|
Arabic
Bengali
Chinese
English
French
German
Hebrew
Hindi
Italian
Japanese
Korean
Malay
Polish
Portuguese
Spanish
Turkish
Ukrainian
Vietnamese|
Lecture notes, cheat sheets
Municipal law. Cheat sheet: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
1. The concept of municipal law Local self-government as an expression of the power of the people is one of the foundations of the constitutional system of the Russian Federation. The scope of municipal legal regulation includes managerial public relations in the process of their practical, everyday implementation at the level of the municipality (hereinafter - MO). Municipality - this is an urban settlement, a rural one, several settlements united by a common territory, part of a settlement, another populated territory within which local self-government (LSG) is carried out, there are municipal property, a local budget and elected bodies of LSG. On behalf of the Moscow Region as a special administrative-territorial unit in accordance with Art. 125 of the Civil Code of the Russian Federation, local self-government bodies act as they, by their actions, can acquire and exercise rights and obligations within their competence established by acts defining the status of these bodies. Municipal Law - complex branch of law, regulates managerial relations in terms of jurisdiction and within the scope of authority of LSG bodies and, as a complex branch of law, is closely interconnected with other branches of law. Public relations regulated by municipal regulations arise in the implementation of issues of local importance in settlements, municipal districts, urban districts and intra-city municipalities in Moscow and St. Petersburg. Relationship circle, regulated by law within the discipline "Municipal Law", wider than the concept of "municipal government law", which reflects the content of the regulation of managerial relations implemented by local self-government bodies only in relation to subjects of law that are not included in the local self-government system located on the territory of the municipality. Object municipal law is identical in content to its subject matter, i.e. these are the same managerial relations; the behavior of subjects of municipal law in the process of implementing managerial relations in the field of LSG. By the participants (subjects) of municipal legal relations are, on the one hand (public law), the LSG body and the authorized official of the Ministry of Defense, on the other hand, individuals and legal entities residing or operating on the basis of local rules of law and legislation in general. The norms of the municipal branch interact with the norms of other branches of law: for example, the norms of municipal law can be found in the Federal Law and the Constitution of the Russian Federation, which are different in content and orientation. Municipal law as a complex branch of law in its totality of legal norms regulating its specific relations in the activities of LSG does not have, but uses the legal norms of other branches of law. Of particular importance for municipal law is administrative law. The norms of the latter not only regulate the legal status of LSG bodies and their officials, but also regulate managerial relations carried out in the MO and perform law enforcement functions. Methods of influence municipal law are: general methods of persuasion and coercion, economic and socio-psychological methods, methods of coordination and administrative contracts, etc. 2. Sources, MP industry Under MP sources various forms of their legislative and other legal expression are understood. These legislative and other legal acts regulate, regulate and protect managerial public relations in the process of managerial activities of LSG bodies and their officials. MP sources: - The Constitution of the Russian Federation, the FKZ, the Federal Law and the constitutions of the republics within Russia, the charters and laws of the constituent entities of the Russian Federation; - resolutions of the chambers of the Federal Assembly, resolutions of the representative authorities of the constituent entities of the Russian Federation, resolutions and orders of the Government of the Russian Federation, similar acts at the level of the constituent entities of the Russian Federation; - acts of federal executive authorities (hereinafter - federal executive authorities) and similar bodies of the constituent entities of the Russian Federation; - charter of the municipality; - decisions of representative and executive bodies of LSG and their authorized officials. Acts of the highest and central bodies of the USSR are sources of MP, if acts of the Russian Federation have not been adopted to regulate these relations and if they do not contradict the legislation of the Russian Federation. For example, the Decree of the Presidium of the USSR Supreme Council of April 12, 1968 "On the Procedure for Considering Proposals, Applications and Complaints from Citizens." Sources of MP are practically not systematized and not codified, which creates problems for their timely and high-quality application within the framework of the legality and effectiveness of regulating relations in the field of management activities of LSG bodies. MP industry - this is a set of constitutional norms, FKZ, FZ, laws of the constituent entities of the Russian Federation, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation on the formation and development of LSG. The basic laws on local self-government are the Federal Law "On the general principles of organizing local self-government in the Russian Federation" (2003), the Federal Law "On ensuring the constitutional rights of citizens to elect and be elected to local self-government bodies" (1996), the Federal Law "On the financial foundations of local self-government in the Russian Federation" (1997), Federal Law "On the fundamentals of municipal service in the Russian Federation" (1998), Decree of the President of the Russian Federation "On approval of the main provisions of the state policy in the field of development of local self-government in the Russian Federation" (1999), etc. It can be argued that the legislative the basis of normative legal acts regulating relations in the field of activity of LSG bodies has been formed. MP as a discipline is a set of interrelated, interdependent topics that form an integral unity of the course in the process of learning science and the field of MT. Course objective consists in the assimilation by students of the basic legal concepts, categories, provisions and legal institutions at the present stage of development of legislation regulating managerial relations in the activities of LSG bodies. 3. The concept and system of LSG In the Constitution of the Russian Federation of 1993, Art. 12, ch. 1 local self-government was for the first time defined as the basis of the constitutional order of Russia. This requirement is taken into account by the European Charter of Local Self-Government. LSG is recognized, guaranteed and implemented throughout the territory of the Russian Federation. Legal guarantees for the implementation of LSG are of particular importance. Legislation provides for legal liability for limiting the rights of local self-government. Local self-government (LSG) - a form of exercise by the people of their power, which ensures, within the limits established by the Constitution of the Russian Federation, the Federal Law, and in cases established by the Federal Law, by the laws of the constituent entities of the Russian Federation, the independent decision by the population directly and (or) through local self-government bodies of issues of local importance, based on the interests of the population, taking into account historical and other local traditions. The main principle in LSG is to make independent decisions under one's own responsibility. Independence and responsibility are in the same relationship as freedom and discipline. The Russian philosopher I. A. Ilyin said: "Discipline without freedom is dead and humiliating, and freedom without discipline is temptation and destruction." In local self-government, this problem is one of the most urgent. In Art. 12 of the Constitution of the Russian Federation states that LSG bodies are not included in the system of state authorities, but they are included in the system of public authorities. For the first time, the concept of public authority was formulated by the decision of the Constitutional Court of Russia dated 15.01.98 No. 3-P. The complexity, complexity and volume of the norms of administrative legislation, which is most used in the organization and functioning of local self-government, negatively affects the effectiveness of the activities of local self-government bodies (due to the lack of legislative consolidation of administrative procedures), which creates prerequisites for corruption and various official offenses, since control by citizens is practically not established, and state methods of control can be carried out in accordance with Art. 132 of the Constitution of the Russian Federation only if material and financial state funds are transferred to them by law. municipal law system includes the basic concepts, categories and principles of the science of municipal law; theoretical and methodological foundations of municipal law; the basics of legal regulation of local self-government of their legal relationship with public authorities; legal regulation of the financial and economic basis of LSG; organizational and legal foundations of LSG; features of the implementation of LSG activities in cities and rural settlements. LSU system includes the main elements of the organization of management for the implementation of functions, tasks and goals of local importance. This system includes subjects and objects of management, direct links (in the form of decisions and orders of local self-government bodies and their authorized officials), feedback (in the form of reports, reports, control and verification of execution, surveys, questionnaires, etc.) and factors the impact of the external environment (i.e. the environmental conditions of the functioning of the LSG body). 4. Essence and problems of LSG organization The essence of the concept of LSG is determined by his appointment in society, which is manifested in the nature and scope of his legal and organizational activities, i.e. in the implementation of various functions and tasks to ensure the life of the local community in the subjects of their jurisdiction and in the scope of competence. It is necessary to identify and comprehend the most urgent problem in the field of LSG. This problem is the discrepancy between the desired and the actual in the organization and activities of LSG. Topicality determined by two factors: 1) high priority; 2) the presence of a good legal framework, personnel, financial, logistical, economic, informational, temporary and other administrative resources. After identifying the actual problem, the process of understanding and forming the goal of its resolution to a certain extent and for a specific time takes place. After the formation of the goal and its legal consolidation, the functions (types of activity) are determined, the development of the organizational and staffing structure, the selection of qualified personnel, the empowerment of them with the authority to solve the tasks set to achieve the goals and partially resolve the actual problem are carried out. In practice, there is no complete resolution of problems, since conditions, factors of influence and timely, reliable information about the object and subjects of management and the external environment change. The subject of management of the local self-government body when formulating a goal, he must always take into account the resources at his disposal (financial, human, logistical, temporary). Task - this is a list of measures, activities, actions and operations that must be carried out by the performers in the implementation of their functional duties to achieve a specific result that brings them closer to the formulated goal. 5. Functions and structure of LSG MSU function - this is a special type of organizational activity of the LSG body and its authorized officials in the subjects of their jurisdiction and within their competence, ensuring the livelihoods of the population of the MO. There are various classifications of management functions. For example, by areas of activity (internal and external), by management entities, by competence (general, sectoral and intersectoral), by content (general or main functions, special), etc. Management functions in socio-economic systems (LSG bodies also belong to such systems) are objective in nature and are implemented through the adoption of management acts (decisions) by certain authorized bodies and officials in the form of tasks that are always subjective, i.e. the result of their decision depends on the level of education, work experience and personal qualities of the subject of management. The main functions of organizing the activities of LSG: 1) forecasting changes in the development of any events or processes based on the information received about the past and present, taking into account all conditions and factors of influence; 2) planning - determining directions, formulating goals, setting goals, determining a list of measures to solve problems, choosing specific quantitative and qualitative indicators in the organization of activities; 3) development, justification and adoption of decisions and organization of their execution; 4) management and coordination of actions of executive authorities, state administration, their officials in order to improve their interaction; 5) legal regulation of executive and administrative activities; 6) control in order to identify and eliminate deviations in the execution of state decisions, compliance with rules and regulations and taking action against violators; 7) accounting for human, material and financial resources; 8) information support and information and analytical work; 9) personnel, logistics, financing, etc. The listed functions are the main ones for LSG bodies and, in essence, characterize the content of their activities. The regulation of relations related to the implementation of these functions of LSG is the object of regulation of the norms of administrative law. When implementing functions of the LSG body, elected and other officials formulate goals, set tasks for their subordinates and ensure their solution. The powers of LSG bodies and officials are enshrined in the legislation on local self-government and the specific charter of the MO, as well as other legal acts of LSG. Structure of LSG bodies and their powers are determined in accordance with the legislation by the population independently and by the representative body of local self-government are fixed in the charter of the MO. For example, one of the first in Moscow was the adoption of the charter of the intracity municipality of Golyanovo by the decision of the municipal assembly dated 02.12.03 No. 14-1, where in Art. 13 of the charter fixes the following structure of LSG bodies: 1) the representative body of LSG - the municipal assembly of the MO; 2) executive and administrative body - the municipality of the Moscow Region; 3) the highest official of the MO - the head of the MO; 4) the head of the municipality. 6. Territorial public self-government Territorial public self-government - self-organization of citizens at their place of residence on a part of the territory of the municipality (territories of settlements that are not municipalities, microdistricts, quarters, streets, yards and other territories) for independent and under their own responsibility to implement their own initiatives in matters of local importance directly by the population or through created by them bodies of territorial public self-government. In accordance with the charter of the Moscow Region, these bodies may be legal entities. Territory boundaries of a residential area on which territorial public self-government is carried out, are established by the relevant representative bodies of local self-government on the basis of proposals from residents of this territory, based on historical, cultural, socio-economic and other signs of the integrity of a particular territory, taking into account the boundaries of the housing and communal services. Order of organization and implementation territorial public self-government is determined by the charter of the Moscow Region in accordance with the laws of the subject of the Russian Federation and the regulatory legal acts of the LSG bodies. Territorial public self-government is carried out on the following principles: 1) wide participation of citizens and their associations in the development, adoption and implementation of decisions on the development of a given territory; 2) independence, which provides for the creation of bodies of territorial public self-government, as well as the determination and provision of the financial and economic basis for their activities; 3) election of bodies of territorial public self-government, their control and accountability to the population; 4) open and public nature of their activities; 5) legality; 6) combinations of local interests, the interests of a given territory with the interests of the municipality, region and state. Implementation of the principles of independence и self-sufficiency at different times and in different conditions, it was carried out in its own way, from the most decentralized device (practically independent conduct of business under its own responsibility to the population) and to issues regulated by the Federal Law, in terms of the close relationship and interdependence of the Ministry of Defense with state authorities with the provision of legal, financial and material and technical assistance and, accordingly, the implementation of the functions of state control. Now state support for LSG is one of the main conditions for ensuring the independence of LSG in the Russian Federation. In our country, traditionally, starting from the XNUMXth century, LSG was formed mainly with the support of the state. This concerns, first of all, legal regulation, financing of their activities through the provision of subventions and subsidies. In general, state support for LSG is carried out by creating the necessary conditions for the formation and development of LSG and assisting the population in exercising the constitutional right to the LSG of the Russian Federation and its subjects provide LSG bodies with significant legal, organizational and material and financial assistance. 7. The theory of the "free community" The theory of the "free community" was based on principles of the Russian community. 1. The principle of the family, but without a specific "father" at the head of the community. The supreme authority of such a "father" was exercised by the general assembly as the main body for managing all the affairs of the community. The activities of the community were regulated by codes, charter, etc. 2. No member of the community could be excluded from it under any circumstances. However, he could leave voluntarily, but without a share. This ensured justice for each member of the community, but the public interest was always higher than the personal one. This was carried out primarily by an economic measure - the indivisibility of the common share of property. 3. The decision in the community was made only unanimously, everyone had to be heard and make sure that the decision was made correctly. 4. Freedom of speech was understood as the flip side of the duty of others to listen to the speaker. 5. Members of the community, first of all, took care of common interests, and not personal ones, since the Russian community kept on public interests for centuries. 6. Justice in the distribution of the means of their existence - land. The land was distributed among males, but sowing and harvesting were common. The land was owned by the one who cultivated it. Climatic and geographical conditions did not allow in Russia to cultivate the land alone and harvest. Therefore, in peasant Russia, the principle of mutual assistance and consent was more acceptable than competition in providing the foundations for the life of society. 7. Collective responsibility for external obligations (payment of taxes, supply of recruits to the army, etc.), mutual assistance, self-sacrifice were inherent in the members of the community. Each community took under the full social protection of the elderly and the upbringing of children without parents. Orphans were of particular interest, as the community brought them up in the spirit of the priority of community interests. 8. The custom of throwing lots, if it concerned additional obligations of a member of the community, was the main one. Volunteers were also encouraged. The final decision was for the world (community), which prioritized the public interest. 9. Estates, houses, prayer houses and other objects were built by the whole world, sowing and harvesting were also carried out together. 10. Justice has always been above expediency. Legitimacy was based on morality, customs and traditions. 11. Only what was made by one's own hands was considered personal property. 12. Mutual assistance (not charity). The community was obliged to support the weak. So-called "help" expressed in three forms: 1) if invited, then it was necessary to go, not counting on a reward, better on your own, without waiting for a request (for example, in case of trouble); 2) a person called for help if he himself could not do the job. In this case, he was obliged to pay, more often - to arrange a dinner with a drink; 3) talking about help (as a form of employment, for example, harvesting). Payment terms were agreed in advance. 