Municipal-legal relations and their subjects. Subjects of municipal legal relations to address issues of life support of the population Population as a subject of municipal law
The subjects of municipal legal relations can be divided into three types:
1. Special entity - municipality (MO)- a populated area within which local self-government is carried out in order to resolve the VMZ and there are property in municipal ownership, local budget funds, elected and other bodies of local self-government.
Law No. 131-FZ establishes the following types of MO:
a) municipal district;
b) urban and rural settlements that are part of the municipal district;
c) city district;
d) intracity municipalities created in cities federal significance Moscow and St. Petersburg.
2. Subjects entitled to make decisions (participate in decision-making) on VMZ.
MO population.
In the legislation on local self-government of some subjects of the Federation, the population of the MO is referred to as the local community, which is understood as the population living on the territory of the MO, united by common interests in the solution of the VMZ. A member of the local community is a citizen of the Russian Federation residing on the territory of the Moscow Region.
Gathering, meeting (conference) of citizens .
Citizens' gathering is used as a form of direct democracy in settlements with a population of no more than 100 people who have the right to vote to resolve the VMZ.
A meeting (conference) of citizens is a deliberative (consultative) form of direct democracy. The meeting (conference) is held on a part of the territory of the Moscow Region to discuss the VMZ, inform the population about the activities of the bodies and officials of LSG, and also for the purpose of exercising territorial public self-government.
Bodies and officials of LSG .
LSG bodies are elected directly by the population and (or) formed by the representative body of the MO. They are vested with their own powers by decision of the VMZ. These include:
a) a representative body of LSG;
b) the head of the MO;
c) local administration;
d) other elected and otherwise formed LSG bodies.
Citizens of the Russian Federation.
In accordance with Article 3 of Law No. 131-FZ, citizens have equal rights on LSG both directly and through their representatives, regardless of gender, race, nationality, language, origin, property and official status, attitude to religion, beliefs, membership in public associations.
As subjects of municipal legal relations, citizens exercise their right to LSG by participating in local referendums, elections, through other forms of direct expression of will, as well as through elected and other bodies of LSG. Citizens have equal access to municipal service.
Foreign citizens.
Foreign citizens permanently or predominantly residing in the territory of the Moscow Region have the right to participate in the implementation of LSG in accordance with international treaties of the Russian Federation and federal laws. Thus, in accordance with international treaties, they can participate in municipal elections, local referendums.
Deputy of the representative body of LSG, members of other elected bodies of LSG .
The powers of a deputy of the representative body of LSG by decision of the VMZ are determined by the status of a member of the collegiate elected body, which has the right to represent the interests of the population and make decisions on its behalf.
Members of other elected bodies of LSG participate in the decision of the VMZ assigned to the jurisdiction of this elected body of LSG.
3. Entities that in one form or another contribute to the implementation of LSG.
Bodies of territorial public self-government (TPS).
They are created by citizens at their place of residence on a part of the territory of the Moscow Region for the implementation of their own VSW initiatives.
Associations MO.
These associations (regional, interregional and all-Russian) have as their goal the coordination of activities, more effective implementation of the rights and interests of the Ministry of Defense, representation and protection of their interests in relations with state bodies, public associations, etc.
State bodies.
They interact with other subjects of municipal legal relations, providing support to local self-government, creating the necessary legal, organizational, material and financial conditions for the formation and development of LSG. State bodies assist the population in exercising the right to local self-government.
Enterprises, institutions and organizations located on the territory of the Moscow Region.
They can be both in municipal and in other forms of ownership.
Public associations.
First of all, we are talking about those associations that, in accordance with their charters, take part in the elections of local self-government bodies, represent and protect their rights, the legitimate interests of their members and participants, as well as other citizens in local self-government bodies.
Thus, summarizing the above features of the subject of municipal legal regulation, we can conclude that municipal law as a branch of law is complex.
At present, a significant part of municipal legal relations is regulated not only by the norms of municipal law, but also by other branches: constitutional, financial, administrative, civil, etc. At the same time, the share of legal norms that have, as it were, two “registration” addresses in municipal law is very significant. This situation is quite natural for the stage of formation of a new, previously non-existent branch of law. This allows for present stage talk about complex nature considered branch of law, which is manifested in the fact that the legal institutions of other branches of Russian legislation simultaneously serve as basic for municipal law.
Municipal law of the Russian Federation- This is a complex branch of law, which is a set of legal norms that consolidate and regulate social relations that arise in the process of organizing local self-government and the decision by the population of the MO VMZ.
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Subjects of municipal law
Municipal law is a complex branch of law
The concept of “municipal law” is new for our state studies, although the issues of municipal administration, municipal economy were once the subject of research by lawyers and leaders of the zemstvo movement pre-revolutionary Russia, as well as individual scientists of the 20s.
In the legislation of the Russian Federation, the term "municipal" is used to characterize both urban and rural self-government. At the same time, however, it must be taken into account that the Constitution of the Russian Federation uses the concepts not “municipality”, “municipal bodies”, “municipal law”, but “local self-government”, “local self-government bodies”. But at the same time, as one of the forms of ownership, the Constitution of the Russian Federation establishes municipal property, recognizing the right of independent management of it by local governments in both urban and rural settlements. Federal Law “On general principles organizations of local self-government in the Russian Federation” dated August 28, 1995 establishes that the terms “municipal” and “local” and phrases with these terms are used in relation to local self-government bodies, enterprises, institutions and organizations, property objects and other objects, the intended purpose of which is associated with the implementation of local self-government functions, as well as in other cases related to the implementation of local self-government by the population (Article 1). The same Law, regulating issues legislative framework local self-government, speaks directly about the norms of municipal law (Article 7). Thus, there is every reason to call the new branch of Russian law municipal law, which is essentially the law of local self-government.
