Municipal and local government is the difference. Municipal power and state power: constitutional and legal basis for interaction. Varieties of local federal taxes
· The system of local self-government occupies a special place in the state due to its social and state nature. The local government system provides communication between the state and the population, as well as between the state and the small owner.
State authorities are in charge of those matters that represent the interests of the state as a whole (defense and security, internal and foreign policy, economic relations, judicial system, human and civil rights and freedoms, etc.), and local government is engaged in the implementation of the common interests of territorial collectives ( general education, healthcare, landscaping, communal services etc.).
Four main differences were formulated by L.A. Velikhov:
- Self-government, in contrast to state power, is a subordinate power, acting within the limits and on the basis of laws adopted by state authorities.
- Self-government is possible only when the part of the public affairs in which it deals (the subjects of its jurisdiction) is strictly defined. This is how it differs from the councils, where all levels of government were engaged in everything and only the decision was final. central authorities authorities.
- To exercise powers in these areas of jurisdiction, local government must have its own resources in the form of an independent budget and municipal property.
- This power requires the mandatory presence of representation of the population, i.e. it is elective.
The peculiarity of the position of local self-government in the state (duality) also determines the characteristics of the municipal economy. Municipal economy (from the point of view of economic activity) - to a large extent bears the features of a private economy, tk. acts on the market as an independent and equal subject of economic activity, i.e. can independently dispose of his property, financial resources, land. However, local governments should use all these resources to perform public functions assigned to them. Hence, the forms of distribution of the results of economic activity are social in nature. Municipal economy - joint-stock company, the participants of which are all residents of the municipality. However, "dividend payments on shares" are made in the form of a public significant goods and services.
We emphasize that the concept of a municipal economy includes economic entities of both municipal and other forms of ownership, but only those whose activities serve to meet the collective needs of the population of the municipality.
Municipal districts and urban districts in Russia appeared in 2003 after the adoption of the law “On general principles local government organizations in Russian Federation". Today in Russia there are:
- More than 1800 municipal districts.
- More than 500 urban districts.
- 3 urban districts with inner city districts.
By and large, municipal districts and urban districts are the former districts of the region and separate cities, but there are also important differences. The self-government reform finally approves the division of power into executive and representative, which in the Soviet system could not have been in principle (the council actually unites both branches in itself).
One of the goals of the reform is to clearly divide the powers of one or another administrative unit so that they do not duplicate each other, which in the old administrative system met very often and brought legal confusion.
After the start of the reform, there was such a phenomenon as separatism of urban districts, when cities tried to secede from municipal districts so as not to bear, in their opinion, an unnecessary budgetary burden associated with the maintenance of lagging territories.
What is a metropolitan area?
The municipal district is a separate independent multi-component unit in Russian system local government. It may include inter-settlement territories, urban, rural settlements located in the same territory.
The administrative center of a municipal district may be one of its constituent units. Management can be carried out by executive bodies in the person of administrations and representative bodies in the person of a meeting of deputies. In fact, the municipal district is identical to the pre-revolutionary counties and districts of the Soviet period.
Powers of the governing bodies of the municipal district
The jurisdiction of the authorities of the municipal district includes all issues that, according to Russian legislation on local self-government, can be resolved at the local level. Among the primary functions of this administrative unit are the formation and management of the local budget, the organization of health care and the protection of law and order by the municipal police, and the solution of issues related to the structure and maintenance of institutions of secondary and preschool education in the entrusted territory.
According to the legislation, administrations are obliged to comply with the level of budgetary provision of subordinate units, supporting low-income rural settlements on their territory.
Administrations of municipal districts are also responsible for the condition of the road network, its repair and maintenance, recycle or recycle household and other waste, is responsible for supplying the population with electricity and gas, has the right to engage in guardianship and trusteeship, establish museums local significance.
The competence of the municipal district includes the conduct of local sports and cultural events, the establishment of symbols, the organization of security the environment, local elections, referendums, etc.
What is an urban district?
Unlike municipal districts, urban districts tend to include one administrative unit, one city. But there are exceptions when, in addition to big city adjoining small settlements are included in the okrug. The powers of administration of municipal districts and urban districts are practically identical, however, at the same time, an urban district cannot be part of a municipal district, which significantly distinguishes it from an urban settlement.
