Powers to resolve local issues. To resolve issues of local importance


These are the rights and responsibilities of the ICJ bodies to resolve issues local significance. General powers established in Art. 17 of the Law. However, this article contains only part of the powers and these powers are not delimited between specific bodies of the MC. Other powers may be contained in the Federal Law and the Charter of the Moscow Region.

· Secured exclusively for the purpose of resolving issues of local importance

· The list in Article 17 is not exhaustive

The powers of the MC bodies are exercised by them independently. Subordination of the MC body of one MO to the MC body of another MO is not allowed. But compulsory medical insurance of individual settlements that are part of municipal district has the right to enter into agreements with the bodies of the Municipality Council of the municipal district on transferring to them the exercise of part of their powers. And vice versa, Compulsory medical insurance of municipal district has the right to enter into agreements with the bodies of the local government of individual settlements included in its composition on the transfer of part of its powers to them. The transferred powers are exercised at the expense of the budgets of the MO that transfers the powers.

In order to resolve issues of local importance, local self-government bodies of settlements, municipal districts and urban districts have the following powers:

* Adoption of the charter of the Moscow Region and introduction of amendments and additions to it, publication of municipal legal acts;

* Establishment of official symbols of the Moscow Region;

* Creation of municipal enterprises and institutions, financing municipal institutions, formation and placement of municipal orders;

* Establishment of tariffs for services provided by municipal enterprises and institutions, unless otherwise provided by federal laws;

* Regulation of tariffs for goods and services of organizations communal complex(except for tariffs for goods and services of public utility organizations

* Organizational and logistical support for the preparation and conduct of municipal elections, local referendums, voting on the recall of a deputy, member of the elected body of the MS, elected d/l of the MS, voting on issues of changing the borders of a municipal district, transformation of a municipal district;

* Adoption and organization of implementation of plans and programs for the comprehensive socio-economic development of the Moscow Region, as well as organization of the collection of statistical indicators characterizing the state of the economy and social sphere MO, and provision of the specified data to the State Duma in the manner established by the Government Russian Federation; etc.

To resolve problems, compulsory health insurance companies are vested with powers. Authority is a kind of right/obligation. On the one hand, the local self-government bodies have the right to decide on health insurance, but on the other hand, the local self-government bodies cannot help but resolve these issues.



If VMS are unique directions of municipal policy, then powers are specific actions that the local self-government body must take in order to implement these directions.

Peculiarities:

The main powers are enshrined in Article 17, however, it is not clear on what basis exactly these powers are included in Article 17; clause 9, clause 1 and clause 1.1 of Article 17 establish that the powers of the local self-government body are also established by other Federal Laws and statutes of local municipalities. (these points duplicate each other).

In Article 17, powers are not distributed among specific local self-government bodies.

The legislator does not fully distinguish between VZM and powers. Often he confuses these concepts. In Articles 14-16, the first issue of local importance is the approval of the local budget and control over its implementation; Clause 10 of Article 35 among the exclusive powers of the representative body municipality consolidates the approval of the local budget and control over its implementation.

Involving the population in socially significant work.

