Interaction of local self-government bodies with each other. The relationship of local government bodies with the territorial structures of government bodies. It is possible to formulate the basic principles of interaction between public authorities
MECHANISMS OF INTERACTION OF STATE AUTHORITIES AND LOCAL GOVERNMENT BODIES
N.V. Khanov, Cand. jurid. Sciences, Associate Professor
Russian academy National economy and public service under the President of the Russian Federation (Tula branch) (Russia, Tula)
Annotation. Within the framework of this work, the concepts of "state", "body state power"," Local government "," local government bodies "; identifies the basic principles of interaction between public authorities and local authorities; the analysis of the most important features of the main models of relations between state authorities and local self-government bodies is carried out. As a result of the work carried out, the main mechanisms of interaction between local self-government bodies and state authorities have been determined.
Key words: "state", "government bodies", "local government", "local government bodies", "interaction of government bodies and local government bodies".
In accordance with parts 1, 2 of Article 3 of the Constitution of the Russian Federation, the bearer and the only source of power in the Russian Federation is its multinational people, who exercise their power directly, as well as through state authorities and local self-government bodies.
It should be noted that both state authorities and local self-government bodies solve the same tasks together - they protect the rights and freedoms of man and citizen; create conditions that ensure a dignified life and free development of a person; provide management of processes that matter to everything Russian people... There is no confrontation, confrontation between these authorities, and there should not be. Both state power and local government are types of public power. These are its two forms. The source of both authorities, which forms them and to which these authorities are responsible, is, as already noted, the multinational people of Russia.
However, the same norm also contains the main problem associated with the construction of an effective model of interaction between public authorities and local self-government bodies: how independent
independent of government bodies are and to what extent they should be independent bodies of local self-government so that, on the one hand, the solution of problems of national importance is ensured throughout the territory of Russia (including at the lowest level territorial division countries - at the level of municipalities), on the other hand, so that the independence of local governments from public authorities in resolving issues local significance was real, not declarative.
To answer these questions, first of all, it is necessary to define the concepts - what is “the state, government bodies”, what is “local government, local government bodies”?
The versatility, scale of such a phenomenon as a state leads to the fact that in the theory of state and law there are a large number of definitions of this concept.
In a first approximation, the state can be defined as a mechanism for managing the affairs of society, a mechanism for solving national tasks and problems. There are many such national tasks and problems. First of all, it is necessary
baking of internal and external security, regulation of economic processes, social support selected categories citizens who, due to objective reasons, cannot provide themselves a decent standard of living, and many, many others.
The state as one of the forms of political and legal organization of public life is characterized by the following main features.
1. The people. The state is a union of people, organized on the basis of law on a single territory. But not every union of people forms a state. This union of people, first of all, should have a single common interest. Such a common interest for all citizens of the state is the improvement of life together through the establishment and maintenance of a fair law and order.
2. A permanent feature of the state is the presence of a certain territory, that is, the territorial organization of state power. In a state-organized society, the principle of the consanguineous organization of the population was replaced by the principle of its territorial organization.
3. The most important feature of the state is the presence of state power, which is established by the people and acts on their behalf. State power presupposes the presence of a special group of people (managers), called upon to carry out the tasks and functions of the state on professional basis... This power is representative (carries out its activities on behalf of the people). In addition, the government must meet the requirements of legitimacy - to be legal (elected, formed in accordance with the rules established by law) and enjoy the popular mandate of trust (the people must recognize this power and be ready to obey it).
4. Availability of tax and financial systems. The state establishes a system of taxes and fees for the formation of the state budget. Then it spreads
allocates these funds to various public needs.
5. Sovereignty. In legal and political science literature, state sovereignty is interpreted as the supremacy of state power on its territory ( internal sovereignty) and its independence in international sphere, in the international arena (external sovereignty).
6. System of law. The state is not just a union of people living in the same territory, but also a legal union, organized and operating in accordance with the rules of law. The state, establishing a system of generally binding rules of conduct, regulates and streamlines the existing system public relations... At the same time, the existence of a legal system legally formalizes state power and thereby makes it legitimate. All subjects of legal relations (including the state itself) function within the framework of legal norms.
Thus, the state is a territorially organized public-legal community of the population, formed on the basis of power, carrying out its activities on the basis of law with the help of a special administrative apparatus (state apparatus).
What is a public authority?
The tasks and problems solved by the state are multifaceted, therefore, to solve each problem, a separate structure is formed, which is called a "state body" or "state authority". The state body is characterized by relative structural and functional isolation in the mechanism of the state. Also, a state body is characterized by the presence of a separate range of issues to be resolved, that is, each state body has its own competence, its own powers. In addition, any state body has power, that is, it can, and often should, make decisions, the implementation of which is mandatory for all physical
and for all legal entities. In case of non-implementation of these decisions, the perpetrators are brought to various types of responsibility.
Thus, a state body is an integral part of the state mechanism, which, in accordance with a regulatory legal act, has its own structure, strictly defined powers to manage a specific area of public life and organically interact with other parts of the state mechanism that form a single whole ("brick" in the building " State").
The totality of the bodies of the Russian state, interconnected and interacting with each other in the course of the exercise of state power, forms the system of bodies of state power of the Russian Federation. In connection with the federal state structure of Russia, this system includes the bodies of state power of the Russian Federation and the bodies of state power of the constituent entities of Russia.
The system of federal bodies of state power of the Russian Federation includes the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation, and other federal bodies executive power, federal courts.
Into the system government agencies constituent entities of the Federation include legislative bodies of state power, executive bodies, and courts of the constituent entities of the Federation. According to part 1 of Article 77 of the Constitution of Russia, the system of state power bodies of the constituent entities of the Russian Federation is established by them independently in accordance with the fundamentals constitutional order Of the Russian Federation and the general principles of organization of representative and executive bodies of state power established by the Federal Law of October 6, 1999 No. 184-FZ "On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation ”.
