Local self-government in the Russian Federation is guaranteed by the Constitution and Federal Law No. 131. The ability to independently organize beautification in state regions is a truly democratic phenomenon. However, not everyone knows what self-government is and what it is based on. In this article, the corresponding Federal Law will be analyzed, which lists all the main provisions that relate to the presented phenomenon.
What is self-government in the regions?
According to Article 1 of Law 131-FZ, local self-government compiles the constitutional Russian system, and is also recognized, guaranteed and implemented throughout the state. What is this system like? The law speaks of the form in which people exercise their own power, but only within the limits established by law. The interests of the population must be taken into account in the authorities, after which they begin to be implemented in practice.
Self-governing bodies are elected by the Russian population, and therefore are vested with a number of specific powers. The body should include elected officials who are elected on the basis of direct and equal voting.
Self-government rights of citizens
The Federal Law "On the General Principles of the Organization of Local Self-Government" enshrines the rules according to which all Russian citizens have the right to carry out local self-government by participating in elections, referenda and other forms of expression of will. Citizens have this right regardless of their language, position, religious beliefs, etc. According to article 55 of the Constitution, this right is limited only if it contradicts the morality, health or life of the population.
What is the legal basis for local government? It is worth highlighting the Constitution, namely, Chapter 8, as well as various kinds of FKZ and FZ. Changing the principles of formation and implementation of local self-government is allowed only by making appropriate amendments to the listed legal sources.
On the principles of local government
Chapter 2 of the Federal Law "On General Principles of the Organization of Local Self-Government" sets forth the basic principles and conditions on which the relevant authorities are based. Thus, article 10 enshrines the provisions relating to the territory of the municipality. According to the law, self-government bodies can be formed only in urban and rural settlements, as well as in the districts of the city and areas of the municipality. Moreover, article 11 indicates the boundaries of municipalities, and article 12 indicates the conditions by which these boundaries can be divided.
Subsequent provisions of the law state the principle of continuous modernization and transformation of municipalities. The state should periodically encourage and financially assist the authorities involved in self-government. Article 13 refers to the possible abolition of the authorities in question in certain regions. Moreover, the liquidation should have a specific purpose - for example, reorganization, transfer of an organ, etc.
Here, it is worth noting other, "classic" principles. This is legality, compliance with the goals of humanism, social orientation, etc.
Empowerment of authorities
Municipal self-government bodies , in accordance with article 19 of the law in question, have a number of specific powers that the state gives them. How exactly can the authorities in question be given the appropriate functions? The answer to this question is given by the Constitution, which refers to the free formation of the relevant bodies. Consequently, the powers of the local authorities can be different - depending on what is written in the regional federal law. At the same time, local authorities in the Russian Federation should not depart from the rules that are prescribed in the law in question - No. 131-FZ.
But what exactly should a regional law contain, which provides for the empowerment of self-governing bodies? The law states:
- information about the municipality;
- on the list of duties and rights of local authorities;
- on the method of calculating the standards for the amount of financial income, etc.
A little more detail is worth telling about exactly what kind of powers self-government bodies in most regions of Russia have.
Local Government Issues
The list of powers enshrined in Articles 14-15 will best provide an answer to the question of what self-government is. Here are the functions of the authorities under consideration that the law provides:
- formation, cancellation or change of local tax fees;
- the formation and analysis of regional budget projects, the implementation of strict control over it;
- possession, disposal and use of property owned by the settlement;
- organization within the established boundaries of water supply, electricity, gas supply, etc .;
- creation of conditions for the provision of high-quality transport services to the population;
- the conduct of terrorism prevention activities;
- organization of cultural leisure for the population;
- adoption and provision of fire safety measures;
- the development of local traditional art;
- providing mass recreation for the population, etc.
And yet, what is self-government? According to the data fixed in the law, this is an instance that implements functions of a political, social, cultural and economic nature.
Local government
What is the self-government system of any region? Article 34 of the law in question speaks of a representative body, a regional executive branch of government represented by the local administration, the control and accounting authorities and other authorities.
Thus, the system may include municipal state authorities. Is it obligatory? According to
article 131 of the Constitution of the Russian Federation, no. So, in the basic law of the country, the possibility of each region to independently form a structure of a self-government instance is fixed - depending on the data specified in the municipal charter. At the same time, state bodies and local governments can closely interact with each other.
On the responsibility of authorities
Local government institutions, like any other government bodies, have a certain share of responsibility - both to the state itself and to the entire population. According to article 70 of the law in question, self-government bodies can even change their structure as a result of violations committed during their work.
It happens very simply: the population of the corresponding municipality recalls some officials, and puts others in their place. This all happens, of course, through a referendum or election.