Free technical library

State and municipal administration. Lecture notes: briefly, the most important

Directory / Lecture notes, cheat sheets

Comments on the article

Table of contents

1. Abbreviations and acronyms
2. Public administration: theoretical and methodological aspect (The essence of public administration. Forecasting, planning and programming in public administration)
3. The historical aspect of the theory of public administration
4. System of government bodies in the Russian Federation (The system of government bodies in modern Russia. Federal government bodies of Russia)
5. Public policy: content aspect (Methodology of state policy. The process of implementing state policy. Types and directions of state policy. Implementation of state policy in modern Russia)
6. Administrative reform in the Russian Federation (The essence and main components of administrative reform. The relationship of public administration reforms. Civil service reform)
7. Trends in the development of federal relations (Territorial organization of power and forms of government. Modern federalism: concept, principles, signs, criteria. Constitutional and legal foundations of modern Russian federalism. Features of the political-territorial organization of the Russian Federation. Stages of development of federal relations)
8. Organization of power in the constituent entities of the Russian Federation (System of regional state power. Legislative bodies of power of the constituent entities of the Russian Federation. Organization of executive bodies of state power in the constituent entities of the Russian Federation. The highest official of the constituent entity of the Russian Federation. Fundamentals of the activities of the highest executive body of state power of the constituent entity of the Russian Federation)
9. Efficiency of public administration (Theoretical and methodological approaches to determining efficiency. Conceptual models of efficiency. Integral indicators for assessing the effectiveness of public administration. Indicators of efficiency and effectiveness of government activities)
10. Domestic and foreign experience in organizing local government (Experience in the formation of local self-government in Russia. Comparative analysis of foreign experience of local self-government)
11. Constitutional and legal foundations of local self-government (Constitutional foundations of local self-government. Regulatory acts of federal government bodies in the system of legal foundations of local self-government. Regional legislation in the system of legal foundations of local self-government. Municipal legal acts)
12. Municipal entity as a socio-economic system
13. Forms of direct democracy in the system of local self-government (Forms of direct expression of the will of citizens at the local level. Territorial public self-government in the system of local self-government)
14. Local government system (Local self-government bodies: concept, types, general characteristics. Competence of local self-government bodies. Organizational structure of local administration: areas of improvement. Planning of local administration activities)
15. Financial and economic foundations of local self-government
16. Associations of municipalities as a form of intermunicipal cooperation

Abbreviations and acronyms

Constitution - The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993.

Russian Ministry of Defense - Ministry of Defense of the Russian Federation.

Ministry of Regional Development of Russia - Ministry of Regional Development of the Russian Federation.

Ministry of Finance of Russia - Ministry of Finance of the Russian Federation.

Ministry of Economic Development of Russia - Ministry of Economic Development and Trade of the Russian Federation.

EMERCOM of Russia - Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief.

in. - century(s).

GDP is gross domestic product.

VTsIK - All-Russian Central Executive Committee.

y. - year(s).

others - other(s).

Housing and communal services - housing and communal services.

Civil Registry Office - department of civil registration.

history - historical.

Ph.D. - candidate.

sq. m square meter.

million - million.

billion - billion N. e. - our era.

OK. - near.

OECD - Organization for Economic Cooperation and Development.

n. - point (s) pr. - other.

RG - Russian newspaper.

RSFSR - Russian Soviet Federative Socialist Republic.

rub. - ruble(s).

RF - Russian Federation.

Media - mass media.

CIS - Commonwealth of Independent States.

sociologist. - sociological.

USSR - Union of Soviet Socialist Republics.

Art. - article(s).

etc. - so on.

i.e. - that is.

etc. - the like.

thousand - thousand.

Central Bank of the Russian Federation - Central Bank of the Russian Federation.

hours - part (s).

legal - legal.

Topic 1. Public administration: theoretical and methodological aspect

1.1. The essence of public administration

Understanding the content of the institution of public administration is connected with the definition of the concept of "management". From the point of view of cybernetics, within the framework of which the regularities of control processes in all types of systems are studied, control - this is the transfer of an object of any system to a qualitatively new state or a change in this state to achieve the goal of the system. A necessary condition for the implementation of the management process is the presence of three mandatory elements: the subject of management, the object of management and the relationship that develops between them as a result of management. Management is characteristic of technical, biological and social systems. The problematic field of the academic discipline includes social management, i.e. management in which subject-object relationships develop between people. In relation to social systems, the definition of the concept of “management” takes on a qualitatively different character - it is the process of creating purposeful interaction between the subject and the object of management for the sake of achieving socially significant results [1]. The essence of social management is revealed through a triad of properties: goal setting, organization, regulation.

In modern science, there are various classification social management. Within one of them, the types of social management are distinguished based on the subject of management. Social management, the subject of which is the state (through the bodies of state power and administration and their officials), carrying out management activities in the established legal order, is public administration. Social management carried out by local governments on the basis of forms of direct expression of the will of citizens, for the purpose of self-organization of the latter and solving issues of local importance, is called municipal government. Management carried out by an entrepreneur or owner for the purpose of making a profit is management. So, public administration is a type of social management, the subject of which is public authorities and their officials, the object of which is social processes and relations.

The variety of definitions of the concept of “public administration” allows us to distinguish a broad and narrow interpretation of this social institution. In a narrow sense, public administration is identified with the sphere of functioning of executive authorities. In an expanded interpretation, this is the direct activity of all branches of government, their bodies and officials, to regulate social relations. The textbook is based on an understanding of public administration as the purposeful organizing and regulatory influence of the state (through the system of its bodies and officials) on social processes, relationships and people’s activities. The special properties of public administration include:

1) the presence of a specific subject - public authorities and their officials, the procedure for the formation and functioning of which is clearly regulated by the Constitution, federal legislation, and other regulatory legal acts;

2) the subject of government has power - public administration is a way of exercising state power, extends to the whole society;

3) the scale of public phenomena covered by the administration - public administration is aimed at coordinating the interests and actions of all citizens and social groups of society, meeting the needs of the entire population, and not individual citizens, at protecting common interests;

4) the right of the state to use coercive methods in the management process.

One of the problems of the formation of the methodology of public administration in Russia is the problem of the relationship between management (administration) and politics. Public administration as a management activity includes public administration and public administration.

Public Administration the practical activities of government bodies, the technological process of preparing, making and executing management decisions in the totality of methods and means by which the tasks of the state and its structures at various levels are solved, the direct and specialized influence of government bodies on the bodies and objects subordinate to them is carried out on the basis of administrative responsibility for implementation of decisions; public administrative management is interpreted as a type of state activity in managing the affairs of the state, within the framework of which the executive power, its bodies and officials are practically implemented at all levels of the state administrative structure [2]. Political management is the development of a strategy for state action, the formation of state image and behavior in international and domestic relations; it is not always aimed at solving socially significant problems.

At present, two opposing approaches to the problems under consideration have clearly emerged. Supporters of one believe that political and public administration are incompatible, the role of politics in public administration should be minimized; adherents of a different approach consider public administration as a way to implement political strategy. The situation in modern Russia, where the course towards the creation of a two-party political system is officially recognized and promoted, can be described as excessive politicization, rather "partization" of the state apparatus, and the clearest example of this is the activity of the United Russia party. At the same time, the world practice of public administration fixes that the absolute openness of the public service to party influence is possible and necessary only in a one-party system.

In the Russian science of public administration, three groups of factors are formulated that prevent the minimization of the scope of political functions of the civil service: firstly, the high level of radicalism of political confrontations in society, which makes it difficult to maintain the political neutrality of an official; secondly, the vulnerability of the official’s position, the dependence of his career on a possible change of leadership, which encourages him to make political choices, joining, in particular, election campaigns; thirdly, the financial dependence of an official, which encourages him to provide disinterested political services, often to the detriment of the performance of state functions [3]. Currently, the question of the relationship between politics and administration in the process of public administration remains open and relevant.

Goals state administration stem from the goals of the state and have a tiered structure, the construction of which is based on the principle of the "tree of goals", which makes it possible to trace the relationship and consistency of goals of different levels and content. The central place in the hierarchy of goals of public administration is occupied by the strategic level - the general direction of state policy. The process of achieving the strategic goal proceeds in stages. Taking into account changing conditions and available resources, for each time period, smaller goals are formulated - operational goals, the solution of which is associated with the setting of tactical or supporting goals. In the system of goals of public administration, the strategic level is focused on the long term, therefore it is the most static, tactical goals are dynamic, and are often adjusted.

The types of goals of public administration are formed on the basis of the principle of determinants, when in the process of setting goals one follows from the other. The main classification is based on the functions of the state and the spheres of society's life: the goals of socio-political development; goals of social development; economic, organizational, informational, explanatory goals, etc. Other classification criteria: scope of goals (general, private); results (end and intermediate goals); time perspective (immediate and long-term - short-term, medium-term, long-term goals), etc. The goals of public administration are formulated taking into account, firstly, their realism and solvability, and secondly, taking into account the sequence of achieving goals, i.e. setting new goals should be preceded by the achievement of previously formulated ones, thirdly, taking into account the possible adjustment of the goals put forward.

Control functions in general, it can be characterized as stable types of managerial activity of the subject, carried out to achieve the goal. The functions of public administration are the types of activities of state authorities and administration and their officials, performed in a certain normative manner, aimed at regulating social processes and relations and necessary to achieve the goals. Within the framework of management theory, the following functions are distinguished: analysis, goal setting, forecasting, planning and programming, organization, coordination, motivation (stimulation), control, regulation. In relation to public administration, they are general. Specific functions of public administration are, for example, state regulation of the economy, licensing, holding elections and referendums, etc. Some functions of public administration are focused on regulating exclusively the life of society - these are social and organizational functions, other functions are aimed at streamlining and improving the activities of public authorities and management are intraorganizational functions.

The variety of public administration functions is associated with the use of various methods for their implementation.

Methods of public administration represent ways of the state's imperious influence on the vector of development of public and state affairs. They show how the state influences and controls people's behavior. Based on the methods and techniques that are used by the subjects of public administration to achieve their goals and perform functions, the following groups of methods are distinguished.

1) Administrative methods - regulatory requirements of the state, obliging both subjects and objects of state administration to act in a certain way. They are based on the order of the subject of management, their failure to comply entails bringing to various types of responsibility.

Examples. Every working citizen of Russia is obliged to pay taxes to the budgets of different levels, to exchange the passport of a citizen of the Russian Federation at the age of 20 and 45, the state develops certain rules, a package of documents, etc. for this. Civil servants are required to submit an income declaration for the past calendar year up to 30 April of the current year.

2) Economic methods are ways of creating certain conditions by the state in which it is beneficial for the managed object to act as the state wants. Such methods are based on the presence of citizens, organizations and the state of material interests that determine their actions, and the degree of economic activity is determined by the development and volume of material incentives.

Examples. Development and implementation of state tax policy; tax incentives, for example, in order to increase the share of foreign investment in the Russian economy, the practice is to reduce the tax rate on foreign capital, "tax holidays" for specific enterprises. Stimulation of the development of the private sector of the Russian economy is achieved, among other things, through the provision of state property for rent, concession. Another example is the system of state social security - the payment of increased and nominal scholarships, pensions.

3) Ideological methods are the purposeful moral and ethical influence of the state on the consciousness of people, propaganda and agitation by the state. Another applied name for this group of methods is socio-psychological.

Examples. A classic example is the warning of the Ministry of Health and Social Development of the Russian Federation about the dangers of smoking, which must be indicated on every pack of cigarettes. Social advertising, which has become a part of the life of Russian society and is aimed at the formation of civic consciousness and law-abidingness: "Pay taxes and sleep well"; "Slipping through the red light, you can say goodbye to the white" and so on; promotion of healthy lifestyles.

4) Legal methods are methods of state administration performed within the limits and in accordance with the procedure established by the Constitution, laws and other legal acts in force on the territory of the country. Among the legal methods, one can single out legislation, state-administrative management, justice, and control.

Examples. Creation on the basis of Art. 80, 85 of the Constitution of the State Council of the Russian Federation as an advisory body under the President of the Russian Federation in order to facilitate the exercise of the powers of the President of the Russian Federation as head of state.

5) Non-legal methods. Among them, two subgroups are distinguished: organizational and technical, which are committed in accordance with legal norms, but their procedure is not regulated in detail by law, and illegal, which are committed in violation of current legislation.

Example. Organizational and technical non-legal methods are used in the activities of units of the Ministry of Emergency Situations of Russia in extreme conditions. Each emergency situation is unique, and no legal act can provide for all possible and necessary options for action or inaction, their validity and adequacy to the current situation. Illegal methods - the use of violent measures to disperse a sanctioned rally; misuse of funds from the federal or regional budget by a civil servant.

Each of the considered groups of methods is characterized by a specific will of the state - these are permissions, requirements, prohibitions, responsibility, control and supervision, etc. In real management practice, the adoption and implementation of state decisions is possible only on the basis of a synthesis of various management methods: load, and there are reinforcing or providing methods.

Example. When creating the Stabilization Fund of the Russian Federation, the main method is economic; legal support of this process is a legal method that plays a supporting role; explanatory measures presented through the media about the need for such a step - an ideological method that acts as a providing or reinforcing one.

Any management activity is carried out according to a logical scheme: awareness of the goals and objectives of management - choice of management method - development and implementation of management tools. Under public administration tools the means of practical implementation of a managerial decision are understood. There are two subgroups among public administration tools: general (universal) and local. General management tools are the existing norms and rules of management activities, enshrined in legal acts; take the form of laws, statutes, instructions, restrictions, etc. Local management tools are of a private nature, reinforcing the implementation of a more significant management decision, and can take the form of resolutions, orders, orders, transactions, contracts, meetings, etc. tools are secondary to management decision; Depending on the context, they can be considered as independent control actions used to carry out other management decisions. For example, the rules established by the state for recording acts of civil status can be legitimately considered as the controlling influence of the state on participants in public relations, the recording of a civil status act of a particular citizen is a tool for implementing a management decision.

The concept of “tools of public administration” has not received proper disclosure and reflection in the science of public administration, therefore there is no recognized classification. The classification criteria are:

1) the level of public administration instrument in the hierarchy of the management system - these are instruments used at the international level, at the federal level, at the regional level, industry management instruments, etc.;

2) documentary forms of public administration instruments are legislative acts; decrees, regulations, decisions of government bodies; government concepts, programs, projects; state budgets; state standards, quality certificates, licenses; state certificates; state diplomas, etc.;

3) the nature and scope of the impact of public administration instruments - economic instruments (taxes, state wage rates, refinancing rate of the Central Bank of the Russian Federation, internal and external loans, etc.), organizational instruments (creation, reorganization or restructuring of government bodies; appointment, relocation , dismissal from positions in the civil service, etc.), political instruments (election technologies, public opinion polls, etc.). [4]

Instruments of public administration are divided into macroeconomic and microeconomic. Macroeconomic management refers to the management of the country's national economy, individual spheres of public life, both at the federal and regional levels. It uses such instruments of public administration as legal (legislation in force in Russia), state budgets, federal and regional target programs, development strategies and socio-economic forecasts, public investment, government operations in the domestic money market, servicing public debt, state insurance and security, sanctions for failure to fulfill obligations (penalties, fines) and many others. The microeconomic level of management includes the management of large enterprises, organizations and institutions of the social sphere, structures of small and medium-sized businesses; in the process of such management, documentary instruments are used, such as charters, licenses, regulations approved by government bodies, as well as monetary instruments (cash and non-cash money, securities), level of remuneration of employees, etc.

The formulation of the goals of public administration, the process of achieving them through the use of specific methods and tools of management, the performance of certain functions by public authorities and management is based on a number of principles. Principles as a product of human conscious activity should be distinguished from regularities, the operation of which does not depend on people.

Principles of government - these are, as a rule, legislatively fixed, basic provisions, in accordance with which the system of public administration is formed and functions. In modern science, the principles of public administration are divided into three blocks: general, organizational and technological and private.

General principles relate to the content and goals of the public administration system, among them are social-value (humanism, democracy) and social-functional (the principle of separation of powers, federalism, legality). The executive-administrative, organizational activity of state authorities and administration is built in accordance with organizational and technological principles. The set of organizational and technological principles is represented by four groups: structural-target (hierarchy of public administration goals, sequence of achieving goals); structural and organizational (unity of the public administration system, a combination of collegiality and unity of command in the activities of public authorities); structural and functional (assignment of managerial functions to the competence of the relevant state body); structural and procedural (the principle of compliance of management methods with the functions of a state body). The use of private principles is focused on increasing the importance of the human factor in the process of public administration, among them there are two subgroups: principles designed for various spheres of society (economic planning, marketing principles), and principles for the functioning of state and public institutions (Carnegie principles, principles of local self-government ).

1.2. Forecasting, planning and programming in public administration

The performance by public authorities of the functions of forecasting, planning and programming presupposes a clear definition of such ways of state influence on economic entities and such ways of using the resources available in society that would allow achieving the goals set in the shortest possible time.

Prediction - This is a reasonable prediction of the development of the situation. In the process of public administration, conditions arise when factors of uncertainty and uncontrollability impede the development of long-term state plans and programs; then forecasting acquires special significance, to a certain extent replacing both planning and programming.

Forecasting in public administration is a scientifically based idea of ​​the development of social processes and relations, the timing and nature of their changes. The forecasting process is not limited by rigid time frames, previously made decisions, it is of a preliminary nature. Forecasts are a source of information, first of all, about those objects of state administration that significantly affect the course of socio-economic events and, at the same time, are partially (or not) subject to influence by the state. As weakly managed (or unmanaged) factors, as a rule, natural-climatic, demographic, military-political, scientific, educational, trade and market factors are singled out.

The following types of forecasts are used in the activities of public authorities: socio-economic; demographic; forecasts of labor resources and labor force; forecasts for natural resources; social macroeconomic forecasts; macroeconomic forecasts of the conjuncture of the internal and external markets; forecasts in the scientific and technical sphere; military-political; foreign economic forecasts. According to the time characteristic, short-, medium-, long-term forecasts are distinguished, the subjects of which, respectively, can be exchange rates, stock prices, prices, etc.; creation and provision of new types of services or products, implementation of a target program, national project, etc.; demographic situation in the country, socio-economic transformations of society, etc.

Consolidated macroeconomic forecasts have become a fundamental element of state forecasting, related to determining the expected state of the country's economy and identifying trends in the dynamics of its main parameters - GDP, industrial and agricultural production, investment in fixed assets, real money incomes of the population, etc. Macroeconomic forecasting involves the development of pessimistic, optimistic and realistic forecasts. Macroeconomic forecasts are made using various forecasting methods.

The extrapolation method is based on the fact that the trajectory of future development is a continuation of the trajectory of past development. Extrapolation forecasting is applied to inertial processes. The factor forecasting method involves identifying factors that affect the subject of the forecast, determining the type of dependence of the desired indicators on factors (can be linear or exponential), and calculating the values ​​of the predicted indicators. The model forecasting method is a forecasting tool based on economic and mathematical models. In the practice of public administration, it has not received wide application due to the complexity of building macroeconomic models corresponding to the object being modeled. In recent years, public authorities have increasingly begun to turn to the method of expert forecasting as the most universal one, when an expert makes a forecast based on experience, analogies, and intuition.

Planned activity - natural and necessary function of the subject of management. In the system of public administration, planning is universal. A plan is not only a desired result, but also ways to achieve it, and this is the main difference between planning and forecasting. Planning as a process consists of developing, compiling, monitoring the progress of implementation and adjusting the plan. Plans are developed for any time period. Short-term plans are focused on a period of up to one year. Medium-term plans are drawn up, as a rule, for a period of time from one to five years. Long-term plans are developed for a period of 5-20 years.

Various types of plan development are characteristic of discrete planning and continuous-rolling planning. In the first case, plans are developed "end-to-end", as one plan is completed, it is replaced by another. In the second case, the plan is periodically extended even before its completion. The planning process has a tiered character, therefore, there are: international planning (joint political, economic and other activities of countries); state planning; sectoral planning; territorial planning; planning of territories of economic entities. According to the object of planning and the indicators used, social planning is distinguished (applies to processes and objects of a social nature); production and economic planning at the macro level (aimed at economic growth); state financial planning (associated with the formation of state budgets, funds).

For modern Russia, the development of the following forms of state planning is relevant:

1) planning concept, with its mandatory approval at the state level;

2) state directive planning guidelines of a long-term nature;

3) indicative planning through the development and adoption of indicative plans at the state level;

4) state target programs;

5) state planned order;

6) formation of the state budget as the financial plan of the state;

7) adoption of state plans and programs for privatization and use of state property;

8) state investment and innovation projects.

State programming often used as a term that is equivalent to program-oriented planning. The program-target method is the main way to solve major socio-economic problems through the development and implementation by state authorities and management of interrelated program measures aimed at solving problems in various spheres of society. Specific features of program-target planning are: clear formulation and systematization of goals ("tree of goals and objectives"); the conditionality of the implemented measures by the set goals (the system of goal-realizing actions); initial establishment of means and resources for the implementation of program activities; a systematic approach to program management and control over the implementation of measures by the governing bodies.