The term “municipal law of the Russian Federation” is used in two main meanings. Firstly, this is the name of the set of legal norms governing a certain area of social relations and constituting a branch of the legal system of the Russian Federation, and secondly, this is the name scientific discipline-- a set of scientific theories and knowledge that generalizes this area of social relations, the practice of implementing the norms of municipal law. In addition, in accordance with the name of the branch of law and scientific discipline, municipal law is an academic discipline, the study of which is provided for by the curricula of law schools. All these concepts are closely interconnected with each other, because they have a common source: the same sphere of social relations, in which local self-government is embodied - an independent activity of the population of municipalities recognized and guaranteed by the state and under its own responsibility to address issues of local importance. However, each of these concepts - both a branch of law, and a scientific discipline, and an academic discipline bearing the same name, has its own specific content, its own subject.
The concept and subject of municipal law
Municipal law, like any other branch of law, is a set of interconnected legal norms that establish and regulate a special range of social relations. It is known that the branches of law differ primarily in the subject of regulation. Therefore, in order to give the concept of municipal law, it is necessary to identify the specifics of the social relations that make up its subject matter. This will make it possible to delimit municipal law from other branches of Russian law and to determine what determines the combination of these relations into independent view public relations, objectively requiring municipal legal regulation.
The peculiarity of relations regulated by the norms of municipal law lies in the fact that they arise in a special sphere of society, which the Constitution of the Russian Federation defines as “local self-government”.
Local self-government is an integral system of social relations associated with the territorial self-organization of the population, independently solving issues of local importance, issues of the structure and functioning of local (municipal) authorities. For local self-government is not only an area of civil independence and social activity of the population, but also a specific level of power, the organizational forms of the implementation of which are determined by the population of the municipality independently on the basis of federal legislation, the legislation of the subjects of the Russian Federation.
Municipalities, i.e. urban, rural settlement, other populated territory provided for by the legislation on local self-government, within which local self-government is carried out, have municipal property, local budget and elected bodies of local self-government necessary for resolving issues of local importance. At the same time, decisions made by direct expression of the will of citizens, decisions of local governments adopted within their powers, are binding on all enterprises, institutions and organizations located on the territory of the municipality, regardless of their organizational and legal forms, as well as local governments and citizens. At the same time, it must be borne in mind that local self-government, representing a special level of power, being an expression of the power of the people, is organizationally isolated in the system of governance of society and the state. According to Article 12 of the Constitution of the Russian Federation, local self-government bodies are not included in the system of state authorities.
The following can be distinguished features relations constituting the subject of municipal legal regulation.
First, these relations have a local-territorial character. They arise at the local (municipal) territorial level in the process of exercising local self-government by the population of urban, rural settlements and other municipalities, the territories of which are established in accordance with the legislation of the constituent entities of the Russian Federation, taking into account historical and other local traditions. Thus, we are talking about relations that arise within the boundaries of cities, towns, villages, rural districts (volosts, village councils), districts (districts), etc.
Secondly, these relations are complex in nature, as they are associated with the implementation of the tasks and functions of local self-government in all areas of local life: economic, budgetary and financial, socio-cultural, protection public order and others. The generality of these relations, which determines their unification within the framework of the subject of municipal law, is determined by the nature of local self-government. The essence of local self-government is in the independent decision by the population of issues of local importance.
The Constitution of the Russian Federation, while guaranteeing local self-government, does not disclose what issues should be considered local. The answer to this question is of fundamental importance, because the Constitution of the Russian Federation connects the independence of the population of municipalities precisely with the solution of issues of local importance (Article 130). The range of these issues is determined by federal laws and the legislation of the constituent entities of the Russian Federation on local self-government and finds its concrete expression in the charters of local self-government of municipalities. Issues of local importance, according to the legislation on local self-government, affect all areas of life of the population of urban, rural settlements and other municipalities. Therefore, the subject of municipal law covers social relations that are different in their specific content and nature: organizational, managerial, property, financial, etc. However, all these relations are united into an independent type of social relations. common feature: they arise in the process of solving issues of local importance by the population of municipalities directly or through local governments.
Thirdly, the obligatory subject of municipal legal relations is either the population of the municipality, which directly, i.e. through a referendum, elections, other forms of direct expression of will, resolves issues of local importance, or a body or executive local self-government, empowered to address these issues.
Thus, municipal law consolidates and regulates social relations that arise in the process of organizing and operating local self-government in urban, rural settlements and other municipalities.
Municipal legal relations, their subjects
Municipal legal relations are public relations regulated by the norms of municipal law that arise in the process of organizing and operating local government in urban, rural settlements and other municipalities.
The subjects of municipal legal relations are:
municipalities; population of municipalities; meeting (gathering) of citizens; local governments; citizens; deputies of representative bodies of local self-government; members of other elected bodies of local self-government; local government officials; bodies of territorial public self-government; associations and unions of municipalities; state bodies;
public associations; enterprises, institutions, organizations.
