The concept of local government features content principles. Signs of local government. independent sources of funds. It is impossible to talk about local self-government as a special subject of rights, if it is not provided with certain certain and about

The concept of local government in the legal literature is not uniform. For example, Yu.A. Dmitriev defines local self-government as proactive, independent, activities of local residents carried out under their own responsibility, aimed at solving problems attributed to their jurisdiction by law or an act of local self-government, and M.I. Piskotin gives a more concise definition of local self-government, limiting himself to the fact that local self-government is self-government of citizens, population of states, cities and towns.

In article 2 of the Federal Law "On general principles local government organizations in Russian Federation" (Further - Law "On General Principles ...") the definition of the concept of local self-government is given, which is understood as a form of the people exercising their power, ensuring, within the limits established by the Constitution of Russia, federal laws, and in cases established by federal laws, by the laws of the constituent entities of the Russian Federation, an independent and under its responsibility decision by the population directly and (or) through local government issues local significance based on the interests of the population, taking into account historical and other local traditions.

Local self-government has a public-power character: decisions made by direct expression of the will of citizens, as well as decisions of bodies and officials of local self-government on issues of their jurisdiction, are binding on all those located on the territory municipality enterprises, institutions, organizations, regardless of the form of ownership, officials of bodies state power, local governments and citizens.

Local self-government is one of the democratic foundations of the social management system, the most important structural element of the power structure, it is one of the forms of the people exercising their power. According to Art. 3 of the Constitution of R.F. the people exercise their power directly, as well as through state authorities and local self-government bodies.

Local self-government is a decentralized form of government that presupposes a certain degree of independence, autonomy local authorities... It is very significant that local government bodies, according to Art. 12 of the Constitution of the Russian Federation are not included in the system of public authorities. It follows that the state recognizes local self-government as an independent level, independent form exercise of power.

Recognizing and guaranteeing local self-government, the Constitution of the Russian Federation establishes that local self-government is independent within the limits of its powers. Thus, the consolidation of local self-government as the basis constitutional order, one of the main principles of organizing and managing the country, involves the allocation of a special sphere local issues, in which local government bodies act independently and are responsible to their population. The Russian Constitution does not contain a list of issues related to the jurisdiction of local self-government. This is enshrined in Chapter 3 of the Law "On General Principles ...".

One of the main features of local self-government in Russia is a responsibility representative bodies of municipalities, heads of municipalities, primarily before the population. The reason for its occurrence is the loss of public confidence. The procedure and conditions for liability to the population are determined by the charters of municipalities.

Independence of the decision population of issues of local importance, ownership, use and disposal of municipal property has found its consolidation in the Constitution of Russia. This feature of local self-government involves ensuring the financial and economic independence of local self-government, which includes the management of municipal property, the formation and execution of the local budget, the establishment of local taxes and fees.

Another sign of the independence of local self-government is the legislatively enshrined guarantee of non-interference state authorities in matters of local importance. The independence of local self-government is also characterized by the presence of appropriate competence in municipal authorities... In the charters of municipalities, the competence and terms of office of bodies and officials of local self-government are determined. These powers are aimed at solving specific issues of the life of the municipal community.

Local self-government bodies, in accordance with the Russian Constitution, are empowered to independently form, approve and execute the local budget, which once again confirms the financial independence of local self-government. Constitutional law management of municipal property belongs to local governments. The owner's rights in relation to the property included in the municipal property, on behalf of the municipality are carried out by local government bodies.

At present, a global trend has become the participation of local governments in implementation state powers ... This is due to the fact that many issues are more expedient to be implemented locally. In turn, this arrangement of relations between local governments and public authorities leads to decentralization of management and ensures the parity of participation of these bodies in solving regional state problems.

One more positive side This feature is the state-guaranteed material and financial support of local self-government bodies performing certain state powers. This involves securing the necessary sources of income for the local budget, the transfer of material and financial resources. The transition of Russia to market relations could not but affect the activities individual bodies local government. The main task of these bodies was to replenish income local budgets and rational use budgetary resources.

