Local administration is an executive body of a municipality with administrative powers. This is a permanent structure of the municipality. The legislation in force today does not contain rules governing the rules and the procedure for terminating the powers of the local administration of a municipality. The law provides for the termination of powers only for officials. In the article, we consider the features of the formation and activities of the local administration of the municipality (municipal district, district, etc.). So here we go.
general characteristics
The local administration of the municipality (municipal district) is vested with the authority to resolve issues of territorial significance, as well as the right to exercise certain state powers in accordance with federal law and the charter of the Moscow Region.
The structure under consideration usually has broad competence in the field of executive and administrative activities. The local administration of the municipality is a body with legal rights. faces.
Guide
Who runs this structure? The structure of the local administration of the municipality provides for the post of head. It involves the leadership of the MO on the principles of one-man management. Acts issued by the chapter enforce decisions adopted by the administration.
The legislation provides for 2 models of empowering a subject. In the first case, the head of the local administration and the head of the municipality are one person. It is empowered by virtue of its position.
According to the second model, different people can be the head of a municipality and the head of a local administration. The head of administration in this case is appointed according to the results of the competition. The winning candidate is awarded a contract. The term of office of the head is determined by the charter of the MO. In the case of the appointment of the head of the competition, he is usually called the manager.
Meanwhile, the most common is the model in which the head of the municipality leads the local administration.
Important points
It is necessary to say about some of the nuances of approving the terms of the contract. When appointing the head of the settlement, the agreement is agreed with his representative body. If the head of the local administration of the intracity municipality is appointed, the representative structure of the district approves the contract in part regarding the exercise of powers to resolve territorial issues and the regional legislative body - in part relating to the implementation of certain state powers transferred to the subject's authority in accordance with federal law.
Specific purpose
If a citizen becomes the head of administration under a contract, the charter of a settlement, county or district and regional law, additional requirements may be established that candidates must comply with.
The representative body of the municipality determines the procedure for the competition. At the same time, the structure’s responsibilities include publishing the conditions for the competition, information about the place, date and time of the organization of the event, the draft contract. Placement of this information should be carried out 20 days before the start of the competition.
Early Termination
The head of the local administration of the municipality, appointed to the post in accordance with the contract, is deprived of his authority in the following cases.
- Death.
- Dismissal at will.
- Recognition of limited legal capacity or total legal capacity by a court.
- Recognition of missing or deceased.
- Entry into force of a guilty verdict.
- Travel abroad for permanent residence.
- Termination of Russian or foreign citizenship of a state party to international treaties with the Russian Federation, according to which a person cannot be elected to local authorities.
- Conscription to the Armed Forces of the Russian Federation, referral to alternative service.
- The abolition / transformation of MO.
- The loss of the status of a municipality by a settlement as a result of merging with the urban district.
- An increase in the number of voters of the Moscow Oblast by more than 25% due to a change in borders or the union of a settlement and an urban district.
Local Administration Functions
In the municipality there are quite a few urgent problems. They need to be addressed. The formation of a local administration in a municipal district, settlement, etc., is precisely aimed at solving urgent issues related to the development of an administrative-territorial unit.
The powers of the executive body include the following.
- Development of draft budgets, estimates, programs, plans for socio-economic development of the territory. These documents are submitted for approval to the legislature of the Ministry of Defense.
- Budget execution and reporting.
- Maintenance of housing and communal services, transport, communications, municipal educational institutions, health care, culture, etc.
- The disposal and management of municipal and other property transferred to the MO in the manner prescribed by law.
- Development of proposals for the creation, liquidation or reorganization of institutions and enterprises of the Moscow Region.
- Approval of charters of municipal organizations.
- The implementation of certain state powers transferred in accordance with federal law.
- The exercise of other powers defined by regulatory enactments of the representative body of the Moscow Region, including the functions of the customer under contracts for the execution of contract work for municipal needs.
- Preparation and submission to the legislative body of draft legal acts of the local administration of the municipality, development of the staff list of municipal posts, practical recommendations regarding the subjects of their competence.
- Creation of working groups and boards, advisory expert and public councils, involvement of scientific organizations, scientists, specialists on a contractual basis in solving issues of territorial significance.
- Interaction with public authorities, other local government structures, institutions, enterprises, organizations, officials, and the public on issues of their competence.
- Participation in the development of draft contracts, agreements with other municipalities, executive bodies of state power.
- Sending requests for receipt from the territorial and sectoral structures, enterprises, institutions, organizations of documents, information, materials necessary for the implementation of the tasks entrusted to the local administration of the municipality.
Of course, this is far from all the functions of the executive and administrative body. A complete list is recorded in the charter of the Moscow Region and the Regulation on the activities of the local administration of the municipality.
Features of the activity
The work of the local administration is carried out on a planned basis. At the relevant meetings, development programs of the Ministry of Defense are developed, plans for meetings, law-making activities, and control measures are drawn up.
Monitoring the implementation of quarterly and long-term work plans is carried out by the deputy head of the local administration.
In order to ensure operational management of the activities of the units, informed and timely adoption of acts, the local administration of the municipality holds meetings and meetings of coordination and advisory bodies, as well as other organizational events.