The subjects of municipal legal relations can be conditionally divided into three types.
1. A municipal formation is a special subject of municipal law; the federal law “On the General Principles of Organizing Local Self-Government in the Russian Federation” dated August 28, 1995 defines a municipal formation as an urban, rural settlement, several settlements united by a common territory, part of a settlement, other populated territory within which local self-government is exercised, there are municipal property, a local budget and elected bodies of local self-government.
The municipality owns the rights of the owner in relation to the property that is part of the municipal property. On behalf of the municipality, these rights are exercised by local self-government bodies, and in cases provided for by the laws of the constituent entities of the Russian Federation and the charters of municipalities, by the population directly.
The special legal status of municipalities is also manifested in the fact that the Federal Law “On the General Principles of Organization of Local Self-Government in the Russian Federation” refers to the jurisdiction of municipalities issues of local importance, as well as certain state powers that may be vested in local governments. In their totality, they constitute the subjects of local self-government.
Municipal formations as subjects of municipal legal relations have the right to create associations in the form of associations or unions in order to coordinate their activities, more effectively exercise their rights and interests, as well as the right to have their own symbols (coats of arms, emblems, other symbols), reflecting historical, cultural, socio-economic, national and other local traditions.
The rights and obligations of municipalities as subjects of municipal legal relations on their behalf are implemented by their actions by the relevant local government bodies within their competence established by acts defining the status of these bodies, or by the population of the municipality directly.
2. The second type includes subjects of municipal legal relations that are entitled to make decisions (participate in decision-making) on issues of local importance.
TO this species subjects include, first of all, the population of the municipality. The population exercises its right to resolve issues of local importance through a referendum, elections, and other forms of direct expression of will. Forms, procedures and guarantees for the direct exercise of local self-government by the population are fixed in the charter of the municipal formation in accordance with federal laws and the laws of the constituent entities of the Russian Federation. The population elects a representative body of local self-government, elected officials of local self-government, determines the structure of local self-government bodies, and also has the right to decide other issues of local importance. Article 12 of the Federal Law “On the General Principles of Organization of Local Self-Government in the Russian Federation” dated August 28, 1995 guarantees the right of the population of an urban, rural settlement, regardless of its size, to exercise local self-government. The charter of the municipal formation can be adopted directly by the population, and no confidence in the elected bodies of local self-government can be expressed. Taking into account the opinion of the population of the relevant territory, issues of formation, unification, transformation or abolition of municipalities, establishment or change of their territories are resolved. The federal law “On the general principles of organizing local self-government in the Russian Federation” secured the right of the population, in accordance with the charter of the municipality, to initiate law-making in matters of local importance (Article 25).
The legislation on local self-government of some constituent entities of the Russian Federation refers to the population of a municipality as a local community. Thus, in accordance with Article 3 of the Law of the Moscow Region “On Local Self-Government in the Moscow Region” “the population living on the territory of a municipal formation, united by common interests in resolving issues of local importance, forms a local community. According to the Law, a member of a local community is a citizen of the Russian Federation residing on the territory of a municipal formation. also the rights granted to him.
Similar provisions on the local community were contained in one of the draft Federal Laws “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, submitted for consideration by the State Duma Federal Assembly Russian Federation. However, the legislator did not accept such an approach to interpreting the population as a subject of municipal law, and the current federal legislation does not contain any mention of the local community.
Issues of local importance may be decided by a meeting (gathering) of citizens. Thus, the population at meetings (gatherings) of citizens may provide for a one-time voluntary contribution by residents of funds to finance the resolution of issues of local importance. A meeting (descent) of citizens in individual settlements may exercise the powers of a representative body of local self-government, which in this case is not formed.
The subjects of municipal legal relations, empowered to resolve issues of local importance, are elected and other bodies of local self-government. These include: a representative body of local self-government, which has the right to represent the interests of the population and make decisions on its behalf; an elected official of local self-government, endowed in accordance with the charter of the municipality with the authority to resolve issues of local importance. The charter of the municipal formation may provide for the position of the head of the municipal formation - an elected official who leads the activities for the implementation of local self-government on the territory of the municipal formation, as well as the positions of other elected officials of local self-government. The head of a municipal formation and other elected officials of local self-government are endowed with their own competence in resolving issues of local importance in accordance with the charter of the municipal formation.
In addition to representative bodies and elected officials of local self-government, the charter of a municipal formation may provide for other local self-government bodies and local self-government officials empowered to resolve issues of local importance. In accordance with their competence, elected and other bodies of local self-government manage municipal property, form, approve and execute the local budget, make decisions on a wide variety of issues of local life that fall within the jurisdiction of the municipality.
Elected and other bodies of local self-government are legal entities in accordance with the charter of the municipality.
The right to exercise local self-government also belongs to the citizens of the Russian Federation.
In accordance with Article 3 of the Federal Law “On the General Principles of Organizing Local Self-Government in the Russian Federation” dated August 28, 1995, citizens have equal rights to exercise local self-government, both directly and through their representatives, regardless of gender, race, nationality, language, origin, property and official status, attitude to religion, beliefs, membership in public associations. As subjects of municipal legal relations, citizens exercise their right to local self-government in urban, rural settlements and other municipalities by participating in local referendums, elections, through other forms of direct expression of will, as well as through elected and other bodies of local self-government.
