The difference between a municipality and local government. Similarities and differences between municipal and state authorities. Federal corporate tax

The term "management" presupposes the presence of three elements: the subject of management, the object of management and the relations arising from management between them. In the process of control, both control and controlled systems are available. In contrast to management, self-government presupposes a system in which the subject and the object are combined in one person.

State (federal, regional) management- This is a purposeful, systematically organized impact on the social system in the interests of its ordering, optimal functioning and development. Public administration is also understood as a specific type of activity that satisfies the objective needs of social production in determining the goals of its functioning and effective development, in developing the necessary means and methods for achieving it, as well as coordinating the efforts of all participants in production to obtain results corresponding to the goals. Public administration, as a rule, is considered as an organizational process of leadership, regulation and control by state bodies over the development of the spheres of economy and culture, and other spheres of state life.

According to the Federal Law of October 6, 2003 "On general principles organization local government v Russian Federation» local government - this is a form of the people exercising their power, ensuring, within the limits established by the Constitution of the Russian Federation, federal laws and laws of the constituent entities of the Russian Federation, independent and under their responsibility the decision by the population directly and (or) through local self-government bodies of issues local significance based on the interests of the population, taking into account historical and other local traditions.

Local governments and bodies state power - these are structurally separated bodies in the management system; forms of exercising the power of the people. According to the Constitution of the Russian Federation (Art. 12), local self-government bodies are not included in the system of public authorities, which means their structural and organizational separation, but not functional. Local self-government bodies are independent only within the limits of their powers, they are in the system of state-power relations, they act in the mainstream of a single public policy, can be endowed with separate state powers. Like any public authority, local self-government bodies have a common economic, organizational and legal basis with public authorities: they have common source the authorities are the people, the same principles electoral system, the same decision-making mechanisms, the same obligation to fulfill them, as well as similar forms and methods of activity. But at the same time, the activities of local self-government bodies acquire new features associated with the possibility of self-organization and initiative of citizens. Local self-government bodies are closer to the population, which determines the social orientation of their activities.

The Constitution of the Russian Federation laid the foundations for the interaction of state and municipal government through the system of guarantees and protection of local self-government. The Constitution of the Russian Federation secured the participation of local self-government bodies on behalf of the population in solving problems at the local level, obliging state bodies to provide them with comprehensive support, creating the necessary legal, organizational, material and financial conditions for their functioning and development.

In the interests of developing democracy, it is necessary to interact between government bodies and local government bodies in such areas as the economy, security, and human rights. The balance of interaction involves the use of the technique of centralization, domination, self-organization and self-government regulation.

Despite the fact that local government bodies are not part of the system of government bodies, they exercise public power with all its inherent features and characteristics. Municipal government - this is a special kind of power, which differs from state power in the following features:

a) territorial limitation of the activities of local self-government bodies;

b) a wider range of forms of direct participation of the population in the management of the territory municipality;

c) the system of coercion in local government;

d) legal limitation of rights local authorities by the state;

e) control by the state of the implementation of certain state powers transferred to local governments;

f) the predominance of the economic component in the sphere of powers of local self-government, rather than the imperious one.

Unlike the regional government, municipal government, as a system for meeting the needs of the population and as one of the foundations constitutional order, has dual estimated parameters. This dualism is expressed in the assessment of local self-government, on the one hand, as a democratic institution, independent of government interference. On the other hand, local government is viewed as an institution that functions within the framework of state policy.

Of the two main components of local self-government - power and economic - in contrast to regional power, the economic prevails in municipal bodies. Power (and this, first of all, the ability to make generally binding decisions) is needed by municipal authorities precisely to ensure the functioning of the municipal economy and create favorable living conditions for citizens in a particular municipality.

The systems of public authorities and local self-government bodies operate on the basis of certain principles. It seems possible to highlight two groups of principles :

1) general, typical for both public administration and local self-government;

2) special, peculiar to each of these systems separately.

As general principles the following beginnings are distinguished:

a) the principle of government by the people (three ways of exercising power by the people, the election of bodies and officials state power and local government);

b) the principle of publicity (entry into force of regulatory legal acts only after publication (promulgation), mandatory consideration of public opinion when making decisions affecting the interests of the population);

c) the principle of legality (detailed legal regulation public relations);

d) the principle of publicity (open nature of the activities of public authorities and local self-government) and others.

