Currently, the definition of the competence of local governments is considered one of the main problems in organizing the activities of local authorities for the formation of a legal framework. Moreover, the effectiveness of the entire management system depends on how rationally distributed competencies are between its levels.
The concept of competence of local authorities
Local government institutions should be understood as structures of municipal (local) government of a public nature that exercise certain powers in the interests of the society of this entity. The main goal here is the implementation of the functional of local self-government, which serves as a form of transformation into the life of people's power. It is important to note that the presented structures are endowed with the corresponding functionality.
The competence of local authorities should be considered as a set of functions established by the norms of municipal law. It is necessary to add that they are needed for independent resolution by the local authorities of issues related to their conduct. Accordingly, these issues are due to the tasks inherent in local government. Thus, the competence of local authorities is a complex legal category, the structure of which consists of rights and powers (duties), as well as subjects of jurisdiction.
Rights and obligations
It should be borne in mind that the rights and obligations of local government structures are closely interlinked with their subjects. So, if in determining these items the answer to the question becomes relevant in which spheres of life of the local society, the body is competent, then duties and rights characterize the boundaries of the structure's capabilities in a particular area of municipal relations. The federal law of 2003 regarding the general principles of the organization of local authorities establishes the rules of legal regulation and the exercise of the competence of local authorities:
- The list of issues of a local nature can only be changed by making appropriate additions and changes to the presented law.
- Financial obligations that arise due to the solution of problems of the local plan are fulfilled at the expense of local budget funds. At the same time, federal legislative acts, as well as legislative acts of entities cannot include provisions that determine the amount of expenses covered by local budget funds.
- Legal regulation of the responsibility of officials and structures of local self-government, their rights and obligations is included among the powers of federal bodies, as well as state bodies. authorities of the constituent entities of the Russian Federation.
- According to local issues, officials and local governments adopt municipal type legal acts. It is worth adding that these documents are binding on the entire territory of the corresponding formation of the municipal type.
- When resolving issues of a local nature, local authorities in the powers of the appropriate rank and their limits can conclude agreements and contracts. For example, to form associations of inter-municipal significance.
- Local government structures have the right - according to the charters of municipalities - to decide whether to involve citizens in the performance of work that is significant for society, on a voluntary basis (for example, on duty or cleaning the territory). It is worth adding that only activities that do not require professional training can be classified as socially oriented. Able-bodied adult citizens can be involved in the implementation of such activities during a time free from studies or main work, provided that labor is free of charge no more than 1 time in 3 months. In addition, the duration of these works should not exceed 4 hours without a break.
- Admissibility of subordination of a structure or official of local authority of one municipal formation to a representative body of local self-government of another municipal formation.
Subjects of reference
The first component of competence are subjects of reference. Under the subjects of local government should understand the range of issues that are determined by the current Constitution of the Russian Federation, legislative acts of the federal level, legislative acts of constituent entities of the Russian Federation, charters of municipal formations. It is worth noting that these issues are due to the implementation of local government, its current goals and objectives, the role and place in bringing the people's will to life. Decisions on a number of problems are made directly by people and (or) through elected and other local government structures. It is worth adding that the subjects of reference are determined primarily by the current Constitution. They establish the existence of a number of issues within the competence of local authorities.
So, it is worth mentioning the implementation of certain powers of the state, which can be endowed with the structure of local authorities through the above documents of the highest state level. In addition, it is advisable to note issues that are not within the competence, but are resolved in practice. It should be borne in mind that the powers of local self-government established by this legislative act imply the inclusion of officials and state officials in the list of issues discussed. bodies (local administration, representative body and so on). It is advisable to conclude that, in their complex, the described moments form the content of subjects of self-government in the local plan.
Local level issues
As it turned out, the basic content of subjects of reference forms local issues. It is they who identify the spheres of life within the boundaries of which today the functions of local authorities are carried out. Under these issues, it is necessary to understand the moments related to ensuring the full life of the society in a particular municipality. The discussed structures implement solutions to these issues in an independent manner. It should be noted that regarding the municipal formations of all varieties that exist today, their list of issues of a local nature is determined:
- for rural and urban settlements ;.
- for municipal areas;
- for urban districts.
As a rule, the lists of questions regarding different municipalities are the same, however, there are differences that are due to the specifics of the legal status, the composition and size of the land of the territory of the entity, the type of settlements and other factors. So, in this case, the following items are included in the functions of local governments:
- Issues of creation, approval and subsequent execution of the local budget, as well as control over its implementation; formation, amendment and, if necessary, cancellation of local tax payments; ownership, use and disposal of property complexes that are in municipal ownership. It is important to note that the solution of these issues forms the basis of all municipal activities.
