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A self-governing organization of residents of a territorial unit. What is needed to create a tos

Territorial public self-government(CBT) is the most common form of public participation in the implementation of local government. The right of citizens to CBT is enshrined in Art. 27 Federal Law dated October 6, 2003 No. 131-FZ. TOS is understood as the self-organization of citizens at their place of residence on part of the territory of the settlement for the independent and under their own responsibility to implement their own initiatives on issues local significance.

  • 1. The legislation establishes that TPS is not a public institution, but a form of self-organization of citizens. TOS is created at the request of residents.
  • 2. TPS participants do not resolve issues of local importance, but carry out their own initiatives on these issues. Thus, decisions of the TPS are not binding for the authorities local authorities.
  • 3. TOS is carried out in certain territories municipality.

The boundaries of the territory on which TOS is carried out are established by the representative body of the settlement at the proposal of the population living in this territory. CBT can be carried out within the following territories residence of citizens: entrance to an apartment building; multi-apartment residential building; group of residential buildings; residential neighborhood; rural locality, which is not a settlement; other areas of residence of citizens.

To create a TPS in a certain territory, it is logical to define the following conditions as mandatory: 1) the boundaries of the TPS territory cannot extend beyond the territory of the settlement; 2) in a certain territory there cannot be more than one TOS; 3) the territory on which the TPS is carried out must constitute a single territory; It is not allowed to implement TOS in territories that do not border each other.

Federal legislation establishes General requirements to the organization and activities of TOS. The immediate procedure for organizing and implementing TPS, the conditions and procedure for allocating the necessary funds from local budget determined by the charter of the municipality or regulatory legal acts representative body municipality.

Mandatory issues that must be reflected in the TPS charter are: the territory in which the TPS is carried out; goals, objectives, forms and main directions of TPS activities; the procedure for the formation, termination of powers, rights and obligations, term of office of TPS bodies; decision-making procedure; the procedure for acquiring property, as well as the procedure for using and disposing of said property and financial means; procedure for terminating the implementation of TOS.

Local government bodies cannot establish additional requirements for the TPS charter.

The legislation distinguishes two orders registration TOS: registration of the TOS charter and state registration of the TOS as a legal entity. TOS is considered established from the moment of registration of its charter authorized body local government of the relevant settlement. The procedure for registering the charter of a TPS is determined by the charter of the municipal formation or regulatory legal acts of the representative body of the municipal formation. Registration of the TPS Charter is an action of the authorized local government body, carried out by entering information about the establishment of the TPS into the TPS register.

"The state OS can be a legal entity if its charter provides for this. In this case, the TOS is subject to state registration in the organizational and legal form of a non-profit organization in accordance with Federal Law dated 08.08.2001 No. 129-FZ “On state registration of legal entities and individual entrepreneurs". Federal Law No. 131-FZ dated October 6, 2003 does not establish a specific organizational and legal form of a non-profit organization for TOS.

The Federal Law "On Non-Profit Organizations" distinguishes the following forms of non-profit organizations: public or religious organizations (associations), non-profit partnerships, institutions, autonomous non-profit organizations, social, charitable and other foundations, associations and unions. Naturally, in the form of funds or religious organizations There is no point in creating a TOC. A local government body, when adopting municipal legal acts regulating the procedure for creating a TPS, does not have the right to oblige the TPS to establish a specific organizational and legal form. However, the optimal organizational and legal form for TPS seems to be autonomous non-profit organization. Of course, TOS has every right not to register as a legal entity. However, in this case, the TOS will not be able to fully manage monetary and material resources, which will indicate the inferiority of the TOS.

Activity TPS is carried out directly by the population through meetings and conferences of citizens, as well as through the creation of TPS bodies. TPS bodies are elected at meetings or conferences of citizens living in the relevant territory.

A meeting of citizens on the organization and implementation of territorial public self-government is considered competent if at least one third of the residents of the relevant territory who have reached the age of 16 take part in it. A citizens' conference on the organization and implementation of territorial public self-government is considered competent if at least two-thirds of the delegates elected at citizens' meetings, representing at least one-third of the residents of the relevant territory who have reached the age of 16, take part in it.

The exclusive powers of an assembly or conference of citizens implementing TPS include: establishing the structure of TPS bodies; adoption of the TOS charter, amendments and additions to it; election of TPS bodies; determination of the main activities of the TPS; approval of the estimate of income and expenses of the TPS and the report on its implementation; review and approval of reports on the activities of TPS bodies.

TPS bodies exercise the following powers: represent the interests of the population living in the relevant territory; ensure the execution of decisions made at meetings and conferences of citizens; can carry out economic activities to maintain housing stock, landscaping of the territory, other economic activities aimed at meeting the social and everyday needs of citizens living in the relevant territory, both at the expense of these citizens, and on the basis of an agreement between TOS bodies and local governments using local budget funds; has the right to submit to local government bodies draft municipal legal acts that are subject to mandatory consideration by these bodies and officials local self-government, whose competence includes the adoption of these acts.

