What are CBTs in municipalities? To give an answer to this question, it is necessary to dwell on the characteristics of local self-government. This is a form that is one of the options for self-government along with a professional way and dividing by interests.
Population activity
In order to understand what TOSs are in municipalities, we note that it is local government that is the public authority. It combines the signs of a natural (social) phenomenon, acts as a form of manifestation of the social activity of the population, the possibility of citizen participation in solving specific problems. Such a variant of power also implies the responsibility of people for their actions.
In a concentrated form, local governments express the spiritual and socio-economic interests and needs of local society. Only with this approach can the government guarantee order and stability of economic relations, protect people from anarchy and arbitrariness.
Municipal authorities gain confidence in various social groups, while ensuring the independence and autonomy of the activities of municipal bodies. It structures the level of self-organization of life and activity on which the natural needs of a person are based on nutrition, housing, water supply, and a favorable environment.
Important aspects
Arguing over what TOSs are in municipalities, we note that local government in our country is recognized and guaranteed by the Constitution of the Russian Federation. It can be represented in two aspects:
- as the right of people to independently examine local affairs;
- as the basis of the constitutional system, the main principle of the formation of power.
So, local self-government is not only a form of democracy, but also the right of the population to a joint solution of certain problems. It involves a combination of representative and direct (direct) democracy.
The formation of CBT is one of the ways to take into account national traditions and culture in the interests of the local population.
Local government
They are enshrined in Art. 131 of the Constitution of the Russian Federation. A similar option is suitable for rural, urban settlements, as well as for other territories. The foundations of local self-government are determined taking into account local traditions. Changing the boundaries of the territories within which it operates is allowed only with the consent of the local population.
The constitution of the country based on the establishment of the territorial base of local self-government singled out the administrative-territorial principle. All units that have the right to self-government are called municipalities.
Self-government is regulated through a combination of different types of social norms.
They reflect the objective need of society to streamline relations in a particular community, characterized by a historical character.
Local Issues
Speaking of what TOSs are in municipalities, we note that they are an effective tool to improve the lives of ordinary citizens. Among the issues that are of local importance are:
- adoption, as well as changes to the Charter of the Ministry of Defense, monitoring its compliance;
- possession, use, disposal of municipal property;
- budgeting, its approval, the establishment of fees and taxes, the resolution of other financial issues relevant to the area;
- the total socio-economic development of the municipality, its individual territories;
- maintenance and application of the housing stock, as well as non-residential buildings;
- organization, maintenance, monitoring and development of municipal institutions of pre-school, school, vocational education;
- providing medical services to the population;
- regulation of the development and planning of territories of the Moscow Region;
- creation of favorable conditions for socio-cultural and housing construction
The organization of CBT in the municipality is aimed at landscaping and landscaping settlements, preserving cultural and art monuments that belong to the municipality. In addition, they facilitate the involvement of citizens in physical education and mass sports.
Legal regulation
The organization of CBT in the municipality promotes the active involvement of people in solving the problems of the local community. The right of citizens in such a union is secured by Art. 27 of the Federal Law relating to the general principles of creating local government in our country.
Distinctive features
The procedure for the formation of CBT is also discussed in this document. By TOC they mean the self-organization of people at their place of permanent residence for the realization of their own ideas of local importance.
Despite the fact that such entities are part of the local government, they are not a form of implementation of municipal authority.
Their participants are not involved in resolving issues of local importance, they carry out their own initiatives regarding a specific MO.
It is important to note that the association is carried out only on a separate section of the territory of the municipality.
CBT without the formation of a legal entity is implemented within the following territories:
- residential apartment building;
- entrance;
- microdistrict, a rural point that is not a settlement.
Terms of Creation
In order to create such a community of owners in a particular territory, certain conditions must be met:
- the borders of its territory should not go beyond the borders of the settlement itself;
- in a certain territory, only one CBT is allowed;
- they cannot be organized in territories that do not have common borders.
There are several registration options: CBT with the formation of a legal entity, as well as with the charter.
A partnership is deemed approved from the moment it is recognized as a legal entity.
It is considered approved after the statute of the TPS is officially registered by the authorized body of self-government of a particular settlement.
The essence of such a procedure is to include information on the establishment of a partnership in the register.
If the charter of TPS with the formation of a legal entity, then the partnership in the Federal Law is formed as a non-profit organization. Russian legislation does not establish its specific legal form.
The following options for such organizations are distinguished:
- religious or public associations;
- non-profit partnerships;
- charitable foundations;
- unions and associations.
An autonomous non-profit organization is considered as the optimal legal form for partnerships of public owners. CBT is carried out by citizens through conferences and meetings, as well as by creating bodies of such a partnership.
A meeting is recognized as competent when at least half of all residents of the territory who have reached the age of sixteen take part in it.
A conference of citizens on the creation and implementation of TPS is recognized as valid if it is attended by more than 2/3 of the inhabitants of the territory who are sixteen years old.
Exclusive powers of assemblies, conferences of citizens carrying out CBT
Among them are the following points:
- structure;
- TOS charter;
- elections;
- estimate of income and expenses, budget execution report;
- consideration and approval of the report on the functioning of bodies.
