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Constitutional law of the Russian Federation. Local governments in the Russian Federation (the most important)

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71. BODIES OF LOCAL SELF-GOVERNMENT IN THE RUSSIAN FEDERATION

In accordance with Art. 12 of the Constitution of the Russian Federation in Russia recognizes and guarantees independent local self-government within its powers, local self-government bodies (LSGs) are not included in the system of state authorities.

Local self-government (LSG) is carried out by the population in urban, rural settlements and other territories (municipalities), taking into account historical and other local traditions, through a local referendum, municipal elections, other forms of direct expression of will (people's law-making initiative, meeting (descent) of citizens, appeals of citizens in LSG, territorial public self-government), through elected and other local self-governments, LSG ensures that the population independently resolves issues of local importance, owns, uses and disposes of municipal property, is guaranteed by the right to judicial protection, to compensate for additional costs incurred as a result of decisions taken by bodies state power, a ban on restricting the rights of LSG (Chapter 8 of the Constitution of the Russian Federation, Federal Law "On the general principles of organizing local self-government").

In 1995, the Federal Law "On the general principles of the organization of local self-government in the Russian Federation" was adopted (as amended in 2000).

A municipality has its own charter, which, in particular, specifies the boundaries and composition of the territory of a given municipality, issues of local importance related to the jurisdiction of the municipality, the structure and procedure for the formation of local self-government bodies on the territory of this municipality, the conditions and procedure for organizing municipal service.

In a municipality, a representative elected local government is mandatory (the name of a representative local government is determined by the charter of the municipality, for example, the municipal council), in particular, approving the charter of the municipality, the local budget, establishing local taxes and fees. In the municipality, the position of the head of the municipality, separated from the representative LSG, and the local administration are also being created.

A representative local self-government body (head of a municipality) that has adopted (issued) a normative legal act recognized by a court as contradicting the Constitution of the Russian Federation, the Federal Law, the Federal Law, the constitution (charter), the law of the subject of the Russian Federation, the charter of the municipality, is obliged to cancel this legal act within the period established by the court decision ( some of its provisions, recognized as illegal), otherwise the representative LSG may be dissolved, or the powers of the head of the municipality may be prematurely terminated by dismissing him from office.

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