A specific feature of local self-government in Russia is the question of its nature. For modern system local self-government is characterized by signs that testify to both its state and its social nature. To signs indicating the proximity of local governments to government bodies, include: the population of the local community lives on the territory of the state, the population of the municipality is the citizens of the state; the status of the local community is established, guaranteed, protected by the Constitution of Russia, Federal laws and laws of the constituent entities of the Federation; local issues are resolved by the population in line with a single public policy; the powers of local self-government bodies are of an imperious (state) nature, etc.

The features that characterize the social nature of the new model of local self-government include: the independence of the population in resolving issues of local importance, the determination of the structure of the bodies of the municipality; local governments are not structural units state apparatus; the presence of municipal property.

Consequently, we can conclude that modern self-government as a specific form of power has a mixed, combined socio-state nature.

These features are the main ones and allow us to talk about a unified model of local self-government in Russia, with various organizational forms in various municipalities. Therefore, a new optimal model of local self-government can be formed only if the integrated implementation of these features is ensured.

The concept and signs of local government.

Local government in modern Russia- a complex multidimensional social phenomenon:

1) this is a special way of organizing local power, which is characterized by the following features: independence in resolving issues of local importance, election of bodies and officials, material and financial independence;

2) it is a system of social institutions; element of civil society.

3) this is a specific level of public authority;

4) it is a decentralized form of government, which presupposes a certain independence and autonomy of local authorities;

5) this is one of the foundations of the constitutional system of Russia: in accordance with Art. 12 of the Constitution of the Russian Federation, local self-government shall be independent within the limits of their powers.

6) it is a form of self-organization of citizens at the level of the municipality; the right of the population to independently resolve issues of local importance.

The Federal Law of October 6, 2003 "On the General Principles of Organization of Local Self-Government in the Russian Federation" (Art. 2) provides the following definition: "Local self-government in the Russian Federation is a form of the people exercising their power, ensuring, within the limits established by the Constitution of the Russian Federation, federal laws, and in the cases established by federal laws - the laws of the constituent entities of the Russian Federation, independent and under its own responsibility decision by the population directly and (or) through local self-government bodies of local issues based on the interests of the population, taking into account historical and other local traditions. "

This definition allows you to highlight the main features that characterize local government.

1. Federal law defines local self-government through "the form of the people exercising their power." The recognition of local self-government as one of the forms of democracy is enshrined in Art. 3 of the Constitution of the Russian Federation.

2. Local self-government is exercised by the population independently. This means that local government is an independent level of public authority that is not hierarchically subordinate to state authority. Local governments in accordance with Art. 12 of the Constitution of the Russian Federation are not included in the system of public authorities. However, this does not exclude the possibility of public authorities in individual cases control and direct the activities for the implementation of local self-government. The limits of such interference are established by federal law.

3. Local self-government is also exercised by the population under its own responsibility. V in this case it comes about the so-called "positive" responsibility, which means that all the consequences of decisions taken within the framework of the implementation of local self-government fall on the population itself. Municipalities themselves are responsible for their obligations with the property belonging to them by right of ownership, except for the property that is assigned to the created by them legal entities on the right of economic management or operational management, as well as property that can only be in municipal ownership. Municipalities are not liable for the obligations of the Russian Federation and its constituent entities (Art. 126 Civil Code Russian Federation).

4. Local self-government is carried out taking into account historical and other local traditions. This is manifested, in particular, when adopting the symbols of municipalities, determining the names of local self-government bodies, etc.

27. The nature of local government: "public" approach, "state" approach

The nature of local self-government is the basis of local self-government, reflecting its essence and allowing to reveal the fundamental differences between the models of local self-government. Distinguish between the public nature of the nature of local self-government (an example is the zemstvo model of local self-government), the state nature (the Soviet model) and the public-state nature (the new model).

There is controversy in the research literature about the nature of nature modern model local government. What character does it have: public as a zemstvo model or state as a Soviet model local government?

In reality, the new model of local self-government has features that testify to both the public and the state nature of nature.

For example, it is characterized by the following features:

1) the population of the local community lives on the territory of the state, the residents of the municipality are citizens of the state;

2) the status of the local community is established, guaranteed and protected by the Constitution of the Russian Federation, Federal laws and laws of the constituent entities of the Federation;

3) local issues are resolved by the population in line with a unified state policy;

4) the powers of local self-government bodies are of an imperious (state-power) nature, etc.

