Theories of local government are. Basic theories of MSU. Organization of local government in the Soviet period. Local self-government in the post-Soviet period

Free community theory ... The emergence of this theory is attributed to the end of the 18th century. - the beginning of the XIX century. Among its creators are representatives of the French and Belgian legal schools - Tours, Tocqueville, Gerber, etc. The social order for the theory of a free community formed the conditions under which local affairs were under the jurisdiction of government officials... Such a system local government did not provide incentives for the development of local communities. The theory of a free community was called upon to draw attention to the independent significance of community life, the existence of special interests among local communities and the need to introduce local principles of self-government as a natural right of communities.

According to this theory communities have their own affairs, non-state in nature, which communities have the right to decide on their own... For this communities have the right to form their own governing bodies that do not have the status of state. State bodies should not interfere with the communities' own competence. Their task is to monitor the activities of communities, their bodies of self-government and ensure that communities do not go beyond what is permitted.

Social theory. Among the founders of social theory are named O. Ressler, R. Mol. In Russia, it was developed by V.N. Leshkov, A.I. Vasilchikov. Social theory can be seen as a definite continuation of the theory of the free community. Its essence is that the circle of community affairs differs from public affairs. Self-government is aimed at identifying and solving the affairs of not state administration, but the own affairs of local communities. Community affairs are primarily issues of economic and household self-organization of places... Therefore, social theory is sometimes called economic theory. Within the framework of social theory, not only local territorial collectives were distinguished as self-governing communities, but also private unions, corporations, industrial companies, charitable and other societies. Communities are subjects of special rights, and therefore government interference in their affairs is unacceptable; self-government officials are community, not government agents and represent not the state, but society.

State theory. Among its founders are German lawyers L. Stein, R. Gneist. V pre-revolutionary Russia it was actively developed by A.D. Gradovsky, V.P. Bezobrazov, N.I. Lazarevsky. State theory assesses local government as a type of state activity. Self-government is the responsibility of local communities, their self-government bodies state tasks ... Another thing is that the named tasks cover issues of local life proper. Within the framework of the state theory, local self-government is a form of involving residents and their communities in state activities. However, local government bodies are not local state center bodies. They are formed by local communities. L. Stein saw the peculiarity of local self-government in the fact that self-governing territorial collectives are independent subjects of law that enter into legal relationship... It is this circumstance that distinguishes local self-government bodies from state bodies, which act on behalf of and in the interests of the state, without having any other, different from the state's own interests. Therefore, legal relations between the state and its bodies are inconceivable. This approach gave grounds to single out its legal offshoot (legal theory) within the framework of the state theory of self-government. R. Gneist believed that the independence of local communities should be based on their formation by the population and on a system of honorary and gratuitous positions. This point of view is characterized as a political offshoot of the state theory of self-government.

Most modern scholars hold a dual position state-public nature of LSG. This theory assumes that the community performs both local tasks that do not require intervention and control from the state, and a certain circle cases of state significance. In the latter case, LSG bodies act as agents of the state at the local level and act under its control.

MINISTRY OF EDUCATION and SCIENCE OF THE RUSSIAN FEDERATION

AUTONOMOUS NON-PROFIT ORGANIZATION OF HIGHER PROFESSIONAL EDUCATION "EURASIAN OPEN INSTITUTE"

DEPARTMENT OF LEGAL DISCIPLINE

COURSE WORK

Local government theories

Completed:

Tsoi Sergey Lvovich

Moscow 2013

Introduction

Chapter 1. Basic theories of local self-government

1 The theory of the free community

2 Social theory of self-government

3 State theory of self-government

4 The theory of dualism municipal government

5 The theory of municipal socialism

Chapter 2. Development of local self-government in Russia at the present stage

1 Legal basis of local self-government

2 Problems and prospects for the development of local self-government

Conclusion

Bibliography

Introduction

The practice of self-government found theoretical justification in the political teachings of the French enlighteners and English liberals of the 17th-18th centuries, in the ideas of a social contract, the natural rights of the individual and the autonomous community, the ideas of representative government and the separation of powers, which determined the nature of various concepts of local self-government. The focus of theories of local self-government has always been and are the problems of the relationship between local self-government and the state. It is in the theoretical concepts that the evolution of the basic ideas of local self-government is reflected, which took place and is taking place at various stages of social development.

Discussions about the nature of local self-government have been going on for almost two centuries, but the dispute over the main problem still does not have a uniform solution. Not all theories and definitions of the essence of local self-government are equally consonant with the modern organization of local self-government. But for specialists in this area, as well as for those who study municipal law of Russia during the period of its formation, of particular interest is the possibility of comparing Russian model with already known, tested, developed and implemented or rejected in the course of social reforms.

This is what determines the relevance of studying issues related to the theoretical development of issues of local government.

The subject of the research is the main theories of local self-government.

The aim of the study is to consider a complex of issues related to the concept of "local self-government".

The main objective of the research is: to study, generalize and systematize the theoretical material related to the main theories of local self-government, as well as analyze and interpret the data obtained, to reveal the urgent problems of the development of local self-government in modern Russia.

local government legal authority

Chapter 1. Basic theories of local self-government

Foundations of legal municipal systems most European countries, as well as the USA, Japan and a number of other states were laid down in the course of municipal reforms in the 19th century, although the traditions of communal, urban self-government go back centuries to the primary cells of society: the polis democracy of the ancient world, urban and rural communities medieval estate state.

In modern society, the view of local self-government as one of the necessary foundations of any democratic system, the most important principle of organizing power in the state, an indispensable condition for the formation and development of civil society has taken root.

Local self-government is a process of management of local communities of residents, based on a reasonable combination of representative and professional management and self-fulfillment by people of their requests, providing all subjects of local communities with ample opportunities to declare, defend and implement their own interests, the focus of local self-government bodies on identifying and fair satisfaction of the indigenous needs of the residents.

Let us consider different views on the nature of local government and related theories.

The generally accepted ones are: the theory of the free community (the natural rights of the community); social (economic) theory of self-government; state theory of self-government; the theory of municipal government dualism; theory of municipal socialism.