For example, in the municipal formation "city of Yekaterinburg" 42 TOS are officially registered. Of these: in the Verkh-Isetsky district - 4; in the Zheleznodorozhny district – 7; in the Kirovsky district - 6; in Leninsky district - 8; in Oktyabrsky district – 4; in Ordzhonikidze district – 7; in the Chkalovsky district - 6.

In order to develop TOS in Yekaterinburg, a Regulation on the procedure for holding a competition for a municipal grant for territorial public self-government in the municipal formation "city of Yekaterinburg" was adopted, approved by decision of the Yekaterinburg City Duma dated December 12, 2006 No. 97/33. The regulation provides that one of the conditions for receiving a municipal grant is the following: the TOS was created and registered in accordance with Federal Law No. 131-FZ dated October 6, 2003, regulations approved by the City Duma. Another condition for receiving a grant is that the TOS has the rights of a legal entity.

Thus, TOS is an effective form of population participation in the implementation of local self-government. Local self-government bodies also contribute to the development of TPS, since the joint cooperation of government bodies and TPS is precisely aimed at the development of local self-government.

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Self-organization of citizens at their place of residence

In Birobidzhan, when buying an apartment, people are interested not only in the floor, area, availability of amenities, but also in whether the building has a territorial public self-government body. If so, then the cost per square meter. meters automatically increases, because a good house manager is truly a man’s friend. Today, about 200 TOS bodies operate successfully in the city. House, street, village committees, Councils of TPS of microdistricts unite caring citizens with an active life position. They will not pass by the creator of an unauthorized dump, they will organize a cleanup day in the yard, they will achieve the construction of a children’s playground in local area and even detain the hooligan. And this despite the fact that the majority of Tosovites are women, more often of retirement age. How does self-organization of citizens take place at their place of residence? Why not in all yet? apartment buildings have primary self-government cells been created? Can the house committee influence the formation of tariffs for the services of housing and communal services enterprises? About development prospects territorial self-government in the regional center the speech will be held as part of an online interview on the portal of the news agency EAOmedia. Sergei Alkhimovich, deputy head of the department for working with TOS at the city mayor's office, will answer readers' questions.

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The participants' spelling and punctuation have been preserved.

    • Courses for HOA chairmen and TOS are indeed systematically carried out, as a rule, by the HOA association of the Jewish Autonomous Region. The main result of the courses is that those chairmen who attend them solve the tasks assigned to them much more confidently and quickly.

    • Sergey Aleksandrovich, how can TOS influence the formation of tariffs for housing and communal services? Do they have such powers? Oksana. Birobidzhan.

    • Alkhimovich Sergei Alexandrovich

      Deputy Head of the Department for Work with TOS of the Birobidzhan City Hall

      TPS bodies have the right to submit to local government bodies draft municipal legal acts that are subject to mandatory consideration by these bodies and local government officials whose competence includes the adoption of these acts, including these initiatives may relate to issues of setting tariffs for housing and communal services.

    Hello! I don’t quite understand what is the use of all these TOS? Anna.

    • Alkhimovich Sergei Alexandrovich

      Deputy Head of the Department for Work with TOS of the Birobidzhan City Hall

      The benefits are significant. TOS is the institution of democracy closest to the people. Thanks to its bodies (yards, street committees, etc.), the authorities see, hear and feel the problems of the population.

    Good afternoon There is no way they can create a homeowners association in our house; all attempts simply come to naught, because the residents do not want to trust just an activist who decided to become a house manager. But creating a cell is simply necessary, because in the yard there is neither a playground nor a normal yard area. How to persuade distrustful tenants?

    • Alkhimovich Sergei Alexandrovich

      Deputy Head of the Department for Work with TOS of the Birobidzhan City Hall

      It is really difficult to persuade distrustful residents, but if the persuasion is backed up with real actions, then this issue can be completely resolved. And it is not at all necessary to create an HOA “right away” - create a house committee. In this format, the task of landscaping the courtyard area is also achievable. And having gained experience and enlisted the support of residents, you can choose the manager of an apartment building and create an HOA.

    Hello. Is it difficult to create a TOC? What is needed for this? Maria, Birobidzhan.

    • Alkhimovich Sergei Alexandrovich

      Deputy Head of the Department for Work with TOS of the Birobidzhan City Hall

      Hello Maria! It’s not difficult to create a TOC body! For advice, I recommend that you contact our department located at the address: Birobidzhan, prospect
      60 years of the USSR, 22, office. 307. Phone for inquiries: 2-15-16.
      If you have a desire, then together we will do it!