TO special principles of public administration include: the principle of separation of powers, the principle of unity, hierarchy and subordination of government bodies, the principle of strict regulation and conditionality of public administration legal regulations etc.

To understand how regional authorities can influence local governments, it is necessary to determine special principles of the organization of municipal government:

1) the principle of "subordination", that is, the functioning of local government within the framework specified by law;

2) the principle of independence (organizational independence, independence in determining the structure of their own bodies, in resolving issues of local importance, at the disposal of municipal material and financial resources);

3) the principle of allocated competence - local authorities have their own powers, within which they are independent;

4) the principle of electivity (the requirement that the presence of elected bodies in the local self-government system is mandatory);

5) the principle of resource provision, that is, the availability of their own resources, sufficient for the implementation by local governments of their powers;

6) the principle of responsibility of bodies and officials of local self-government before the population, the state and legal entities;

7) the principle of state support for local self-government.

Regional government and local self-government are closely interconnected, condition each other and represent two types of power organization of society. They have a number of common features, for example:

a) both local and regional authorities are organized along territorial lines. The authority of both authorities extends to all entities operating in the respective territory;

b) both local and regional authorities realize their social purpose through special permanent bodies, empowered to exercise power;

c) bodies of both local and regional authorities are able to take within the limits of their competence regulations mandatory for all subjects;

d) both local and regional authorities have the right to establish taxes and fees assigned to them Tax Code RF;

e) bodies of both local and regional authorities are empowered to apply coercive measures in the territory of their jurisdiction.

Thus, both local self-government and regional government are institutions of public authority, the result of the organizational ordering of public relations. by certain means... At the same time, it is necessary to highlight and distinctive features of public administration and local government :

1) different times of the emergence of communal self-government and the state;

2) local self-government was not always characteristic of the state system;

3) the different nature and scope of the competence of state authorities and local governments;

4) public authorities are obliged to guarantee to local authorities a minimum material and financial base;

5) public authorities have the right to exercise control over the execution by local self-government bodies of certain transferred state powers;

6) public authorities of a constituent entity of the Russian Federation have the right to temporarily exercise the powers of local self-government bodies in three cases: when local self-government bodies are liquidated in conditions emergency when the "bankruptcy of the municipality" was carried out (in the event that the debts of the municipality were 30% higher than its own revenues), with the inappropriate use of subventions.

Thus, state administration and local self-government, being inherently different forms of government, have a number of similar features. And despite the fact that local government bodies are not part of the system of government bodies, the problem of their interaction is very urgent.

The relationship of local self-government bodies with public authorities is based on the following principles: on the one hand, local self-government bodies are not included in the system of public authorities and are independent within their competence. On the other hand, if local self-government bodies are endowed with certain state powers, they can participate in the implementation of state functions, and their activities will be under the control of the state.

The main instrument of interaction between state authorities and local self-government bodies is the law. For the state authorities, the law guarantees that local self-government will function within the limits specified by law. For local government, this is a guarantee against voluntaristic interference by government officials in the activities of municipal authorities. The law ensures sufficient stability of relations between state authorities and local self-government bodies.

State power, especially at the level of the constituent entities of the Russian Federation, and local self-government are not only in conditions of interaction, but also in an organic functional unity, since both state power and local self-government are nothing more than various organizational and legal forms of people's power. Local self-government is one of the forms of realization of human and civil rights and freedoms, which the state is obliged to recognize, observe and protect.

The concept and main features of local government.

The CRF considers the MC in three aspects:

As the basis of the constitutional order.

As the right of the population to MC

3. As a form of democracy ( The CRF consolidates 3 forms of democracy: through the OGV, directly and through the OMS)

MS (according to Federal Law No. 131) - a form of the people exercising their power, ensuring, within the limits established by the KRF, the Federal Law, and in the cases established by the Federal Law, by the laws of the Russian Federation, independent and under their responsibility the decision by the population directly and (or) through the OMS of issues of local importance based on the interests of the population, taking into account historical and other local traditions.

Traits:

1.MS implementation. by the population of MO.