- Issues of providing services to people who are related to ensuring their comfortable life.
Provision of services to the public
As it turned out, the competence of the executive bodies of local self-government includes the provision of various kinds of services to the population. It is advisable to attribute to this group:
- Issues of the housing and communal plan, transport, construction, communications, trade, food and household services.
- The competence of local governments included issues of culture, health, education, sports and recreation.
- Issues of landscaping and landscaping. In addition, it is advisable to include environmental protection and the maintenance of burial sites.
- Bodies of general competence of local self-government solve civil defense, public order, guardianship and trusteeship, as well as ensuring the safety of people.
- Issues of the creation and subsequent maintenance of municipalities.
- Issues of creation and further maintenance of municipal archives. It is worth noting that this group is in the exclusive competence of local authorities.
Realization of state powers
In addition to the above, management structures of local importance are engaged in the implementation of certain powers of state. character. It is worth noting that the entry into the competence of local authorities and officials of these issues is determined by the following factors:
- The state determines those moments, the interaction in accordance with which is extremely necessary, and also useful in the public plan. In addition, it democratizes the process of implementing the functions of the state, strengthens control over society, and also expands citizens' initiatives.
- Due to the maximum proximity to society, representative bodies of local self-government exercise individual state powers with higher efficiency than state structures do.
Specific authority
Today, management structures can be vested with some state powers. What issues do local governments decide? So:
- Questions in the field of registration of acts of state of citizens. We are talking about the registration of acts directly in the municipality, on its territory.
- Questions in the field of SPZ. This includes social support for orphans, labor veterans, street children, large families, etc.
- Issues in the field of agriculture. For example, these are powers related to supporting agricultural production in the form of subsidies for livestock products.
- Questions in the field of education and the organization of work of commissions for the protection of the rights of minors, commissions for minors, commissions of an administrative nature. It is important to add that they are part of the local government structure.
Empowerment Procedure
To date, the following procedure is relevant in accordance with which local government structures can be vested with state powers listed above:
- The vesting of rights to carry out specific types of activities is carried out by legislative acts of the federal level, and in some cases - by legislative acts of entities. It is important to add that the application of other normative acts of a legal nature is unacceptable.
- Allocation of local rights management institutions for an unlimited period or for the duration of specific powers in the event of its existence.
Financing issue
It is worth considering that for the implementation of the functions of the state, municipalities need funding. It is expressed primarily in the form of subventions that are provided to local budgets from the compensation funds of the respective regions of Russia. It is necessary to supplement that the named funds are created due to:
- Subventions from the federal compensation fund for the implementation by administrative structures of their functionality, in other words, the powers of the state, which are transferred to them through legislative acts of a federal nature.
- Other budget revenues of the subject of the Russian Federation.
Conclusion
It is important to keep in mind that close monitoring is carried out by public authorities:
- Firstly, the implementation by management structures of local importance of individual powers of state. character.
- Secondly, the use of financial resources and material resources provided for the implementation of the functions presented and the achievement of relevant goals.
It should be borne in mind that local government may have other issues. We are talking about those categories that meet a number of requirements:
- They are not included in the list of issues at the local level established by law, and also are not included in the list of individual powers of the state.
- They do not belong to the jurisdiction of other municipal formations, to the competence of their structures, and are also not included in the functions of state bodies. management.
- They are not excluded from the functionality of local government structures through federal legislative acts or legislative acts of constituent entities of the Russian Federation.
We add that local government structures have the full right to resolve the above issues only if they have their own financial resources and material resources (the exception in this case is subsidies and subventions that are provided from the federal budget or the budget of a constituent entity of the Russian Federation). Often, the structures considered in the article resolve issues related to the formation and organization of the activities of individual officials and local government institutions. It is important to present this category as independent, isolated.
You need to know that when publishing the powers of officials and local government structures, the head of the municipal formation (usually the head of the local administration) issues resolutions on relevant issues related to the implementation of certain state powers. In addition, he issues orders related to the organization of activities of the local administration in accordance with article 43. The municipal structure also makes decisions regarding the organization of its own work, as well as the activities of the representative body. Thus, the creation and subsequent organization of managerial structures of local importance should also be attributed to the subjects of reference as an independently functioning element.