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Territorial public self-government (CBT). Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation"

Local government can be implemented in various ways. The procedure for its implementation is regulated by federal and municipal regulations. The participation of the population in the affairs of the Moscow Region can be carried out in the form of a CBT - territorial public self-government. Consider this institution in more detail. territorial public self-government

general characteristics

The general rules according to which local self-government is implemented are established in the Federal Law No. 131. The participation of the population in the affairs of a municipality can be expressed through a representative institution of power, a referendum, and public hearings. Another way to attract citizens to administration is territorial public self-government. Compared with the rest, this institution seems more independent. It involves the self-organization of citizens at their place of residence in a certain part of the settlement. The association of people is carried out to implement their own initiatives related to solving issues of municipal importance.

Normative base

The system of territorial public self-government is not in the sphere of legal regulation of subjects. This institution is formed exclusively in accordance with federal law. Federal Law No. 131 significantly expanded the area of ​​legal regulation of the organization of territorial public self-government, its activities within the Moscow Region. The normative act also provides that such an association of citizens may act as a legal entity. Moreover, its operation is carried out in accordance with its own regulatory documents, and not according to the charter of the Moscow Region. bodies of territorial public self-government

Specificity

The development of territorial public self-government is carried out within the boundaries determined by the representative institution of the settlement in accordance with the proposals of citizens living in it. Actual issues are decided directly by the population. The law provides for different forms of territorial public self-government. For example, it can be meetings or conferences of citizens. The legislation provides for the participation of citizens within the following areas of residence:

  1. Entrances of apartment buildings.
  2. A village or other settlement not classified as a settlement.
  3. Apartment house.
  4. Residential microdistrict.
  5. Group of houses.

At meetings or conferences, citizens can form the bodies of territorial public self-government.

Creation Features

Territorial public self-government will be considered formed from the moment of registration of its constituent document by the authorized executive structure of the corresponding MO. The rules by which this procedure is carried out are established by the regulatory acts of the representative institute of the municipality. The registration procedure may also be provided for in the MO charter. A formed association of citizens can be a legal entity and must be registered as a non-profit structure.

Quorum

A meeting of citizens to solve the issues of organizing and implementing territorial self-government will be recognized as competent if at least half of all residents of the corresponding settlement are present.Allowed age of participants - from 16 years. The quorum of the conference is at least 2/3 of the delegates selected at meetings and representing at least half of the population of the territory. organizations of territorial public self-government

Credentials

Conferences and meetings carrying out territorial public self-government:

  1. The main directions of work are determined.
  2. TOC bodies are selected, their structure is established.
  3. Approved by the income-budget estimate, a report on its implementation.
  4. The charter of territorial public self-government is adopted.

At conferences and meetings, reports of selected TOC structures are also reviewed and approved.

Activities

TOC bodies:

  1. Represent the interests of citizens who reside within the respective locality.
  2. Ensure the implementation of decisions made at conferences and meetings.
  3. They have the right to maintain the housing stock and conduct other households. activities that are aimed at meeting the social needs of the population. The necessary activities are carried out both at the expense of the citizens themselves, and in accordance with the agreement between the TOS bodies and the administration of the Moscow Region with the involvement of budget funds.
  4. They can submit for discussion draft municipal regulations. They should be considered by the authorities and officials whose competence includes their adoption.  forms of territorial public self-government

Founding document

The TOC Charter establishes:

  1. Tasks, goals, main directions and ways of carrying out activities.
  2. The territory within whose boundaries the CBT is carried out.
  3. The order in which decisions are made.
  4. Rules for the formation and termination of work, rights, obligations, term of office of TPS bodies.
  5. The procedure for the acquisition and disposal of material assets, as well as cash.
  6. Rules by which the implementation of TOC is terminated.

Additional requirements to the constituent document cannot be established.

Comments

Representative bodies MO establishes the organization and implementation of TOC. So, for example, in Moscow there is a special Law No. 26-77. In accordance with it, territorial public self-government is carried out directly by citizens, through the community or the structures formed by it. The normative act also established that Muscovites over 18 years old can take part in TOC. A citizen living in any part of the capital can become an initiator and take part in the establishment of the TOC, attend meetings, polls, conferences, elect delegates and be elected to the administrative structure.

Important point

Local and state authorities cannot forbid the population to exercise public self-government if their activities do not contradict the requirements established by law. Protection of interests and guarantee of the rights of citizens in matters of the implementation of TPS is provided by federal and municipal regulations. system of territorial public self-government

Community

It is a non-profit, non-membership structure. It is formed on a voluntary basis. Territorial public self-government in this form can be initiated by citizens living in a microdistrict, on a street, in a quarter, in a separate house. People unite on the basis of a unity of interests and for the implementation of the tasks formulated constituent document. The boundaries of the territory on which public self-government is carried out are established by citizens, taking into account cultural, socio-economic, historical and other signs of the integrity of the area. The highest governing structure is a conference or gathering (meeting). For the direct fulfillment of the responsibilities assumed by the community, reporting bodies of the CBT are selected. They are the committee (council) and the control and audit commission. In the case of a small number of citizens, a supervisor and elder may be elected.

Competence

The territorial community has the right to decide issues relating to the interests of residents of the respective site. These, in particular, include:

  1. Carrying out charity and mercy actions, rendering assistance in their organization to power structures, citizens and their associations, foundations, participation in the distribution and provision of humanitarian and other assistance.
  2. Protection of the interests and rights of citizens in urban and regional bodies.
  3. Ensuring control of ownership, disposal, lease, privatization, use of municipal property.
  4. Assisting law enforcement in maintaining order.
  5. Monitoring compliance by trade and service enterprises with consumer rights enshrined in law in the manner agreed with the administration of the Moscow Region.
  6. Work with adolescents and children, providing assistance in conducting health-improving, cultural and other events.
  7. Protecting the interests of citizens as consumers of household and communal services in the relevant district services.  development of territorial public self-government
  8. Assistance in solving housing problems, consultations, preparation of applications.
  9. Facilitating the implementation of epidemiological, sanitary, fire and environmental control and safety measures.
  10. Submitting proposals to the administration of the Moscow region on issues related to the interests of residents. These include, for example, the problems of using sites for construction, the construction of recreational and children's playgrounds, squares, places for walking dogs, etc. Suggestions may relate to the formation and liquidation of retail facilities, catering, healthcare, consumer services, etc.
  11. Assisting the administration in solving the problems of overhaul and reconstruction of residential buildings, as well as related relocation, participation in the drafting of contracts for the necessary work.
  12. Assistance to the population in compliance with the rules for the operation of the housing stock, participation in activities aimed at improvement.
  13. Informing citizens about the decisions of the administration on proposals or adopted in agreement with the CBT. charter of territorial public self-government

In addition to those listed above, other issues may also belong to the powers of the communities, including those transferred by the authorities or voluntarily accepted by citizens. The list of main tasks should be fixed in the constituent document. The initiative group makes decisions on holding a conference or gathering, depending on the number of citizens living within the given territory.


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