Local government is a concept that is constantly being heard. Like any other legal term, it has some features and nuances. Next, we consider the main territorial foundations of local self-government, the bodies on which its implementation is entrusted, as well as the main features characteristic of this concept.
General concept
Before you begin to understand the features of local self-government, as well as its importance in modern legal practice, you need to decide directly on the concept.
Local government is a special type of organization of activities of citizens living in a certain territory of the country. Such activity provides for the possibility of independent decision-making on those issues that are of local importance. Any decision made in this order must fully comply with the interests of the local population, as well as the norms prescribed by law.
If we consider the concept of local self-government in a broader sense, we can determine that it includes two main elements: the right and ability of representatives of the local population to resolve issues in a significant part of public affairs and manage them, operating within the framework of existing legislation. For all the consequences that entail decisions taken by local authorities, they are responsible independently.
The peculiarity of local self-government is that this form of activity of the population can be carried out exclusively within a certain region, which can be either a small area or a large territorial unit.
Zone division
If we consider specifically the territorial foundations of local self-government, we should clearly identify several fundamental factors that accompany the type of activity under consideration. These factors are fixed by the content of Article 131 of the Constitution of the Russian Federation. It says that local self-government can be carried out within the territorial boundaries of urban and rural settlements, as well as in other units. As the contents of this article and the practice show, the legislator assigns a dominant place in the structure of local self-government bodies to rural and urban types of settlements, and the rest, smaller types of settlements, are given a secondary role. In other words, a mandatory requirement for the formation of this type of bodies within the territories has not been established for them.
All the foundations of local self-government, according to the law, can be determined exclusively in strict accordance with local traditions, as well as with those factors that have developed historically.
If it is necessary to change the borders of certain territories within which legal control is in place, there must be a positive opinion on this, received from the entire population of the region.
The territorial units of the state that have and actively exercise the right to self-government granted to them by law are called municipalities.
Regulations
As for the regulation of the territorial foundations of local self-government, this concept, like any other that is present in modern jurisprudence, is regulated by both international and domestic regulatory acts.
If we consider the list of international acts, the content of which governs the concept of local self-government, then the European Charter on Self-Government takes the leading place among them. This document is considered the legal foundation in the definition of the concept under consideration.Based on its content, all similar regulatory acts of a domestic nature have been drawn up. The content of the document contains the basic principles, as well as the legal, economic and territorial foundations of local self-government.
If we consider the documents of this sphere, adopted at the domestic level, then a special place should be given to the Constitution, as well as to the law "On the principles of the organization of local self-government in the Russian Federation." What is remarkable about these documents? The content of these acts establishes the territorial and legal foundations of local self-government, establishes individual rights and obligations of citizens in a specific area, determines the competence of bodies performing local self-government, and also reflects all those concepts that the European Charter, but only in the more traditional for the Russian Federation form. However, these are not all documents regulating such issues.
Legal regulation of the territorial basis of local self-government is also carried out by decisions issued by the Government of the state, the Constitutional Court, as well as Presidential Decrees.
Principles
The institute of territorial foundations of local self-government provides for following certain principles that form the basis of the type of activity under consideration. All of them are enshrined in the content of the above European Charter, the Constitution, as well as other regulatory acts in force in the state.
All of the principles listed below represent certain ideas on which the activities of the population in the field of self-government are based, as well as the organization of bodies that execute it locally.
One of the most important principles of local self-government is the possibility of free and independent decision-making regarding issues of local importance. This is manifested in the possibility of holding referenda, elections, as well as the participation of the population in such events. Moreover, this is expressed in the fact that local self-government bodies have economic independence - their activities are funded from the local budget, and not from the state budget.
An important principle is also the isolation of self-government. Its observance is expressed, first of all, in the absence of mutual subordination between entities operating in different municipalities, as well as in the fact that local self-government is not included in the general system of state power. As a result, people working in such entities do not have the status of civil servants.
A number of principles of local self-government also include the guarantee of judicial protection of local self-government, as well as the responsibility of both bodies and individuals holding certain positions in them, before the law for their decisions and the consequences that they entailed.
Any activity of the considered group of bodies should be carried out only subject to strict observance of the current legislation, as well as for reasons of humanity, respect for the person and respect for all his freedoms and rights, as well as interests.
Any actions of the bodies in question should be public. This means that anyone should be able to freely familiarize themselves with all normative acts adopted by the body, as well as apply for any legal information of interest or relevant to the body's activities.
All types of activities of local self-government bodies should be based not only on the provisions of laws, but also on local customs specific to a particular region.
Value
Having decided on the concept of the territorial foundations of local self-government in the Russian Federation, it is necessary to understand the importance of the functioning of the bodies in question in the life of the population of specific municipal type entities.
Their importance should be considered in several aspects: economic, political and social.
The significance of the territorial foundations of local self-government in the economic sphere of the life of the population is manifested in the fact that the activities of bodies responsible for resolving issues of local importance are aimed at improving the material condition of the region, as well as at significantly enhancing the business activities of each representative of the population of education. With a well-built system and its well-coordinated work, the economic efficiency of its functioning is observed in the region, as well as a significant increase in the contribution to the overall economy of the entire state.