The essence of the program approach is revealed through the concepts of "program area", "program parameters", "program structure". In general terms, the structure of the program includes the following blocks: target (content of the problem, justification of the need to solve it by program methods, goals, objectives, terms and stages of the program), executive (system of program activities), resource (volumes, sources of resources), organizational (implementation mechanism , organization of management and control, assessment of consequences, program passport).

The process of developing a target program consists of the following stages: target setting of the program; scientific and project development of the program (substantiation of the ways of its implementation); structural development (formation of sections, construction of the executive structure of the program, justification of program activities); resource development (substantiation of the volumes and sources of resources necessary for the implementation of the program). There is no unified algorithm for the content of methods for developing state programs due to the fact that the development of a target program is not a linear, but a cyclic process.

The classification of state programs is possible on the following grounds:

1. According to the functional area of ​​the state program:

▪ socially oriented (social);

▪ scientific and technical (innovative);

▪ investment (reproduction);

▪ environmental;

▪ programs for ensuring national security, preventing and eliminating the consequences of emergency situations.

2. According to the object of implementation of state programs:

▪ territorial (regional);

▪ industry;

▪ resource potential development programs;

▪ foreign economic;

▪ organizational and managerial;

▪ marketing.

3. According to the program implementation period:

▪ short-term, for a period of up to 3 years;

▪ medium-term, for a period of 3-5 years;

▪ long-term, for a period of over 5 years.

4. According to the degree of state support:

▪ programs implemented entirely at the expense of the federal budget;

▪ programs supported by the state with the involvement of non-state sources of financing;

▪ joint territorial programs (state-supported programs for the socio-economic development of territories);

▪ programs related to the current activities of federal authorities and management.

Evaluation of government programs includes evaluation of program preparation, evaluation of program implementation, evaluation of results, evaluation of cost-effectiveness, evaluation of consequences and effects. The methodology for assessing a state program is developed at the stage of forming the program itself and must be adequate to its content. In practice, as a rule, the following are used:

1) method of expert assessments;

2) methods of quantitative assessment. The change in the vector of development of the country's economy has led to a significant increase in the role of state programs as an instrument of public administration, as a way of implementing state policy aimed at effectively solving pressing problems of social and state development.

The orientation of the Russian state towards building democratic foundations and developing market relations predetermined the beginning of the process of forming a new paradigm of state forecasting and planning, the legal basis of which was the Federal Law of July 20, 1995 No. 115-FZ "On State Forecasting and Programs for the Socio-Economic Development of the Russian Federation ". A legislative definition of the content of the concepts "the concept of socio-economic development of Russia", "program of socio-economic development", "annual indicative plan of socio-economic development of Russia" was given. Fundamental changes in the system of public administration institutions have led to the fact that a long-term strategy for the socio-economic development of the country is being developed in accordance with the Messages of the President of the Russian Federation to the Federal Assembly of the Russian Federation and the Action Plan of the Government of the Russian Federation to implement this message.

Topic 2. The historical aspect of the theory of public administration

Theoretical and empirical material related to research in the sphere of public administration can be grouped into several chronological blocks, based on the evolution of views on the state as a political institution and its role in the life of society.

The first block includes a rather long period of time - from ancient times to the beginning of the 20th century, when there was no state administration as an institution of power regulated by law. The second block covers the period from the 50th to the middle of the XNUMXth century. and is associated with the formation of the institution of public administration and police (administrative) law. The third block is represented by the time period from the second half of the XNUMXth century. until the first decades of the XNUMXth century. and is characterized by the differentiation of the humanities and social sciences, the development of the actual theory of public administration. The fourth block is the XNUMX-XNUMXs of the XX century, when the development of the concepts of the theory of public administration was associated with the development of the theory of organization. The fifth block is the second half of the XNUMXth - the beginning of the XNUMXst century, which is characterized by the conviction that public administration should become an independent scientific discipline that has a complex character. Characteristics of the main directions of research on public administration problems and the main scientific schools are presented below.

Table 1

The main vectors of development of the science of public administration

Topic 3. The system of public authorities in the Russian Federation

3.1. The system of public authorities in modern Russia

The public administration system consists of institutional, legal, functional, structural, personnel, communicative and professional-cultural subsystems. The basis of the institutional system is government agency - is an entity established in accordance with the established procedure, performing one or more functions on behalf of the state, possessing organizational unity, its own competence and powers [5]. The main distinguishing feature of state bodies from state institutions, organizations and enterprises is the presence of state powers.

The characteristics of a public authority include the following components:

1) status is the legally assigned place of a specific body in the unified system of government bodies of Russia;

2) competence - a normatively fixed list of issues that a public authority has the right (authorized) to resolve;

3) powers - a set of possible actions of a specific body, what it has the right and (or) obligation to do;

4) functions are objectively determined types of management activities of a state body, its role in the system of public administration;

5) tasks - a set of specific actions, the implementation of which is associated with the performance of the functions of a government body.

The system of public authorities in Russia is built in accordance with the constitutionally enshrined principles: democracy; humanism; the principle of separation of powers; the supremacy of the Constitution and federal legislation throughout Russia; federalism, including the state integrity of Russia, the unity of the system of state power, the delimitation of the subjects of jurisdiction and powers between federal state bodies and state authorities of the constituent entities of the Russian Federation; openness in the activities of government bodies.

The system of public authorities of the Russian Federation includes federal public authorities, the formation of which is under the jurisdiction of the Russian Federation, and public authorities of the subjects of the Russian Federation, the system of which is established by the subjects independently in accordance with the Constitution and Federal Law of October 6, 1999 No. 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation". The federal executive authorities and the executive authorities of the constituent entities of the Russian Federation in matters of joint jurisdiction form a single system of executive authority in the Russian Federation.

3.2. Federal authorities of Russia

The system of federal government bodies includes: the President of the Russian Federation (executes the power of the head of state), the Federal Assembly of the Russian Federation (the Council of the Federation and the State Duma - the legislative power), the Government of the Russian Federation (the highest executive authority), federal executive authorities and their territorial bodies, federal courts (judiciary). The President of the Russian Federation and the Government of the Russian Federation ensure the exercise of the powers of the federal state power throughout the territory of Russia.

The practice of implementing constitutional norms makes it possible to single out a special group of state bodies exercising control and supervision and other powers that are not within the powers of either legislative, executive or judicial state bodies - these are bodies of special competence: the Prosecutor's Office of the Russian Federation (Federal Law of January 17, 1992 . No. 2202-1 "On the Prosecutor's Office of the Russian Federation"), the Central Election Commission of the Russian Federation (electoral legislation), the Accounts Chamber of the Russian Federation (Federal Law of January 11, 1995 No. 4-FZ "On the Accounts Chamber of the Russian Federation"), the Central Bank of the Russian Federation ( Federal Law of July 10, 2002 No. 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)"), Commissioner for Human Rights of the Russian Federation (Federal Constitutional Law of February 26, 1997 No. 1-FZ "On the Commissioner for Human Rights In Russian federation").

The role of the President of the Russian Federation in the system of public administration

At the time of its adoption, the Constitution was ahead of its time and situation. Movement towards the implementation of constitutional norms “in conditions of legal nihilism and apathy” [6] was possible only centrally, through a strong and autonomous institution of state power - the power of the head of state. This fact determined the consolidation of the unique status of the President of Russia, which has no direct constitutional analogues in the world: firstly, the power of the head of state is organizationally separated into a separate type of state power, and secondly, the scope of presidential powers is extremely broad. The status and powers of the President of the Russian Federation are regulated by the Constitution, the procedure for elections is Federal Law No. 10-FZ of January 2003, 19 “On the Election of the President of the Russian Federation.” The constitutional status of the President consists of four components: head of state; guarantor of the Constitution, human and civil rights and freedoms; Supreme Commander-in-Chief; subject of the legislative process.

In Russia, a super-presidential type of republic is currently taking shape, this, among other things, is evidenced by the presence of bodies under the President of the Russian Federation, a brief description of which is presented below.

The constitutional body that prepares presidential decisions on issues of Russia's development strategy, on issues of pursuing a unified state policy in the field of ensuring national security, is the Security Council of the Russian Federation. The legal basis for its activities is federal legislation, Decree of the President of the Russian Federation of June 7, 2004 No. 726 "On approval of the Regulations on the Security Council of the Russian Federation and the apparatus of the Security Council of the Russian Federation, as well as on the amendment and invalidation of certain acts of the President of the Russian Federation", other legal acts of the President of the Russian Federation.

A wide range of functions and tasks of this body is reduced to work in two directions - the formation of a strategy for domestic and foreign policy of the state and a strategy for national security policy. The composition of the Security Council of the Russian Federation includes: Chairman (by position he is the President of the Russian Federation), who directs its work; Secretary (one of the permanent members); permanent members and members, the inclusion and exclusion of which is carried out by the President of the Russian Federation. The main form of activity - meetings; decisions are made by the permanent members by a simple majority of their total number, are documented in the minutes of the meeting and come into force after approval by the Chairman of the Security Council of the Russian Federation. Efficiency in discussing national security issues is an essential element of an effective state. Another form of activity of the Council is meetings. Operational meetings are held by the Chairman of the Council with its permanent members, as a rule, once a week. Holding strategic planning meetings is the prerogative of the Secretary of the Council with permanent members and members of the Council. The main working bodies are interdepartmental commissions: permanent, created on a functional or regional basis, and temporary, created in order to prepare proposals for the prevention of emergency situations, topical problems of law and order in society and the state, etc. The composition of the commissions on the proposal of the heads of federal executive bodies is approved Council Secretary. The personal composition of the Security Council of the Russian Federation is approved by the Decree of the President of the Russian Federation.

The new procedure for the formation of the upper chamber of the Russian parliament initiated a search for ways for the heads of Russian regions to participate in the development of state policy, which led to the creation of a new body under the President of the Russian Federation - the State Council of the Russian Federation. This is an advisory body that promotes the implementation of the powers of the head of state on issues of ensuring the coordinated functioning and interaction of state authorities. The grounds for its formation: Art. 80 and 85 of the Constitution, proposals of both chambers of the Federal Assembly of the Russian Federation. Legal bases of activity - the federal legislation, the Decree of the President of the Russian Federation of September 1, 2000 No. 1602 "About the State Council of the Russian Federation", decrees and orders of the President of the Russian Federation. The composition of the State Council includes the highest officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation and the President of the Russian Federation, who is the chairman. The decision of operational issues is entrusted to the Presidium of the State Council (seven members). The form of activity of the State Council of the Russian Federation is meetings that are held at least once every three months and are competent in the presence of a majority of the total number of members. The State Council has the right to create temporary and permanent working groups, the right to attract scientists and specialists, including on a contractual basis. Decisions of the State Council are advisory in nature, drawn up in a protocol, if necessary, decrees, orders or instructions of the President of the Russian Federation, or submitted to the State Duma of the Russian Federation in the manner of a legislative initiative of the President of the Russian Federation. The duties of the Secretary of the State Council, who is not a member of it, are assigned by the Head of the Administration of the President of the Russian Federation to one of the assistants to the President of the Russian Federation. In general, the tasks performed by the State Council of the Russian Federation make it possible to single out this body as a subject of state policy and one of the ways of its formation.

In the last decade, Russia has been actively developing the practice of the institution of representation of the President of the Russian Federation at various levels of state power and administration. Today, authorized representatives of the President of the Russian Federation operate in the Supreme Courts of the Russian Federation, in the chambers of the Federal Assembly of the Russian Federation, representing the interests of the President of the Russian Federation and contributing to the implementation of his activities as a guarantor of the Constitution of the Russian Federation, human and civil rights and freedoms. The Institute of Plenipotentiary Representatives of the President of the Russian Federation also functions in the federal districts formed by Decree of the President of the Russian Federation of May 13, 2000 No. 849 "On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District." This institution replaced the representatives of the President of the Russian Federation in the constituent entities of the Federation in order to ensure the implementation by the head of state of his constitutional powers, increase the efficiency of the activities of federal government bodies and improve the system of control over the execution of their decisions. The Plenipotentiary of the President in the federal district, as a federal civil servant, is a member of the Presidential Administration, is appointed and dismissed on the proposal of the Head of the Presidential Administration, and is directly subordinate to the head of state. The apparatuses of plenipotentiaries are independent subdivisions of the Administration of the President of the Russian Federation, their structure and staffing are determined by the Head of the Administration.

With the plenipotentiary representatives of the President of the Russian Federation in order to ensure the coordinated functioning and interaction of federal and regional government bodies, increase the effectiveness of the institution of representation, in accordance with the Decree of the President of the Russian Federation of March 24, 2005 No. 337 "On councils with plenipotentiary representatives of the President of the Russian Federation in federal districts ", there are advisory bodies - councils (with the exception of the Southern Federal District). Members of the council ex officio are: senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation that are part of the federal district; representative of the Ministry of Regional Development of the Russian Federation (by decision of the Ministry of Regional Development of Russia); Deputy Prosecutor General of the Russian Federation for the Federal District (as agreed); other persons may be included. The personal composition of the council, at the proposal of the plenipotentiary, is approved by the Head of the Administration of the President of the Russian Federation.

The working apparatus of the President of the Russian Federation is the Administration of the President of the Russian Federation - this is a state body formed in accordance with clause "i" of Art. 83 of the Constitution in order to ensure the activities of the head of state and exercise control over the execution of his decisions on the basis of Decree of the President of the Russian Federation of April 2004, 490 No. XNUMX "On Approval of the Regulations on the Administration of the President of the Russian Federation", other decrees and orders of the President of the Russian Federation. The composition of the Administration is represented by a wide circle of officials and structural divisions.

Federal Assembly of the Russian Federation

The Federal Assembly of the Russian Federation, as the highest legislative body, performs the functions of representing the interests of citizens and legislation itself. The Russian parliament is a bicameral state body. [7]

The upper house - the Federation Council - is a permanent body, which consists of two representatives from each subject of the Russian Federation. The term of office of members of the Federation Council corresponds to the term of office of the state authority of the constituent entity of the Russian Federation that appointed him, the formation procedure is regulated by Federal Law No. 5-FZ of August 2000, 113 "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation." The jurisdiction of the upper chamber includes such issues as: the appointment of the election of the President of the Russian Federation and his removal from office; approval of borders between subjects of the Federation; appointment and dismissal of the Prosecutor General of the Russian Federation (on the proposal of the President of the Russian Federation), Deputy Chairman of the Accounts Chamber of the Russian Federation and half of its auditors; appointment to the position of judges of the Supreme Courts of the Russian Federation (on the proposal of the President of the Russian Federation); approval of decrees of the President of the Russian Federation on the introduction of a state of emergency and martial law on the territory of the country or its individual parts.

The lower chamber of the Federal Assembly of the Russian Federation - the State Duma, consists of 450 deputies, is elected for a term of four years; the first meeting is held on the thirtieth day after the election or earlier at the initiative of the President of the Russian Federation. The procedure for electing deputies is established by Federal Law No. 20-FZ of December 2002, 175 "On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation" and the electoral legislation of the Russian Federation. Its jurisdiction includes the issues of approval of the candidate proposed by the President of the Russian Federation for the post of Chairman of the Government of the Russian Federation; resolving the issue of confidence in the Government of the Russian Federation; bringing charges against the President of the Russian Federation to remove him from office; appointment and dismissal of the Chairman of the Central Bank of the Russian Federation, the Chairman of the Accounts Chamber and half of its auditors, the Commissioner for Human Rights.

The chambers of the Russian parliament are the main subjects of the legislative process: the State Duma adopts federal constitutional and federal laws, the Federation Council approves or disapproves of them. To resolve disagreements between the chambers, the constitution provides for the possibility of creating a conciliation commission. An adopted federal law means a law adopted by the State Duma and considered approved by the Federation Council in the manner established by the Constitution. Such a law is sent for signature to the President of the Russian Federation. The federal constitutional law differs from the federal law: it is adopted only on issues provided for by the Constitution; it is considered adopted upon approval by a majority of at least 2/3 of the votes of the total number of deputies of the State Duma and at least 3/4 of the votes of the total number of members of the Federation Council; subject to mandatory signing by the President of the Russian Federation within 14 days and publication.

The dissolution of the State Duma is carried out by the President of the Russian Federation in the following cases: three times rejection of the presented candidates for the Chairman of the Government of the Russian Federation; repeated expression of no confidence in the Government of the Russian Federation within three months; refusal of trust in the Government of the Russian Federation, when the question of trust is raised on the initiative of the Chairman of the Government of the Russian Federation. The State Duma cannot be dissolved:

1) within a year after her election on the second of these grounds;

2) from the moment she brings charges against the President of the Russian Federation until the adoption of the relevant decision by the Federation Council;

3) during a period of martial law or a state of emergency on the territory of the state;

4) within six months before the end of the term of office of the President of the Russian Federation.

Having dissolved the State Duma, the President of the Russian Federation sets an election date so that the newly elected Duma meets no later than four months from the date of dissolution.

Improving the public administration system involves, among other things, carrying out legislative reform, which consists of changing the procedure for forming the chambers of parliament. On the basis of Federal Law No. 5-FZ of December 1995, 192 “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation,” the Federation Council of the Russian Federation included ex officio the head of the legislative body and the head of the executive body of state power of a constituent entity of the Russian Federation. The representative of the bicameral legislative body of state power of a constituent entity of the Russian Federation was determined by a joint decision of its chambers. By the end of the 1990s. such a system has shown to be ineffective. The new Federal Law of August 5, 2000 established that the Federation Council includes two representatives from each region of the country: one each from the legislative and executive bodies of state power of a constituent entity of the Russian Federation. The highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation), no later than three months from the date of taking office, appoints a representative to the Federation Council from the executive body of a constituent entity of the Russian Federation, the decision is formalized by a decree (resolution) of the highest official of a constituent entity of the Russian Federation, within three days sent to the legislative (representative) body of the constituent entity of the Russian Federation. If at a regular or extraordinary meeting of the legislative body of a constituent entity of the Russian Federation, 2/3 of the total number of deputies vote against the appointed candidate, the decree does not enter into force, the highest official of the constituent entity of the Russian Federation appoints another representative.

The procedure for electing a member of the Federation Council - a representative of the legislative (representative) body of a subject of the Russian Federation is different for unicameral and bicameral regional parliaments. From the unicameral legislative body of a constituent entity of the Russian Federation, no later than three months from the date of the first meeting, in the competent composition of this body, at the proposal of its chairman, a representative to the Federation Council is elected. A candidate (candidates) for the election of a representative to the Federation Council from a bicameral legislative body of a constituent entity of the Russian Federation is submitted for consideration by this body in turn by the chairmen of the chambers. An alternative candidacy may be submitted by a group of deputies numbering at least 1/XNUMX of the total number of deputies of this body. A representative from the bicameral legislative body of state power of a constituent entity of the Russian Federation is elected in turn from each chamber for half the term of office of the corresponding chamber. The decision of the legislature is taken by secret ballot, formalized by a resolution (a joint resolution of both chambers of a bicameral legislature). The state authority of a constituent entity of the Russian Federation that has made a decision on the election (appointment) of a member of the Federation Council shall notify the Federation Council of its decision, the date of its entry into force no later than the next day after the date of entry into force of the decision, and no later than five days shall send it to Council of the Federation.

The changes also affected the procedure for electing deputies to the State Duma of the Russian Federation. The fourth convocation of the Duma was formed on the basis of the Federal Law of December 20, 2002, half on single-mandate constituencies (225 deputies), half on federal lists of candidates for deputies nominated by political parties, electoral blocs (225 deputies). Candidates for deputies may be nominated directly by self-nomination, as well as by nomination by a political party, electoral bloc or as part of the federal list of candidates. The right to nominate candidates in the federal list is given to political parties that have passed the 7% milestone in the elections. The decision to nominate a federal list of candidates by a political party is taken by secret ballot at the congress of the political party. The total number of candidates nominated by a political party, electoral bloc in a federal electoral district may not exceed 270 people.

Judiciary in Russia

Judicial power in Russia is exercised only by the courts in the person of judges, jurors involved in the manner prescribed by law in the administration of justice, people's and arbitration assessors, through constitutional, arbitration, civil, administrative, criminal proceedings. The judicial system of Russia is a combination of federal courts and courts of the constituent entities of the Russian Federation. The system of federal courts includes: the Constitutional Court of the Russian Federation; the Supreme Court of the Russian Federation, the supreme courts of the constituent entities of the Russian Federation, district courts, military and specialized courts that make up the system of federal courts of general jurisdiction; The Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts, arbitration courts of appeal, arbitration courts of constituent entities of the Russian Federation.

