permitted unless this contradicts federal laws.

    Certain state powers transferred for implementation to local self-government bodies are exercised by local self-government bodies of municipal districts and local self-government bodies of urban districts, unless otherwise established by federal law or the law of a constituent entity of the Russian Federation.

    Local government bodies may be vested with certain state powers for an unlimited period or, if these powers have certain period actions for the duration of these powers.

    Financial support certain state powers transferred to local governments are exercised only through subventions provided to local budgets from the relevant budgets.

    Local governments have the right to additionally use their own material resources and financial resources for the implementation of certain state powers delegated to them in cases and in the manner provided for by the charter of the municipality.

    Regarding the exercise by local self-government bodies of certain state powers, federal executive bodies and executive bodies of constituent entities of the Russian Federation in cases established by federal laws and laws of constituent entities of the Russian Federation, within their competence, have the right to issue binding regulatory legal acts and exercise control over their implementation .

    Judicially recognized inconsistency between federal laws, laws of constituent entities of the Russian Federation, and other regulatory legal acts of the Russian Federation providing for the vesting of local government bodies with certain state powers with the requirements provided for in Article 19 of Federal Law No. 131 is grounds for refusal to exercise these powers.

    Local government bodies are responsible for the implementation of certain state powers within the limits of material resources and financial resources allocated to municipalities for these purposes.

    Ticket 22.

    Question 1. Municipal district.

    Municipal district- several settlements or settlements and inter-settlement territories, united common territory, within the boundaries of which local self-government is exercised in order to resolve issues of local importance of an inter-settlement nature by the population directly and (or) through elected and other local government bodies, which can exercise certain state powers transferred to local government bodies by federal laws and laws of the constituent entities of the Russian Federation;

    The powers of the municipal district include organizing medicine and education in the district, providing settlements with communications connections, organizing archives, libraries, and exercising the functions of guardianship and trusteeship. The competence of municipal districts includes the development and maintenance of the network highways on the territory of the region, transport services, organization of disposal and processing of household and industrial waste. The municipal district is responsible for organizing the protection of public order in the territory of the municipal district by the municipal police.

    Currently, municipal districts, in most cases, are the managers of budgets throughout the district, including the territories of settlements: rural settlements included in the district do not have budgets, but only cost estimates. In accordance with the legislation, the municipal district also equalizes the level of budgetary provision of the settlements that are part of the municipal district at the expense of the budget of the municipal district.

    Municipal districts are managers of the consolidated budgets of the district. In accordance with the legislation, the municipal district also equalizes the level of budgetary provision of the settlements that are part of the municipal district at the expense of the budget of the municipal district.

    Question 2. Legal regulation issues of local importance. (?????)

    Ticket 23.

    Question 1. Rural settlement.

    Rural settlement- one or more rural settlements united by a common territory (villages, villages, hamlets, kishlaks, villages and other rural settlements), in which local self-government is exercised by the population directly and (or) through elected and other local government bodies;

    The territory of a rural settlement may, as a rule, include one rural settlement or settlement with a population of more than 1,000 people (for a territory with a high population density - more than 3,000 people) and (or) several rural settlements united by a common territory with a population of less than 1000 people each (for areas with high population density - less than 3000 people each).

    A rural settlement has an administrative center - a settlement, which is determined taking into account local traditions and the existing social infrastructure and in which, in accordance with the law of the subject of the Russian Federation, the representative body of this rural settlement is located.

    The boundaries of a rural settlement, which includes two or more settlements, are usually established taking into account pedestrian accessibility to its administrative center and back during the working day for residents of all settlements included in its composition. The exceptions are areas with low population density, as well as remote and inaccessible areas.

    The population of a rural settlement can vary from several dozen people to 15-20 thousand inhabitants.

    Question 2. Forms of population participation in the implementation of local self-government.

    May be expressed in 1.) direct participation and 2.) indirect.

    1) direct participation:

    1.) Local referendum

    2.) Municipal elections

    3.) Public hearings

    4.) Citizens' meeting

    5.) Citizens' Conference

    7.) Citizens' meeting

    8.) Citizen survey

    9.) Appeal from citizens

    10.) Law-making initiatives of citizens

    2.) Indirect participation:

    Rallies, processions, demonstrations

    Legal basis is:

    Constitution of the Russian Federation

    Federal Law “on demonstrations, processions, rallies”

    The venue and routes are established by the representative body, taking into account the restrictions established in the Federal Law.