1.1 The theory of the free community

The free community theory was the first theoretical concept to explain the essence of local government. It developed the historical experience of urban self-government in feudal Europe. It was based on the "natural right" of communities to self-government.

The theory of a free community proved that the right of a community to manage its own affairs has the same natural and inalienable character as human rights and freedoms, for the community historically emerges before the state, which must respect the freedom of community government. Thus, this theory was based on the ideas of natural law.

R. Gneist, E. Meyer, O. Laband, O. Ressler and others are considered representatives of the theory of a free community, or the social theory of local self-government.

The theory of the free community originated from the fact that local affairs were in the sphere of government officials. This local government system did not provide incentives for the development of local communities. The theory of a free community was intended to draw attention to the self-sufficiency of community life, the presence of special interests among local communities and the need to introduce local self-government principles as a natural right of communities.

A full-fledged European urban community was formed in the XII-XIII centuries. Although the forms of government in European cities were different, they had much in common. Many cities were governed by popular assemblies of all citizens, whose consent was necessary for the election of officials and the adoption of city laws. Already during this period, there was a strong tendency to replace the popular assembly with a governing collegium - a council. In the system of secular law, city law was distinguished along with other branches.

The main ideas of the theory of a free (natural) community consisted, first, in the existence of a community by its nature of a natural and inalienable right to manage its own affairs; secondly, the duty of the state to respect the freedom of communal self-government; thirdly, in a certain primacy of community self-government before public administration, i.e. "According to this theory, communities have the right to decide their own affairs, which are non-state in nature,"

This theory as a whole was formed in the first half of the 19th century. Its legal origins, which were in Belgian and French law, were theoretically developed in the works of Tours, Tocqueville, Gerber, Ahrens and other scholars.

In this theory, special emphasis is placed on the community of people living in the corresponding territory, as well as on the fact that each person perceives himself as part of a community, the basis of which is not only the compatibility of residence and interests, but also the spiritual closeness of people (often strengthened by religious unity ). The named theory of local self-government is of interest today. You can see the starting beginnings in it. modern principle the inalienability of the community's right to local self-government. The concept of a natural community allows today, when solving the problems of the territorial foundations of local self-government, to differentiate self-governing territorial entities into rural and urban communities and "other territories", their creation serves the purposes of rationalizing the implementation of public power, deconcentration of public administration.

It should be noted, however, that the development of the state, even with respect for the principle of free communities, cannot preserve "ideally" the status of communities as free, i.e. formations autonomous from the state. Recognizing the need for the state and its supremacy, it should be stated that the absolute independence and independence of communities is disappearing.

The stated theory has the disadvantage that in fact local self-government is not only recognized, but also regulated by the state. Complete non-interference of the state in the affairs of local self-government is impossible.

The theory of a free community had a certain influence on the development of legislation in the first half of the 19th century, being reflected in the provisions of the Belgian Constitution of 1831 on a special community authorities, as well as in the Constitution of 1849 developed by the Frankfurt National Assembly, which contained articles on the special fundamental rights of communities. Although the latter did not acquire real strength, it remained only a historical document.

2 Social theory of self-government

Social theory can be seen as a continuation of the theory of the free community.

Community affairs are, first of all, questions of the economic and household self-organization of places. Therefore, social theory is sometimes called economic theory.

This theory, which replaced the theory of the free community, was also based on the opposition of the state and the community. Its founders and researchers R. Mol, A.I. Vasilchikov, O. Ressler, O. Girke and others took as a basis not so much the self-governing community as the subject of the right to self-government, as the content of communal activities. There are, as it were, two categories of affairs: state affairs proper and public affairs. The second are mainly economic matters, they are not of a political nature and should be resolved by bodies created by the local community, and not by the state.

Defining the essence of this theory, N.M. Korkunov wrote: "Social theory sees the essence of self-government in allowing the local community to be in charge of its own public interests and in keeping government bodies in charge of state affairs... Social theory proceeds, therefore, from the opposition of local society to the state, public interests - political, demanding that society and the state are in charge of only their own interests. "

Thus, it was in the delimitation of public and state interests that the supporters of this theory saw as the basis for the independence of local self-government bodies. A.I. Vasilchikov defined local self-government in his socio-economic theory as a policy with a special purpose and a special sphere of activity.

Critics of this theory, first of all, did not agree with the understanding of local self-government as an initiative of exclusively the population. This approach brought the status of self-governing territorial entities closer to the status of simply public unions with their possible both public and private law, i.e. economic, purposes. Noting the fundamental differences, N.M. Korkunov wrote: the state provides the freedom to create unions, but does not require their formation, does not make their existence obligatory; at the same time, the state, on the contrary, necessarily organizes local communication (i.e., speaking in modern language, communities, municipal units), determines their structure, indicates their obligatory subjects of activity. "The existence and activity of local communities, although self-governing, are not optional, but obligatory. They not only can be, but must be, the state does not allow them only, but requires."

A significant drawback of the socio-economic theory was the fact that it was impossible to distinguish between community (local) affairs proper and state affairs entrusted to communities for execution. More than 100 years ago, N.I. Lazarevsky. In his opinion, the weak point of the economic and social theory is not so much the fact that its supporters failed to compile a sufficiently lengthy list of non-state public law cases submitted to local government bodies, but rather the fact that there can be no such cases at all. This is also stated by modern authors: "Those issues, the solution of which was carried out by local self-government bodies, cannot be considered purely public and opposed to state issues, because in their content (road improvement, local taxes, management of education, culture, health care, etc.) do not differ from the local tasks of public administration. These questions are of interest not only from the point of view local population but also the state. "Moreover, the problem they point out is even more complicated in the conditions of a modern social, and in the conditions of Russia - also a federal state.

Attempts to build local self-government on the ideas of socio-economic theory are characteristic of the period of the initial stage of bourgeois romanticism. In essence, the democratic institution of local self-government could not fit into the system of the feudal state. But with the development of bourgeois statehood, it undergoes significant transformations in order to obtain practical embodiment. The social theory of local self-government in these conditions looked like an attractive structure symbolizing the state's confidence in the population - with the granting of the right to self-govern in matters arising at the place of residence, through both purely public forms and, if necessary, economic actions (primarily in terms of disposition of communal property).