8. LSG system in Germany LSG system in Germany - communal management. The communal model of Germany is distinguished primarily by the fact that a district (or a city on a district scale) is taken as the basis of LSG, which eliminates the problem of the formation of LSG in large cities, including cities of federal significance. The district at the same time acts not only as an independent communal unit, but also as a center that unites separate territorial self-governing communities, a representative of their interests outside. At the same time, the district is also a grassroots link of the state authorities. organizational feature - a steady trend towards the unification of individual MOs within the framework of a single state. At the same time, in Germany, the formation of large industrial centers and the formation of urban megacities continues as a result of their absorption of nearby settlements and the recruitment of residents from surrounding villages and small towns to work in cities. At the same time, an effectively developed economy of the municipal infrastructure of the city or district union is being created. The system of municipal bodies of Germany consists of municipal councils (district, city and community), including a representative (elected) body of LSG and local administration. The minimum number of a municipality that can be entitled to elect a representative body of self-government is 200 people. Feature of communal management Germany is also the presence of four types of municipal administration. 1. "South German Council" (Baden-Württemberg Bavaria) - the burgomaster is the head of the administration and at the same time the chairman of the community council, elected directly by the population. 2. "The wrong magistrate" (Schleswig-Holstein, Hesse, Bremen) - there are two collegiate bodies: representative in the person of the assembly of deputies of the community and executive and administrative in the person of the magistrate - with their clearly separated organizational and functional activities. 3. "Burgomaster" (Rhineland-Palatinate, Saarland) - the head of the executive and administrative body, the burgomaster, is elected by the council and simultaneously chairs its meetings. 4. "North German Council" (North Rhine-Westphalia) - the head of the local administration, elected by the population of the community - the director, who performs his functions under the control of the council and management committee. The European Charter of Local Self-Government, proclaiming the principle of broad autonomy as the basis for the self-sufficient existence of LSG bodies, considers it in the following main aggregated aspects: a) the level and scope of its competence; b) the legal procedure for the exercise of powers; c) personal responsibility for the results of the implementation of the functions and tasks of local government and the means used for this. The European Charter of Local Self-Government as a whole proceeds from the fact that self-government should meet the local needs and corporate interests of the population of the municipality, and local self-government bodies should have the right to freely choose decisions, methods, means of their implementation within the scope of their powers and under their personal responsibility. 9. The concept and types of constitutional and legal principles of the activities of LSG bodies LSG bodies in their activities to perform the functions assigned to them and solve problems are guided by a number of principles. A principle is usually understood as a fundamental idea, position and approach based on objective patterns in the development of processes and phenomena in nature and society. LSG bodies exercising their powers, in their activities are based on two groups of principles: legal and organizational. К legal principles should be attributed: independence, democracy, social justice, democracy, the rule of law, delimitation according to the subjects of jurisdiction, legality, priority of human and civil rights, legitimacy, publicity. principle of democracy, enshrined in Art. 3, 12, 130-133 of the Constitution of the Russian Federation, means that the people are the bearer of sovereignty and the only source of power, they exercise their power directly and through state authorities and local governments. Control over the activities of LSG bodies should be carried out both by representative, executive and judicial authorities, and directly by the population of the Moscow Region. At the same time, various forms of control over the work of representative, executive bodies and their officials are used. The principle of social justice It is enshrined in the social policy of the state, which is aimed at creating conditions that ensure a decent life and free development of a person. However, this most urgent function of the state remains the most intractable in the foreseeable future. The principle of democracy carried out in two main forms: direct - in referendums, free elections, meetings, conferences, gatherings of citizens, filing petitions (collective appeals of citizens to improve legislation), etc.; representative - through elected bodies of state power and local self-government bodies. Principle of the rule of law (Art. 4, 15 of the Constitution of the Russian Federation) means a hierarchical legal system in accordance with the legal significance of normative legal acts. The Constitution of the Russian Federation, the Constitution of the Russian Federation, has the highest legal force. Regulatory legal acts must be adopted on the basis of and in pursuance of the law. The charters of municipalities and other legal acts of LSG should not contradict the current legislation of the Russian Federation. The principle of delimitation of subjects of jurisdiction, functional independence LSG bodies are enshrined in Art. 12, 130-133 of the Constitution of the Russian Federation, Federal Law "On the general principles of local self-government in the Russian Federation". The principle of priority of human and civil rights the most relevant in the law. For the rule of law, it should be characteristic that the rights of the individual are the highest value, and all state bodies, and primarily executive authorities and local self-government bodies, are responsible for non-observance of these rights. The rights of a person and a citizen must be realistically and reliably protected from any arbitrariness of state authorities, local self-government bodies and their officials. 10. The principle of legality, legitimacy and publicity in the activities of LSG The principle of legality (Article 15 of the Constitution of the Russian Federation), in contrast to the rule of law, means that public authorities, including executive, local self-government, officials, citizens and their associations are equal before the law and are obliged to comply with it. The principle of legitimacy is closely related to the principle of democracy, i.e. providing trust and support by the people to state authorities and local self-government bodies in accordance with Art. 32, 33, 130, 131 of the Constitution of the Russian Federation. Without the implementation of this principle, any bodies of state power and local self-government will function inefficiently, solving mainly the problems of a narrow circle of people. A clear example of the unsatisfactory legitimacy (trust) of voters in the institution of advisers in Moscow is the elections of December 19, 1999, when about 45% of the ballots for the election of advisers turned out to be invalid, since there were no marks on them for a specific candidate (candidates) , not against everyone. The principle of publicity implies not only the openness of information, and above all legislation, but also the availability and accountability of LSG bodies and officials on issues affecting the rights, freedoms and legitimate interests of citizens. Any legal acts of LSG bodies, authorized officials, affecting the rights, freedoms and duties of a person and a citizen, cannot be applied if they are not officially published for public viewing. Publicity - an important principle of activity of LSG bodies. It is of particular importance for the realization of the rights, freedoms and legitimate interests of citizens, including the right to LSG. LSG bodies are obliged to pay great attention to the implementation of this principle, which manifests itself as the right to information through freedom of the press and speech, freedom of assembly, access to materials and documents, absence of censorship in the activities of the media, reports of local government officials to the population, etc. The nature of the local community as a corporate territorial entity implies a certain level of trust, interpersonal communication, and information exchange. The lack of awareness of the population about the activities of local governments creates a lot of questions and situations that impede the functioning of the norms of municipal law, distorts the democratic nature of relations in the MO. The implementation of the principle of publicity in the organization and activities of local self-government may have limited nature. Restrictions or denial of access to information may be related to: - state secret; - economic (commercial) interests of local self-government, individual individuals and legal entities; - litigation or preliminary investigation, unless permission is given by the competent authorities for familiarization and receipt of these documents; - secret private life, personal affairs of a person, history of his illness, etc.; - other secret protected by law. 11. Organizational principles of LSG activity Organizational principles: planning, objectivity, differentiation and fixation of functions, scientific character, rationality, responsibility, combination of unity of command with collegiality, double subordination, etc. The principle of planning in the activities of LSG bodies in the transition to a market economy is expressed in the development of various programs for the development of the economy, forecasting the results of regional development programs, calculations for the most efficient use of labor, material and financial resources, determining priority goals and objectives in the activities of LSG bodies. Principle of differentiation (separations) and fixing the functions and powers representative and executive bodies of LSG, each of the officials, is extremely important for the correct selection and placement of municipal employees in accordance with their professional training and work experience, as well as the development of organizational management structures in accordance with objective functions. Scientific principle in social management is expressed in the application of scientific methods and means of collecting, processing, summarizing and analyzing information about the state of the management object, its processing using quantitative computer-based methods, as well as in identifying urgent problems, forming priority goals, setting goals, determining effective methods and means of their solution. This is facilitated by the rational legal consolidation of the functional duties of employees. improving the structure of services and divisions of LSG and the scientific organization of their work. Principle of rationality lies in the fact that the goals and objectives of management should be achieved at the lowest financial, resource (forces and means) and time costs. Management must be optimal. Efficiency criteria can be time to solve problems, costs, payback periods, minimum negative costs, etc. Management rationality is based on the development of evidence-based solutions, their comparison and selection of the best one. In close connection with the principle of rationality is responsibility principle executive authorities for the results of work in general. This is ensured by the regulatory and legal consolidation of powers, tasks, functions, structure, forms and methods of work. For improper performance of official duties, subjects may be subject to disciplinary liability, and officials are subject to administrative liability for offenses related to non-compliance with established rules in the field of protection of management order, public order, nature, public health and other rules, the implementation of which is part of their official duties. responsibilities. The principle of combining unity of command with collegiality lies in the fact that in LSG bodies the main issues of local politics are decided by collegiate bodies - representative bodies in the form of decision-making, and issues of current operational management - through unity of command, for example, the adoption of an order by the head of the administration of the Moscow Region. 12. Forms and methods of interaction between public authorities and LSG bodies. Limitations on LSG Independence Interaction - this is a coordinated activity of organizationally non-subordinate bodies and divisions to solve their problems and achieve goals. Forms of interaction public authorities and LSG bodies are: - adoption by public authorities of laws and other normative legal acts on LSG issues; - empowering LSG bodies with additional powers to address issues of local importance; - mutual delegation of powers by public authorities and LSG bodies; - conclusion of agreements and contracts between state bodies and LSG bodies; - Creation of coordinating, consultative, advisory and other working bodies, both temporary and permanent. Disputes and conflicts between state authorities and LSG bodies, officials of state authorities and officials of LSG bodies are resolved through conciliation procedures, parity commissions or in court. State authorities of the Russian Federation provide support to the formation and development of LSG. The autonomy of local self-government has the following restrictions. 1. Local self-government should "fit" into the general system of public order, state administration and public self-government in the Russian Federation and its subjects. 2. Limiter of an objective nature - the limitation of his powers to issues of local importance, local territory. Local self-government has a special nature, which distinguishes it from public administration, acting in the interests of the whole society, all territories, and from the actions of specific individuals and legal entities. The local community has the status of a local (local) public corporation (communal corporation). This is the peculiarity of municipal law in comparison with constitutional and civil law. This has its pluses and minuses, but the right to choose is for the population of the Moscow Region. 3. Local self-government operates within the framework of such objective constraints as the lack of financial resources, the corporate nature of the interests of part or all of the local community, as well as subjective factors, such as the level of development of local law-making and legal awareness, legal culture and activity of the population of the MO. One of the most important factors that limit the independence of local self-government is control by the state, enshrined in legislation, legal regulation and the establishment of responsibility of local self-government bodies and officials of local self-government for violation of laws, the exercise of prosecutorial supervision, registration of charters of municipalities. 13. Constitutional foundations of direct democracy in LSG. Forms of direct democracy LSG Fundamentals of Democracy municipal law are enshrined in the Constitution of the Russian Federation. Democracy is understood and enshrined in law as the power of the people. In Art. 3 of the Constitution of the Russian Federation it is written: "1. The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people. 2. The people exercise their power directly, as well as through government bodies and local governments. 3. The highest direct expression of the power of the people is a referendum and free elections. 4. No one can appropriate power in the Russian Federation. The seizure of power or the appropriation of power is punishable under federal law." State power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. Legislative, executive and judicial authorities are independent. The basis for the exercise by citizens of the Russian Federation of the right to local self-government is meetings (gatherings) of citizens. Citizens of the Russian Federation who have reached the age of 18 have the right to participate in meetings (gatherings) according to the legislation. However, when analyzing the statutes of the Moscow Region, it was found that they often contain a different age limit - residents who have reached the age of 16 can participate in a meeting (gathering). The meeting is considered eligible if the majority of residents of apartments, houses, entrances, streets or the majority of the citizens of the village take part in it. The decision is also made by a majority vote of those present. Meetings (gatherings) of citizens in sections of the city territory are convened as necessary. The initiative to hold a meeting may come directly from the population, deputies elected on the territory of the city (district), the head of city self-government, heads of district administrations, bodies of territorial public self-government. A meeting (gathering) to resolve the issue of creating a body of territorial public self-government, holding elections to this body, as well as to hear an extraordinary report from a deputy of a city (district) representative body of local self-government may also be convened by an initiative group of citizens from among the permanent residents of this territory, consisting of , as a rule, not less than 10% of the number of people living in this section of the urban area. Issues on the agenda of a meeting (gathering) are determined by the initiator(s) of the convocation and approved at the meeting by a majority vote of the citizens present. A chairman and a secretary are elected to lead the meeting. Decision-making on holding a city-wide conference of voters, on representation at the conference and issues submitted for consideration is carried out by the city council. 14. Powers of the general meeting (gathering) of citizens The general meeting (gathering) of citizens at the place of residence the following powers: - discusses issues of urban life that are of significant importance for the population of these territories, draft decisions of city (local) self-government bodies submitted for their consideration, expresses their opinions on them and makes proposals to the City Council, the city administration and its officials; - considers messages, reports and reports on the work of deputies of the City Council, senior officials of the city administration and its territorial divisions; - makes decisions on the voluntary acceptance by residents of public duties to participate in the improvement, protection of public order, preservation of the housing stock, protection of nature, historical and cultural monuments, and assistance to those in need; - makes decisions on the creation and election of bodies of territorial public self-government, on the approval of the regulations (charters) of these bodies, the approval of the program of their activities, the use of property and funds at the disposal of bodies of public self-government, hears and approves the reports of these bodies; - resolves issues of voluntary contributions and donations of citizens for public needs; - considers other issues of the life of the respective territories. Solutions for questionsrelated to the organization and activities of bodies of territorial public self-government, reports of deputies of the City Council and officials of the city administration and its bodies, the disposal of property and funds, are accepted meetings (gatherings, conferences) with the participation of at least half of the permanent residents of this territory, who have the right to vote, and when holding citywide conferences - at least half of the representatives delegated to them - by a majority vote of those present. Decisions adopted by meetings (gatherings, conferences) within their competence on the organization and activities of bodies of territorial public self-government have for the latter binding force. 15. Other forms of participation of the population in the implementation of urban self-government To other forms of public participation in the implementation of city self-government include: 1) people's law-making initiative; 2) rallies, demonstrations; 3) population surveys; 4) appeals and petitions of citizens; 5) participation of residents in the work of city self-government bodies and obtaining information about the work of these bodies; 6) participation and exercise of judicial power; 7) other forms not prohibited by the current legislation. To the forms of direct democracy according to Art. 3 of the Constitution of the Russian Federation include referendums, including local referenda. For example, residents of Moscow who have the right to vote exercise civic initiative by submitting petitions to the City Duma with proposals for the adoption of legislative acts of the city, the abolition or amendment of previously adopted legal acts of the city, including the holding of a city council. referendum, signed by at least 10 thousand citizens. An initiative group of at least 50 people registers a civil initiative to include a petition on the agenda of the Duma meetings and receives an official signature sheet. The right of local rule-making initiative is vested initiative groups of city residents, having the right to vote. The order and procedure for collecting signatures under the popular initiative are regulated in accordance with the regional legislation on elections in terms of the procedure and procedure for collecting signatures in the petition procedure for nominating candidates. The number of signatures required to submit a popular initiative is set at no less than 1% of the number of voters who took part in the most recent elections. Draft legal acts of a normative nature, submitted to the city self-government bodies in the manner of popular initiative, are subject to mandatory consideration at an open meeting with the participation of representatives of groups of citizens, and as a result of their consideration, to official publication (promulgation). Residents of the city have the right, in accordance with the procedure established by law, to conduct rallies and demonstrations, marches and pickets. The content of the resolutions of rallies, demonstrations, processions and picketing has an advisory or recommendatory value. In order to study public opinion when preparing important decisions affecting the interests of the city's population, city self-government bodies have the right to conduct surveys of residents. The results of the surveys are also advisory or recommendatory in nature. Along with these forms of participation of the population in the implementation of local self-government, citizens have the right to participate in the implementation of self-government in other forms that do not contradict the current legislation (for example, the exercise of judicial power in the form of people's and jurors). 