    Sergey Aleksandrovich! No matter how much you look in newspapers, on TV, on EAOmedia, the reports about TOS show the same faces. And quite middle-aged. Don't young people need this? Or your department fundamentally does not want to work with this age category? Is there a problem with personnel in TOS?
    Nikolai Mikhailovich, Birobidzhan, st. Pushkin

    • Alkhimovich Sergei Alexandrovich

      Deputy Head of the Department for Work with TOS of the Birobidzhan City Hall

      Dear Nikolai Mikhailovich! One of the outstanding leaders of our country said: “Personnel decides everything!” The problem with personnel is, perhaps, the main problem of organizing territorial public self-government not only in our city. And the roots of this problem lie in the very essence of territorial public self-government.
      Territorial public self-government is understood as the self-organization of citizens at their place of residence in part of the city territory for the independent and under their own responsibility to implement their own initiatives on issues of local importance. Those. those few people who dare to take responsibility not only for themselves, but also for others, carry out the difficult work of defending public interests FOR FREE. I think you will agree with me that not everyone is capable of this. Moreover, the majority of ordinary people do not understand why they (the TOS activists) need these difficulties, because there are plenty of their own! But, nevertheless, it is these People who are the main support of society, the city and the country!

    Starting September 1, the HOA will change new form- partnership of real estate owners. This is the new norm of the Civil Code. What will change with this, do city governments know about this?
    Konstantin, Birobidzhan

    • Alkhimovich Sergei Alexandrovich

      Deputy Head of the Department for Work with TOS of the Birobidzhan City Hall

      Konstantin! TSN (property owners' association) will not replace the HOA. TSN is a more expanded concept. HOA is a type of TSN.
      The city mayor is aware of changes in legislation in this area. Many HOAs also know about this, since this news is long-awaited for them.
      A real estate owners' association is a voluntary association of owners real estate(premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or country houses land plots etc.), created by them for joint ownership, use and, within the limits established by law, disposal of property (things) located in their possession by force of law common property or in common use, as well as to achieve other goals provided for by law.

  • 3) work with children and adolescents, including assistance in organizing children’s leisure time during the holidays;
    4) making proposals to local government bodies on issues affecting the interests of citizens, on the use of land plots on the territory of the TPS for playgrounds, public gardens, as well as for other socially beneficial purposes;
    5) public control over the sanitary and epidemiological situation, fire safety and works on improvement of the territory under its jurisdiction;
    6) participation in public events to improve the territory;
    7) informing the population about decisions of local government bodies adopted at the proposal or with the participation of TPS.
    There are three main sources of financing for territorial public self-government bodies: municipal funds (a municipal program has been created in the city of Birobidzhan for the development of territorial public self-government), own and borrowed funds (sponsors, grants).

§ 7. Territorial public self-government

In the Federal Law “On general principles organizations of local self-government of the Russian Federation" dated October 6, 2003, emphasizes that local self-government is carried out by citizens Russian Federation through referendums, elections and other forms of direct expression of will, as well as through elected and other local government bodies. Article 27 of the said law introduces the concept of territorial public self-government as a form of population participation in local self-government.

Territorial public self-government means self-organization of citizens at their place of residence in part of the territory settlements - municipalities (neighborhoods, blocks, streets, courtyards and other territories) for independent and under their own responsibility implementation of their own initiatives in matters of local importance directly by the population through the bodies of territorial public self-government created by it. In accordance with the charter of the municipality, these bodies may be legal entities(Clause 5, Article 27).

Procedure for organization and implementation territorial public self-government is determined by the charter of the municipality in accordance with the laws of the constituent entities of the Russian Federation and regulatory legal acts of local self-government (Article 27).

Thus, territorial public self-government is understood as the self-organization of citizens at their place of residence in part of the territory of a municipality for the independent and under their own responsibility to pursue their own interests in matters of local importance directly by the population or through the bodies of territorial public self-government created by them.

Legal basis organization and activities territorial public self-government is served by the Constitution of the Russian Federation (Articles 30, 130), the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” of October 6, 2003, constitutions, charters, laws of the constituent entities of the Russian Federation, charters of municipalities.

In this regard, attention should be paid, firstly, to the fact that the Federal Law on the General Principles of the Organization of Local Self-Government defined the concept of “territorial public self-government” and established that the procedure for its organization and implementation is determined by the charter of the municipality in accordance with the law of the subject of the Russian Federation Federation and regulatory legal acts of the representative body of local government. Secondly, territorial public self-government as one of the most important institutions of local self-government unjustifiably remained underdeveloped.

As a result, in Art. 56 of the previous law of 1995, it was established that legal regulation territorial public self-government before the adoption of laws on this issue by the constituent entities of the Russian Federation is carried out in accordance with Art. 80-86 of the Law of the RSFSR “On Local Self-Government in the RSFSR” dated July 6, 1991 in the part that does not contradict the Constitution of the Russian Federation and the specified Federal Law.