  • § 2. Development of local self-government in Russia in the ХII – ХХ centuries.V.
  • § 3. Stages of development of local self-government in modern Russia
  • § 4. The main content of the reform of local self-government in modern Russia
  • § 5. Local government in foreign countries
  • Chapter 3. Concept, principles and guarantees of local self-government
  • § 1. Concept, main features and essence of local government
  • § 2. Basic principles of local government
  • § 3. Functions of local government
  • § 4. General guarantees of local government
  • § 5. Special guarantees of local self-government
  • Chapter 4. Territorial foundations of local self-government
  • § 1. The meaning of territorial foundations
  • In the organization of local government
  • § 2. Concept and types of municipalities
  • § 3. Hierarchy of municipalities
  • § 4. Composition of the territory of the municipality
  • § 5. Requirements for establishing and changing the boundaries of a municipality
  • § 6. Legal regulation of the organization of local self-government in territories with a special management procedure
  • § 7. Powers of state authorities of the constituent entities of the Russian Federation in the field of territorial organization of local self-government
  • § 8. The role of forms of direct implementation by the population of local self-government in its territorial organization
  • Chapter 5. Local government system
  • § 1. Local government system: concept, main elements
  • § 2. The place of forms of direct democracy in the system of local self-government
  • § 3. Place of local governments in the system
  • Public management of Russian society.
  • Local government bodies and officials:
  • Types, legal regulation of activities
  • § 4. Territorial public self-government: goals of the organization and benefits for the population
  • Chapter 6. Forms of direct participation of the population in the implementation of local self-government
  • § 1. Local referendum
  • § 2. Municipal elections
  • § 3. Recall of a deputy, member of an elected local government body
  • § 4. Voting on issues of changing the boundaries of a municipal entity, transformation of a municipal entity
  • § 5. Gathering of citizens
  • § 6. Law-making initiative of citizens
  • § 7. Public hearings
  • § 8. Meetings of citizens
  • § 9. Citizens' Conference
  • § 10. Survey of citizens
  • § 11. Appeals from citizens to local government bodies
  • § 12. General characteristics of other forms of direct exercise of local self-government by the population
  • Chapter 7. Bodies and officials of local government
  • § 1. Structure of local government bodies
  • Part 1 art. 34 of Federal Law No. 131-FZ determines that the structure of local government bodies consists of:
  • § 2. Classification of local government bodies and officials
  • § 3. Representative body of local government
  • § 4. Head of the municipality
  • § 5. Organization of activities of local administration
  • § 6. Control body of the municipality
  • § 7. Election commission of the municipality
  • § 8. Status of a deputy, member of an elected body of local government, elected official of local government
  • § 9. Legal regulation of municipal service under Russian legislation
  • § 10. Types of municipal positions of the municipal service and basic requirements for them
  • § 11. Legal status of a municipal employee
  • § 12. Restrictions imposed on municipal employees in connection with the performance of their duties in municipal service
  • Chapter 8. Intermunicipal cooperation
  • § 1. The essence and forms of intermunicipal cooperation
  • § 2. Intermunicipal associations
  • § 3. System of support for local self-government by federal government bodies of the Russian Federation
  • § 4. System of support for local self-government by state authorities of the constituent entities of the Russian Federation
  • Chapter 9. Legal foundations of local self-government
  • § 1. Municipal legal acts: concept, types, system
  • § 2. Charter of the municipality: concept and content
  • § 3. Features of the development of the draft charter of the municipality, its adoption and state registration
  • § 4. Municipal rule-making
  • § 5. Official symbols of municipalities
  • Chapter 10. Economic basis of local government
  • § 1. The concept of the economic basis of local government
  • § 2. The concept and nature of municipal property
  • § 3. Types of municipal property
  • § 4. Legal basis for the activities of municipal unitary enterprises
  • § 5. Fundamentals of the municipal budget process
  • § 6. Municipal order: concept, features
  • § 7. Revenues of local budgets
  • § 8. Local taxes and fees: concept and types
  • § 9. Means of self-taxation of citizens
  • § 10. Main directions of local budget expenditures
  • Chapter 11.
  • § 2. Powers of local governments: concept and legal regulation
  • § 3. Issues of local importance: concept, classification
  • § 4. Powers of local governments to resolve issues of local importance
  • § 5. The procedure for vesting local government bodies with certain state powers and their implementation
  • Chapter 4 of Federal Law No. 131-FZ regulates the procedure for vesting local government bodies with certain state powers.
  • Chapter 12.
  • § 2. State and non-state actors ensuring security on the territory of the municipality
  • § 3. Participation of citizens in ensuring security: essence, types of organizational and legal forms, problems of legal regulation
  • § 4. Police as the main subject of ensuring security on the territory of the municipality
  • § 5. Interaction between the police and law enforcement agencies,
  • Non-state formations,
  • Security media
  • On the territory of the municipality
  • Chapter 13.
  • § 2. Prosecutor's supervision over the activities of local government bodies and officials
  • § 3. Administrative control over the activities of local government bodies and officials
  • § 4. Municipal control over the activities of local government bodies and officials
  • § 5. Appeal to the court of decisions and actions (inaction) of local government bodies and officials
  • Chapter 14. Responsibility in municipal law
  • § 1. General characteristics of liability in municipal law
  • § 2. Responsibility of deputies, members of elected local government bodies, elected officials of local government to the population
  • § 3. Responsibility of local government bodies and officials to individuals and legal entities
  • § 4. Responsibility of the representative body of local self-government to the state
  • § 5. Responsibility of the head of the municipality and the head of the local administration to the state
  • § 6. Temporary exercise by public authorities of certain powers of local governments
  • Conclusion
  • Applications
  • § 4. Powers of bodies local government on solving local issues

    The powers exercised by local government bodies can be divided into:

      general powers;

      powers of a specific nature.

    Thus, the district administration manages the district civil registration authorities, manages civil defense in the region, assists the courts, prosecutors and justice in their work, etc. These powers to manage certain bodies and provide assistance in their work are of a general nature. General powers are assigned by law to representative bodies of local self-government, for example, monitoring the activities of the head of local government (head of administration).

    Specific powers are associated with resolving certain issues of current and operational management.

    The powers of local government include:

      “own” powers of local government, i.e. those powers that are recognized by the state for local self-government (local community) and which ensure that the population independently resolves issues of local importance;

      separate government powers, with which local government bodies may be vested by law, which must be carried out with the simultaneous transfer of the material and financial resources(Article 132 of the Constitution of the Russian Federation).

    Local government bodies have their own powers, assigned to them by legal acts establishing their legal status. Their powers are derived from the powers of local self-government (local community), which are recognized and guaranteed by the Constitution of the Russian Federation and which cannot be limited by federal government bodies, bodies state power subjects of the Russian Federation. State authorities do not have the right to independently accept for their consideration issues falling within the competence of local government bodies.

    Local government bodies may transfer part of their powers to other local government bodies on a contractual basis. At the same time, local government bodies do not have the right to accept, on their own initiative, for consideration issues that fall within the competence of other local government bodies. At the same time, local government bodies have the right to transfer part of their powers to bodies of territorial public self-government, to establish areas of joint competence with bodies of territorial public self-government of the population in agreement with them.