16. Issues of local importance of a rural settlement Rural settlement - one or more rural settlements united by a common territory (settlements, villages, villages, villages, etc.), in which LSG is carried out by the population directly and (or) through elected and other bodies of LSG. К local issues rural areas include: 1) formation, approval, execution of the budget of the settlement and control over the execution of this budget; 2) establishing, changing and abolishing local taxes and fees of the settlement; 3) possession, use and disposal of property owned by the municipality of the settlement; 4) organization within the boundaries of the settlement of electricity, heat, gas and water supply to the population, water disposal, supply of fuel to the population; 5) maintenance and construction of public roads, bridges and other transport engineering structures within the boundaries of settlements, with the exception of public roads, bridges and other transport engineering structures of federal and regional significance; 6) providing poor citizens living in a settlement and in need of better housing conditions with living quarters in accordance with housing legislation, organizing the construction and maintenance of municipal housing stock; 7) creation of conditions for the provision of transport services to the population and the organization of transport services for the population within the boundaries of the settlement; 8) participation in the prevention and elimination of the consequences of emergency situations within the boundaries of the settlement; 9) ensuring primary fire safety measures within the boundaries of settlements; 10) creation of conditions for providing the inhabitants of the settlement with communication services, public catering, trade and consumer services; 11) organization of library services for the population; 12) creating conditions for organizing leisure and providing residents of the settlement with the services of cultural organizations; 13) protection and preservation of cultural heritage sites (monuments of history and culture) of local (municipal) significance located within the boundaries of the settlement; 14) providing conditions for the development of mass physical culture and sports on the territory of the settlement; 15) creation of conditions for mass recreation of the inhabitants of the settlement and organization of arrangement of places for mass recreation of the population; 16) assistance in establishing, in accordance with federal law, guardianship and guardianship over those in need; 17) organization of collection and removal of household waste and garbage; 18) organization of improvement and gardening of the territory of the settlement, etc. 978-5-369-00541-5 Local self-government bodies of a settlement have the right to resolve other issues that are not within the competence of local self-government bodies of other municipalities, state authorities and are not excluded from their competence by the Federal Law and the laws of the constituent entities of the Russian Federation, only if they have their own material resources and financial resources (with the exception of subventions and subsidies provided from federal budget and the budget of the subject of the Russian Federation). 17. Issues of local significance of the urban district urban district - an urban settlement that is not part of a municipal district and whose LSG bodies exercise the authority to resolve issues of local importance in accordance with the Federal Law. К local issues urban district include: 1) formation, approval, execution of the budget of the city district and control over the execution of this budget; 2) establishment, change and abolition of local taxes and fees of the urban district; 3) possession, use and disposal of property that is in the municipal ownership of the city district; 4) organization within the boundaries of the urban district of electricity, heat, gas and water supply to the population, water disposal, supply of fuel to the population; 5) maintenance and construction of public roads, bridges and other transport engineering structures within the boundaries of the urban district, with the exception of public roads, bridges and other transport engineering structures of federal and regional significance; 6) providing low-income citizens and those in need of better housing conditions with living quarters in accordance with housing legislation, organizing the construction and maintenance of municipal housing stock, creating conditions for housing construction; 7) creation of conditions for the provision of transport services to the population and the organization of transport services for the population within the boundaries of the urban district; 8) participation in the prevention and liquidation of the consequences of emergency situations within the boundaries of the urban district; 9) organizing the protection of public order on the territory of the city district by the municipal police; 10) provision of primary fire safety measures; 11) organization of measures for environmental protection; 12) organization and implementation of environmental control of industrial and social facilities on the territory of the urban district, with the exception of facilities, the environmental control of which is carried out by federal executive authorities; 13) organizing the provision of public and free primary general, basic general, secondary (complete) general education in basic general education programs, with the exception of the powers to financially support the educational process, attributed to the powers of state authorities of the constituent entities of the Russian Federation; organizing the provision of additional education and public free preschool education on the territory of the city district, as well as organizing children's recreation during vacation time; 14) organizing the provision of emergency medical care on the territory of the city district (with the exception of sanitary and aviation), primary health care, etc. Local self-government bodies of the urban district have the right to resolve other issues that are not within the competence of local self-government bodies of other municipalities, state authorities and are not excluded from their competence by the Federal Law and the laws of the subjects of the Russian Federation, only if they have their own resources. 18. Main powers of LSG bodies The main powers of the bodies LSGs are: 1) the adoption of the charter of the municipality and the introduction of amendments and additions to it, the publication of municipal legal acts; 2) the establishment of the official symbols of the Moscow Region; 3) the creation of municipal enterprises and institutions, the financing of municipal institutions, the formation and placement of a municipal order; 4) setting tariffs for services provided by municipal enterprises and institutions, unless otherwise provided by the Federal Law; 5) organizational and logistical support for the preparation and holding of municipal elections, a local referendum, voting on the recall of a deputy, a member of an elected body of a local self-government, voting on issues of changing the borders of the municipality, transforming the municipality; 6) the adoption and organization of the implementation of plans and programs for the integrated socio-economic development of the MO, as well as the organization of the collection of statistical indicators characterizing the state of the economy and social sphere of the MO, and the provision of these data to state authorities in the manner established by the Government of the Russian Federation; 7) establishment of a printed mass media for the publication of municipal legal acts, other official information; 8) implementation of international and foreign economic relations in accordance with the Federal Law; 9) other powers in accordance with the legislation of the Russian Federation, the charters of the Moscow Region. LSG bodies of settlements and local self-government bodies of urban districts right in accordance with the statutes of the Moscow Region decide on attraction of citizens to the implementation on a voluntary basis of socially significant work for the settlement and urban district (including duty) in order to resolve issues of local importance of settlements and urban districts. К socially significant work only works that do not require special professional training can be classified. Adult able-bodied residents of settlements and urban districts may be involved in the performance of socially significant work in their free time from their main work or study on a gratuitous basis no more than once every three months. At the same time, the duration of socially significant work cannot be more than four hours in a row. The above powers of LSG bodies are exercised by LSG bodies of settlements, LSG bodies of urban districts and LSG bodies of municipal districts independently. The subordination of the local self-government body of the MO to the local self-government body or to the official of the local self-government of another MO is not allowed. 19. Organization and relationship of territorial public self-government bodies with LSG bodies The organization and relationship of territorial public self-government bodies (hereinafter referred to as TPSU) with local self-government bodies are determined by the charters of the MO, as well as resolutions of the representative body of local self-government. Other issues of the organization and activities of TPSU are regulated, along with the charters of the Moscow Region, by the regulatory legal acts of LSG, as well as the Constitution of the Russian Federation, which declares and guarantees the right of local self-government for the population, including in the form of direct democracy, as well as the legislation of Russia and the laws of the constituent entities of the Russian Federation. LSG bodies provide the necessary conditions for the exercise of their powers by the TPSU bodies, contribute to the formation of their economic and financial basis, provide the necessary methodological and advisory assistance. Local self-government bodies may, by mutual agreement with the local self-government bodies, vest them with their powers to carry out socio-economic and humanitarian tasks with the transfer of appropriate funds, including ownership, of local facilities. Elections of TPSU bodies may be carried out at general meetings (gatherings) of citizens, conferences or on the basis of universal equal direct suffrage by secret ballot at a polling station for a period determined by the regulation on territorial public self-government (usually at least two years). The Chosen Ones to the TOSU body considered citizens who received a majority of votes in relation to other candidates or more than half of the votes of the voters who took part in the voting. Citizens with active suffrage (18 years old) and residing in the given territory participate in the voting. The implementation of passive rights is regulated similarly (in some subjects from the age of 18, in others - from the age of 21). TPSU bodies in accordance with the charter and established practice at least once a year report back on their activities at a meeting (gathering) of citizens or a conference of residents. At the initiative of the residents, reports can also be carried out on an extraordinary basis, reports of individual members of the body of territorial public self-government, its commissions, groups are heard. In addition, bodies of territorial public self-government may provide relevant information about their activities to the media. 20. Competence of the body of territorial public self-government The competence of the TOSU body determined by a general meeting (gathering) of citizens, a conference of citizens, who have elected a body of territorial public self-government, as well as voluntarily assumed obligations and powers transferred by local self-government bodies. Usually, TOSU authorities accept voluntarily commit on environmental protection, preservation and operation of residential and non-residential funds, social facilities, organizing leisure activities for the population, raising children and youth, protecting public order, protecting the rights of consumers of goods and services, promoting charity and the movement of mercy, conduct sociological research, exercise control over the sphere services to the population and the activities of the housing and communal complex. The regulation on TPSU can be established by both territorial public self-government bodies and local self-government bodies. For example, in Moscow, the Moscow City Duma adopted the Law "On Territorial Public Self-Government". The TOS body can on the basis of the decision of the citizens of the respective territory to be endowed with the rights of a legal entity. The rights of a legal entity from the moment of state registration of the TPSU body allow: 1) to create enterprises and organizations in the manner prescribed by law to carry out economic activities for the socio-economic development of the relevant territory, to meet the needs of the population in goods and services; 2) to establish, in accordance with the established procedure, public associations, non-profit organizations, interest clubs, leisure centers, other institutions and organizations to meet the socio-cultural needs of the population; 3) to lease premises, buildings, structures that are on its balance sheet; 4) act as a customer for the performance of work on the improvement of the territory, construction, operation and repair of residential and non-residential funds, social facilities using the local budget funds provided for their implementation and their own financial resources; 5) to use the financial resources at its disposal (except for the budgetary ones) to increase the norms of expenditures in the social sphere; 6) cooperate on a voluntary basis with funds from the population, enterprises, institutions, organizations to finance targeted social programs; create local initiative funds; 7) to participate with their own resources in the creation and operation of financial and credit institutions on a joint-stock or share basis; 8) to carry out other activities not prohibited by law in order to fully meet the needs of the population of the relevant territory. Decisions of TPSU bodies should not contradict the law, regulatory legal acts of local self-government. Decisions made by them within their own authority are binding on all enterprises, organizations, institutions, regardless of their organizational and legal form, as well as officials in the given territory. At the same time, TPSU bodies are legally responsible for the legality of their decisions and activities. 21. The concept and composition of the mechanism of municipal legal relations. Democracy of municipal legal relations Municipal legal relations - specific public relations that are expressed in the process of implementing management activities carried out by subjects of municipal law (i.e. their behavior), regulated both by their own municipal and administrative legal norms of law, and provided with coercive measures of both a public and a public nature . The mechanism of municipal legal influence - a set of interrelated and interdependent elements that regulate managerial relations in the activities of LSG bodies in the scope and manner specified in the legislation, provided with measures of persuasion, incentives and public or state coercion. The composition of the movement municipal legal impact: 1) municipal legal and administrative-legal norms governing the principles of activity, functions, goals and objectives of LSG; 2) acts of interpretation of municipal legal and administrative-legal norms; 3) acts of application of municipal legal and administrative-legal norms; municipal legal relations; 4) legal awareness of subjects of law of municipal legal relations; 5) judicial and state control and prosecutorial supervision over legality in the activities of LSG bodies. Democracy municipal legal relations is manifested in the practical and state-guaranteed implementation of the following rights. 1. Citizens of the Russian Federation exercise their right to local self-government in urban, rural settlements and other municipalities in accordance with federal guarantees of the electoral rights of citizens through a referendum, elections, other forms of direct expression of will, as well as through elected and other bodies of local self-government. 2. Citizens of the Russian Federation have equal rights to exercise local self-government, both directly and through their representatives, without any discrimination. 3. Citizens of the Russian Federation have the right to elect and be elected to local self-government bodies. 4. Citizens of the Russian Federation have equal access to municipal service. 5. Citizens of the Russian Federation have the right to apply to LSG bodies and LSG officials. 6. Bodies and officials of local self-government are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect the rights and freedoms of a person and citizen, as well as the opportunity for citizens to receive other, complete and reliable information about the activities of local self-government bodies. 7. The population, in accordance with the charter of the Moscow Region, has the right to legislative initiative in matters of local importance. Draft legal acts on issues of local importance submitted by the population to LSG bodies are subject to mandatory consideration at an open meeting with the participation of representatives of the population, and the results of the consideration are subject to official publication (promulgation). Citizens have the right apply with individual and collective questions to LSG bodies and LSG officials. LSG bodies and officials are required to respond on the merits of citizens' appeals within one month. 22. The principle of publicity in LSG Bodies and officials of LSG are obliged to provide everyone the opportunity to get acquainted with documents and materials directly affecting the rights and freedoms of a person and a citizen, as well as the opportunity for citizens to receive other, complete and reliable information about the activities of local governments, unless otherwise provided by law. This principle is implemented on the one hand, in exercising the rights of the population of the Moscow Region to access information about their daily activities, and on the other hand, in creating the necessary conditions for the will of citizens at the local level. These conditions are of particular importance for the holding of a local referendum or municipal elections. Russian state authorities provide legislative regulation of information relations. All this implies the legislative consolidation of the rights of individuals and legal entities located on the territory of the municipality to freely search, receive, use and disseminate information and certain guarantees for the exercise of this right, except for specific cases established by law. The state also establishes the legal regime of relations for working with information, provides the necessary conditions for information to be available, establishes legal forms of information protection and guarantees of information security, as well as protection of copyright and other related rights in the field of information relations. Among the necessary conditions for access to information of the population of the Moscow Region, include: compliance with the legal regime of work with information of all kinds; financial support in the creation and dissemination of information in socially significant areas; conducting fundamental research on the creation of advanced information technologies; technological, software, legal and organizational compatibility of communication networks and information systems, etc. Legislatively defines the types of information that are subject to limited use, for example, related to state or commercial secrets. In other cases, the legislation of the Russian Federation proceeds from the norms of international law, which do not allow restriction of access to information of the following nature: - about emergencies that threaten the safety and health of citizens, natural disasters, catastrophes and their consequences; - on the state of ecology, health care, sanitation, demography, education, culture, agriculture and law enforcement; - on legislative acts relating to the rights, freedoms and interests of man and citizen; - about the facts of violation of the law by LSG bodies and officials; - on the privileges and benefits provided by state bodies and LSG bodies to citizens, officials, enterprises, institutions and organizations; - about the political persecutions and repressions against someone that took place, etc. 23. Legal regulation of LSG. The powers of the federal executive authorities (FOIV) in the field of local self-government The basis of legal regulation LSG draws up a number of articles of the Constitution of the Russian Federation, and first of all, Art. 12, 130-132, defining the legal status of LSG. In addition to the constitutional norms, relations in the sphere of LSG are regulated by the Federal Law "On the general principles of the organization of local self-government" (2003); "On municipal service in the Russian Federation" (2007) and the laws of the constituent entities of the Russian Federation adopted on their basis. The legal foundations of the municipal service in the Russian Federation are the Constitution of the Russian Federation, as well as the indicated Federal Laws and other Federal Laws, other regulatory legal acts of the Russian Federation, constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation, charters of the Moscow Region, decisions taken at citizens' gatherings, and others municipal legal acts. Municipal employees are subject to labor legislation with the features provided for by the Federal Law "On Municipal Service in the Russian Federation". There is already a legislative basis for normative legal acts regulating relations in the field of activity of LSG bodies. Given that the demographic problem is particularly acute for urban and rural settlements, in 2007 a change was made to abolish urban and rural settlements. The abolition of rural settlements is allowed in areas with a low density of the rural population and in hard-to-reach areas, if the population of the rural settlement is less than 100 people and the decision to abolish the settlement will be made at a gathering of citizens permanently residing in the rural settlement. The abolition of settlements is carried out by the law of the constituent entity of the Russian Federation at the initiative of the population, local self-government bodies, state authorities of the constituent entity of the Russian Federation or federal state authorities. Regulatory legal acts of the highest official of a constituent entity of the Russian Federation may provide for the allocation of grants to the MI at the expense of the budget of the constituent entity to facilitate the achievement (and encourage achievement) of the best values of performance indicators. The new basic law on local self-government has significantly reduced the number of powers of state bodies in relation to local self-government bodies, which should increase the level of autonomy of local self-government. Powers of federal executive authorities in the field of local self-government: - determination of the general principles of the organization of local self-government in the Russian Federation, established by law; - legal regulation on the subjects of the jurisdiction of the Russian Federation and within the powers of the Russian Federation on the subjects of joint jurisdiction of the Russian Federation and its subjects of the rights, duties and responsibilities of the federal executive authorities and their officials, public authorities of the constituent entities of the Russian Federation and their officials in the field of local self-government; - legal regulation of the rights, duties and responsibilities of citizens, bodies and officials of local self-government in resolving issues of local importance; - legal regulation of the rights, duties and responsibilities of local self-government bodies and officials in the exercise of certain state powers with which local self-government bodies are endowed with the Federal Law in the manner established by this basic Federal Law on local self-government; - the exercise of the executive, administrative and control powers of the federal executive authorities in relation to the MO and LSG bodies is allowed only in cases and in the manner established by the Constitution of the Russian Federation and other legislative acts; - The Federal Law and (or) other normative legal acts of the Russian Federation regulating issues of local self-government must not contradict the Constitution of the Russian Federation and the basic law on local self-government. 