If we consider the importance of the territorial foundations of local self-government on the social side, then we can note that the activities of the group of bodies in question are aimed strictly at improving the living standards of each representative of a particular education. These bodies should provide the basic needs of residents of the region, and at a level that will not be lower than established by the state.
From a political point of view, the meaning of this concept is manifested in the development of democracy (democracy) in the country, which is ensured by the free access of each competent representative of the population of a particular municipality to the political life of the region through participation in referenda and elections.
Functions
Speaking about the functions of local self-government, it should be noted first of all that the bodies entrusted with resolving issues of local importance are obliged by all available and legal methods to ensure the active participation of representatives of the population in their solution. Such activity can be expressed by introducing draft new documents and laws of local importance, as well as participating in local elections and referenda. Self-government bodies formed on the ground can issue acts of local significance, but their content in no way should be contrary to the legislation in force throughout the Russian Federation. Otherwise, the adopted act may be appealed in a judicial proceeding and declared invalid, and all actions committed on its basis are canceled.
Another important function of local self-government is to organize the management of property that was transferred to the organizations in question on a municipal basis, as well as the material and financial assets that make up the budget. This function is expressed in the issue of loans of a municipal nature, the formation of funds outside the main budget, the disposal of property and funds transferred on municipal grounds, etc.
Any formed territorial entity should develop in all directions. A similar task is also assigned to the bodies in question. The implementation of this function provides not only the organization of comprehensive services to the population living in a particular region, but also the development of infrastructure. This should also include the provision of needs that arise among representatives of the population and are vital, as well as justified.
The organization of the protection of legal order within the territorial boundaries of a particular entity also belongs to a number of basic functions that should be carried out by local self-government bodies. The legislator provides for the possibility of organizing separate structures for the protection of law and order in entities at the expense of their personal funds and funds.
And, finally, another important function that should be fully implemented by local authorities is the protection of the interests and rights of each representative of the population of a particular municipality.
The structure of local government
A regulated pooling arrangement is very important. It is spelled out in the content of the law "On the principles of the organization of local self-government in the Russian Federation." It says that this system is headed by a representative body and the direct head of the entire education. As for the latter, it is elected by the population of a particular region and personifies the municipal power of a representative nature. Moreover, it is entrusted with responsibilities related to strategic leadership in education and the implementation of executive power in it.
Also, the structure of local governments is the main administrative and executive body - the administration, which is responsible for direct supervision of all issues regarding a specific region. Among the executive bodies include various administrations, meetings, committees to address certain issues.
The legality of the activities of the listed components of the structure is monitored by a control body created within each entity.
In accordance with the charter of the municipality, other additional bodies and organizations can also be created on its territory, which can also deal with issues of a local nature. Financing of their activities, as well as of all the bodies listed above, is carried out strictly from the local budget.
The legal status of local governments provides for a certain set of responsibilities and rights. In accordance with this status, such bodies have the opportunity to independently solve certain issues, engage in the formation of the local budget, establish fees and taxes of local importance, and also perform other functions prescribed by law.
All of the above bodies have a certain legal personality, including administrative. However, if we talk about a more detailed regulation of their activities, it should be noted that this is simply impossible, since it is incompatible with the true goals and nature of local self-government.
Municipal formations of the first type
It should be noted that the territorial foundations of local self-government in the Russian Federation provide for the division of municipalities into three types. Let us further consider a more detailed description of each of them.
Formations of the first type include rural settlements and cities. As for the first, then several settlements can be included in their number, among which the presence of villages, hamlets, villages, villages and auls is permissible. If we talk about a city settlement, then it can be represented by both a city and a small village. The boundaries of municipalities, in accordance with the norms of existing laws, may include only settlements that are not among the municipalities.
In the municipalities of the first type, local autonomy is carried out directly by the population or local authorities in the localities, which are chosen by people living in a certain territory.
Municipal areas
Speaking about the peculiarities of the organization of local self-government, it is necessary to highlight the formation of the second type. These include municipal districts, which are an association of several separate territories. Both rural settlements and cities, as well as territories of the inter-settlement type, can be included in the district.
The areas under consideration are entrusted with resolving issues relating to the designated territory.The peculiarity lies in the fact that special attention is paid to those issues, the solution of which is more efficiently carried out on an area larger in size than the territory of a single settlement or city. In the municipalities of the second level, special charters are adopted, the content of which secures the individual powers of their constituent settlements.
Municipal districts have their own representative body, which regulates the activities of the entire education. Such a district has its own administrative center, in which quality one locality is selected, which has some local values and an established social infrastructure.
City counties
The third type of municipalities are constituencies. Current practice of implementing legislation on self-government shows that such municipalities are created, as a rule, on the basis of cities of special significance (regional, republican or regional).
As for the local self-government bodies, in the districts they are primarily engaged in the exercise of powers in the local community of settlements or districts of municipalities. Moreover, they are entrusted with the duty of separate state powers, the list of which is entrusted to individual regional and federal subjects of the Russian Federation.
The third type of municipalities is perceived, rather, as an exceptional element of the overall structure. By its nature, it unites the competencies that are available in formations of the first and second type. It should be noted that this type of education does not subordinate municipal areas and settlements, because, in accordance with the concepts established by law, they are all independent, which follows from individual powers.