Among the main powers that carry out TOC, we highlight:
- representation of the interests of citizens who live in a particular territory;
- enforcement of decisions made at conferences and meetings of residents;
- the implementation of economic activities for the maintenance of the housing stock, improvement of the territory;
- the possibility of introducing draft legal acts into the Ministry of Defense, which are subject to mandatory consideration by officials.
The charter of the CBT without the formation of a legal entity, filled out in accordance with all the rules, should contain information about the territory in which it operates. It also indicates the goals, forms, tasks, main activities.
The sequence of formation, termination of powers, duties, as well as the duration of the functioning of this community is also included in the TOS charter of the municipality. Also, in the document adopted, the sequence of the acquisition of property, the procedure for the use and disposal of property, financial assets are noted.
The Charter of TOC without the formation of a legal entity does not imply any additional requirements on the part of local authorities. Federal law establishes only general requirements for activities and partnerships. A detailed algorithm for their creation is described in the charter of the Moscow Region or is explained by legal regulations of the representative body of a particular Moscow region.
Creation Guide
The TPS Charter without the formation of a legal entity in 2017 implies an indication of the main goal that citizens pursue.
CBT is created both by decision of the citizens themselves and by the initiative of local governments. The partnership on a voluntary basis makes certain decisions, bears responsibility for them.
It is not endowed with authority of its own, therefore the ideas adopted at meetings and conferences are advisory in nature, at any time period the CBT can be eliminated, and its activities ceased.
Regulatory and legal documents governing activities
The creation of CBT is regulated by the Constitution of the Russian Federation, Federal Law No. 131, the charter of Moscow Region, Federal Law No. 7, regulatory legal acts of the city, and the charter of the partnership. The following provisions should be highlighted in the charter:
- about the territory on which the CBT will be carried out;
- about the main goals, planned tasks, types and directions of work;
- about the features of the creation, as well as the specifics of the termination of duties, the duration of authority;
- the sequence of purchase of property, its disposal;
- options for spending financial resources, reporting features.
Among the forms of activity, they are distinguished: directly by the population, by creating TOS bodies.
The first option involves holding meetings and conferences of citizens, raising specific questions, and a joint search for solutions.
Among the powers vested in domestic legislation, conferences and meetings of citizens implementing the CBT include:
- development of the organization structure;
- development and adoption of the charter, making amendments and additions to it;
- election of TOC bodies;
- identification of the main areas of work;
- elaboration of estimates, monitoring its compliance;
- approval of performance reports.
Among the bodies of TOS, committees (councils) of housing estates, housing estates, and settlements are distinguished. There are associations of owners with certain real estate.
If the registration of the CBT is not carried out as a legal entity, the creation of a control and audit commission is not a mandatory element of the work.
In order to carry out certain work, commissions (groups) on various issues are created under the partnership body. For example, on cultural work, on the construction of certain local facilities.
TOC bodies are capable of performing several important functions at once:
- represent the interests of citizens who are registered in a particular territory;
- ensure the implementation of decisions that were adopted in the framework of conferences and meetings of citizens;
- carry out economic activities aimed at improving the territory, other economic activities, which are aimed at meeting the household and social needs of citizens at the expense of personal funds, as well as on the basis of an agreement between bodies of territorial public self-government and municipalities using local budget resources;
- submit to the municipal authorities draft legal documents aimed at improving the living conditions of citizens
In the exercise of other powers, the bodies of territorial public unions initiate conferences, meetings of residents in order to make concrete decisions within them, monitor the progress of their implementation.
They are attracted to work aimed at improving the appearance of ponds, parks, squares, their landscaping ordinary citizens. CBT initiate activities related to the repair of sidewalks and roads, the construction of playgrounds, sports adjoining towns.
They help to maintain cultural and historical objects in order, support the state of mass graves, military cemeteries, take an active part in creating conditions for working with children, and conduct various sports festivals and cultural events for them.
CBTs support single elderly people, dysfunctional and low-income families.
To summarize
It is this body that has the right to decide what contests will be held between residents, for example, for the quality of the maintenance of local territories, houses, streets, and after completion they sum up, identify the best, and award them with memorable prizes. Their competence also includes the identification of facts of unauthorized construction of farm buildings, residential premises, misuse of land, informing about such actions of local self-government.
Representatives of the CBT can be active participants in all activities related to the protection of public order, informing the public about various competitions. They cooperate with the councils of veterans, women's councils, consider, within the limits of their authority, proposals, applications from citizens, and receive the population.
What is the economic basis for the work of territorial public self-government? The financing of CBT is summarized from own funds (contributions and donations of citizens who live in the respective territory, as well as donations from organizations). Financing is also provided thanks to borrowed funds: borrowed resources, funds transferred by local governments, grants from charitable foundations and organizations.
If a couple of years ago, TOC was considered an outlandish phenomenon in our country, then in recent years the situation has radically changed. Today, almost every apartment building has its own CBT, this body is carrying out real work aimed at improving the life and well-being of ordinary citizens.