The constituent entities of the Russian Federation have the right to form constitutional (statutory) and magistrate courts, which are courts of general jurisdiction, the activities of which are regulated by regional legislation. The legal foundations for the organization and functioning of the judicial system are: the Constitution, Federal Constitutional Laws of December 31, 1996 No. 1-FKZ "On the Judicial System of the Russian Federation", of July 21, 1994 No. 1-FKZ "On the Constitutional Court of the Russian Federation", dated April 28, 1995 No. 1-FKZ "On Arbitration Courts in the Russian Federation", Federal Law dated April 20, 1995 No. 45-FZ "On State Protection of Judges, Officials of Law Enforcement and Supervisory Bodies", Law of the Russian Federation dated June 26 1992 No. 3132-1 "On the Status of Judges in the Russian Federation" (hereinafter referred to as the Law on the Status of Judges). Judges of the Higher Courts are appointed by the Federation Council on the proposal of the President of the Russian Federation, judges of other federal courts - by the President of the Russian Federation. No person may be nominated for appointment as a judge without the consent of the respective qualification board of judges.

Judicial reform began in connection with the need to form an independent judiciary in the early 1990s. The concept of reform focused on the creation of arbitration and constitutional proceedings on an equal basis with the courts of general jurisdiction was approved by the Resolution of the Supreme Council of the RSFSR dated October 24, 1991 No. 1801-1 . The Constitutional Court of the Russian Federation was formed in 1991, the system of State Arbitration in 1992 was transformed into a system of arbitration courts, headed by the Supreme Arbitration Court of the Russian Federation. The next step is the establishment in the Law on the Status of Judges of guarantees for the independence of judges (irremovability and inviolability) and their release from disciplinary responsibility. The democratic path of development of the Russian state predetermined the need for further fundamental changes in the judicial system. The key moment of judicial reform is the adoption of the Federal Constitutional Law of December 31, 1996 "On the Judicial System of the Russian Federation", in pursuance of which bodies of judicial self-government (Councils of Judges of the Subjects of the Russian Federation and the Council of Judges of the Russian Federation), institutions of world justice and jurors were formed. The continuation of the judicial reform is connected with the modernization of the judicial process - with the adoption of the new Criminal Procedure and Civil Procedure Codes. In recent years, judicial reform has been carried out in accordance with the unified federal target program "Development of the Judicial System of Russia for 2002-2006"; in accordance with Decree of the President of the Russian Federation of August 11, 2003 No. 961, in order to prepare proposals on priority areas of judicial reform, expand interaction between federal judicial authorities, judicial bodies, organizations and institutions operating in the field of law, an advisory body was created - the Council under the President of the Russian Federation on the improvement of justice.

One of the criteria for the effectiveness of the functioning of the judicial system is currently the growth of public trust in the courts. The number of citizens' appeals to the judiciary has increased, but the judicial system was not ready for this. In magistrate justice, one judge has an average of 139 cases per month, in regional courts - 450 cases [8], which affects the quality of decisions, their objectivity and timing. Experts see solutions to the existing problems in the introduction of the principle of separation of functions into the system of courts of general jurisdiction and arbitration courts, i.e. in the creation of specialized structures (courts, boards, individual judges) for certain narrow vectors of judicial practice. In the general jurisdiction system, this is juvenile justice, patent court, administrative justice system; in arbitration courts - deepening on taxes, corporate disputes, insolvency cases. To reduce the burden on judges, it is proposed to introduce conciliation procedures, out-of-court and pre-trial proceedings, and alternative methods of dispute resolution into judicial practice. The development of judicial specialization should be facilitated by the adoption of a federal law on courts of general jurisdiction. In order to overcome the strong dependence of the process of appointing judges on the bureaucratic apparatus, the creation of disciplinary courts is proposed. Alternative solutions to issues of access to justice, the legality of court decisions, the effectiveness of the human rights and punitive functions of the state, and other areas of judicial reform should be reflected in the Federal Target Program "Development of the Russian Judicial System for 2007-2010."

Government of the Russian Federation and the system of federal executive bodies

Executive power is often referred to as administrative power, as it represents the executive-administrative, organizational activity of the state. It has the most extensive system of state bodies subordinate to each other. The supreme executive body of state power is the Government of the Russian Federation - a collegial body that heads the unified system of executive power in Russia. The legal basis for the activities of the Government of the Russian Federation is the Constitution, the Federal Constitutional Law of December 17, 1997 No. 2-FKZ "On the Government of the Russian Federation". The composition of the Government of the Russian Federation includes the Chairman of the Government of the Russian Federation appointed by the President of the Russian Federation (with the consent of the State Duma), his deputies and federal ministers (on the proposal of the Chairman of the Government of the Russian Federation). Proposals on the candidacy of the Chairman of the Government of the Russian Federation are submitted by the President of the Russian Federation to the State Duma no later than two weeks from the moment he takes office or after the resignation of the Government of the Russian Federation, or within a week from the date of rejection of the candidacy. Issues of formation of the system of federal executive power are the sphere of joint jurisdiction of the President of the Russian Federation and the Chairman of the Government of the Russian Federation, who submits proposals to the President on the structure of federal executive bodies no later than a week after the appointment. In accordance with Decree of the President of the Russian Federation of November 14, 2005 No. 1319, the Chairman of the Government of the Russian Federation has three deputies, including one First Deputy, Deputy and Deputy Minister of Defense of the Russian Federation.

The general powers of the Government of the Russian Federation include: development, submission to the State Duma and execution of the federal budget; organizing the process of implementing the domestic and foreign policy of the Russian Federation; regulation of the socio-economic sphere; management of federal property; coordination and control of the activities of the bodies of the executive power system; formation and implementation of targeted programs, etc. The Government of the Russian Federation has special powers in every sphere of society's life; issues legal acts (decrees, orders) binding on the territory of the country, which can be canceled by the President of the Russian Federation in case of conflict with the Constitution and current legislation. Form of activity - meetings are held at least once a month. The Government of the Russian Federation informs citizens about the issues discussed at the meetings, about the decisions made through the media. To resolve operational issues, the Presidium of the Government of the Russian Federation is formed, working in the mode of meetings.

The powers of the Government of the Russian Federation are terminated in the following cases:

1) The Government of the Russian Federation resigns its powers to the newly elected President of the Russian Federation;

2) The Government of the Russian Federation may submit resignation, which is accepted by the President of the Russian Federation (or rejected);

3) dismissal from the post of the Chairman of the Government of the Russian Federation - upon a personal application of the Chairman of the Government of the Russian Federation for resignation or in the event of his impossibility of fulfilling his official duties;

4) by decision of the President of the Russian Federation on the resignation of the Government of the Russian Federation, on the following grounds:

a) on the initiative of the President of the Russian Federation;

b) if the State Duma repeatedly expresses no confidence in the Government of the Russian Federation within three months; c) in the event that the Chairman of the Government of the Russian Federation raises before the State Duma the question of confidence in the Government of the Russian Federation, and the State Duma refuses confidence in the Government of the Russian Federation.

The Government of the Russian Federation manages the activities of federal executive bodies. In accordance with Decree of the President of the Russian Federation of March 9, 2004 No. 314 "On the System and Structure of Federal Executive Bodies", the system of federal executive bodies has become a three-tier system, including federal ministries, federal services and federal agencies. The gradation took place according to the functional principle: federal ministries perform the functions of developing state policy and legal regulation of activities in a specific area of ​​society; federal agencies carry out in the established area of ​​activity the functions of providing public services, managing state property and law enforcement functions; the federal service performs the functions of control and supervision in the established field of activity, as well as special functions in the field of defense, state security, protection and protection of the State Border of the Russian Federation, the fight against crime, and public security.

The federal ministry coordinates and controls the activities of agencies and services subordinate to it and is headed by a federal minister who is part of the Government of the Russian Federation; a federal service, a federal agency is headed by a leader (director). The structure of the federal executive bodies is determined by Decree of the President of the Russian Federation of May 20, 2004 No. 649 "Issues of the structure of the federal executive bodies" and is represented by three blocks of bodies.

Block 1 - executive authorities, the management of which is carried out by the President of the Russian Federation (the so-called political bodies):

▪ Ministry of Internal Affairs of the Russian Federation

▪ Federal Migration Service;

▪ Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief;

▪ Ministry of Foreign Affairs of the Russian Federation;

▪ Ministry of Defense of the Russian Federation

▪ Federal Service for Military-Technical Cooperation;

▪ Federal Defense Contract Service;

▪ Federal Service for Technical and Export Control;

▪ Federal Agency for Special Construction;

▪ Ministry of Justice of the Russian Federation

▪ Federal Penitentiary Service;

▪ Federal Registration Service;

▪ Federal Bailiff Service;

▪ State Courier Service of the Russian Federation (federal service);

▪ Foreign Intelligence Service of the Russian Federation (federal service);

▪ Federal Security Service of the Russian Federation;

▪ Federal Service of the Russian Federation for Drug Control;

▪ Federal Security Service of the Russian Federation;

▪ Main Directorate of Special Programs of the President of the Russian Federation (federal agency);

▪ Administration of the President of the Russian Federation (federal agency).

Block 2 - federal executive bodies, the management of which is carried out by the Government of the Russian Federation:

▪ Ministry of Health and Social Development of the Russian Federation

▪ Federal Service for Supervision of Consumer Rights Protection and Human Welfare;

▪ Federal Service for Surveillance in Healthcare and Social Development;

▪ Federal Service for Labor and Employment;

▪ Federal Agency for Health and Social Development;

▪ Federal Medical and Biological Agency;

▪ Federal Agency for High-Tech Medical Care;

▪ Ministry of Culture and Mass Communications of the Russian Federation

▪ Federal Service for Supervision of Compliance with Legislation in the Sphere of Mass Communications and Protection of Cultural Heritage;

▪ Federal Archival Agency;

▪ Federal Agency for Culture and Cinematography;

▪ Federal Agency for Press and Mass Communications;

▪ Ministry of Education and Science of the Russian Federation

▪ Federal Service for Intellectual Property, Patents and Trademarks;

▪ Federal Service for Supervision of Education and Science;

▪ Federal Agency for Science and Innovation;

▪ Federal Agency for Education;

▪ Ministry of Natural Resources of the Russian Federation

▪ Federal Service for Supervision of Natural Resources;

▪ Federal Water Resources Agency;

▪ Federal Forestry Agency;

▪ Federal Agency for Subsoil Use;

▪ Ministry of Industry and Energy of the Russian Federation

▪ Federal Agency for Industry;

▪ Federal Agency for Technical Regulation and Metrology;

▪ Federal Energy Agency;

▪ Ministry of Regional Development of the Russian Federation

▪ Federal Agency for Construction and Housing and Communal Services;

▪ Ministry of Agriculture of the Russian Federation

▪ Federal Service for Veterinary and Phytosanitary Surveillance;

▪ Federal Fisheries Agency;

▪ Ministry of Transport of the Russian Federation

▪ Federal Service for Supervision of Transport;

▪ Federal Air Transport Agency;

▪ Federal Road Agency;

▪ Federal Agency for Railway Transport;

▪ Federal Agency for Maritime and River Transport;

▪ Federal Agency of Geodesy and Cartography;

▪ Ministry of Information Technologies and Communications of the Russian Federation

▪ Federal Service for Supervision of Communications;

▪ Federal Information Technology Agency;

▪ Federal Communications Agency;

▪ Ministry of Finance of the Russian Federation;

▪ Federal Tax Service;

▪ Federal Insurance Supervision Service;

▪ Federal Service for Financial and Budgetary Supervision;

▪ Federal Service for Financial Monitoring;

▪ Federal Treasury (federal service);

▪ Ministry of Economic Development and Trade of the Russian Federation

▪ Federal Agency for State Reserves;

▪ Federal Real Estate Cadastre Agency;

▪ Federal Agency for Federal Property Management;

▪ Federal Agency for the Management of Special Economic Zones.

Block 3 - federal agencies and federal services, the management of which is carried out by the Government of the Russian Federation:

▪ Federal Antimonopoly Service;

▪ Federal Air Navigation Service;

▪ Federal Tariff Service;

▪ Federal Service for Hydrometeorology and Environmental Monitoring;

▪ Federal State Statistics Service;

▪ Federal Service for Financial Markets;

▪ Federal Service for Environmental, Technological and Nuclear Supervision;

▪ Federal Customs Service;

▪ Federal Atomic Energy Agency;

▪ Federal Space Agency;

▪ Federal Agency for Tourism;

▪ Federal Agency for Physical Culture and Sports.

Federal executive bodies, whose activities are managed by the Government of the Russian Federation, are called administrative bodies. The procedure for the relationship between federal ministries and the services and agencies under their jurisdiction, the powers of federal executive bodies, as well as the procedure for them to carry out their functions are defined in the Regulations on these bodies, approved respectively by the President of the Russian Federation or the Government of the Russian Federation. On the recommendation of federal ministers, the Government of the Russian Federation appoints deputy federal ministers and heads of federal services and agencies subordinate to the Government; Federal ministers, on the recommendation of the heads of federal services and agencies, appoint deputy heads of federal services and agencies and heads of territorial bodies. Appointments to the bodies of the strategic block are made by the President of the Russian Federation.

Federal executive authorities have the right to form territorial bodies. The rules for their organization and activities are reflected in the Standard Regulations for the internal organization of federal executive bodies, approved by Decree of the Government of the Russian Federation of July 28, 2005 No. 452. Such bodies are formed to exercise the powers of a federal executive body in a certain territory in accordance with a unified scheme for their deployment, based on the order of the federal executive body. The placement scheme is prepared by the federal executive body and submitted by its head to the Government of the Russian Federation or the corresponding federal ministry. The scheme is accompanied by an explanatory note indicating the purpose, objectives and types of territorial bodies being formed; information about the territories of their activity; financial and economic justification. Depending on who is in charge of the federal executive bodies, the layout of their territorial bodies is approved by the Government of the Russian Federation, by order of the federal ministry.

Regulations on territorial bodies are approved by the heads of the relevant federal services and agencies, they reflect the rules for the exercise of administrative, permitting, control and supervisory powers, measures of state coercion; implementation of federal target programs, plans and other measures; interaction with the executive authorities of the constituent entities of the Russian Federation, local authorities, other territorial bodies and authorized representatives of the President of the Russian Federation in the federal districts; exercising the powers of the head of the territorial body. The activities of a territorial body are organized by its head, who is personally responsible for the implementation of the functions assigned to the body. As a rule, the status of territorial bodies is the Office (for example, the Office of the Federal Service for Veterinary and Phytosanitary Surveillance in the Saratov Region; the Office of the State Employment Service in the Saratov Region, etc.).

Topic 4. State policy: content aspect

4.1. Public Policy Methodology

The goals, objectives and functions of the state, the main element of the political system of society, are revealed through the development and implementation of state policy.

Public policy as a process - the purposeful activity of public authorities to solve social problems, achieve socially significant goals for the development of society as a whole and its individual areas. In the modern legal field, scientific literature, concepts similar in meaning are used - "state policy" and "public policy". State policy is formed mainly by the state, public policy involves the participation of citizens in its formation and implementation through the institutions of civil society. In both cases, the policy is aimed at solving social problems, the existence of these terms fixes different approaches to its development, confirms that in modern conditions the line between subjects and objects of state policy is less and less noticeable. State and political institutions, public organizations, social groups, individual citizens act as both subjects of politics and its objects.

Content state policy is a set of goals, objectives, development priorities, programs that are developed and implemented by public authorities with the involvement of civil society institutions. The process of formation and implementation of public policy is called the "political cycle" and includes several stages. The content of the first stage (policy initiation) is the analysis of the situation, the selection of priority social problems, the adoption of a decision on the development of a policy in the conflict sphere, the definition of its main goals and directions. The second stage (policy development) includes the development of targeted programs, their coordination, the adoption of an official document on the policy/program with the identification of funding sources. At the third stage (policy implementation), the policy/program is directly implemented, monitored and controlled. The fourth stage (policy evaluation) is the evaluation of results and consequences.

World experience testifies to the existence of various models of public policy development.

1. The "top-down" model assumes that government decisions are made at the highest levels of government, and grassroots levels are passive policy executors.

2. The "bottom-up" model assumes that the formation of state policy begins with grass-roots management structures with the active involvement of citizens and public institutions.

3. The "centralized model" assumes that the policy is formed and implemented by the forces of the bureaucratic apparatus without the involvement of civil society institutions, without taking into account public opinion.

4. The "democratic model" assumes that while maintaining centralized government, the state creates conditions for the activation of citizens' activities, using mechanisms to involve citizens and public associations in the development of state policy.

None of the main models of public policy development occurs in a "pure" form; In practice, different approaches to problem solving or styles of public policy formation are used to solve problems of different scale and nature.

1. Forward-looking approach - planning and implementation of the policy is preceded by trend analysis and forecasting of the development of the situation ("work ahead of the curve").

2. Responsive approach - concrete actions for the development and implementation of policy begin after the problem has acquired a certain size.

3. The rational approach is based on the use of economic and mathematical methods and the principle of rationality.

4. Anti-crisis approach - all the efforts of the subjects of politics are aimed at overcoming the critical situation.

Regardless of the type and model of state policy, no matter what approach to solving problems underlies it, state policy must meet certain indicators: respond to changes taking place in society and the state; be complex and consider any problem in conjunction with other problems; should be efficient and effective; should enjoy the confidence of the people.

Public policy begins with analyzing the situation and identifying a list of problems. In public policy, the problem is understood as a contradiction between constantly emerging human needs and the ability of the state and society to satisfy them [9]. The appearance or existence of a problem does not mean that it will necessarily be solved by government authorities. A public problem comes to the attention of political subjects through the mechanism of forming a political agenda, which consists in promoting a specific public issue to the level of official recognition, consideration and discussion. The political agenda is a set of current social problems that reflect the needs of society or individual interest groups, to which subjects of public administration are ready to pay attention and are able to respond.

World science captures several points of view regarding the formation of the political agenda. The modern American political scientist J. Anderson believes that the agenda is formed from the requirements that politicians choose themselves, realizing that the time has come to react to them or create the appearance of such a reaction. The American political scientist E. Downe substantiated five main stages of the "cycle of maintaining attention to the issue":

1) pre-problem stage - the problem has become apparent, is on the periphery of public consciousness, interest in it is manifested by experts and interest groups;

2) the stage of “anxious discovery and euphoric enthusiasm” - interest in the problem increases sharply, calls for its solution appear;

3) the stage of clarifying the “price of the issue” - society realizes what costs are required to solve the problem; if the costs are too high, interest in the problem fades;

4) post-problem stage - the problem is pushed into the “twilight zone” by other pressing problems;

5) “support group” stage - an interest group or support group for this problem initiates the beginning of a new cycle. Canadian political scientist L. Pal came to the conclusion that there is no single formula explaining why this or that situation is perceived as a problem, becomes public, and is brought to the official level [10]. We can say that identifying the problem is open in nature.

The public situation acquires the status of a state problem on the basis of the following criteria: it must be supported by public opinion and must be lobbied by a sufficiently influential group of interests; information about it should be available, i.e. voiced through the media; the problem should be recognized by public authorities and receive an "institutional" formulation; the problem must be solved in the current conditions and with the resources at the disposal of the authorities.

The formation of the political agenda is connected with the process of rationalization and optimization of state policy, i.e. with the identification of priority areas, problems and goals that need the support and participation of the state. There are several approaches to setting policy priorities:

1) political approach - the choice depends on the alignment of political forces, the relationship between political parties and society;

2) subjective approach - the choice is made on the basis of the gap between social needs and the ability to meet them (the larger the gap, the more likely the choice);

3) an objective approach - the choice is based on quantitative indicators, for example, the severity of the problem, its consequences, etc.

The mechanisms and tools for choosing priorities are: the method of analogies, scenario development, preference analysis, expert opinions.

4.2. The process of implementing public policy

Public policy is the transformation of political goals into government programs and practical actions to achieve appropriate results.

Implementation of public policy - a systematic process of using the resources at their disposal by public authorities and civil society institutions to achieve their goals. The process of implementing a policy is a set of interrelated measures and forms of behavior, which should be distinguished from the implementation of a policy as a result. At the stage of state policy development, in order to effectively implement it, a system of tools and methods is determined by which the planned activities will be carried out, i.e., an optimal mechanism for implementing the policy is formed. It includes the organizational and managerial, legal and regulatory framework, the financial and economic component, and the personnel management system. Policy implementation can be carried out as: a linear process of implementing plans; actions according to certain rules; system of interrelated activities.

The implementation of state policy begins after the adoption of the relevant regulatory act, but even in the process of policy development, it is important to provide for the availability of legal support for upcoming government decisions. The quality of the system of legal regulation of public policy is considered to be a factor of its effectiveness. There are several levels of legal regulation of policy:

1) The Constitution, which defines the principles of building a system of power and the principles of forming state policy;

2) federal constitutional laws, legal acts of the President of the Russian Federation, the Government of the Russian Federation, regulations on state bodies, reflecting priorities, goals, functions in a certain area;

3) specific federal laws, resolutions of the Government of the Russian Federation on targeted programs;

4) by-laws, regulatory documents of federal executive bodies, reflecting the issues of regulation of activities for the implementation of policies in a particular area;

5) state contracts concluded for the development and implementation of state programs, which reflect the requirements for the quality of execution and performance results;

6) orders of government bodies (administrative and operational nature), court decisions.

