The Russian Constitution recognizes and guarantees the independent activity of the population in solving problems of local importance. For this, a system of local self-government is organized. Its representatives are guided by popular interests. They pursue a social policy independent of the government. The concept of a local self-government system will be discussed in detail in our material.
The concept of a self-governing system
Local self-government appeared in Russia quite recently - with the adoption of the 1993 Constitution. Article 12 of the country's basic law states that the system of local self-government is not included in the structure of government. Local representatives act independently, but in strict accordance with the laws of the Russian Federation.
In 2003, the Federal Law "On the General Principles of the Organization of Russian Self-Government" was adopted and promulgated. According to its provisions, the people have the right to exercise power within the limits established by the legislation of the Russian Federation. The population takes certain decisions under its own responsibility, based on its own interests and taking into account historical or local traditions.
The system of local self-government is the basis of the Russian constitutional system. It is recognized, guaranteed and implemented throughout the Russian territory. The law does not regulate a certain number of powers of self-government instances. The only requirement is to comply with the laws. In this regard, each body independently forms for itself the boundaries of its duties.
Local self-government is not only a form of people's self-organization to solve their own problems. It is also a specific type of public authority, people's government. The system under consideration was formed to bring power closer to the people. The population should not only demand something from the state, but also take a direct part in conveying these demands and their subsequent resolution.
The system of local self-government in Russia
According to Article 130 of the Russian Constitution, independent people's government in Russia is implemented through elections, referendums and other forms of direct expression of will. The communication of their requirements through special instances - district, city, regional, etc. is being implemented. They constitute a single and independent system of local self-government.
All instances are under controlGovernment Council for Local Self-Government. The Council is an advisory body formed for the preliminary analysis of issues of local importance. If the regional authorities have any problems or unresolved issues, the first thing they will do is turn to the Federal Council. Its representatives will ensure the interaction of local authorities with the state executive power.
So, the system of local self-government in the Russian Federation is a complex and multi-stage structure, which is a set of organizational institutions and forms of direct expression of will. Through such instances, the people independently resolve issues of local importance.
Self-government in Russia works on the basis of legality and voluntariness. State bodies and officials must abide by the law and act independently. Moreover, voluntariness has multiple meanings. On the one hand, this is the ability to perform or not perform certain functions, and on the other hand, it is the right to independently form one's own duties and powers.
Laws on the local government system
The legal basis of the system under consideration is generally recognized norms of interstate law, various interstate treaties, as well as acts of domestic legislation.
According to Article 15 of the Russian Constitution, domestic law should not contradict world legal norms. Many international acts aimed at protecting freedoms and human rights report the need to organize an independentlocal public administration. We should highlight the Universal Declaration of Human Rights, the Covenant on Civil and Political Rights, the European Convention for the Protection of Human Liberties and much more.
A particularly important international document is the European Charter of Local Self-Government. Russia ratified it in 1998 when it expressed its desire to become a member of the Council of Europe. The principles of the charter are still used by the Constitutional Court of the Russian Federation.
Next, you should deal with the domestic legal framework governing the Russian system of local self-government. The first step is to highlight the Constitution - the fundamental law of the country. Chapter 8 of the Law is entirely devoted to local self-government in Russia. The constitutional norms are supplemented by a multitude of regulatory legal acts of federal significance. These are the 2003 Law "On Local Self-Government", various Government Decrees, Presidential Decrees and clarifications of the Constitutional Court.
The last stage of the legal framework of the system of local self-government in Russia concerns the local level. Based on federal principles and norms, different districts, cities and regions are building their own system of powers.
The law allows the use of any representative composition in self-government instances. However, in most regions, an informal rule has been established for the formation of a body from the following representatives:
- Chairman of the municipality;
- regional legislature;
- members of the localadministration;
- control authority of the municipality;
- other local authorities.
The formation procedure, powers, terms of activity, accountability and organization of the local self-government system are enshrined in the charter of the municipality.
