8. Local self-government solves such issues as: the organization of electro-, heat, gas and water supply of the population, drainage, supplying the population of fuel; providing transport services; road activities; Creating conditions for providing communication, public catering, trade, etc.. There are 2 forms of local self-government: the immediate, in which citizens carry out local self-government independently (elections, referendum, surveys, etc.), and mediated, in which citizens choose a representative from the population acting in their interests. The essence of local self-enforced is that citizens can independently address issues that are affected by the usual life, participate in the implementation of power.
Local self-government - what is it, functions, rights and obligations
January 16, 2021.
Hello, dear blog readers KtonanovenKogo.ru.
Any state for performing functions assigned to it creates a certain structure of power (as?).
The structure has a hierarchical principle of construction. This means that lower links of the system are subject to higher (on the principle of children's pyramid).
Power in the Russian Federation is divided into government bodies and local government bodies.
Today we will look at what local self-government (MCS), analyze its place in the structure of power and find out what functions are imposed on local government bodies.
Local self-government is ...
We will analyze the term "local self-government" literally:
"Self-government" is the management of anything on its own, without the involvement of any organs and structures on the part;
"Local" means that self-government is carried out "in place", i.e. Where citizens live.
Consequently, local government is the activities of citizens to manage a certain territory and property, on it located, in the interests of the inhabitants of this territory.
The territory on which ISU is carried out (i.e., an administrative-territorial unit) is called Municipal education (municipality). And the property located on this administrative and territorial unit is called municipal property.
What is the essence of local self-government:
solving local issues;
Management of municipal property.
At the same time, the main thing in the ISU - Compliance with the interests of citizens living in the municipality.
The will of citizens of a particular municipality is expressed through the electoral authorities of the ISU, through a referendum (how?) Or in other ways (about them - in the article Next). The structure of elected bodies determines the population of this municipality.
And now all of the above - on the example. Suppose you live in a village or city. The territory of this settlement and the land adjacent to it is called municipal education (MO).
Manages the municipality (what is it?) And, accordingly, municipal property, a specially created management body - urban or rural council . He is the main body of local self-government, which is chosen by the population of the relevant MO.
Local self-government as a subject of power structure
We analyze the scheme of the structure of power in the Russian Federation (in Figure below). Power in the state is divided on 2 branches - State power and local self-government.
* When clicking on the picture it will open in full size in a new window
This scheme allocated only 2 main types of municipality. In fact, it is customary to distinguish 8 species of Moscow . We are clearly depicted in the following figure:
Read details about each of the specified MOs in this link.
Legislative Justification - Federal Law (FZ) 131
Self-management in places is carried out in strict accordance with the legislation of the Russian Federation. In art. 12 of the Constitution of the Russian Federation It is said:
In the Russian Federation, local self-government is recognized and guaranteed, which within its authority independently. Local governments are not included in the system of state authorities.
Article 130 of the Constitution enshrines the right to solve local issues and management of municipal property. Art. 132 talks about the possibility of transmitting MSU to some government powers and, accordingly, material (incl. Financial) funds for their execution.
In order for the rights and obligations of the ISU to be clearly regulated (as?), The legislator created and APPROVED Federal Law (FZ) No. 131 - Federal Law on Local Self-Government.
In this document The following points are prescribed :
the right of citizens on the ISU;
Principles of organization of the ISU;
What applies to local issues;
legal regulation of MSS activities;
MSU bodies and their responsibility for their activities;
Economic platform for MSS.
Local self-government is carried out through special bodies, which are chosen by the population of MO. Authorities are divided by Representative and managerial .
He heads their head of MO. The name of the chapter is approved by the statute of MO. It may be : "Mayor", "Chapter", "Street" etc.
Representative organ (Duma, Council, Meeting) is elected by the population of MO.
If the population of Mo ≤ 100 people (meaning people with election law), then the representative body becomes Show (meeting) citizens.
If the population is ≥ 100 people, but ≤ 300 people, then citizens are entitled to determine whether to create a representative body or to carry out MCS by the departure of the residents of MO.
Head of ms. Elected by the population or representative body.
MSU organs Are not authorities of state power. As already mentioned in the article earlier, they can only be endowed with some powers of the states.
What questions solves local self-government
Main functions Local governments are fixed by Art. 132 of the Constitution of the Russian Federation, and refined in the Federal Law No. 131-FZ (Article 14 - 16):
management of municipal property;
formation, approval and execution of the local budget;
establishing, adjusting or canceling local taxes and fees;
performing the functions of a notary (how is it?) if there is no notary;
organization of providing the population by communal services;
Creating master plan MO;
participation in the fulfillment of cadastral works in the territory of MO;
Approval of local standards for designing caps.