Important elements of the political cycle are control, monitoring, evaluation of the implementation of state policy. Control of state policy is carried out already at the early stages of its implementation in order to identify deviations from accepted norms and take measures to eliminate them. It can be external and internal, in the latter there are vertical and horizontal levels. In the field of public administration, there are such types of control as: presidential, parliamentary, administrative, judicial and civil. Varieties of control are verification, execution, supervision. The goals of control depend on the specific situation (control in the interests of citizens, political or administrative leadership, etc.). Control is exercised through a control mechanism that includes an information system (results evaluation, monitoring) and an organizational system (structures and procedures). Control technologies include program evaluation, financial reports, audits, inspections, surveys of managers, etc.

Monitoring is a process of regular collection and analysis of information on the course of policy implementation, including a mechanism for responding to possible and real threats and deviations from the planned plan. Monitoring consists of information, analytical and operational subsystems. Monitoring is based on a system of indicators (indicators). Monitoring of projects, targeted programs is carried out using such groups of indicators as direct and indirect, quantitative and qualitative, special, complex indicators and indices. The collected information is analyzed - the types and nature of errors, deviations, their impact on the achievement of goals are determined. The development of recommendations for their elimination, changes in the policy strategy, its content is the task of the operational system. The results of the monitoring assist the competent authorities in making decisions about the future of the policy/programme.

Evaluation of the implementation of public policy - a set of ways to study and measure the actual results of a completed or being completed policy / program, used in order to improve it. Evaluation is the collection and analysis of information about the final or intermediate results, the definition of changes and the current state, the assessment of benefits and costs. Evaluation, unlike monitoring, is carried out as needed and is one-time. Evaluation procedures are necessary at all stages of the political cycle. The point of evaluation is to improve the policy and measure its results.

Public policy assessment consists of such elements as assessment of the implementation process, assessment of consequences, assessment of results, assessment of economic efficiency, assessment of the level of satisfaction of citizens, assessment of tools, methods of policy implementation. Intermediate and generalizing estimates are distinguished by form; a meta-assessment combines the results of several studies. Policy evaluation requires consideration of five elements of the latter: the resources expended; ongoing events; received products or services; execution results; consequences and effects. Evaluation studies are divided into two groups: scientific research - requires a significant investment of time, money and qualified specialists (sociological surveys, observation, peer review, modeling, experiments, etc.); traditional forms are close to political and administrative control over the course of decision-making (parliamentary hearings; reports of leaders; state audit; budget development, etc.).

After the assessment has been carried out and its results presented, the manager can make the following decisions: continuation of the policy/programme; successful completion; policy/program modification; termination upon failure.

One of the criteria for the effectiveness of policy implementation is the coordination of the actions of all participants and organizers of the process of its implementation. The following groups of participants in policy execution are distinguished:

1) individuals;

2) public and political organizations, groups;

3) government institutions and structures;

4) political and financial elite.

Policy coordination is the mechanisms and methods used to achieve set goals for coordinating the actions of organizational structures and individuals participating in the political cycle. Coordination also occurs at all stages of the policy cycle. There are political (coordination of political interests) and administrative (resolution of specific issues) coordination; vertical coordination (between organizations that are subordinate) and horizontal coordination (between organizations that are independent from each other in the legal field). Horizontal coordination is carried out through the work of interdepartmental committees (councils); leading organizations; adoption of formal agreements on interaction. Vertical coordination, accordingly, is through mechanisms of division of labor and organizational hierarchy. Russia is a federal state, and interregional coordination plays a significant role in the political cycle.

The factors of policy effectiveness include: firstly, organizational and functional relations within the public administration system: a weak response of public policy, as a rule, manifests itself where there is no clear division of power between various state bodies and organizations; secondly, the quality of the developed policy, state program or decision; thirdly, the accuracy of tasks and their interpretation by performers.

4.3. Types and directions of state policy

State policy is classified on the following grounds: the spheres of public life - economic, social, etc.; levels of policy implementation - international, national, regional, local; policy functions - external, internal; structure and volume of impact - sectoral, structural, territorial. According to the objects of influence, each type of policy is divided into separate areas, for example, social policy includes youth policy, gerontological policy, family policy, etc. By the nature of subject-object relations and the level of conflict, there are distributive, redistributive, regulatory (protectionist and competitive), administrative-legal, strategic, anti-crisis policy.

State economic policy a set of interrelated measures taken by public authorities and administration in order to form a certain vector for the development of the country's economy and solve socio-economic problems. The development of the national economy is a cyclic process, which is characterized by a succession of the following phases: economic growth (rise), high economic conditions (economic boom), economic recession (recession, economic crisis, stagnation, stagflation), low economic conditions. The state of the national economy determines the type of state economic policy.

Goals of economic policy multifaceted, focused on achieving national goals. There are various approaches to defining the goals of economic policy. Supporters of one of them believe that for countries whose economies are market-oriented, the goals of economic policy are related to the regulation of processes that are not subject to the influence of market economic mechanisms. The goals of the state economic policy, from the point of view of a pragmatic approach, are to create and maintain a stable economic system. The goals of economic policy are different at different stages of the economic cycle. For example, the goals of the stabilization economic policy are to achieve and consolidate the state of equilibrium of the economic system; at the stage of waiting for the rise or rise of the country's economy, the goal of economic policy is the growth of the national economy. The priority of the social goals of economic policy is typical for countries with a socially oriented economy. In this case, the actions of the state are aimed at creating conditions that ensure economic freedom (freedom to choose forms of economic, economic activity, acquisition of property, etc.) and economic justice (equalization of starting opportunities for generating income).

The generally recognized goals of the state economic policy are: ensuring the growth of socio-economic efficiency, i.e. rational and economically beneficial use of the country's resource potential; ensuring a general economic balance, which involves a balance between four elements - price stability, a high level of employment, commensurate economic growth and foreign economic operations. The range of goals of the state economic policy is much wider, which is due to the immediate state of the country's national economy and other factors. In the process of forming a system of economic policy goals, the interconnection of the elements that make up this system is necessarily taken into account (goals cannot be mutually exclusive).

Types of state economic policy. Depending on the period of implementation of the state program of economic action, i.e., according to the time range, short-term and long-term policies are distinguished. In conditions of instability of economic processes, short-term economic policy is developed, when a vector of economic actions is formed for a period of up to one year. Predictability and sustainability in the development of economic processes, supported by guaranteed resource availability, make it possible to develop an economic policy strategy for several years.

The implementation of the state economic policy is associated with the use of various tools, therefore, there are fiscal (financial and budgetary), monetary (monetary), foreign economic policy. The instruments, respectively, are: taxes, transfers, etc.; the total amount of money, the reserve ratio, etc.; customs duties, quotas for the import and export of capital, goods, export-import tariffs. Issues of changing the sectoral and regional structure of production in the country are resolved within the framework of the structural investment economic policy. Innovative economic policy considers the issues of practical application in the economy of the latest achievements of human civilization. The conversion policy is focused on the conversion of industries, the need for products of which is significantly reduced.

Fiscal economic policy. Public management of the state's financial resources (state treasury) is associated with the formation and implementation of fiscal policy. Fiscal policy is carried out according to the following scheme: attracting funds necessary for the state - distributing these funds - ensuring the use of funds for their intended purpose. This type of economic policy of the state includes such areas as budget policy, tax policy, income and expenditure policy. The instruments of fiscal policy are taxes, government spending, transfers, through which the state regulates the amount and vector of cash flows, influences aggregate supply and demand, and counteracts excessive fluctuations in basic economic parameters. The influence of the state on the volume and structure of aggregate demand is great, since the state is the largest buyer in the market, both external and internal (economically developed countries spend about 1/4-1/2 of GDP on purchases). The state has an indirect influence on demand from households and private entrepreneurs through taxes and transfer payments (pensions, benefits).

The nature of fiscal policy depends on the phase of the economic cycle in which the national economy is located. In conditions of rapid economic growth, this policy holds back growth parameters within acceptable limits (limited focus of fiscal policy), in times of crisis it is expansionary (aimed at expanding production). A stabilization fiscal policy corresponds to a relatively stable state of the economy, when the state keeps inflation within acceptable limits, ensures a high level of employment, seeking to bring the volume of GDP closer to the level possible under the current conditions. Depending on what mechanism is the basis for stabilization, there are automatic and regulated stabilization fiscal policies. In the first case, automatic stabilizers operate - these are legislatively fixed norms that allow responding to deviations from a stable state of the economy without government intervention. For example, the payment of cash benefits on sick leave, the automatic reduction in the amount of tax levied when income decreases, etc. If the operation of automatic stabilizers does not provide the necessary level of stabilization, then the state introduces new rules (discrete measures) - stabilization becomes regulated. Examples of regulated stabilizers are changes in tax rates, the implementation of social support programs (state housing subsidies), etc. Discrete measures of stabilization fiscal policy, i.e. adjustable stabilizers, can become automatic, since the abolition of any benefits, benefits causes certain difficulties .

Fiscal policy is made up of the following elements: budget policy (in turn, represented by the policy of public spending and the policy of public revenues), tax policy. In general, fiscal policy is a set of financing, budgeting, and taxation instruments.

Monetary economic policy is the direct or indirect regulation by the state of the money supply and money circulation in the country. In contrast to fiscal economic policy, the goals of monetary policy are narrower and are associated only with the stabilization of monetary circulation. According to the goal, the tasks of monetary policy are: stabilizing the price level, maintaining a certain level of inflation, regulating the money supply, supply and demand of money through the banking system, maintaining the national currency. The instruments in this case are the total mass and availability of money, credit, the discount rate of the Central Bank of the Russian Federation, the refinancing rate, etc.

Based on the method of influencing the money supply, there are hard and soft types of monetary policy. The actions of the state aimed at reducing the money supply, limiting emissions, maintaining high interest rates for obtaining money on credit characterize a tight monetary policy. The opposite situation, i.e., the provision of cheap loans, an increase in the money supply, is characteristic of a soft monetary policy.

The elements that make up monetary policy are:

1) refinancing policy, or accounting policy - the impact of the Central Bank of the Russian Federation through the interest rate on the volume of credit resources;

2) open market operations - sale or acquisition by the Central Bank of the Russian Federation of government securities;

3) reserve policy - the impact of the Central Bank of the Russian Federation on the amount of the active money supply ("forcing" commercial banks to hold part of their assets in the form of an interest-free reserve with the Central Bank of the Russian Federation);

4) liquidity policy, i.e. a change in the amount of money provided by the Central Bank of the Russian Federation at the disposal of commercial banks for their operations.

State social policy. The Russian Federation, in accordance with the Constitution, is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of people. The criteria for assessing the degree of sociality of the state are: respect for the right to human freedom; guarantees in the state's implementation of a consistent social policy focused on realistically possible investments “in people”; ensuring decent living standards for the majority of citizens; targeted support for the most vulnerable groups of the population; guarantee of creating favorable conditions for the real participation of citizens in the development and social examination of management decisions at all levels of government; compliance with rights and guarantees that recognize and implement the system of social partnership as the main mechanism for achieving social harmony; guarantees of social responsibility; observance of rights and guarantees aimed at strengthening the family, spiritual, cultural, moral development of citizens, caring for the heritage of ancestors and continuity of generations, preserving the identity of national and historical traditions.

State social policy is the purposeful activity of the state in managing social processes and relations in the socio-cultural sphere. It must be correlated with specific historical circumstances, supported by financial resources and designed for certain milestone social results. The principles of state policy in the social sphere are: human economic freedom and recognition of the right of entrepreneurs, employees and their trade unions to tariff autonomy on the basis of social partnership; confidence in the regulatory role of the market; the responsibility of the state "for the game" of market forces, the development of legislation, the creation of appropriate conditions for streamlining the course of economic and social life; social justice and social solidarity of society; gender equality; participation of citizens in public administration, public and state life. Social policy is implemented by the state in the main areas of social relations: payment, security, labor market, employment and unemployment; regulation of incomes of the population; demography, family, motherhood and childhood, youth; social protection; pension provision; social service; social insurance; education, professional retraining, advanced training; the science; healthcare; provision of housing, communal and household services; culture; physical culture, sports, tourism; environmental Safety; protection of social rights of all categories of citizens. Accordingly, these areas are allocated areas of social policy.

The typification of social policy is based on the types of states of the social system; accordingly, the following are distinguished:

1) social policy in socially sustainable societies;

2) social policy in societies in systemic crises;

3) social policy in societies in a state of deformation;

4) social policy of the transition period. The world experience of public administration records two models for the implementation of social policy:

1) sacred-paternalistic, characterized by the full responsibility of the state for everything related to the social sphere, the absolute exclusion of forms of citizen participation;

2) liberal, represented by three options - social democratic, corporate, actually liberal.

Social policy is characterized by a plurality of goals and functions. Instruments of state social policy - social legislation; system of state social standards (social norms and norms). Methods for the development and implementation of social policy are social goal-setting, social forecasting, social programming. Social goal-setting is the development and consolidation of target social guidelines in the practice of public administration. In fact, this is the formation of indicators of the planned development of the social sphere of the state for a certain period. The result of social goal-setting for the long term is a long-term strategy for social development. In the medium term, this is the development of target social standards for income and consumption (the level of wages, the subsistence minimum, the provision of citizens with housing, etc.); in the short term, it is the development of an economically supported, state-guaranteed level of social advancement. Social forecasting - the activities of the state to develop forecasts for the socio-economic development of the country. The demographic situation (birth rate, death rate, size and sex and age structure of the population, etc.), the state of migration processes, unemployment rate, average per capita income, etc. are predicted. Economic and social forecasting are closely interconnected. Social forecasting can be sectoral (health, demography, culture), territorial (federal and regional levels). The product of the state's social planning activity is the minimum state social standards, planned indicators of sectoral development (with a mandatory economic justification). The basis of state social planning - social programming - is expressed in the development of state targeted programs, for example, "Culture of Russia", "Older Generation", "Overcoming the Consequences of Radiation Accidents", etc.

The most important mechanism for implementing state social policy is social protection, understood in the Russian legal framework as a set of state-guaranteed measures aimed at minimizing the influence of factors that reduce the quality of life of citizens. This is protection from possible violations of rights, personal freedoms, and from administrative arbitrariness, and from criminal attacks on life, health, property, honor and dignity of a person, and other harmful factors. According to the definition of the International Labor Organization, social protection as a set of measures includes:

1) stimulation of stable, paid work;

2) prevention and compensation of part of income in the event of major social risks through social insurance;

3) provision of social assistance to vulnerable groups of the population who are not participants in the social insurance system;

4) access of citizens to basic rights and services, such as education, medical care. World experience shows that the most effective and comprehensive social protection systems include: compulsory social insurance, social assistance, pensions, and a system of state benefits. The main source of financing and general regulator of the social protection system is the state.

State regional policy is methodologically the least developed direction of the state policy of Russia. The principle of distribution of productive forces, based on the political and economic interests of the state, as the basis of the regional policy of the USSR, was forgotten when changing the paradigm of Russia's development. In the conditions of the economic crisis of the 1990s. the state practically did not pay attention to the development of socio-economic relations between regions. State policy in this area is built in accordance with the "Basic Provisions of Regional Policy in the Russian Federation", approved by Decree of the President of the Russian Federation on June 3, 1996 No. 803. Regional policy is understood as a system of goals, tasks of state authorities to manage political, economic and social development regions of the country and the mechanism for their implementation. In the practice of public administration in Russia, the concepts of "region" and "subject of the Russian Federation" are identical. The document fixes the main goals and objectives of regional policy in the long term, methods and forms of implementation of regional economic policy, the main provisions of regional policy in the social and environmental spheres, in the field of international and foreign economic relations of the constituent entities of the Russian Federation, considers regional aspects of national-ethnic relations. In development of the "Basic Provisions of the Regional Policy in the Russian Federation", the Federal Law of June 24, 1999 No. 119-FZ "On the principles and procedure for delimiting the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation" was adopted; Decree of the President of the Russian Federation of May 13, 2000 No. 849 "On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District". There are many gaps and contradictions in the system of legal and institutional support of the state regional policy; the policy of budget equalization, which has been the general direction of regional policy for more than 10 years, has exacerbated the socio-economic differentiation of regions. The significance and relevance of the development of innovative measures for the implementation of the state regional policy is now recognized both at the state and at the regional level.

An alternative to the policy of budget equalization, actively discussed today, is the policy of polarized development, which became the basis of the “Concept of the strategy for socio-economic development of regions of the Russian Federation” developed by the Ministry of Regional Development of Russia. The essence of the “polarized development” model comes down to the concentration (mobilization) of state and regional resources in those points where they are expected to bring the greatest return. On the territory of Russia it is proposed to identify several supporting regions (“growth poles”, “growth engines”), based on the following criteria:

1) there is a steady upward trend in passenger and cargo traffic in the region;

2) the presence in the region of a scientific and educational center of world or federal significance;

3) in a given region (urban agglomeration) a strategic initiative has been formed that is important for the entire country;

4) this region must have high scientific, technical, intellectual, personnel and socio-economic potential;

5) the region is already making a significant contribution to the country’s GDP growth;

6) a strategic partnership between government, civil society and business exists or may develop in this region;

7) in the next 10-12 years, this region may become a “developer” for neighboring territories.

Other principles of the new strategy of state regional policy, in the opinion of the Government of the Russian Federation, should be: "preferences for reforms", i.e. ensuring equal access of the population of all regions to budgetary services that guarantee the exercise of citizens' constitutional rights; synchronization of actions, i.e. the consistency of the main reforms carried out in the country and affecting the socio-economic development of the regions, as well as the directions of state support for the regions and municipalities; differentiation of the state policy of regional development, i.e., the definition of different development goals for different regions; subsidiarity, i.e. decentralization of power. The strategic goals of regional policy at this stage of Russia's development are: ensuring the global competitiveness of the country and regions; stimulating the process of new "regionalization" - consolidating the resources of the Russian regions for accelerated economic growth and changing the structure of the economy; development of human capital, increasing the spatial and skill mobility of the population; improvement of the ecological situation in the regions to balance economic development; improving the quality of management and use of public finances at the sub-federal level.

The priorities of Russia's regional development, developed within the framework of the said Concept, are: the formation of a network of “core” regions; formation of regional modules of the National Innovation System of Russia; creating conditions for industrial modernization, support and development of competitive economic (territorial production) clusters; creation of a human resource management system, development of regional employment; improving the quality of state and municipal governance in the regions. Mechanisms of socio-economic development of regions:

1) a general scheme for the spatial development of the country, i.e. functional zoning of the territory;

2) legal support for the development of regions (the need is raised to adopt federal laws “On the spatial development of the Russian Federation” and “On the fundamentals of state regulation of regional development of the Russian Federation”); information (system of federal monitoring of regional socio-economic indicators); organizational and financial (Interdepartmental Commission under the Ministry of Regional Development of Russia, federal target programs).

The adoption and implementation of the considered regional development strategy in the short term will allow achieving the following results: increasing the speed of passing federal-level management decisions to the regional level and increasing their effectiveness; increasing the level of cooperation between regions and reducing barriers to the free movement of key development resources (human, financial, managerial, intellectual, etc.) between them; increasing the efficiency of the use of federal finances; consolidation of regional policy in the relevant institutions (laws, norms and rules) and organizational structures; the emergence of an affordable housing market and the modernization of the housing and communal services system. Medium-term results: increased mobility of the population; formation of a structure of six to nine pivotal regions that are leaders in the development of the country and competitive at the global level; increasing the number of issued mortgage loans; integration into the economic space of the country of border areas of neighboring states. In the long term, these are the following results: the preservation of the country's territorial integrity; reduction in the areas of officially allocated crisis territories; Russia will formalize its own global region, comparable to the world's global regions.

4.4. Implementation of state policy in modern Russia

The priority directions of the state policy of modern Russia are the spheres of education, health care, the development of the housing sector and agriculture. The main mechanism for implementing the policy is the program approach. A derivative of the program approach can be considered the practice of developing and implementing national projects, through which it is proposed to solve problems in these areas. The idea of ​​national projects is a presidential initiative announced at the beginning of September 2005. The main work for their implementation is entrusted to the Government of the Russian Federation, whose activities will be controlled by the Council under the President of the Russian Federation for the implementation of priority national projects, created by Decree of the President of the Russian Federation of October 21, 2005. No. 1226. Chairman of the Council - President of the Russian Federation. The implementation of national projects, which began on January 1, 2006, is financed from the federal budget, in 2006 it was 134,5 billion rubles, including: health care - 62,6 billion, education - 30,8 billion, the program "Affordable housing" - 21,9 billion, the development of the agricultural complex - more than 19 billion rubles, their content is as follows.