    The legislation of many foreign countries divides the powers local authorities into: 1) mandatory (established by law and given national significance), 2) delegated / entrusted (following from instructions given from above on the basis of laws), 3) optional / voluntary (implemented by local governments at their discretion).

    Russian legislation does not provide for such a distinction, although in practice such a division actually exists. For example, currently local governments are entrusted with state powers, which are regarded as a state responsibility. Thus, in accordance with the Federal Law of 2002 “On Basic Guarantees voting rights and the right to participate in a referendum of citizens of the Russian Federation" local government bodies during federal and regional elections and referendums are obliged to register (register) voters and referendum participants, create polling stations, provide the necessary premises, transport, communications, technical equipment, etc. .

    The main powers of local governments to resolve issues of local importance enshrined in Art. 17 of Law No. 131-FZ:

    1) adoption of the charter of the municipality and introduction of amendments and additions to it, publication of municipal legal acts;

    2) establishment of official symbols of the municipality;

    3) the creation of municipal enterprises and institutions, the implementation of financial support for the activities of municipal government institutions and financial support for the implementation of municipal tasks by budgetary and autonomous municipal institutions, as well as the formation and placement of municipal orders;

    4) establishment of tariffs for services provided by municipal enterprises and institutions, and work performed by municipal enterprises and institutions, unless otherwise provided by federal laws;

    5) regulation of tariffs for connection to the public utility infrastructure system, tariffs of public utility organizations for connection, surcharges on tariffs for goods and services of public utility organizations, surcharges on prices (tariffs) for consumers;

    6) powers to organize heat supply;

    7) powers in the field of water supply and sanitation;

    8) organizational and logistical support for the preparation and conduct of municipal elections, local referendums, voting on the recall of a deputy, member of an elected body of local self-government, elected official of local self-government, voting on issues of changing the boundaries of a municipal entity, transformation of a municipal entity;

    9) adoption and organization of implementation of plans and programs for the comprehensive socio-economic development of the municipality, as well as organization of the collection of statistical indicators characterizing the state of the economy and social sphere of the municipality, and provision of the specified data to government bodies;

    10) development and approval of programs for the integrated development of communal infrastructure systems in settlements and urban districts;

    11) establishment of a print media outlet for the publication of municipal legal acts, discussion of draft municipal legal acts on issues of local importance, bringing to the attention of residents of the municipality official information on the socio-economic and cultural development of the municipality, on the development of its public infrastructure and other official information;

    12) implementation of international and foreign economic relations in accordance with federal laws;

    13) organization of training, retraining and advanced training of elected officials of local self-government, members of elected bodies of local self-government, deputies of representative bodies of municipalities, as well as professional training, retraining and advanced training of municipal employees and employees of municipal institutions;

    13) approval and implementation of municipal programs in the field of energy saving and increase energy efficiency, organization of energy survey apartment buildings, the premises in which constitute municipal housing stock within the boundaries of the municipality, organization and implementation of other events provided for by legislation on energy saving and increasing energy efficiency;

    14) other powers in accordance with this Federal Law and the charters of municipalities.

    Let us note that on issues classified in accordance with Articles 14, 15 and 16 of Federal Law No. 131-FZ as issues of local importance, federal laws and charters of municipalities may establish the powers of local government bodies to resolve these issues of local importance.

    All powers of local government bodies are exercised by local government bodies independently. Subordination of a local government body or local government official of one municipal formation to a local government body or local government official of another municipal formation is not permitted.

    As already noted, local government bodies also have so-called optional powers, not only their own powers to resolve issues of local importance and certain state powers delegated to them, but also powers to resolve other issues (optional subjects of jurisdiction) that do not relate to issues of local importance , but which local governments can voluntarily accept for their consideration in accordance with the law. Such powers are enshrined in Federal Law No. 131-FZ separately for settlements, municipal districts and urban districts (Articles 14.1, 15.1 and 16.1 of the Law).

    Article 14.1. Rights of bodies

    local self-government of settlements to resolve issues not classified as issues of local importance of settlements

    Article 15.1. Rights of bodies

    local self-government of a municipal district to resolve issues not classified as issues of local importance of municipal districts

    Article 16.1. Rights of bodies

    local government of the urban district to resolve issues not classified as issues of local importance of the urban district

    1) creation of museums of the settlement;

    1) creation of museums in the municipal district;

    1) creation of museums in the city district;

    3) committing notarial actions provided for by law, in the absence of a notary in the settlement;

    3) participation in the implementation of guardianship and trusteeship activities;

    4) participation in the implementation of guardianship and trusteeship activities;

    5) implementation of financing and co-financing overhaul residential buildings that were municipally owned before March 1, 2005;

    6) creating conditions for the implementation of activities related to the implementation of the rights of local national-cultural autonomies on the territory of the settlement;

    4) creating conditions for the implementation of activities related to the implementation of the rights of local national-cultural autonomies on the territory of the municipal district;

    6) creating conditions for the implementation of activities related to the implementation of the rights of local national-cultural autonomies in the territory of the urban district;

    7) providing assistance to the national and cultural development of the peoples of the Russian Federation and the implementation of activities in the field of interethnic relations on the territory of the settlement;

    5) providing assistance to the national and cultural development of the peoples of the Russian Federation and the implementation of activities in the field of interethnic relations in the territory of the municipal district;