Implementation of control over the use of Land MO, including - making decisions about the seizure of land in individuals or legal entities, if they are not used for intended purpose;
control over the use and conservation of forests and specially protected natural zones on the territory of MO;
issuance of permits and documents for construction within a specific MO, permits for commissioning capital buildings;
assignment and cancellation of the addresses of capital buildings, the names of the streets, alleys, etc.;
making decisions on the demolition of unauthorized buildings;
arrangement and repair of local roads, ensuring road safety;
construction of objects of the municipal residential fund;
Providing low-income citizens Mo Housing from the Municipal Fund;
ensuring conditions for the development of agriculture and the development of small and medium-sized businesses (that's what?);
organization of transport services in the territory of MO;
Prevention of terrorism and extremism (how?) On the territory of MO;
participation in the prevention of emergency (emergency situations) and in the elimination of their consequences;
organization of events to prevent fires on the territory of MO, participation in the elimination of fires and their consequences;
Organization and operation of emergency rescue services in the territory of MO;
organization of public catering services, trade, leisure, postal service;
creating libraries and the organization of their work;
creating conditions for physical education and sports (including disabled people), conditions for the development of folk art, conditions for the development of tourism;
dishwashers of homeless animals;
organization and content of cemeteries;
The solution of other issues of MO.
Forms of local governments
Next, we find out the form of the implementation of local self-government and briefly focus on each of them.
Local referendum . If briefly, it is the vote of all citizens of this MO who have the voting law, about any question that requires a solution. A secret ballot is held, the decision is made by a majority vote.
The referendum has the right to initiate the inhabitants of this MO (by collecting signatures) or the representative body of the ISU + the head of the local administration (through a special legal act).
The referendum is appointed no later than 30 days from the date of receipt of documents to the representative body of the ISU. The referendum solution is subject to compulsory implementation.
Municipal elections . It is held in order for the inhabitants of a particular MO who could choose members of the representative body, which will act in the interests of the residents of MO.
Vote According to the review of the previously chosen representative (deputy) of the representative body, to change the territorial borders of MO, on the transformation of MO. Voting is carried out on the initiative of the residents of MO. The recall procedure is prescribed when creating MO in its statute.
Gathering citizens . Simply put, this is the general meeting of Moscow residents. The gathering is carried out if the number of residents of MO ≤ 100 (there is no representative body), or at the request of the residents of MO, which is from 100 to 300 people.
The gathering is entitled to solve any questions if half of the people at the occasion has the voting law. The head of MO or its residents may be initiated (no less than 10 people).
The departure decision is considered adopted if more than 50% of people present at the occurrence voted for it. The decision has been made for execution.
Public self-government . This form of MSU implies that the initiative group of residents of MO puts forward any tasks, then offers them for discussion at meetings or conferences of residents of MO. At the same time, the problems put forward to solve may be relevant only for a limited number of residents of MO.
I will explain on the example: let's say, the G.Ivanov, living in your entrance, decided that it is time to bring an exemplary order on the stair cells. He invites all residents of your entrance to the meeting on this issue.
Neighbors are discussing the problem, make a decision and approve measures to attach order, and then, maybe even suggest it. This process is called public self-government.
Public hearings, discussions, meetings, conferences . They are initiated by either the inhabitants of MO, or a representative body or head of administration. In public hearings, important documents are heard, for example, the draft statute of the MO, the Budget MO (project and subsequent execution).
Polls of residents of Moscow . It can be carried out either by a representative body and (or) head of MO, or state authorities. The results of the survey are not required to be executed, they are only a recommendation.
Appeals of residents of MO to the ISU (collective and individual) . Commitable to consideration by local authorities and making any decision on the topic of circulation.
Other forms of self-government not contrary to the legislation of the Russian Federation .
Local self-government is an effective way to manage municipal entities. From how actively residents in the life of their city, sat down (, etc.), the effectiveness of the development of municipalities and, therefore, the well-being of citizens, in them residing.
Read our blog, get new information!
Article author: Elena Kopeikina
Good luck to you! Seeing fast meetings on the pages of KtonanovenKogo.ru
OGE. Social science. Theory by the codicator. Politics. 5.6. Local government.
5.6. Local government.
Local government. The essence of the concept.
Functions of local self-government.
Principles of local self-government.
Forms of population participation in MCS.
Powers of the ISU.
Differences of MCS and local government.