What is “local government”?
The legislative definition of local self-government is given in part 2 of article 1 of the Federal Law of October 6, 2003 No. 131-F3 "On the general principles of organizing local self-government in the Russian Federation": "Local self-government in the Russian Federation is a form of the people exercising their power, established by the Constitution of the Russian Federation, federal laws, and in cases established by federal laws, by the laws of the constituent entities of the Russian Federation, the population independently and under its responsibility decision of the population directly and (or) through local self-government bodies of issues of local importance based on the interests of the population, taking into account the historical and other local traditions ”.
An analysis of the constitutional provisions and the content of the legislative definition makes it possible to identify the main features of local self-government in Russia:
Citizens are vested with the right to exercise local self-government;
Local self-government also has a special sphere of governance - issues of local importance;
Local self-government is implemented within municipal activities-specific management activities to address issues of local importance or the execution of individual state powers;
Local self-government, within the limits of its powers, is an independent activity;
Municipalities are independently responsible for the consequences of the adopted management decisions;
Local self-government is characterized by the presence of a dual nature - a combination of social and state principles.
What is a “local government body”?
Local self-government bodies - bodies elected directly by the population and (or) formed by the representative body of the municipal formation,
endowed with their own powers to resolve issues of local importance (paragraph 14 of part 1 of article 1 of the Federal Law of October 6, 2003 No. 131-F3 "On the general principles of organizing local self-government in the Russian Federation").
Local self-government bodies are not an integral part of the state governance mechanism. They, according to article 12 of the Constitution of Russia, are not included in the system of public authorities, therefore they represent independent form the realization by the people of their power.
However, not being bodies of state power, local self-government bodies carry out activities that are imperious in nature, since they are one of the forms of exercising the power of the people. Therefore, the decisions they make within the limits of their powers are binding on the territory of local self-government for all citizens, organizations, institutions, officials, citizens, public associations.
The structure of local self-government bodies is constituted by the representative body of the municipal formation, the head of the municipal formation, the local administration (executive and administrative body of the municipal formation), the control body of the municipal formation, other local self-government bodies provided for by the charter of the municipal formation and having their own powers to resolve issues of local importance.
The presence in the structure of local self-government bodies of a representative body of a municipal formation, the head of a municipal formation, local administration(the executive and administrative body of the municipality) is mandatory (Article 34 of the Federal Law of October 6, 2003 No. 131-F3 "On the General Principles of Organization of Local Self-Government in the Russian Federation").
So, we have decided on those social phenomena about which further discussion will go.
Interaction between public authorities and local governments is necessary, since both represent and express the interests of the people.
Public administration implies not only administrative influence, but also organizational cooperation of the state and its subjects with local self-government, ensuring the purposeful and effective functioning of municipalities. In direct communications, the main ones are control actions.
V feedbacks in the first place are the moments of cooperation and interaction, initiative from below, perception and effectiveness of direct ties. When building an optimal system for managing public affairs, an optimal combination of direct and feedback connections is important.
Speaking about the interaction of government bodies and local government bodies, first of all, we mean the interaction of government bodies of the constituent entities of Russia and local government bodies.
What are the basic principles of interaction between government bodies and local government bodies?
Today, interaction between regional government bodies and local self-government bodies is based on the following principles:
The principle of unity of goals and objectives in ensuring the rights and freedoms of man and citizen, in the implementation of national interests;
The principle of comprehensive state support for the implementation and development of local self-government;
The principle of delimiting the subjects of jurisdiction and powers between government bodies and local government bodies;
The principle of independence in the exercise of their powers in the field of places
nogo self-government by the population, bodies and officials of municipalities;
The principle of non-interference of state authorities in the competence of local self-government bodies;
The principle of mutual transparency and awareness;
The principle of mutual control;
The principle of mutual responsibility;
Principle of legality (principle of detailed legal regulation public relations arising in the process of interaction between state and municipal authorities);
The principle of equality of municipalities (creation of a regime equal rights new, organizational and financial and economic opportunities);
Provision of financial and material resources in the implementation of issues requiring a joint solution;
There are three main models of the relationship between public authorities and local governments:
1.administrative (state);
2. decentralized (public);
3. dualistic.
The first model is characterized by the presence of strict guardianship of local self-government on the part of state authorities. Very often, local government decisions do not take effect under this model without the approval of a government-appointed local administrator. In fact, when using this model of local self-government, one can speak not about local self-government, but about local government, then about management at the lowest level of the territorial division of the state.
The second model (decentralized) is characterized by the absence of a government-appointed representative, a “overseer”.
This does not mean the absence of control, supervision by state bodies over the activities of local self-government bodies. There is control, but it is mediated. And it is not implemented
administrative methods (command-order), and judicial.
And, finally, the third model of relations between state authorities and local self-government bodies is dualistic. As its name implies, it is a kind of symbiosis of the two above-mentioned models of relationships.
This model differs in that local self-government, on the one hand, is independent in strictly defined issues (in those cases when it solves issues of local importance), on the other hand, is considered as part of the system of state power (when it comes on the implementation of state tasks).
This model, which, by the way, has been implemented in Russia, is constantly evolving, either in the direction of an administrative one, or in the direction of a decentralized model of relationships. In the early years of her practical implementation there were tendencies of transformation towards a decentralized model of interaction, which led to a serious loss of control over territories, which can be effectively eliminated by the state power on the basis of current legislation was unable to. A federal reform of local self-government was carried out, the purpose of which was to "embed" local self-government into the system of state power, as a result, the dualistic model in Russia is being transformed into an administrative one.