24. Powers of public authorities of the constituent entities of the Russian Federation in the field of LSG Powers of state authorities of subjects of the Russian Federation in the field of LSG: - legal regulation of the organization of local self-government in the constituent entities of the Russian Federation in the cases and in the manner established by the basic Federal Law on local self-government; - legal regulation of the rights, duties and responsibilities of public authorities of the constituent entities of the Russian Federation and their officials in the field of local self-government in the cases and in the manner established by the Federal Law; - legal regulation of the rights, duties and responsibilities of LSG bodies and officials in the subjects of the jurisdiction of the subjects of the Russian Federation, as well as within the powers of state authorities of the subjects of the Russian Federation - legal regulation of the rights, duties and responsibilities of LSG bodies and officials in the exercise of certain state powers by which bodies Local self-governments are endowed with the laws of the constituent entities of the Russian Federation in the manner prescribed by the basic Federal Law on local self-government. The exercise of executive, administrative and control powers by state authorities of the constituent entities of the Russian Federation in relation to the Ministry of Defense and local self-government bodies is allowed only in cases and in the manner established by the Constitution of the Russian Federation, the Federal Law, the Federal Law and the laws of the constituent entities of the Russian Federation adopted in accordance with them. In case of conflict with the constitution (charter) of a law, other regulatory legal act of a constituent entity of the Russian Federation that regulates the organization of local self-government and establishes the rights, duties and responsibilities of bodies and officials of local self-government, the Constitution of the Russian Federation, the Federal Law, the basic Federal Law on local self-government and other Federal Laws, the Constitution of the Russian Federation, the Federal Law, the basic Federal Law on MSU. 25. Local administration: concept, legal framework, principles and procedure for the formation and organization of its activities The local administration (the executive and administrative body of the MO) is endowed by the charter of the MO with the authority to resolve issues of local importance and to exercise certain state powers transferred to LSG bodies by federal laws and laws of the constituent entities of the Russian Federation. In the event that LSG bodies are vested with state powers by law, their activities are controlled by state bodies (part 2 of article 132 of the Constitution of the Russian Federation), i.e. in this case, the executive and administrative bodies are the third link in the system of executive power in Russia. The local administration is led head of the local administration on the principles of unity. The head of the local administration is the head of the municipality or a person appointed to the position of head of the local administration under a contract concluded based on the results of a competition for filling the specified position. The local administration has the rights of a legal entity. The structure of the local administration is approved by the representative body of the MO on the proposal of the head of the local administration. The structure of the local administration may include sectoral (functional) and territorial bodies of the local administration. The head of the local administration is not entitled to engage in entrepreneurial, as well as other paid activities, with the exception of pedagogical, scientific and other creative activities. Powers of the head of the local administration, carried out on the basis of a contract, are terminated ahead of schedule in the event of: 1) death; 2) resignations of their own free will; 3) termination of the contract in accordance with the Federal Law on LSG; 4) removal from office in accordance with the Federal Law on LSG; 5) recognition by the court as incapable or partially incapacitated; 6) recognition by the court as missing or declared dead; 7) the entry into force of a guilty verdict of the court against him; 8) travel outside the Russian Federation for permanent residence; 9) termination of citizenship of the Russian Federation, termination of citizenship of a foreign state - a party to an international treaty of the Russian Federation, according to which a foreign citizen has the right to be elected to LSG bodies, acquisition of citizenship of a foreign state or obtaining a residence permit or other document confirming the right to permanent residence a citizen of the Russian Federation on the territory of a foreign state that is not a party to an international treaty of the Russian Federation, in accordance with which a citizen of the Russian Federation who has citizenship of a foreign state has the right to be elected to local self-government bodies. 26. The procedure for vesting LSG bodies with certain state powers The procedure for vesting local self-government bodies with certain state powers enshrined in legislation. 1. The powers of local self-government bodies established by the Federal Law and the laws of the subjects of the Russian Federation, on issues that are not classified by the basic Federal Law on local self-government as issues of local importance, are separate state powers, transferred for implementation to LSG bodies. 2. Empowerment of LSG bodies with separate state powers of the Russian Federation carried out by the Federal Law, separate state powers of the subjects of the Russian Federation - the laws of the subjects of the Russian Federation. The vesting of local self-government bodies with separate state powers by other regulatory legal acts is not allowed. 3. Separate state powers transferred for implementation to LSG bodies are exercised by LSG bodies of municipal districts and LSG bodies of urban districts, unless otherwise provided by the Federal Law or the law of a constituent entity of the Russian Federation. 4. LSG bodies may be vested with separate state powers for an unlimited period or, if these powers have a certain period of validity, for the period of validity of these powers. 5. Financial provision of certain state powers transferred to LSG bodies is carried out only at the expense of subventions provided to local budgets from the relevant budgets. 6. The Federal Law, the law of the constituent entity of the Russian Federation, providing for the vesting of local self-government bodies with separate state powers, must contain: 1) the type or name of the MO, the local self-government bodies of which are vested with appropriate powers; 2) a list of rights and obligations of LSG bodies, as well as the rights and obligations of public authorities in the exercise of relevant powers; 3) a method (methodology) for calculating the standards for determining the total amount of subventions provided to local budgets from the federal budget, the budget of a constituent entity of the Russian Federation for the exercise of relevant powers; 4) a list of material resources to be transferred for use and (or) management or into municipal ownership, necessary for the implementation of transferred state powers; 5) the procedure for reporting by local self-government bodies on the implementation of the powers delegated to them; 6) the procedure for exercising control over the exercise of certain state powers by state authorities; 7) the conditions and procedure for terminating the exercise by LSG bodies of certain state powers transferred to them. The provisions of the Federal Law, the laws of the constituent entities of the Russian Federation, which provide for the vesting of local self-government bodies with certain state powers, are put into effect annually in accordance with the Federal Law on the federal budget for the next financial year, the law of the constituent entity of the Russian Federation on the budget of the constituent entity of the Russian Federation for the next financial year, provided that the Federal Law on the federal budget for the corresponding financial year or the law of the constituent entity of the Russian Federation on the budget of the constituent entity of the Russian Federation for the corresponding financial year provides for the provision of subventions for the exercise of these powers. 27. Possible state powers exercised by LSG bodies The powers of LSG bodies on issues not classified as issues of local importance are separate state powers, transferred for implementation to LSG bodies. The vesting of local self-government bodies with certain state powers of the Russian Federation is carried out federal laws, separate state powers of the subjects of the Russian Federation - the laws of the subjects of the Russian Federation. The vesting of local self-government bodies with separate state powers by other regulatory legal acts is not allowed. Separate state powers transferred for implementation to LSG bodies are exercised by LSG bodies of municipal districts and urban districts, unless otherwise established by federal law or the law of a constituent entity of the Russian Federation. LSG bodies may be vested with separate state powers to unlimited time or, if such powers are of a definite duration, for duration of these powers. Financial support certain state powers transferred to LSG bodies are carried out only at the expense of subventions provided to local budgets from the relevant budgets. Local self-government bodies have the right to additionally use their own material resources and financial resources for the implementation of certain state powers transferred to them in the cases and in the manner provided for by the charter of the municipality. Regarding the exercise by LSG bodies of certain state powers, the federal executive authorities and executive authorities of the constituent entities of the Russian Federation, in cases established by the Federal Law and the laws of the constituent entities of the Russian Federation, within their competence, have the right to issue mandatory regulatory legal acts and exercise control over their execution. LSG bodies are responsible for the implementation of certain state powers within the limits of material resources and financial resources allocated for these purposes. State control for the implementation by LSG bodies of certain state powers. 1. State authorities exercise control over the exercise by LSG bodies of certain state powers, as well as over the use of material resources and financial resources provided for these purposes. 2. LSG bodies and officials are obliged to provide authorized state bodies with documents related to the exercise of certain state powers. 3. In case of detection of violations of the requirements of laws on the implementation of certain state powers by local self-government bodies or officials, authorized state bodies have the right to issue written instructions to eliminate such violations, which are binding on local self-government bodies and officials. These orders may be challenged in court. 28. LSG system. Representative body of the Moscow Region LSU system - this is a set of governing bodies and officials of the MO, elected or appointed on the basis of the charter of the MO, making independently and under their own responsibility decisions on matters of local importance and within the scope of competence. To the MSU system in accordance with the Federal Law on LSG includes the following bodies and officials: a representative body consisting of deputies elected by the population of the Moscow Region; head of the MO; administration of LSG (executive and administrative body); head of administration of MSU. The representative body of the MO may exercise its powers if at least 2/3 of the established number of deputies is elected. The representative body of the settlement consists of deputies elected in municipal elections by the population living in the territory of the Moscow Region. The representative body of the settlement is not formed if the number of residents of the settlement with the right to vote is less than 100 people. In this case, the powers of the representative body are exercised by the gathering of citizens. The representative body of the municipal district may: 1) consist of the heads of the settlements that are part of the municipal district, and of the deputies of the representative bodies of the said settlements, elected by the representative bodies of the settlements from their composition in accordance with the same norm of representation, regardless of the population of the settlement, in the manner determined by law; 2) to be elected in municipal elections on the basis of universal, equal and direct suffrage by secret ballot. At the same time, the number of deputies elected from one settlement cannot exceed 2/5 of the established number of the representative body of the municipal district. Regulatory legal act adopted by the representative body of the Ministry of Defense, sent to the head of the Ministry of Defense for signing and publication. The head of the MO, who is the head of the local administration, has the right to reject the normative legal act adopted by the representative body of the MO. In this case, the specified normative legal act shall be returned to the representative body of the Ministry of Defense within 10 days with a reasoned justification for its rejection or with proposals for amendments and additions to it. If the head of the Ministry of Defense rejects the normative legal act, it is again considered by the representative body of the Ministry of Defense. If, upon reconsideration, the said normative legal act is approved in the previously adopted version by a majority of at least 2/3 of the established number of deputies of the representative body of the Moscow Region, it is subject to signing by the head of the Moscow Region within seven days and promulgation. The organization of the activities of the representative body of the MO in accordance with the charter of the MO is carried out by the head of the MO, and if the specified official is the head of the local administration, by the chairman of the representative body of the MO. 29. The status of a deputy, a member of an elected body of LSG, an elected official of LSG. Competence of the representative body of the Ministry of Defense A deputy, a member of an elected body of LSG, an elected official of LSG shall be provided with conditions for the unhindered exercise of their powers. Term of office Deputy, member of the elected body of the local self-government of the elected official of the local self-government is established by the charter of the MO and cannot be less than two and more than five years. Deputies of the representative body of the Ministry of Defense exercise their powers, as a rule, on a non-permanent basis. On the permanent basis no more than 10% of deputies from the established number of the representative body of the Moscow Region can work. The powers of the representative body of the Ministry of Defense, regardless of the procedure for its formation, may be terminated early in the event of its dissolution in the manner and on the grounds provided for by the basic law on local self-government. The powers of the representative body of the Ministry of Defense may also be terminated when: 1) adoption by the said body of a decision on self-dissolution; 2) entry into force of the court decision; 3) MO transformations. Early termination of the powers of a representative body of a municipal formation entails early termination of the powers of its deputies. The exclusive competence of the representative body of the Ministry of Defense is1) adoption of the Charter of the Moscow Region and introduction of amendments and additions to it; 2) approval of the local budget and a report on its execution; 3) establishment, change and cancellation of local taxes and fees in accordance with the legislation of the Russian Federation on taxes and fees; 4) adoption of plans and programs for the development of the Ministry of Defense, approval of reports on their implementation; 5) determination of the procedure for managing and disposing of property that is in municipal ownership; 6) determining the procedure for making decisions on the creation, reorganization and liquidation of municipal enterprises and institutions, as well as on the establishment of tariffs for the services of municipal enterprises and institutions; 7) determination of the procedure for the participation of MO in organizations of intermunicipal cooperation; 8) determination of the procedure for the material, technical and organizational support of the activities of LSG bodies; 9) control over the execution by LSG bodies and officials of powers to resolve issues of local importance. Other powers The representative bodies of the Ministry of Defense are determined by the Federal Law and the constitutions (charters) adopted in accordance with them, the laws of the constituent entities of the Russian Federation, and the charters of the Ministry of Defense. Normative legal acts of the representative body of the Ministry of Defense, providing for the establishment, change and abolition of local taxes and fees, the implementation of expenditures from the local budget, can be submitted for consideration by the representative body of the Ministry of Defense only at the initiative of the head of the local administration or in the presence of the opinion of the head of the local administration. 