Local government in the Russian Federationis guaranteed by the Constitution and Federal Law No. 131. The ability to independently organize landscaping in state regions is truly a democratic phenomenon. However, not everyone knows what self-government is and what it is based on. In this article, the relevant Federal Law will be analyzed, which contains all the main provisions that relate to the presented phenomenon.
According to Article 1 of the Law 131-FZ, self-governmenton the ground constitutes a constitutional Russian system, and is also recognized, guaranteed and implemented throughout the state. What is this system? The law speaks about the form of the exercise by the people of their own power, but only in the limits established by law. The interests of the population must necessarily be taken into account in the self-governing bodies, after which it should begin to be implemented in practice.
Self-governing bodies are elected by the Russianpopulation, and therefore endowed with a number of certain powers. The body should include elected officials, elected by direct and equal suffrage.
FZ "On the general principles of organization of localself-government "establishes the norms according to which all Russian citizens have the right to exercise self-government on the ground by participating in elections, referenda and other forms of expression of will. Citizens have this right regardless of their language, position, religious beliefs, etc. According to Article 55 Constitution, this right is restricted only if it contradicts the morals, health or life of the population.
What is the legal basis of the localself-government? Here it is worth highlighting the Constitution, namely Chapter 8, as well as various kinds of FKZ and FZ. The change in the principles for the formation and implementation of local self-government is allowed only by making appropriate amendments to the listed legal sources.
In Chapter 2 of the Federal Law "On General Principles of Organizationlocal self-government "establishes the main principles and conditions on which the relevant authorities are based, for example, the provisions concerning the territory of the municipality are fixed in Article 10. According to the law, self-governing bodies can be formed only in urban and rural settlements, as well as in the districts of the city and districts of the municipality While Article 11 specifies the boundaries of municipalities, and in Article 12 - the conditions by which these boundaries can be divided.
In subsequent provisions of the law,the principle of constant modernization and transformation of municipalities. The state should periodically encourage and financially assist the instances involved in self-government. Article 13 deals with the possible abolition of the instances in question in certain regions. At the same time, liquidation must have a specific goal - for example, reorganization, organ transfer, etc.
Here it is worthwhile to note other "classical" principles. This is legality, conformity to the goals of humanism, social orientation, etc.
The bodies of municipal self-government, according toarticle 19 of the law in question, have a number of certain powers, which they are endowed by the state. How exactly can the relevant authorities be vested with relevant functions? The answer to this question is provided by the Constitution, which refers to the free formation of the relevant bodies. Therefore, the powers of self-government instances may be different - depending on what is prescribed in the regional federal law. In this case, local government in the Russian Federation should not depart from the rules that are prescribed in the law in question - No. 131-FZ.
But what exactly should contain a regional law that provides for the authorization of self-governing bodies? The law specifies:
In a little more detail it is worthwhile to talk about the powers that self-government bodies have in most regions of Russia.
The list of powers set forth in articles 14-15 will best provide an answer to the question of what self-management is. Here is what the functions of the instances in question singled out the law:
And yet, what is self-management? According to the data provided in the law, it is an institution that implements functions of a political, social, cultural and economic nature.
What is the self-management system of anyregion? Article 34 of the law in question refers to a representative body, a regional executive branch in the person of the local administration, control and account authority and other authorities.
Institutions of local self-government, like any otherother authorities have a certain share of responsibility - both for the state itself and for the entire population. According to article 70 of the law in question, self-governing bodies may even change their structure due to violations committed during their work.