    7) providing assistance to the national and cultural development of the peoples of the Russian Federation and the implementation of activities in the field of interethnic relations in the territory of the urban district;

    7) carrying out the functions of the founder of municipal educational institutions of higher professional education, which are under their jurisdiction as of December 31, 2008;

    3) creation of municipal educational institutions of higher professional education;

    8) creating conditions for the development of tourism;

    9) creating conditions for the development of tourism;

    8.1) creation of a municipal fire department;

    9) providing support to public supervisory commissions carrying out public control ensuring human rights and assistance to persons in places of forced detention;

    10) providing support to public monitoring commissions that exercise public control over the provision of human rights and assistance to persons in places of forced detention;

    10) providing support to public associations of disabled people, as well as organizations created by all-Russian public associations of disabled people in accordance with the Federal Law of November 24, 1995 No. 181-FZ "On social protection disabled people in the Russian Federation."

    11) providing support to public associations of disabled people, as well as organizations created by all-Russian public associations of disabled people in accordance with Federal Law No. 181-FZ of November 24, 1995 “On the social protection of disabled people in the Russian Federation”.

    8) participation in the organization and implementation of measures for mobilization preparation of municipal enterprises and institutions located on the territory of the settlement.

    1. In order to resolve issues of local importance, local government bodies of settlements, municipal districts and urban districts have the following powers:

    1) adoption of the charter of the municipality and introduction of amendments and additions to it, publication of municipal legal acts;

    2) establishment of official symbols of the municipality;

    3) creation of municipal enterprises and institutions, financing of municipal institutions, formation and placement of municipal orders;

    4) establishment of tariffs for services provided by municipal enterprises and institutions, unless otherwise provided by federal laws;

    5) organizational and logistical support for the preparation and conduct of municipal elections, local referendums, voting on the recall of a deputy, member of an elected body of local self-government, elected official of local self-government, voting on issues of changing the boundaries of a municipal entity, transformation of a municipal entity;

    6) adoption and organization of implementation of plans and programs for the comprehensive socio-economic development of the municipality, as well as organization of the collection of statistical indicators characterizing the state of the economy and social sphere of the municipality, and provision of the specified data to public authorities in the manner established by the Government of the Russian Federation;

    7) establishment of a print media outlet for the publication of municipal legal acts and other official information;

    8) implementation of international and foreign economic relations in accordance with federal laws;

    9) other powers in accordance with this Federal Law and the charters of municipalities.

    2. Local self-government bodies of settlements and local self-government bodies of urban districts have the right, in accordance with the charters of municipalities, to make decisions on attracting citizens to carry out, on a voluntary basis, socially significant work for the settlement and urban district (including duty) in order to resolve issues of local importance to the settlements , provided for in paragraphs 8, 9, 15 and 19 of part 1 of Article 14 of this Federal Law, and issues of local importance of urban districts provided for in paragraphs 8 - 11, 20 and 25 of part 1 of Article 16 of this Federal Law.

    Only work that does not require special professional training can be classified as socially significant work.

    Adult able-bodied residents of settlements and urban districts may be involved in performing socially significant work in their free time from their main work or study. free of charge no more than once every three months. At the same time, the duration of socially significant work cannot be more than four hours in a row.

    3. The powers of local self-government bodies established by this article are exercised by local self-government bodies of settlements, local self-government bodies of urban districts and local self-government bodies of municipal districts independently. Subordination of a local government body or local government official of one municipal formation to a local government body or local government official of another municipal formation is not permitted.