1. Health care. Directions - Improving the effectiveness of primary health care; disease prevention; development of new technologies in medicine. Results: salary increase for some categories of medical staff by 5 and 10 thousand rubles; replacement of about 25 thousand ambulances; financing the purchase of medicines, ambulances in the amount of 3,5 billion rubles. In the regions during 2006-2007. it is planned to build 15 high-tech medical centers. More than 10 polyclinics will receive sets of modern diagnostic equipment.

2. Education. Directions - formation of a network of national universities; informatization of the industry; support for talented youth; development of a professional training system in the army. According to the results of the competition for innovative educational programs, 30 universities of the country and 10 schools will receive financial grants annually. The creation of two world-class business schools is planned in Moscow and St. Petersburg, two national universities - in the Southern and Siberian federal districts. Additional payments will be received by teachers for classroom management, annually 100 thousand teachers of the country will be paid bonuses of XNUMX thousand rubles. It is planned to increase the remuneration of teachers, researchers, and allowances for academic degrees will increase.

3. Affordable housing. The main attention is focused on increasing the volume of mortgage lending and housing construction. By reducing the rate of ruble loans from 14% to 8% and increasing the terms of their payments, it is planned to increase the number of mortgage loans issued annually in four to five years to 1 million, and the volume of lending to the population - up to 415 million rubles / year. Rates will be reduced gradually: by 2007 to 11%, by 2010 to 8%. The program to provide citizens with affordable housing will be implemented in three stages, by 2010 it is planned to put into operation about 80 million square meters. m of new housing, the proportion of families using mortgages should increase from 8% to 30%.

4. Agriculture. Directions - the development of animal husbandry, support for small and medium-sized farms. Modernization of livestock complexes by 2008 should be 12%, it is expected to increase meat production by almost a quarter of today's volumes. Rosselkhozbank has formulated the conditions for granting loans to small agribusiness entities, the issuance of which began in January 2006. More than 6 million rubles have been allocated from the federal budget to subsidize interest rates on these loans.

The state policy of Russia is not limited to the implementation of national projects. The main directions of activity of the Government of the Russian Federation and the priority goals for the development of all spheres of the national economy are defined in the Program for the Socio-Economic Development of the Russian Federation for the Medium Term (2006-2008). Strategic goals of the country's development in the medium term: improving the welfare of the population and reducing poverty based on dynamic and sustainable economic growth. Their achievement is possible by ensuring the steady growth of Russia's competitiveness. The main indicator of the success of the policy pursued by the state is the doubling of GDP in 10 years. This requires the creation of a flexible, resilient economic system that quickly responds to changes in external conditions. Providing equal conditions for competition for organizations of all forms of ownership with clear and transparent rules of the game is the main task of the Government of the Russian Federation in the field of economy.

Program for 2006-2008 developed as a continuation of the previous vectors of state policy, reflects measures to improve the efficiency of public administration, increase the quality and conditions for the provision of public services, to create conditions and incentives for the development of human capital, improve institutions and infrastructure that ensure the competitiveness of economic agents inside and outside the country. The development of economic growth tools is based on the following criteria: doubling the GDP in 10 years; progressive structural shifts in the economy; convergence in terms of economic development with the most developed countries. In order to create a favorable investment climate, the Government of the Russian Federation intends to: ensure macroeconomic stability, monetary and financial stabilization; pursue a balanced budget policy, maintain a floating exchange rate regime, maintain significant gold and foreign exchange reserves, and consistently reduce inflation; ensure the formation of the Stabilization Fund of the Russian Federation. The improvement of the institutional system (to increase the level of confidence of all subjects of economic and political activity), the judicial and law enforcement systems will be continued; activation of customs and tax policy in order to make greater use of their regulatory rather than fiscal function.

In addition to ensuring the implementation of national projects, the Government of the Russian Federation will implement measures: to increase the effectiveness of programs in the field of social policy, improve existing mechanisms for the provision of social assistance; to create conditions for the involvement of poor able-bodied citizens in economic activity; to ensure the coordination of the activities of all bodies providing housing subsidies and other forms of social assistance in the implementation of programs to help the poor; to promote increased regional and interregional labor mobility. The implementation of the administrative reform, civil service reform aimed at ensuring publicity and regulation of the activities of state authorities will be continued. Measures are planned to increase the role of scientific research and development as a factor in ensuring the innovative direction of economic growth. In order to develop the Russian regions, it is planned to move from ineffective alignment of the economic development of the regions to creating conditions that stimulate both the regions and municipalities to mobilize the resources of economic growth available to them. The development of competition and the reduction of the non-market sector will be ensured by creating and improving market institutions, developing small businesses, and ensuring equal and fair competition. With a general improvement in the business climate and the creation of economic incentives for intersectoral capital flows, conditions will be created to increase the attractiveness of the processing sectors and the service sector

The implementation of the Program is aimed at minimizing the impact of factors that impede stable and long-term economic growth in Russia, these are:

1) low efficiency of public administration;

2) lack of conditions and incentives for the development of human capital;

3) low level of competition and high share of the non-market sector;

4) uneven implementation of reforms at the subfederal level;

5) low level of integration of the Russian economy into international economic relations;

6) weak diversification, creating high dependence on the global price environment for main export goods;

7) infrastructural restrictions on growth.

Topic 5. Administrative reform in the Russian Federation

5.1. Essence and main components of administrative reform

The change in the state system that took place in Russia at the end of the last century should necessarily entail significant changes in the structure of state administration.

The state that existed in the Soviet era, building its activities on a planned economy, was to become a state that regulates the market economy and functions according to the principles of democracy within the framework of the Constitution. The tasks facing the state are connected, first of all, with the solution of the problem of maintaining the balance of interests of the individual, society and the state. First of all, it is necessary to create conditions for the development of economic freedoms, provide the population with high-quality public services, effectively manage property, and reliably ensure the safety of citizens.

The changes that have taken place have made it necessary to revise the content in three areas: the functions performed by the state; the activities of the bodies entrusted with the execution of these functions; as well as the principles of functioning of public authorities.

These three areas have been affected by the ongoing administrative reform.

Dictionaries interpret the word “reform” as a transformation, reorganization in the way of functioning of certain social institutions operating within a given society. It seems that this definition is not complete enough, since it does not mention the main essential feature of the reform - the achievement of a new quality. The indispensable attributes of reforms are the initiative “from above” (which shows the difference between reform and revolution), the legislative mechanism for implementation and the direction of reforms along the path of progress.

There is another essential quality that makes this or that transformation a reform: modernization goal-setting, in other words, bringing a given social institution to a state of the most adequate functioning and progressive development of the world community.

Administrative reform is not a one-time event, but a progressive process. The next requirement is to avoid general abstract programs and set clear, measurable goals.

To modernize public administration means to make it simpler, clearer, more efficient, to try to achieve transparency in the field of public spending and to clearly define the responsibility of each of the many operators of public administration.

Decree of the President of the Russian Federation of July 23, 2003 No. 824 "On measures to carry out administrative reform in 2003-2004" identified priority areas for administrative reform:

▪ limitation of government intervention in the economic activities of business entities, including the end of excessive government regulation;

▪ elimination of duplication of functions and powers of federal executive authorities;

▪ development of a system of self-regulatory organizations in the field of economics;

▪ organizational division of functions of regulation of economic activity, supervision and control, management of state property and provision of services by state organizations to citizens and legal entities;

▪ completion of the process of delimitation of powers between federal executive authorities and executive authorities of constituent entities of the Russian Federation, optimization of the activities of territorial bodies of federal executive authorities.

The solution of these tasks was entrusted to the Government Commission for the implementation of administrative reform, formed by the Decree of the Government of the Russian Federation of July 31, 2003 No. 451.

As a result of the implementation of the initial stage of the administrative reform, the necessary prerequisites for further comprehensive modernization of the public administration system were created.

Under administrative reform at first glance, similar and interrelated, but still different transformations in certain areas of public administration are understood.

There are at least a few typical ideas about the content of administrative reform:

1) modernization of state power, including the reform of the legislative, executive and judicial branches;

2) reform of the administrative-territorial structure of the state;

3) delineation of powers and subjects of jurisdiction between the federal, regional and municipal authorities;

4) civil service reform;

5) reform of the functions and structure of the executive power.

The first two directions are not included in the content of the administrative reform. They are not aimed at a radical revision of the functions of the executive, legislative and judicial authorities and relate, in particular, to improving the procedures for implementing the existing functions of the judiciary, bringing the judicial system in line with them, and for the legislature, they are more related to changing the procedure for the formation of representative bodies of power. - election of members of the Federation Council or the formation of the State Duma and regional representative bodies of power on a mixed (proportional and majoritarian) basis.

The change in the administrative-territorial structure, which at this stage is mainly associated with the unification of the constituent entities of the Russian Federation, does not affect the powers of the state authorities of the constituent entities of the Russian Federation as such, but only leads to the assignment of functions carried out by the executive power of the two regions to the executive authorities of the united constituent entity of the Russian Federation.

The remaining three areas constitute the administrative reform in the broadest sense.

The main content of the delimitation of powers and jurisdiction between federal, regional and municipal authorities is to assign clear functions to each level of government, provided with financial resources, based on the principle of subsidiarity, i.e. assigning a function to the minimum necessary level of government. One of the main problems of this part of the reform, which is important for the success of administrative reform as a whole, is that it is derived from the definition of functions remaining with the state and the executive branch at all levels. Therefore, the division of powers between federal, regional and municipal authorities made by law cannot be considered final, and it will be revised after determining the necessary functions of the state.

The reform of the civil service consists in revising the status of civil servants and the procedure for their passage of civil service in order to make the state a competitive employer, and civil servants - effective performers of the functions of the state - this is its main significance for administrative reform.

The reform of the functions and structure of the executive power is an administrative reform in the proper sense of the word. It consists of two parts: operational and institutional.

The operational component consists in the rejection of redundant functions, the improvement of the procedure for implementing the necessary state functions, the construction of a system and structure of executive power corresponding to the new functions, excluding a conflict of interest between them.

The institutional part of the reform consists in creating mechanisms to prevent the emergence of new redundant functions, fixing the procedures for performing the necessary functions, ensuring the information transparency of the government, and fixing quality standards for the provision of public services.

Thus, administrative reform in the narrow sense can be defined as a process of reviewing the functions of the executive branch, fixing the necessary and eliminating redundant functions, creating an adequate structure and system of the executive branch, as well as institutional changes in the public administration system. The goal is to create a system for the effective execution of state functions that ensures high rates of economic growth and social development.

Let us consider in more detail the main components of the reform.

Reform of the functions and structure of the executive branch

One of the first steps towards reforming the executive branch was associated with the audit of state functions, which in 2003 was carried out by the Commission on Administrative Reform under the Government of the Russian Federation. For the first time in Russian history, the functions of the state established in regulatory legal acts were analyzed and recommendations were prepared to reduce "redundant and duplicative" functions. However, in practice, there was no significant reduction in state functions, although there were about 30% of the total number of redundant and duplicative ones.

Reducing the redundant functions and powers of state bodies is a well-known, axiomatic condition for increasing the efficiency of the state. This work should not become a one-time campaign, since in this case there will be no guarantees for the optimization of bureaucracy in the future. A constantly working mechanism is needed to maintain the optimal composition of the powers of executive authorities and prevent inefficient state intervention in the economy and other spheres of society.

Identification and abolition of redundant state functions

Of key importance in the administrative reform belongs to the identification and abolition of redundant functions.

To identify redundant, each function must be checked: for compliance with the goals and objectives of state policy in a particular area of ​​public relations; on the adequacy of the form and methods of implementing the function to the goals and objectives of state policy in a certain area of ​​public relations; to meet the minimum required level of authority.

To determine the redundancy of a function, it is necessary to compare the goals and objectives of the specified function with the goals and objectives provided for by regulatory legal acts and political documents. Such regulatory legal acts include the Constitution (especially Chapter One, which formulates the goals of the state), programs for the socio-economic development of the Russian Federation, action plans of the Government of the Russian Federation, programs and concepts for the development of a certain industry (sphere of public relations), approved by the President of the Russian Federation and Government of the Russian Federation, as well as fundamental international conventions and treaties. Political documents include the message of the President of the Russian Federation to the Federal Assembly of the Russian Federation for the current year and the budget message of the President of the Russian Federation to the Federal Assembly of the Russian Federation for the current year.

An analysis of the adequacy of the forms and methods of implementing the function to the goals and objectives of state policy reveals to what extent the methods of implementing the function make it possible to achieve the stated goal and solve the tasks of state regulation. The significance of the legitimacy of a function lies in the fact that, based on this criterion, a function can be recognized as redundant regardless of the two above criteria, since the lack of an appropriate legal form makes its implementation devoid of legal grounds.

A function can be recognized as redundant for a given level of government: federal or regional, if its implementation can be most effectively carried out at a lower level of government in accordance with the principle of subsidiarity.

Removal of redundant functions

The identification of redundant functions ends with their abolition. We can distinguish the main options for the abolition of the function:

1) liquidation of the function;

2) reducing the scope of the function;

3) transfer of functions to market participants;

4) transfer of functions to self-regulatory organizations of professional market participants;

5) transfer of function to the minimum required level of authority;

6) transfer of a function to outsourcing;

7) giving a function of a procedural nature.

The liquidation of a function means either the exclusion of the specified function from the regulatory legal act without replacing it with other state functions or without transferring it to other subjects of legal relations with the termination of its performance, or the termination of the performance of a function not fixed by regulatory legal acts.

Function elimination occurs in four typical cases:

1) the function is formally fixed by a normative legal act, but is not actually performed for a long time without prejudice to regulation in a certain area of ​​public relations;

2) the function is not fixed by a regulatory legal act;

3) the function is enshrined in a normative legal act that contradicts an act of greater legal force;

4) the function is secured by an act of insufficient legal force.

Protection against new redundant features

The creation of mechanisms to prevent the emergence of new redundant functions includes legislative and administrative measures.

The procedure for making decisions on the introduction of new functions of state regulation, which is currently in force, is an internal affair of the department and the Government of the Russian Federation. Market participants, citizens do not have the opportunity to promptly, before the introduction of a new function, influence the decision on the advisability of its implementation, express an expert opinion as equal participants in the process. This leads to the fact that new functions are introduced without a comprehensive independent assessment of their feasibility and effectiveness, which contributes to the emergence of redundant inefficient functions, as well as the establishment of unjustified administrative barriers. An important legislative measure to prevent the appearance of inappropriate and inefficient functions of government bodies is the consolidation by the federal law of a multi-stage procedure for proving the expediency and effectiveness of the introduced functions by the department and the assessment of such evidence by independent experts according to the criteria for the admissibility of state regulation included in the law. This law introduces a presumption of the inexpediency of state regulation in the socio-economic sphere, unless otherwise proven in accordance with the procedure of the department. Similar laws have shown their effectiveness in Australia, Mexico and the United States.

Structure and system of executive authorities

The first stage of the administrative reform was devoted to changing the organization of the executive power, connected with the delimitation of the powers of ministries, services and agencies.

The structure and system of executive power must ensure:

1) specialization of executive authorities;

2) organizational separation of functions, the performance of which creates a conflict of interest;

3) internal controllability of the executive branch;

4) prompt development and coordination of policies between executive authorities.

These requirements are met by a three-level system of executive power. The three-level system of executive authorities was fixed by the Decree of the President of the Russian Federation of March 9, 2004 No.

No. 314 "On the system and structure of federal executive bodies".

It consists of executive authorities of various specializations with organizational separation of law-establishing, law-enforcement (supervisory) functions, provision of public services and management of state property: federal ministries, federal services and federal agencies.

Federal ministries develop policy in a certain area of ​​state regulation (concepts, programs, federal targeted programs, budget), develop and adopt regulatory legal acts, and also carry out international cooperation (negotiations, international treaties and agreements). They should not have control and supervisory powers (conducting inspections, imposing penalties, issuing licenses, permits, quotas, etc.) in relation to citizens and organizations, as well as perform the functions of providing public services and managing property (managing subordinate organizations, representing the interests state in joint-stock companies with the participation of the state, etc.). The policy making process is thus separated from the policy execution process.

Federal services carry out control and supervision or law enforcement functions and should not have the authority to prepare and adopt regulatory legal acts or manage state property. Their purpose is to implement the policy developed by the federal ministries and approved by the Government of the Russian Federation, to stop violations of the law, to ensure security in a certain area of ​​public relations.

Federal agencies are specialized in performing the functions of managing state property, implementing state programs and providing public services. They cannot have control and supervisory powers and the right to develop and adopt regulatory legal acts.

This functional specialization eliminates conflicts of interest between policymaking, policy enforcement, and policy enforcement functions.

With this model of organization of executive power, the number of ministries is significantly reduced, federal services are consolidated (linked with the object and subject of control), the number of agencies, on the contrary, increases.

The controllability of a functionally specialized system of executive power is achieved, on the one hand, by a clear delineation of the competence of executive bodies, their relative autonomy, and, on the other hand, by subordination between executive bodies. Federal services, with the exception of those subordinated to the President of the Russian Federation, and federal agencies are subordinate to federal ministries on a number of issues.

Changes in the system and structure of the executive authorities are mainly focused on the distribution of powers horizontally between new types of bodies. Most of the federal agencies and services were transferred to the jurisdiction of the respective ministries, but the relationship between them was not clearly defined, which led to the spread of informal administrative interactions - verbal orders, personal agreements. Accordingly, at the present time, after the approval of the new structure of departments at the federal level of the executive branch of Russia, the processes of forming the nature and content of administrative interdepartmental relations continue.

Ensuring information openness of the authorities

Ensuring the information openness of the authorities is an independent task within the framework of the administrative reform. Its solution will not only allow citizens and organizations to be informed in a timely manner about the activities of state bodies, but will also ensure constant control over the activities of the authorities. To do this, it is necessary: ​​to adopt a lot of normative legal acts, the basis of which will be the federal laws "On ensuring access to information on the activities of state bodies and local self-government bodies" and "On official secrets"; create open and accessible information resources of state executive authorities and ensure their constant monitoring for completeness and transparency.

Consolidation of quality standards for the provision of public services

The fixing of quality standards for the provision of public services serves the purpose of guaranteeing that a citizen receives services of a given quality in the minimum period necessary for this, in conditions of comfort and accessibility. General requirements for public services, types of public services, the content of quality standards, the procedure for compensating citizens and organizations in the event of the provision of services of inadequate quality, the procedure for developing and adopting quality standards for public services, the principles for their financing should be enshrined in the federal law "On Quality Standards for Public Services ", and the quality standards for specific public services are approved by acts of the Government of the Russian Federation.

5.2. Relationship between public administration reforms

Public service reform

Civil service reform began in 2003, ahead of other public administration reforms. The reform of the civil service, along with the ongoing administrative, judicial and legal, law enforcement, military, and educational reforms in the country, is considered a priority in the field of modern state building.

Since the beginning of this century, large-scale work has begun in the Russian Federation to reform the existing since the mid-1990s. public service institution.

The reform of the public service of the Russian Federation is carried out to improve the efficiency of public administration, the formation and development of the public service system, its individual types, the quality training and rational use of the personnel of state bodies of the Russian Federation.

The civil service of the Russian Federation is the most important instrument of transformations carried out in society and the state related to the development of the economy, the social sphere, the strengthening of the executive vertical, national security, the formation of civil society institutions and the legal culture of Russian citizens.

It should be noted that the Concept for reforming the civil service system of the Russian Federation was the first to state the absence in the Russian Federation of a holistic and comprehensive system of legal support for civil service at the federal level and at the level of constituent entities of the Russian Federation, which is due to the following main circumstances:

1) the current legislation of the Russian Federation on public service is internally contradictory, since the legal foundations of the types of federal public service are regulated by various legislative acts of the Russian Federation that do not correspond to each other;

2) in the constituent entities of the Russian Federation various legislative acts have been adopted on issues of public service, which in some cases contradict the legislation of the Russian Federation;

3) in general, the legislation of the Russian Federation on public service is characterized by incomplete legislative regulation of public-service relations.

Such highly critical conclusions, which nevertheless have an objective character, required the adoption of comprehensive measures to change the current situation, which found very prompt expression in the legislation of the Russian Federation.

To solve the problem of reforming the civil service, Decree of the President of the Russian Federation of November 19, 2002 No. 1336 approved the federal program "Reforming the Civil Service of the Russian Federation (2003-2005)". The purpose of the Program is to increase the efficiency of the civil service as a whole, its types and levels, optimize the costs of civil servants and develop the resource support of the civil service. Of course, in order to achieve this goal, it is necessary, first of all, to solve the problem of optimal organizational and legal support of the civil service. In this regard, the named Decree of the President of the Russian Federation established that one of the main directions of reforming the civil service of the Russian Federation is the creation of a comprehensive legal framework for regulating the civil service of the Russian Federation, which would fully ensure the fulfillment of the tasks and functions assigned to the civil service in accordance with the Constitution and universally recognized principles and norms of international law.

