A local referendum is considered one of the main institutions in local government. In a narrow sense, the term refers to the voting of citizens on certain issues. Local referendum is of great importance in the system of local government. This is mainly due to the fact that through this institution citizens are given the opportunity to resolve relevant issues by participating in the affairs of the administration through the relevant bodies or directly on their own.
The referendum in Russia, as an institution, as a democracy in the highest form, is enshrined in the Constitution of the Russian Federation. However, the earlier Federal Laws did not provide for the mandatory and periodic convening of a local referendum. The law in force today assigns this institution the status of a form of direct participation of the people in the relevant administration. Issues related to the local referendum are also reflected in the law.
The institute was widely used in the 1980s-90s. Then the local referendum contributed to the solution of various issues of municipal importance. In 95-96gg. this institute was actively used in the approval of charters in municipalities. In 96-98 years. local referendum, as a rule, was applied in the event of the formation of local authority.
The Federal Law defines a list of issues that are prohibited to be submitted for resolution by this institution. These, in particular, include questions about:
- Early extension or termination of the term of office of state authorities in the subject of the Russian Federation, on the territory of the municipality. Questions about holding early voting in them or about the postponement of its holding in a subject or municipality.
- The personal composition of the above bodies.
- Election of any officials and deputies, approval, dismissal or appointment, granting consent to the release or appointment.
- Taking urgent and emergency measures to ensure the safety and health of citizens.
- On the amendment or adoption of the appropriate budget, amendment and fulfillment of the financial obligations of the municipality, subject of the Russian Federation.
Representative bodies from local self-government decide on the convening of local referenda. The unreasonable refusal of these bodies to convene the institute may be appealed in the manner prescribed by law and through prosecutorial supervision. The decision to convene a referendum is published in the media or made public by any other means within five days.
If the municipality does not have its own elected self-government body, then the specified institution is formed in accordance with the instructions of the head of the city administration or municipality, as well as on the initiative of the district population.
A local referendum is convened and held in the entire area under the jurisdiction of local authorities. This is mainly due to the fact that issues resolved with the help of this institution affect the interests of all citizens living or temporarily on the territory of the municipality. In addition, a local referendum is a form of direct democracy that differs from all others in its mandatory nature. In other words, decisions do not require approval, and the results are considered mandatory for the entire population. The latter provision applies to both citizens residing and temporarily residing in the territory of a particular municipality. In this regard, all residents of the municipality, and not only representatives from one or another of its regions, should take part in the local referendum.