In ch. 8 of the Constitution affirms the independence of the population in addressing issues of territorial importance, use, disposal and ownership of municipal property. In Art. 131 of the basic law, the limits of regions in which self-government is carried out are established. These, in particular, include rural / urban settlements, other territories, taking into account the prevailing historical, cultural and other traditions. Let us further consider the features of municipal legal relations arising in connection with the implementation of the function of self-government.
Key Terms
Federal Law No. 154 defines the general principles of the organization of territorial self-government in Russia. This normative act also enshrines the key concepts necessary for studying the scope of its distribution. These include:
- Questions of territorial importance. These include problems related to the direct provision of the life and activities of the population in the municipalities, classified as local by the charter of the municipality on the basis of legislation.
- Referendum. It represents one of the ways to directly realize the will of the population. A referendum is a vote of citizens on issues of territorial significance.
- Local government. They are elected and other structures having the authority to resolve issues of territorial significance. These institutions are not included in the system of state bodies.
- The official of territorial self-government. It is an elected or contracted citizen who performs organizational and administrative functions in local bodies and does not belong to the category of civil servants.
The specifics of solving territorial problems
The exercise of authority within the framework of local self-government involves activity on the part of citizens. To solve territorial problems, Moscow Region has its own budget. To replenish this fund, authorized local authorities set fees and taxes. Summarizing the above, it is possible to define local self-government as the activities of the population guaranteed by the Constitution, by resolving issues of territorial significance, carried out by citizens independently and under their responsibility in accordance with their own interests.
The concept of municipal relations
In the process of organization and functioning of local self-government in rural, urban settlements and other territories, interactions arise, regulated by legal acts. They are considered as municipal legal relations. The structure of these interactions has a traditional design.
Municipal legal relations of the Russian Federation: signs
Within the scope of the impact, they are distinguished by certain specifics. They have a local-territorial character and belong to the field of municipal regulation. The interactions are complex. Features of municipal legal relations are determined by the fact that problems of territorial importance cover all key areas of life and activity of citizens. This is culture, law enforcement, finance, and economics. Despite the fact that municipal legal norms and relations are quite diverse, they have a common feature. All of them arise in connection with the need to resolve territorial issues. The subjects of municipal legal relations are citizens residing within the municipalities, local authorities and their employees.
Types of Interactions
Depending on the circle of participants, the following types of municipal legal relations are distinguished:
- Arising in the course of resolving territorial issues through the direct will of citizens.
- Associated with the functioning of elective and other structures engaged in property management, the formation and implementation of budget items, and other activities.
- Arising from the implementation by territorial bodies of certain powers of a state nature. They are transferred to the authorities in accordance with applicable law.
- Arising from the implementation by local structures of the provisions of acts of federal and regional authorities.
Circle of questions
The objects of municipal legal relations are the actions of the local population and the bodies they formed, focused on solving problems of territorial significance. These issues are defined in the Charter of the corresponding MO. In addition, as mentioned above, local authorities exercise separate state powers transferred to them in accordance with the law. Based on this, the following classification of municipal legal relations is formed:
- Associated with the organization of territorial self-government. In particular, we are talking about the creation, association, transformation of the Moscow Region, the establishment and change of names and borders, the approval of symbols, the definition of a system of bodies, the control of their activities.
- Characterizing activities related to the direct provision of the population, solving issues of socio-economic development, property management, regulating the development and planning of the territory, maintaining, organizing, expanding educational and health institutions, gas, water, energy, heat supply, construction, transport, trade, household services, food, etc.
Municipal legal norms and relations associated with the implementation of individual state powers are formed individually in each specific situation. The legislation does not establish a clear list of tasks that federal authorities assign to territorial authority.
Interaction participants
Depending on which particular subjects of municipal legal relations are involved in solving certain issues, interactions are divided into:
- Relations in which MO acts as one of the parties. In such relations, the legal status of the municipality is expressed. In particular, they include the establishment of symbols, budgeting, property management, etc.
- Interactions in which the population is a participant - the direct will of citizens.
- Relations in which the party is an official or self-government body. In this case, the following examples of municipal legal relations can be cited : the solution of territorial issues, the implementation of budget items, the implementation of state powers.
MO
The legislation contains the following definition of a municipality. It represents a rural, urban settlement or several such areas united by a single territory, part of a district, another populated area provided for in the Federal Law, within the boundaries of which self-government is implemented, there is property, there is a budget, and elected structures are formed. A municipality is vested with the right to dispose, own and use property belonging to it. At the same time, the MO does not act as a legal entity, however, in civil law interactions it has equal legal opportunities together with their other participants. A municipality may form associations in the form of unions or associations to coordinate its work, the most effective realization of its rights and interests, and have its own symbolism.
Citizens
These subjects of municipal legal relations choose a representative body, officials, solve other pressing issues of territorial importance. The population, regardless of its size, has the legal possibility of self-government. Directly by citizens, the Charter of the Moscow Region can be adopted, and distrust in elected institutions can be expressed. The opinion of the population is taken into account in the formation, association, transformation or abolition of municipalities, the definition of their territory. According to the provisions of the Charter, citizens have a legislative initiative in matters of territorial importance. In certain settlements, the powers of the representative body can be implemented by the general meeting (gathering). It is not only a way for citizens to resolve territorial issues, but also a form of organization of public self-government. The meeting is formed on the part of the Ministry of Defense and ensures the implementation by the population of initiatives related to pressing problems.
