The Russian Constitution recognizes and guarantees the independent activity of the population in solving problems of local importance. For this, a system of local government is organized. Its representatives are guided by national interests. They pursue a social policy independent of state power. The concept of local government will be described in detail in our material.
The concept of self-government system
Local independent governance appeared in Russia quite recently - with the adoption of the 1993 Constitution. Article 12 of the country's main law states that the system of local self-government is not included in the structure of authorities. Local representatives act independently, but in strict accordance with the laws of the Russian Federation.
In 2003, the Federal Law "On General Principles of the Organization of Russian Self-Government" was adopted and promulgated. According to its provisions, the people have the right to exercise power within the limits established by the legislation of the Russian Federation. The population, under their own responsibility, makes certain decisions based on their own interests and taking into account historical or local traditions.
The system of local government is the basis of the Russian constitutional system. It is recognized, guaranteed and implemented throughout Russian territory. The law does not regulate a certain number of powers of local authorities. The only requirement is compliance with laws. In this regard, each body independently forms for itself the boundaries of its responsibilities.
Local self-government is not only a form of people's self-organization for solving their own problems. It is also a specific type of public authority, public administration. The system in question is designed to bring power closer to the people. The population should not only demand something from the state, but also take a direct part in conveying these requirements and their subsequent resolution.
Local government system in the Russian Federation
According to article 130 of the Russian Constitution, independent public administration in Russia is implemented through elections, referenda and other forms of direct expression of will. The reporting of their requirements through special authorities - district, city, regional, etc. is being implemented. They constitute a single and independent system of local self-government.
All instances are under the control of the local government local government council. The Council is a deliberative body formed for a preliminary analysis of issues of local importance. If the regional authorities have any problems or unresolved issues, then the first thing they will do is turn to the Federal Council. Its representatives will ensure the interaction of local authorities with the state executive branch.
So, the system of local self-government in the Russian Federation is a complex and multi-stage structure, which is a combination of organizational institutions and forms of direct expression of will. Through such instances, the people independently resolve issues of local importance.
Self-government in Russia works on the basis of legality and voluntariness. State bodies and officials must abide by the laws and act independently. Moreover, voluntariness is of multiple importance. On the one hand, this is the ability to perform or not perform certain functions, and on the other, it is the right to independently form their own duties and powers.
Local Government Laws
The legal basis of the system under consideration is the universally recognized norms of interstate law, various interstate treaties, as well as acts of domestic law.
According to article 15 of the Russian Constitution, domestic law should not contradict international legal standards. Many international acts aimed at protecting freedoms and human rights report the need to organize independent local government on the ground. It should highlight the Universal Declaration of Human Rights, the Covenant on Civil and Political Rights, the European Convention for the Protection of Human Freedoms and much more.
A particularly important document of an international character is the European Charter of Local Self-Government. Russia ratified it in 1998, when it expressed a desire to become a member of the Council of Europe. The principles of the charter are still used by the Constitutional Court of the Russian Federation.
Next, we should deal with the domestic legal framework governing the Russian system of local self-government. The first thing to do is highlight the Constitution - the basic law of the country. Chapter 8 of the Law is entirely devoted to local self-government in Russia. Constitutional norms are supplemented by a multitude of regulatory legal acts of federal significance. This is the 2003 Law on Local Self-Government, various Government Decisions, Presidential Decrees and clarifications of the Constitutional Court.
The last step in the legal framework of the local government in Russia concerns the local level. On the basis of federal principles and norms in different regions, cities and regions, its own system of powers is being built.
The law allows the use of any representative composition in local governments. However, in most regions, an informal rule is established for the formation of a body of the following representatives:
- chairman of the municipality;
- regional legislature;
- members of the local administration;
- control authority of the municipality;
- other instances of local government.
The formation procedure, powers, terms of activity, accountability and organization of the local government system are enshrined in the charter of the municipality.
The Importance of Local Government
A little more attention should be paid to the issue of the importance of the local government system of power. Why is it necessary and what role does it play? This is not written in the laws, but meanwhile, the question of the relevance of a particular system always comes first.
Sociologists argue that local government in the system of state power solves three critical tasks. The first task is to provide basic social services. This is providing the population with housing, landscaping, housing and communal services, the functioning of local transport and communications, the provision of medical care, as well as trade, domestic and cultural services to the population. An effective solution to all these problems contributes to the satisfaction of national needs.
The second task is to attract local resources - natural, geographical, human and other nature. Identification and use of all necessary resources contributes to the development of small and medium-sized businesses, increase the tax base, the formation of jobs, etc. Prevention of social tension is carried out. Self-government bodies, in fact, do everything for which there is no time in power.
The third task is to ensure direct interaction with the population in order to engage citizens in the decision process of local and national importance. So, the system of local government bodies has a consolidating character. It aims to strengthen relations between the government and society.
Authority of authorities
Having dealt with the types of activities of local self-government and its importance in society, attention should be paid to the specific functions of the bodies in question. Functions are not imperative, that is, they are not mandatory. However, most of them are enshrined in the charter of regional authorities. Here is what should be indicated here:
- approval of the regional budget and generation of reports on its implementation;
- formation, modification and liquidation of local fees and taxes in accordance with Russian law;
- adoption of the municipal charter and introduction of amendments and additions to it;
- adoption of programs and plans for the modernization of the municipality, approval of reports on their implementation;
- determination of the adoption procedure on the formation, reorganization and liquidation of municipalities and institutions, as well as on the establishment of tariffs for services of various kinds of enterprises;
- determination of the procedure for the participation of the municipality in inter-municipal cooperation;
- control over the execution by local self-government bodies and citizens of authority on issues of local importance.