The listed signs indicate the proximity of local self-government bodies to state bodies, their close interaction, which proves the state nature of local self-government.

However, there are other signs, for example:

1) the population of the municipality independently solves issues of local importance in a certain territory;

2) the population, according to the legislation, independently determines the structure of the bodies of the municipal formation, the bodies of local self-government are not structural units of the state apparatus;

3) bodies in the local self-government system do not have strict subordination and hierarchy to each other;

4) the material and financial base of the municipal formation is municipal property;

5) the representative bodies of the municipality independently establish local taxes;

6) the governing bodies of the municipality are close to the population and have a closer connection with it than the federal bodies.

These signs are characteristic of the social form of organization.

Despite the organizational separation of local self-government, the limits of its independence are limited by the scope of the powers granted to it. The power of local self-government is subordinate, acting in the manner and within the limits specified by the supreme power. Unlike the central government local government cannot reform itself. Organizational separation of local self-government implies the endowment of it with a certain competence to resolve local issues and the exercise of this competence independently on the basis of the law, but nothing more.

Thus, modern local government as a specific form of power simultaneously combines two principles: public and state, which allows us to talk about a new - mixed, combined - public-state nature of the nature of the new model of local government in modern Russia.

INTRODUCTION …………………………………………………………………… ..3

1. CONCEPT OF LOCAL GOVERNMENT, BASIC FEATURES, PRINCIPLES AND FUNCTIONS ... .. …………………………………………… .5

1.1. The concept and characteristics of local self-government …………………….… .5

1.2. Principles of local self-government ……………………………… ..… 9

1.3. Functions of local self-government ………………………………… ..... 12

2. PROBLEMS OF LOCAL SELF-GOVERNMENT DEVELOPMENT AT THE PRESENT STAGE …………………………………………………………………………………………………………………………………… ..... 15

2.1 Economy and budgetary and financial condition of municipalities …………………………………………………………………… .. …… .15

2.2 Control and responsibility in the activities of local self-government bodies ……………………………………………………………………… .20

3. SPECIFIC FEATURES OF LOCAL GOVERNMENT ACTIVITIES IN KOSTROM REGION ......................................... ...................................... 25

3.1. Regional Duma as a legislative (representative) body of state power of the Kostroma region ...................................... ................... 24

3.2. Executive authorities of the Kostroma region ......................... 28

3.3. Directions for optimizing the activities of local self-government bodies of the Kostroma region .......................................... ....................................... 37

CONCLUSION …………………………………………………………….… 42

REFERENCES ……………………………… ... …… ...… 45

INTRODUCTION

Local (municipal) self-government is one of the democratic foundations of the system of government and society, the most important structural element of the structure of power in the Russian Federation. Clause 2 of Article 3 of the Constitution of the Russian Federation reads: "The people exercise their power directly, as well as through state and local government bodies." In accordance with Article 12 of the Constitution of the Russian Federation, local self-government is recognized and guaranteed in the Russian Federation. Local self-government is independent within the limits of its powers. Local self-government bodies are not part of the system of public authorities 1.

Relevance of the topic of this study is due to the need to ensure effective interaction between the two forms of public authority - state and municipal.

Today, the interest in representative bodies of local self-government is not accidental: they play an important role in organizing the life of municipalities.

The main law regulating the activities of local self-government is the Federal Law "On the Basic Principles of Organization of Local Self-Government in the Russian Federation" 2003 No. 131-FZ.

The degree of scientific elaboration of the topic... Despite the relevance of the problems under consideration, until recently, their scientific development was, in its essence, extremely general and did not go beyond the study of the independence of local self-government as one of the forms of exercising democracy in the Russian Federation. Among modern researchers, SA Avakyan paid much attention to the problems of representative municipal bodies in his work “State, problems and prospects of local self-government in Russia. Local self-government in Russia ", A. N. Kokotov and A. S. Solomakin in the work" Municipal law of Russia ", O. E. Kutafin and V. I. Fadeev in the work" Municipal law of the Russian Federation "

Thus, local self-government is one of the forms of implementation by the people of the power that belongs to them, which implies an independent decision by the population (under its own responsibility) of issues of local importance, ownership, use and disposal of municipal property. In accordance with Article 130 of the Constitution of the Russian Federation, local self-government will be implemented:

Through referendums, elections, meetings and gatherings; Through elected and other local government bodies.

