How does the system of municipal legal acts in the Russian Federation work? The answer to this question is provided by the Federal Law "On the principles of local self-government in the Russian Federation." Especially important provisions of this normative act will be considered in detail in the article.
The concept of local government
To begin with, it is worth paying attention to how exactly the Russian local government structure is structured. Firstly, such a system is the most important basis of the constitutional Russian system. It is recognized and guaranteed throughout the state. Secondly, the self-government system is formed by direct popular will. In municipalities, special bodies are formed that are vested with a number of powers for resolving issues of local importance. Deputies - members of legislative bodies of the region work in such bodies. They are officials, that is, people who have entered into an employment contract. All these provisions are regulated by articles 1 and 2 of No. 131-FZ.
It is local self-government bodies that have the right to form and issue municipal legal acts. These are special normative documents in which a direct popular decision is made on one or another local issues.
Local Government Rights
Article 3 No. 131-FZ secures the rights of citizens to local self-government. The law speaks of such ways of managing the system in question as referenda, elections and other legal forms of expression of will.
All citizens have equal access to self-government. There is no dependence on gender, language, race, property status, etc. Minority, criminal record and lack of Russian citizenship will be the only barrier.
Article 3 of the law in question provides a reference to article 55 of the Russian Constitution. It speaks of the possibility of restricting access to local self-government, if this contradicts the health or life of citizens, the foundations of the constitutional system, public morality, etc.
State bodies and local government
Chapter 8 of the Russian Basic Law states that the federal state bodies are vested with a number of powers in relation to local authorities. Article 5 of the Federal Law "On Local Self-Government" discloses these powers in detail. Here are some highlights:
- legal regulation of duties and powers of officials included in the self-government system;
- regulation of the subjects of jurisdiction of the Russian Federation in the sphere of authority of local authorities;
- implementation of the control and executive-administrative functions of federal bodies in relation to self-government entities.
Similar functions have regional authorities. It is also worth adding that the law establishes the supremacy of the Constitution and the Federal regulatory act over municipal legal acts.
Municipal legal act: what is it?
Finally, it is worth paying attention to regional regulations issued by local authorities.According to article 7 of the law under consideration, municipal legal acts are subject to mandatory execution on the territory of a holistic municipal formation. Acts issued by local governments should not contradict the Russian Constitution and federal constitutional laws.
Article 8 of the Federal Law on Local Self-Government describes provisions on cooperation between municipalities. It is formed and executed to protect the common interests of Russian entities. Material, cultural, financial and other resources are combined for the establishment of special economic societies and inter-municipal organizations. Often, associations are needed for joint discussion of regional bills. The issues of relevance of certain projects, the procedure for their adoption, etc. are discussed.
About the system of municipal legal acts
Chapter 7 of the Federal Law under consideration narrates about the system of normative acts adopted by self-government organizations of individual municipalities. What is included in such a system? The law describes the concept and types of municipal legal acts. It is worth paying attention to the following forms of laws:
- The municipal charter or the republican constitution, as well as various regulations that were adopted at a local referendum.
- Various legal and regulatory acts of the legislative body of a particular municipality.
- Regulations of the municipality, local administration, self-government bodies, etc.
All presented collections of norms have the highest legal force and have the nature of direct action.
The main official in the system of the municipality and, in particular, the local government, is the head of the municipality. It is this person who is engaged in the publication of decisions and orders on issues of his competence.
Article 43.1 of the Federal Law under consideration indicates the existence of a special state register of municipal legal acts. It includes all legal documents drawn up and adopted at local referenda. Moreover, the federal register (register) consists of many registers of a municipal nature. The government of the Russian Federation is engaged in the maintenance of this base.
Municipal charter
Article 44 No. 131-ФЗ describes the main municipal legal act in force in the region. This is a charter. This document should determine a lot of the most various points, among which it is worth highlighting:
- structure and procedure for the formation of a self-government instance;
- the name of the municipality or its individual entity;
- the procedure for the participation of the population in the organization of self-government, the availability of basic guarantees for such participation;
- types and order of publication of municipal legal acts;
- types of responsibility of local authorities;
- the procedure for the formation, execution and approval of the regional budget;
- features of amendments to the charter.
How is the charter adopted? First, a draft municipal act is created. Within a month, it is checked by a number of state commissions for legality and constitutionality. A special role here is played by the regional statutory court, which ultimately adopts the charter.
Amendment of the charter
The municipal charter may be subject to changes and additions. For this, it is necessary to collect at least two-thirds of the votes of the total number of deputies of the local legislative body. All changes to the charter are subject to state registration. A new version of a regional legal act is introduced in the national registry.
The representative body of the municipality may refuse to state registration of the amended charter. There can be many reasons for this, however, it is worth highlighting the most basic ones:
- contradiction of the charter of the Russian Constitution or the Federal Law under consideration;
- the presence in the charter of changes entailing corruption factors.
Thus, the procedure for amending the charter is quite lengthy and complicated.
Civil will
Article 45 No. 131-FZ establishes the possibility of adopting legal acts at a local referendum. We are talking about such an important phenomenon as direct civic expression of will. How is the process of adopting local law organized by interviewing the population?
First, the authorities should organize the referendum itself. This should be a well-built process that complies with the law. If the population responds positively, then in the end a decision will be made on the formation and adoption of the law. The local government should, within two weeks and one day, determine the exact timing of the publication of the law, as well as its approximate content. The term for the formation of the law should not exceed three months.
If the local government violates the terms of the law, then there will be a legal basis for the recall of elected officials. With a high degree of probability, the current instance will be disbanded.
Preparation of a municipal act
Article 46 of the Federal Law under consideration describes the process of preparation for the adoption of a normative act of a municipal nature. Drafts of such acts are submitted for consideration by representatives of the regional legislative body. The procedure for introducing a project, its form and a list of additional documentation - all this is established by a separate regulatory act.
All municipal acts, with the exception of draft budgets, as well as acts establishing local fees and taxes, are subject to regulatory impact assessment. What is such an assessment? The law provides for the identification of provisions that may be contrary to constitutional guidelines or federal laws. Examples include misappropriation of finances, excessive responsibilities, unjustified prohibitions, and much more.
The procedure for publishing municipal legal acts
Article 47 of the Federal Law "On Local Self-Government" describes the procedure for the entry into force of regional acts. The main requirement here is the observance of the rules of the charter, in which the procedure for the execution and entry into force of municipal acts must be fixed. Obviously, the regional charter itself should not contradict federal standards.
Regulatory acts of the region, which enshrines the provisions on fees, finance and taxes, enter into force in strict accordance with the Russian Tax Code. The provisions of the regional charter do not apply here.
The whole process of promulgation of municipal acts should provide the opportunity for unhindered familiarization with them. Absolutely any citizen should be able to look at the draft law being adopted. This concerns both municipal legal acts of rural settlements and urban ones.
Cancellation and suspension of municipal acts
Article 48 of the law in question enshrines the rules relating to the processes of cancellation and suspension of municipal acts. The authority to implement such processes rests only with officials and the local government.
The abolition of the law is a very serious process, and therefore there must be good reasons for its implementation. The most common reason for the elimination of regional law is its inconsistency with constitutional provisions. In this case, a special decision is made by the self-government body - immediately after receiving the order from the Commissioner at the head of state of the Russian Federation. The final stage is a decision by the Charter Regional Court.
And why is suspension of the law necessary? I must say that such a function is rarely implemented by the authorities.It is needed, as a rule, only in the most extreme cases - such as a state of emergency or martial law.