The interaction of local governments and public authorities is carried out in the form of the following mechanisms:
1. Influence of government bodies on local government bodies. This influence is carried out in different forms:
Normative legal regulation (establishment of general principles for the organization of local self-government by laws and other state normative legal acts, the adoption of laws on the vesting of local self-government bodies
certain state powers, ...);
State control over the legality of the activities of local self-government bodies;
Control over the implementation by local governments of certain state powers transferred to them;
Early termination powers of representative bodies of local self-government, removal from office of heads of municipalities.
2. The influence of local government bodies on government bodies. This influence is realized in the following forms:
Implementation of legislative initiative by representative bodies of local self-government in the legislative (representative) body of state power of a constituent entity of the Russian Federation;
Complaints against the actions of public authorities in the prosecutor's office
ratur, other bodies with control or supervisory powers in relation to the relevant government body;
Appealing by local government bodies in court against acts of public authorities.
3. In the form of interaction between local governments and public authorities on an equal footing by concluding agreements on joint activities in the interests of the population; in the form of participation in the work of advisory bodies created on a parity basis (conciliation commissions, meetings, councils ...).
So, the interaction of state authorities and local self-government implies that they, as partners, are at least equal in relation to the main object of management, and it is carried out in order to achieve a common goal - to increase the level and quality of life of the population of each municipal formation, region, state as a whole. ...
Bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993, taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 No. 6-FKZ, dated December 30, 2008 No. 7 - FKZ, dated February 05, 2014 No. 2-FKZ, dated July 21, 2014 No. 11-FKZ) // Collected Legislation of the Russian Federation - August 04, 2014 - No. 31, Art. 4398.
2. Federal Law of October 6, 1999 No. 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" // Collected Legislation of the Russian Federation - October 18, 1999 - No. 42, Art. 5005.
3. Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation" // Collected Legislation of the Russian Federation - October 6, 2003 - No. 40, Art. 3822.
MECHANISMS OF INTERACTION OF BODIES OF STATE POWER AND BODIES OF LOCAL SELF-GOVERNMENT
N.V. Khans, candidate of legal sciences, associate professor
Russian academy of national economy and public administration under the President of the Russian Federation (Tula branch) (Russia, Tula)
Abstract. In this work examines the concept of "state", "public authority", "local government" "local government"; identifies the main principles of interaction of bodies of state power and bodies of local self-government; analyzes the most important features of the basic models of relations between state bodies and bodies of local self-government. The result of this work identified the main mechanisms of interaction of local governments and public authorities.
Keywords: "state", "public authorities", "local government", "local government", "interaction of bodies of state power and bodies of local self-government"
Federal Law No. 131-FZ does not directly mention the need for interaction between state and municipal bodies. However, the strengthening of this interaction is expected in connection with the definition of a new legal framework for the participation of state bodies in the affairs of municipalities and, conversely, of municipalities in the affairs of state bodies. Strengthening interaction, if at the same time the independence of local self-government established by law is observed, of course, will have a positive effect on the implementation of public policy in various spheres and, ultimately, on the living conditions of Russian citizens.
Now, economic stability, real economic growth, and an increase in the living standards of the population are directly related to the improvement of the management mechanism, the use of new methods of state influence on the development of society. Nowadays, it is extremely important to balance the centralized and decentralized management of economic and social processes. Therefore, coordinated efforts of all levels of public authority are needed within the framework of their powers and taking into account the capabilities of each level.
Each level of power, acting as a governing subject, acts "in its own field." But at the same time, his actions complement the actions of every other level. Local self-government bodies, performing their functions in this respect, participate in the implementation of federal and regional programs and projects. At the same time, regional and federal government bodies participate in investment programs and projects of municipalities.
Assistance to municipalities on the part of state bodies is of great importance for the development and strengthening of local self-government. This assistance is provided primarily through transfers, i.e. excretions Money from the federal and regional budgets, as well as methodological assistance in resolving issues of local importance, training of personnel of municipalities, etc.
It is characteristic that in conditions when local self-government is not able to successfully solve many urgent problems of social infrastructure due to the weakness of personnel, wear and tear material base, healthcare, education, housing communal services, the lack of organizational capabilities of the municipal authorities to overcome the problems accumulated over many years, the state directly takes on these matters, drawing up and implementing national action programs and allocating huge material and financial resources to modernize the conditions and methods of teaching children in schools, equip polyclinics with modern equipment and transport and hospitals, relocating hundreds of thousands of citizens from dilapidated and dilapidated housing, etc. Of course, local governments are also involved in the implementation of these programs, yet the first word is still with the state authorities. It is in this way that the state seeks to bring local self-government to a higher level.
It is extremely important to create a Council for the Development of Local Self-Government under the President of the Russian Federation, and a Council for Local Self-Government under the Chairman of the State Duma, discussing pressing problems of local authorities and developing recommendations aimed at effectively solving problems of vital importance for the population by municipal bodies. As an example, we can cite the discussion at a meeting of the Council for the Development of Local Self-Government under the President of the Russian Federation in October 2010 of issues of landscaping and improving the quality of housing and communal services. In fact, these are issues of local importance. But the situation in this area is a crisis. And the President of the Russian Federation brought the discussion of these issues to the federal level in order to better combine two principles in their solution - reasonable legislative unification and local specifics, i.e. find a balance of legal regulation of relations in important areas of municipal activities.
This practice once again confirms that local affairs are of great importance not only for the population of specific cities and villages, but also for the state as a whole, that they cannot be strictly differentiated, especially since they sometimes acquire political significance. It is no coincidence that they began to be discussed even at meetings of the Presidium of the State Council of the Russian Federation. In October 2010, the President of the Russian Federation D.A. Medvedev said that “the state of the communal infrastructure is of very serious concern to all of us. According to expert estimates, more than 60% of the fixed assets of the communal services have served their normative period. until now have been undertaken, it is necessary to radically intensify "* (84). At the federal level, a Fund for Reforming the Housing and Utilities Sphere has been created, the funds of which, together with the funds of the constituent entities of the Federation and municipalities, are spent on solving the problem on which the way of life and living standards of a huge number of people depend.