Target of this course work - consideration of the features and problems of the development of local government at the present stage.

The main tasks term paper:

To study the concepts of local government and its features;

Define the basic principles of local self-government;

Consideration of the main functions of local governments;

Consider the features of the activities of local government in the Kostroma region.

Object of study – local government bodies.

Subject of study – the system of relationships between local governments and the local economic complex.

Research methods and techniques: monographic, analytical.

The structure of this course work includes an introduction, three sections, a conclusion and a bibliography.

1. CONCEPT OF LOCAL GOVERNMENT, BASIC FEATURES AND PRINCIPLES

1.1. The concept and signs of local self-government

The concept of "local self-government" includes a complex and diverse view of the organization of the life of society and the state, which naturally implies different approaches to its interpretation. Usually, local self-government is understood as a constitutionally enshrined organization of local power, which implies an independent solution by the population of issues of local importance. Consequently, local government is:

a) the basis of the constitutional system of the country;

b) the right of the population to independently resolve issues of local importance;

c) the form of democracy 1.

The Constitution of the Russian Federation, defining Russian state as democratic, it consolidates the most important foundations of its democracy, which are expressed primarily in democracy, the division of powers into legislative, executive and judicial, ideological and political diversity, as well as local self-government. Local self-government is recognized and guaranteed in Articles 3 (clause 2), 12, 130-133, etc. of the Constitution of the Russian Federation, and in Federal law"On the general principles of the organization of local self-government in the Russian Federation" Article 2 directly states: "Local self-government as an expression of the power of the people is one of the foundations of the constitutional order of the Russian Federation."

Recognition of local self-government as one of the foundations of the constitutional system presupposes the establishment of a decentralized system of government, the consolidation of other foundations for the relationship between federal government bodies, government bodies of the constituent entities of the Russian Federation and local government bodies. In accordance with Article 12 of the Constitution of the Russian Federation, local government bodies are not included in the system of government bodies. Consequently, they cannot be considered as a structural subdivision of the state management system. The Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation" defines the subjects of local self-government, then delimits the powers of the state authorities of the Russian Federation (Article 4) and state authorities of the constituent entities of the Russian Federation (Article 5) in the field of local self-government.

Articles 32 (paragraph 2) and 130 of the Constitution of the Russian Federation define local self-government as the right of the population to independently resolve issues of local importance through the formation of local self-government bodies and through direct participation (referendums, elections and other forms of expression of will) of citizens in the interests of the entire population. Russian legislation recognizes the population of urban and rural settlements as the main subject of the right to self-government. Article 12 of the Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" states: the population of an urban, rural settlement, regardless of its size, for the implementation of local self-government. "

The right of the population to local self-government is ensured by the right of every citizen of the Russian Federation to exercise local self-government. This right is enshrined in Article 3 of the Federal Law “On General Principles of Organization of Local Self-Government in the Russian Federation”. According to this article of the Law, citizens have equal rights to exercise local self-government, both directly and through their representatives, regardless of gender, race, nationality, language, origin, property and official status, attitude to religion, beliefs, membership of public associations.

Citizens are guaranteed the right to elect and be elected to local government bodies, the right of equal access to municipal service, the right to apply to local self-government bodies and officials of local self-government 1.

The right of the population to exercise local self-government also presupposes other forms of its implementation. This is primarily territorial public self-government, by which the law understands the self-organization of citizens at the place of residence on a part of the territory of a municipality (this can be the territory of a settlement that is not a municipal formation, and the territory of microdistricts, quarters, streets, courtyards) for independent and under their own responsibility implementation of their own initiatives in matters of local importance.

And finally, according to Article 3 of the Constitution of the Russian Federation, the people exercise their power: a) directly (that is, through referendums, elections); b) through public authorities; c) through local government bodies. Thus, local self-government is one of the forms of the people exercising their power.

The definition of local self-government, which characterizes it as a form of democracy, is contained in the Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation." Article 2 of this Law reads: "Local self-government in the Russian Federation is the independent and under its responsibility the activities of the population recognized and guaranteed by the Constitution of the Russian Federation to resolve issues of local importance directly or through local self-government bodies, based on the interests of the population, its historical and other local traditions" 2.

