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Конституционное (государственное) право Российской Федерации. Местное самоуправление в РФ: общие принципы организации и деятельности (самое важное)

Lecture notes, cheat sheets

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90. LOCAL SELF-GOVERNMENT IN THE RUSSIAN FEDERATION: GENERAL PRINCIPLES OF ORGANIZATION AND ACTIVITY

The principles of organization and activities of local governments are enshrined in Art. 130-133 of the Constitution of the Russian Federation of 1993

Local government - independent activity of the population to address directly or through local governments issues of local importance based on the interests of the population, its historical and other local traditions.

Elements local government:

1) the main subject of local self-government is the population who are granted the rights: to elect and be elected to local government bodies; participate in a local referendum; apply personally, as well as send individual and collective appeals to local government bodies; get acquainted with documents and materials of local government bodies that directly affect the rights and freedoms of citizens; determine the structure of local government bodies; express an opinion on changes in the boundaries of local government territories; protect the right to local self-government and the rights that form it in court;

2) the competence and scope of local self-government are limited to issues of local importance, these include issues of direct support for the life of the population of the municipality (housing construction and distribution of housing, municipal health care and education, management of municipal property, protection of public order and others), classified as such by the charter municipal formation in accordance with the Constitution of the Russian Federation, federal laws, laws of the constituent entities of the Federation;

3) the municipality has the right of ownership of municipal property.

  Structure local government bodies:

1) elected bodies formed in accordance with federal laws, laws of constituent entities of the Russian Federation, charters of municipalities (representative bodies of local self-government);

2) other bodies formed in accordance with the charters of municipalities (head of the municipality, executive bodies of local self-government).

Local self-government bodies are independent of federal authorities and authorities of constituent entities of the Russian Federation in resolving issues within their jurisdiction by the Constitution of the Russian Federation. These questions include:

1) management of municipal property;

2) formation, approval and execution of the local budget;

3) establishment of local taxes and fees;

4) protection of public order;

5) other issues of local importance.

Local self-government bodies are not entitled to exercise powers assigned to the exclusive competence of the Russian Federation and its subjects.

The competence of the legislative (representative) and executive bodies, as well as the head of the municipality, is established by the charter of the municipality.

By agreement between local self-government bodies and state authorities of the Russian Federation or constituent entities of the Russian Federation, part of the powers of state authorities may be transferred to local self-government bodies. In this case, they must be given the necessary material and financial resources for the implementation of the relevant federal programs and programs of the constituent entities of the Russian Federation.

Author: Kakovkina Ye.N.

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