This theory, as its critics noted, confused self-governing territorial units with all kinds of private law associations (industrial companies, charitable societies, etc.). But a person's belonging to any private legal association depends on him, as well as the exit from this association. At the same time, belonging to self-governing units and subordination to self-governing bodies of a self-governing territorial unit are established by law and are associated with the place of residence of a person.

However, being somewhat useful from the point of view of the ideological and theoretical substantiation of the wide development of self-government, in fact, social theory quickly showed its futility and lack of life. First, as a form of public authority, local self-government differs significantly from public associations; it cannot even become like economic organizations. Secondly, the problem of distribution of responsibilities for managing public affairs between central and local authorities has remained on the agenda for many years and remains today, when both state affairs are resolved at the local government level and local interests become part of national policy. Therefore, some kind of isolation of local self-government in the affairs of supposedly purely local is impossible.

The power functions of the community in practice cannot be only economic

3 State theory of self-government

On the basis of ... views that critically assess social theory, the state theory of self-government was developed, the main provisions of which were developed by outstanding German scientists of the 19th century. L. Stein and R. Gneist.

The state theory of self-government, which replaced the socio-economic theory, significantly changed the approach to defining the relationship: "community - state".

State theory assesses local government as a type of state activity.

According to this theory, local self-government is considered as a form of distribution of responsibilities for resolving public affairs between central and local authorities.

Within the framework of the state theory, local self-government is a form of involving residents and their communities in state activities.

The center is unable to govern a vast country, is not responsible to anyone, can ignore differences in local conditions, be conservative in its ideas, methods of power, cannot cope with a large volume of power functions, etc. Hence the need arises for a certain autonomy of places. Accordingly, this posed the problem of delimiting powers between central and local authorities. The founders of this theory, Rudolf von Gneist and Lorenz von Stein, "saw in self-government not the independent management of the local society by their own affairs, different from the state administration, but the assignment of the tasks of state administration to the local society." Local self-government is exercised not by government officials (if this were the case, instead of local self-government there would be administrative management), but with the help of local residents and through their self-organization.

Therefore, we can distinguish specific traits this theory:

the state delegates the tasks of local government to bodies formed by the local community;

local self-government bodies are under the control of the local community, and at the same time under the supervision of the state, although there is no direct leadership of local self-government by state bodies;

local self-government bodies, unlike state ones, are not exclusively state will spokesmen, they have their own special interests, which may not coincide with the interests of the state.

V.P. Bezobrazov, emphasizing the inextricable link between the state and self-government, concluded that “self-government cannot be otherwise considered in conjunction with the general organism of the entire state mechanism of government, which includes it as an organic part of a single whole ... , or "government" (or "state", as they say), management, that is, built on the basis of bureaucratic, splitting the zemstvo and the treasury into two independent from each other, with its own life of the organism, gives rise to the most evil political ailments and sooner or later leads to the destruction of either self-government, or the state, since the first cannot become in the second - a state within a state. "

Describing the state theory of local self-government, N.M. Korkunov drew attention to the dependent nature of local government. He wrote: " Independent right only states have dominion. Self-governing local communities exercise the rights of power on behalf of the state, as its rights, and therefore are subject to state supervision in this activity, not only in relation to its external legality, in relation to compliance with the boundaries established by law, but also in relation to its content. The state monitors not only that self-government bodies do not violate other people's rights, do not go beyond the scope of their competence, but also that they really perform the functions of state administration assigned to them, that they use the powers given to them by the authorities in accordance with the goal specified by the state ... The independence of self-government bodies is based on the fact that free discretion, which cannot be eliminated in management affairs, is determined in their activities by the interests of the local society whose representatives they are called to serve. ”A.I. it cannot be left to its own arbitrariness.It is established by the state, depends on it and the law adopted by the state.

The priority spread of the state theory of local self-government was influenced by the fact that it combined the concept of local self-government into one whole, regardless of whether local self-government was the historical predecessor of the state or was developed in an already established state.

The perception of local self-government within the framework of modern statehood as an obligatory democratic institution has become generally recognized, characterizing its separation within the state not with the aim of opposing the state, but, on the contrary, with the aim of combining the interests of the whole and the private and, ultimately, achieving the greatest social harmony. Local self-government acquires, as it were, a dual nature, which sees the partnership between the center and localities as the determining factor in matters of relations with the state.

4 The theory of municipal government dualism

Most modern scholars adhere to the position of the dual, state-public nature of local self-government.

The dual nature of municipal activities (independence in local affairs and the implementation of certain state functions at the local level) is reflected in the theory of municipal government dualism. According to this theory municipal bodies carrying out the relevant management functions, go beyond local interests and, therefore, must act as an instrument of public administration.

The theory of municipal dualism speaks of the social-state nature of local self-government. It creates conditions (opportunities) that contribute to the provision through it (local government) of effective two-way communication between a person and the state, between civil society and the state. The dual nature of local self-government, which serves as the basis for the theory of municipal dualism, has developed in the last decade of the XX century. To a large extent, it is associated with the recognition that none of the previously noted theories does not correspond to the whole variety of existing types of local self-government, since it elevates to an absolute any one of the signs of local self-government. Modern processes social development associated with general globalization require an adequate response in order to sufficiently preserve the individual characteristics of local communities, territorial and national traditions.

The theory of dualism has not yet been sufficiently developed, but its content is characterized by the following features:

the presence of national and local interests and the need to combine them;

the impossibility in many cases of separation of local and national affairs proper;

implementation by local governments of functions of a public and private law nature;

a combination in local self-government of state (public-power) and public (self-government) principles;

fulfillment by local self-government bodies of powers delegated by the state;

the presence of a state character in the subjects of jurisdiction and powers of local self-government.