In 2014, after making changes to Russian legislation on local self-government, an opportunity arose for the formation of intracity areas within urban districts.
Similarities and Differences Between a Municipal Area and an Urban District
Both administrative units have identical powers as elements of local government. For a municipal district and an urban district, the possibility of transferring the powers of state authorities to them is provided.
Thus, the difference between them lies primarily in the purely territorial sphere. Whereas a municipal district is usually an amalgamation of several small units, an urban district is predominantly one large settlement.
We considered the classification of taxes according to various criteria in and indicated that taxes and fees at the level of budgets are federal, regional and local. Here is a closed list of federal, regional and local taxes and fees in our material.
List of federal, state, and local taxes and fees
The fact that taxes are federal, state and local determines the differences in the order in which they are introduced, applied and canceled. For example, local taxes established by the Tax Code of the Russian Federation and legal acts municipalities or city laws federal significance, are obligatory for payment on the territories of the corresponding municipalities or cities of federal significance (clause 4 of article 12 of the Tax Code of the Russian Federation).
For example, the trading tax was introduced only on the territory of Moscow (clause 1 of article 410 of the Tax Code of the Russian Federation, clause 4 of article 4 of the Federal Law of November 29, 2014 No. 382-FZ, Moscow City Law of December 17, 2014, No. 62).
And the land tax is valid throughout the territory of the Russian Federation, but the authorities of municipalities and cities of federal significance for land tax establish tax rates within the limits provided for by the Tax Code of the Russian Federation, tax incentives, as well as the procedure and terms for the payment of tax by organizations (clause 2 of article 387 of the Tax Code of the Russian Federation).
Unlike local taxes, federal taxes(with the exception of special modes) are established exclusively by the Tax Code of the Russian Federation and are obligatory for payment throughout the territory of the Russian Federation (clause 2 of Article 12 of the Tax Code of the Russian Federation).
Let's list federal, state and local taxes, including special tax regimes:
At the same time, it should be borne in mind that federal, regional and local taxes and fees cannot be offset among themselves: offset is made within the framework of taxes of one type (federal taxes are credited to federal taxes, and local taxes are credited to local ones) (
The procedure for adopting the charter of the Moscow region.
The draft Charter, the draft IPA on amendments and additions to the Charter can be introduced to the City Duma by the head of the Moscow Region, deputies of the City Duma, TPSG bodies, citizens in the manner of lawmaking initiative.
The draft charter, the draft act on amendments and additions to the charter, no later than 30 days before the date of consideration of the issue of acceptance, are subject to official publication (promulgation) with the simultaneous publication (promulgation) of the consideration of proposals on the draft of the specified charter, the draft of the specified IPA, as well as the procedure participation of citizens in its discussion.
The MO Charter, the act on amendments and additions to the charter are adopted by a majority of 2/3 votes of the established number of deputies representative body.
The charter of the MO, the IPA on amendments and additions to the charter are subject to official publication (promulgation) after their state registration and come into force after their official publication(promulgation).
Changes and additions made to the charter of the Moscow region and changing the structure of local self-government bodies, the powers of local self-government bodies and elective officials LSG, enter into force after the expiration of the term of office of the representative body that adopted the IPA on the introduction of the specified amendments and additions to the charter.
The MO charter is adopted by the representative body of the MO. And only in small numbers (up to 100 people) the charter of the Ministry of Defense is adopted directly by the population at a gathering of citizens. The charter of the MO, the IPA on amendments and additions to the charter are subject to state registration with the justice authorities in the manner prescribed by the Federal Law "On state registration of the statutes of the MO". The MO charter is sent by the MO head to the registering authority within 15 days from the date of its adoption. The decision on state registration of the charter of the MO is made within 30 days from the date of its submission for state registration. State registration of the charter is certified by a certificate of state registration. The grounds for refusing state registration of the charter of the Ministry of Defense, the IPA on amendments and additions to the charter may be: contradiction of the charter of the Constitution of the Russian Federation, the Federal Law, the constitutions (charters) and laws of the constituent entities of the Russian Federation adopted in accordance with them; violation of the procedure for adopting the charter established by the Federal Law "On General Principles of LSG in the Russian Federation". Refusal of state registration can be appealed by citizens and local self-government bodies in court.