Although the legislator states that local self-government is autonomous not only in resolving issues of local importance, but also in bearing responsibility for their actions, it should be noted that local self-government is not a closed formation for the state, like a “state within a state”. In accordance with Article 132 of the Constitution of the Russian Federation, local self-government bodies can be endowed with certain state powers, participate in the implementation of state functions. In this case, state bodies have the right to monitor their implementation, as well as to monitor the compliance of the Constitution, the legislation of the Russian Federation, the subjects of the Russian Federation with the actions of local self-government and their bodies in solving various issues of local importance. However, the Federal "On General Principles of Local Self-Government" prohibits the exercise of local self-government by government bodies and government officials. This means that local self-government cannot be attributed exclusively to the institutions of civil society, because local self-government is not just a form of self-organization of the population to resolve local issues. It is also a form of exercising public power, the power of the people. Consequently, municipal power and state power are two forms of the power of the people.

So, local government as a form of democracy has the following main features:

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Local self-government in modern Russia is a complex multidimensional social phenomenon:

2) it is a system of social institutions; element of civil society.

3) this is a specific level of public authority;

4) it is a decentralized form of government, which presupposes a certain independence and autonomy of local authorities;

6) it is a form of self-organization of citizens at the level of the municipality; the right of the population to independently resolve issues of local importance.

The Federal Law of October 6, 2003 "On the General Principles of Organization of Local Self-Government in the Russian Federation" (Art. 2) provides the following definition: " Local government in the Russian Federation - a form of the people exercising their power, ensuring, within the limits established by the Constitution of the Russian Federation, federal laws, and in cases established by federal laws, by the laws of the constituent entities of the Russian Federation, an independent and under their responsibility decision by the population directly and (or) through the authorities local self-government issues of local importance based on the interests of the population, taking into account historical and other local traditions. "

This definition allows you to highlight the main signs characterizing local government.

2. Local self-government is exercised by the population independently. This means that local government is an independent level of public authority that is not hierarchically subordinate to state authority. Local governments in accordance with Art. 12 of the Constitution of the Russian Federation are not included in the system of public authorities. At the same time, this does not exclude the possibility of public authorities in individual cases to control and direct the activities of local self-government. The limits of such interference are established by federal law.

3. Local self-government is also exercised by the population under its own responsibility. In this case, we are talking about the so-called "positive" responsibility, which means that all the consequences of decisions taken within the framework of the implementation of local self-government fall on the population itself. Municipalities themselves are responsible for their obligations with the property belonging to them by right of ownership, except for the property that is assigned to the legal entities created by them on the basis of the right of economic management or operational management, as well as property that can only be in municipal ownership. Municipalities are not liable for the obligations of the Russian Federation and its constituent entities (Art. 126 of the Civil Code of the Russian Federation).

Thus, local self-government is understood as the organization of power at the local level, which presupposes an independent solution by the population of issues of local importance. Local self-government can be exercised by citizens both through direct expression of will (local referendum, municipal elections, meetings, gatherings, etc.), and through elected bodies. Moreover, local self-government bodies are not state, they are separated from the system of state bodies, which led to numerous discussions about the nature of local self-government.

There is debate in the research literature about the nature of the modern model of local government. What character does it have: public as a zemstvo model or state as a Soviet model of local government?

In reality, the new model of local self-government has features that testify to both the public and the state nature of nature.

For example, it is characterized by the following features:

1) the population of the local community lives on the territory of the state, the residents of the municipality are citizens of the state;

2) the status of the local community is established, guaranteed and protected by the Constitution of the Russian Federation, Federal laws and laws of the constituent entities of the Federation;

3) local issues are resolved by the population in line with a unified state policy;

4) the powers of local self-government bodies are of an imperious (state-power) nature, etc.

The listed signs indicate the proximity of local self-government bodies to state bodies, their close interaction, which proves the state nature of local self-government.

However, there are other signs, for example:

1) the population of the municipality independently solves issues of local importance in a certain territory;

3) bodies in the local self-government system do not have strict subordination and hierarchy to each other;

4) the material and financial base of the municipal formation is municipal property;

5) the representative bodies of the municipality independently establish local taxes;

6) the governing bodies of the municipality are close to the population and have a closer connection with it than the federal bodies.