The Federal Program states the need to develop and adopt a number of priority federal laws and other regulatory legal acts (on the public service system of the Russian Federation, on types of public service, on municipal service, etc.). As expected, these legislative and regulatory legal acts in a comprehensive manner should provide a unified approach to the legal regulation and organization of state and municipal services, improvement of the remuneration system for state and municipal employees, openness of the civil service in the interests of the development of civil society and strengthening of the state, the introduction of modern methods forecasting, financing, evaluation, incentives, logistics of the public service, public service management.

At the present stage of the formation of the management system of the public service of the Russian Federation, it is necessary to propose and implement an optimal management model. Alternative models should be formulated, their advantages and disadvantages, and the possibility of implementation in Russian conditions should be shown. From alternative models, the most optimal one should be chosen. The optimal model, firstly, should be based on the provisions of the new legislation on the civil service of the Russian Federation. Secondly, this model should be consistent with other areas of administrative reform and the new system and structure of federal executive bodies adopted in accordance with Decree of the President of the Russian Federation of March 9, 2004 No. 314 "On the system and structure of federal executive bodies." A serious obstacle to the introduction of new public service mechanisms has become restrictions associated with the underdevelopment of other elements of effective public administration (budget planning, technologies for the effective performance of functions, the procedure for planning and evaluating the activities of executive authorities and their divisions).

Service contracts established as part of civil service reform, for example, require clear performance measures for civil servants. These indicators, in turn, can be obtained only taking into account the goals, objectives, indicators of the activities of the state body as a whole, its divisions. If there are no such indicators, then individual performance indicators will be subjective, they cannot be balanced either with the payroll fund or with the performance indicators of related departments, the body as a whole.

Administrative regulations and standards

Administrative regulations and standards are supposed to be used as tools to improve the effectiveness of public administration. Administrative regulations for the performance of public functions and the provision of public services contain detailed descriptions of the sequence of actions and the timing of their implementation, necessary to achieve the established results. Administrative regulations are approved by executive authorities along with official regulations.

Standards of state functions and services are inextricably linked with administrative regulations. The standards set the final qualitative and quantitative characteristics of administrative and managerial processes, establish requirements for the level of accessibility and quality of interaction between the executive bodies of state power, their structural divisions and officials with citizens and organizations. Currently, the lack of standards does not allow specifying the obligations of the authorities to society, introducing objective procedures for monitoring and evaluating their activities.

The public service standard is a systematized set of requirements for the quality of services provided by a government body or an authorized organization, determined on the one hand, based on the needs and wishes of customers, on the other hand, taking into account the technological, logistical, financial and other resource constraints of the state body. Public service is a normatively established way of ensuring the rights and freedoms, as well as the legitimate interests of citizens and organizations by state authorities, carried out in the interaction of an individual or legal entity (user, client) with an executive authority or civil servant.

Along with service standards, it is planned to introduce service standards for public authorities, which contain requirements for the general procedure for interaction between public authorities and citizens and organizations that are invariant to specific types of services. The service standard includes such requirements as: timely and complete response to calls, letters; frequency of site updates; forms of responses to written inquiries, complaints; the procedure for providing information to citizens (the mode of payment, forms and terms of provision); a list of contact persons who can be contacted regarding improper performance.

The main goal of standardization is to minimize the costs of interaction between citizens (legal entities) and authorities in the process of providing public services. Interaction is subject to standardization, and not the content of the service (the amount of the allowance, the quality of drinking water, the number of teaching hours in a particular discipline). The introduction of standards and regulations will make it possible to focus the activities of executive authorities on the interests of users.

Currently, draft federal laws "On Administrative Regulations" and "On Standards of Public Services" have been prepared, pilot standards and regulations for a number of administrative and managerial processes have been developed in the Ministry of Information Technologies and Communications of the Russian Federation, in the Federal Agency for Federal Property Management.

Budget reform

One of the main objectives of the administrative reform is to introduce the principles of results-based management. The key aspect here is the reform of the budget process. The Ministry of Economic Development of Russia, together with the Ministry of Finance of Russia, developed the Concept for Reforming the Budget Process in the Russian Federation in 2004-2006, which was approved by Decree of the Government of the Russian Federation of May 22, 2004 No. 249. The concept involves several important areas for reforming the budget process:

1) transition to a medium-term perspective of budget planning - from an annual plan to a three-year plan;

2) transition from estimated financing to program-target methods of financing;

3) expanding the powers of the subject of budget planning and the head of the state body, who should have more freedom in the distribution of budgetary funds, but at the same time their responsibility for the use of budgetary funds will increase;

4) strengthening control over the achievement of final results by state bodies, i.e., funding is expected based on an assessment of the achievement of these results. In fact, there is a transition from cost control to control by results.

Thus, three global stages of this work can be distinguished:

1) formulation of strategic goals;

2) concretization and decomposition of these goals and setting goals;

3) determination of indicators for achieving these goals.

All of the above areas of reform can be attributed to the first stage of administrative reform. The second stage of administrative reform is associated with the preparation, adoption and implementation of the Concept of Administrative Reform in the Russian Federation in 2006-2008.

At the end of 2005, it was stated that the implementation of the first stage of the administrative reform made it possible to create the necessary prerequisites for further comprehensive modernization of the system of public administration and local self-government. An analysis of the functions of the federal executive authorities was carried out and proposals were made to eliminate redundant and duplicating functions. A new structure of federal executive bodies has been formed, reports on the results and main directions of their activities have been prepared. The reform of state unitary enterprises and state institutions began. Draft model administrative regulations are being developed, and pilot projects are underway to create registers and standards for public services. Regulations have been prepared aimed at ensuring access to information of state bodies and local governments, reforming the procurement system for state and municipal needs.

At the same time, only a relatively small part of the issues of administrative reform has reached the stage of practical implementation, mainly relating to the reorganization of federal executive bodies. Measures to continue the administrative reform are of an inertial nature and are aimed primarily at completing the formation of federal executive bodies in their new configuration.

In a number of priority areas of administrative reform, work has not been started or has been suspended. First of all, this concerns the mechanisms for exercising the powers of executive authorities for their work in the new conditions. In particular, the mechanisms for exercising control and supervision, combating corruption, interaction between the state and civil society structures, pre-trial appeals against decisions and actions of state bodies and officials have not been developed and implemented. There is no necessary coordination of the activities of the federal executive authorities on the implementation of information technology support systems for administrative processes.

In addition, the reform mainly affected the federal level of executive power. At the regional level, administrative reform is implemented in only a few experiments.

New mechanisms of functioning and interactions cannot be created by the executive authorities themselves within the framework of the established models of activity. Their creation requires an integrated project approach, implemented within the framework of the federal target program.

By Decree of the Government of the Russian Federation of October 25, 2005 No. 1789-r, the Concept of Administrative Reform in the Russian Federation in 2006-2008 was approved. and an action plan for the implementation of administrative reform in the Russian Federation in 2006-2008. By the same order of the Government of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation are recommended to prepare their own programs and action plans for the implementation of administrative reform.

The need to implement a comprehensive program is due to the following facts.

According to international experts, in terms of the effectiveness of public administration and the quality of public services, the Russian Federation is on the same level as countries that are much inferior to it in economic development. And according to a number of integral indicators used in international practice, Russia is significantly inferior not only to developed countries, but also to most countries of Eastern Europe. In particular, in the ranking of international competitiveness of the World Economic Forum over the past year, the Russian Federation has dropped from 81 to 89 place in terms of the "quality of state institutions". According to the GRICS (Governance Research Indicator Country Snapshot) index, which is determined every two years by the World Bank and evaluates the effectiveness of public administration in 209 countries, Russia is ranked at the bottom of the rankings. According to the Corruption Perceptions Index, calculated by the international organization Transparency International, in 2004 Russia ranked 146th among 90 countries.

The system of executive power is very closed to citizens and businesses. According to international studies, according to the opacity index, Russia ranks 48th among the 40 largest powers. With this level of non-transparency, the additional costs of Russian and foreign investors due to the increase in risks amount to 5,64% of the invested funds. At the same time, according to experts, a decrease in the level of opacity by an average of one point correlates with an increase in average annual GDP per capita by $986, foreign direct investment relative to GDP by 1% and a decrease in inflation by 0,46%.

The results of Russian studies of the state of the public administration system also testify to the low efficiency of state power, the corruption of the state apparatus, and the decline in citizens' confidence in state institutions and civil servants. The data of polls conducted by the Public Opinion Foundation in 2004 in seven regions of the Russian Federation testify to a negative assessment by citizens of the activity of civil servants in the provision of public services (more than 71% of the respondents). More than 76% of the respondents faced manifestations of corruption in the state apparatus.

The said Concept defines the goals and objectives of the reform, expressed, in particular, in the need to introduce standards of public services, increase the transparency of the activities of executive authorities.

In 2006, it is planned to introduce a mechanism for pre-trial appeal by citizens and organizations of actions and decisions of executive authorities and officials, the development of standard administrative reform programs for federal executive authorities (ministries, services, agencies) and executive authorities of the constituent entities of the Russian Federation.

In 2007, as part of the administrative reform, it is planned to introduce the practice of anti-corruption expertise of draft laws and other normative legal acts, and implement administrative reform programs in the constituent entities of the Russian Federation.

In 2008, the main standards of public services and administrative regulations will be introduced. In addition, in 2008 it is planned to complete the liquidation of redundant functions of federal and regional executive authorities. The Concept provides indicators for achieving the goals of administrative reform, which, in particular, include: assessment by citizens of the activities of executive authorities in the provision of public services, the level of business costs to overcome administrative barriers, the place of the Russian Federation in international ratings of public administration quality indicators.

The goals of administrative reform in the Russian Federation in 2006-2008. are: improving the quality and accessibility of public services; limiting state intervention in the economic activities of business entities, including the cessation of excessive state regulation; increasing the efficiency of the activities of executive authorities.

To achieve these goals, it is necessary to solve the following tasks:

1) implementation in the executive authorities of the principles and procedures of management based on results;

2) development and implementation of standards for public services provided by executive authorities, as well as administrative regulations in executive authorities;

3) optimization of the functioning of executive authorities and the introduction of anti-corruption mechanisms in the areas of activity of executive authorities;

4) increasing the efficiency of interaction between executive authorities and civil society, as well as increasing the transparency of the activities of executive authorities;

5) modernization of the information support system for executive authorities;

6) formation of the necessary organizational, informational, resource and personnel support for administrative reform, improvement of mechanisms for disseminating successful experience in public administration.

The main measures of administrative reform should be implemented in 2006-2008.

The administrative reform provides for the implementation of measures in six main areas.

1. Management by results

The purpose of implementing this direction is to introduce methods and procedures of results-oriented management and project management in the Government of the Russian Federation, federal executive authorities, executive authorities of the constituent entities of the Russian Federation and organizations subordinate to state bodies.

The introduction of results-based management mechanisms will allow:

1) achieve the planned socially significant results both at the level of the Government of the Russian Federation as a whole and at the level of individual federal executive authorities and executive authorities of the constituent entities of the Russian Federation;

2) more effectively exercise control over the execution of decisions of federal executive authorities and executive authorities of the constituent entities of the Russian Federation;

3) increase the efficiency of the use of resources of federal executive authorities and executive authorities of the constituent entities of the Russian Federation.

2. Standardization and regulation

The objectives of the activities in this area are the development and implementation of public service standards, administrative regulations, as well as the improvement of existing and the creation of new effective mechanisms for pre-trial appeal against the actions and decisions of executive authorities and their officials.

Achieving these goals will make it possible to: improve the quality of public services, make them accessible to citizens and organizations, orient the activities of executive authorities to the interests of users; improve the quality and efficiency of administrative and managerial processes in executive authorities.

3. Optimization of the functions of executive authorities and combating corruption

The objectives of the implementation of the administrative reform in this area are to optimize the functions of the executive authorities, including the functions of control and supervision, and the introduction of special mechanisms for combating corruption in the executive authorities.

The main activity should be focused on the exclusion of redundant and duplicating functions of the executive authorities, the organizational separation of legal functions, the functions of supervision and control, and the functions of managing state property and providing public services.

4. Improving the efficiency of interaction between executive authorities and society

The objectives of the activities in this area are to increase the effectiveness of interaction between executive authorities and civil society, as well as to increase the openness of the activities of state bodies and local governments.

As part of the administrative reform, it is necessary to develop a regulatory and methodological framework and introduce mechanisms to increase the openness of state and municipal bodies, as well as to improve the interaction between executive authorities and society. In particular, it is necessary to create effective channels for the influence of civil society (citizens, organizations, the business community) on the preparation and adoption of executive decisions affecting their rights and legitimate interests.

Mechanisms should be developed and implemented:

1) disclosure of information on the activities of state bodies and local governments;

2) holding public discussions of the decisions being prepared;

3) conducting a public examination of socially significant decisions of executive authorities;

4) inclusion of representatives of civil society in the boards of supervisory authorities, working groups, other structures for the preparation of regulatory legal acts and other decisions of executive authorities affecting the rights and legitimate interests of citizens and organizations;

5) creation and activities of public councils under the executive authorities with the participation of representatives of civil society;

6) determining the ratings of executive authorities and local governments according to the criterion of openness.

5. Modernization of the information support system for executive authorities

The purpose of the activities in this direction is to modernize the information support system for the activities of executive authorities based on the introduction of international standards and the creation of monitoring systems in the main areas of administrative reform.

Within the framework of this direction, it is planned to develop methodological foundations and systems for monitoring management processes based on results, the quality of public services, the effectiveness of departmental and regional anti-corruption programs, public procurement, information openness of executive authorities and local governments, the development of civil society and its participation representatives in the process of preparation and adoption of decisions by state bodies with the subsequent implementation of the necessary monitoring.

6. Ensuring administrative reform

The unpreparedness of the participants in the administrative reform for its implementation can lead to a slowdown in the process of transformation and necessitates effective coordination of measures to implement administrative reform at the federal and regional levels.

The objectives of the activities in this area are the formation of the necessary organizational, informational, personnel and resource support for administrative reform, the improvement of mechanisms for disseminating successful experience in public administration.

As part of the implementation of these activities, it is planned to:

1) creation of standard administrative reform programs for federal ministries, federal services and agencies;

2) creation of a standard program of administrative reform in a constituent entity of the Russian Federation;

3) development of guidelines for the implementation of administrative reform in the municipality;

4) development of training programs for new public administration procedures for their implementation within the framework of educational programs and advanced training courses for state and municipal employees;

5) monitoring the effectiveness of administrative reform measures at the federal and regional levels;

6) improving the mechanisms for disseminating successful experience in public administration;

7) interaction with the public on the implementation of the administrative reform;

8) formation of an effective mechanism for managing measures to carry out administrative reform.

Speaking about reforms, the Russian sociologist, Professor Pitirim Sorokin (1889-1968) formulated four signs of their success:

1) the conformity of this reform with the basic instincts of the people (i.e., the idea of ​​the people about good and evil);

2) scientific validity of the reform;

3) approbation of the reform in a certain narrow region;

4) legality of reforms.

A few more conditions can be mentioned: the presence of a modernization project (reform strategy); the consent of the active part of society, ready to consciously implement this strategy; the presence of a strategically thinking elite; the ability of the elite to be socially responsible.

Reforming the system of public administration in Russia is one of the important conditions for high rates of socio-economic development of the country. In this regard, the balance of measures for the implementation of administrative reform, aimed at increasing the efficiency of the activities of government bodies and priority areas for reforming the political system of the Russian Federation, is of particular importance.

Topic 6. Trends in the development of federal relations

6.1. Territorial organization of power and forms of government

The state unites heterogeneous (in ethnic, religious, linguistic, cultural) social communities, so there is a need to ensure the interaction of these communities and the integrity of the state. Managing a large state with a large territory and a large population from the center is quite difficult, which implies the creation of a rather complex system of government.

The stability of state institutions, the entire political life of society largely depends on the form of government. The form of government reflects the territorial structure of the state, the relationship between the state and its constituent territorial units.

It is important to clarify that the territory - one of the main features of the state and the most important element in understanding the essence of the state as a form of political organization of society - is the foundation for building a system of state authorities and local self-government, aimed at successfully solving the problems of rational organization of the state.

Under territorial organization one should understand certain rules for the arrangement of both the constituent parts of the state territory and the state as a whole; at the same time, the territorial organization of the state ensures the establishment of appropriate relationships between territorial units, as well as the exercise of public authority on the basis of the division of territory.

When we talk about the territorial structure of the state, we mean, first of all, the form of territorial organization of power.

Territorial structure states are, on the one hand, a form of territorial organization of power, and on the other, a system of relationships between the state as a whole and its constituent parts (territories). The nature of these relationships determines two main forms of state-territorial structure: unitary and federal. The third form of government - a confederation - is no longer a territorial association of the constituent parts of a state, but usually an association of sovereign states that have their own territorial government.

Political-territorial structure state is a way of political and territorial organization of the state, a system of relationships between people living in the center and different regions, the distribution of power on the territory of the state between central and local government bodies.

Most states of the world have a unitary territorial structure. Unitary - a single state with a single constitution and citizenship, with a single system of authorities and legal proceedings, where a single system of legislation functions, a single legal and monetary system. A unitary state is characterized by centralized management of administrative-territorial units and the absence of separate (independent) state-territorial entities. This is a single, indivisible, constituting one whole state-territorial structure. At the same time, two types of modern unitary state are distinguished - centralized and decentralized unitary states.

In centralized unitary states, the subordination of regions to the center is carried out through officials appointed by the central authorities. Kazakhstan, the Netherlands, Uzbekistan, Finland can be attributed to this type of unitary state. In decentralized unitary states, regional authorities are formed independently of the central ones, therefore their legal relations are built on the basis of decentralization. Such unitary states are Great Britain, Spain, Italy, New Zealand, Japan.

Often, modern unitary states are divided into states with a symmetrical and asymmetric territorial structure.

A state with a symmetrical administrative-territorial structure is characterized by the fact that its territorial parts have an equal political and legal status. For example, voivodeships in Poland or regions in Belarus are equal. In a state with an asymmetric administrative-territorial structure, its territorial parts have a different political and legal status. Such characteristic features are inherent in Italy, where Sicily, Sardinia and some other territorial units have special forms and conditions of autonomy, and the status of these autonomies is determined by separate constitutional laws. Many regions of Spain (Catalonia, Galicia) also have an asymmetric status. In recent years, Italy, Spain, the Netherlands and France, while remaining formally unitary, have used individual elements of federalism in their state-territorial structure.

In modern unitary states, there are often several links of administrative-territorial units, depending on the population and territorial size of the state. There is a two-tier, three-tier and four-tier administrative-territorial division. Usually the largest territorial units are provinces, regions, provinces; these territorial units are divided into districts, districts, counties, etc. Some small states do not have administrative-territorial divisions at all.

The territorial organization of a federal state can be considered as a system consisting of the following components: a political-territorial organization (in the Russian Federation - republics, territories, regions, etc.), an administrative-territorial organization of subjects of the federation (cities, districts, towns, etc. d.), economic-territorial organization (zonal-economic region, economic region of a subject of the federation, municipal unit) and departmental organization (departments, departments, etc.).

It is generally accepted that in a federation, both at the level of the center and the territorial parts, there are the main structural elements of the state: legislative, executive, judicial power, other parts of the state apparatus, etc. At the same time, the presence of these elements is guaranteed by the norms of constitutional law and they are not can be arbitrarily liquidated by the central government.

Федерация - this is, first of all, a complex of territories that have specific features that characterize the state itself. But these territories are not states, they are state-like, since they represent territorial units of the state (they are usually called state-territorial entities) and do not have sovereignty, i.e., supreme power independent and unlimited from external factors, since sovereignty is an attribute of the state and not inherent in its territorial units.

federal government characterized by the unification of two or more territorial units - subjects of the federation (states, lands, provinces, cantons, republics, regions) into one state. These territories have significant political, economic and cultural independence, have their own administrative-territorial division and legislation.

In federal states, there are supreme federal authorities and supreme authorities at the level of subjects of the federation, that is, there are two levels of state power - federal and regional.

The powers of the authorities of both levels have a constitutional or other legislative distinction. Federations are characterized by the presence of a dual legal system, often dual citizenship, a bicameral parliament, one of the chambers of which represents the interests of the subjects of the federation, and the second - the national interests.

There are three most famous forms of federation: contractual, centralist and cooperative. At the same time, it should be emphasized that specific forms of federation are constantly changing, reflecting various options for the relationship between the federal government and the subjects of the federation.

The contractual form of federation considers the federation as an association of states transferring certain rights to the newly formed central authorities on the basis of an agreement. The centralist form of federation assumes that all socio-economic and political life in individual parts of the state should be carried out on the basis of decisions of federal bodies. The cooperative form of the federation is based on socio-economic cooperation between the federal center and the subjects of the federation.