Citizens have equal access to the municipal service, the right to familiarize themselves with documents and materials directly affecting the rights and freedoms of man and citizen, and they are also guaranteed the opportunity to receive other complete and reliable information about the activities of local governments, unless otherwise provided by law.
The implementation of the most important rights of citizens - the subjects of municipal legal relations, is directly linked by law with the achievement of a certain age. So, citizens who have reached the age of 18 have the right to elect to elected bodies of local self-government, and citizens have the right to be elected to elected bodies of local self-government upon reaching the age established by laws and other regulatory legal acts of the legislative (representative) bodies of state power of the constituent entities of the Russian Federation. At the same time, the Federal Law “On the Basic Guarantees of the Electoral Rights of Citizens of the Russian Federation” dated December 6, 1994 establishes that the minimum age of a candidate for the election of the head of local self-government cannot exceed 21 years. It is also possible to establish such an additional condition for the acquisition by a citizen of a passive electoral right as the period of compulsory residence for certain territory. However, according to the Federal Law “On Basic Guarantees of the Electoral Rights of Citizens of the Russian Federation” dated December 6, 1994, this period cannot exceed one year.
The powers of a deputy of a representative body of local self-government to resolve issues of local importance are determined by his status as a member of a collegiate elected body that has the right to represent the interests of the population and make decisions on its behalf that are valid on the territory of the municipality. The deputy of the representative body of local self-government participates in decision-making on the approval of the local budget and the report on its implementation, the establishment of local taxes and fees, the adoption of plans and programs for the development of the municipality, the approval of reports on their implementation, as well as on other issues within the competence of the representative body.
Members of other elected bodies of local self-government participate in resolving issues of local importance that fall under the jurisdiction of this elected body of local self-government.
The powers of a deputy, a member of an elected body of local self-government begin from the day of his election and terminate from the moment the elected body of local self-government of a new composition begins to work.
3. Finally, it is possible to single out the subjects of municipal legal relations, which in one form or another contribute to the implementation of local self-government, interact with the subjects of municipal legal relations, endowed with the authority to resolve issues of local importance, on various aspects of their activities affecting the rights and interests of municipalities. This type of participants in municipal legal relations should include: bodies of territorial public self-government; associations and unions of municipalities; state bodies; public associations; enterprises; institutions; organizations.
Territorial public self-government bodies created by citizens at their place of residence on a part of the territory of a municipal formation (territories of settlements that are not municipal formations, microdistricts, quarters, streets, yards and other territories) carry out initiatives in matters of local importance. In accordance with the charter of the municipality, these bodies may be legal entities.
Associations and unions of municipalities have as their goal the coordination of activities, more effective implementation of the rights and interests of municipalities. However, the powers of local self-government bodies cannot be transferred to associations and unions. They are registered in the manner prescribed for non-profit organizations.
State bodies interact with other subjects of municipal legal relations, providing state support to local self-government, creating the necessary legal, organizational, material and financial conditions for the formation and development of local self-government. State bodies, in accordance with the law, assist the population in exercising the right to local self-government. They are obliged to consider appeals of local governments and local government officials. State bodies enter into relationships with local governments, other subjects of municipal legal relations, exercising control over compliance with the law in the activities of local governments and local government officials, as well as over the implementation of certain state powers that may be vested in local governments.
Participants in municipal legal relations of this type are enterprises, institutions and organizations located on the territory of the municipality. Some of them are municipal, owned by the municipality. Local self-government bodies determine the goals, conditions and procedure for the activities of these enterprises, institutions and organizations that play an important role in ensuring the life of the population of the municipality, regulate prices and tariffs for their products (services), approve their charters, appoint and dismiss the heads of these enterprises, institutions and organizations, hear reports on their activities.
Relationships between local self-government bodies and enterprises, institutions and organizations that are not in municipal ownership are built on the basis of agreements. Local self-government bodies, in accordance with the law, have the right to coordinate the participation of these enterprises, institutions and organizations in the integrated socio-economic development of the territory of the municipality.
The subjects of municipal legal relations are local public associations that, in accordance with their charters, take part in the elections of local governments, represent and protect their rights, the legitimate interests of their members and participants, as well as other citizens in local governments. The Federal Law “On Public Associations” dated May 19, 1995 provides that issues affecting the interests of public associations in the cases provided for by the Law are resolved by local governments with the participation of the relevant public associations or in agreement with them.
The law does not say anything about the possibility of foreign citizens and stateless persons residing in the territory of the municipality to participate in the implementation of local self-government. However, foreign citizens, stateless persons, in accordance with Article 62 of the Constitution of the Russian Federation, enjoy rights in the Russian Federation and bear obligations on an equal basis with citizens of the Russian Federation, except in cases established by federal legislation or an international treaty of the Russian Federation. Therefore, foreign citizens, stateless persons residing in the territory of local self-government interact with local self-government bodies on issues affecting their rights and interests. Thus, the Federal Law “On the General Principles of Organization of Local Self-Government in the Russian Federation” dated August 28, 1995 obliges local self-government bodies and local self-government officials to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect the rights and freedoms of man and citizen (Article 3). In some foreign countries, persons who are not citizens of this state are allowed to participate in municipal elections. Usually this right is associated with the condition of residence in the country for a certain period (for example, in Denmark it is 3 years).