A number of constituent entities of the Russian Federation have adopted special laws regulating the general principles and forms of organization of territorial public self-government, the powers and types of activities of territorial public self-government bodies, their rights, responsibilities, functions, guarantees and other issues.

Being part of the local government system in the Russian Federation, system of territorial public self-governmentmay include various forms, Including: meetings (gatherings), conferences, citizen surveys;

bodies of territorial public self-government - councils, committees of microdistricts, residential complexes, towns, rural settlements, in cases where independent local government bodies are not formed in the latter; other bodies of self-government of the population at the place of residence - councils, committees of streets, blocks, houses, etc.

One of the key elements of the system under consideration is the bodies of territorial public self-government. In Art. 4 chacons of the city of Moscow on territorial public self-government stipulates that the body of territorial public self-government (territorial community and the bodies created by it) is a voluntary, self-governing, non-membership non-profit organization created but on the initiative of citizens of residents of a microdistrict, block, street, yard , house or other housing complex, united on the basis of a community of interests to achieve common goals defined by the charter.

The boundaries of the territories in which territorial public self-government is exercised are established at the proposal of the residents of the corresponding territory by the representative body of local self-government (Clause 1, Article 27).

Territorial public self-government is built onfollowing principles:

a) broad participation of citizens and their associations in the development, adoption and
implementation of decisions on the development of this territory;

b) independence, providing for the creation of bodies of territorial public self-government, as well as the determination and provision of financial economic basis their activities;

c) election of territorial public self-government bodies, their control and accountability to the population;

d) the open and public nature of their activities;

e) legality;

f) combination of local interests, the interests of a given territory with the interests of the municipality, region and state interests.

Competenceterritorial public bodiesself-government is determined their regulations (charter), taking into account the powers transferred to them by representative bodies of local self-government and local administration. Representative bodies and local administration may establish areas of joint competence with bodies of territorial public self-government in agreement with them, as well as a list of issues on which decisions cannot be made without agreement with bodies of territorial public

self-government.

The charter of territorial public self-government, as a rule, indicates:

the boundaries of the territory in which it is carried out; forms, procedures and guarantees of direct participation of the population in resolving issues of local importance;

structure and procedure for the formation of territorial public self-government bodies;

the term of office of bodies of territorial public self-government, the name of these bodies, their powers, the procedure for termination of powers;

status of territorial public self-government bodies; types, procedure for adoption and entry into force of decisions of territorial public self-government bodies; grounds and types of responsibility of bodies and officials of territorial public self-government; economic and financial basis territorial public self-government;

Issues related to the jurisdiction of territorial public self-government, guarantees of the rights of officials of these bodies and other provisions on the organization of territorial public self-government that do not contradict federal laws, laws of the subjects of the Federation, the charter of the municipality and regulatory legal acts bodies and officials of local government, as well as the procedure for terminating its activities,

In accordance with the Law of the Moscow Region “On Local Self-Government in the Moscow Region”, local government bodies can transfer their separate powers bodies of territorial public self-government with their consent. However, the powers to adopt legal acts cannot be transferred to bodies of territorial public self-government. Registration of bodies of territorial public self-government is carried out by municipal bodies in the prescribed manner (Bulletin of the Moscow Regional Duma. 1996. No. 8. P. 27).

The charter of territorial public self-government is subject to mandatory registration in the manner established by the representative body of local self-government. Refusal to register may be appealed to judicial procedure.

The charters of territorial public self-government may relevant responsibilities and functions be reflected body of territorial public self-government, according to:

a) preservation and repair of housing stock;

b) maintaining cleanliness and order in the area;

c) protection of land, reservoirs, creation of playgrounds, recreation areas, physical education and sports complexes, structures and maintenance of roads and sidewalks, wells, and other objects public utilities and landscaping;

d)organization of interest clubs, circles and clubs of technical and artistic creativity, sports clubs, management educational work among children and adolescents;

e) providing assistance to the disabled, the elderly, families of military personnel of fallen soldiers, low-income and large families, children left without parental care;

f) strengthening public order;

g) protection of consumer rights;

h) providing assistance to schools, kindergartens, hospitals and clinics, charitable foundations and organizations;

i) maintaining in proper order the condition of cemeteries and other

burial sites;

j) protection of historical and cultural monuments,

k) human rights activities and other issues. Bodies of territorial public self-government are createdat the initiative of residents based on their voluntary expression of will. Their elections can be held at general meetings (gatherings) or conferences of residents of the relevant territory, as well as on the basis of universal equal direct voting rights at secret ballot at polling stations during municipal elections for the term of office of the representative body of the municipality or for another term. Preparation and conduct of elections are carried out openly and publicly. Thus, elections play an important place in the system of public self-government. Through elections, bodies of territorial public self-government can be formed, as well as officials of these bodies can be elected.