The dualism of local self-government is also manifested in the fact that, on the one hand, local self-government is not established by the state, but is recognized and guaranteed by it, i.e. is considered as a natural and inalienable right of the population (see, for example, Art. 12 of the Constitution of the Russian Federation). However, on the other hand, the creation of municipalities and, accordingly, the definition of issues local significance, local affairs, powers of local governments, etc. is derived from the state and, of course, is regulated by the state.

In the light of the above, the theory of local self-government dualism should be considered not as an independent one, but as a development, first of all, of the state theory. After all, it is the state policy that determines the concept of the development of local self-government and the boundaries of its capabilities. In this regard, other persisting signs of local self-government are not decisive, and the very implementation of local self-government is largely ensured by its state nature, in turn emphasizing it.

5 The theory of municipal socialism

Considering theoretical basis local self-government, it is impossible to ignore some ideas, political program settings linking the transformation of society with the development of local self-government. In this regard, the theory of the so-called municipal socialism should be named. On the one hand, municipal socialism is seen as one of the possible (social-reformist) directions of political transformations.

At the heart of the theory of social services, the emphasis is placed on the implementation by municipalities of one of their main tasks: offering services to residents, organizing services for the population. The main goal of municipal activities, according to this theory, is the welfare of the residents of the commune.

The essence of the theory is associated with the use of municipal self-government for the peaceful growth of capitalism into socialism. The main idea is the acquisition by the proletariat of decisive influence in the processes of the urban community. And thus, municipalities led by socialists (who represent primarily the working class as the bulk of the urban population) would become the main unit of the new socialist society.

On the other hand, the ideas of municipal socialism are associated with general democratic tendencies, which have not lost their relevance today, and do not have a pronounced class (generally social) coloring. It is, first, about the significant democratization of local self-government through broad representation in municipal bodies of all segments of the population; secondly, about ensuring wider autonomy of municipalities.

Social-reformist views on the nature of local self-government were widespread in their time in Russia. So, according to M.D. Zagryatskov, class bourgeois states create legal forms that facilitate the transition to a socialist order. Self-government is the most perfect of these legal forms.

Chapter 2. Development of local self-government in Russia at the present stage

The direction of development of local self-government is predetermined by the tasks that are solved by municipalities in accordance with the Constitution of the Russian Federation, the European Charter of Local Self-Government, legislation on local self-government.

The state policy in the field of development of local self-government is based on the Constitution of the Russian Federation, the European Charter of Local Self-Government, generally recognized principles and norms of international law, international treaties RF and finds its expression in federal laws, laws of the constituent entities of the Federation and other regulatory legal acts in the field of local self-government.

The main provisions of the state policy in the field of development of local self-government in the Russian Federation, consolidating unified system ideas about the goals, priority areas, tasks and principles of state policy in the field of local self-government development, as well as about the mechanisms for its implementation, are determined by the Decree of the President of the Russian Federation of October 15, 1999 No. On the approval of the Basic Provisions of State Policy in the Development of Local Self-Government in Russian Federation .

1 Legal basis of local self-government

Municipal law in system Russian law occupies a special position. This is determined by its complex nature, which, in turn, is caused by the complexity of social relations, which are the subject of municipal law. The dual nature of local self-government, combining state (public-power) and public (self-government) principles, further complicates the problem. The state not only allows the population and local self-government bodies to independently resolve issues of local importance, realizing local interests, but also trusts them (delegates) some of its own functions. At the same time, the degree of state influence on local self-government is mobile. In this regard, the question arises about the need to distinguish between public-power and self-government institutions of municipal law. The real nature of local self-government is that it can be considered both a kind of "trusted representative" of the central government in the relevant territory, and a form of democracy, which ensures the realization of citizens' rights to local self-government, and the local population - the ability to transform their will into public power.

V modern period the system of local self-government develops in accordance with general legal principles recognized by the world community and established by the Constitution of the Russian Federation.

The purpose of state policy in the field of local self-government is to ensure further development local self-government and increasing the efficiency of its activities as necessary conditions for the formation of an economically and socially developed democratic state.

To achieve this goal, this policy should be aimed at:

Ensuring the implementation of the constitutional rights of citizens to exercise local self-government;

Creation of conditions for implementation constitutional powers local government bodies;

Security state guarantees local government.

The state policy in the field of local self-government development is formed and implemented on the basis of compliance with the following principles:

Unity of goals, directions, tasks and mechanisms for the implementation of state policy;

an integrated approach to the implementation of state policy;

interaction and cooperation of federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation and bodies of local self-government in the process of implementing state policy;

Continuity of state policy at different stages of the municipal reform;

Comprehensive support of local self-government by the state;

Non-interference of state authorities in the competence of local self-government bodies;

State control over the implementation of state policy by state bodies and their officials.

Decree of the President of the Russian Federation "On Approval of the Main Provisions of State Policy in the Field of Development of Local Self-Government in the Russian Federation" dated October 15, 1999 No. 1370 defines the priority directions for the development of local self-government, the main tasks and goals, and general principles of state policy in the field of local self-government.

The goal of state policy is to ensure the further development of local self-government, increase the efficiency of its activities as a necessary condition for the formation of an economically socially developed state.

The question of the concept and development of local self-government is still controversial. Some consider local self-government as a principle of organizing and exercising power at the local level, while others see it as a decentralized form of organization of territorial public power. In part 1 of Art. 130 of the Constitution of the Russian Federation, an exhaustive definition is given: "Local self-government in the Russian Federation provides an independent solution by the population of issues of local importance, ownership, use and disposal of municipal property."

Within the framework of this work, I would also like to analyze the foundations of legislative support for the activities of local self-government bodies.

This problem is relatively new for modern law RF, but the ideas of local self-government are not an innovation, one way or another, attempts were made to implement the foundations of self-government back in the period of autocracy.

There are a large number of publications on the problems of local self-government, and only a small part of them is devoted to the problems of legislative support of local self-government. Modern system local government is the result of long-term development and improvement regulatory framework... The need for improvement legal regulation in the field of local self-government as one of the topical directions of state policy, it is stated in the Decree of the President of the Russian Federation "On the approval of the main provisions of state policy in the field of development of local self-government in the Russian Federation" dated October 15, 1999, No. 1370. It notes the inconsistency and inconsistency of the legislation of the Russian Federation on local self-government, incomplete and inconsistent legislative regulation of many issues of the organization and activities of local self-government.