30. Legal acts of LSG, their classification Legal act of LSG - this is an official written act that has legal consequences, adopted directly by the population of the Moscow Region, the LSG body or its official in terms of jurisdiction and within the scope of authority, in a certain order and establishing generally binding rules on issues of local importance in accordance with the legislation and the charter of the Moscow Region. Types of legal acts of LSG: Charter of the Moscow Region - the main regulatory and legal constituent act that determines the status of the MO. Regulations of the representative body of LSG - a legal procedural act that regulates the procedure for the work of the representative body of LSG, the introduction and consideration of issues at its sessions, the formation of commissions, etc. Decree - a normative act that has a generally binding prescription in force on the territory of the Moscow Region until its official cancellation. Position - an act that systematizes the norms of a status nature (on a specific LSG body). Disposal - an act of an operational-specific nature. Orders and instructions - acts of an operational and administrative nature. Are classified legal acts for the following reasons: - normative legal acts of long duration, addressed to a wide range of people, - charters of the Moscow Region, regulations of the representative bodies of LSG, resolutions of the representative bodies of LSG on local taxes and fees, etc.; - individual legal acts of a one-time nature or application addressed to a specific individual or legal entity, for example: a contract for the rental of municipal housing, an order of the head of the administration of the Moscow Region on the dismissal of a municipal employee, etc. According to the content Legal acts of local self-government can be classified depending on the subjects of jurisdiction of local self-government as follows: - legal acts on issues of social policy; - legal acts on issues of economic activity; - legal acts on the activities of LSG in the socio-cultural sphere; - legal acts on the protection of public order, etc. In order of entry into force of legal acts LSG in legal force distinguish: - legal acts requiring mandatory publication; - regulatory legal acts of LSG bodies and LSG officials affecting the rights, freedoms and duties of a person and a citizen; come into force only after their official publication (promulgation); - legal acts that do not require official publication (promulgation) - as a rule, acts for official use. 31. Properties of a legal act LSG The legal act of local self-government as a written document regulating relations in the management activities of local self-government bodies differs primarily a special form of expression of the instruction contained in it. In this case, such a form is a special norm of municipal law Federal Law "On the general principles of organizing local self-government in the Russian Federation" defines the essence of the norm of municipal law as a generally binding rule on the subjects of jurisdiction of the MO, provided for by the charter of the MO. The obligatory nature of the norms of municipal law is ensured by the following. First, the decisions made by direct expression of the will of citizens, decisions of local self-government bodies and local self-government officials, adopted within their powers, are binding on all enterprises, institutions and organizations located on the territory of the municipality, regardless of their organizational and legal forms, as well as local self-government bodies and citizens. Second, the the legal act of LSG is officially recognized by the state and its bodies, i.е. does not require additional approval by state authorities. Because of this, as provided by law, non-execution or improper execution of decisions taken by direct expression of the will of citizens, decisions of local self-government bodies and local self-government officials entails liability in accordance with the law. Thus, the legal force of the legal acts of LSG along with other legal acts in Russia is ensured. The needs of everyday practice, and primarily at the level of local self-government, require in each specific case to determine the mechanism for the implementation of laws - specific executors, forms, methods, measures, means, deadlines and a list of by-laws, the responsibility of certain persons, as well as a system for monitoring and verifying execution . It is essential to define the role and scope of municipal law as the main method of regulating those new relations that are emerging in the municipal sector of the economy. This should not be about abandoning the municipal legal regulation of these relations, but about changing its forms and methods. For example, one of the main methods of regulation in the field of economic activity is the method of coordinating interaction and coordination, which does not exclude the use in certain cases of the method of authoritative instructions on the part of LSG bodies. 32. Subjects of lawmaking and requirements for legal acts of LSG Acts of representative bodies of local self-government having a regulatory and legal nature, adopted by a majority vote of deputies. Other legal acts of the representative body of LSG are adopted in the manner established by the representative body on your own, however, their adoption requires a majority vote of the deputies who took part in the vote. The charter of the MO or the introduction of amendments and additions to it, changes in the administrative-territorial structure of the MO, decisions on dismissal (or distrust of the head) of the head of administration and other officials of the executive body of LSG whose appointment is agreed with the representative body of LSG are considered accepted if for them voted least 2/3 from the number of deputies, elected to the representative body. Acts adopted by a representative body affecting the rights, freedoms and duties of a person and a citizen, cannot be applied if they are not published (promulgated) officially. A LSG legal act is issued on behalf of a specific subject of the LSG body, whose right to adopt a legal act is determined by the legislation or the charter of the MO. As a result, a number of requirements arise. In particular, the subjects of municipal lawmaking should issue only those types of legal acts that are assigned to them. It is also important that the decisions made and acts issued do not go beyond the competence of the relevant subject of lawmaking. The main requirement for legal acts of LSG consists in their compliance with the norms of Russian legislation. The lack of the necessary experience and sufficiently trained personnel often leads to the adoption of regulations, the content of which sometimes grossly violates Russian law. In these cases, a procedure is provided for their cancellation or invalidation. Decisions of local self-government bodies and officials of local self-government may be canceled by the bodies and officials who made them, or declared invalid by a court decision. Legal acts, if they contradict the law, can also be challenged in the order of prosecutor's supervision. The main subject of lawmaking is the population of MO. It should be noted that the legislation on local self-government almost always uses the traditional way for the population to make an important legal decision at a local referendum, at the same time it introduces a new form - a popular law-making initiative (for example, petitions), the implementation of which also creates a new kind of legal acts of local self-government - a resolution of a representative body LSG, adopted in the order of the people's law-making initiative. Along with the population of the Moscow Region, the local self-government bodies themselves and authorized officials of the local self-government bodies also have the right to issue relevant acts. 33. System of municipal legal acts System of municipal legal acts - this is a set of normative legal acts, interconnected and interdependent, forming an integral unity of the mechanism of legal regulation of issues of local importance. The system of municipal legal acts includes: 1) the charter of the Moscow Region; legal acts adopted at a local referendum or gathering of citizens; 2) normative and other legal acts of the representative body of the Ministry of Defense; 3) legal acts of the head of the municipal municipality, other local self-government bodies and officials of local self-government, provided for by the charter of the municipality. Charter of the Moscow Region and issued in the form of legal acts solutions, adopted at a local referendum or gathering of citizens are acts of higher legal force in the system of municipal legal acts, have direct effect and are applied throughout the territory of the Moscow Region. Other municipal legal acts should not contradict the charter of the municipality and legal acts adopted at a local referendum or gathering of citizens. Representative body of the Moscow Region adopts legal acts on issues referred to its competence by legislation, the Charter of the Ministry of Defense, for execution on its territory, and also makes decisions on the organization of its activities. Head The Ministry of Defense, within the limits of its powers established by the Charter of the Ministry of Defense and decisions of the representative body of the Ministry of Defense, issues resolutions and orders on the organization of the activities of the representative body of the Ministry of Defense if the head of the Ministry of Defense is the chairman of the representative body of the Ministry of Defense, or resolutions and orders on issues of state powers delegated by law in the event if the head of the MO is the head of the local administration (municipality). Chairman of the representative body of the Moscow Region issues resolutions and orders on the organization of the activities of the representative body of the Ministry of Defense. Head of local administration within the limits of its powers established by the legislation, the charter of the Moscow Region, the regulatory legal acts of the representative body of the Moscow Region, issues resolutions on issues of local importance and issues related to the exercise of certain state powers transferred to LSG bodies by law, as well as orders on the organization of the work of the local administration. Other officials LSGs issue instructions and orders on issues referred to their authority by the charter of the MO. 34. Charter MO The Charter of the Moscow Region determines: 1) name of MO; 2) list of issues of local importance; 3) forms, procedures and guarantees for the participation of the population in resolving issues of local importance, including through the formation of LSG bodies; 4) structure and procedure for the formation of LSG bodies; 5) names and powers of elected and other LSG bodies, LSG officials; 6) types, procedure for the adoption (publication), official publication (promulgation) and entry into force of municipal legal acts; 7) the term of office of the representative body of the Ministry of Defense, deputies, members of other elected bodies of LSG, elected officials of LSG, as well as the grounds and procedure for terminating the powers of these bodies and persons; 8) types of liability of LSG bodies and officials, the grounds for the onset of this responsibility and the procedure for resolving relevant issues, including the grounds and procedure for recalling elected LSG officials by the population of early termination of the powers of elected bodies and elected officials of LSG; 9) the procedure for the formation, approval and execution of the local budget, as well as the procedure for monitoring its implementation in accordance with the Budget Code of the Russian Federation; 10) the procedure for introducing amendments and additions to the charter of the Moscow Region. The statute of the MO regulates other issues of the organization of local self-government in accordance with the law. Charter of the Moscow Region adopted by the representative body MO, and in settlements with the number of residents with the right to vote, less than 100 people - by the population directly at the gathering of citizens. The Charter of the Moscow Region, the municipal legal act on the introduction of amendments and additions to the Charter of the Moscow Region are adopted by a majority of 2/3 of the votes of the established number of deputies of the representative body of the Moscow Region. Charter of the Moscow Region, municipal legal act on amendments and additions to the Charter of the Moscow Region subject to state registration in the bodies of justice in the manner prescribed by the Federal Law. Grounds for refusal of state registration of the charter of the Moscow Region: 1) contradiction of the charter of the Constitution of the Russian Federation, the Federal Law, the constitutions (charters) and laws of the constituent entities of the Russian Federation adopted in accordance with them; 2) violation of the procedure established by the Federal Law on LSG for the adoption of the charter, the municipal legal act on the introduction of amendments and additions to the charter of the MO. The Charter of the Moscow Region, the municipal legal act on the introduction of amendments and additions to the Charter of the Moscow Region are subject to official publication (promulgation) after their state registration and come into force after their official publication (promulgation). Decisions on issues of local importance, taken directly by the citizens of the MO, are made by direct expression of the will of the population at a local referendum or gathering of citizens. If the implementation of a decision made by direct expression of the will of the population of the municipality additionally requires the adoption (issuance) of a municipal legal act, the local self-government body or an official of the local self-government, whose competence includes the adoption of this act, are obliged within 15 days from the date of entry into force of the decision adopted at a referendum or a gathering of citizens, determine the time frame for the preparation and (or) adoption of the relevant municipal legal act. 35. The concept of municipal service, its basic principles municipal service - professional activity of citizens, which is carried out on a permanent basis in the positions of the municipal service, replaced by concluding an employment agreement (contract). The employer for a municipal employee is the Ministry of Defense, on behalf of which the powers of the employer are exercised by the representative of the employer (employer). Such a representative may be the head of a local self-government body, the chairman of an election commission of a local government, or another person authorized to act as a representative of the employer (employer). Basic principles of municipal service: 1. Priority of the rights and freedoms of man and citizen. 2. Equal access of citizens who speak the state language of the Russian Federation to municipal service and equal conditions for its passage, regardless of gender, race, nationality, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as from other circumstances not related to the professional and business qualities of a municipal employee. 3. Professionalism and competence of municipal employees. 4. Stability of the municipal service. 5. Availability of information about the activities of municipal employees. 6. Interaction with public associations and citizens. 7. The unity of the basic requirements for municipal service, as well as taking into account historical and other local traditions in the course of municipal service. 8. Legal and social protection of municipal employees. 9. Responsibility of municipal employees for failure to perform or improper performance of their official duties. 10. Non-partisanship of the municipal service. Interrelation the municipal service and the state civil service of the Russian Federation is ensured through: 1) the unity of the basic qualification requirements for service positions; 2) the unity of restrictions and obligations during the service; 3) the unity of requirements for the training, retraining and advanced training of employees; 4) taking into account the length of service of one service when calculating the length of service of another; 5) the correlation of the main conditions of remuneration and social guarantees of employees; 6) the correlation of the main conditions for the state pension provision of citizens who served, as well as members of their families in the event of loss of a breadwinner. legal basis municipal service in the Russian Federation are the Constitution of the Russian Federation, the Federal Law "On Municipal Service in the Russian Federation", constitutions (charters), regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, charters of the Moscow Region, decisions taken at citizens' gatherings, and other municipal legal acts. Municipal employees are subject to labor legislation with the features provided for by the Federal Law "On Municipal Service in the Russian Federation". 36. The concept of municipal service (continued) Municipal service position - a position in the LSG body in the apparatus of the election commission of the MO, which are formed in accordance with the charter of the MO, with the established terms of reference for ensuring the execution of the powers of the LSG body, the election commission of the MO or the person replacing the municipal position. These positions are established by municipal legal acts in accordance with register of municipal service positions in the subject of the Russian Federation, approved by the law of the subject of the Russian Federation. The register is a list of job titles classified by LSG bodies, election commissions of the Moscow Region, groups and functional features of positions, determined taking into account historical and other local traditions. Classification of municipal service positions includes the following groups: 1) higher; 2) main; 3) presenters; 4) seniors; 5) junior positions in the municipal service. For municipal service right to enter citizens who have reached the age of 18, who speak the state language of the Russian Federation and meet the qualification requirements, in the absence of the circumstances specified in the Federal Law "On municipal service in the Russian Federation" as restrictions related to municipal service. The admission of a citizen to the municipal service is carried out as a result of appointment to the position of the municipal service on the terms of an employment contract in accordance with labor legislation, taking into account the features provided for by the Federal Law "On Municipal Service in the Russian Federation". When filling a municipal service position in the Moscow Region, the conclusion of an employment contract may be preceded by a competition during which the professional level of applicants is assessed. A citizen entering the position of head of a local administration based on the results of a competition for filling the specified position concludes a contract. In addition to the grounds for termination of an employment contract provided for by the Labor Code of the Russian Federation, an employment contract with a municipal employee can be terminated at the initiative of the representative of the employer (employer) in the event of: 1) reaching the age limit established for filling a position in the municipal service; 2) termination of citizenship of the Russian Federation or termination of citizenship of a foreign state - a party to an international treaty of the Russian Federation, in accordance with which a citizen of the Russian Federation who has citizenship of a foreign state has the right to be in the municipal service; 3) non-compliance with restrictions and prohibitions related to the municipal service. It is allowed to extend the period of stay in the municipal service of municipal employees who have reached the age limit established for filling a position in the municipal service. In this case, a single extension of the term is allowed for no more than one year. 37. Legal status of municipal employees Legal status of a municipal employee - this is a set of his rights, duties, restrictions and prohibitions associated with the service and responsibility for the performance of his functions. It is determined by the Constitution of the Russian Federation, the Federal Law, the charters of the subjects of the Russian Federation, the Moscow Region and other regulatory acts of the Russian Federation, the subject of the Russian Federation and the Moscow Region. Municipal employees is a citizen who, in accordance with the procedure determined by municipal legal acts in accordance with the Federal Law and the laws of a constituent entity of the Russian Federation, performs the duties of a municipal service position for a monetary allowance, which is paid at the expense of the local budget. Persons performing the duties of technical support for the activities of local self-government bodies of election commissions of the Moscow Region do not replace the positions of the municipal service and are not municipal employees. Municipal employee is entitled to: - familiarization with the documents establishing his rights and obligations for the occupied position of the municipal service, the criteria for assessing the quality of the performance of official duties and the conditions for promotion; - ensuring the organizational and technical conditions necessary for the performance of official duties; - wages and other payments in accordance with labor legislation, legislation on municipal service and labor agreement (contract); - rest, provided by the establishment of the normal duration of the working (service) time, the provision of days off and non-working holidays, as well as annual paid leave; at the same time, the annual basic paid leave of a municipal employee is 30 calendar days, and municipal employees replacing the positions of the municipal service of certain groups of positions in the municipal service - a longer duration, if this is established by the laws of the constituent entities of the Russian Federation; - obtaining, in the prescribed manner, information and materials necessary for the performance of official duties; - participation on their own initiative in the competition for filling a vacant position in the municipal service; - advanced training in accordance with the municipal legal act at the expense of the local budget; - protection of their personal data; - familiarization with all the materials of his personal file, with reviews of professional activities and other documents before entering them into his personal file; - Association, including the right to create trade unions, to protect their rights, socio-economic and professional interests; - consideration of individual labor disputes in accordance with labor legislation, protection of their rights and legitimate interests in the municipal service, including appealing to the court of their violations; - pension provision in accordance with the legislation of the Russian Federation. A municipal employee (with the exception of a municipal employee who replaces the position of the head of the local administration under a contract) has the right, with prior written notice to the representative of the employer (employer), to perform other paid work, unless this entails a conflict of interest and unless otherwise provided by the Federal Law "On municipal service in Russian Federation". 