These signs are characteristic of the social form of organization.

Despite the organizational separation of local self-government, the limits of its independence are limited by the scope of the powers granted to it. The power of local self-government is subordinate, acting in the manner and within the limits specified by the supreme power. Unlike the central government, local government cannot reform itself. Organizational separation of local self-government implies the endowment of it with a certain competence to resolve local issues and the exercise of this competence independently on the basis of the law, but nothing more.

Local self-government principles

Principles: independence of the population in solving local issues; organizational separation of local self-government, its bodies in the system of state administration and interaction with public authorities in solving common problems; correspondence of material and financial resources of local self-government to its powers; responsibility of bodies and officials of local self-government before the population; a variety of organizational forms of local self-government; observance of human and civil rights and freedoms; legality in the organization and activities of local government; publicity of the activities of local self-government; a combination of collegiality and one-man management in the activities of local self-government; state guarantees local government.

Principles: principle of subsidiarity; the principle of compliance of financial resources with the tasks, powers of the MS; principle (possibility) judicial protection; the principle of minimum administrative interference by the state. level in the MS; the principle of financial guarantee; the principle of the rule of law of the IS.

City government in pre-revolutionary Russia

Alexander II According to the City Statute of June 16, 1870: suffrage provided to every city dweller, regardless of the class to which he belonged. The main requirements were established.

All persons eligible to participate in the elections were included in the lists in the order in which they follow the amount of the city tax due from each of them.

The city administration was carried out by the city council and the city council. Representative power had a clear priority. The governor supervised only the legality of the actions of local authorities.

City status 1892 Alexandre III cut the electoral right for citizens, which led to a decrease in the number of voters by 6-8 times. Has intensified executive branch in the town. Management was placed in a more independent position from the duma. City officials no longer depended on the Duma, but on the state administration. The mayor and members of the council were considered to be public service... The governor received the right to issue orders and instructions to them, to remove them from office. The Duma was deprived of this right.

Local administration

A local administration can have a rather complex organization, in which it is required to establish the place of each of its components, which, in turn, can be an independent body within a certain competence, structural unit body, finally, an official.

Local administrations, in principle, cannot be considered as bodies of local self-government, since decisions are made not by the administration itself, but by an official.

Administration is a management apparatus that ensures the execution of the powers of the highest official.

The structure of the local administration includes both purely apparatus divisions and bodies with the right to make decisions on an established range of issues.

The structure of a local administration is understood as its internal subdivision into sectoral, functional or territorial bodies, which can bear various names - departments, commissions, committees, departments, etc.

The head of the local administration is the head of the municipality or a person appointed to the post of head of the local administration under a contract concluded based on the results of a competition for filling the specified position for a term of office determined by the charter of the municipality.

The procedure for holding a tender must provide for the publication of the conditions of the tender, information on the date, time and place of its holding, a draft contract no later than 20 days before the day of the tender.

When forming competition commission in a municipal district (urban district), two-thirds of its members are appointed by the representative body municipal district(urban district), and one third - by the legislative (representative) body of state power of the constituent entity of the Russian Federation on the proposal of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of state power of the constituent entity of the Russian Federation).

12. Head of the municipality

The head of the municipality signs and is responsible for promulgation of the normative legal acts adopted by the representative body, regardless of whether he heads representative body or local administration... If the chief of municipal education combines the position of chief administrative officer, then he has the right to veta, represents the municipal formation in relations with other municipalities, public authorities, citizens and organizations; carries personal responsibility before the population of the municipality.

Head of the Municipal Formation may head either a representative body of a municipal formation, or a local administration.

It is in the charter of the municipality that it is determined which body is headed by the head of the municipality in a particular settlement or other municipality - a representative or local administration (as appointed in a particular case).

If the representative body of the municipal district is formed from the heads of settlements and deputies of the representative bodies of settlements ...

In settlements with fewer than 1,000 people and rural settlements it is allowed to combine the powers of the head of the representative body of local self-government and the head of the local administration.

Anglo-Saxon Model MC

1.Local representative bodies are autonomous in relation to central government and the authorities of higher levels.