2. It is to act within the mouth. KRF, FZ, laws of the SRF

3. Independence of the MS in solving issues referred to its jurisdiction

4.Responsibility for decisions taken

5. Implementation of MS by the population both directly and through MS bodies,

6.MS has its own object of management: issues of places. values concerning the vital activity of the population of the Moscow region.

7.MS implementation. taking into account the interests of the population.

8. Historical and other traditions are reflected in the MC.

The concept of the MC in the European Charter of the MC and in the Russian law.

(EuroX) MS- the right and real ability of self-governing territorial communities to manage and decide within the framework of laws under their own responsibility means part of public affairs in the interests of citizens living on the corresponding territory

* this db is fixed in z-not

* decide => can issue acts

* to manage => to execute-to-order functions

* right and real ability => clearly indicated on legal personality

Gl idea (Charter) - the MS bodies constitute 1 of the foundations of any democratic system, the right of a citizen to take part in the management of state affairs is 1 of the most important democratic principles, the MB is directly implemented at the local level.

It will represent the bodies that are mandatory, they are elected through free, equal, direct and general elections, the MC can hold meetings of citizens, referendums and other forms of direct expression of will, have executive bodies, manage a significant part of public affairs, etc. The powers and financial resources of db are commensurate, db funds have been provided, with part of the funds coming from local fees and taxes.

(131-ФЗ) МС- the form of the people exercising their power, providing within the limits of the mouth of the law, themselves and under their own rationale, the decision by the population directly and (or) through the bodies of the MS? local significance based on the interests of the population, taking into account the historical and other local traditions.

KRF talks about 2 forms of MS, i.e. it closes the status of the MS as 1) the basis of const system and 2) a form of democracy

A form of decentralization of power

A form of self-organization of local residents

What is grn on? local significance

Public authority interacting with state authority

Local government and state power. Similarities and Differences.

The difference

1. In the nature of power... Central state power is a sovereign, supreme power, capable of reforming itself, while the organs of the MC are subordinate power, acting in the order and within the limits specified by the supreme power.

2... Delineation of the spheres of competence of the authorities central and local, that is, the delimitation of the range of cases provided by the MS.

3. Independent sources of funds.

4. Territorially limited election principle. The territory of the local self-government is limited to the territory of the Moscow region. State power is distant from the people, and LSG is close.

Unlike the state authorities, the MS bodies do not act on behalf of the state, but on behalf of the local community.

The material and financial base of the workers of the MS bodies is the mun property, the budget; state authorities - state property and the budget.

Bodies of the MS do not have the right to implement. actually legislate. authorities. The lack of the right to issue laws on certain issues that replace general laws for a given locality is a fairly important criterion that distinguishes the IS. Undoubtedly, the bodies of the MC publish NA, but by their nature they are by-laws.

MS bodies do not have “the competence to establish their competence,” that is, they cannot independently determine the scope of their powers; unlike the state itself, the local community does not have sovereignty.

Similarity:

As a kind of public power, municipal power has a number of features inherent in state power: these are types of public power; the same methods of management and organizational structure of management structures are used, similar functions are performed (only the volume is different)

Basic theories of local self-government. Essence and content.

1. Free community- this theory is historically the first, the essence is that there are three branches of power: legislative, executive and judicial, and according to the theory, there is also a fourth - municipal or communal. The state does not create a community, but recognizes an already existing one, a community exists because: 1) that the circle of communal affairs is different from the circle of state affairs; 2) the community is the subject special rights that belong only to her; 3) officials of community management, these are community officials, not government officials. From the point of view of this theory, we can talk about the communal nature of the origin of local government.

2. Economic theory- arose as a reaction to criticism of the theory free community, the point is that the community's own affairs are strictly economic. The community must develop all forms of ownership, form community bodies as effective owners and entrepreneurs.

3. Legal theory - local self-government bodies perform the functions of state administration, but they are not state bodies, but community bodies. All communities, as self-governing units, are subjects of the rights granted to them by the state. The bottom line is that the state recognizes the inviolability of the rights of the community, and must respect these rights in every possible way.

4. Political theory - the point is that the zemstvo (municipal) and oprichnaya (bureaucratic) principles are opposed. The population and its representatives are not officials, civil servants. The population carries out amateur activities, independent of the government, and freely in the exercise of local self-government.