Municipal-legal relations, taking into account their content, can be divided into the following groups: a) relations related to the organization of local self-government; b) relations that characterize municipal activities for the direct livelihood of the population of municipalities; c) relations in which the activities of local governments in the exercise of certain state powers are embodied See: Article 17 of the Federal Law “On Public Associations” of May 19, 1995 // Collection of Legislation of the Russian Federation. 1995. No. 21. Art. 1930. .
The first group of municipal legal relations includes relations related to the formation, unification, transformation of municipalities, the establishment and change of their boundaries and names, the approval of the symbols of municipalities, as well as the definition of the structure of local governments, their name and formation, control over the activities of local governments, their responsibility.
The second group includes relations that arise in the process of solving by the residents of the municipality directly, through elected and other local governments, issues of ensuring the socio-economic development of the municipality, the livelihoods of its population. These are, for example, relations related to the management of municipal property, the formation, approval and execution of the local budget, the regulation of the planning and development of territories of municipalities, the maintenance of local roads, the organization and development of municipal health care, education, and culture institutions.
The third group of municipal-legal relations are relations that arise in the process of implementing certain state powers transferred to local governments. The state, endowing local self-government bodies with separate state powers with the simultaneous transfer of the necessary material and financial resources, establishes the conditions and procedure for monitoring their implementation.
Municipal legal relations can be classified depending on their subjects. Based on this, municipal legal relations are divided into three groups:
1. Relations in which one of the parties is a municipality. This group includes relations in which the legal status of a municipality is expressed, which, in accordance with the law, has municipal property, a local budget, elected bodies of local self-government, and also has the right to have its own symbols, join associations and unions uniting municipalities, etc.
2. Relations in which one of the subjects is the population of the municipality. This group includes relations that arise in the process of direct expression of the will of the population, making decisions on issues of local importance (for example, the charter of a municipal formation, etc.).
3. Relations in which one of the parties is a body or an official of local self-government. These relations characterize the multifaceted activities of local self-government in addressing issues of local importance, as well as the implementation of certain state powers that may be vested in local self-government bodies by law.
Municipal law as a legal entity is not one of the main branches of law. Its place in the legal system of Russia is determined by the fact that municipal law is a secondary, derivative formation that arose on the basis of the main branches of law as a result of the development of local self-government, its isolation in the general system of public and state management, as well as the development of special legislation on local self-government.
As already noted, municipal law is a complex branch of law. The peculiarity of such legal formations in the system of law is manifested in the fact that the norms that make up a complex branch act, firstly, as the norms of the main branches of law, and secondly, being the norms of the main branches of law and remaining such, at the same time they are included in the secondary legal structure - a complex branch of law. Because of this, municipal law is closely connected and interacts with many branches of law, which, while regulating their subject, also affect issues of municipal activity.
Municipal law is closely interconnected with constitutional (state) law, which, being the leading branch of Russian law, determines the basic principles, principles of organizing local self-government, guarantees and forms of local self-government, its place in the system of democracy. Thus, the norms of constitutional (state) law establish the foundations of municipal law, which regulates social relations that arise in the process of organizing and operating local self-government.
The relationship of municipal law with administrative law is due to the fact that local governments have administrative legal personality in accordance with the law. Thus, the local administration, the administrative commission under the local administration has the right to impose within its competence, in accordance with the Code of the RSFSR on Administrative Offenses, administrative penalties on citizens and officials for administrative offenses committed by them, as well as to exercise other powers of an administrative and legal nature. It should also be taken into account that the time of work in positions in local governments is counted in the length of service calculated for the provision of benefits and guarantees, in accordance with the legislation on public service, the legal regulation of which is carried out by administrative law.
Municipal law is closely related to civil law, which determines the civil law status of the municipality, local governments, which, on behalf of the municipality, exercise the rights of the owner in relation to property that is part of the municipal property.
The interaction of municipal law with such branches of law as financial, land, environmental, economic law is manifested in the regulation of the activities of local governments, which, in accordance with the Federal Law “On the General Principles of Organization of Local Self-Government in the Russian Federation” dated August 28, 1995, form, approve and execute the local budget, establish local taxes and fees, resolve other financial issues of local importance, and also exercise control over the use of land on the territory of the municipality, participate in environmental protection, create conditions to provide the population with trade services, Catering, consumer services, etc.
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The Constitution of the Russian Federation states that local self-government provides independent decision issues of local importance by the population, and it is carried out through forms of direct expression of will, elected and other bodies of local self-government. The federal law "On the General Principles of Organizing Local Self-Government in the Russian Federation" specified the provision of the Constitution of the Russian Federation and established that the population of an urban or rural settlement, regardless of its size, cannot be deprived of the right to exercise local self-government. The same normative act establishes a provision according to which the population independently and under its own responsibility exercises local self-government, both directly and through local self-government bodies.
Thus, the population is the main component of the local self-government system, and in this case, the main features of the population as an element of the whole are subject to analysis.
1. The population is a special subject of local self-government. This follows from articles 1 and 2 of the Federal Law, according to which local self-government is carried out on the territory of the municipality by a special subject - the population.
2. The population of a municipal formation exercises its power directly through a referendum, a gathering (assembly), a popular law-making initiative, appeals from citizens, territorial public self-government, as well as through elected and other local self-government bodies.
3. The population, carrying out the activities of local self-government, directs it to a special object - issues of local importance. Their list is contained in Chapter 3 of the Federal Law, which defines the issues of local significance of a settlement, municipal district and urban district.