Self-organization of residents is a way of practical and everyday participation of residents in local life, the possibility of their participation in decisions local problems, respectively, and participation in local government. Moreover, this participation is most productive if it is realized through a variety of social structures that form the fabric of modern civil society, create a neighborhood community.

The process of self-organization of the population and the creation of a neighborhood community is to some extent independent of the presence of any structures, since it does not require any special permits, premises or special funds in order to independently organize and arrange a holiday for children in the entrance or on rural street to create your own walking group or your own fire brigade, your own mini-stadium.

Territorial public self-government is understood as the self-organization of citizens at their place of residence in part of the territory of the settlement for the independent and under their own responsibility to implement their own initiatives on issues of local importance. Here, for the first time, the term “self-organization of citizens” appears in the law, which defines the practical and everyday participation of citizens in local government.

However, where an organization arises that “voices” the interests of residents, helping them to be heard without loud scandals, the neighboring community from some kind of “emotional”, somewhat ephemeral entity can turn into a completely measurable, tangible and developing organization. Today, our participation in the Territorial Public Self-Government (TPS) allows us to do this.

TOSs (house committees, committees (councils) of microdistrict self-government, neighborhood councils, street committees, village public councils - these are the same local organizations residents who are able to identify common interests for all residents, express these interests, and are also able to protect and achieve the realization of these interests. In this regard, their creation (in many cases, reconstruction and resuscitation) is one of the most important tasks of civil society. These organizations form the “bricks” from which the system of territorial public self-government in Russian municipalities is built. It should be noted that some neighboring communities can register in TOS, but in practice you will not find any “neighborly spirit” or “neighborhood community” there and, on the contrary, not all truly “living” neighborhood communities strive to “register” themselves in TOS. An integral part of an active civic position, mature civic consciousness, and currently simply a necessary condition for “survival” in both urban and rural environments is “participation” in local life, the life of the neighboring community. Modern conditions in practice no longer leave room for the existence of passive, “consumer” behavior, dependent ideology, which is reverse side paternalism of the state, to which people have become accustomed over many years of existence Soviet power. Both the paternalism of the state and the dependency of citizens become an important obstacle to the formation of civil society and interfere with the formation of a comfortable living environment and a sustainable neighborhood community.

In our country, very strong paternalistic tendencies still persist, both in the activities of the government and in the perception of power by residents. It is the authorities, from the point of view of the residents, who “should” organize a playground for children, clean the entrances, and provide hot water. To a certain extent, this is correct, because in fact, residents entrusted the management of cities, neighborhoods and houses to other people - deputies - representative authorities (to pass laws regulating the “rules of the game” in cities) and executive power(manage common - municipal - property, organize life support for residents).

However, even the smartest and richest government has limits to its capabilities. Municipal authorities in modern Russia(the government is young, inexperienced and poor, like all Russian local self-government), operating in the context of reforming the entire government system and, at the same time, reforming the housing and communal services, cannot reach every yard and entrance. Already because of this it is great importance has self-organization of residents, the creation of organizations of territorial public self-government and their participation in solving local problems.

The interaction of residents with local authorities is now one of the main conditions for the development of local self-government.

The adoption of the new law “On the general principles of the organization of local self-government in the Russian Federation” is evidence of legislators’ awareness of the urgent changes in relations government agencies management with local government. There is a growing understanding in society of the need for more active involvement of citizens in the process of decision-making by local communities and resolving pressing problems of the population, but this process is slow, painful and extremely uneven in different regions of the Russian Federation.

IN adopted Law RF “On the General Principles of the Organization of Local Self-Government in the Russian Federation” local self-government is designated as “a form of exercise by the people of their power”, as “an independent and under their own responsibility decision by the population directly and (or) through local government bodies on issues of local importance.”

In Chapter 5 - “Forms direct implementation population of local self-government and participation of the population in the implementation of local self-government” states how, in fact, the population can take part in local self-government. We are talking about the participation of residents in local referendums and municipal elections, in gatherings, meetings or conferences of citizens, in public hearings and polls. Residents can come up with a law-making initiative, contact local self-government bodies, and take part in territorial public self-government.

Without questioning the significance of all the forms of local self-government named in the law by the population, let us pay special attention to territorial public self-government - TPS.

In Russia, a discussion has been going on for many years regarding the essence of territorial public self-government: what is it - a “authority body” or a “public organization”? On the one hand, behind this lies the widespread idea that “all elected bodies are authorities”; in addition, this is due to the fact that “self-organization of citizens” is too close to “independence” and “independent activity” and even “arbitrariness” ”, which, as a rule, scares the authorities.

In practice, self-organization of residents as one of the forms of realizing the right of citizens to local self-government means the active participation of citizens in local life.

The development of territorial public self-government is important and promising. Citizens who feel themselves masters of their territory, and participation in the work of territorial public self-government bodies presupposes the emergence of such a feeling, take an active civic position, and are more willing to take responsibility for the fate of their city, district, microdistrict, rural town or village.