    Ticket 24.

    Question 1. Status of a deputy

    A deputy, a member of an elected body of local self-government, an elected official of local self-government are provided with conditions for the unhindered exercise of their powers.

    The term of office of a deputy, a member of an elected local government body, or an elected official of a local government is established by the charter of the municipality and cannot be less than two or more than five years.

    The powers of a deputy, member of an elected local government body begin on the day of his election and terminate on the day the new elected local government body begins work.

    The powers of an elected local government official begin on the day he takes office and terminate on the day a newly elected local government official takes office.

    The decision to change the term of office, as well as the decision to change the list of powers of an elected official of local government, applies only to elected officials of local government elected after the entry into force of the relevant decision.

    Elected officials of local self-government may exercise their powers on permanent basis in accordance with this Federal Law and the charter of the municipality.

    Deputies of the representative body of a municipality exercise their powers, as a rule, on a non-permanent basis.

    No more than 10 percent of the deputies of the established number of the representative body of a municipal formation can work on a permanent basis, and if the number of the representative body of a municipal formation is less than 10 people, - 1 deputy.

    Elected officials of local self-government cannot be deputies State Duma Federal Assembly of the Russian Federation, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation, hold other government positions of the Russian Federation, government positions of the constituent entities of the Russian Federation, as well as government positions civil service And municipal positions municipal service.

    Deputies, members of an elected body of local self-government, and elected officials of local self-government exercising their powers on a permanent basis do not have the right to engage in entrepreneurial or other paid activities, with the exception of pedagogical, scientific and other creative activities.

    Guarantees of the rights of deputies, members of elected bodies of local self-government, elected officials of local self-government when they are brought to criminal or administrative liability, detention, arrest, search, interrogation, commission of other criminal procedural and administrative procedural actions against them, as well as when carrying out operational-search activities against deputies, members of elected local government bodies, elected officials of local government, residential and (or) occupied by them office space, their luggage, personal and official Vehicle, correspondence, means of communication used by them, documents belonging to them are established by federal laws.

    A deputy, a member of an elected body of local self-government, an elected official of local self-government cannot be brought to criminal or administrative liability for an opinion expressed, a position expressed during voting, and other actions corresponding to the status of a deputy, a member of an elected body of local self-government, an elected official of a local self-government self-government, including after the expiration of their term of office. This provision does not apply to cases when a deputy, member of an elected local government body, elected official local governments were allowed public insults, slander or other violations, liability for which is provided for by federal law.

    Question 2. Local budget.

    Each municipality has its own budget (local budget).

    The budget of the municipal district and the set of budgets of the settlements that are part of the municipal district constitute the consolidated budget of the municipal district.

    As an integral part of settlement budgets, estimates of income and expenses of individual settlements that are not settlements may be provided. The procedure for the development, approval and execution of these estimates is determined independently by the local government bodies of the relevant settlements.

    Local government bodies ensure the balance of local budgets and compliance with the requirements established by federal laws for the regulation of budget legal relations, implementation budget process, the size of the local budget deficit, the level and composition of municipal debt, the fulfillment of budgetary and debt obligations of municipalities.

    Formation, approval, execution of the local budget and control over its implementation are carried out by local government bodies independently in compliance with the requirements established Budget Code of the Russian Federation and this Federal Law, as well as the laws of the constituent entities of the Russian Federation adopted in accordance with them.

    Local government bodies, in the manner established by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, submit reports on the execution of local budgets to federal government bodies and (or) government bodies of constituent entities of the Russian Federation.

    Local budgets separately provide for income allocated to the exercise of powers of local government bodies to resolve issues of local importance, and subventions provided to ensure the exercise by local government bodies of certain state powers delegated to them by federal laws and laws of the constituent entities of the Russian Federation, as well as carried out at the expense of these income and subventions corresponding to expenses of local budgets.

    The draft local budget, the decision to approve the local budget, the annual report on its implementation, quarterly information on the progress of execution of the local budget and on the number of municipal employees of local government bodies, employees of municipal institutions, indicating the actual costs of their monetary support, are subject to official publication.

    Local government bodies of the settlement provide residents of the settlement with the opportunity to familiarize themselves with specified documents and information if it is impossible to publish it.