Meaning of local government
A little more attention should be paid to the question of the significance of the system of local government. Why is it necessary and what role does it play? This is not written in the laws, but meanwhile the question of the relevance of a particular system always comes first.
Sociologists say that local self-government in the system of state power solves three major tasks. The first task is to provide basic social services. This is the provision of housing for the population, the improvement of the territory, the work of housing and communal services, the functioning of local transport and communications, the provision of medical care, as well as trade, consumer and cultural services to the population. The effective solution of all these problems contributes to the satisfaction of people's needs.
The second task is to attract local resources - natural, geographical, human and other nature. The identification and use of all necessary resources contributes to the development of small and medium-sized businesses, an increase in the tax base, the creation of jobs, etc. Prevention of social tension is being carried out. Self-government bodies, in fact, do everything that there is no time forpower.
The third task is to ensure direct interaction with the population in order to involve citizens in the decision-making procedure of local and national importance. Thus, the system of local authorities has a consolidating character. It aims to strengthen relations between the government and society.
Powers of authorities
Having de alt with the activities of local government and its significance in society, one should pay attention to the specific functions of the bodies in question. Functions are not imperative, that is, they are not mandatory. However, most of them are enshrined in the charter of regional instances. Here is what should be indicated here:
- approval of the regional budget and generation of reports on its execution;
- formation, change and elimination of local fees and taxes in accordance with Russian legislation;
- adoption of the municipal charter and amendments and additions to it;
- adoption of programs and plans for the modernization of the municipality, approval of reports on their implementation;
- determination of the procedure for the adoption of the formation, reorganization and liquidation of municipalities and institutions, as well as the establishment of tariffs for the services of various enterprises;
- determination of the procedure for participation of the municipality in inter-municipal cooperation;
- control over the execution by local self-government institutions and citizens of powers on issues of local importance.
So, the municipal system of localself-government implements functions in the field of management of regional or district property, protects nature, serves the population in the socio-cultural sphere and monitors public order.
State authorities and municipalities
The Russian Constitution enshrined the concept of a system of local self-government in a separate chapter. This indicates an organized and functional separation of the state and municipal systems. However, separation does not imply complete independence of one institution from another. Self-government is controlled by the state, but not managed by it.
Federal state authorities exercise the following powers in relation to local self-government instances:
- Legal regulation on the subjects of jurisdiction and within the powers of the Russian Federation, as well as on the subjects of joint jurisdiction of the center and subjects of the Russian Federation. We are talking about the rights, duties and responsibilities of central authorities and regional self-government instances.
- Legal regulation of the duties, rights and responsibilities of local self-government persons in the exercise of certain powers that may be vested in municipalities.
- Definition of the basic principles of the organization of local self-government in Russia, established by the Federal Law of 2003.
- Legal regulation of the powers, duties and elements of responsibility of ordinary citizens and bodies to address issues of local importance.
Like fourduties have in relation to self-government bodies and regional state bodies. We are also talking about the legal regulation of individual problems, the regulation of rights and obligations, the definition of jurisdiction, etc.
So, the system of state authorities and local self-government is based on the principles of federal legislation. The main rules and norms are established by regional acts. The subjective legal systems of local self-government should be based only on the principles of Russian legislation. With regard to the establishment of certain rules, there is relative freedom.
State support for self-government
Local governments are part of the public administration system. In this regard, the executive authorities are obliged to support the municipalities in every possible way. Thus, federal government bodies form the organizational, legal and material and financial conditions for the formation and development of local self-government. The authorities assist the population in exercising their right to perform functions locally.
According to the 2003 Federal Law, there are six types of state support for local self-government. The first type of subsidy is associated with the adoption of federal and regional programs to improve the municipal system. Government decrees have already provided support in the Tomsk and Volgograd regions. There are two stages of the program: the creation of basicconditions for the work of self-government and the promotion of the implementation of the constitutional powers of the system.
The second type of support is related to the development of model drafts of municipal acts. Regional authorities themselves offer their assistance in drawing up normative codes. For example, in 2004, a working group was created in the Omsk region to prepare local acts of self-government.