38. Duties of a municipal employee The municipal employee must: - comply with the Constitution of the Russian Federation, FKZ, Federal Law, other regulatory legal acts, constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation, the charter of the Moscow Region and other municipal legal acts and ensure their implementation; - perform duties in accordance with the job description; - observe the rights and legitimate interests of citizens and organizations in the performance of official duties; - comply with the internal labor regulations, job description, procedure for working with official information established in the local self-government body, the apparatus of the election commission of the Moscow Region; - maintain the level of qualification necessary for the proper performance of official duties; - not to disclose information constituting state and other secrets protected by the Federal Law, as well as information that became known to him in connection with the performance of official duties, including information relating to the private life and health of citizens or affecting their honor and dignity; - protect state and municipal property, including those provided to him for the performance of official duties; - submit, in accordance with the established procedure, information about oneself and members of one's family, as provided for by law, as well as information about income, property and obligations of a property nature; - inform the representative of the employer (employer) about the withdrawal from the citizenship of the Russian Federation on the day of withdrawal from citizenship or about the acquisition of citizenship of a foreign state on the day of acquisition of citizenship of a foreign state; - comply with restrictions, fulfill obligations, not violate the prohibitions established by the Federal Law "On Municipal Service in the Russian Federation" and other Federal Laws; - inform the representative of the employer (employer) about personal interest in the performance of official duties, which may lead to a conflict of interest, and take measures to prevent such a conflict. A municipal employee is not entitled to execute an illegal assignment given to him. Upon receipt of an order from the relevant head, which, in the opinion of the municipal employee, is unlawful, he must submit to the head who gave the order a written justification for the illegality of the order. If the manager confirms this order in writing, the municipal employee obliged to refuse from its performance. In the event of the execution of an illegal order, the municipal employee and the head who gave this order are liable in accordance with the legislation of the Russian Federation. A citizen upon admission to the municipal service, as well as a municipal employee, annually no later than April 30 of the year following the reporting year, is obliged to submit to the representative of the employer (employer) information about income, property and liabilities of a property nature. They are information of a confidential nature, unless the Federal Law refers to information constituting state and other secrets protected by the Federal Law. 39. Restrictions and prohibitions for municipal employees A citizen cannot be accepted into the municipal service, and a municipal employee cannot be in the municipal service in the event of: 1) he is recognized as incompetent or partially incapacitated; 2) his conviction to a punishment that excludes the possibility of performing official duties; 3) refusal to go through the procedure for obtaining access to information constituting state and other secrets protected by the Federal Law; 4) the presence of a disease that prevents admission to the municipal service or its passage; 5) close relationship or property with a municipal employee, if the filling of a position of a municipal service is connected with the direct subordination or control of one of them to another; 6) termination of citizenship of the Russian Federation or a foreign state - a party to an international treaty of the Russian Federation, in accordance with which a foreign citizen has the right to be in the municipal service; 7) the presence of citizenship of a foreign state that is not a party to the specified international treaty of the Russian Federation; 8) submission of forged documents or deliberately false information when entering the service; 9) failure to provide information established by the Federal Law "On municipal service in the Russian Federation" or submission of knowingly false information about income, property and obligations of a property nature; 10) reaching the age of 65 years. Municipal employee prohibited: 1) be a member of the management body of a commercial organization; 2) to fill the position of the municipal service in the event of election or appointment to a public position of the Russian Federation, a constituent entity of the Russian Federation or a public service position or a municipal position; election to a paid elective position in the body of the trade union; 3) engage in entrepreneurial activities; 4) to be an attorney or a representative for third parties in the LSG body of the election commission of the MO, in which he replaces the position of the municipal service or which are directly subordinate or controlled by him; 5) receive in connection with the official position or in connection with the performance of official duties remuneration from individuals and legal entities; 6) use for purposes not related to the performance of official duties, means of material, technical, financial and other support, other municipal property; 7) disclose or use for purposes not related to the municipal service, information classified as information of a confidential nature, or official information; 8) allow public statements, judgments and assessments regarding the activities of the LSG body of the election commission of the MO and their leaders, if this is not part of his official duties; 9) use the advantages of their official position for pre-election campaigning, as well as for campaigning on referendum issues; in the interests of political parties, religious and other public associations; 10) create structures of political parties, religious and other public associations (with the exception of trade unions, veterans and other bodies of public amateur performance) in LSG bodies and other municipal bodies; 11) terminate the performance of official duties in order to settle a labor dispute; 12) be a member of management bodies, boards of trustees or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural divisions operating on the territory of the Russian Federation, etc. 40. Legal regulation of financial and economic activities of LSG. According to the Federal Law "On the general principles of the organization of local self-government in the Russian Federation" economic basis of LSG constitute municipal property, local finances, property owned by the state and transferred to the management of LSG bodies, as well as, in accordance with the law, other property that serves to meet the needs of the population of the MO. The economic basis of LSG is natural resources (land, its subsoil, water, forests, flora and fauna), municipal and other property, which serves as a source of income for LSG bodies and meets the needs of the population of the corresponding MO. LSG bodies have the right to create enterprises, institutions and organizations of any organizational and legal forms in accordance with the legislation. The principle of self-sufficiency of own funds as a condition for the implementation of LSG is of great importance in the organization of LSG, which is also confirmed by the experience of foreign countries in which each municipality has property, its own sources of income in the form of local taxes or a clearly fixed share of national taxes. At present, providing the financial and economic basis of local self-government is still not enough. The widest opportunities for the formation of the financial and economic basis for the activities of LSG bodies were opened by the adoption of the Federal Law "On the financial foundations of local self-government in the Russian Federation" and "On the features of the issue and circulation of state and municipal securities." These normative legal acts have fixed the foundations of the financial and economic independence of local self-governments. One of the important components of the economic basis of LSG is municipal property. Municipal property is the property of the population living in the respective territory. According to the law municipal property includes local budget funds, municipal off-budget funds, property of LSG bodies, as well as municipal lands and other natural resources owned by municipalities, municipal enterprises and organizations, municipal banks and other financial and credit organizations, municipal housing stock and non-residential premises, municipal educational institutions, health care, culture and sports, other movable and immovable property. Municipal property may include land plots, mining allotments, natural objects (reservoirs, forests, meadows, etc.), securities and other financial assets, non-residential premises, enterprises, other property complexes, institutions of public education, culture, healthcare, as well as property necessary to meet the communal, social and cultural needs of the population of the relevant territory. municipal property to the ground is formed by gratuitous transfer by state authorities of the Russian Federation and its subjects of state lands located within the boundaries of the territory subordinate to local self-government in the manner prescribed by current legislation. 41. The main subject of the right of municipal property, features of its implementation The main subject of municipal property law The Constitution of the Russian Federation determined MO population, which owns, uses and disposes of municipal property. This fundamental provision was further developed in the Civil Code of the Russian Federation: urban and rural settlements and other municipalities were declared subjects of municipal property rights. Thus, the subjects of municipal property are various municipal (public-legal) entities in general, and not their governing bodies. In addition, the principal orientation on a clear delineation of state and municipal property was confirmed. On behalf of the relevant municipality - the owner - its powers and in accordance with its competence, management of municipal property can be exercised by one or another of its bodies, as well as by their special instructions and on their behalf - legal entities and citizens, which does not make them the owners of the relevant property. The bodies of the Ministry of Defense may act in property turnover as independent legal entities - municipal institutions that have an independent real right of operational management of the property assigned to them. Part of this property - in cash - they will be responsible for their obligations. When they exercise the powers of the owner - MO - they get the opportunity to one way or another to dispose of the property of this owner, coming. retiring or constituting its treasury, and it is the property of the treasury, primarily the funds of the corresponding budget, that forms the basis for the independent property liability of such a municipal owner for its debts. Municipal property is divided into two parts: 1) property that is in municipal ownership and assigned to municipal enterprises and institutions for possession, use and disposal; 2) local budget funds and other municipal property not assigned to municipal enterprises and institutions that make up the municipal treasury of the corresponding urban, rural settlement or other MO. From the point of view of the interests of property turnover, such a division of municipal property has its own characteristics - primarily to justify the separate property liability of the MO and legal entities created by it for their debts. Features of participation in the civil circulation of the MO: 1) the rules governing the creation and liquidation of a legal entity cannot be applied to the MO; 2) the composition of the property of the MO, with which it is responsible for its obligations, does not include property that is assigned to the legal entities created by them on the basis of the right of economic management or operational management, as well as property that can only be in municipal ownership; 3) foreclosure on land and other natural resources that are in municipal ownership is allowed only in cases provided for by law. 42. Features of the privatization of municipal property Privatization - alienation (transfer) of property, mainly immovable property, from municipal property to private property of citizens or legal entities in the manner and under the conditions provided for by special legislation. Proceeds from privatization objects of municipal property are received in full to the local budget. The following are currently being used ways of privatization: 1) gratuitous transfer of shares of joint-stock companies of open type, created in the process of privatization, to employees of these enterprises and persons equated to them in accordance with established benefits; 2) sale of shares of joint-stock companies of open type created in the process of privatization (to employees of enterprises and persons equated to them by closed subscription in accordance with established benefits, by investment competition, commercial competition, at an auction, at a specialized auction for the sale of shares); 3) sale of enterprises that are not joint-stock companies (at auctions, commercial and investment tenders); 4) redemption of leased property, sale of enterprises to partnerships in accordance with established benefits. The Civil Code of the Russian Federation establishes the procedure for the purchase of land plots for municipal needs, if these are not enough for the development of settlements. Land plots may be withdrawn from their owners by decision of federal bodies and executive authorities of the constituent entities of the Russian Federation. The decision to withdraw is subject to state registration. The redemption price, terms and other terms of the redemption are determined by agreement with the owner of the site. By agreement with the owner, he may be provided with a plot in return, with its value included in the redemption price. The rights of the owner in relation to the property that is part of the municipal property, on behalf of the Moscow Region, they are carried out by local self-government bodies, and in cases provided for by the laws of the subjects of the Russian Federation and the charters of the Moscow Region, by the population directly. Local self-government bodies, in accordance with the law, have the right to transfer objects of municipal property for temporary or permanent use to individuals and legal entities, rent them out, alienate them in accordance with the established procedure, and also make other transactions with property in municipal ownership, determine the conditions in contracts and agreements use of objects being privatized or transferred for use. Local self-government bodies, in accordance with the law, may, in the interests of the population, also establish conditions for the use of lands located within the boundaries of the municipality. The procedure and conditions for the privatization of municipal property are determined by the population directly or by the representative bodies of LSG independently in accordance with the provisions of the charter. Incomes from privatization of objects of municipal property come in full to the local budget. LSG bodies also have the right, in accordance with the law, to create enterprises, institutions and organizations for the implementation of economic activities, to resolve issues of their reorganization and liquidation, based on the needs of the population. 43. Relations between LSG bodies and organizations that are in municipal ownership LSG bodies independently determine the goals, conditions and procedure for the activities of enterprises, institutions and organizations that are in municipal ownership, regulate prices and tariffs for their products (services), approve their charters, appoint and dismiss the heads of these enterprises, institutions and organizations, hear reports about their activities. 1. Acts as the owner on behalf of the population representative body, disposal and management of objects of municipal property is carried out by the local administration in accordance with the rules established by the charter of local self-government and the current legislation. 2. In accordance with the distribution of competence LSG bodies have the right: a) transfer objects in municipal ownership for possession and use (permanent or temporary), lease them, sell, alienate them in the manner and on the terms provided for by the legislation and legal acts of the representative body issued within the competence; b) dispose of local budget funds, extra-budgetary and foreign exchange funds; c) to establish, in the event of the alienation of municipal enterprises, restrictions for a certain period on the re-profiling of these enterprises, as well as on changing the range of their products; d) demand from the relevant authorities the transfer or sale into municipal ownership of enterprises, their structural divisions, as well as other state-owned property, if they are of particular importance for ensuring the communal, social and cultural needs of the population of a given territory, the functioning of its economic complex; e) receive full compensation for the damage caused in the event of the alienation of objects of municipal property into state ownership, etc. LSG bodies have preferential right over state bodies to acquire in the manner prescribed by law, buildings, structures and other objects located on their territory that can be used for local needs. 3. Bodies of local administration, within their competence, manage objects of municipal property, and also dispose of the funds of the corresponding local budget. 4. Property that is municipal property and assigned to a municipal enterprise belongs to the enterprise on the right of economic management. 5. Property that is municipal property and assigned by the owner to an institution financed by the municipal budget is in the management of this institution. 6. The list of objects of municipal property, the disposal of which is carried out with the consent of the representative body, as well as the amount of the contribution of LSG bodies to the property of enterprises from budgetary funds, are established by the relevant representative body. Material and technical support of LSG bodies and municipal enterprises and organizations is carried out on the basis of direct economic relations, wholesale and retail trade. 44. The right of operational management of LSG bodies The right of operational management - this is the right to own, use and dispose of the owner's fixed property within the powers established by law, in accordance with the goals of its activities, the requirements of the owner and the purpose of the property. LSG bodies exercise the right of operational management in relation to unitary enterprises according to the principles: 1) indivisibility of the property of a unitary enterprise; 2) material interest of employees of enterprises (their economic incentives); 3) creation of funds of these enterprises at the direction of the state; funds do not become an object of shared or other property of employees, but belong to the state until the moment of payment to specific persons; 4) formation of an authorized fund, the amount of which cannot be less than the minimum specified by a special law. In the absence of such a law, the general rule on the procedure for state registration of business entities remains in force, according to which the size of the authorized capital fund of the capital of a municipal enterprise should not be less than an amount equal to a thousand times the minimum wage per month established by law on the date the company's charter is submitted for registration. ; 5) state registration of the charter of the enterprise as the only constituent document of such a legal entity; the charter of the enterprise must contain the name of the enterprise, its location, the procedure for managing activities, the subject and goals of the activity, the size of the authorized fund, the procedure and sources for its formation; 6) unity of command, i.e. the governing body of such an enterprise is its sole head (director), appointed by the state and accountable to it, and not to the general meeting of the collective or any other similar body; 7) the state seizes excess unused or misused property and disposes of it at its own discretion. The LSG body has the right to alienate or dispose of the property of such a unitary enterprise only with the permission of the state. 45. Relations of LSG bodies with individuals and legal entities that are not in municipal ownership Decisions adopted by LSG bodies are binding on all individuals and legal entities carrying out their activities, regardless of the form of ownership. On issues that are not within the competence of LSG bodies, their relations with enterprises, institutions and organizations that are not in municipal ownership, as well as with individuals engaged in entrepreneurial activities, are built on the basis of contracts. LSG bodies, in accordance with the law, have the right to coordinate the participation of enterprises, institutions and organizations that are not in municipal ownership in the integrated socio-economic development of the territory of the municipality. LSG bodies are not entitled to establish restrictions on the economic activities of enterprises, institutions and organizations, with the exception of cases provided for by the Federal Law and the laws of the constituent entities of the Russian Federation. Powers of LSG bodies: 1. LSG bodies promote the development of entrepreneurial activity in the territory under their jurisdiction. 2. LSG bodies are not entitled to establish restrictions on the import and export of products and goods outside the relevant territory or other restrictions on economic activity, except as otherwise provided by law. 3. Economic relations of LSG bodies with enterprises, institutions, organizations that are not part of municipal property are built exclusively on a contractual basis. 4. Representative bodies have the right to establish, in accordance with the legislation, tax and other benefits and advantages for enterprises within the limits of the amounts of taxes and other payments credited to the income of the corresponding local budget. 