Such an active and direct participation of the federal authorities in solving municipal affairs is, of course, not accidental. It is caused by the special conditions of the modern life of local self-government, which is just beginning to identify itself, to enter into the coordinates established for it by the Constitution of the Russian Federation and legislation.
For the normal interaction of state bodies and local self-government bodies, it is necessary to develop a system of these relations. There is no such developed system yet. However, it begins to take shape gradually. The content of this system includes, of course, financial and material participation in each other's affairs. But not only.
Developed information relations between municipal and state bodies, mutual information on issues of interest to both parties are essential for building business partnerships and close cooperation. The practice of information relations between municipal and state bodies in recent times is developing quite noticeably. Moreover, the greatest result is achieved where these relations are built on a modern technical basis. It is characteristic that in a number of regions work is being carried out within the framework of the Federal Target Program "Electronic Russia". Here, information support systems for local self-government are being created, integrated into regional systems. Such a single information space allows coordinating the activities of municipal and regional authorities in providing various services to the population, obtaining data on infrastructure facilities, etc.
If we talk about the organizational and legal forms of interaction, then contractual relations (including on the organization of information communications) between local governments and state authorities of the constituent entities of the Federation are of promising importance. Such agreements, concluded in some constituent entities of the Federation, are aimed at a mutually agreed policy in providing residents of municipalities with social and other services (in the field of education, healthcare, urban planning, housing and communal services, etc.).
In many ways, various organizational structures created under the state authorities of the constituent entities of the Federation help to establish interaction. These are joint coordination, advisory, consultative and other working bodies. With their help, in particular, regional bodies provide methodological and organizational assistance to local governments.
Interesting is the "Regulation of interaction between the executive authorities of the Republic of Tatarstan and local government bodies". It was approved by the Decree of the President of the Republic of Tatarstan in order to effective management the processes of economic and social development in the region, the establishment of interaction between the executive authorities of the Republic and municipalities.
It says that the exercise of executive, administrative and control powers by executive authorities in relation to local self-government bodies is allowed only in cases and in the manner established by the Constitution of the Russian Federation, federal constitutional laws, federal laws and laws of the Republic of Tatarstan.
The interaction of executive authorities with local self-government bodies is carried out on the basis of the principles of assistance of executive bodies to the development of local self-government on the territory of the Republic of Tatarstan, the independence of executive bodies and local self-government bodies on issues of their competence, non-interference in the competence of each other, and the independence of local self-government bodies from the executive bodies , with the exception of cases established by federal laws and laws of the Republic of Tatarstan.
The interaction of executive authorities with local government bodies is carried out in the following main forms:
provision, within the competence, of the necessary assistance in the exercise of their powers by local self-government bodies;
the adoption by the executive authorities of decisions affecting the interests of municipalities, taking into account the opinion of the local authorities of the respective municipalities;
participation of local governments in the implementation of federal and republican programs, plans and individual events aimed at the socio-economic development of municipalities;
exercising control over the implementation by local self-government bodies of certain state powers transferred on the basis of the laws of the Republic of Tatarstan by the executive authorities, as well as over the use of material resources and financial resources provided for these purposes in cases established by law;
creation of joint permanent or temporary coordination, consultative, advisory and other working bodies, participation in their work, subject to the principle of voluntary execution of their decisions;
the implementation by the executive authorities and local self-government bodies of an agreed personnel policy when appointing to the positions of the heads of the territorial executive bodies of the Republic of Tatarstan operating on the territory of the respective municipalities, and the heads of the sectoral (functional) bodies of the executive committees of municipal districts and urban districts of the Republic of Tatarstan (emphasis mine. - V.V.);
planning and implementation of joint activities of executive authorities and local self-government bodies;
ensuring the compliance of the adopted municipal legal acts with the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Constitution of the Republic of Tatarstan, laws and other regulatory legal acts of the Republic of Tatarstan, preparing proposals for improving the legislation of the Russian Federation and the Republic of Tatarstan, municipal legal acts;
provision of information and methodological, advisory, organizational support to local governments by executive authorities;
the adoption of appropriate measures upon requests from local self-government bodies;
conclusion of contracts (agreements) on interaction, including for solving common tasks directly related to issues of local importance;
in other forms established by the legislation of the Russian Federation and the Republic of Tatarstan.
In order to organize interaction of executive authorities with local self-government bodies, the President of the Republic of Tatarstan has the right to:
hold joint meetings, create joint coordinating and advisory bodies with the participation or involvement of representatives of local self-government bodies in their work, as well as propose specific candidates for inclusion in the joint coordination and advisory bodies;
identify responsible persons for organizing interaction between executive authorities and local self-government bodies within the framework of the implementation of specific powers;
to determine the parameters for assessing the effectiveness of interaction between executive authorities and local self-government bodies;
to submit individual issues for discussion and consideration of joint coordinating and advisory bodies.
The President of the Republic of Tatarstan also ensures the implementation of conciliation procedures in the event of disagreements, controversial and conflict situations, including making a decision on the formation of a conciliation commission in cases and in the manner prescribed by the Law of the Republic of Tatarstan "On endowing municipalities with state material resources and state subsidies for resolving issues of local importance ".
Executive authorities and local self-government bodies within the framework of these Regulations:
send their representatives to participate in the work of joint coordination and advisory bodies;
invite to participate in the work of collegia, meetings, commissions, working groups, leaders or representatives, respectively, of local self-government or executive authorities;
submit proposals to the President of the Republic of Tatarstan to improve interaction;
consider mutual appeals and inform about the decisions taken;
request and receive from each other, in the prescribed manner, the necessary information and analytical materials, economic and statistical data and other information necessary to perform tasks and make decisions in accordance with the established competence.
If necessary, as well as in order to implement closer interaction between a specific executive authority and a local self-government body, an agreement (agreement) on interaction may be concluded.