5. State theory- local government is part of the state, it should be engaged in the implementation state tasks, any public administration is state administration, and, therefore, the one who bears the responsibilities of local self-government fulfills the tasks of the state.

6. Organic theory- the state is a complex person, consisting of social organisms. The lowest structural subdivision the state is a community, it has a number of powers, but they are not delegated to the community by the state, but belong to it as a social organism.

All these theories of local self-government contain in the aggregate four sign , which characterize MS:

1) It is connected with the difference in the nature of power - the state power is sovereign, independent, the municipal power is subordinate to the law and acts in the manner and within the framework specified by the state.

2) It is connected with the delineation of the levels of competence of the state - in unitary state these levels are delimited into two: state and local self-government, in the federal into three: federal state, subjects of the federation and local government.

3) The local government has its own material and financial base.

4) Local self-government is always territorially organized and formed as a result of elections.

5. Concept and classification of the principles of local self-government.–the guiding ideas underlying the organization and activities of the population, the bodies formed by them, and obligatory for the state bodies. and mun. authorities. ...

1.Principles associated with general conditions implementation of LSG:

Observance of human and civil rights and freedoms

Legality in the organization and activities of the MS.

State guarantee of LSG

2. The principles defining the independence of LSG:

Organizational separation of the MS in the system of state governance. (Independent determination of the structure of bodies; inadmissibility of appointing by the state; prohibition on the implementation of LSG by state authorities; binding decisions made by direct expression of the will of citizens).

The independence of the population in solving local issues. values.

Adequacy of the MS powers to material and financial resources.

3. Principles that enshrine the forms of the population's exercise of the right to MS:

The variety of organizational forms is real. MC

Combination representative democracy with the forms of direct expression of the will of citizens.

Election of bodies and officials of the IS

Combination of collegiality and one-man management

Publicity MC

Responsibility of bodies and officials of the ICS

1. Principles and forms of relations between state authorities and local self-government
Based on the "Basic Provisions of State Policy in the Sphere of Local Self-Government Development in the Russian Federation" approved by the Decree of the President of the Russian Federation, the relationship between state authorities and local self-government bodies is based on the principles of legality, cooperation, mutual respect, and mutual responsibility1. The principles of mutual relations between state authorities and local self-government should also include: comprehensive support of local self-government by the state; non-interference of state authorities in the competence of local self-government bodies.
The bodies of state power of the Russian Federation and its subjects ensure the protection of the rights of citizens to exercise local self-government, guarantee and ensure the financial independence of local self-government. According to Article 9 Federal law"On the General Principles of Organization of Local Self-Government in the Russian Federation" State authorities create the necessary legal, organizational, material and financial conditions for the formation and development of local self-government and assist the population in exercising the right to local self-government. In order to ensure the formation and development of self-government in the Russian Federation, the Decree of the Government of the Russian Federation approved Federal program state support for local self-government 1.
Support of local self-government by the state and the creation of conditions for sustainable independent development of municipalities, as noted in the "Basic Provisions of State Policy in the Development of Local Self-Government in the Russian Federation", should be focused on "effective and coordinated functioning of federal, regional and municipal authorities , state and civil institutions in order to ensure constitutional rights and freedoms of Russian citizens, improving the living standards and well-being of the multinational people of the Russian Federation "2.
State support for local self-government is carried out by the authorities of the constituent entities of the Russian Federation. In the Tyumen region, for example, by the order of the Governor of the region, the "Concept of assistance to the complex socio-economic development of municipalities of the Tyumen region" was approved.
The main forms of mutual relations between state authorities and local self-government include: the vesting of local self-government bodies with certain state powers; conclusion of contracts and agreements; creation of coordination and advisory bodies, joint working groups; implementation of the right of legislative initiative in the representative body of state power of the constituent entity of the Russian Federation; sending proposals and appeals of local self-government bodies to state authorities 1.

In modern states, there are two main types of administrative and political self-government - local and state. What characterizes them?

What is Local Government?

Local government, If speak about Russian system power is a mechanism for building administrative and political management in municipalities - cities, districts, as well as districts. The population of the corresponding settlements and territories independently elects the authorities - legislative-representative (for example, in the form of city or district councils) and executive (which are most often administrations that have their own heads).

