||Дата: Четверг, 23.03.2017, 05:42 | Сообщение # 1|
|April 21 - Day of local self-government in Russia|
Local self-government in Russia (MSU) - the activities of local communities, carried out directly or through local representative bodies on local issues. Local self-government is recognized and guaranteed in Art. 12 of the Russian Constitution (chapter 1), which in practice means the assignment of local government to the principles of the constitutional system of the Russian Federation. Also, in the text of the Constitution laid down the basic principles of the structure and functioning of local government. They are disclosed in chapter 8 of the Constitution of Russia.
LSG is characterized by a certain territory reserved for the municipality, elected bodies and forms of direct citizen participation in local government, municipal property and budget, municipal regulations. Local governments are separate from the state authorities and their independence is under an economic basis - local budget, local taxes (duties) and municipal property. The essence of local government is that the population living in a certain territory independently and on his own responsibility decide local issues, as well as the possession, use and disposal of municipal property. The population also determines the structure of local self-government bodies, which is enshrined in the Charter of the municipality representative body of deputies.
The development of local self-government in pre-revolutionary Russia initiated the Zemstvo (1864) and the City (1870) reforms of Alexander II. Regulations on zemstvo institutions were created in 1864 elected provincial and district zemstvo assemblies, which was headed by local economic affairs. The organization of municipal government determined city regulations 1870, municipal government bodies were municipal councils and governments. Along with the provincial, district, municipal government bodies state authorities acted. When Alexander III local governments were put under the control of government officials. Municipal reform was not carried out in 1917 to life.
After the October Revolution of 1917 in the framework of organization of power was the principle of the unity of the Soviet system as the public authorities from top to bottom, the local government was rejected. The idea of local government back in the late 1980s in connection with the reform of state power in the country, as well as pressure SWC movement. USSR Law "On general principles of local self-government and the local economy" (1990), the RSFSR Law "On Local Self-Government" (1991) played an important role in the development of local government. Were delineated powers between local councils and administrations, entered the court and some other guarantees local self-government.
In 1993, during the period of gradual constitutional reform President held a local government reform. The activities of local councils has been discontinued, administrative powers were transferred to local governments, and the election of the new representative bodies of local self-government have been postponed for 1994.
The Russian Constitution, adopted on 12 December 1993, the consolidated local government and its independence, including the determination of local government structures. In 1995, the Federal Law "On General Principles of Local Self-Government in the Russian Federation". In 1997 and 2000, to his adopted substantial amendments to the local self-government in cities of federal importance and the responsibility of local governments and their officials.
The new Federal Law "On General Principles of the Organization of Local Self-Government in the Russian Federation", adopted in 2003, initiated the municipal reform, which was to be completed by 2009, when the Federal Law came into full force. However, according to Dmitry Medvedev's recognition of real self-government in Russia was not created even by 2011: "Municipalities are local self-government bodies. Formally, not state, but we understand that this is the same state. "
Since 2006, the following classification of municipalities has been introduced:
On the territory of the subjects of the Russian Federation (republics, territories, regions, autonomous regions, autonomous regions) are:
City district - a city settlement that is not part of the municipal district
The municipal district corresponds to the former district
City Settlement or Rural Settlement - included in the municipal district
In the cities of federal subordination (Moscow, St. Petersburg and Sevastopol) (total 3)
Intra-urban territories of cities of federal significance (in Moscow, the territory of 125 city municipalities coincides with the territory of Moscow districts), in St. Petersburg - municipal districts, cities and settlements).
In May 2014, two new types of municipalities were introduced:
City district with intra-urban division
Inner city district - a municipal entity in part of the territory of such an urban district.
Local self-government is one of the foundations of the constitutional system of the Russian Federation, recognized and guaranteed by the Constitution of the Russian Federation.
The legal basis of local self-government is:
The Constitution of the Russian Federation,
European Charter of Local Self-Government,
Universally recognized principles and norms of international law, international treaties of the Russian Federation,
Federal constitutional laws,
Federal Law No. 131-FZ of October 6, 2003 "On general principles of the organization of local self-government in the Russian Federation", other federal laws issued in accordance with federal laws, other regulatory legal acts of the Russian Federation (decrees and orders of the President of the Russian Federation, decisions and orders Government of the Russian Federation, other normative legal acts of federal executive bodies),
Constitutions (statutes), laws and other normative legal acts of the subjects of the Russian Federation,
Charters of municipalities,
Decisions taken at local referenda and gatherings of citizens,
Other municipal legal acts.