4. The population performs the functions of local self-government independently. Based on the meaning of the Constitution of the Russian Federation, it can be stated that local self-government acts as an independent form of exercise by the people of their power. Independent decision by the population of issues of local importance implies the existence of a system of effectively functioning democratic institutions that allow expressing the interests and will of the local population, as well as freedom of initiative and choice of decisions of local governments based on their powers, but within the framework of existing laws.
5. The population exercises the rights of the owner in relation to the property that is part of the municipal property. This provision stems from Art. 51 of the Federal Law, which states that on behalf of the municipality, local governments independently own, use and dispose of municipal property.
6. The population of the municipality exercises control over the bodies and officials of local self-government, based on their interests. In accordance with Art. 71 the population of the municipality has the right to recall deputies, members of elected bodies of local self-government, elected officials of local self-government.
7. The population as the main subject of the local self-government system has its own legal status, which follows from the meaning of the Federal Law. Thus, the first element of the legal status is the authority, among which the right to choose the structure of local governments, the right to change the boundaries of the territory of the municipality, the transformation of municipalities, to adopt the charter of the municipality, etc.
The next element of the legal status is the responsibility of the population. Its peculiarity is that the population answers “to itself”, since the Federal Law contains a wording: the population resolves issues of local importance “under its own responsibility”, therefore, each resident of a particular municipality bears part of the responsibility. The liability mechanism involves the establishment of a sanction. In their most general form, they are presented as low level social benefits and other negative consequences for the population. The responsibility of the population is indirect. It is mediated, first of all, by local self-government bodies, since in their hands is the largest amount of authority, power levers. That is why the responsibility of the local community in the legal sense is transformed into local governments. This means that the population should have the ability to control the authorities and, if necessary, apply measures of legal responsibility to them.
An element of the legal status is guarantees of the activities of the population. The guarantees of activity include the opportunities fixed by law to recall a deputy, a member of an elected body of local self-government, an elected official of local self-government. Only specific unlawful decisions or actions, as a result of which the rights of citizens are violated, can serve as grounds for recall. Also, officials of local self-government for violating the procedure and deadline for a written response to citizens' appeals can be held administratively liable. In accordance with Art. 78 of the Federal Law decisions and actions of local governments can be appealed in court.
8. The population of the municipality is made up of residents of the Russian Federation with various types legal capacity: civil legal capacity (Article 18 of the Civil Code of the Russian Federation); electoral capacity; legal capacity to exercise local self-government and apply to local self-government bodies and their officials. It is in the process of citizens' activities in the exercise of legal capacity that such a subject of local self-government as "the population of the municipality" realizes itself.
Citizens as subjects are inside such a subject as "population". Consequently, citizens exercise their right to local self-government as part of the population and outside the municipality, not being part of the population, citizens cannot exercise their right to local self-government, that is, the spatial limits of the exercise of the right to local self-government are established, only the city, rural and urban settlement where they live is covered. In the municipal district there is a peculiarity of the implementation of local self-government. It lies in the fact that each resident of the district exercises the right to local self-government, as he lives in the territory of the district, and he also exercises his right, being a resident of a settlement included in the district.
The right of citizens to exercise local self-government is the municipal rights of citizens.
The municipal rights of citizens have a number of essential features: 1) the implementation of these rights implies a connection with a specific municipality; 2) they are an element of the constitutional legal status of citizens and are derived from it; 3) their list is established by the Constitution of the Russian Federation, the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation", the laws of the constituent entities of the Russian Federation. However, by the charter of the municipality, this list can be increased taking into account national, historical traditions and specified in detail.
As municipal rights are: firstly, the totality of opportunities available in the municipality; secondly, the existence of minimal opportunities that citizens have within the framework of a particular municipality.
Thus, the municipal rights of citizens should be understood as a system of guaranteed rights and freedoms of the individual, which are implemented on the territory of the corresponding municipality, recognized by it and fixed in the legislative acts of the Russian Federation, its constituent entities and the charter of the municipality.
The right of citizens to exercise local self-government is enshrined in Chapter 5 of the Federal Law. The analysis of normative acts made it possible to single out the following list of citizens' rights to participate in local self-government. These include the right:
Directly participate in resolving issues of local importance through a local referendum, gatherings;
To elect and be elected to local self-government bodies;
Receive equal access to municipal service;
For individual and collective appeals to local governments and local government officials;
Receive complete and objective information about the activities of local governments;
Protect their rights to participate in local self-government in court and in other ways;
The right to territorial public self-government;
To come up with a law-making initiative;
Apply with the initiative to hold public hearings;
On the conduct of meetings and conferences;
To vote on the recall of a deputy, a member of an elected body of local self-government, an elected official of local self-government, on issues of changing the boundaries of a municipal formation, transformation of a municipal formation;
The right to participate in other forms of direct expression of will. These may include the right of citizens to study public opinion through polls, consultative referendums, and the right to mass action.
Currently, municipalities have the right to approve by their decisions the provisions on the “Honorary Citizen of the Municipality”, which is awarded for a special contribution to the development of the municipality. Thus, in the urban district of the city of Sterlitamak, the decision of the Council approved the Regulations on the title "Honorary Citizen of the city of Sterlitamak". The title "Honorary Citizen of the City of Sterlitamak" is awarded to citizens for special merits in the development of the city, science, culture, education, healthcare, social protection of the population, the service sector, in other areas of work and high professional skills, active participation in public life cities that are universally respected by residents of the city, who have lived in the city of Sterlitamak for at least 20 years; people who made the city famous.