Legislative foundations of local self-government.
From the Constitution of the Russian Federation about MSS.
Local self-government (MCS).
Local self management - organization of the activities of citizens, providing an independent decision to the population of issues local Values, municipal property management.
Local government - independent, under its responsibility, the activities of the population by decision local issues: Management of the municipal (public) property of this territory, the organization of public utilities and socio-cultural services.
Functions local self-government.
Functions - The main directions of municipal activities, powers.
Ensuring the participation of the population in solving local affairs (strengthening municipal democracy).
Creating conditions for the development of the relevant territory.
Management of municipal property, formation, approval and execution of the local budget, establishing local taxes and fees.
Ensuring the needs of the population in public utilities, socio-cultural and other services.
Protection of public order.
Protecting the interests and rights of the ISU, enshrined by the Constitution of the Russian Federation.
Principles of local self-government.
Independence solutions to the population of all issues of local self-government through local governments
Manifold organizational Form local self-government.
Organized by the separation of the ISU in the management system of society and the state: MSU bodies are not included in the system of state power. The structure of the ISU is determined by the population independently.
Compliance rights and freedoms of citizens.
Lawnity In the organization and activities of the ISSA.
Publicity MSS activities.
Collectivity and uniqueness In the activities of MSS.
Matching the authority of the ISU in material and financial resources (MSS should be eligible for sufficient material and financial resources necessary for the implementation of its functions).
Forms of population participation in Ms.
participation in municipal elections
Participation in local referendums, meetings, citizens
Putting into the authorities of the MSU projects of regulatory legal acts of local importance, etc.
2. Hading MSU:
Representative organ (Council, Duma, Municipal Committee, etc.) is elected by the urban or rural population;
executive agency : Mayor, Starost, Head of Administration etc. (selected directly by the population or representative body of the ISU) and headed by them administration (Health, Education, Financial Department, etc.)
Powers of the ISU.
performs law-conducting activities in the amount of authority of MCS;
Approves the local budget and the report on its execution;
Sets local taxes and fees;
approves the development programs of the relevant territories;
Carries out control over the activities of the head of the ISU.
The powers of the executive body of the ISU:
carries out the management of the municipal economy;
disposed of property and objects of municipal property;
Develops a local budget and is responsible for its execution;
Carries out regulation of land relations.
MSU legislation allows citizens at the place of residence (neighborhoods, quarters, streets) territorial governments (Soviets of micro-district, street, house committees, etc.)
Differences of MCS and local government.
Not included in the system of state power.
Enters the system of state power.
There is a public basis.
There is no taxpayer money.
In most cases, appointed authorities.
Have a deadlines for authority.
If you are prescribed, then the term of office is not installed.
Refers to civil society institutions.
Refers to state institutions.
Decisions are mandatory for execution by all enterprises located in the territory of the municipality, institutions, organizations, as well as ISSA, local authorities and citizens.
Legislative foundations of local self-government.
Constitution of the Russian Federation (Art. 3, 12 and Ch. 8)
Federal Law "On the General Principles of Local Self-Government Organization in the Russian Federation" of October 6, 2003
Municipal RF law - This is a comprehensive industry of Russian law, which represents a set of legal norms that enshrine and regulating public relations arising in the process of organizing local self-government.
From the Constitution of the Russian Federation about MSS.
Article 3, paragraph 2 of the Constitution of the Russian Federation : "People carry out their power directly, as well as through state authorities and local governments"
Local governments are not included in the system of state authorities (Article 12);
The structure of local governments is determined by the population of independently (Article 131);
The change in the boundaries of the territories in which local governments are carried out, taking into account the opinion of the population of the respective territories (Article 131);
Local governments independently manage municipal property, form, approve and execute the local budget, establish local taxes and fees (Article 132);
The Constitution of the Russian Federation guarantees (Art. 133): judicial protection of the violated rights of local self-government; Compensation for additional costs that arose as a result of solutions adopted by state authorities; Ban on limiting local government rights.
Material prepared: Melnikova Vera Aleksandrovna.
The fact that there are some local governments know every Russian. But what they are, for what they need and what powers are endowed with the explanation of these issues may already have difficulty. In our article we will help readers to deal with the fact that local governments in the Russian Federation are.
In contact with
Organization of social activity of citizens
In Russia, two varieties of power:
State (general, political power);
According to the definition of MCS (decoding - local government) - the organization of social activity of citizens, which makes it possible to participate in the population in the independent solution of local issues:
Providing public interests;
Management of municipal property;
Development of the economy and the cultural sphere of the municipality.