A feature of the organization of local self-government is a multi-level system of legislative support.

Local self-government is a real mechanism for implementing a wide range of problems closest to the population and meeting the most important needs, as well as solving state problems by local authorities power by transferring certain state powers to them.

The effective functioning of the local self-government system is largely determined by the level of development of its legal basis... Improvement of local self-government at the stage of real reform is impossible without detailed development of legislative regulation of all aspects of public relations of its activities. To resolve issues of local importance, a detailed legal regulation of public relations arising in the process of local self-government is required.

This regulation is carried out with the help of municipal regulations. V Russian legislation there is a separate branch of law - the municipal law of the Russian Federation, representing a set legal regulations that consolidate and regulate social relations arising in the process of organizing local self-government. Through the norms of municipal law and on the basis of the Constitution of the Russian Federation, federal laws and other normative acts, the most important issues of local self-government are implemented: the solution by the population of municipalities directly, through elected and other local self-government bodies, issues of local importance, as well as the implementation of certain state powers that may be endowed with local governments.

At the federal level, general principles of legal regulation of local self-government are enshrined. Undoubtedly, essential document federal significance, regulating the activities of local self-government, is the basic law of our country - the Constitution of the Russian Federation, adopted by popular vote on December 12, 1993.

General principles of the organization of local self-government, in accordance with Art. 72, referred to the joint jurisdiction of the Russian Federation and its subjects. Chapter 8 of the Constitution of the Russian Federation is entirely devoted to local self-government. In Art. 130-133, the basic rights of local self-government are enshrined in the independent decision by the population of issues of local importance, for the ownership, use and disposal of municipal property, for the exercise of local self-government through a referendum, elections, and other forms of expression of will through elective and other local self-government bodies. The Constitution notes the obligation to take into account historical and other local traditions in the implementation of local self-government. The population of municipalities is given the right to independently determine the structure of local self-government bodies. Changing the boundaries of the territory of the municipality is also possible only taking into account the opinion of the population. According to the Constitution of the Russian Federation, local self-government bodies have the right to form, approve and execute local budget, establish local taxes and fees, maintain public order and resolve other issues of local importance. Individuals may be transferred to local government bodies. state powers with the transfer of the necessary material and financial resources for their implementation, but control over their implementation remains with the state. The Constitution of the Russian Federation guarantees local self-government judicial protection, observance of the rights established by the Constitution and federal laws, and is given the right to compensation for additional costs arising from decisions of state authorities.

From all of the above, we can conclude that the Constitution of the Russian Federation, being the fundamental law of society and the state, has established a system of norms on local self-government, on which all other regulatory legal acts should be based.

In this case, the norms of the Constitution of the Russian Federation are subdivided into norms:

) allowing the introduction of local self-government in the Russian Federation;

) defining the purpose of local self-government;

) fixing the mechanism and regulating the organization and activities of local self-government;

) establishing the economic basis of local self-government;

) fixing the territorial limits of local self-government;

) establishing the competence of local self-government on certain issues;

) establishing guarantees of local self-government;

) establishing the rights of citizens to local self-government and prohibiting the restriction of the rights to local self-government.

All of the above and other norms have found their development in federal regulatory legal acts, regulatory legal acts of the constituent entities of the Russian Federation.

2 Problems and prospects for the development of local self-government

The process of formation of local self-government cannot be carried out outside the framework of the general process of state-building in isolation from other directions of the development of Russian statehood. And the development of local self-government cannot be limited to the consideration and amendment of the basic laws on local self-government. It is necessary to consider and approach the issue of the development of legislation on local self-government much more broadly. Taking into account the role and place of local self-government in solving the issue of Russia's transition to sustainable development and increasing the country's competitiveness, the formation and development of local self-government should become one of the priority tasks of state building. The process should be carried out within the framework of a special state program of the highest level.

A condition for the development of local self-government is the existence of a general strategy for state-building and ideas about the role and place of local self-government in the systems of public authority and development management.

The federal center must very accurately build its policy, that is, find that golden mean, which, on the one hand, will allow to fully realize the potential of municipalities, and on the other, create conditions for the formation of an integral system of public power and administration in the country. Provided Federal law of October 6, 2003 N 131-FZ "On the general principles of organizing local self-government in the Russian Federation" a significant increase in the regulation of certain aspects of local self-government by legal acts of local self-government bodies themselves is due, inter alia, to the fact that the bulk of legal regulation of local self-government from the level of the constituent entities of the Russian Federation is transferred to the federal and municipal levels. However, it should be borne in mind that not all cities have the necessary resources for the proper preparation of municipal legal acts. Therefore, comprehensive assistance (primarily organizational and advisory) is needed to municipalities from the federal government bodies and government bodies of the constituent entities of the Russian Federation. This also applies to the development of recommendatory standard municipal legal acts.

This is necessary already because some issues cannot be resolved in the foreseeable future without the participation of the state. These include, in particular, the question of the formation of an optimal territorial basis for local self-government. The solution to this issue involves the transformation of the existing administrative-territorial division in the direction of its adaptation to the nature of municipalities. Obviously, this issue cannot be resolved without the participation of the state.

It is necessary to move from politics state support local self-government (as a political institution) to state policy in relation to municipalities (as socio-economic entities in accordance with their typology and state strategy - demographic, regional, geopolitical, etc.).