5. The use of natural resources by enterprises in the relevant territory is carried out with the consent of the relevant local self-government body in accordance with the division of competence between local self-government bodies, determined by legislation or the charter on local self-government. 6. The conditions for the use of mineral deposits located in a self-governing territory are determined by the legal normative acts of the representative body in accordance with federal legislation and the legislation of the constituent entities of the Russian Federation. LSG bodies, in accordance with the law, act customer for work for the improvement of the territory of the municipality, public services for the population, the construction and repair of social infrastructure facilities, the production of products, the provision of services necessary to meet the domestic and socio-cultural needs of the population of the corresponding territory, for the performance of other works using the own material and financial resources provided for this. The municipal order may be determined on a competitive basis. 46. Financial bases of LSG LSG financial resources consist of funds from the local budget, extra-budgetary and foreign exchange funds, funds to compensate for additional expenses arising as a result of decisions taken by state authorities, received credit resources, subsidies and subventions from state authorities, as well as funds from TSU bodies. During the transitional period in the formation and approval of draft budgets of municipal districts for 2006-2008. the funds of the regional funds for the financial support of settlements can be distributed using indicators of actual income and expenses for the reporting period or forecasted for the planned period of income and expenses of the budgets of settlements. During the transition period grants from regional financial support funds municipal districts (urban districts) provided for in the budgets of the constituent entities of the Russian Federation can be distributed using indicators of actual or projected revenues and expenditures of the budgets of municipal districts (urban districts): 1) in 2006 - in the amount of up to 100% of the total volume of funds of these funds; 2) in 2007 - in the amount of up to 80% of the total volume of funds of these funds; 3) in 2008 - in the amount of up to 50% of the total funds of these funds. In the European Charter on LSG to ensure the financial basis for the organization and activities of local self-government, it is proposed to be guided by the following provisions: 1. Local self-government bodies have the right, within the framework of the national economic policy of the state, to possess sufficient financial resources of their own, which they can independently manage in the implementation of their functions and tasks. 2. The financial resources of LSG bodies must be sufficient for the exercise of powers determined by law. 3. Part of the financial resources of local self-government bodies should come from local fees and taxes, the rates of which local self-government bodies have the right to establish within the limits determined by law. 4. The financial sources on which the funds of LSG bodies are based must be diverse and flexible in order to be adequate to changes in costs arising from the exercise of the competence of local bodies. 5. Legal measures ensure the protection of financially unstable LSG bodies by introducing financial equalization procedures or other equivalent measures designed to correct the results of an uneven distribution of potential sources of financing for local bodies and, accordingly, their costs. However, these procedures and measures should not restrict the freedom of choice of LSG bodies within their competence. 6. The procedure for providing redistributed funds must be coordinated in a certain way with the LSG body. 7. The provision of subsidies should not go to the detriment of the freedom of choice of LSG bodies in the area of their own competence. The most important issue for the existence of LSG is their financial limitation. The vast majority of municipalities are not able to ensure the implementation of municipal programs only through local taxes and fees, although at present many countries have dozens of types of local taxes and fees as sources of income. 47. Local budget and local taxes Local budget - this is the budget of the Ministry of Defense, the formation, approval and execution of which is carried out by the representative bodies of LSG. Local taxes and fees - taxes and fees, which are independently established by the representative bodies of LSG in accordance with the laws of the Russian Federation and its subjects. In addition, the Constitution of the Russian Federation stipulates that public authorities, while empowering local self-government bodies with separate powers, also transfer the material and financial resources necessary for their implementation, compensating for additional costs arising as a result of their decisions. These constitutional provisions were developed in the Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation": 1) local budgets may include, as an integral part of the cost estimate, individual settlements and territories that are not municipalities; 2) the main sources of income to the local budget are regulated; its revenue side includes local taxes, fees and fines, as well as deductions from federal taxes and taxes of the constituent entities of the Russian Federation in accordance with the standards established by the Federal Law and the laws of the constituent entities of the Russian Federation, fixed on a long-term basis; financial resources transferred by state authorities to LSG bodies for the implementation of certain state powers; proceeds from the privatization of property, from the lease of municipal property, from local loans and lotteries, part of the profits of municipal enterprises, institutions and organizations, subsidies, subventions, transfer payments and other receipts in accordance with the law and decisions of LSG bodies, as well as other funds, formed as a result of the activities of LSG bodies; 3) it is noted that the amount of excess of revenues over expenditures of local budgets based on the results of the reporting year is not subject to withdrawal by the federal executive authorities, executive authorities of the constituent entities of the Russian Federation; 4) it has been established that in the revenue and expenditure parts of local budgets, financing is provided separately for resolving issues of local importance and for the exercise by local self-government bodies of certain federal powers, powers of subjects of the Russian Federation; 5) it is determined that the state authorities of the Russian Federation and its subjects provide minimum standards for local budgets. Minimum standards for local budgets - this is the estimated amount of income and expenditure of local budgets, providing coverage of the minimum necessary expenses, - not lower than the minimum state social standards (defined by law), i.e. basic social needs of citizens, the satisfaction of which is guaranteed by the state. When determining the minimum local budget, the state also takes into account social norms - single or group indicators of the minimum necessary provision of the population with the most important housing, communal, socio-cultural and other services in kind (their monetary value is financial norms). Let us highlight the right of local self-government bodies to receive payments, including in kind, from users of natural resources that are mined in the territory of the municipality, as well as the right of local self-government bodies to form municipal off-budget funds and participate in credit relations. 48. Forms and methods of state control over compliance by LSG bodies with the tax and budgetary legislation of the Russian Federation and its subjects The state exercises control over the observance by LSG bodies of the tax and budgetary legislation of the Russian Federation and its subjects. Indicators of the financial activity of local self-government bodies, municipal enterprises and organizations are subject to registration by state statistics bodies in the manner prescribed by law. State authorities of the Russian Federation and its subjects guarantee: - assignment to the MO on a permanent basis, in whole or in part, of federal and regional taxes within the limits that ensure the share of own revenues of local budgets in the total volume of own and regulatory revenues (excluding grants, subventions and other financial support) in the amount of at least 70%; - the right of LSG bodies to independently determine the directions for the use of local budget funds; - the right of LSG bodies to independently manage the free balances of local budget funds formed as a result of an increase in income or cost savings; - compensation for lost income and increased expenses resulting from laws or other decisions adopted by federal executive authorities or executive authorities of the constituent entities of the Russian Federation. Each MO has its own budget and the right to receive funds from the federal budget and the budgets of the constituent entities of the Russian Federation in the manner of budgetary regulation. The local budget in the Russian legislation is understood as the budget of the municipality, the formation, approval and execution of which is carried out by local self-government bodies. Under budgetary regulation - the redistribution of funds in order to ensure the minimum required level of income in local budgets. local finance include funds from local budgets, municipal non-budgetary (including foreign exchange) funds, securities owned by local self-government bodies, and other financial resources used to perform the functions of local self-government bodies. Their formation and use are carried out on such principles as: - independence; - financial support of LSG by the state; - the rights of the owner in relation to local finances, exercised by local self-government bodies or directly by the population of the Moscow Region; - protection of local finances by the state. Income part local budgets consists of own revenues and proceeds from regulatory revenues. As a rule, in modern conditions, local budget revenues also include grants, subventions, funds for mutual settlements with other budgets, borrowed funds. Another part of the local budget is the cost estimate. Own revenues of local budgets - these are incomes assigned to local budgets in full or in a certain part on an ongoing basis by the Federal Law or the laws of the constituent entities of the Russian Federation, as well as introduced by the representative bodies of LSG and sent directly to local budgets. 49. Project development and implementation of the local budget Project development and implementation of the local budget carried out by the relevant local administration in accordance with applicable law, and within the limits of the costs provided for the maintenance of representative bodies, - independently by the representative body of LSG. Interference of other bodies and organizations in the process of developing, approving and executing the budget is not allowed, unless otherwise provided by law (for example, the availability of budget funding for the implementation of regional programs). The minimum size of the local budget in terms of current expenses is determined on the basis of maintaining the security of expenditures under the local budget in the previous financial year, taking into account the increase in expenditures caused by decisions of higher authorities and administration. In the absence of funds, coming from fixed sources, in order to carry out the functions assigned to local self-government bodies, the state authorities of the region decide on the transfer to the local budget in accordance with the current legislation of deductions from regulatory sources of income, as well as the provision of subsidies and subventions. In case of failure to provide compensation or guarantee obligations by state authorities and administrations, local self-government bodies of a higher territorial level, the representative body, on the proposal of the local administration, may decide not to implement this decision in the relevant territory. The appropriate bodies of state power and administration shall be immediately informed of such a decision. Such a decision on non-execution cannot be made in relation to decisions on liquidation of the consequences of natural disasters and in other cases of this kind in accordance with federal and regional legislation. Local budget revenues received additionally in the course of budget execution, as well as the excess of income over expenses resulting from overfulfillment of income or savings in expenses, remain at the disposal of the relevant LSG bodies, are not subject to withdrawal and are used at their discretion. 50. Revenues of local budgets The revenue part of local budgets consists of: a) from their own income and receipts; b) financial assistance in various forms (grants, subventions, funds from the financial support fund for municipalities), etc. К own income local budgets include: 1) local taxes and fees, other own revenues of local budgets (land tax, tax on property of individuals); 2) shares of federal taxes and shares of taxes of subjects of the Russian Federation assigned to local budgets on a permanent basis. These taxes and fees are transferred by taxpayers to local budgets (a part of the corporate income tax within the average of at least 5% for a constituent entity of the Russian Federation, a part of VAT on domestically produced goods, a part of excises, etc.); 3) income from privatization and sale of municipal property; 4) at least 10% of income from the privatization of state property located on the territory of the municipality, carried out in accordance with the state privatization program; 5) income from the lease of municipal property, including the lease of non-residential premises, and municipal land; 6) payments for the use of subsoil and natural resources, established in accordance with the legislation of the Russian Federation; 7) income from holding municipal money and clothing lotteries; 8) fines to be transferred to local budgets in accordance with federal laws and laws of subjects of the Russian Federation; 9) state duty established in accordance with the legislation of the Russian Federation; 10) not less than 50% of the property tax of enterprises (organizations); 11) income tax from PBOYULov. 51. Expenses of the budgets of the territories of LSG: the concept of subsidies, subventions and budgetary regulation Territorial budget expenditures Local self-governments are carried out at the expense of their own income, as well as subsidies and subventions received from the budgets of a higher territorial level. Subsidies - funds provided to local budgets from the federal budget and the budget of a constituent entity of the Russian Federation in the manner of budgetary regulation without special purpose. Budget regulation - this is the process of distributing income and redistributing funds between budgets of different levels in order to equalize the revenue base of local budgets, carried out taking into account the state minimum social standards. Subventions - funds allocated for specific purposes and for a certain period of time by the Ministry of Defense from the federal budget, the budget of a constituent entity of the Russian Federation and subject to return if they are not used for their intended purpose within the established period. LSG bodies independently: 1) determine directions for the use of local budget funds; 2) increase, based on available funds, the norms of expenses for the maintenance of housing and communal services, healthcare institutions, public education, social security, culture, sports, law enforcement agencies, nature protection; direct the income from the tax from the owners of vehicles to the designated purpose for the development of transport communications; 3) establish additional benefits and allowances for certain categories of the population in need of social protection; 4) form reserve and target funds; 5) establish the amount of expenses for the maintenance of the formed bodies. The decisions listed above are made by representative bodies upon submission or if there is a conclusion of the local administration on the availability of financial resources for the implementation of these decisions. Executive bodies of LSG can invest free funds in economic activities, in shares, securities, and also provide interest-bearing and interest-free loans in accordance with the established procedure. The local budget provides for the amounts necessary to repay loans, debts and pay interest on them. LSG financial resources can be contractually merged with funds enterprises, institutions, organizations and citizens to finance the construction, repair and maintenance of social and industrial infrastructure facilities. In addition to budgetary financial resources, LSG bodies also have off-budget (including currency) funds. Extra-budgetary funds of the MO are created only for targeted purposes. The right to their education is the exclusive competence of the representative bodies of LSG. They independently, in accordance with the legislation of the Russian Federation and its constituent entities, approve the regulation on an extra-budgetary, including currency, fund, establish the procedure for the formation and use of the funds of these extra-budgetary funds and control over their use, involving auditors for these purposes. 52. Sources of formation of municipal off-budget funds Municipal non-budgetary funds are formed through the following sources: 1) voluntary contributions of legal entities and individuals; 2) income from auctions, with the exception of income from the privatization of enterprises, the sale of property (assets) of operating, liquidated and liquidated enterprises of municipal property, as well as unfinished construction projects; 3) fines for environmental pollution, irrational use of natural resources and other violations of environmental legislation, sanitary norms and rules, as well as payments compensating for the damage caused. The amounts of these fines and payments are used for their intended purpose for carrying out environmental, preventive and recreational activities; 4) fines for damage and loss of historical and cultural monuments that are in municipal ownership, other violations of the legislation on the protection of these objects, as well as payments compensating for the damage caused. The amounts of these fines and payments are used to carry out measures to restore and maintain intact historical and cultural monuments that are in municipal ownership; 5) other income of off-budget funds in accordance with the legislation of the Russian Federation. Municipal Monetary Fund is formed at the expense of voluntary foreign exchange contributions of legal entities and individuals and other receipts. Taxes and other payments provided for by legislative acts of state authorities and legal acts of local self-government bodies for crediting to the local budget cannot be directed to municipal extra-budgetary funds. Funds from off-budget funds are in special accounts opened by the LSG body and (or) the management body of the off-budget fund in banking institutions are not subject to withdrawal and are spent in accordance with the intended purpose. The right to dispose of funds off-budget fund, in accordance with the regulation on this fund, belongs to the LSG body or, if it is provided for by the regulation, to the management body of this fund. The management body of an extrabudgetary fund may include representatives of LSG bodies, interested enterprises, institutions and organizations, and other interested persons. To financial means of budgetary regulation local budgets, the legislation of the Russian Federation includes: 1) a part of federal and regional taxes transferred to local budgets according to the standards approved by the state authorities of the constituent entities of the Russian Federation in the manner of budget regulation for the planned year; 2) grants and subventions from the budgets of the constituent entities of the Russian Federation, and under federal programs - from the federal budget; 3) funds allocated from the budgets of the constituent entities of the Russian Federation for financial support of municipal municipalities by local budgets for mutual settlements at the expense of the federal budget and the budgets of the constituent entities of the Russian Federation. 53. Distribution of funds of the financial support fund of the Ministry of Defense and their budgetary regulation The distribution of funds from the financial support fund of the Moscow Region is regulated by the Federal Law "On the general principles of organizing local self-government in the Russian Federation." Publicity principles in the interbudgetary relations of the Moscow Region and the constituent entities of the Russian Federation, they assume that clear and acceptable criteria for the population of the Moscow Region are established for determining the standards for deductions from regulatory revenues, the share (in percent) of LSG bodies in the total financial support of the Moscow Region, the amount of financial assistance in various forms allocated to those in need of it MO, with appropriate argumentation, informing LSG bodies about the projected and approved indicators of budgetary regulation. Along with the principle of openness in the implementation of budgetary regulation you must: - combine interests between all levels of the budget system; - provide, by distributing taxes on a permanent basis (in full or in a fixed share) between the links of the budget system, with the sufficiency of the tax potential, the minimum required level of own revenues of local budgets; - apply by the constituent entities of the Russian Federation a methodology that is uniform for all MOs, taking into account their individual characteristics, when determining the amount of financial assistance, as well as the share of regulatory taxes and taxes fixed on a permanent basis; - equalize through budgetary regulation to the minimum required level the per capita budget revenues of the municipalities that do not have sufficient tax potential; - reduce, if possible, counter financial flows; - to compensate local budgets for a decrease in revenues or an increase in expenditures as a result of decisions made by state authorities; - to equalize the development of medical organizations lagging behind for objective reasons to the minimum required level; - to increase the interest of LSG bodies in increasing their own revenues in local budgets; - ensure mutual responsibility between the links of the budgetary system for compliance with obligations under interbudgetary relations. Regulating revenues of local budgets are federal and regional taxes, according to which the rates of deductions (as a percentage) to local budgets in the order of budgetary regulation in excess of their own revenues are established. 