  • § 2. Development of local self-government in Russia in the ХII – ХХ centuries.V.
  • § 3. Stages of development of local self-government in modern Russia
  • § 4. The main content of the reform of local self-government in modern Russia
  • § 5. Local government in foreign countries
  • Chapter 3. Concept, principles and guarantees of local self-government
  • § 1. Concept, main features and essence of local government
  • § 2. Basic principles of local government
  • § 3. Functions of local government
  • § 4. General guarantees of local government
  • § 5. Special guarantees of local self-government
  • Chapter 4. Territorial foundations of local self-government
  • § 1. The meaning of territorial foundations
  • In the organization of local government
  • § 2. Concept and types of municipalities
  • § 3. Hierarchy of municipalities
  • § 4. Composition of the territory of the municipality
  • § 5. Requirements for establishing and changing the boundaries of a municipality
  • § 6. Legal regulation of the organization of local self-government in territories with a special management procedure
  • § 7. Powers of state authorities of the constituent entities of the Russian Federation in the field of territorial organization of local self-government
  • § 8. The role of forms of direct implementation by the population of local self-government in its territorial organization
  • Chapter 5. Local government system
  • § 1. Local government system: concept, main elements
  • § 2. The place of forms of direct democracy in the system of local self-government
  • § 3. Place of local governments in the system
  • Public management of Russian society.
  • Local government bodies and officials:
  • Types, legal regulation of activities
  • § 4. Territorial public self-government: goals of the organization and benefits for the population
  • Chapter 6. Forms of direct participation of the population in the implementation of local self-government
  • § 1. Local referendum
  • § 2. Municipal elections
  • § 3. Recall of a deputy, member of an elected local government body
  • § 4. Voting on issues of changing the boundaries of a municipal entity, transformation of a municipal entity
  • § 5. Gathering of citizens
  • § 6. Law-making initiative of citizens
  • § 7. Public hearings
  • § 8. Meetings of citizens
  • § 9. Citizens' Conference
  • § 10. Survey of citizens
  • § 11. Appeals from citizens to local government bodies
  • § 12. General characteristics of other forms of direct exercise of local self-government by the population
  • Chapter 7. Bodies and officials of local government
  • § 1. Structure of local government bodies
  • Part 1 art. 34 of Federal Law No. 131-FZ determines that the structure of local government bodies consists of:
  • § 2. Classification of local government bodies and officials
  • § 3. Representative body of local government
  • § 4. Head of the municipality
  • § 5. Organization of activities of local administration
  • § 6. Control body of the municipality
  • § 7. Election commission of the municipality
  • § 8. Status of a deputy, member of an elected body of local government, elected official of local government
  • § 9. Legal regulation of municipal service under Russian legislation
  • § 10. Types of municipal positions of the municipal service and basic requirements for them
  • § 11. Legal status of a municipal employee
  • § 12. Restrictions imposed on municipal employees in connection with the performance of their duties in municipal service
  • Chapter 8. Intermunicipal cooperation
  • § 1. The essence and forms of intermunicipal cooperation
  • § 2. Intermunicipal associations
  • § 3. System of support for local self-government by federal government bodies of the Russian Federation
  • § 4. System of support for local self-government by state authorities of the constituent entities of the Russian Federation
  • Chapter 9. Legal foundations of local self-government
  • § 1. Municipal legal acts: concept, types, system
  • § 2. Charter of the municipality: concept and content
  • § 3. Features of the development of the draft charter of the municipality, its adoption and state registration
  • § 4. Municipal rule-making
  • § 5. Official symbols of municipalities
  • Chapter 10. Economic basis of local government
  • § 1. The concept of the economic basis of local government
  • § 2. The concept and nature of municipal property
  • § 3. Types of municipal property
  • § 4. Legal basis for the activities of municipal unitary enterprises
  • § 5. Fundamentals of the municipal budget process
  • § 6. Municipal order: concept, features
  • § 7. Revenues of local budgets
  • § 8. Local taxes and fees: concept and types
  • § 9. Means of self-taxation of citizens
  • § 10. Main directions of local budget expenditures
  • Chapter 11.
  • § 2. Powers of local governments: concept and legal regulation
  • § 3. Issues of local importance: concept, classification
  • § 4. Powers of local governments to resolve issues of local importance
  • § 5. The procedure for vesting local government bodies with certain state powers and their implementation
  • Chapter 4 of Federal Law No. 131-FZ regulates the procedure for vesting local government bodies with certain state powers.
  • Chapter 12.
  • § 2. State and non-state actors ensuring security on the territory of the municipality
  • § 3. Participation of citizens in ensuring security: essence, types of organizational and legal forms, problems of legal regulation
  • § 4. Police as the main subject of ensuring security on the territory of the municipality
  • § 5. Interaction between the police and law enforcement agencies,
  • Non-state formations,
  • Security media
  • On the territory of the municipality
  • Chapter 13.
  • § 2. Prosecutor's supervision over the activities of local government bodies and officials
  • § 3. Administrative control over the activities of local government bodies and officials
  • § 4. Municipal control over the activities of local government bodies and officials
  • § 5. Appeal to the court of decisions and actions (inaction) of local government bodies and officials
  • Chapter 14. Responsibility in municipal law
  • § 1. General characteristics of liability in municipal law
  • § 2. Responsibility of deputies, members of elected local government bodies, elected officials of local government to the population
  • § 3. Responsibility of local government bodies and officials to individuals and legal entities
  • § 4. Responsibility of the representative body of local self-government to the state
  • § 5. Responsibility of the head of the municipality and the head of the local administration to the state
  • § 6. Temporary exercise by public authorities of certain powers of local governments
  • Conclusion
  • Applications
  • § 4. Powers of local governments to resolve issues of local importance

    The powers exercised by local government bodies can be divided into:

      general powers;

      powers of a specific nature.

    Thus, the district administration manages the district civil registration authorities, manages civil defense in the region, assists the courts, prosecutors and justice in their work, etc. These powers to manage certain bodies and provide assistance in their work are of a general nature. General powers are assigned by law to representative bodies of local self-government, for example, monitoring the activities of the head of local government (head of administration).

    Specific powers are associated with resolving certain issues of current and operational management.

    The powers of local government include:

      “own” powers of local government, i.e. those powers that are recognized by the state for local self-government (local community) and which ensure that the population independently resolves issues of local importance;

      certain state powers that may be vested by law in local governments, which must be carried out with the simultaneous transfer of the material and financial resources necessary for their implementation (Article 132 of the Constitution of the Russian Federation).

    Local government bodies have their own powers, assigned to them by legal acts establishing their legal status. Their powers are derived from the powers of local self-government (local community), which are recognized and guaranteed by the Constitution of the Russian Federation and which cannot be limited by federal government bodies, government bodies of constituent entities of the Russian Federation. State authorities do not have the right to independently accept for their consideration issues falling within the competence of local government bodies.