The most bottleneck of state-building remains the issues of "docking" of state authorities and local self-government. Therefore, the main strategic task of the central government in the near future is to ensure the formation and legal consolidation of the mechanisms of interaction between the two systems of power and administration, for which it is necessary:

to carry out an administrative reform and a reform of the administrative-territorial division; carry out a typology of municipalities and build a state policy to support their development in relation to specific types of municipalities;

to establish an optimal system of distribution of powers by levels of government and mechanisms for its correction and improvement in accordance with the real possibilities of specific types of municipalities, creating incentives for socio-economic development;

to ensure the development of inter-budgetary relations on the basis of a normative determination (in physical terms) of the amount of financing of state (constitutional) social guarantees, at the same time including stimulating mechanisms;

to ensure state and municipal control over the observance of legislation and the creation of a system of mutual responsibility of local self-government bodies and the state; create legal mechanisms to increase control over the activities of local self-government bodies; to strengthen the role of representative bodies of local self-government, especially in terms of control over municipal finances and activities executive bodies local government, with a gradual transition to contract system appointment of heads of local administrations;

carry out judicial reform.

Conclusion

Despite the different names, theories of local self-government are basically devoted to its relationship with the state, many of them are oppositional to the state.

In modern conditions, the theory of local self-government, born of the need to substantiate the processes of transition from feudal formation to capitalism, aimed at the development of new social relations, have not lost their relevance. The initial values of these theories lie in the fact that they allow us, having freed ourselves from the mass of specific facts, to single out general trends, not to get away from the main task - to reveal the reasons that determine the development of local self-government in different eras, in their successive and causal relationship with each other.

The key issues are the constant settlement of conflicts between the state and society, ensuring decent conditions for human life today, based on the constant perspective of an eternally diverse, pluralistic and at the same time imperfect world. In these conditions, the maintenance of long-term stable relations between the state and civil society can be achieved through the fourth estate, as local self-government is sometimes called.

The main strategic task of the central government in the near future is to ensure the formation and legal consolidation of the mechanisms of interaction between the two systems of power and administration: municipal and state.

Bibliography

1. The Constitution of the Russian Federation of December 12, 1993. - M .: Central Election Commission of the Russian Federation, 1993.

Federal Law of 06.10.2003 N 131-FZ (as amended on 07.05.2013, as amended on 27.06.2013) "On the general principles of organizing local self-government in the Russian Federation"

Decree of the President of the Russian Federation of 15.10.1999 No. 1370 "On the approval of the main provisions of state policy in the field of development of local self-government in the Russian Federation"

Abolonin E.S. Municipal law. Lecture notes. Moscow.

Avakyan S.A. Municipal law of Russia. - M .: Moscow State University. Lomonosov

S.A. Golubok Constitutional law Russia. - M .: RIOR, 2008.

R.V. Engibaryan, E.V. Tadevosyan Constitutional law. - M .: Jurist, 2000.

Zotova V.B. Municipal government system. - M .: MGUU, 2006.

Ignatyuk N.A., Pavlushkin A.V. Municipal law. - M .: Justicinform, 2007.

Kokotov A.N., Salomatkin A.S. Municipal law of Russia. - M .: Jurist, 2005.

Constitutional law of Russia. Resp. editors A.N. Kokotov, M.I. Kukushkin - M .: Jurist, 2003.

Constitution of the Russian Federation. A comment. Under the general editorship of B.N. Topornina, Yu.M. Baturin, R.G. Orekhova. - M: Publishing House "Legal Literature" of the Presidential Administration of the Russian Federation, 1994.

Kutafin O.E., Fadeev V.I. Municipal law of the Russian Federation. - M .: Jurist, 2002.

Ovchinnikov I.I., Pisarev A.N. Municipal law of Russia. - M .: Eksmo, 2007.

Chepurnova N.M. Municipal law of the Russian Federation. - M .: EAOI, 2007.

Shugrina E.S. Municipal law of the Russian Federation. M .: TK Welby, publishing house Prospect, 2007.

Shcherbakov Yu.N. State and municipal service... - Rostov-on-Don: Phoenix, 2007.

Social theory can be seen as a continuation of the theory of the free community.

Community affairs are, first of all, issues of economic and household self-organization of places. Therefore, social theory is sometimes called economic theory.

Defining the essence of this theory, N.M. Korkunov wrote: “Social theory sees the essence of self-government in leaving the local community to be in charge of its own public interests and in keeping government bodies in charge of only state affairs. Social theory proceeds, therefore, from the opposition of local society to the state, public interests - political, society and the state were in charge only of their own interests. "

A significant drawback of the socio-economic theory was the fact that it was impossible to distinguish between community (local) affairs proper and state affairs entrusted to communities for execution. More than 100 years ago, N.I. Lazarevsky. In his opinion, the weak point of the economic and social theory is not so much the fact that its supporters failed to compile a sufficiently lengthy list of non-state public law cases submitted to local government bodies, but rather the fact that there can be no such cases at all. This is also stated by modern authors: “Those issues, the solution of which was carried out by local self-government bodies, cannot be considered purely public and opposed to state issues, because they are in their content (road improvement, local taxes, management of education, culture, health care, etc.) ) do not differ from local tasks of public administration. These issues are of interest not only from the point of view of the local population, but also the state. " Moreover, the problem they point out is even more complicated in the conditions of a modern social, and in the conditions of Russia - also a federal state.

The power functions of the community in practice cannot be only economic

Theories of local self-government can be defined as a set of scientific views and ideas based on historical experience aimed at explaining the essence, organization of municipal (local) government and its correlation with public administration.

The foundations of the legal systems of local self-government in most European states, as well as in Japan, the United States and other countries, were laid during the municipal reforms of the 19th century, but the traditions of communal self-government originate in the organization of the polis democracy of the ancient world. The city government was called a municipality, which took on the responsibility of solving city-wide problems, as well as managing economic resources. This term appears during the period of the republic in ancient Rome. This term was used to refer to cities that enjoyed the rights of self-government. It should be noted that the municipality is currently understood as the elected urban and rural self-government. However, in some countries, only city government is municipal. The principle of self-government was general principle local government of Italy during the period of the republic.

1. The theory of the free community

This theory first explained the essence of local government. Its representatives - Gerber, Ahrens, E. Meyer, O. Laband, O. Ressler - believed that the community's right to manage its affairs is just as natural and inalienable as human rights, that the community is primary in relation to the state, therefore, the state must respect the freedom of community government. "The community has the right to independence and independence from the central government by its very nature, and the state does not create a community, but only recognizes it." Hence, the following elements were included in the concept of self-government: management own affairs communities; communities are subjects of the rights they own; the officials of community administration are not organs of the state, but of the community. Thus, from the theory of a free community, the following principles of organizing local self-government are distinguished:

· - local self-government - management of their own community affairs, different from the affairs of the state;

· - selectivity of local self-government bodies by community members;

· - division of community affairs into own affairs and affairs entrusted to it by the state;

· - state bodies have no right to interfere with the communities' own competence.