Apparatus
This structure is one of the key links in the structure of local administration. The apparatus does not have subordinate external bodies, enterprises, organizations. The service functions of this structure determine the horizontal form of subordination to the leadership of the administration.
Financing units of the apparatus is carried out from the local budget. Their names vary depending on the activities of the local administration. Among the most popular "traditional" units are the following.
- Organizational (organizational and analytical) department.
- Reception
- Common department.
- Legal service.
- Information department (press service).
- HR management.
In addition, a secretariat is created in the structure of the administration apparatus, units responsible for logistics.
Structural units of administration
They differ in terms of authority, focus of activity, personnel and many other features. The differences depend on the level of the municipality, the characteristics of the socio-economic situation, the number of people and other circumstances.
In urban districts, for example, units are being created that solve problems of health care, education, housing and communal services, culture, construction, engineering infrastructure, urban planning and architecture, the real estate market, social protection, beautification, the consumer market, the service sector, sports, finance, property management, and antitrust politics, environmental protection, military personnel, international relations, emergency situations, communication with the press.
In municipal areas, units are usually created that organize:
- public education;
- Housing and communal services;
- construction;
- Agriculture;
- land management, municipal property;
- nature conservation activities;
- socio-economic support of citizens, etc.
Despite the fact that the names of the units in different municipalities are almost the same, their personnel content varies significantly. In urban settlements, departments, administrations, departments significantly exceed the number of district units. In rural areas, full-time departments are very few. They work from 2 to 5 employees. At the same time, the range of issues that they solve is quite narrow and is limited to land management, maintenance of the municipal housing stock, registration of acts of civil status, accounting work.
The order of activities of special units
As a rule, they have legal rights. persons make up an independent balance sheet, have settlement and other bank accounts. These structural divisions have their own seals, letterheads, and other means of identification. They are entitled on their own behalf to acquire personal property and non-property rights, participate in court hearings as defendants and plaintiffs, and fulfill duties. The head of the administration independently determines their legal status and responsibility.
The local administration of the municipality has committees and departments, which are divided into functional and industry. The latter, as the name implies, provide leadership in certain areas of the municipal economy. For example, the purpose of a health department (department, department) in a municipal district (district) is to provide conditions for protecting public health, and for citizens to exercise their rights to medical care. This unit is authorized to:
- to develop comprehensive measures to reduce morbidity and disability of the population;
- coordinate and manage the activities of medical and preventive institutions;
- interact with committees for sanitary and epidemiological surveillance, insurance companies, territorial compulsory health insurance funds;
- control the work of institutions providing medical services, regardless of ownership.
Education
To coordinate this area in the municipality, an appropriate branch management (department) is created. The powers of the unit are:
- participation in the organization and implementation of education development programs in the municipality;
- ensuring the exercise by citizens of their rights to receive education corresponding to the Federal State Educational Standard, in educational institutions of preschool, general, vocational education, and in specialized institutions;
- protection of the rights of minors left without parental care;
- coordination of the work of enterprises, institutions, organizations in the field of public education;
- promoting the development of industrial and economic infrastructure to support education, the establishment of trusteeship and charitable foundations.
Beautification
In almost every Moscow region there is a municipal customer service. It is formed for the design, construction and overhaul of landscaping facilities, their maintenance, as well as for landscaping. The beautification department and customer service are also responsible for drawing up plans for the development and maintenance of the road network.
These units may also be vested with the right to organize a municipal order, to coordinate the work of beautification enterprises, including specialized institutions involved in road construction, landscaping, and lighting of the territory.
Housing and communal services
His powers are as follows:
- Keep a record of citizens in need of housing. These include the waiting list, invalids and veterans of the Great Patriotic War, military personnel in reserve, etc.
- Distribute housing stock between physical and legal. persons involved in shared construction.
- To control the settlement.
- Calculate the cost of premises in the municipal housing fund subject to alienation.
- Carry out the privatization of housing, transfer premises to non-residential.
Commissions
Since the system of local self-government is based solely on democratic principles, it is natural for the participation of the population in the management of the affairs of the municipality. Accordingly, along with departments, divisions, committees and other structural divisions of the administration, permanent and temporary commissions are formed. They deal with a variety of issues: the appointment of pensions, the organization of recreation for children, the protection of cultural and historical monuments, etc.
Some commissions are created on the initiative of the administration, others are created in accordance with acts approved by public authorities. Administrative commissions are formed to consider cases of administrative violations, impose guilty sanctions prescribed by law. The key task of structures dealing with juvenile affairs is to prevent the neglect and homelessness of adolescents.
Organizationally, all commissions are associated with the administration. Their chairmen may well be deputy heads of the municipality. Commissions are collegial bodies. They include members of the public, law enforcement officials, deputies.
The creation of commissions is carried out on the basis of decisions of the representative body of local government. Be sure to elect a chairman from among the members. His authority includes the planning, organization and management of the commission. The activities of the commission are financed from the local budget. The apparatus of the local administration is responsible for the logistics of the work.