    Own revenues of local budgets include:

    Income from municipally owned property;

    Part of the profit of municipal enterprises remaining after paying taxes and fees and making other obligatory payments, in the amounts established by regulatory legal acts of the representative bodies of the municipality, and part of the income from the provision of local government bodies and municipal institutions paid services remaining after paying taxes and fees;

    Fines, the establishment of which, in accordance with federal law, is within the competence of local government bodies;

    Voluntary donations;

    Municipal order

    Local government bodies and those authorized by them municipal institutions may act as customers for the supply of goods, performance of work and provision of services related to the resolution of issues of local importance and the exercise of certain state powers delegated to local governments by federal laws and laws of the constituent entities of the Russian Federation.

    The municipal order for the supply of goods, performance of work and provision of services is paid for from the local budget. The placement of the specified municipal order is carried out on a competitive basis, with the exception of cases when the placement of a municipal order is carried out by requesting price quotes for goods, works and services, or cases of procurement of goods, works and services from a single contractor.

    The procedure for the formation, placement, execution and control over the execution of a municipal order is established by the charter of the municipal formation and regulatory legal acts of local government bodies in accordance with federal laws and other regulatory legal acts of the Russian Federation.

    Ticket 25.

    Question 1. Local government in cities of federal significance.

    Features of the organization of local self-government in the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg

    In the federal cities of Moscow and St. Petersburg, in accordance with the statutes of the indicated constituent entities of the Russian Federation, local self-government is carried out by local government bodies in intra-city territories.
    In the federal cities of Moscow and St. Petersburg, the establishment and change of the boundaries of intra-city municipalities and their transformation are carried out by the laws of the federal cities of Moscow and St. Petersburg, taking into account the opinion of the population of the corresponding intra-city territories.

    The list of issues of local importance, sources of income of local budgets of intra-city municipalities of federal cities of Moscow and St. Petersburg are determined by the laws of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg based on the need to preserve the unity of the municipal economy. The sources of income of local budgets established by this Federal Law and other federal laws, which are not classified by the laws of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg as sources of income of the budgets of intra-city municipalities, are credited to the budgets of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg.

    The powers of local government bodies provided for by federal laws to resolve issues of local significance are exercised by local government bodies of intracity municipalities of federal cities of Moscow and St. Petersburg in the event that the relevant issues are defined as issues of local significance by the laws of the constituent entities of the Russian Federation - the federal cities of Moscow and St. -Petersburg.

    The composition of municipal property of intracity municipalities of federal cities of Moscow and St. Petersburg is determined by the laws of the constituent entities of the Russian Federation - federal cities of Moscow and St. Petersburg in accordance with parts 1 - 3 of Article 50 of this Federal Law and the list of issues of local significance established for these municipal formations by the laws of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg.

    Question 2. Early termination of powers of a representative body of a municipality.

    The powers of the representative body of a municipal formation, regardless of the procedure for its formation, may be terminated early if the relevant court establishes that the representative body has adopted a normative legal act, contrary to the Constitution of the Russian Federation, federal constitutional laws, federal laws, the constitution (charter), laws of a subject of the Federation, the charter of a municipal entity, and the representative body did not accept the within the limits of its powers, measures to implement the court decision, including not canceling the relevant regulatory legal act.

    The powers of the representative body of a municipality may also be terminated in the following cases:

    adoption by the said body of a decision on self-dissolution. In this case, the decision on self-dissolution is made in the manner determined by the charter of the municipality. As a rule, a motivated initiative for self-dissolution can be made by a group of deputies numbering at least half of the established number of deputies of a representative body by submitting a written application. The application is signed by each of the indicated deputies. The decision on self-dissolution is usually made by at least two-thirds of the votes of the established number of deputies of the representative body;

    entry into force of the decision accordingly supreme court republics, territories, regions, federal cities, autonomous regions, autonomous districts on incompetence of this composition deputies of the representative body of the municipality, including in connection with the resignation of deputies of their powers;

    transformation of the municipality.

    Early termination of the powers of a representative body entails the early termination of the powers of its deputies.

    When early termination powers of a representative body consisting of deputies elected directly by the population, early election to the specified representative body are carried out within the time limits established by federal law.

    In the event of early termination of the powers of the representative body of a municipal district, formed according to the second option we discussed above, the representative bodies of the relevant settlements are obliged to elect other deputies to the representative body of the municipal district within one month.