They should only make sure that the community, in the implementation of its own functions, does not go beyond its competence.

2. Social (socio-economic) theory of self-government.

The theory of a free community in the development of views on the essence of local self-government was replaced by the public, also called socio-economic, theory of local self-government. This theory also proceeded from the opposition of the state and the community, from the principle of recognition of the freedom to carry out their tasks by local communities. As the main feature of local self-government, the supporters of this theory have highlighted not the natural and inalienable nature of the community's rights, but the non-state, predominantly economic nature of the activities of local self-government bodies. Representatives of social theory (R. Moll, A.I. Vasilchikov, V.N. Leshkov) saw the essence of self-government in the fact that its competence includes the fulfillment by local unions of those tasks that they set themselves, that is, self-government bodies are not bodies the state, but the "local community".

The community's own affairs are the affairs of the community economy and, therefore, self-government, according to social theory, is the management of the affairs of the local economy. Within the framework of this theory, a self-governing community is recognized as an independent subject of law, as well as emphasis is placed on recognizing the content of communal activities in it. Such views on local self-government existed for a relatively short time, since, on the one hand, the opposition of communities to the state did not contribute to its strengthening, and on the other hand, it followed from this theory that the territory of the state should consist of territories of independent self-governing communities, which on didn't really happen.

3. State theory of self-government.

The state theory of self-government was developed on the basis of views that critically assess social theory. The main provisions of state theory were developed by prominent German scientists of the 19th century. L. Stein and R. Gneist and developed in more detail in Russia by prominent pre-revolutionary lawyers N.I. Lazarevsky, A.D. Gradovsky and V.P. Bezobrazov.

The supporters of the theory proceeded from the close connection of local self-government with the beginning of the general state structure and the need to include them in the system. government agencies... They considered local self-government as part of the state, one of the forms of organizing local self-government. From their point of view, any public administration is a state matter. However, in contrast to central government, local self-government is not exercised by government officials, but with the active participation of local residents interested in the result of local government. Consequently, it cannot be argued that local issues, independently resolved by local self-government bodies, are of a different nature from state ones. The transfer of some tasks of public administration to the jurisdiction of local communities from the point of view of state theory is explained by the need to ensure a more effective solution of certain issues at the local level. Under centralized state administration based on the principles of strict subordination, government officials are deprived of initiative and independence. In fact, they do not depend on the local population and are not under their control.

4. The theory of social services emphasizes the implementation by municipalities of one of their main tasks, namely, offering services to residents, organizing services for the population. According to this theory, the main goal of municipal activities is to ensure the welfare of the residents of the commune.

5. The dual nature of municipal activities is reflected in the theory of municipal government dualism. According to this theory, municipal bodies, in realizing the relevant management functions, go beyond local interests and, therefore, should act as an instrument of state administration.

In Russian and foreign legal science there is no unambiguous understanding of local self-government. The emergence of theories explaining the essence of local self-government is usually dated to the middle of the 19th century. The first of these was the social theory of self-government, which arose in Belgium and France.

Social theory for a long time it was dominant in both foreign and Russian literature. The essence of social theory was reduced to the opposition of local society to the state, public interests - political. The local society was independently in charge of economic issues, and the government bodies were engaged only in state affairs.

Within the framework of this theory, there are two main directions. The first is theory of free (natural) community. Its main developers were G. Gerbe, O. Arena, E. Meyer, O. Laband, O. Ressler.

The main provisions of this theory are as follows:

The community has the right to autonomy and independence from the central government by its very nature, and the state does not create the community, but only recognizes it. Justifying the freedom and independence of the community, the creators of the theory used the history of the struggle for independence against the feudal state of medieval free cities;

The right of a community to manage its own affairs is as natural and inalienable as human rights, for the community is primary in relation to the state, therefore the latter must respect the freedom of community self-government;

Local self-government is understood as the management of the communities' own affairs, which are different in nature from the affairs of the state; division of affairs, which the community is in charge of, into their own and those that are transferred to it by the state;

According to the theory, local government bodies are non-state bodies; state bodies do not have the right to interfere in matters within the competence of the community, they only make sure that the community does not go beyond their competence.

The essence of the theory of a free (natural) community is that the right of the population (community) to manage local affairs (self-government) is inalienable, inherent in it initially and independent of the will of state power. Hence, the concept of self-government included the following elements: management of the community's own affairs; communities as subjects of their rights; community government officials as bodies not of the state, but of the community. Based on this, the creators of the theory of a free (natural) community singled out not three, but four branches of government: legislative, executive, judicial and municipal, which was recognized as equal to the rest.

The above principles had a certain impact on the development of legislation in the 30-40s of the XIX century. However, the idea of the inviolability of community rights proved to be vulnerable. The arguments given by the creators of the theory in favor of the natural nature of local self-government were not able to explain and substantiate the inviolability of the rights of, say, large self-governing units (departments, regions, etc.) established by the state. Therefore, in the second half of the nineteenth century. there are objections about the inconsistency of the theory of the free community.

The rational kernel of this theory is the recognition of the presence of traditions in local self-government as the main condition for the successful functioning of the latter.

Social (economic) theory. Replaced the theory of a free community. She also proceeded from the opposition between the state and the community. The grounds for this opposition were different:

- public and political interests do not coincide, therefore, the state and society should recognize the right to be in charge of only their own affairs;

The state and self-government were viewed as two non-intersecting circles with fundamentally different contents: national interests, on the one hand, and local ones, on the other. The opposition of public and state interests is the basis for the complete independence of self-government bodies. Local self-government was viewed primarily as an expression of freedom in society, i.e. the freedom of local communities to develop according to their own priorities;

The essence of the theory is to defend the right of local institutions to engage in local economic and public affairs independently of the state;

Some representatives of this theory, for example O. Ressler, believed that self-government is the result of social freedom, and therefore it is morally necessary. Others - R. Mol, A.I. Vasilchikov, V.N. Leshkov - not only recognized self-governing communities as an independent subject of law, but also drew attention to the predominantly economic nature of communal activities.