The contract (agreement) on interaction between the executive power body and the local self-government body establishes a list of powers of executive power bodies and local self-government bodies exercised by the parties under the contract (agreement), determines the conditions and procedure for exercising these powers, specific rights and obligations of the parties, the responsibility of the parties , the term of the agreement (agreement) and the procedure for extending this period, the grounds and procedure for early termination of the agreement (agreement), other issues related to the implementation of the provisions of the agreement (agreement) (emphasized by me. - V.V.).
The preparation of the draft agreement (agreement) is carried out by the executive authority and the local government body, which are parties to the agreement (agreement).
The contract (agreement) is signed by the head of the executive authority and the head of the municipality.
The heads of the executive authorities of the Republic of Tatarstan, before deciding on the candidate for the position of the head of the territorial executive authority of the Republic of Tatarstan, agree on the candidacy with the head of the municipal formation on the territory of which the corresponding territorial authority operates.
In case of refusal to agree on a candidate for the position of head of a territorial body, the head of the executive body of the Republic of Tatarstan again proposes a candidate for the specified position.
In case of repeated refusal to approve the candidacy, the head of the executive body of the Republic of Tatarstan decides on the appointment of the head of the territorial executive body of the Republic of Tatarstan or on presenting him for appointment in the prescribed manner (emphasis mine. - V.V.).
The head of the executive body of the Republic of Tatarstan, simultaneously with the adoption of the above decision, informs the President of the Republic of Tatarstan and the Prime Minister of the Republic of Tatarstan (Cabinet of Ministers of the Republic of Tatarstan) about the non-approval of the candidacy.
In order to implement coordinated interaction between executive authorities and local government bodies in specific areas of activity (industries), local government bodies have the right to determine (define) a similar procedure preliminary agreement candidates for the positions of heads of sectoral (functional) bodies of executive committees of municipal districts and urban districts of the Republic of Tatarstan with heads of executive bodies of the corresponding sectoral competence (emphasis mine - V.V.).
Draft decisions of the executive authorities of the Republic affecting the interests of municipalities are sent by the head of the executive authority to the heads of the respective municipalities.
The heads of these municipalities have the right, within a month or within another specified period from the date of receipt of the draft decision, to submit their proposals and comments to it, which are subject to mandatory consideration by the relevant executive authority.
In case of disagreement with the proposals and comments made on the draft decision about the disagreements that have arisen, the head of the executive authority informs the President of the Republic of Tatarstan or the Cabinet of Ministers of the Republic of Tatarstan, respectively.
The executive authorities have the right to involve, by agreement, representatives of local self-government bodies to participate in the work of the working groups, commissions and expert councils created by them for the preparation of draft laws and other regulatory legal acts of the Republic of Tatarstan.
The executive authorities inform local authorities about the decisions they have made by sending them copies of the relevant legal acts in the prescribed manner.
Local governments are advised to inform them about the preparation of relevant decisions on issues requiring concerted action or interaction with executive authorities and send them copies of the decisions made in the prescribed manner.
If in order to resolve issues of local importance it is necessary to obtain information, opinions, expert examinations from the executive authorities, the concerned local self-government body shall apply with a request to the relevant executive authority. The deadline for obtaining the necessary information is indicated in the request.
In cases where the requested information cannot be provided within the time period specified in the request, the executive body that received the request, within five days from the date of receipt of the request, agrees with the local government body that sent the request the deadline for providing information.
The provision of information may be refused only in cases established by law.
Joint coordinating and advisory bodies are formed by the interested executive authorities and local self-government bodies, as well as by the decision of the President of the Republic of Tatarstan for preliminary consideration of issues and preparation of recommendations on them, which are of a recommendatory nature, ensuring coordinated actions when solving a certain circle tasks. Joint coordinating and advisory bodies can be created under the heads of municipal districts or urban districts of the Republic of Tatarstan.
The coordination and advisory bodies, depending on the issues for the solution of which they are formed, include representatives of the relevant executive authorities, local self-government bodies, as well as territorial bodies of federal executive bodies (as agreed). They may also include deputies of the State Council of the Republic of Tatarstan, representative bodies of municipalities, scientific organizations, public associations, which have the right of an advisory vote in decision-making.
Appeals from local authorities to executive authorities are subject to consideration within the timeframes established by law.
The head of the executive body shall notify in writing the local self-government body that sent the appeal about the measures taken on the appeals of local self-government bodies.
If necessary, regulations can be developed for the interaction of executive authorities with local self-government bodies when they carry out coordinated actions in a certain field of activity, including specific issues government controlled, including the formation of joint coordinating and advisory bodies, which, in agreement with local self-government bodies, are approved by regulatory legal acts of the Cabinet of Ministers of the Republic of Tatarstan.
Particularly important issues of interaction within the framework of these Regulations, including disagreements that have arisen in the process of interaction, on which no agreement has been reached by the executive authorities and local self-government bodies, are considered by the Council of Heads of Municipal Districts and Urban Districts of the Republic of Tatarstan.
In this extensive Regulation, in essence, almost all possible forms of interaction and cooperation of state authorities of the subject of the Federation and local self-government bodies are indicated. It is quite specific and generally complies with the current legislation. Interesting and promising are the agreements between municipalities and executive authorities of the Republic stipulated in the Regulation, which stipulate the rights, obligations and responsibilities of the parties, the term of the agreement, the procedure for its termination, etc. Such agreements "vertically" essentially organize joint actions of different levels of bodies with a special legal status for each. The system of information communications and coordination of actions affecting the competence of republican and local bodies is extremely important. It allows you to really control their efforts in areas and areas where there is mutual interest. However, two positions of the document are noteworthy.