By part of the territory of a municipal entity, the law understands the territories of settlements that are not municipal entities, microdistricts, blocks, streets, courtyards and other territories. The law also establishes that territorial public self-government (hereinafter referred to as TPS) can be exercised directly by the population (for example, at meetings and gatherings of residents) or through TPS bodies created by it. Answers are given to the question, “Why do residents need local organizations?”:

The habitat is significantly improved;

Civic pride begins to emerge instead of dependence;

Residents find new areas of activity for themselves;

Residents “try on” new civic roles;

The defenselessness and dependence of residents on the authorities is reduced;

Collaboration and collaboration skills improve;

The sense of responsibility and solidarity increases;

The search for consensus begins conflict situations.

The benefits that local governments receive when they involve citizens in their work, giving them powers, have also been identified:

Citizens who have received the opportunity and authority to participate in the activities of local government bodies, as a rule, participate more actively and fully in the process of self-government;

Citizens better understand the complexity of the problems that local governments face in their activities, and, therefore, are more tolerant of how much time and resources solving complex problems requires;

The collective wisdom and experience of new participants in decision-making and problem-solving processes is invaluable when addressing issues that affect the entire population;

Citizens who are involved in setting priorities for local governments and the population are more likely to support decisions related to the need to allocate additional resources;

Public participation is a fertile ground for the growth of new public leaders (which is especially important for the development of democracy);

The contribution of citizens to the activities of local government is a real resource that local governments can turn to.

The Law “On the Fundamentals of Local Self-Government” also identifies different levels of implementation of territorial public self-government: entrance apartment building; multi-apartment residential building; group of residential buildings; residential neighborhood; rural settlement that is not a settlement, and in other parts of the settlement territory. This means that in your entrance you can create an organization such as the “Entrance Council”, in your house - a “house committee”, and in a microdistrict - the Neighborhood Council, the Council (Committee) of Territorial Public Self-Government.

In addition, you can create and be members of a wide variety of other public organizations and associations of interests, including the Council of Veterans, the Women's Council or a group of scouts (pioneers), which can operate only in the territory of a given microdistrict, but can be all-Russian and even international.

There is no need to register a “Legal entity” of such a public organization, as long as everyone works “on a voluntary basis” and does not wait for sponsorship to be credited to their bank account

In our time, there is a great need for local organizations that are able to identify common interests for all residents, express these interests, and are also able to protect and achieve the realization of these interests.

However, most people do not believe that their voice is important for someone; we are surprised that they themselves can create their own organization even in their home or city; they do not believe that the creation of an organization can change anything.

Territorial public self-government can be carried out in several basic forms.

1) Porch Council - natural and completely required level self-organization of residents. This point of view is shared by many practitioners in different cities of Russia. Good experience has been accumulated in Chistopol and Maloyaroslavets, Arzamas and Khabarovsk, Penza and Birobidzhan, where the association of residents at the entrance level is organically connected with mutual assistance and interaction between neighbors. The interests of an organization such as the Entrance Council are focused on issues of social climate and good neighborly relations more than on issues of maintaining the housing stock or its management. The entrance is a large “vertical village” where people should know each other, if only so that it would not be scary to enter the elevator. The entrance council can become the first step in the participation of residents in resolving issues that directly concern them. Of course, first of all, we're talking about about what the entrance actually looks like, how clean, illuminated, and safe it is for all residents. The Gateway Council is the most important organization representing the common interests of residents and protecting these interests. The entrance council can also become a kind of “informant” for residents, transmitting information in a timely manner, in simple language and in large letters. Participation in the work of the Gateway Council provides lessons in neighborliness and tolerance that are much needed today in our extremely vibrant community.

Working at the level of the Entrance Council forces you to communicate with various operating and utility services. This communication allows us to better understand “who is responsible for what,” as well as where and how decisions can be influenced at least regarding this immediate living environment. The entrance council of an apartment building is a natural and necessary level of self-organization of residents. The entrance council - like any public formation - must act according to certain rules. It is best if these rules are developed by the residents themselves, discussed with their neighbors, and then adopted at a general meeting of the residents of the entrance.

2) At the House - House Committee level, self-organization of residents does not claim serious additional resources and, as a rule, meets with the support of representatives of local authorities. However, at the entrance level it is difficult to resolve issues of the entire building: roof repairs or inclusion in the improvement plan. The same applies to the problems of the local area: parking issues, placement of a playground, landscaping. In solving this problem, help, support and solidarity of residents of other entrances are needed. In such cases, “Domkom” is needed.

An organization at the house committee level already claims the active participation of residents in a wide range of issues not only of the social climate, but also of control over the maintenance of the house, provision of residents with various housing and utilities, organization of yard space.

Today's house committees are one of the most important “building blocks” of the system of territorial public self-government. The creation of a House Committee cannot, and is simply ineffective, be reduced to the election of a “house elder.” This must be a team representing the interests of the residents of the house.