The decision to award the title of "Honorary Citizen of the city of Sterlitamak" is made by the city Council on the proposal of the head of the city administration. An application for the title of "Honorary Citizen of the city of Sterlitamak" is submitted to the head of the city administration:
Heads of organizations, public associations or labor collectives;
Local authorities or local governments.
Preliminary consideration of candidates for the title of "Honorary Citizen of the city of Sterlitamak" is carried out by a commission established under the city administration, which has the right to reject the submitted candidates. The commission organizes a discussion of candidates in the city's media and submits materials for consideration by the head of the city administration.
Citizens awarded the title of "Honorary Citizen of the City of Sterlitamak" are awarded a Certificate of Conferment of the Title, a special certificate and a ribbon of an Honorary Citizen of the City of Sterlitamak is tied. The following measures of social support are established for honorary citizens of the city living in Sterlitamak:
100% discount in payment for the occupied total area of residential premises (in communal apartments - occupied living space), including family members living together with them within the social norm, utilities(water supply, sewerage, removal of household and other waste, gas, electrical and thermal energy) - within the limits of consumption of these services;
Extraordinary free installation of a residential telephone and a 50% discount on telephone and radio subscription fees;
50% payment discount medicines purchased by prescription of doctors;
Extraordinary free production and repair of dentures (except for the cost of paying the cost of precious metals and cermets) in state and municipal medical institutions, at the place of residence (permanent registration);
Free travel on all types of urban passenger transport (except for taxis and fixed-route taxis);
Attendance at all public events held in the city;
Extraordinary reception by officials of enterprises, institutions and organizations of the city.
Control questions:
1) Define the concept of the principles of local self-government.
2) Define the concept of local government functions.
3) Describe local self-government as a special kind of power.
4) Show the relationship of municipal rights with constitutional rights citizens.
Tasks for independent work
1) Find articles in the Federal Law that would fix the elements of the legal status of the population.
2) Find in Federal Law No. 131 how the constitutional principles of local self-government are manifested. Please refer to relevant articles.
Similar information.
"Municipal" from the Latin municipium - a self-governing community. MP is a set of legal norms that establish and regulate a special range of social relations related to the implementation of local self-government.
Municipal law of the Russian Federation- a complex industry, which is a set of legal norms fixed and regulating public relations that arise in the process of organizing local self-government and solving local issues by the population of municipalities directly, through elected and other bodies of local self-government, as well as in the process of exercising individual state powers that can be allocated to local self-government bodies. (Decision of state authorities, for example, registration of acts of civil status).
The subject of MP is the circle of social relations that develop in the sphere of LSG. When determining the subject of MT and the features of its method, it is necessary to take into account a number of circumstances. First of all, it is the complex nature of the branch of law. LSG is not isolated from other social relations, the municipal level is influenced by the norms of other branches of law. For example, the realization of the rights and freedoms of man and citizen, the implementation of the basic duties of citizens are protected by constitutional law; when exercising budgetary rights, municipalities use the norms of budgetary legislation; when making transactions of a civil law nature, local self-government bodies are guided by the norms of the Civil Code, etc. Thus, the subject of international law includes a part of relations regulated in a complex by several branches of law. Therefore, some of the norms of various branches of law become at the same time the norms of international law.
legal method regulation is also a way of influencing public relations in the field of local self-government with the help of such techniques as prescription, permission, prohibition. Methods:
1) imperative, in which the prescription prevails (the head of the mo is ordered to carry out such and such functions;
2) dispositive (permission, independent choice of one's behavior, for example, contacting local governments on any issues);
Special methods:
3) method of guarantees - the state has determined that local governments are not included in the system of state authorities, i.e. it determined their independence in matters of local importance, but at the same time it guarantees judicial protection local self-government, its financial, organizational and economic independence.
4) the method of recommendations - Article 12 of the Constitution, local self-government bodies are not included in state bodies. authorities. The state, in order to influence local governments, reserves the right to recommend to local governments (for example, a government decree)
2 Subjects of municipal law
Population. In accordance with Part 1 of Article 130 of the Constitution of the Russian Federation, local self-government in the Russian Federation ensures that the population independently resolves issues of local importance, owns, uses and disposes of municipal property. In accordance with Article 3 of the Federal Law "On the General Principles of Organizing Local Self-Government in the Russian Federation", citizens of the Russian Federation have equal rights to exercise local self-government regardless of gender, race, nationality, language, origin, property and official status, attitude to religion, beliefs, membership in public associations. The Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" provides for the possibility of granting the right to exercise local self-government to non-citizens of the Russian Federation. Thus, in accordance with Article 3 of the said Law, foreign citizens permanently or predominantly residing in the territory of a municipal formation have rights in the exercise of local self-government in accordance with international treaties of the Russian Federation and federal laws.
Citizens of the Russian Federation. On the basis of Part 2 of Article 130 of the Constitution of the Russian Federation, local self-government is exercised by citizens through a referendum, elections, other forms of direct expression of will, through elected and other bodies of local self-government.