So, the municipal system of local self-government implements functions in the field of managing regional or district property, protects nature, serves the population in the socio-cultural sphere and monitors public order.
State power and municipalities
The Russian Constitution defines the concept of a local government system in a separate chapter. This indicates an organized and functional separation of state and municipal systems. However, separation does not imply the complete independence of one institution from another. Self-government is controlled by the state, but not controlled by it.
The federal authorities exercise the following powers in relation to local self-government bodies:
- Legal regulation on subjects of competence and within the powers of the Russian Federation, as well as on subjects of joint jurisdiction of the center and constituent entities of the Russian Federation. It is about the rights, duties and responsibilities of central authorities and regional self-government bodies.
- Legal regulation of duties, rights and responsibilities of persons of local self-government in the implementation of certain power powers that may be vested in municipalities.
- Definition of the basic principles of the organization of local self-government in Russia, established by the Federal Law of 2003.
- Legal regulation of the powers, duties and elements of responsibility of ordinary citizens and bodies to address issues of local importance.
Four similar responsibilities exist in relation to self-government bodies and regional state bodies. We are also talking about the legal regulation of certain problems, the regulation of rights and obligations, the definition of objects of competence, etc.
So, the system of public authorities and local self-government is based on the principles of federal law. The basic rules and norms are established by regional acts. Subjective legal systems of local self-government should take as a basis only the principles of Russian legislation. With respect to the establishment of certain rules, relative freedom applies.
State support for self-government
Local governments are part of the public administration system. In this regard, the executive authorities are obliged in every way to support the municipalities. So, federal government bodies form the organizational, legal and financial conditions for the formation and development of local self-government. The authorities assist the population in the exercise of their right to perform local functions.
According to the Federal Law of 2003, there are six types of state support for local self-government. The first type of subsidy is associated with the adoption of federal and regional programs to improve the municipal system. Government decrees have already implemented support in the Tomsk and Volgograd regions. Two stages of the program are envisaged: the creation of basic conditions for the work of self-government and the promotion of the implementation of the constitutional powers of the system.
The second type of support is associated with the development of model projects of municipal acts. Regional authorities themselves offer their assistance in drafting regulatory codes. For example, in 2004 a working group was set up in the Omsk Region to prepare local self-government acts.
Financial assistance is the third and most common form of government support. It is no secret that the interaction of state and local self-government systems is ensured mainly at the expense of the state alone. It simply has more money, therefore, more opportunities for the implementation of certain projects. Financial assistance can be manifested in the form of deductions to the local budget, the provision of subsidies and subsidies, the development of shared financing, etc.
The fourth type of support is related to the provision of material resources to local authorities. Non-residential premises, vehicles, machinery, etc. may be deducted from regional ownership into municipal ownership. It is also possible to provide certain services on preferential terms.
Organization of vocational training and retraining in qualifications is the fifth type of state support. Examination sites are provided for municipal employees, and training is provided in some places. Here it is worth mentioning the provision of methodological assistance - the last type of subsidy. Power often makes various manuals and recommendations, on the basis of which it organizes the exchange of knowledge and experience. The manuals talk about the system of principles of local self-government, ways to ensure and improve it.
Self-government control
The authorities ensure law and order in the territory of the municipality. To this end, government agencies implement eight special tasks.
State registration of municipal charters is the first task. Regional representations of the Ministry of Justice of the Russian Federation in a special order register local authorities.
Keeping a register of Russian municipalities is the next important goal of the state. The registry allows you to save data about each instance. Monitoring the implementation of the activities of self-government bodies is the third task. This also includes supervision of the financial component.
The fourth measure to ensure law and order is the compensation of additional costs. According to article 133 of the Russian Constitution, local government in the country should be supported and optimized in every way. The main source of assistance should come from the state.
The fifth supervisory function is prosecutorial oversight. Representatives of the prosecutor's office monitor the implementation of laws and local charters. Here it is worth designating the sixth function - judicial protection. It needs to be added to the responsibility of local authorities and citizens for violation of applicable law.
The final function is to conduct negotiations and conciliation procedures to resolve disputes and disagreements that arise between the state and local government.
History of self-government in Russia
The development of Russian self-government was initiated by the Zemstvo (1864) and city (1870) reforms carried out under Alexander II. By the regulation of 1864, elected provincial and district assemblies in zemstvos were created. They were in charge of local household affairs.
The organization of self-government in cities was regulated by the City Regulation of 1870. According to its provisions, self-government bodies were councils and thoughts.
Local governments are part of the government system under Alexander III. A policy of reactionism begins, because of which the population was taken under tight control. Under Nicholas II there was a small "thaw." Liberal trends took up, and by 1917 a municipal reform was to take place. However, the October Revolution thundered.
The power of the Soviets developed the principle of unity of power and society. It was assumed that society is power. The so-called dictatorship of the proletariat operated.
Until the 80s of the 20th century, there was no hint of self-government in Soviet Russia. Only during the period of Perestroika was the USSR Law "On the General Principles of Local Economy and Self-Government" (1990) adopted. The power was differentiated between administrations and local councils. Part of the authority was delegated to the people. 1993 , 2003 - " ".
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