The key task of local self-government is to effectively address the issues of socio-economic development of a particular municipality. The authorities at the appropriate level have their own budget, which can be replenished with local taxes, they issue local laws. It can be noted that in Russia municipalities also receive a decent amount of funding in the form of subventions and subsidies from the state.

According to the Constitution of the Russian Federation, local self-government is separated from the state. That is, the head of the administration of a city is not formally accountable, for example, to the prime minister of Russia or the head of a constituent entity of the Russian Federation. However, it should be noted that local laws should not contradict those issued at the level of government. Therefore, at the level regulation the subordination between municipal and state bodies still remains.

What is state self-government (governance)?

It should be noted that the term “ state self-government"Is practically not used, since it is not entirely correct. To speak correctly "public administration" representing if it comes about the system of power in the Russian Federation, the mechanism of building up administrative and political management in the constituent entities of the Russian Federation, as well as throughout the country as a whole.

State power in Russia is thus divided into 2 levels - federal and regional. The bodies corresponding to them are elected by the population of the entire country or by the residents of a particular constituent entity of the Russian Federation.

The main task of public administration is to effectively address the issues of socio-economic development of the country as a whole, taking into account the characteristics of individual regions. Therefore, the authorities in the constituent entities of the Russian Federation, in contrast to the municipal ones, do not work independently - they perform the functions of state administration along with federal structures.

In some aspects regional authorities keep their autonomy from the federal ones. For example, parliaments in the constituent entities of the Russian Federation are independent from the highest legislative body in the Russian Federation - the State Duma. The regions of the Russian Federation also have their own budgets, they issue laws (which should not contradict the federal ones). However, the governments and ministries of the constituent entities of the Russian Federation are fully accountable to the relevant executive structures at the Russian level. federal government.

Comparison

The main difference between local government and state government is in the scale of the tasks being solved. In the first case, the authorities deal with problems specific to a particular municipality. State authorities, in turn, solve tasks at the national level - taking into account the interests of specific regions.

It can be noted that both types of administrative and political management established in Russia are quite similar in form. Often, municipal authorities are identified by the population of a city or district with state ones. But it should be understood that, according to the Constitution of the Russian Federation, the former are independent of the latter.

Having determined what is the difference between local government and public administration, we will fix the corresponding criteria in the table.

Local government is a special, specific level of government in the state. In accordance with Article 12 of the Constitution of the Russian Federation, local government bodies are independent within the limits of their powers and are not part of the system of government bodies. This presupposes the organizational isolation of local self-government, municipal authorities from state authorities.

Deriving the differences between municipal and state authorities, it should be noted that state power and local (municipal) power form two equal varieties of a single public power. Each level of power has its own specific characteristics. State authorities decide issues state significance... Local self-government bodies are responsible for local issues.

Question about the relationship and interaction of local government and state power - one of the cardinal ones in the theory and practice of municipal construction and law. It is no coincidence that among the main tasks further development of local self-government in the Decree of the President of the Russian Federation "On the main directions of reform of local self-government in the Russian Federation" dated June 11, 1997, the organization of effective interaction of government bodies with local government bodies is named.

The emphasis is now shifting from centralized state leadership, direct state influence on the activities of local self-government bodies to the decentralization of power, legal regulation, state support for local government. It is this approach to local self-government that should become the main one on the part of state authorities at both the federal and regional levels.

At the same time, the state has a significant impact on the organization and activities of local self-government. This is manifested in the following:

the status of local government is determined by the state in the Constitution and federal legislative acts;

the state acts as the guarantor of the implementation of local self-government (Article 12 of the Constitution of the Russian Federation);

the state guarantees local government the right to judicial protection;

local affairs are resolved by local governments independently, but in accordance with the provisions of state policy;

local self-government bodies are endowed with separate state powers;