2. There is no direct subordination of subordinates executive bodies local government higher.

3. There are no representatives of the central government on the ground.

4. Control over the activities of local authorities is carried out indirectly (through the courts), as well as through financial levers (subsidies, subsidies, etc.)

5. The formation of representative bodies of power is carried out by the population through general direct elections.

As a rule, there are two levels in England - the county and the district, and where there are parishes and communities - even three levels of local government.

All local government functions are divided between the county council and the county council. Where there are three levels of local government: county councils, district councils and parish (community) councils or parish (community) meetings. The parliament is in charge of the division of powers. There is no subordination between the levels.

Each district council consists of a chairman (mayor in cities) and councilors. The chairman (mayor) is elected by majority vote at the council meeting, which is held annually in March-April from among the councilors.

His usual term of office is one year, but he can be re-elected any number of times.

Each municipality elects a council of representatives. Elections in municipal council are held either every four years, or one third is re-elected annually.

Each member of the council represents his territorial unit, which is part of the municipality. Elections are usually held by party lists, and most councilors are from one of the country's three main parties.

The majority party representatives on the council nominate candidates for the presidency and cabinet members. They develop and recruit civil servants led by a business manager. The staff of the municipality also includes responsible secretaries, each of whom is responsible for a particular service. Appointments to these positions are made by the presidium of the council in the presence of representatives of all political parties included in the council.

Local taxes finance 24% of the costs, the rest is financed through a system of state subsidies.

Issues of local significance of a settlement, a municipal district, an urban district: general and special

A fundamental question is the effectiveness of the differentiation of jurisdiction and authority between the levels of government. A distinction can be recognized as effective, assigning to each level those subjects of reference that it can solve in the best way. The principle of subsidiarity.

To define the subjects of jurisdiction of local self-government in Russian legislation, the term “issues of local importance” is used. It is customary to refer to them the following questions:

1. which can be independently decided by the population or local authorities, without requiring the intervention of state authorities;

2. the consequences of the decisions of which do not go beyond the territory of the given municipality, that is, do not have adverse effects on neighboring territories.

Local issues classified Russian legislation to the subjects of local government, can be divided into two large groups: issues related to the execution of power, regulatory and control functions, and issues economic plan connected with the life support of settlements and the provision of municipal services to the population.

Issues of the second group related to the provision of municipal services to the population, in turn, can be divided into two groups. For one, the law uses the terms "organization", "content", "provision". For another group of questions, the terms "creation of conditions" and "participation".

In the 1995 Federal Law (Art. 6), a single list of issues of local importance of 30 points was established for all municipalities.

Federal Law of 2003:

1. Common to all types of municipalities are the issues of formation, approval and execution of relevant budgets, control of their execution, establishment, change and cancellation of local taxes and fees assigned to a given level, ownership, use and disposal of municipal property.

2. The jurisdiction of the settlements includes a range of issues related mainly to the daily life support of the population.

3. Many issues of local importance are attributed to the jurisdiction of both the settlement and the municipal district. The distinction between them is made on such a principle that within the boundaries of the settlement it is responsible for their decision, and for inter-settlement issues - the municipal district.

4. Issues were brought exclusively to the level of the municipal district, the solution of which requires a developed infrastructure and large expenditures for its maintenance.

Local budget

Local budget form education and spending Money, intended for the fulfillment of the expenditure obligations of the municipality. municipal finance are the means of business entities. These include: -financial resources of enterprises in municipal ownership; -financial resources of non-municipal enterprises and other business entities used by them to finance the construction and maintenance of socio-cultural and housing and communal facilities in the territory of the municipality.

The state provides local governments with certain financial guarantees necessary to meet the needs of the population. The most important of them is the guarantee of their financial independence, including their own sources of income, independent formation, approval, execution of local budgets in compliance with budget and tax legislation.

The independence of the formation of local budgets means that the consideration of the draft budget, its approval, control over the execution and approval of the report on its implementation is carried out by the representative body of the municipality. The competence of the executive bodies includes the preparation of a draft of the corresponding budget, its execution and disposal of its funds. To the powers control body municipality includes control over the use of allocated budgetary allocations. The independence of the local budget is ensured by the existence of municipalities' own sources of income and their right to determine the direction of spending funds.

With a lack of their own financial resources, municipalities have the right to attract borrowed funds.