It is interesting: political preferences - what is it and what are they?
It is carried out (MCS) in municipalities:
In the city (parts of the city);
In the village (in several villages, who have a common area), etc.
From this it can be seen that state power carries out the control "from above", but providing the opportunity to manage his affairs to the population itself, as well as to solve some regional issues provide local governments.
Examples of MCS will be: Municipal Council, Municipal Administration, etc.
It is interesting: when was the Constitution of the Russian Federation been adopted?
Basics of activity
Consider the basics of MSS:
Independence in the implementation of solutions for the tasks of a local level: to influence the distribution of state budgetary funds, MSS, for example, do not have the opportunity, but the distribution of funds from the city budget is completely under their control;
MSS are separated from the state system: MSS leaders do not appoint higher authorities, and they are chosen in places people living in this settlement;
The power system of the ISU is not included, but is a legal entity;
The powers that are performed by the MCS will be proportionate to the material resources received: in a small rural settlement, the authority of the ISS will be less than in a large city.
Sphere of authority
Briefly imagine a description of what issues is solved by local self-government:
Organization and content of schools, kindergartens, clinic, some educational institutions, control over compliance with public law and order;
Tasks for the content and use of municipal property (residential and non-residential fund);
Tasks for the improvement of the municipality;
Maintenance of utility networks (water supply, electricity, gas supply, etc.);
Cooperation with other municipal associations in order to improve the standard of living of the population;
Municipal governments have and property:
Objects of residential and non-residential real estate (unsuccessted real estate);
Premises of municipal educational institutions;
Facilities of health care;
Municipal retail premises;
Premises of cultural formations;
Premises of the local industry, etc.
To ensure the content of all this property need finances. For this municipality draws up its budget. Income to it bring:
Local taxes (transportation, road tax, utility payments), fees, deductions and fines;
Deductions from the income of municipal industrial enterprises, trade firms, services sector services;
Financial receipts from privatization of property or from putting it in the hiring.
Rights of organs
MSU bodies are entitled:
Appoint pensions and benefits adopted by the state (social security department);
To address the adoption, the establishment of guardianship, deprivation of parental rights (department of education, the trustees and guardianship department);
Take part in the creation of a municipal police - a body that will follow the safety of the rule of law;
Take local regulations;
Manage municipal property (make decisions on the privatization of real estate, transfer to economic management, to sell property and hand over it in hiring, etc.);
Determine the regulations for the use of municipal objects, water bodies, forests;
Control over the filling of the municipal treasury and its expenses.
Head of MCS.
He is engaged in oversight of expenses and property of municipal self-government. If it is not necessary, then these functions can be abolished. Usually the control body is represented by the audit department and the Chamber of Control and Accounts Chamber. Obeys the statute, but is formed in the election. Or by decree of the representative body. In some cases, the obligations on the supervision performs one person.
Its tasks include solving issues arising in a certain municipal subject. In addition, the local administration lies a responsibility for monitoring the implementation of adopted laws.
The structure of the administration is approved by the representative body. It may include territorial and industry bodies.
Head of ms.
This is an official subordinating to the representative body. According to the Charter adopted, it is endowed with certain powers to solve a number of tasks. Control over the performance of activities is carried out by the representative body of the ISU and the population.
The termination of the powers of the chapter is provided by law. Options for early termination:
Resignation at their own accord;
Revocation by voters;
Refusal of office, etc.
The representative body of local government is a selection tool for the presence of the people. It consists of deputies, which chooses people with the help of secret ballot. The number of deputies is determined by the charter.
Endowed with the authority to make decisions on behalf of residents of the settlement. In addition, his obligations include the representation of the interests of the municipality and its inhabitants. It can be said that this particular authority implements management of almost all issues.
All solutions deputies are taken in collegial order.
The authority of the representative body includes:
Approval of the charter of the municipality and the introduction of changes to it;
Adoption of the budget (local), monitoring reporting on its execution, as well as the establishment of a bid of local taxes and fees;
Recognition of development programs and plans to implement them, control over the implementation of these programs;
Making decisions on the establishment of the Regulations for the Management of Municipal Property (Earth, Property Objects);
Control over the creation, reorganization and liquidation of municipal organizations. Establishment of tariffs for local enterprises;
Control over the execution of the ISU and officials of decision-making on local issues;
Determination of the Regulations for Ensuring MSS.
It turns out that the ISU bodies act as an intermediary between the population and the state. Their main task is to ensure the creation of favorable conditions for people's stay. But at the same time, ISU is responsible for its actions and, first of all, before the population.