Elective and other self-government bodies
These structures include:
- Representative body of self-government. He has the right to represent the interests of citizens and make decisions on their behalf.
- Elected person MO. It is vested, in accordance with the Charter, with the authority to solve specific problems of territorial significance. This act may provide for the position of the head of the Moscow Region and other posts.
Entering into municipal legal relations , these participants manage property, form, adopt and execute the budget, approve various decisions related to ensuring the interests of the population.
Legal Opportunities
Citizens of the Russian Federation are given an equal right to self-government. It does not depend on their religion, gender, race, official and property status, nationality or other circumstances. Individuals realize this opportunity by entering into municipal legal relations in various ways. In particular, this is done by participating in referendum, elections and other forms of direct expression of will, through elective institutions, etc. Citizens have equal rights to familiarize themselves with materials and documents that directly relate to their freedoms and interests, including the activities of self-government bodies. The powers of deputies of representative institutes of territorial power include participation in resolving issues related to the approval of the local budget, a report on its implementation, the introduction of fees and taxes within the MO, the adoption of programs and plans for the development of the village.
Promotion of self-government
Municipal legal relations may be entered not only by citizens and local authorities. At the place of their residence, the population creates bodies of public self-government. They can act as legal entities, form associations. These bodies also take initiatives in resolving territorial issues. Municipalities can join in unions and associations. They provide coordination of the activities of municipalities, contribute to improving the effectiveness in the implementation of their interests. Meanwhile, such associations and unions cannot exercise the powers vested in self-government bodies. State institutions of power also enter municipal relations. Their tasks include providing support for self-government, creating the necessary organizational, legal, material and financial conditions for the development of territories. On the territory of Moscow Region there are various institutions, organizations, enterprises. They can also enter into municipal legal interactions. If they are owned by the Moscow Region, then the procedure, conditions and goals of their activities are established by self-government bodies. Interaction with other institutions, enterprises and organizations is formed on a contractual basis. Public associations can also function on the territory of Moscow Region. According to the provisions of their charters, they participate in the election of self-government bodies, represent and ensure the protection of their own interests and the rights of their members and other citizens. If the problems that are solved by the territorial institutions of power concern public associations, then they should be discussed with the participation of the latter.
Legal Regulation
The legal regulation of municipal relations has a number of specific features. Its character is determined by a set of techniques by which it affects social interactions. They, in particular, are prohibitions, permissions, regulations. Depending on which particular method prevails in the system, the legal regulation of municipal relations may be:
- Imperative. This method is characterized by a predominance of prescriptions. The legal status of participants in interactions is based on the principles of direct subordination, subordination. As a fact, causing the emergence of a relationship, acts an imperious prescription.
- Dispositive. This method is based on permissions providing the right choice of behavior. In this case, the contract acts as the basis for the occurrence of interaction.
Important point
A feature of the subject of municipal law is that it applies to both private and public legal relations. From this follows the widespread use of dispositive and imperative techniques. In particular, failure to comply or improper execution of decisions made by self-government bodies implies responsibility. Interactions between employees are built on the principle of subordination. In these cases, the imperative method is used. At the same time, self-government bodies not only carry out public-power activities, but also use the rights of the owner in relation to property held by the municipality on behalf of the Moscow Region. Interactions between participants in this case are regulated by the dispositive method. It should be said that in both of these methods of regulation, a ban is provided.
Guarantee Method
It is used along with imperative and dispositive regulatory methods. The guarantee method is the most common at the federal level. In particular, the state assumes the obligation to ensure the economic, financial, organizational independence of territorial self-government, its judicial protection.
Recommendations
As mentioned above, self-government bodies are not included in the system of state power institutions. Meanwhile, the latter have a certain impact on the activities of territorial structures. This influence is provided through recommendations. They are contained in presidential decrees, government decrees, as well as legal acts of regional authorities.
Additionally
Separately, it should highlight the issue of municipal law. These are acts in which social interactions that arise during the organization and work of territorial self-government are fixed and regulated. These norms are the result of law-making activities of state and municipal bodies. They are grouped according to various characteristics. So, depending on the object, acts securing:
- Self-government in the system of democracy.
- Warranties, powers, subjects of reference.
- The basics of activity.
- Responsibility of authorities and employees.
Depending on the nature of the requirements, the rules may be:
- Eligible. They set limits on acceptable behavior.
- Binding. They determine the actions to be performed.
- Prohibitory.
In addition, there is a division of acts into substantive and procedural legal. The former consolidate the powers vested in self-government bodies. Procedural legal acts establish the procedure for the formation of elected institutions (procedures for the creation, appointment of officials, etc.) of the territorial authority. Municipal laws are also grouped by industry. These sets of acts cover certain categories of interrelated interactions.