7. The concept and features of municipal government.
Municipal government- a type of public authority based on the norms of law established by the state, which is a system of power relations that form within the MO, implemented on behalf of and in the interests of the local community in order to implement the functions of LSG.
Municipal power is public power.
The nature of the municipal government:
1) it is part of the government
2) it is an independent and independent type of public power, public power, based on the opposition of the state and society;
3) dualism - public and state (ideally) - most scientists are in solidarity
All 3 components are the evolution from state power to public power through its dualism. Never in transition periods the state should not lose sight of public relations
Similarities and differences between municipal and state authorities
Similarities:
1) a kind of public authority;
2) the presence of a management apparatus, the availability of a budget;
3) continuity in time;
4) apparatus of coercion, etc.
Differences:
1) social essence: self-government has always accompanied the existence of human civilization. The community is a vivid example of self-government in the pre-state period. 2) government- supreme, sovereign, municipal power - subordinate power acting in the manner, within the limits established by the supreme power.
3) state power - the territory of the entire state, municipal power - the territory of a municipal formation.
4) on resolved issues: state power - resolving issues state significance, which reflect the interests of the state as a whole, municipal authorities - the interests of the population and the territory itself
5) state power - tough subordination
8. Constitutional foundations local government in the Russian Federation.
LSG in the Russian Federation is one of the most important elements of the state structure of Russia, provided for by the Constitution of the Russian Federation, adopted in 1993. The Basic Law of Russia contains a number of conceptual provisions that fundamentally distinguish the present state structure of the Russian Federation from the previous one in terms of the implementation of LSG. First of all, these provisions include constitutional norms setting:
1) guarantee of LSG by the state (Articles 12, 133);
2) the independence of LSG within the limits of their powers (Articles 12, 130, 131, 132);
3) organizational isolation of LSG from the system of state authorities (Article 12);
4) implementation of LSG taking into account historical and other local traditions (Art. 131);
5) the possibility of vesting local self-government bodies with separate state powers, subject to the transfer of the necessary for implementation delegated powers material and financial resources (Article 132).
Particularly noteworthy is also Art. 15 of the Constitution, which established the obligatory observance of the local self-government bodies of the Constitution of the Russian Federation and laws.
According to Part 2 of Art. 3 of the Constitution of the Russian Federation “the people exercise their power directly, as well as through the bodies of state power and LSG”. Articles 3, 32, 131 of the Constitution provide for the implementation of LSG by the population both directly and through representatives. These norms make it possible to assert that LSG is one of the forms of exercising democracy by the people. The specificity of this form is revealed in Part 1 of Art. 130 of the Constitution, according to which LSG provides an independent decision by the population of VMZ. The qualifying feature of the VMZ, specified in the Federal Law No. 131 (Art. 1), is the direct support of the life of the population of the Moscow region.
From all of the above, we can conclude that the Constitution of the Russian Federation, being the main law of society and the state, has established a system of norms on local self-government, on which all other legal acts should be based. The basic, special law that develops the norms of the Constitution of the Russian Federation regulating relations in the local self-government system is Federal Law No. 131. All other laws containing norms municipal law, cannot contradict the named law, as well as the Constitution of the Russian Federation.
9. Concept, signs of local government.
LSG is a form of the people's exercise of their power, ensuring, within the limits established by the Constitution of the Russian Federation, the Federal Law, and in the cases established by the Federal Law, by the laws of the constituent entities of the Russian Federation, an independent and under its responsibility decision by the population directly and (or) through the LSG VMZ based on the interests of the population with taking into account historical and other local traditions.
LSG - recognized and guaranteed by the Constitution of the Russian Federation, the independent and under its responsibility the activities of the population by decision directly or through the LSG VMZ, based on the interests of the population, historical and other local traditions.
LSG (Art. 3 EHMSU) - the right and real ability of LSG to regulate a significant part of public affairs and manage it, acting within the framework of the law under its responsibility and in the interests local population.