One of them concerns the coordination with the local authorities of the appointment by the regional authorities of the heads of the territorial executive bodies of the Republic of Tatarstan. This is a very progressive norm aimed at correcting the situation when the actions of the subdivisions of regional state structures created within the boundaries of municipalities are inconsistent with the efforts of local self-government bodies. According to the Regulations, a condition for such approval should be "symmetric" approval of candidates for the positions of heads of sectoral (functional) bodies of executive committees (as local administrations are called in Tatarstan) of municipal districts and urban districts with the heads of republican state bodies of the relevant sectoral competence.
This is in no way consistent with Federal Law N 131-FZ, in accordance with Part 7 of Art. 37 which the structure of the local administration, which includes sectoral (functional) and territorial bodies, approved by the representative body of the municipality without any agreement with other, including regional, structures municipal government... The European Charter of Local Self-Government indicates (Art.6) that local authorities should be able to, without violating more general legislative provisions, determine their own internal administrative structures they intend to create in order to meet local needs and ensure effective governance.
The specified norm of the Regulation is not an accidental deviation from federal legislation. This is a trend. Unsuitable, but more and more clearly manifested not only in practice, but also in the federal legislation itself. The fact is that Federal Law N 131-FZ, contrary to its Art. 7 in another article, namely Art. 37, introduced an innovation in the procedure for the formation of local administration, providing for the institutional ability of state authorities of the constituent entities of the Federation to influence the selection of heads of local administration. Acting in the spirit of this innovation, the authors of the Tatarstan Regulation decided to go further. Organs regional authorities got the opportunity to influence the selection of not only the heads of the administration, but also the heads of the sectoral and functional local authorities. In fact, the practice of local Soviets is reviving, when it was necessary to coordinate the appointment of heads of departments and administrations of executive committees, if not with higher sectoral state bodies, then with district committees and city committees of the CPSU.
Local self-government, although it is an independent link in the system of public power of the Russian Federation, is by no means excluded from the process of governing the state as a whole. The system of government bodies cannot be considered stable until it is supported by an effective mechanism of self-government of the territories. A citizen of the state is, first of all, a resident, and only then a participant in political processes. Almost all government decisions affecting his interests go through local authorities.
In the process of exercising by public authorities and local self-government bodies of their functions, there is an inevitable interaction between these governing structures.
The interaction between government and local authorities can be defined as a set of organizational and legal forms and methods aimed at jointly solving both national and local issues. This interaction is based on certain principles that determine the following: what should be the relationship between government and local authorities; what should be the model of behavior in the relations of these organs with each other; what ideas should underlie them.
The complexity of the problem lies in the need to distinguish between the principles of organization and activity of state authorities and local self-government, and those principles on the basis of which their relationship should be organized. There is a certain identity here, but there are also differences.
The principles of relationships are derived from the first, are organically linked with them, but at the same time have their own specificity, their own content. Their peculiarity is that they are manifested in the process of interaction between state bodies and local self-government bodies. As a matter of fact, their task is to ensure, out of all the variety of possible relationships, precisely interaction as a necessary condition for optimizing and increasing the efficiency of the management activities of public authorities, which include public authorities and local self-government bodies.
It is possible to formulate the basic principles of interaction between public authorities and local self-government.
1. The principle of legality. It, of course, is fundamental in the relationship between any government and municipal government... Only with strict observance of this principle can we really talk about legal department... Such activity is possible only with a detailed legal regulation of social relations arising in the process of interaction between state authorities and local self-government.
2. The principle of expediency. The second most important principle of interaction is the principle of expediency. It is quite natural that any interaction between state authorities and local self-government should have a certain meaning, be aimed at the implementation of national goals. This principle also includes the principle of observance of national interests, highlighted in some normative acts, treating it as general to particular. Violation of the principle of expediency in the interaction of state authorities and local self-government, for example, when unjustified transfer of certain state powers to local self-government bodies, which they cannot successfully implement, should be the basis for the cancellation of the relevant legislative acts and agreements.
3. The principle of independence bodies of state power and local self-government within their competence . Bodies of state power and local self-government independently exercise their powers within the framework of their jurisdiction, without interference from other bodies. The principle of independence of state and local government bodies within their competence does not exclude, however, control by other bodies over their activities.
The independence of state and local government bodies means their legal, organizational and financial independence. Within the limits of their own competence, state and municipal authorities independently plan and organize their work, make decisions, ensure control over their implementation.
4. The principle of equality of organs state power and local government. The essence of this principle lies in the fact that: firstly, bodies of state power and local self-government enter into mutual relations as equal subjects of law; secondly, local self-government bodies of various municipalities have equal rights with each other. Ensuring this principle will minimize the differences in determining the scope of powers of each individual municipality.
Thus, equality presupposes a guaranteed minimum of equal rights and obligations of the local community and the ability to acquire and exercise the same scope of powers when they are delimited. Equality of municipalities is nothing more than the creation of a regime of their equal legal, organizational and financial capabilities.
5. The principle of inadmissibility infringement of the interests of others municipalities . This principle is aimed at creating such conditions under which the exercise of powers by one municipality extends only to the border from which the exercise of powers by another municipality begins. The practice of applying this principle will act as a specific indicator that determines the degree of freedom and security of municipalities.
6. The principle of reconciliation of interests. Compliance with the principle of reconciling the interests of the constituent entity of the Federation and the interests of the municipality is consistent with the limitations of their competence, since each of them must reckon with the rights and interests of the other, is obliged to contribute to the normal functioning of both the state authorities of the constituent entity of the Federation and local self-government bodies, the implementation of their powers. The specified principle to the greatest extent of all the principles is subject to legal regulation and on its basis a mechanism of interaction can be created, since the basis of mutual actions can only be the voluntary consent of the participants in the relationship.
The semantics of the word "agree" means to discuss, to develop a common opinion about something, to get agreement on something. Securing such unity and harmony by legal means will contribute to the effective joint activities of state bodies, i.e., their interaction.