There are also two main forms of formation of federations: on the basis of the union and on the basis of the autonomy of the subjects of the federation. It is generally accepted that most of the federations, originally created on the basis of the union, over time, in the course of centralization processes, have actually turned into federations based on the autonomy of subjects that do not have the right to secede from its composition. In recent years, a qualitatively new concept of "European federalism" has been used - a special form of political union of the states of Western Europe, where political integration is based on the merging of state structures into a broader interstate community with the creation of new institutions of power and the transfer to them of the sovereign rights of national political bodies. Two basic principles of building a federation have developed in the world - national-territorial and territorial.

Confederation unites independent states to solve common pressing problems (military, energy, financial, etc.). Confederation cannot be called a form of government. This is a temporary interstate union formed on the basis of an international treaty, whose members fully retain their state sovereignty.

The main features of the confederation:

1) lack of a single territory;

2) unlimited right to withdraw from the union;

3) the central government depends on the governments of independent states, since it is supported by their funds;

4) financial resources for common purposes and a common policy are formed from contributions from members of the union;

5) the armed forces of the confederation are under general command;

6) the general agreed international policy does not exclude the independent position of the members of the confederation on specific issues;

7) legally all members have equal rights, but in reality the priority role in the confederation is played by the state with a higher military-economic potential.

Confederations are usually short-lived - they either break up or transform into a federation. However, the principle of confederalism can become a stimulating factor in modern integration processes (in the development of the European Union, the CIS countries, etc.).

6.2. Modern federalism: concept, principles, features, criteria

Federalism - this is a system of basic features and principles of a certain form of government, a set of structures, norms and methods of public administration that establish the interaction of the center and subjects and ensure the rational and efficient functioning of the state in the interests of both the federation as a whole and its subjects.

The essential features of federalism include:

1) the state-like nature of territorial units united into a single state - subjects of federations;

2) constitutional division of competencies between the subjects and the center;

3) the inadmissibility of changing borders without the consent of the subjects;

4) the territory of the federation consists of the territories of the constituent entities of the federation (states, republics, lands, etc.) and in political and administrative terms does not represent a single whole, but there is a unified system of borders and its protection;

5) the subjects of the federation do not have full sovereignty and do not have the right to secession (unilateral withdrawal from the federation);

6) the subjects of the federation have their own system of legislative, executive and judicial authorities, but in relation to the federal system of federal state authorities they are subsystems, the limits of their jurisdiction are determined by the federal constitution and laws;

7) subjects of the federation develop their constitution (charter), system of laws, observing priority, compliance with the federal constitution and legislation;

8) in the federation there is no single state budget, but there is a federal budget and budgets of the constituent entities of the federation;

9) citizenship in a federation is usually dual: each citizen is considered a citizen of the federation and a citizen of the corresponding subject of the federation;

10) regulated by law, guaranteeing equality of all citizens on the territory of the federation;

11) subjects do not have full supremacy on their territory and are limited in their rights to act independently in the field of international relations;

12) the federal parliament is usually bicameral, the upper house consists of representatives of the constituent entities of the federation, the lower house is a body of national representation and is popularly elected.

The main principles of federalism include: the voluntariness of the unification of states and similar entities into a single state; adoption of the federal constitution and the constitutions of the subjects of the federation; single-order (symmetrical) constitutional status of subjects of the federation and their equality; constitutional and legal distinctions between the sovereignty of the federation and the sovereignty of its subjects; common territory and citizenship; a single monetary and customs system, the federal army and other institutions of the state that ensure its safe existence and functioning.

Forms of the federation reflect the options for the relationship between the federal government and the subjects of the federation.

It is generally accepted that federal states must meet the following conditional criteria:

1) the federal government (authority) has the right of exclusive control over the conduct of foreign policy;

2) states - subjects of the federation are not authorized to withdraw from the federation or unilaterally terminate ties with the national union (federation);

3) the federal government can use its power independently of the member states of the federation and carry out its will without their direct approval;

4) no amendments can be made to the federal constitution without the approval of the member states of the federation;

5) the federal government is not authorized to unilaterally change the boundaries of the constituent entities of the federation;

6) state power is divided between the federal government and the governments of the states - subjects of the federation;

7) certain and sufficiently significant powers should be reserved for member states;

8) the main legislative body of the country must be bicameral, and the constituent states of the federation must have equal representation in at least one of its chambers;

9) the court should be organized according to the dual principle: each level has its own courts to ensure the effectiveness of laws;

10) The federal court interprets the constitution and can resolve conflicts between the federal government and the governments of the member states of the federation.

6.3. Constitutional and legal foundations of modern Russian federalism

The foundations of the constitutional system of the Russian Federation characterize Russia as a democratic federal legal state with a republican form of government.

According to Art. 5 of the Constitution "The Russian Federation consists of republics, territories, regions, cities of federal significance, an autonomous region, autonomous regions - equal subjects of the Russian Federation." In this regard, when considering the problems of the political and territorial structure of the republic, they are often called national-state entities; territories, regions, cities of federal significance - by administrative-territorial formations; autonomous region and autonomous regions - national-territorial formations. This characteristic is due to the fact that the political and territorial structure of modern Russia is based on two interrelated principles - national-territorial and territorial.

From a legal point of view, these differences in the names (republic, territory, region) of the subjects of the Federation cannot serve as a basis for considering that the subjects of the Russian Federation have any differences in status and powers, since they are equal among themselves and in relations with federal authorities in accordance with Part. 4 Article. 5 of the Constitution. The equality of the constituent entities of the Russian Federation cannot be called into question due to the fact that in the Constitution, after the mention of the republics, the word "state" is placed in brackets, and also because the Basic Laws of the Russian republics are called constitutions, while in other subjects they are called charters. . In these differences in names, some see the inequality of the subjects of the Russian Federation and even the asymmetry of the constitutional status of the subjects of the Russian Federation. However, in particular, in Part 1 of Art. Article 5 of the Constitution establishes the equality of all subjects of the Russian Federation (republics, territories, regions), and part 2 of the same article defines the status of republics as states that have their own constitution, unlike other subjects. Such disagreement creates a constitutional and legal prerequisite for the actual inequality of subjects with inevitable mutual conflicts both between them and with the federal authorities. Speaking about the subjects of the Federation, they initially mean their equality, otherwise there cannot be a full-fledged federal system.

The Constitution (part 3, article 5) emphasizes that the basis of the federal structure of Russia is the primacy of its state integrity, the unity of state power in the delineation of jurisdiction and powers between state authorities of the Federation and state authorities of the constituent entities of the Russian Federation. The Constitution recognized the diversity of national, demographic, geographical, communicative, household and other specifics of the subjects of the Federation and provided the opportunity for constitutional (statutory) regulation of social relations within each subject of the Russian Federation.

The federation, having two levels of state power, regulates not the entire sphere of the political life of the state, as it relies on the constitutional principle of delimiting the subjects of jurisdiction and powers between federal and regional government bodies. This principle cannot be considered separately from another constitutional principle, according to which, in relations with federal government bodies, all subjects of the Russian Federation are equal among themselves.

Uniform application of the principles of the territorial and political structure of the Russian Federation guarantees the development of local self-government throughout its entire territory, regardless of the name of the subject of the Federation (republic, territory, region, etc.). This form of democracy may take into account the historical, national and cultural characteristics that have developed on the territory of a particular subject of the Russian Federation, but the political principles of organizing local power remain the same for all subjects.

The federal structure of Russia is based not only on its state integrity and the unity of the system of state power, but also on the equality and self-determination of the Russian peoples. Taking into account the multinational nature of the Russian Federation, this self-determination can be implemented in accordance with the Constitution and federal legislation only within the framework of the Russian Federation, that is, self-determination up to secession is not allowed. Therefore, the implementation of the constitutional principle of equality and self-determination of peoples in intrastate federative relations cannot be associated with the formulation by any people living within the territory of the Russian Federation of the question of the right to self-determination in the form of the formation of an independent sovereign state.

The principle of equality of peoples is confirmed by Art. 6 of the Constitution, which recognizes the equal rights and freedoms of people regardless of their place of residence, their belonging to a national state or administrative-territorial entity. All nations are equal regardless of their size and level of development. There is a relationship between the rights and freedoms of the individual and the rights and freedoms of peoples. The people in which human rights are suppressed cannot be free, just as a person cannot feel free if the rights of his people are violated.

The principle of self-determination of peoples was enshrined in the Constitution. It is impossible to imagine the organization of state power and the system of state administration, democratic and republican forms of government on the scale of the nation-state without the principle of political representation. The main instrument for implementing the principle of representation is political parties and elections. Most state institutions that make key decisions for the state and society that are of vital importance to citizens are organized as a result of periodically held elections.

6.4. Features of the political and territorial organization of the Russian Federation

The constitutional design of the modern state structure of the Russian Federation took place in difficult conditions of transition from the Soviet model of federalism to the legal model. Therefore, the above criteria for the federal structure of the state in the conditions of Russia have their own characteristics, and some of them are simply unacceptable.

Virtually no federal state in the world is expected to have a unified system of executive power. In accordance with Art. 77 of the Constitution provides for the creation of a unified system of executive power within the framework of the exclusive jurisdiction of the Russian Federation and joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

The judicial system of the Russian Federation also differs significantly from the judicial systems of other federal states, as it is exclusively federal. In the constituent entities of the Russian Federation, only constitutional (charter) courts with rather limited powers can be created.

Various types of subjects of the Russian Federation (republics, territories, regions, autonomous formations, cities of federal significance) and some uncertainties regarding the equality of their constitutional and legal status make Russia an asymmetric federation.

The multinational composition of the population, a vast territory with different natural and geographical conditions, a historical trace in national relations and a specific political situation associated with the threat of the collapse of the Russian state - all this determines the specifics of the federal structure of Russia.

In terms of its social content, Russian federalism personifies state unity, the unification of dozens of peoples as ethnoterritorial communities around the Russian people, which is the core and main unifying force of a multinational federal state.

The peculiarity of modern Russian federalism is that it combines territorial (all-territorial) and national (national-territorial) principles.

The peculiarity of modern Russian federalism is that it is a relatively young federalism, which is still in the process of formation and is inextricably linked with the further democratization of the country. Although formally Russian federalism dates back to October 1917, its real formation and development began only in the last decade of the XNUMXth century.

One of the features of Russian federalism is that the Russian Federation is the largest federation in the world. A large number of subjects create a controllability problem. Control theory defines the scale of controllability within 9-13 objects. The ongoing process of unification of the constituent entities of the Russian Federation as a way to solve this problem has not yet yielded concrete results.

The Russian Federation is an asymmetric federation that allows for a diverse status, political, state-legal and financial status of its constituent entities. The symmetry is broken, since initially the definition of the subjects of the Russian Federation was based on different principles: some were formed on a national basis and became republics, others - on a territorial basis - territories, regions, the cities of Moscow and St. Petersburg, others - on a mixed, national-territorial - autonomous region and autonomous district. Thus, three models of the constitutional structure of the constituent entities of the Russian Federation were established. The Constitution proceeded from the Federal Treaty and fixed its compromise provisions: on the one hand, the equality of all subjects among themselves and in relations with state authorities, on the other hand, it confirmed the diversity of the socio-political statuses of the Russian Federation.

In accordance with Art. 66 of the Constitution, the status of a republic is determined by the Constitution and the Constitution of the Republic.

A feature of the Russian Federation is the legal status of autonomous okrugs - their dual legal personality: they are independent subjects of the Russian Federation, but territorially they are part of the region, territory (the same equal subjects of the Russian Federation). The relationship of autonomous okrugs with the oblast and krai they belong to requires legislative regulation.

A feature and contradiction of Russian federalism is at the same time the provision enshrined in the Constitution (part 3 of article 11) that the delimitation of powers can be carried out not only by the Constitution, but also by Federal and other agreements on the delimitation of jurisdiction and powers. Proceeding from this, contractual relations may have a constitutional, contractual or mixed character. The existing relations of state authorities of the subjects of the Russian Federation with federal bodies can be divided into three types: close to confederal, federal, but based on individual agreements, based on the Constitution and the Federal Treaty and the statutes of most subjects of the Federation.

The Constitution does not mention the term "sovereignty" in relation to subjects, state sovereignty extends to the entire territory of the Russian Federation, at the same time, the federal government is competent in resolving only issues defined by the Constitution and relating to the entire state. But Art. 76 of the Constitution defines the limits of the jurisdiction of the Russian Federation, the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the implementation of their own regulation of the constituent entities of the Russian Federation - the adoption of laws and regulations of the constituent entities of the Russian Federation, and in this area the normative legal act of the constituent entity of the Russian Federation is in force, which emphasizes the "sovereignty" of the state power of the constituent entity RF.

In addition, the subjects of the Russian Federation independently dispose of their property, can realize their national needs and interests. The problem is that the constitutions of a number of subjects of the Russian Federation recognize the sovereignty of the republic as more voluminous, raising the status of their state formation, taking it beyond the framework established by the Constitution and international principles of federalism. These features and contradictions determine the tasks and main directions of development of federal relations, federal national and regional policy.

6.5. Stages of development of federal relations

The first stage - 1991-1993. It is characterized by the development of a decentralization trend and the desire to secede from the Russian Federation by a number of constituent entities of the Russian Federation. A certain form of compromise between the central and regional authorities was the Federal Treaties of March 31, 1992 on the delimitation of jurisdiction and powers between the federal government bodies of the Russian Federation and the authorities of the republics, territories, regions, cities of Moscow and St. Petersburg, the autonomous region, autonomous districts within the Russian Federation. After their signing, an active reform of the executive vertical of power began, its centralization and subordination to the President of the Russian Federation. The Institute of Presidential Representatives in the subjects of the Russian Federation was established in order to coordinate the activities of federal and regional power structures. This stage ended with the dissolution of the Supreme Council, which led to a sharp confrontation and destabilization of the situation in the country.

The second stage - December 12, 1993. The beginning of this stage was the adoption of the Constitution, which created a framework for the interaction of authorities. A feature of this stage is the imperfection of the legislative regulation of relations between federal and regional government bodies. Under these conditions, the constituent entities of the Russian Federation independently determine their systems of state power and political regimes (parliamentary, presidential), build relationships with the federal center. The Center's concessions to the most politically influential subjects of the Federation (Tatarstan) contribute to the stabilization of the situation in the country.

The third stage - February 15, 1994 Agreement between the Russian Federation and the Republic of Tatarstan on the delimitation of jurisdiction and mutual delegation of powers between the state authorities of the Russian Federation and the state authorities of the Republic of Tatarstan.

The fourth stage - the end of 1994. Mass signing of federal treaties. During these years, gubernatorial elections were held, and the regions gained significant independence from the Center. This stage is characterized by a new wave of decentralization. In conditions of a certain imbalance in federal-regional relations, the practice of concluding bilateral treaties and agreements between the federal center and the constituent entities of the Russian Federation has become widespread. To a certain extent, it compensated for the imperfection of the legislative base of federal-regional interaction, relieved tension and provided a certain level of stabilization of relations between federal and regional government bodies. At the same time, the problem of the asymmetry of federal relations has aggravated.

The fifth stage - 1999 - the adoption of the Federal Law of October 1999, 184 No. 6-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" (hereinafter - the Law of October 1999, 184 No. 21 -FZ), which established the general principles and procedure for delimiting the subjects of jurisdiction and powers by concluding agreements on such a delimitation between state authorities of the constituent entities of the Russian Federation and the federal center, which obliged the constituent entities of the Russian Federation by June 2002, XNUMX to bring the texts of the agreements in line with the Constitution.

The sixth stage began in 2000 and was marked by a change in the formation of the upper house of the federal parliament - the Federation Council of the Federal Assembly of the Russian Federation, the creation of the institute of federal districts, the reorganization of the institute of presidential plenipotentiaries in the regions, and the creation of the State Council of the Russian Federation.

The seventh stage in the development of federal relations began in 2004 and is associated with the process of strengthening the vertical of power, namely: in September 2004, the procedure for the formation of senior officials of the constituent entities of the Russian Federation was changed. Amendments and additions were made to the Law of October 6, 1999 No. 184-FZ, in particular, it was supplemented by chapters defining the general principles for the division of powers between federal bodies and authorities of a constituent entity of the Russian Federation and the economic basis for the activities of state authorities of a constituent entity of the Russian Federation.

Topic 7. Organization of power in the subjects of the Russian Federation

7.1. The system of regional state power

A federal state implies the existence of at least two levels of government: the federal and the level of subjects. The Russian Federation as a federal state is characterized by the presence of several levels of government: the federal level, regional (subjects of the Federation) and local (local governments). The system of three-level power is one of the signs of a democratic state, and the division of powers between these levels of power is a sign of its decentralization.

The system of state power in Russia has two levels - federal and regional. The Constitution regulates both the exclusive powers of federal state authorities and the exclusive powers of regional state authorities, as well as the joint powers of federal and regional authorities. The powers of local authorities are defined separately in the Constitution, since in Russia the independence of local self-government is guaranteed within its powers, and local governments are not included in the system of state authorities.

The legal basis for the formation and activities of public authorities of the subjects of the Russian Federation is the Constitution, federal laws, constitutions (charters) and laws of the subjects of the Federation.

The Constitution defines the basic principles on which the activities of state authorities of the constituent entities of the Russian Federation should be based: independence and independence of the authorities of the constituent entities of the Russian Federation, which have, outside the subjects of federal jurisdiction and subjects of joint jurisdiction, the fullness of state power; state integrity and unity of government bodies; protection of the rights of citizens throughout the Russian Federation; delimitation of jurisdiction and powers between federal bodies and state authorities of the constituent entities of the Russian Federation.

The establishment of general principles for the organization of state power of the constituent entities of the Russian Federation is a joint responsibility of the Russian Federation and the constituent entities of the Russian Federation, and the system of state authorities is formed by the constituent entities of the Russian Federation independently. The law of October 6, 1999 No. 184-FZ clearly established the system of state authorities of the regions, which consists of:

1) legislative (representative) body of state power;

2) the highest executive body of state power;

3) other bodies of state power formed in accordance with the constitution (charter) of a constituent entity of the Russian Federation.

The constitution (charter) of a constituent entity of the Russian Federation may establish the position of the highest official of a constituent entity of the Russian Federation.

The activities of state authorities of the constituent entities of the Russian Federation are carried out in accordance with the following principles:

1) state and territorial integrity of Russia;

2) the extension of Russia's sovereignty over its entire territory;

3) the supremacy of the Constitution and federal laws throughout Russia;

4) the unity of the system of state power;

5) division of state power into legislative, executive and judicial;

6) delimitation of subjects of jurisdiction and powers between state authorities of Russia and subjects of the Russian Federation;

7) independent exercise by state authorities of the constituent entities of the Russian Federation and local self-government bodies of their powers.

Federal executive authorities and executive authorities of the constituent entities of the Russian Federation, by mutual agreement, may transfer to each other the exercise of part of their powers.

The specifics of the organization of state power in the constituent entities of the Russian Federation are determined by the distribution of powers of the studied level of management horizontally, the mechanism of mutual deterrence and control, the method of formation and political responsibility of the executive authorities and senior officials of the constituent entity of the Russian Federation. This is what characterizes the form of government in a particular region within the known three models of organization of power: presidential, parliamentary or mixed (presidential-parliamentary).

7.2 Legislative authorities of the constituent entities of the Russian Federation

The legislative body has the status of the permanent supreme and sole legislative body of the subject of the Russian Federation. Its functions are legislative regulation of the subjects of jurisdiction of the constituent entity of the Russian Federation and subjects of joint jurisdiction, as well as independent resolution of issues of organizational, legal, informational, logistical and financial support for its activities. The legislature has the rights of a legal entity, has a stamp seal. The name of the legislative body of state power of a subject of the Russian Federation, its structure are established by the constitution (charter) of the subject, taking into account the historical, national and other traditions of the subject of the Russian Federation.

Law No. 6-FZ of October 1999, 184 defines the structure and methods of forming the legislative body of state power. Deputies of the legislative body of state power of a constituent entity of the Russian Federation are elected by citizens of Russia residing in the territory of a constituent entity of the Russian Federation and possessing active suffrage. A citizen of Russia who, in accordance with federal legislation, the constitution (charter) and (or) the law of a constituent entity of the Russian Federation, has a passive electoral right, may be elected a deputy. Elections are held on the basis of universal, equal and direct suffrage by secret ballot. The status of a deputy, his term of office, the procedure for preparing and holding elections are regulated by federal legislation, the constitution (charter) and laws of the constituent entity of the Russian Federation.

Most of the legislative bodies of the constituent entities of the Russian Federation are unicameral, only in some republics the legislative bodies of power consist of two chambers. The legislative bodies of the subjects of the Russian Federation are formed during special elections on the basis of the majoritarian and proportional electoral systems. At least 50% of the deputies of the legislative body of a constituent entity of the Russian Federation must be elected from a single constituency in proportion to the number of votes cast for the lists of candidates for deputies nominated by electoral associations.