State power and municipal power have a number of common features:

they act as forms of government by the people, refer to forms of exercising public power;

local self-government and state power have the powers necessary for their implementation;

they have a specific separate apparatus in the form of government bodies and local government bodies that exercise these branches of government;

state and municipal power have continuity in time, universality, universality;

both branches of government exist within a certain territory (the territory of the state as a whole, a subject of the Russian Federation, a municipal formation) in relation to all persons on it. The territory is an indispensable condition for the organization and functioning of public authority, its physical basis and limits. The territory of the local community is at the same time state territory;

the creation of local self-government bodies on the territory of the local community is mandatory;

public authorities and local self-government bodies have the ability to bring the perpetrators to the appropriate form legal responsibility, apply other measures state coercion;

local self-government bodies may be vested with certain state powers by law.

state authorities and local self-government bodies have the right to impose and collect taxes, as well as independently form the budget;

the status of local self-government is determined by the state in the Constitution of the Russian Federation and laws adopted by state authorities, protected by state authorities;

local affairs are resolved, albeit independently, but within the framework of a single state policy.

Specific features that distinguish local government from state bodies are:

local self-government is a subordinate power acting in the manner and within the limits specified by the state power. State power is the supreme, sovereign power;

local self-government bodies cannot independently determine the scope of their powers, unlike the state, the local community does not have sovereignty;

the spheres of competence of state and local authorities are delimited;

the state and municipal branches of government have independent sources financial resources;

there is no strict hierarchy and subordination in the system of local self-government bodies; they act not on behalf of the state, but on behalf of the local community;

the material and financial base of the activities of local self-government bodies is municipal property and the municipal budget, and public authorities - state property and the state budget;

local governments have a closer connection with the population than federal bodies... They have practically no political functions. At the municipal level, the population can much more widely express the forms of direct expression of will;

local governments publish regulations containing rules of conduct of a general nature that do not apply to laws. By their nature, they are by-laws;

the population independently determines the structure of municipal bodies.

Thus, municipal government is a system of power relations that implements the functions of local self-government. It is based on a coercive apparatus. Municipal power is a kind of not only social, but also public power (power over society), operates within the municipality, is implemented on behalf of the local community by local governments and is based on the rule of law.

An analysis of the nature of local government allows us to draw a conclusion about the dual nature of municipal government, the isolation of local government from state power is of a relative nature, it simultaneously combines two principles: public and state. Local self-government bodies act as an essential element of the public-power mechanism of society.

Establishing the independence of local government, its non-state nature, Russian Constitution and federal legislation enshrine the main interaction parameters local government and state power:

1. Recognition and guarantee of local self-government by the Russian state, consolidation of its independence within the limits of its powers, non-inclusion of local self-government bodies in the system of public authorities (Article 12 of the Constitution of the Russian Federation).

2. Establishment of a ban on restricting the rights of local self-government (Art. 133 of the Constitution of the Russian Federation).

3. Preventing the implementation of local self-government, the formation of local self-government bodies, the appointment of officials of local self-government by public authorities and state officials (part 5 of article 14, part 3 of article 17 of the Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation ").

4. State support for local self-government, which includes the creation by public authorities of the necessary legal, organizational, material and financial conditions for the formation and development of local self-government, assistance to the population in the exercise of the right to local self-government (Article 9 of the Federal Law).

State support for local self-government includes federal and regional programs for the development of local self-government, the adoption of which is among the powers of state authorities (clause 8 of article 4, clause 7 of article 5 of the Federal Law).

5. Constitutional consolidation of the possibility of legislative vesting of local self-government bodies with certain state powers with the transfer of material and financial resources necessary for their implementation. The implementation of the transferred powers is controlled by the state (part 2 of article 132 of the Constitution of the Russian Federation).

Delegation of state powers is carried out on the basis of the following principles: legality; socio-economic feasibility; material and financial security; a combination of regional and local interests; controllability of their implementation; responsibility of bodies and officials of local self-government for their implementation.

6. Establishment state guarantees local government. Among such guarantees, the Constitution of the Russian Federation establishes the right to compensation for additional costs arising as a result of decisions taken by public authorities (Article 133).

Control questions to topic 3

1. What is the place of local government in the system of democracy?

2. Why is it necessary to study the principles of local self-government?

4. How are the functions of local self-government implemented?

5. What is needed for governmental support local government?

6. Name the general and specific features of municipal and state power.

Tests on topic 3

1. The main subject of local self-government is:

1.1. population of the municipality;

1.2. representative body local government;

1.3. head of local government;

1.4. local administration