54. Sizes of federal and regional taxes assigned to local budgets on a permanent basis From federal and regional taxes for local budgets fixed on a permanent basis: 1) at least 50% of the tax on the property of legal entities; 2) payments for the use of subsoil and natural resources in accordance with the legislation of the Russian Federation; 3) part of the proceeds from the privatization of state property in accordance with the state privatization program; 4) income tax from individuals engaged in entrepreneurial activities; 5) a part of income tax from individuals within the limits of at least 50% for each MO; 6) part of the tax on profits of enterprises and organizations within the limits of at least 5% on average for a constituent entity of the Russian Federation; 7) part of the value added tax on domestically produced goods (with the exception of precious metals and precious stones sold from the State Fund of Precious Metals and Precious Stones of the Russian Federation), within the limits of at least 10% on average for the constituent entity of the Russian Federation; 8) part of the excises on alcohol, vodka and alcoholic beverages within the limits of at least 5% on average for the constituent entity of the Russian Federation; 9) a part of excise taxes on other types of excisable goods (except for excise taxes on mineral raw materials, gasoline, cars, imported excisable goods) within at least 10% on average for a constituent entity of the Russian Federation. Subsidies to local budgets - funds allocated to local budgets in a fixed (absolute) amount from the budgets of the constituent entities of the Russian Federation in the manner of budgetary regulation without special purpose. Subventions to local budgets - amounts allocated for specific purposes and for a certain period of time to local budgets from the federal budget of the constituent entities of the Russian Federation. As a rule, main forms of financial support MO are grants and subventions. The procedure for their provision and the amount, including the funds allocated for financial support of the MO, are established by the state authorities of the constituent entities of the Russian Federation and are used to finance the expenditures of the minimum local budget in case of insufficient tax potential of their own revenues and regulation of the amount of taxes in the territory of the MO. Subventions are provided for investment projects and targeted programs that have passed the examination and have received the approval of LSG bodies, and other specific purposes. The state authorities of the constituent entities of the Russian Federation develop regulations on the conditions and procedure for the submission, consideration and approval of investment projects and programs, exercise control over the intended use of the allocated funds, including on the basis of the submission by the recipient of the subvention of mandatory reporting in the prescribed manner. For additional replenishment of the revenue part of local budgets, it is necessary to attract funds from investors for the implementation of programs for the socio-economic development of the Moscow Region. Attracting such funds is carried out by concluding agreements between investors and LSG bodies. 55. Costs and possible sources of replenishment of the local budget Sources of replenishment of the local budget may also become: 1) purchase by LSG bodies at the expense of extra-budgetary funds of state and non-state securities, shares and bonds with the obligatory transfer of income on them to the local budget; 2) issue of municipal loans and conclusion of loan agreements within the amounts established by the representative body of LSG. Income from municipal bonds is exempt from taxation. The payment of interest and the repayment of debt on municipal loans are provided at the expense of local budgets, and in case of insufficiency of these sources - at the expense of the relevant off-budget funds. LSG bodies can be provided on a contractual basis loans based on the agreed conditions and within the limits established by the representative bodies of LSG. Specific conditions for the provision and repayment of loans are determined by an agreement concluded between the LSG body and the bank. Local self-government bodies have the right to receive from the local budget the provisions of the laws of the Russian Federation and the laws of its subjects taxes from branches and representative offices, whose main enterprises are located in their territories. Decisions on one-time voluntary collections of funds from citizens to finance the regulation of emerging difficulties of local importance can also be taken by representative bodies of local self-government or directly by the population. Based on the fact that the budget of the MOD consists of a minimum budget and a development budget, the costs are respectively divided into current costs and costs associated with the development of the MD. Such a division is traditional not only for the practice of financial activities of LSG bodies of our country, but also for foreign countries. to current expenses include the costs of maintaining and overhauling the housing and communal services of the Moscow Region, educational institutions, science, culture, physical culture and sports, social support for the population, maintenance of public passenger transport and other costs that are not included in the development budget. Expenditure part of the development budget, as a rule, it includes allocations for investment and innovation activities related to capital investments in the socio-economic development of the municipality, other expenses for expanded reproduction. At the same time, the expenditures of the Ministry of Defense can be classified depending on what powers they are directed to. In particular, among the powers of LSG bodies, there are their own powers related to the solution of problems of local importance, as well as those delegated by state authorities. With this in mind, the expenditure part of the local budget includes: 1) expenses associated with the performance of the functions of LSG bodies; 2) expenses related to the implementation of state powers delegated to LSG bodies. In conclusion, it should be noted that LSG bodies are responsible for the execution of local budgets. They submit reports on the execution of local budgets in accordance with the procedure established by law and the charter of the Moscow Region. 56. Powers of representative bodies to make a decision on the formation of targeted extra-budgetary funds Representative bodies have the right to decide on the formation of target extra-budgetary funds, which include: 1) voluntary contributions and donations from citizens, enterprises, institutions and organizations; 2) fines levied for receipt by enterprises and organizations of unjustified profits (income) due to overpricing (tariffs) for products (works, services); 3) fines for environmental pollution and irrational use of natural resources and for other violations of environmental legislation, sanitary norms and rules, as well as payments compensating for the damage caused. The amounts of these fines and payments are used to carry out environmental and recreational activities; 4) fines for damage and loss of objects of historical and cultural heritage, other violations of the relevant legislation, as well as payments compensating for the damage caused. The amounts of these fines and payments are used to carry out activities to restore and maintain objects of historical and cultural heritage; 5) fines for administrative offenses committed on the territory of LSG; 6) other extrabudgetary funds. Taxes and other payments intended for crediting to the budget are not subject to direction to off-budget funds. Budget funds cannot be transferred to off-budget funds. Extra-budgetary funds are held in special accounts with banking institutions, are not subject to withdrawal and are spent by the local administration or the extra-budgetary fund management body in accordance with the regulations on extra-budgetary funds adopted by the representative body. Representative and executive bodies and other LSG bodies that are legal entities, right in the manner and within the limits established by legislation or a legal act adopted by a representative body of power: 1) use loans on a contractual basis for production and social purposes; 2) issue interest-bearing and interest-free loans to other LSG bodies, enterprises, institutions and organizations; 3) issue local loans for the development of social and industrial infrastructure; 4) create trust funds and transfer them to any bank as resources for lending to targeted programs and activities to solve territorial problems; 5) receive loans from commercial banks and credit institutions; 6) create financial and credit organizations and institutions (banks, insurance, investment and other companies), including using budgetary funds, in the manner prescribed by current legislation. Now implementation of this law is difficult due to the difficult economic condition of the vast majority of the constituent entities of the Russian Federation and the insufficiency of the legal framework. Almost ten constituent entities of the Russian Federation are donors, the rest receive various kinds of grants and subventions from the federal center. The legal regulation of the activities of LSGs is carried out mainly by the subjects of the Russian Federation, and they also provide financial and logistical assistance to LSGs. 57. Legal and political guarantees of LSG Legal guarantees of LSG: 1. The prohibition on restricting the rights of local self-government, established by the Constitution of the Russian Federation, the Federal Law "On the general principles of organizing local self-government in the Russian Federation", other Federal Laws. 2. Obligation of the following decisions for all subjects of law located on the territory of the Moscow Region, taken by direct expression of the will of citizens, decisions of local governments and local government officials: a) decisions made by direct expression of the will of citizens, decisions of local self-government bodies and officials, taken within their powers, are binding on all enterprises, institutions and organizations located on the territory of the municipality, regardless of their organizational and legal forms, as well as local self-government bodies and citizens ; b) decisions of LSG bodies and officials may be canceled by the bodies and officials that adopted them, or declared invalid by a court decision; c) non-fulfillment or improper fulfillment of decisions taken by direct expression of the will of citizens, decisions of bodies and officials of local self-government entails liability in accordance with the law. Political guarantees of LSG activities are an important prerequisite for its implementation. Under political guarantees local self-government should be understood as the democratic nature of the political regime in the country itself, which not only determines the granting of the right to local self-government to the population, but also provides it with all kinds of support and protection from state authorities. One of these guarantees as a result of which the principle of differentiation of competencies is implemented, is the nature of relations between the state and LSG. As the experience of political development in recent years shows, in the Russian Federation there has been a significant limitation of the scope of the state's powers, as a result of which decentralization of power is being carried out, although not always working to strengthen statehood. A clearly defined sphere of state competence in the Constitution of the Russian Federation creates the necessary political and legal space for the formation of democratic structures of civil society, the formation and development of LSG. The principle of ideological and political pluralism is recognized and constitutionally enshrined in Russia. In the course of municipal elections, political parties, socio-political movements, and electoral associations take an active part. Political pluralism and ideological diversity, being an integral part of the political guarantees of LSG, influence, although not always unambiguously, the implementation of a democratic regime of state structure and functioning at the local level. 58. Economic and social guarantees of LSG Economic guarantees - this is, first of all, the presence of municipal property and its own financial resources, the possibility of finding land and other natural resources in municipal ownership. LSG is real only when it is provided economically. This is confirmed by previous experience in our country and abroad. The lack of economic independence is the main reason for the lawlessness of LSG bodies. The budgetary system built on the redistribution of financial resources left no room for the independence of the Ministry of Defense. The functions of local Soviets were reduced to supporting their own life and financing social events at the expense of funds allocated from the state budget. Such budgetary regulation led to the complete dependence of local Soviets on higher authorities and administration, including those issues that were purely local in nature, could and should have been decided at the local level. The same situation exists in many MOs now. Among the main social guarantees of LSG, one should mention the development of the municipal social structure of society, the formation of the main social groups with certain socio-economic interests and needs, mainly the established institutions of civil society. As the practical experience of the activities of individual municipalities testifies, in solving various problems of local importance, as a rule, social communities that differ in their territories are interested. Hence, the main mechanism for taking into account the interests of individual communities and each resident individually becomes polycentric social organization. In the presence of many different organizational levels of the formation of local communities (for example, a microdistrict, street, quarter, village, district, city, etc.) that are legally entitled to local self-government, a system is being formed that can mitigate or eliminate conflicts of interest and support legitimate competition, allow various social issues in large and small municipalities. Special meaning under these conditions acquires activities of various committees, commissions, unions, associations (house and street committees, committees of public territorial administration, unions for a healthy environment, commissions for the development of humanitarian education, the study of the history of a street or district, etc.), which allow, on a contractual basis, not only to determine the interests of the population, to formulate their claims, but and implement LSG. The opportunity for people to represent their interests through civil society institutions means that they are able to think for themselves, communicate with other people and have common views on how to act in the interests of the local community. In such conditions, every person, citizen, first organizes himself, then learns to combine or coordinate his personal interests with public ones. 59. General social guarantees for residents of a closed administrative-territorial entity (ZATO) General social guarantees for citizens living and working under the special ZATO regime include: - an increased level of budgetary security of the population, social protection measures, benefits in wages, state insurance and employment guarantees established by the legislation of the Russian Federation, as well as decisions of the Government of the Russian Federation. - addressing the issues of resettlement and provision of housing for citizens who have lost their industrial, service connection with enterprises and (or) facilities, and if, according to the conditions of the special ZATO regime, further residence in it is limited for them; these issues are resolved in agreement with citizens by the relevant enterprise, facility, ministry or department, including at the expense of funds allocated by the Government of the Russian Federation for these purposes, with the subsequent transfer of these funds in the form of equity participation for construction to local self-government bodies in the places of proposed resettlement. Citizens moving to another place of residence receive: - compensation for the housing they have handed over to federal or municipal ownership at the prices prevailing in the given region per 1 sq. m. m of living space or are provided with housing according to established standards at a new place of residence in the manner established by the Government of the Russian Federation; - compulsory free state insurance for persons living or working in ZATOs in case of damage to their life, health and property due to radiation or other effects in the event of an accident at an enterprise and (or) facilities; - preservation of the average salary, taking into account the monthly severance pay and continuous work experience, for employees of enterprises and (or) facilities, other legal entities located on the territory of ZATOs, released in connection with the reorganization or liquidation of these organizations, as well as in the event of a reduction in the number or staff of these employees, for the period of employment (but not more than six months). The laid-off workers are provided with other benefits and compensation in accordance with the law, namely: the possibility of early (but not earlier than two years) retirement for the laid-off employees at their request in the event of the liquidation of enterprises and (or) facilities, as well as other legal entities located on the territory of ZATO, reduction in volumes or re-profiling of production, entailing a reduction in staff. Appeals of LSG bodies and officials are subject to mandatory consideration by public authorities, government officials, enterprises, institutions and organizations to which these appeals are directed. 60. Additional guarantees of LSG bodies, their elected officials, judicial protection of their rights The representative bodies of local self-government have the right of legislative initiative in the legislative body of a constituent entity of the Russian Federation. Federal law provides additional guarantees for deputies, members of the elected body of LSG. Their content can be reduced to the following main provisions: - creation of conditions for unhindered and effective exercise of powers; - protection of rights, honor and dignity; - determination of powers for a period of at least two years; - the established term of office cannot be changed during the current term of office; - legislative consolidation of the status of deputies, members of the elected body of LSG and elected officials of LSG and restrictions associated with the status of these persons is possible only on the basis of the Constitution of the Russian Federation, the Federal Law and the laws of the constituent entities of the Russian Federation; - deputies, members of elected bodies of local self-government, elected officials of local self-government on the territory of the Moscow region cannot be detained (except for cases of detention at the scene of a crime), subjected to a search at the place of residence or work, arrested, brought to criminal responsibility without the consent of the prosecutor of the constituent entity of the Russian Federation; - the presence of social guarantees associated with staying in these positions. Citizens residing in the territory of the Moscow Region, LSG bodies and officials have the right to file claims with a court or arbitration court to invalidate acts of state authorities and state officials, LSG bodies and officials of enterprises, institutions and organizations, as well as public associations that violate the rights of LSG . A special place among legal guarantees is occupied by judicial protection of LSG. "Local self-government bodies, - written in the European Charter of Local Self-Government, - should have the right to judicial protection to ensure the free exercise of their powers and compliance with the principles of local self-government enshrined in the constitution and legislation of the country." In Russian legislation, the judicial protection of local self-government is interpreted more broadly than it is provided for by the European Charter of local self-government. Judicial protection guaranteed not only for LSG bodies, but also for citizens living in the territory of the Moscow Region, and officials of LSG institutions and organizations, as well as public associations.
▪ Forensic medicine and psychiatry. Crib
Artificial leather for touch emulation
15.04.2024 Petgugu Global cat litter
15.04.2024 The attractiveness of caring men
14.04.2024
▪ site section Digital technology. Article selection ▪ Article Fresh legend, but hard to believe. Popular expression ▪ Ephedra mountain article. Legends, cultivation, methods of application ▪ Aladdin's lamp article. Focus Secret
Home page | Library | Articles | Website map | Site Reviews
www.diagram.com.ua |
We recommend interesting articles Section 
See other articles Section 
Latest news of science and technology, new electronics:
All languages of this page