In accordance with the Constitution of Russian Federation local self-government in the Russian Federation shall ensure the independent solution by the population of local issues, possession, use and disposal of municipal property. Local issues - issues of direct life support of the population of the municipality, a decision which, in accordance with the Constitution of the Russian Federation and the Federal Law carried out a population and (or) the local authorities themselves.
Federal Law "On General Principles of Local Self-Government in the Russian Federation" establishes local issues settlement, municipal area, urban district, as well as the powers of public authorities to address issues of local importance.
In addition, federal law allows empowerment of local governments with certain state powers of the Russian Federation and the subjects of the Russian Federation, providing them with appropriate subsidies and accountability to public authorities, as well as the implementation of local government bodies of state authority, not transferred to local authorities.
In accordance with the Russian Federation, local self-government is carried out by means of a referendum the citizens by the Constitution, elections, other forms of direct expression of will, through elected and other bodies of local self-government.
Forms of direct realization by the population of local government:
vote on the recall of a deputy, a member of the elected body, the elective official of local self-government;
Vote on border changes, the transformation of the municipality;
gathering of citizens;
Forms of public participation in local government:
lawmaking initiative of citizens;
Meeting of citizens;
Conference of citizens (meeting of delegates);
treatment of citizens in local self-government;
Local self-government is carried out throughout the territory of the Russian Federation. Territorial basis of local self-government is formed by municipalities.
In the Russian Federation there are 5 types of municipalities that operate at two levels:
Municipal district - several urban and / or rural settlements
Rural settlement - one or more rural settlements
Urban settlement - one city or urban-type settlement with adjacent rural or urban settlements
City district - a city settlement that is not part of the municipal district
City district with intra-urban division
Inner city district - a municipal entity in a part of the territory of such a city district
The inner city territory of a city of federal significance is a part of the territory of a city of federal significance (Moscow, St. Petersburg and Sevastopol).
The boundaries and status of municipalities were established in 2003-2005 within the framework of municipal reform and have been repeatedly modified. The procedure for changing borders and transforming municipal entities is established by the Federal Law.
The bodies of local self-government are not included in the system of public authorities. The structure of local self-government bodies, established by the charter of the municipality, includes the following bodies and officials of local self-government:
Representative body of the municipality;
Head of the municipality;
Control body of the municipality;
Other bodies of local self-government.
In accordance with the federal law, there are the following main options for the structure of local government:
The representative body is elected by the population, the head of the municipal entity is elected by the population and heads the representative body, the head of the local administration is appointed under the contract;
A representative body is elected by the population, the head of the municipal entity is elected by the population and heads the local administration;
The representative body is elected by the population, the head of the municipal entity is elected by the representative body from its composition and headed by the representative body, the head of the local administration is appointed under the contract.
In the municipal district, this version of the structure of local government is allowed: a representative body of local self-government is formed from the heads and delegates of representative bodies of settlements.
In rural settlements, the head of a municipal formation can, regardless of the way he is elected, head both the local administration and the representative body. In rural settlements with a population of less than 100 people, the head of the municipality is the head of the local administration and is elected by the population, and the functions of the representative body are carried out by the citizens' gathering.
The economic basis of local self-government is municipal property, funds of local budgets, as well as property rights of municipalities. Local governments on behalf of the municipal entity own, use and dispose of municipal property. In accordance with the Civil Code, local governments have the right to create municipal enterprises and institutions.
Each municipal entity has its own budget (local budget). Own revenues of the local budget can include:
Means of self-taxation of citizens;
Income from local taxes and fees;
Income from regional taxes and fees;
Income from federal taxes and fees;
Gratuitous transfers from budgets of other levels, including grants for equalization of budgetary security of municipal formations;
Income from property in municipal ownership;
Part of the profits of municipal enterprises remaining after payment of taxes and fees and other mandatory payments;
Fines, the establishment of which is attributed to the competence of local self-government bodies;
Subventions to address issues of local importance of intermunicipal character (for some municipal districts);
The law establishes the possibility of leveling the level of budgetary security of settlements, municipal districts and urban districts by providing subsidies from the regional fund for financial support to municipalities and (or) district funds for financial support to settlements.
Local governments and municipal institutions authorized by them may act as customers for the supply of goods, works and services related to the solution of local issues and the exercise of certain state powers (municipal order). Municipalities have the right to attract borrowed funds, including through the issuance of municipal securities (municipal loans).
In order to organize interaction between local governments, express and protect the common interests of municipalities, a council of municipal entities of a constituent entity of the Russian Federation is formed in each constituent entity of the Russian Federation. Councils of municipal entities of the subjects of the Russian Federation can form a single all-Russian association of municipalities. In addition, the law allows the creation of other associations of municipalities, taking into account the territorial and organizational basis, as well as inter-municipal economic societies and other organizations.