Financial assistance is the third and most common type of government support. It is no secret that the interaction between the systems of state and local self-government is provided mainly at the expense of the state alone. It simply has more money, therefore, more opportunities for the implementation of certain projects. Financial assistance can be manifested in the form of contributions to the local budget, the provision of subsidies and subsidies, the development of equity financing, etc.
The fourth type of support is related to the provision of material resources to local governments. Non-residential premises, vehicles, equipment, etc. can be transferred from regional property to municipal property. It is also possible to provide certain services on preferential terms.
Organization of vocational training and retraining for qualifications is the fifth type of state support. Sites are provided for municipal employees to take exams, and training is provided in some places. Here it is worth mentioning the provision of methodological assistance - the last type of subsidy. The government often draws up various manuals and recommendations, on the basis of which it organizesexchange of knowledge and experience. The manuals talk about the system of principles of local self-government, ways to ensure and improve it.
Control over self-government
The government ensures law and order on the territory of the municipality. To this end, government agencies are implementing eight special tasks.
State registration of municipal charters is the first task. Regional offices of the Ministry of Justice of the Russian Federation register self-government institutions in a special manner.
Maintaining a register of Russian municipalities is the next important goal of the state. The registry allows you to save data about each instance. Control over the implementation of the activities of self-government bodies is the third task. This also includes supervision of the financial component.
The fourth measure to ensure law and order is compensation for additional costs. According to Article 133 of the Russian Constitution, local self-government in the country must be supported and optimized in every possible way. The main source of assistance should come from the government.
The fifth supervisory function is prosecutorial supervision. Representatives of the Prosecutor's Office monitor the implementation of laws and local charters. Here it is worth designating the sixth function - judicial protection. To it must be added the involvement of bodies and citizens from local self-government to responsibility for violation of the current legislation.
Last functionis to conduct negotiations and conciliation procedures to resolve disputes and disagreements that arise between the state and local self-government.
History of self-government in Russia
The development of Russian self-government was initiated by the zemstvo (1864) and city (1870) reforms carried out under Alexander II. The regulations of 1864 created elected provincial and district assemblies in zemstvos. They were in charge of local business affairs.
The organization of self-government in cities was regulated by the City Regulations of 1870. According to its provisions, councils and dumas were self-governing bodies.
Local governments are included in the system of state power under Alexander III. The policy of reactionism begins, because of which the population was taken under strict control. Under Nicholas II there was a small "thaw". Liberal tendencies took over, and by 1917 municipal reform was to take place. However, the October Revolution thundered.
The power of the Soviets has developed the principle of unity of power and society. Society was supposed to be power. The so-called dictatorship of the proletariat operated.
Until the 1980s, there was no hint of self-government in Soviet Russia. Only during the Perestroika period was the Law of the USSR "On the General Principles of Local Economy and Self-Government" adopted (1990). Power was divided between administrations and local councils. Part of the powers were transferred to the people. In 1993 there wasthe current Constitution was adopted, and in 2003 the current Federal Law "On Local Self-Government" was adopted.
Ways to improve local Russian government
Reformation of local self-government is one of the priority tasks today. It is necessary to optimize the existing system to protect the system and maintain Russian statehood.
According to Article 1 of the Russian Constitution, the Russian Federation is a democratic state. The population living in the country has the full right to exercise local power. No one has the ability to restrict this right. The system itself needs to be improved in every possible way. Optimal results can be achieved by giving municipalities the following powers:
- setting the maximum number of representative bodies of self-government;
- determining the territorial levels at which local self-government is implemented - taking into account historical, administrative, socio-economic and other criteria;
- participation in solving certain issues of local importance of national importance;
- establishing a form of control by the Russian region over the activities of municipalities;
- initiating early judicial termination of powers of heads of municipalities.
These and other functions aimed at liberalizing the existing structure of self-government will contribute to the significant progress of the system.