Proponents of this theory focused not only on the recognition of a self-governing community as an independent subject of law, but also on the content of communal activities. Local self-government was considered alien to politics, but having its own special sphere of economic activity.

Among the prominent Russian scientists who supported the social theory, one can name V. N. Leshkov. He substantiated the progressive idea of independence of self-government bodies from the state, although he did not deny the possibility of state control over the activities of these bodies, and drew attention to the different nature of the power of local self-government bodies and the state. The difference between them, from his point of view, was rooted in the fact that in the state power is necessary, and in self-government bodies it is always elective.

A.I. Vasilchikov advocated a strict delimitation of competence between self-governing bodies and state bodies and limited the activity of self-governing units within the territory belonging to their jurisdiction. In his opinion, they were not supposed to deal with political issues, leaving it entirely to the state, but were obliged to be in charge of only local benefits and needs.

Such views on local self-government existed for a relatively short time, since, on the one hand, the opposition of communities to the state did not contribute to its strengthening, and on the other, it followed from this theory that the territory of the state should consist of territories of independent self-governing communities, which in fact did not happen. ... In addition, the theory mixed self-governing territorial units with all kinds of private law associations (industrial companies, etc.).

Social theory was not for long the only theory of local government.

Soon appeared state theory self-government, the main provisions of which were formulated by outstanding German scientists of the XIX century. Rudolf Gneist and Lorenz Stein. This theory became widespread in Russia, the development of its main provisions was paid attention to by such prominent Russian lawyers as N.I. Lazarevsky, A.D. Gradovsky, V.P. Bezobrazov.

According to this theory:

Local self-government is, first of all, one of the forms of organization of public administration at the local level and is part of the general state system... As noted by V.P. Bezobrazov, "self-government can not be otherwise considered, as in conjunction with the general organism of the entire state administration, which includes it as a part of a single whole";

Local authorities are endowed with their powers by the state. These local powers have their source in state power;

Local government is a part of the state, one of the forms of organizing local government. Any public administration is a public matter;

- “the state theory of self-government,” writes N.M. Korkunov, - sees in self-government not the independent management of the local society of their own affairs, different from the state administration, but entrusting the local society with the implementation of the tasks of state administration.

However, unlike central government, local self-government is exercised not by government officials, but with the participation of local residents who are involved in the service of state interests and goals.

The essence of the state theory was that local government is only a part of state administration and is completely subordinate to it. Any government of a public nature, according to the supporters of this theory, is a state matter. In the process of the formation of local self-government, it is not the isolation of the local community that takes place, but the attraction of local residents to serve the state interests and goals. N.I. Lazarevsky defined local self-government as a system of decentralized public administration, where the reality of decentralization is ensured by a number of legal guarantees, which, on the one hand, protect the independence of local self-government bodies, and, on the other hand, provide a close connection with the area and its population. In his opinion, government is a set of powers of both the monarch, and the crown administration, and parliament and self-government bodies.

The spread of state theory was caused by the changed realities of the second half of the 19th - early 20th centuries. as the processes of urbanization and industrialization developed, the degree of isolation and self-sufficiency of individual territories decreased.

Private manifestations of state theory can be considered political and legal theory of self-government. This is due to some differences in the views of R. Gneist and L. Stein on the nature of the independence of self-government bodies. Supporters of political theory (R. Gneist) saw the grounds for the independence of local self-government bodies only in the peculiarities of their formation and the possibility of filling certain local posts with worthy representatives of the local population. Adherents legal theory(L. Stein) considered the basis for the independence of local self-government bodies that they belong to the bodies of the local community, on which the state entrusts the implementation of certain tasks of public administration. The essence of legal theory was that its supporters saw in self-government bodies legal entities created by the state to meet general needs. The self-government body is not part of the state apparatus, since, in addition to performing the functions of state administration, it is in charge of local benefits and needs. Proceeding from this, the supporters of the legal theory insisted on the fundamental equality of state and local authorities, whose relations, in their opinion, should be built as legal relations of equal legal entities.

Political theory saw the basis of self-government in the totality of legal guarantees that ensure the independence of self-governing units. Supporters of this theory contrasted the tsarist officials - professionals and bureaucrats - with the elected local population. Election in local self-government was interpreted as one of the ways to achieve independence of its bodies.

Local self-government was also influenced by other ideas and views that were quite popular in their time. This, for example, idea of municipal socialism(England, mid-19th century), aimed at ensuring the fullest possible democratization of local life (requirements for endowing urban and rural communities with the rights of wider autonomy, increasing the representation of the population in local government bodies).

An intermediate place in relation to social and state theories, occupied dualistic theory local government. According to the theory, local self-government bodies should act, on the one hand, as an instrument of state administration and, on the other, be to a certain extent independent of it. Supporters of the dualistic theory of local self-government, thus tried to take the best of the state and public theories of local self-government.

Social Service Theory, which focuses on the implementation by municipalities of one of its main tasks: offering services to its residents, organizing services for the population.

All theories that tried to draw a clear dividing line between local self-government and public administration boiled down to the same thing: some feature was determined that ensured independence of local self-government bodies in relation to state bodies, and this feature was mistakenly considered dominant.

None of the theories of self-government described worked in their pure form. The idea underlying either the state or social theory of self-government could face a variety of obstacles to its implementation.

Control questions:

1) What does the term "municipality" mean? Act 45 A.D. about municipalities.

2) Features of communal self-government in European countries (France, Germany, England).

Assignment for independent work

Make a comparison table “ Modern models local government: Anglo-Saxon, continental communal ".

All about tuning cars

Theories of local government are. Basic theories of MSU. Organization of local government in the Soviet period. Local self-government in the post-Soviet period