    Local government bodies may transfer part of their powers to other local government bodies on a contractual basis. At the same time, local government bodies do not have the right to accept, on their own initiative, for consideration issues that fall within the competence of other local government bodies. At the same time, local government bodies have the right to transfer part of their powers to bodies of territorial public self-government, to establish areas of joint competence with bodies of territorial public self-government of the population in agreement with them.

    The legislation of many foreign countries divides the powers of local authorities into: 1) mandatory (established by law and given national significance), 2) delegated / entrusted (following from instructions given from above on the basis of laws), 3) optional / voluntary (implemented by local governments according to at your own discretion).

    Russian legislation does not provide for such a distinction, although in practice such a division actually exists. For example, currently local governments are entrusted with state powers, which are regarded as a state responsibility. Thus, in accordance with the 2002 Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation,” local government bodies during federal and regional elections and referendums are required to register (register) voters and referendum participants, create polling stations, provide the necessary premises, transport, communications, technical equipment, etc.

    The main powers of local governments to resolve issues of local importance enshrined in Art. 17 of Law No. 131-FZ:

    1) adoption of the charter of the municipality and introduction of amendments and additions to it, publication of municipal legal acts;

    2) establishment of official symbols of the municipality;

    3) the creation of municipal enterprises and institutions, the implementation of financial support for the activities of municipal government institutions and financial support for the implementation of municipal tasks by budgetary and autonomous municipal institutions, as well as the formation and placement of municipal orders;

    4) establishment of tariffs for services provided by municipal enterprises and institutions, and work performed by municipal enterprises and institutions, unless otherwise provided by federal laws;

    5) regulation of tariffs for connection to the public utility infrastructure system, tariffs of public utility organizations for connection, surcharges on tariffs for goods and services of public utility organizations, surcharges on prices (tariffs) for consumers;

    6) powers to organize heat supply;

    7) powers in the field of water supply and sanitation;

    8) organizational and logistical support for the preparation and conduct of municipal elections, local referendums, voting on the recall of a deputy, member of an elected body of local self-government, elected official of local self-government, voting on issues of changing the boundaries of a municipal entity, transformation of a municipal entity;

    9) adoption and organization of implementation of plans and programs for the comprehensive socio-economic development of the municipality, as well as organization of the collection of statistical indicators characterizing the state of the economy and social sphere of the municipality, and provision of the specified data to government bodies;

    10) development and approval of programs for the integrated development of communal infrastructure systems in settlements and urban districts;

    11) establishment of a print media outlet for the publication of municipal legal acts, discussion of draft municipal legal acts on issues of local importance, bringing to the attention of residents of the municipality official information on the socio-economic and cultural development of the municipality, the development of its public infrastructure and other official information ;

    12) implementation of international and foreign economic relations in accordance with federal laws;

    13) organization of training, retraining and advanced training of elected officials of local self-government, members of elected bodies of local self-government, deputies of representative bodies of municipalities, as well as professional training, retraining and advanced training of municipal employees and employees of municipal institutions;

    13) approval and implementation of municipal programs in the field of energy saving and increasing energy efficiency, organizing an energy inspection of apartment buildings, the premises of which constitute the municipal housing stock within the boundaries of the municipality, organizing and carrying out other activities provided for by legislation on energy saving and increasing energy efficiency;

    14) other powers in accordance with this Federal Law and the charters of municipalities.

    Let us note that on issues classified in accordance with Articles 14, 15 and 16 of Federal Law No. 131-FZ as issues of local importance, federal laws and charters of municipalities may establish the powers of local government bodies to resolve these issues of local importance.

    All powers of local government bodies are exercised by local government bodies independently. Subordination of a local government body or local government official of one municipal formation to a local government body or local government official of another municipal formation is not permitted.

    As already noted, local government bodies also have so-called optional powers, not only their own powers to resolve issues of local importance and certain state powers delegated to them, but also powers to resolve other issues (optional subjects of jurisdiction) that do not relate to issues of local importance , but which local governments can voluntarily accept for their consideration in accordance with the law. Such powers are enshrined in Federal Law No. 131-FZ separately for settlements, municipal districts and urban districts (Articles 14.1, 15.1 and 16.1 of the Law).

    Article 14.1. Rights of bodies

    local self-government of settlements to resolve issues not classified as issues of local importance of settlements

    Article 15.1. Rights of bodies

    local self-government of a municipal district to resolve issues not classified as issues of local importance of municipal districts

    Article 16.1. Rights of bodies

    local government of the urban district to resolve issues not classified as issues of local importance of the urban district

    1) creation of museums of the settlement;

    1) creation of museums in the municipal district;

    1) creation of museums in the city district;

    3) performing notarial acts provided for by law in the absence of a notary in the settlement;

    3) participation in the implementation of guardianship and trusteeship activities;

    4) participation in the implementation of guardianship and trusteeship activities;

    5) financing and co-financing the capital repairs of residential buildings that were municipally owned before March 1, 2005;

    6) creating conditions for the implementation of activities related to the implementation of the rights of local national-cultural autonomies on the territory of the settlement;