Several basic elements (features) can be distinguished in the concept of LSG:
2) LSG is independent activity population. Local self-government bodies, within the limits established by law, have complete freedom of action to implement their own initiatives on the VMZ. The independence of LSG is primarily determined by its separation from the system of state power. In addition to the population of the Moscow region, there is no subject to which the local self-government bodies would be subordinate. The Constitution of the Russian Federation specifically emphasizes that the structure of local self-government bodies is determined by the population independently (Article 131), local self-government bodies independently govern municipal property, form, approve and execute local budget, establish local taxes and fees, carry out the protection of public order, and also decide other VMZ (Art. 132);
3) LSG is carried out by the population under its own responsibility;
4) LSG is carried out in two forms, directly (through municipal elections, local referendum, participation in meetings (gatherings) of citizens, people's law-making initiative, citizens' appeals, creation of TPSG) and through LSG (elected and other bodies, empowered for the solution of the VMZ);
5) LSG is carried out based on the interests of the population, its historical and other local traditions. This feature expresses the principle of decentralization - the lack of uniform, standard approaches to the management of local affairs, since each MO has its own historical and local traditions, determined by various: geographic, climatic, demographic, economic and other factors.
10. Theories and models of local government.
Theories of LSG - the basic teachings about LSG, its essence, organization and development paths.
The main theories of LSG:
Free community theory
Social (economic) theory
State theory
Dualism theory municipal government
Social service theory
Free community theory.
The theory of a free community was spread in Germany at the beginning of the 19th century, and was based on the postulates of natural law. The main idea of the theory of a free community was the rationale for limiting state interference in the activities of the community.
The main provisions of the theory of a free community:
Local self-government bodies should be elected by the population
Local self-government bodies are opposed to state authorities and are not part of their system.
Delimitation of the jurisdiction of local self-government bodies and state authorities
The right to independence and autonomy of local self-government bodies, in the exercise of their established powers.
Similar information.
Local government - independent, responsible activity of local communities of people to address issues of local importance, ownership, use and disposal of municipal property in accordance with the Constitution of Russia, federal and other laws, norms, legal acts of state authorities of the constituent entities of the Federation, the federal law "On general principles of organizing local self-government "Local self-government is carried out by the population through representative and executive bodies local government. And also directly - through local referendums, gatherings, meetings, conferences of residents and in other forms. But the main subject of local self-government is the local population. Representative bodies of local self-government reveal the will, interests of the local population and express them in the form of decisions that are implemented by the local executive branch... Representative bodies are elected by the population (from 5 to 25 delegates) depending on the population of the respective territory) for a period of 4 years. Most of the deputies of these bodies work on a non-permanent basis. The representative body of local self-government includes permanent deputy commissions and committees. Important questions local significance are decided at sessions - meetings of deputies of a representative body (local budget, a report on its implementation, the establishment of local taxes and fees, a program for the development of the territory, etc.).
- What is the difference between local government and government and public organizations?
Differences between LSG and the state, established by Professor Velikhov:
1. Differences in the nature of power: local government- subordinate power, acting within the framework established by the supreme power.
2. Delineation of the spheres of competence of the state and LSG. It is on the delimitation of the range of cases assigned to local self-government;
3. Independence of sources of funds. You cannot speak of local self-government as special subject rights, if he is not provided with certain specific and delimited means for the implementation of his tasks;
4. Theoretically limited, electoral principle, according to which LSG is a way of decentralizing power, in which its lower level is the closest to the population, has significant autonomy and independence in solving local life issues, is elected by residents and bears responsibility to them.
Along with the difference between local and state affairs, the fundamental difference between local self-government and self-government in public organizations should be emphasized. It consists in the fact that local government is in the form of public authority. A member of a self-governing public organization who does not want to obey its statutory provisions and requirements may simply withdraw or be expelled from its membership. It is impossible to exclude a resident of this settlement, therefore he must be forced to fulfill general rules and the order established by the community. For this, local governments must have powers of authority received from the population that elected them.
A public organization is a non-governmental, non-governmental, voluntary association of citizens on the basis of common interests and goals.
- The legal basis of local self-government of the Russian Federation.
The legal basis of local self-government is a system of normative legal acts that ensure effective regulation of issues of organization and activities of local self-government in the Russian Federation. Legal basis local government in the Russian Federation are:
European Charter of Local Self-Government; The Constitution of the Russian Federation;
federal laws, acts of the President and the Government of the Russian Federation;
constitutions, charters, laws of the constituent entities of the Russian Federation; statutes and other regulatory legal acts municipalities, regulating the organization and activities of local self-government.