Local budget revenues

The legislation divides the revenues of local budgets into their own and received in the form of subventions for the implementation of certain state powers. Also, subsidies act as their own taxes.

Collected on the territory of the municipality: Local taxes and fees. Legislated shares of federal and regional taxes. Property income. Self-taxation means of citizens. Part of the profits of the municipal unitary enterprises... Part of the income from the provision of paid services by local governments and municipal institutions... Fines credited to local budgets Other sources.

Received from budgets of other levels: Grants for equalizing budgetary security. Equity financing subsidies investment programs and projects. Subsidies for equity financing of priority socially significant expenses of the Ministry of Defense. Subventions for the exercise of certain state powers. Other financial assistance

The revenues of the municipality are divided into tax and non-tax. Tax revenue includes local taxes plus federal and regional tax revenue. Non-tax revenue: Income from paid services provided by government agencies. Part of the profit of municipal unitary enterprises remaining after taxes and other mandatory payments. negative impact on environment... Income from the sale, use of property and land plots municipally owned ( property income). Self-taxation means of citizens. The means of self-taxation of citizens are understood as one-time payments of citizens made to address specific issues of local importance.

Local budget expenditures

Local budget expenditures are divided into current and capital. Current expenses include expenses that ensure the current functioning of local self-government bodies, budgetary institutions, provision of support to other budgets and individual sectors of the economy in the form of grants, subsidies and subventions for the current operation, as well as other budget expenditures not included in capital expenditures in accordance with the budget classification of the Russian Federation.

The expenditure side of local budgets includes: costs associated with resolving issues of local importance established by the legislation of the Russian Federation and the constituent entities of the Russian Federation; costs associated with the implementation of certain state powers transferred to local governments; costs associated with servicing and repayment of debt on municipal loans and loans; provision for insurance of municipal employees, objects of municipal property, civil liability and business risk; support of settlements (municipal area); negative transfers.

In the expenditure part of the municipal budget, it is envisaged to create reserve funds.

Revenues and expenditures of local budgets must be balanced. Local self-government bodies can independently establish municipal minimum social standards and other norms for the expenditures of local budgets for solving selected issues local significance.

Municipal minimum social standards are indicators of the volume and quality of municipal services provided in the territory of a particular municipality.

Local governments must maintain registers of expenditure obligations of municipalities in accordance with the requirements The Budget Code RF.

The operating budget may have “protected items” for which cost reductions are unacceptable under any circumstances.

Development budget funds (capital expenditures) are spent on capital construction, renovation and other innovative activities.

Concept and features local government

EX Local self-government means the right and real ability of local self-government bodies to regulate and manage a significant part of public affairs, acting within the framework of the law, under their responsibility and in the interests of local population... This right is exercised by councils or assemblies.

Federal Law 1995: "Local self-government in the Russian Federation is the independent and under its responsibility the activities of the population, recognized and guaranteed by the Constitution of the Russian Federation, to resolve issues of local importance directly or through local self-government bodies, based on the interests of the population, its historical and other local traditions."

Difference in wording Russian laws from the European Charter of Local Self-Government. It is real ability, primarily economic and financial, that is the main vulnerability in Russian local self-government. Russia's accession to the Council of Europe and ratification in 1998 the said Charter requires taking into account all of its starting points.

The European Charter of Local Self-Government established that “the principle of local self-government should be recognized in the legislation of the country and, if possible, in the constitution of the country”. The Constitution of the Russian Federation (Art. 3).

L. Velikhov (signs): 1.difference in the nature of power. 2.Differentiation of areas of competence. 3.An independent sources of funds. 4. Territorially limited election principle.

From the lectures: The presence of a territory with administrative boundaries; Local community presence; Having an independent budget; Availability municipal property; The presence of an elected body; Availability of the Charter; Publicity; Legality.

All these provisions in one form or another are enshrined in the European Charter of Local Self-Government and in the Constitution of the Russian Federation.

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The concept of local government features content principles. Signs of local government. independent sources of funds. It is impossible to talk about local self-government as a special subject of rights, if it is not provided with certain certain and about

Legal basics organization activities organs local self-government.......................

Concept and system of methods activities organs local self-government... Org features

Familiarization practice in bodies local self-government