Local governments. Based on Article 132 of the Constitution of the Russian Federation, local self-government bodies independently manage municipal property, form, approve and execute the local budget, establish local taxes and fees, protect public order, and also resolve other issues of local importance. Local self-government bodies may be endowed by law with separate state powers with the transfer of material and financial resources necessary for their implementation. The implementation of the delegated powers is controlled by the state. It is necessary to distinguish between elected and non-elected bodies of local self-government. As a rule, at the local level, the charters of municipalities provide for such bodies of local self-government as the 1st head of the municipality, a representative body and an executive body of local self-government.
Public authorities, enterprises, institutions, organizations. Thus, in accordance with Article 133 of the Constitution of the Russian Federation, local self-government is guaranteed reimbursement of additional expenses incurred as a result of decisions taken by state authorities. State authorities and local self-government bodies may enter into relationships when jointly conducting any activities. State authorities provide support to local self-government, assistance to its formation and development.
A special subject of municipal legal relations is the municipality as a whole. For example, in accordance with Article 126 of the Civil Code of the Russian Federation, a municipal entity is liable for its obligations with property belonging to it under the right of ownership, except for property that is assigned to legal entities created by it on the basis of the right of economic management or operational management, as well as property that can only be in municipal ownership.
Rural settlement - one or more settlements plus the adjacent territory;
Urban settlement - one large settlement;
Urban district (for example, the city district of Y-Ola, Volzhsk, Kozmodemyansk);
Urban district with intracity territories (the city is divided into intracity territories, for example, the western one, where there will be their own self-government bodies and will be subordinate to a common body);
Municipal district, there are 14 of them. The municipal district consists of urban and rural settlements (Sovetsky, Sernursky ...);
Intracity territories of federal cities (Moscow, St. Petersburg, Sevastopol)
Objects of municipal law
The most important characteristic of any independent branch of law is the characteristic of its object - that is, that part of social life, phenomenon or process on which the regulatory impact of the corresponding legal branch is directly directed. In relation to the considered branch of municipal law, the object can be defined as follows:
Definition 1
The object of municipal law is a set of municipal legal relations regulated by the norms of the considered branch, arising, existing and terminated in the process of organizing and functioning of local self-government in the Russian Federation.
At the same time, legal science emphasizes that in order to isolate the object of municipal law from the objects of other related branches of law (constitutional, administrative, etc.), it is necessary to take into account those signs that characterize the social relations included in the corresponding object. Among these signs are:
- The local nature of the territory of the distribution of the emergence and implementation of municipal legal relations, limited by the boundaries of a particular municipality;
- A special sphere for the implementation of municipal legal relations related to the organization and implementation of the tasks of local self-government in the Russian Federation;
- The object of municipal law is distinguished by the complexity of the nature of its content, due to the need to implement relevant social relations in all spheres of life of the municipality: economic, budgetary, social, cultural, etc.;
- Features of the subject of legal relations constituting the object of municipal law, due to the fact that as one of the parties in such legal relations, the local government body, its official or the population of the municipality, as a special subject of municipal legal relations, is necessarily involved.
The last of the above features of the object of municipal law is extremely important in the process of its definition. In this regard, it seems necessary to analyze in detail the range of subjects of municipal law.
Municipal entity as a special subject of municipal law
The key subject of public relations that make up the object of municipal law is the municipality:
Definition 2
A municipal formation is a populated territory within which local self-government is carried out directly by the population or within the framework of the activities of elected representative bodies, that is, the solution of issues of local importance.
Speaking about the characteristics of the municipality, the following key features should be distinguished:
- A municipal formation is created in one of the forms provided for by the norms of the current Russian legislation. There are currently seven such forms;
- The municipal formation owns certain property, in respect of which the relevant subject has the right to exercise the powers provided for by civil law for its use and alienation in the manner and on the conditions provided for by the current federal or regional legislation;
- The rights and obligations of municipalities, provided for as elements of their legal status, are implemented as a result of actions created in in due course local self-government bodies (or their officials) or directly by the population of the municipality;
- Municipalities have the right to own their own symbols - coat of arms, anthem, etc., within which historical, socio-cultural, historical and other local traditions are reflected;
Other subjects of municipal law
Along with the municipality itself, other subjects of municipal law are distinguished. First of all, such a subject is the population of the municipality. The significance of the population as a subject of the considered branch of law is due to the fact that it is endowed with the right to make decisions on issues of local importance.
Example 1
So, for example, the current legislation provides for the possibility of direct decision by the population of the municipality of issues of local importance by holding a referendum, gatherings of citizens, elections and other forms of direct expression of will.
Specific forms, procedures and procedural features of the direct implementation of local self-government by the population are established by the charter of the relevant municipality, in strict accordance with federal and regional legislation.
The next subject of municipal law directly related to the will of the local population are elected and other bodies of local self-government, empowered to resolve issues of local importance, including: an elected official, a representative body, etc., endowed as a result of their appointment to a position within the framework of the will of the people with their own competence to resolve issues of local importance, in accordance with the charter of a particular municipality.
The relevant competence of local self-government bodies, as subjects of municipal law, provides for the obligation to manage municipal property, form, approve and implement the budget of the municipality, as well as the possibility of making legally significant decisions on a wide variety of issues of local importance that fall within the jurisdiction of the municipality.
In addition, in some cases, public authorities of the Russian Federation and constituent entities of the Russian Federation, state and municipal unitary enterprises, groups of citizens, etc. can be recognized among the bearers of rights and obligations within the framework of legal relations in the field of local self-government.