Domkom - The House Committee of a large apartment building - as a public structure, usually consists of representatives of the Entrance Councils (seniors in the entrances).

First of all, the house committee is intended to unite the resources, experience of residents of different entrances, their skills and abilities, which can be useful to the entire neighboring community, which also includes residents of the house.

To strengthen good neighborly relations, it is very useful to conduct your own “home surveys”, for example, to identify neighboring talents using the proposed questionnaire.

In many municipalities, “Regulations on house committees” have been developed and adopted, which provide for the transfer to these bodies of territorial public self-government of various functions related to monitoring the implementation of various tasks for the operation of the housing stock.

Members of house committees can become the most important bridges between residents and the services operating the house. However, we should hardly forget that the house committee is a public organization of residents and it is the house committees that report to the residents, it is the interests of the residents that they represent and protect.

Despite the fact that in many cities today house committees are created on the initiative of “house owners” (municipalities) and the structures operating the house - (REU, housing department, etc.), the “home owners” themselves are not ready to see representatives of residents in the house committees and are not ready cooperate and discuss various plans with house committees.

IN in this case necessary:

- “win recognition” of both residents, REU, and local authorities; - think about what worries residents in the yard and in the house;

Determine what residents can do themselves and what they need help from housing services or local authorities.

Joint, partnership projects find understanding and support (including financial) much faster than protest or unreasonable demands.

On the other hand, a competent house committee can and should act as an educator, who is called upon to show residents not only their rights, but also their responsibilities, as well as the limitations that local authorities have: not everything depends on it - for example, it is not the local authorities who determine electricity tariffs. For any organizations operating in neighboring communities, an important area of ​​their activity is to unite residents in the neighborhood and involve them in joint work to create a safe and comfortable social microclimate, in which the main characteristics are mutual assistance and mutual respect for interests.

3) District Council.

A microdistrict, as a rule, is the main territory that is considered one’s own, and the development of which is of most interest. This is the territory in which the “neighborhood community” exists.

Neighborhood community does not mean “organization.” This:

Familiar faces on the street and in the store, in the yard and at home;

Residents interested in cleanliness and comfort, in safety and, therefore, peace of mind for their children, who share pride in “their yard” or “their neighborhood”, who want to return here and invite guests, the desire to preserve, increase and embellish;

Trust your doctor and your deputy, the seller and the local police officer. A thousand threads that connect a resident with this particular territory and with these very neighbors.

The Law on LSG allows the creation of a territorial public self-government body at the microdistrict level. In different parts of Russia, such neighborhood organizations are called TOS Committees (Councils), Microdistrict Councils, or street committees.

Territorial public self-government is carried out in settlements directly by the population through meetings and conferences of citizens, as well as through the creation of bodies of territorial public self-government.

This level of self-organization is the most “interesting” for local government, the most promising for social partnership, since organizations of territorial public self-government are capable of actually taking on a number of municipal tasks.

All of these resident organizations can carry out economic activities to maintain the housing stock, improve the territory, and other economic activities aimed at meeting the social and everyday needs of citizens. All this economic activity is carried out “both at the expense of the specified citizens, and on the basis of an agreement between territorial public self-government bodies and local government bodies using local budget funds.”

This is also important because it is the Charter of the municipality that determines the procedure for organizing and implementing territorial public self-government, the conditions and procedure for allocating the necessary funds from the local budget.

One of the most serious problems in the development of neighborhood organizations as the main field of participation of residents in local government is the creation of partnerships, respectful attitude of partners towards each other and the exchange of information.

TPS organizations created by people have the right to submit to local government bodies draft municipal legal acts that are subject to mandatory consideration by these bodies and local government officials whose competence includes the adoption of these acts.

One of the most difficult tasks of organizing a TPS is to ensure that the interests of different organizations operating in the microdistrict are taken into account and coordinated. From this position, the microdistrict council acts as an organization for searching for a compromise, and its composition should include representatives of house committees and chairmen of cooperatives, a variety of other public organizations - both the Veterans Council and the society of mothers of many children. It is also very good when the Council of the Microdistrict includes representatives of various enterprises and organizations located in the territory (as, for example, it was done during the formation of the Council of the Microdistrict "Melnichnaya Ploshchad" in Chistopol, where it acts as a kind of coordination headquarters social work in the territory) .

The neighborhood council can be an effective coalition of organizations located in the territory, and its the main task- unite, coordinate and direct the efforts and resources of these organizations for the benefit of the development of the territory and its inhabitants.

The TPS body must have its own charter of territorial public self-government, which establishes:

1) the territory in which it is carried out;

2) goals, objectives, forms and main directions of activity of territorial public self-government;

3) the procedure for the formation, termination of powers, rights and obligations, term of office of territorial public self-government bodies;

4) the procedure for making decisions;

5) the procedure for acquiring property, as well as the procedure for using and disposing of said property and financial resources;

6) the procedure for terminating the implementation of territorial public self-government.