    4) creating conditions for the implementation of activities related to the implementation of the rights of local national-cultural autonomies on the territory of the municipal district;

    6) creating conditions for the implementation of activities related to the implementation of the rights of local national-cultural autonomies in the territory of the urban district;

    7) providing assistance to the national and cultural development of the peoples of the Russian Federation and the implementation of activities in the field of interethnic relations on the territory of the settlement;

    5) providing assistance to the national and cultural development of the peoples of the Russian Federation and the implementation of activities in the field of interethnic relations in the territory of the municipal district;

    7) providing assistance to the national and cultural development of the peoples of the Russian Federation and the implementation of activities in the field of interethnic relations in the territory of the urban district;

    7) carrying out the functions of the founder of municipal educational institutions of higher professional education, which are under their jurisdiction as of December 31, 2008;

    3) creation of municipal educational institutions of higher professional education;

    8) creating conditions for the development of tourism;

    9) creating conditions for the development of tourism;

    8.1) creation of a municipal fire department;

    9) providing support to public monitoring commissions that exercise public control over the provision of human rights and assistance to persons in places of forced detention;

    10) providing support to public monitoring commissions that exercise public control over the provision of human rights and assistance to persons in places of forced detention;

    10) providing support to public associations of disabled people, as well as organizations created by all-Russian public associations of disabled people in accordance with Federal Law No. 181-FZ of November 24, 1995 “On the social protection of disabled people in the Russian Federation”.

    11) providing support to public associations of disabled people, as well as organizations created by all-Russian public associations of disabled people in accordance with Federal Law No. 181-FZ of November 24, 1995 “On the social protection of disabled people in the Russian Federation”.

    8) participation in the organization and implementation of measures for mobilization preparation of municipal enterprises and institutions located on the territory of the settlement.

    "

    3) creation of municipal enterprises and institutions, implementation financial security activities of municipal government institutions and financial support for the implementation of municipal tasks by budgetary and autonomous municipal institutions, as well as the procurement of goods, works, services to ensure municipal needs;

    4) establishment of tariffs for services provided by municipal enterprises and institutions, and work performed by municipal enterprises and institutions, unless otherwise provided by federal laws;

    (see text in the previous edition)

    (see text in the previous edition)

    4.2) powers to organize heat supply provided for by the Federal Law “On Heat Supply”;

    (clause 4.2 introduced by Federal Law dated July 27, 2010 N 191-FZ)

    4.3) powers in the field of water supply and sanitation provided for by the Federal Law “On Water Supply and Sanitation”;

    (clause 4.3 introduced by Federal Law dated December 7, 2011 N 417-FZ)

    4.4) powers in the field of strategic planning provided for by Federal Law of June 28, 2014 N 172-FZ “On Strategic Planning in the Russian Federation”;

    5) organizational and logistical support for the preparation and conduct of municipal elections, local referendums, voting on the recall of a deputy, member of an elected body of local self-government, elected official of local self-government, voting on issues of changing the boundaries of a municipal entity, transformation of a municipal entity;

    6) organizing the collection of statistical indicators characterizing the state of the economy and social sphere of the municipality, and providing the specified data to public authorities in the manner established by the Government of the Russian Federation;

    (see text in the previous edition)

    6.1) development and approval of programs for the integrated development of communal infrastructure systems of settlements, urban districts, programs for integrated development transport infrastructure settlements, urban districts, programs for the comprehensive development of social infrastructure of settlements, urban districts, the requirements for which are established by the Government of the Russian Federation;

    (see text in the previous edition)

    7) establishment of a print media outlet for the publication of municipal legal acts, discussion of draft municipal legal acts on issues of local importance, bringing to the attention of residents of the municipality official information on the socio-economic and cultural development of the municipality, the development of its public infrastructure and other official information ;

    (see text in the previous edition)

    8) implementation of international and foreign economic relations in accordance with federal laws;

    8.1) organization vocational education and additional professional education of elected officials of local self-government, members of elected bodies of local self-government, deputies of representative bodies of municipalities, municipal employees and employees of municipal institutions, organization of personnel training for municipal service in the manner prescribed by the legislation of the Russian Federation on education and the legislation of the Russian Federation on municipal service;

    (see text in the previous edition)

    8.2) approval and implementation of municipal programs in the field of energy saving and increasing energy efficiency, organizing an energy inspection of apartment buildings, the premises of which constitute the municipal housing stock within the boundaries of the municipality, organizing and carrying out other activities provided for by the legislation on energy saving and increasing energy efficiency;

    9) other powers in accordance with this Federal Law and the charters of municipalities.

    1.1. On issues classified in accordance with and this Federal Law as issues of local importance, federal laws, charters of municipalities may establish the powers of local government bodies to resolve these issues of local importance, and in the case provided for in Part 3 of Article 16.2 of this Federal Law, the specified powers may be established by the laws of the constituent entities of the Russian Federation.

    Organization of improvement and approval of rules for improvement in urban areas federal significance in accordance with this Federal Law are carried out in accordance with the laws of the constituent entities of the Russian Federation - cities of federal significance.