In practice, this is achieved by informing each other about work plans, ongoing activities, documents being developed, as well as by coordinating - agreeing on plans, actions of state bodies and their structural units for the sake of solving common problems. To carry out these functions, the bodies of state power and local self-government create special conciliation or coordination commissions, or they themselves undertake their implementation. Finally, an important role is played by monitoring the progress of the implementation of the agreed activities, during which an assessment is made of what has been done and the compliance of the implementation with the decisions made and the agreements reached is established. Based on the control results, deviations from the specified state are eliminated or the solution that determines this state is corrected.
7. Resource Principle. It is aimed primarily at providing local self-government bodies with the necessary for them to implement the powers assigned to these bodies, both those delegated to them by the state and related to the subjects of their jurisdiction. This principle is usually enshrined in all laws of the constituent entities of the Federation on the transfer of certain state powers to local self-government bodies. It is also included in the draft Federal Law “On the General Principles of Endowing Local Self-Government Bodies with Certain State Powers in the Russian Federation”. It should be borne in mind that it should be not only about the allocation of the necessary financial resources, but also about the availability of other resources: material, human, legal, etc.
8.P principle of mutual responsibility. In the relationship between public authorities and local self-government bodies, it should be not only about the responsibility of local self-government bodies to state bodies, but also about the responsibility of the state bodies themselves.
9. The principle of publicity. The principle of publicity of the conclusion of contracts, agreements means a guarantee of the protection of the rights of the municipality, since full information ensures the impossibility of unilaterally changing mutual rights, duties and responsibilities established by contract.
It seems that in order to increase the efficiency of state and municipal administration, these principles should be enshrined at the legislative level.
The principles of interaction between public authorities and local governments are, as noted above, basis, on which all relationships between these bodies, legal forms and mechanisms of their interaction should be built. At the same time, in the absence of specific norms, public authorities and local self-government should be guided by general principles.
POLICY AND LAW
I. V. Lobanov
FORMS OF INTERACTION OF STATE AUTHORITIES IN THE RUSSIAN FEDERATIVE STATE
Annotation. In the Russian federal state, forms of interaction between government bodies, which include control, cooperation, coordination, and joint activities, are of great importance. The use of these forms allows federal and regional government bodies to more effectively carry out their functions related to the implementation of the foreign and domestic policy of the state.
Key words: authorities, interaction, control, cooperation, coordination, joint activity.
Abstract. In the Russian federal state a crucial emphasis is put on forms of cooperation between public authorities, which include: control, cooperation, coordination, joint activities. Application of these forms allows federal and regional state authorities to more effectively perform its functions related to foreign and domestic policy implementation.
Key words: authority, collaboration, control, cooperation, coordination, joint activities.
Recently in Russia much attention has been paid to the practice of coordinated actions of the state and its bodies in pursuing a unified policy of ensuring the security and well-being of both the country as a whole and its inhabitants. Considering the category of "interaction" in the legal sense, one should agree with V.V. Kudinov, who indicates that interaction is an active manifestation (in accordance with the norms of the current legislation) of the subjects (participants) of interaction, agreed on the goal, based on cooperation, business cooperation and mutual assistance in the interests of solving their common problems.
Interaction between authorities in a federal state is based on the principle of separation of powers, and acting both horizontally (division into legislative, executive and judicial branches) and vertically (separation between federal and regional authorities). At the same time, one cannot say that this principle is schematic, frozen, established once and for all. On the contrary, in a complex federal state, it is endowed with such a property as dynamism, since the diversity of life dictates the need to maintain a balance both between different branches of government and levels of government. In this regard, one should agree with T. M. Pryakhina in the sense that the "sterile purity" of the separation of powers is unnecessary and has not yet been accepted by any state. Between the various branches
There cannot be and should not be an impenetrable barrier to power. They must be able to interact and control each other in order to effectively manage, and also in order to prevent a dangerous concentration of powers in the hands of one of the branches of government. This is what seems to be especially important for a complex federal state, consisting of a large number of subjects, which is the Russian Federation. N.V. Simonova, in this regard, considers the interaction of public authorities on the territory of a constituent entity of the Federation as a process aimed at establishing natural relations between public authorities in this territory in order to develop an effective mechanism of joint actions necessary for the harmonious functioning of the state and the population.
Such interaction between public authorities in a federal state presupposes various forms of their joint activity. There is no unity among scientists as to what can be attributed to the concept of "a form of interaction between government bodies."
According to A.V. Bezrukov, one should distinguish between such forms of interaction as interaction with an active Center (legislative definition of federal relations), parity cooperation (cooperation on an equal footing), interaction with an active role of subjects (participation in the federal legislative process). Interaction can also be general, cross-sectoral and sectoral (depending on the bodies carrying out the interaction), direct, indirect and intermediate (in terms of the degree of immediacy of the impact).
O. Yu. Bakaeva and E. V. Shilina name the following forms of interaction: support, cooperation, coordination of efforts, joint activities, interpenetration. A.G. Golubev and I.I. Gusen-bekov distinguish control and coordination of the activities of interacting subjects. However, some of these forms absorb each other, some are very close in meaning, therefore, summarizing all these opinions, the following can be distinguished among the forms of interaction between government bodies in the Russian federal state: control, cooperation, coordination, joint activities. We will try to consider them consistently.
One of the most effective forms of joint activities of federal and regional authorities is control, which is also one of the most important functions of state bodies. We must agree with N.N. Fedoseeva that state control, due to the political nature of the state itself, is closely related to its political function. On the present stage This development is expressed in ensuring effective reform of the system of state bodies, ensuring the centralization of power, timely regulation of vertical power relations and responding to various deviations. In modern legal science, under state control it is customary to understand the verification of the compliance of the results with the previously specified parameters carried out by state bodies. That is why the control functions of federal bodies of state power in relation to the activities of regional bodies act as a very effective lever for stopping and preventing deviating from the required parameters.
meters of activity of the latter. However, control also contributes to a more complete and effective implementation of the functions of the state and its bodies.