Additional requirements for the charter of territorial public self-government cannot be established by local government bodies. Working on the charter of your Neighborhood Council will greatly help you when discussing the Charter of your municipality, and other documents that define our rights and responsibilities as residents of this microdistrict, this municipality.

4) Homeowners' Associations.

One of the most effective forms of self-organization of citizens at their place of residence is the creation of homeowners' associations (HOAs) in apartment buildings based on condominiums. A condominium consists of the actual residential building and other real estate plus land plot, on which all this is located. The organization of a partnership of owners who jointly manage their condominium is fully supported by the authorities at all levels and quickly gives its benefits positive results in the form of clean and well-groomed courtyards, houses and entrances.

The creation of housing associations is regulated Housing Code, adopted in 2004, as well as Civil Code RF. There are a lot methodological recommendations on the creation of an HOA, in which you can find a sample charter, a draft memorandum of association, recommendations for holding organizational meetings, and managing the affairs of the HOA. Good advice for activists of housing partnerships - study the charter of your municipality and its regulations regulating the norms and rules of content municipal property. This will be very useful, since the activities of the partnerships are directly based on interaction with the municipality - participation in the management and use non-residential premises and land, managing funds contributed to pay for housing maintenance services, selecting providers of housing and communal services, receiving subsidies and subsidies, paying taxes.

Practice shows that literally the next day after homeowners decide to create a partnership, work begins on installing cold water and heat meters, preparing to install their own heating units, doors in the entrances are closed and insulated, windows are glazed, radiators are installed.

Many municipalities encourage the creation of HOAs as an effective means of saving city funds allocated for reforming the housing and communal services sector. For this purpose, for example, within the structure of the Committee for Housing, Communal Services and Improvement of the City Administration, a methodological center, which provides assistance to residents who have expressed a desire to unite in partnerships in preparing and conducting general meetings, developing a charter, concluding agreements with municipal services.

Although condominiums still have many problems, they are the future. It is not for nothing that in developed countries condominiums occupy a major place in the housing sector. Not everything, however, even with a strong desire, can be presented in a “rosy light”. It is necessary to note some serious problems that exist in the field of self-organization in general and the development of TOS.

To summarize, we can conclude that The federal law“On the general principles of organizing local self-government in the Russian Federation” reflects society’s readiness for change by involving local residents in the management process. The law defines various forms of self-organization of the population, all of them are united common goal- uniting citizens, developing independent thinking, developing skills for self-organization and forming their communities.

A special place is occupied by such a form of self-organization as territorial public self-government, which is characterized by a variety of levels, forms, methods and purposes of creation. CBTs form new civic roles for the population, improve mutual understanding between the population and the authorities, activate residents, and accumulate multifaceted experience. But there are also difficulties in creating TOS: the population is passive, unsure of their abilities, they belittle their civic status, do not trust the authorities, and they, in turn, do not trust the initiatives of citizens. All these difficulties, undoubtedly, need to be overcome by raising public interest in this problem and stimulating the population to solve it.

The main function of TOS is to provide solutions to local problems that affect the interests of a small group of people (residents of a microdistrict, street, house). The activities of TOS organizations fill gaps in organizing the life of a populated area and help authorities municipal authorities improve local life.

The interaction of residents' organizations regarding the urban environment with the municipal authorities is the most important field of social partnership at the municipal level.

However, the path to social partnership is long and difficult. Here you can find:

1) lack of interaction: authorities and groups of residents act completely independently of each other;

2) relationships of recognition or mutual recognition;

3) consumer relations, when groups demand certain actions from the authorities;

4) confrontation - the existence of conflict as a widespread form of relationships;

5) influence in a formal or informal form;

6) partnership or cooperation on a temporary or permanent basis;

7) relationships within the framework of a “subcontract”, when the government transfers any tasks or powers to residents’ organizations;

8) relationships of active support from the authorities, mainly in the form of financial support.

The new Law of the Russian Federation “On the Fundamentals of LSG” gives a serious impetus to the development of self-organization of residents for the implementation of territorial public self-government. By equating TOS bodies with non-profit organizations and providing the opportunity for self-organization of residents from the entrance of an apartment building to a large microdistrict, giving TOS bodies the right to maintain the housing stock, the Law also stimulates housing reform. According to the Law, neighboring communities become partners of local authorities up to economic activity with local budget funds.

TOS have the right and opportunity:

Influence the structure of local self-government bodies

Influence the work of housing offices and public health units,

Promote introduction market relations in the housing and communal services sector and the service sector,

Stimulate the possibility of competitive selection of suppliers of a wide variety of services, both public and social.

Today, TPS organizations do not oppose themselves to local self-government - they are the most important instrument for residents to exercise their right to local self-government.