    (see text in the previous edition)

    1.2. The laws of a constituent entity of the Russian Federation, in cases established by federal laws, may carry out a redistribution of powers between local government bodies and state authorities of a constituent entity of the Russian Federation. Redistribution of powers is permitted for a period not less than the term of office of the legislative (representative) body of state power of a constituent entity of the Russian Federation. Such laws of a constituent entity of the Russian Federation come into force from the beginning of the next financial year.

    (see text in the previous edition)

    It is not allowed to include the powers of local self-government bodies in the areas of management among the powers of state authorities of a constituent entity of the Russian Federation municipal property, formation, approval and execution of the local budget, implementation of protection public order, establishing the structure of local government bodies, changing the boundaries of the territory of the municipality, as well as the powers provided for in paragraphs 1, , , 8 of part 1 of Article 17 and part 10 of Article 35

    2. Local self-government bodies of settlements, municipal, city districts, city districts with intra-city division, intra-city districts have the right, in accordance with the charters of municipalities, to make decisions on involving citizens in the implementation on a voluntary basis of socially significant for the settlement, municipal district, urban district, urban district with intra-city division, intra-city area of ​​work (including duty) in order to resolve issues of local importance of settlements provided for in paragraphs 7.1 -, and 19 of part 1 of Article 14 of this Federal Law, issues of local importance of municipal, city districts, city districts with intra-city division, provided for in paragraphs 7.1 -, and 25 of part 1 of article 16 of this Federal Law, issues of local importance of intra-city areas provided for in paragraphs 4, and 10 of part 1 of article 16.2 of this Federal Law.

    (see text in the previous edition)

    Only work that does not require special professional training can be classified as socially significant work.

    Adult able-bodied residents of settlements and urban districts may be involved in performing socially significant work in their free time from their main work or study on a free basis no more than once every three months. At the same time, the duration of socially significant work cannot be more than four hours in a row.

    2.1. Local self-government bodies of municipalities in the event of inclusion within their boundaries of territories that were previously part of closed administrative-territorial entities, in respect of which the President of the Russian Federation made a decision on transformation or abolition, in the manner established by the Law of the Russian Federation of July 14, 1992 N 3297 -1 “On a closed administrative-territorial entity”, keep records of citizens who have retained the right to receive social benefits to purchase residential premises outside the boundaries of these territories, determine the amount of the specified payment, monitor citizens’ compliance with the conditions for receiving it, and also have the right to pay the cost of travel for citizens and members of their families from their previous place of residence to their new place of residence and the cost of baggage transportation.

    3. The powers of local self-government bodies established by this article are exercised by local self-government bodies of municipalities independently. Subordination of a local government body or local government official of one municipal formation to a local government body or local government official of another municipal formation is not permitted.

    (see text in the previous edition)

    4. If in accordance with federal law and (or) laws of the constituent entities of the Russian Federation powers federal bodies state authorities, state authorities of the constituent entities of the Russian Federation are transferred to local government bodies, legal acts organs executive power RSFSR, legal acts of federal executive authorities, legal acts of regional, regional, city (cities of republican subordination) Councils of People's Deputies or their executive committees, regional, regional, city (federal cities) administrations, legal acts of government bodies of constituent entities of the Russian Federation, the powers to adopt which have been transferred to local government bodies are valid to the extent that does not contradict the legislation of the Russian Federation, until the adoption by local government bodies and the entry into force of municipal legal acts regulating the relevant legal relations. From the date of entry into force of municipal legal acts regulating the relevant legal relations, previously adopted legal acts of executive authorities of the RSFSR, legal acts of federal executive authorities, legal acts of regional, regional, city (cities of republican subordination) Councils of People's Deputies or their executive committees, regional , regional, city (federal cities) administrations, legal acts of state authorities of the constituent entities of the Russian Federation, which regulate such legal relations, are not applied.

    If, in accordance with federal law or laws of constituent entities of the Russian Federation, the powers of local government bodies are transferred to federal government bodies or government bodies of constituent entities of the Russian Federation, legal acts of executive authorities of the RSFSR, legal acts of federal executive authorities, legal acts of regional, regional, city (cities of republican subordination) Councils of People's Deputies or their executive committees, regional, regional, city (federal cities) administrations, legal acts of public authorities of the constituent entities of the Russian Federation, legal acts local councils people's deputies and local administrations districts, cities, districts in cities, towns, village councils, rural settlements, municipal legal acts, the powers to adopt which have been transferred to federal government bodies, government bodies of the constituent entities of the Russian Federation, are valid to the extent that does not contradict the legislation of the Russian Federation, until adopted by the federal government bodies, government bodies of the constituent entities of the Russian Federation and entry into force legal acts of the Russian Federation, legal acts of the constituent entities of the Russian Federation regulating relevant legal relations. From the date of entry into force of legal acts of the Russian Federation, legal acts of constituent entities of the Russian Federation regulating relevant legal relations, previously adopted legal acts of executive authorities of the RSFSR, legal acts of federal executive authorities, legal acts of regional, regional, city (cities of republican subordination) People's Councils deputies or their executive committees, regional, regional, city (federal cities) administrations, legal acts of state authorities of the constituent entities of the Russian Federation, legal acts of local Councils of People's Deputies and local administrations of districts, cities, districts in cities, towns, village councils, rural settlements points, municipal legal acts that regulate such legal relations do not apply.