A.V. Filatova identifies the following distinctive features of control (supervision) as a function of state bodies:
1) the relevant authorities implement the goals of ensuring the legality and expediency in the field of public administration. Objectively, very diverse forms of control and supervisory activities have a single purpose, which is to establish factual data and collect information on the implementation of regulatory legal acts on the issues being established;
2) these bodies are endowed with administrative powers, including the power to make decisions, and the admissibility (if necessary) of prompt intervention in the activities of controlled individuals and legal entities to neutralize and correct identified deficiencies and abuses: suspension or cancellation of illegal or inappropriate acts of management, application of administrative - preventive, administrative and restorative measures, as well as decision-making on involvement in various types of legal responsibility;
3) control supervisory bodies in the system of executive authorities of Russia have organizational isolation.
You can talk a lot about different types of control - parliamentary, inter-sectoral, sectoral, intra-sectoral. However, in the context of interaction between federal and regional authorities, we can talk about control in the sphere of executive power. After all Federal Assembly The RF does not have any controlling functions in relation to the legislative (representative) bodies of state power of the constituent entities of the RF. Their relationship is covered by the concept of "cooperation".
With regard to executive authorities, it can be said that in accordance with the Decree of the President of the Russian Federation of March 9, 2004 No. 314 "On the system and structure of federal executive authorities", the main control function belongs to the ministry, which exercises sectoral (intradepartmental) control carried out by the industry or sphere in relation to subordinate bodies and personnel on all issues of the executive and administrative activities... At the same time, all federal executive bodies and their territorial structures exercise control over subordinates (subordinate), and the heads (administration) of specific organizations - internal control over the activities of their structural divisions and their officials. The executive authorities of the constituent entity of the Russian Federation are also the object of control when transferring any state powers to them. federal level and related budgetary funds.
It is quite natural that the main control function in the Russian state belongs to specialized control bodies: the Accounts Chamber of the Russian Federation, control and accounting bodies of the constituent entities of the Federation, and other specialized control and oversight bodies. In accordance with the Federal Law of February 7, 2011 "On the general principles of organization and activities of the control and accounting bodies of the constituent entities of the Russian Federation and municipalities", the control and accounting body
of the constituent entity of the Russian Federation is a permanent body of external state financial control and is formed by the legislative (representative) body of state power of the constituent entity of the Russian Federation. As a result of the implementation of the control form of interaction between federal bodies of state power and bodies of power of the constituent entities of the Russian Federation, certain important results should be achieved: failure to comply with government decisions within a specified time frame is prevented, the level of organization in management activities is increased, and undesirable consequences that could entail violations of citizens' rights are prevented.
Cooperation between federal and regional level involves activities in the field of joint jurisdiction related to the implementation of the main functions of the Russian state. It is designed to take into account and coordinate the various interests of both authorities and citizens. Most often, this interaction is implemented through the conclusion of agreements between the executive authorities on cooperation in a particular area of management.
For example, within the limits of its competence, the federal service can interact with the control and supervisory bodies of the executive power of the constituent entities of the Russian Federation directly or through its territorial bodies by jointly conducting control and oversight activities; delegation of part of the authority when conducting state control and supervision in the assigned area (area); conclusion of cooperation agreements.
Coordination is another important form of interaction between government bodies in the Russian Federation. If we turn to the explanatory dictionary of the Russian language, then there "coordination" is seen as "coordination, the establishment of an appropriate relationship between some actions, phenomena." Coordination presupposes that there is a mutual connection between various subjects, among which one or several more active ones stand out, forcing the entire system to move harmoniously and in one direction.
For organs the legislature coordination involves the approval of plans for legislative work, the adoption of regulations that will be combined and not contradict each other, as well as the adoption of federal laws on issues of joint jurisdiction, which may find their development in regional legislation.
With regard to the executive authorities, according to a number of authors, coordination can be defined "as a specific type of state power activity, expressed in ensuring the unity of actions of executive authorities for the optimal achievement of certain goals or the implementation of a single focus in the work of any industry or sphere of public administration" ...
Joint activity as a form of interaction between government bodies presupposes the performance by each government body of certain work using its own resources in order to ensure the functions of the state. Such joint activity can be carried out both on the basis of a law and on the basis of an agreement between its participants by combining their efforts and material resources.
Joint activity is conditioned by common socio-economic problems that arise in the spheres of activity of the Federation and the constituent entities of the Federation, and equal interest in their coordinated solution. State authorities act here as public legal entities in civilian circulation with certain material resources under their jurisdiction. Agreements signed by officials, heads of government bodies serve legal framework their equal cooperation.
Thus, having considered the forms of interaction between government bodies in Russia, one can come to a number of conclusions.
Firstly, the use of these forms allows public authorities to better perform their functions related to the implementation of foreign and domestic policy of the state.
Secondly, not all forms of interaction can be applied to various authorities, for example, for federal and regional legislative authorities such a form as control over each other's activities is unacceptable.
Thirdly, a number of government bodies can simultaneously apply all forms of interaction for more effective implementation of their activities, to a greater extent this applies to executive bodies.
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Lobanov Ivan Vasilievich
candidate legal sciences, Associate Professor, Department of State Legal and Criminological Disciplines, Russian Economic Academy named after G.V. Plekhanov (Moscow)
Lobanov Ivan Vasilyevich Candidate of juridical sciences, associate professor, sub-department of state, legal and criminological discipline, Russian Academy of Economics named after G. V. Plekhanov (Moscow)
Email: [email protected]
UDC 342 Lobanov, I.V.
Forms of interaction between public authorities in the Russian federal state / I. V. Lobanov // News of higher educational institutions. Volga region. Social Sciences. - 2011. - No. 2 (18). -WITH. 3-8.