The number of deputies of the legislative body of state power of a constituent entity of the Russian Federation is established by the constitution (charter) of the constituent entity of the Russian Federation. The number of deputy mandates ranges from 11 in the Taimyr Autonomous Okrug to 194 deputies in the Republic of Bashkortostan. The term of office of deputies of the legislative body is established by the constitution (charter) of the subject of the Russian Federation, but cannot exceed five years. The number of deputies working on a professional permanent basis is established by the law of the constituent entity of the Russian Federation.

Expenses for ensuring the activities of the legislative body of state power of a constituent entity of the Russian Federation are provided for in the budget of a constituent entity of the Russian Federation separately from other expenses in accordance with the budget classification of the Russian Federation. Management and disposal of the budget funds of a constituent entity of the Russian Federation in the process of its execution by the legislative body, individual deputies or groups of deputies are not allowed. At the same time, the powers of the legislative body of a constituent entity of the Russian Federation to exercise control over the execution of the budget of a constituent entity of the Russian Federation are not limited.

The legislative body is competent if at least 2/3 of the established number of deputies are elected to its composition. The competence of a meeting of the legislative body is determined by the law of the subject of the Russian Federation. Meetings of the legislative body are open, but closed meetings are also allowed, which is established by the regulations of this body.

Credentials legislature are quite extensive. It:

1) approval of programs for the socio-economic development of the region;

2) the establishment of taxes and fees and the procedure for their collection (within the jurisdiction of the constituent entity of the Russian Federation);

3) establishing the procedure for the formation and operation of extra-budgetary and foreign exchange funds, establishing reporting on the expenditure of funds from these funds;

4) management and disposal of the property of a subject of the Russian Federation;

5) approval and termination of contracts of the subject of the Russian Federation;

6) establishing the procedure for appointing and holding a referendum of a constituent entity of the Russian Federation;

7) establishing the procedure for holding elections to the legislative body of a constituent entity of the Russian Federation;

8) holding elections to local self-government bodies;

9) determination of the administrative-territorial structure and the procedure for its change;

10) approval of the scheme of management of the subject of the Russian Federation, determination of the structure of the highest executive body of state power of the subject of the Russian Federation.

The legislative body of state power of a subject of the Russian Federation: adopts the constitution of a subject of the Russian Federation and amendments to it; carries out legislative regulation on the subjects of jurisdiction of the subject of the Russian Federation and subjects of joint jurisdiction of the Russian Federation and the subjects of the Russian Federation within the powers of the subject of the Russian Federation.

The law of the subject of the Russian Federation:

1) the budget of the constituent entity of the Russian Federation and the report on its execution submitted by the highest official of the constituent entity of the Russian Federation are approved;

2) the procedure for holding elections to local self-government bodies on the territory of a constituent entity of the Russian Federation is established;

3) the programs of socio-economic development of the subject of the Russian Federation, presented by the highest official of the subject of the Russian Federation, are approved;

4) taxes and fees are established, the establishment of which is assigned by federal law to the jurisdiction of the constituent entity of the Russian Federation, as well as the procedure for their collection;

5) the budgets of territorial state non-budgetary funds of a constituent entity of the Russian Federation and reports on their execution are approved;

6) the procedure for managing and disposing of the property of a constituent entity of the Russian Federation, including shares (shares, shares) of a constituent entity of the Russian Federation in the capital of business entities, partnerships and enterprises of other organizational and legal forms, is established;

7) the conclusion and termination of contracts of the subject of the Russian Federation are approved;

8) the procedure for appointing and holding a referendum of a constituent entity of the Russian Federation is established;

9) the procedure for holding elections to the legislative (representative) body of state power of a constituent entity of the Russian Federation is established;

10) the administrative-territorial structure of a subject of the Russian Federation and the procedure for changing it are established;

11) a system of executive bodies of state power of a constituent entity of the Russian Federation is established.

Decree of the legislative (representative) body of state power of the constituent entity of the Russian Federation:

1) the regulations of the said body are adopted and the issues of the internal regulations of its activities are resolved;

2) a decision is drawn up on vesting a citizen of the Russian Federation, upon the proposal of the President of the Russian Federation, with the powers of the highest official of a constituent entity of the Russian Federation;

3) certain officials of a constituent entity of the Russian Federation are appointed to and dismissed from office;

4) consent is drawn up for the appointment of individual officials of a constituent entity of the Russian Federation, if such a procedure is provided for by the Constitution, federal laws and the constitution (charter) of a constituent entity of the Russian Federation;

5) a date is set for elections to the legislative (representative) body of state power of a constituent entity of the Russian Federation;

6) a referendum of a constituent entity of the Russian Federation is called in cases provided for by the law of a constituent entity of the Russian Federation;

7) a decision of no confidence (trust) in the highest official of a constituent entity of the Russian Federation is drawn up, as well as a decision of no confidence (trust) in the heads of executive authorities of a constituent entity of the Russian Federation, in whose appointment the legislative body of state power of a constituent entity of the Russian Federation took part in accordance with the constitution (charter) subject of the Russian Federation;

8) an agreement is approved on changing the boundaries of a constituent entity of the Russian Federation;

9) a draft agreement on the delimitation of powers is approved;

10) are appointed to the position of a judge of the constitutional (charter) court of a constituent entity of the Russian Federation;

11) other decisions are drawn up on issues referred by the Constitution, federal laws, the constitution (charter) and laws of the constituent entity of the Russian Federation to the jurisdiction of the legislative body of state power of the constituent entity of the Russian Federation.

The legislative body of state power of the subject of the Russian Federation, within the limits and forms established by the constitution (charter) of the subject and the laws of the subject of the Russian Federation, exercises control over the observance and implementation of the laws of the subject of the Russian Federation, the execution of the budget of the subject of the Russian Federation, the execution of the budgets of territorial state extra-budgetary funds of the subject of the Russian Federation, compliance with the established procedure for disposing of the property of the subject RF.

The right of legislative initiative belongs to deputies, the highest official of a constituent entity of the Russian Federation, and representative bodies of local self-government. The constitution (charter) of a constituent entity of the Russian Federation may grant the right of legislative initiative to other bodies, public associations, as well as citizens residing in the territory of a given constituent entity of the Russian Federation.

Draft laws submitted by the highest official of a constituent entity of the Russian Federation are considered on his proposal as a matter of priority. Bills providing for expenses covered from the budget of a constituent entity of the Russian Federation are considered by the legislative body on the proposal of the highest official or if there is a conclusion of the said person, which is submitted to the legislative (representative) body of state power of the constituent entity of the Russian Federation within a period of at least 20 calendar days.

The powers of the legislative body of a constituent entity of the Russian Federation may be terminated early in the event of:

1) making a decision on self-dissolution;

2) the dissolution of the said body by the highest official of a constituent entity of the Russian Federation in the event of the adoption of a regulatory legal act that contradicts acts of higher legal force, if such contradictions are established by the court, and the legislative body has not eliminated them within six months from the date of entry into force of the court decision.

In the event of the dissolution of the legislative body, early elections to the legislative (representative) body of a constituent entity of the Russian Federation are called. These elections are held no later than six months from the date of entry into force of the decision on the early termination of the powers of the legislative body.

Powers may be terminated ahead of schedule also in the event of the entry into force of the decision of the relevant court on the incompetence of the given composition of deputies of the legislative body of the subject of the Russian Federation, including in connection with the resignation of deputies of their powers.

The legislative (representative) body of a subject of the Russian Federation has the right to express no confidence in the highest official (head of the highest executive body) of a subject of the Russian Federation in the event of:

1) issuance by him of acts that contradict the Constitution, federal laws, the constitution (charter) and the laws of a constituent entity of the Russian Federation, if such contradictions are established by the appropriate court, and the highest official does not eliminate these contradictions within a month from the date of entry into force of the court decision;

2) other gross violation of federal legislation, the laws of a constituent entity of the Russian Federation, if this entailed a mass violation of the rights and freedoms of citizens.

The decision on no confidence in the highest official is taken by 1/3 of the votes of the established number of deputies on the initiative of at least 1/3 of the established number of deputies. This decision entails the immediate resignation of the highest official and the body headed by him.

In the event of the resignation of the supreme executive body of state power of a constituent entity of the Russian Federation, it continues to operate until a new supreme executive body of a constituent entity of the Russian Federation is formed.

7.3. Organization of executive bodies of state power in the subjects of the Russian Federation

Executive power in the constituent entities of the Russian Federation is part of the unified state power of the Russian Federation. Executive authorities have a priority in the triad of branches of power, which determines their leading role in managing the most important processes in the state and region. Federal executive authorities and executive authorities of the subjects of the Russian Federation form a single system of executive power in the Russian Federation.

In the subject of the Russian Federation, a system of executive authorities is established, headed by the head of the highest executive body of state power. The structure of the executive bodies of state power of a constituent entity of the Russian Federation is determined by the highest official of the constituent entity of the Russian Federation.

The main feature of the organization of the executive bodies of state power of the subjects of the Russian Federation is a two-level system of legal regulation, due to the following factors: firstly, the delimitation of the subjects of jurisdiction and powers between the Russian Federation and its subjects; secondly, the need to ensure the unity of the system of executive authorities. On the one hand, the subjects of the Russian Federation independently form a system of executive authorities on their territory. On the other hand, the federal executive authorities and the authorities of the constituent entities of the Russian Federation form a single system of executive authorities in the Russian Federation. As a result, various systems of executive authorities interact on the territory of each subject of the Federation: federal authorities; executive authorities of this subject of the Russian Federation, as well as municipal bodies of local self-government. It should be noted that the mechanism of optimal interaction between the executive authorities of all levels is still poorly developed.

  Structure executive bodies of state power in the constituent entities of the Russian Federation is mainly represented by two models: unity of command in the management of the executive body and collegiality in management.

The first model: the highest official, the head of executive power in a constituent entity of the Russian Federation single-handedly creates the structure of the administration of a constituent entity of the Russian Federation, is endowed with various powers in the field of formation of executive authorities, the structure of administration, budget, finance and accounting, property management, interaction with institutions and enterprises of various forms of ownership in branches and spheres of economic and socio-cultural development, carries out direct management of all structural divisions of the approved structure of the administration.

The powers of the senior official include:

1) the right of legislative initiative; signing and promulgating laws;

2) suspensive veto on laws;

3) the exclusive right to introduce draft laws on the budget, plans for the socio-economic development of the region, and the organizational structure of the executive branch.

Most of the charters of the constituent entities of the Russian Federation provide for a mechanism that restrains the power of senior officials, heads of the executive branch of the constituent entity of the Russian Federation - the right of a representative body to approve deputies, the structure of the administration, the costs of its maintenance, hearing annual reports on the activities of the administration, the right to early termination of the powers of a senior official, etc. .

The second model of the structure of the administration of a constituent entity of the Russian Federation involves the establishment of the Government as an independent organizational and legal form of executive power with regulatory established competence, powers in establishing executive and administrative functions. The government has two beginnings: the first is that it issues normative acts that are generally valid for the entire population of the territory, that is, it is the bearer of public law, the second is that the Government is a legal entity, those are the subject of civil law, private law relations, it can conclude transactions in the field of property, land and other relationships.

There is an intermediate model of the organization of the administration, when the government is not a legal entity and is not an independent entity - its status is rather that of a collegium under the governor.

Different models of the executive power of the constituent entities of the Russian Federation do not provide a unified legal, administrative and managerial field in the country. The constitutions of the republics and the statutes do not define the ratio of acts, the legal force of those that are issued locally, and acts of the federal government, which has no direct administrative influence on the organizational and legal bodies of executive power of the subjects of the Russian Federation.

Executive authorities in the republics of the Russian Federation function, as a rule, on the basis of one of the above options.

1) The highest executive body of the republic heads and forms the highest official independently. In this case, the highest executive body (government) is fully responsible to the highest official of the constituent entity of the Russian Federation. This characterizes the system of executive bodies of the presidential republics.

2) The supreme body of executive power has "double responsibility": before the highest official of the constituent entity of the Russian Federation and the legislative body of the constituent entity of the Russian Federation. The highest official is not directly the head of the executive branch, since there is the position of the chairman of the government. This is typical for mixed, semi-presidential republics and most territories and regions.

3) Under the collegiate system of formation and organization of executive power in parliamentary republics, the executive power (government) is formed by a representative legislative body. This is the case in the Udmurt Republic, the Republic of Dagestan.

The structure of the republican executive authorities is characterized by great diversity, which follows from the diversity of models for organizing the system of executive authorities in the republics.

The supreme body of executive power in the republics is the government. Its main powers include:

1) implementation of measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order;

2) development of the budget of the constituent entity of the Russian Federation, ensuring its implementation;

3) development and submission for approval by the legislative (representative) authority of draft plans for the socio-economic development of a constituent entity of the Russian Federation, reports on their implementation;

4) formation of executive authorities of the subject of the Russian Federation;

5) management and disposal of the property of a subject of the Russian Federation.

7.4. The highest official of the subject of the Russian Federation

A citizen of the Russian Federation is vested with the powers of the highest official of a constituent entity of the Russian Federation on the proposal of the President of the Russian Federation by the legislative body of the constituent entity of the Russian Federation. If the charter of a constituent entity provides for a bicameral legislative body of a constituent entity of the Russian Federation, the decision to empower a citizen with the powers of the highest official of a constituent entity of the Russian Federation is made at a joint meeting of the chambers.

The regulation on the procedure for considering candidates for the position of the highest official of a constituent entity of the Russian Federation was approved by Decree of the President of the Russian Federation of December 27, 2004 No. 1603. expiration of the term of office of the highest official of the constituent entity of the Russian Federation.

Before the President of the Russian Federation makes a proposal on the candidacy of the highest official of the constituent entity to the legislative body of the constituent entity of the Russian Federation, consultations are held on the candidacy of the highest official of the constituent entity of the Russian Federation. The legislative body of a constituent entity of the Russian Federation considers the candidacy of the highest official of a constituent entity of the Russian Federation submitted by the President of the Russian Federation within 14 days from the date of the submission of the submission.

The decision of the legislative body of a constituent entity of the Russian Federation on vesting a citizen with the powers of the highest official of a constituent entity of the Russian Federation is considered adopted if more than half of the established number of deputies of the legislative body voted for him. In the event that a constituent entity of the Russian Federation provides for a bicameral legislative body, the decision to vest a citizen with the powers of the highest official of the constituent entity of the Russian Federation is considered adopted if more than half of the established number of deputies of each of the chambers of the legislative body of the constituent entity of the Russian Federation voted for him.

In case of rejection of the submitted candidacy of the highest official of the constituent entity of the Russian Federation, the President of the Russian Federation, no later than seven days from the date of rejection, re-submits a proposal for a candidate. In the event of a twofold rejection of the submitted candidacy (suggested candidates) of the highest official of the constituent entity of the Russian Federation, the President of the Russian Federation shall appoint an interim supreme official of the constituent entity of the Russian Federation for the period until the person vested with the powers of the highest official of the constituent entity of the Russian Federation takes office, but not more than six months .

In the event of a twofold rejection of the submitted candidacy of the highest official of a constituent entity of the Russian Federation, appropriate consultations are held with the legislative body of the constituent entity of the Russian Federation on the candidacy of the highest official of the constituent entity of the Russian Federation. Based on the results of consultations, the President has the right to make a proposal on the candidacy of the highest official of the subject or appoint a temporary acting top official of the subject.

If a political party, in accordance with Federal Law No. 11-FZ of July 2001, 95 "On Political Parties", initiated consideration by the legislative body of a constituent entity of the Russian Federation of a proposal to the President of the Russian Federation on the candidacy of the highest official of the constituent entity, this proposal is subject to consideration by the legislative body of the constituent entity, taking into account the deadlines established by federal legislation to ensure the implementation by the President of the Russian Federation of his powers to introduce the specified candidate. The proposal of a political party on the candidacy of the highest official of a subject of the Russian Federation, supported by a majority of votes from the number of elected deputies of the legislative body of the subject of the Russian Federation, is formalized by the relevant decision of the legislative body and sent in the prescribed manner to the President of the Russian Federation.

If the right to initiate consideration of a proposal belongs to more than one political party that independently participated in the relevant elections to form the legislative body of a constituent entity of the Russian Federation, the proposal of each political party is considered by the legislative body of the constituent entity of the Russian Federation. In this case, the proposal of the political party on the candidacy of the highest official of the constituent entity of the Russian Federation is sent to the President of the Russian Federation, supported by the largest number of votes of deputies, which must be no less than the majority of votes from the number of elected deputies of the legislative body of the constituent entity of the Russian Federation.

If the charter of a constituent entity of the Russian Federation provides for a bicameral legislative body of state power of a constituent entity of the Russian Federation, the proposal of a political party on the candidacy of the highest official is considered at a joint meeting of the chambers. The specified proposal of a political party is sent to the President of the Russian Federation if it is supported by a majority of votes from the number of elected deputies of each of the chambers of the legislative body of the constituent entity of the Russian Federation.

The highest official of a constituent entity of the Russian Federation may be a citizen of the Russian Federation who does not have the citizenship of a foreign state or a residence permit or other document confirming the right of a citizen of the Russian Federation to permanently reside in the territory of a foreign state, and who has reached the age of 30 years. A citizen of the Russian Federation shall be vested with the powers of the highest official of a constituent entity of the Russian Federation for a period not exceeding five years.

The title of the position of the highest official of a subject of the Russian Federation is established by the charter of the subject of the Russian Federation, taking into account the historical, national and other traditions of this subject.

In general, the highest official of a constituent entity of the Russian Federation has the following powers:

1) represents the subject of the Russian Federation in relations with other subjects of the Russian Federation, government bodies;

2) signs laws adopted by the legislative body;

3) forms, in accordance with the procedure established by the constitution (charter) of the constituent entity of the Russian Federation and in accordance with the structure of the executive authorities, the highest executive authority of the constituent entity of the Russian Federation;

4) has the right to demand the convening of an extraordinary meeting of the legislative body of state power of a constituent entity of the Russian Federation;

5) has the right to participate in the work of the legislative (representative) body of power of a constituent entity of the Russian Federation;

6) exercises other powers in accordance with the legislation, ensures coordination of the activities of executive authorities of a constituent entity of the Russian Federation with other government bodies of a constituent entity of the Russian Federation and can organize interaction of executive authorities of a constituent entity of the Russian Federation with federal executive authorities and their territorial bodies, local government bodies and public associations . If the highest official of a subject of the Russian Federation is temporarily unable to fulfill his duties, they are performed by an official provided for by the constitution (charter) of the subject of the Russian Federation.

The powers of the highest official of a constituent entity of the Russian Federation are terminated early in the event of:

a) his death;

b) his removal from office by the President of the Russian Federation in connection with the expression of no confidence in him by the legislative body of the subject of the Russian Federation;

c) his resignation at his own request;

d) his removal from office by the President of the Russian Federation due to loss of confidence of the President of the Russian Federation, for improper performance of his duties;

e) the court recognizes him as incompetent or partially capable;

f) the court recognizes him as missing or declares him dead;

g) entry into force of a court conviction against him;

h) his departure outside the Russian Federation for permanent residence;

i) loss of citizenship of the Russian Federation.

The legislative body of a constituent entity of the Russian Federation expresses no confidence in the highest official of a constituent entity of the Russian Federation in the event of:

1) issuing acts that contradict the Constitution, federal legislation, charter and laws of a constituent entity of the Russian Federation, if these contradictions are established by the relevant court, and the highest official of a constituent entity of the Russian Federation does not eliminate these contradictions within a month from the date of entry into force of the court decision;

2) a gross violation of federal legislation and the legislation of a constituent entity of the Russian Federation established by the court, if this entailed a massive violation of the rights and freedoms of citizens;

3) improper performance by the highest official of a constituent entity of the Russian Federation of his duties.

The decision of the legislative body of a constituent entity of the Russian Federation on no confidence in the highest official is adopted by 2/3 of the votes of the established number of deputies on the initiative of at least 1/oo of the established number of deputies.

In a bicameral legislative body of a constituent entity of the Russian Federation, a decision on no confidence in the highest official of a constituent entity of the Russian Federation is made by 2/3 of the votes of the established number of deputies of each chamber on the initiative of 2/3 of the established number of deputies of the chamber endowed by the constitution (charter) of the constituent entity of the Russian Federation with the right to initiate the issue of expressing no confidence the highest official of a constituent entity of the Russian Federation. The decision of the legislative body of a constituent entity of the Russian Federation on no confidence in the highest official of a constituent entity of the Russian Federation is sent for consideration by the President of the Russian Federation to resolve the issue of removing the highest official of a constituent entity of the Russian Federation from office. The decision of the President of the Russian Federation to remove the highest official of a constituent entity of the Russian Federation from office entails the resignation of the highest executive body of state power of the constituent entity of the Russian Federation headed by the indicated person.

In the event of the resignation of the supreme executive body of the subject of the Russian Federation, it continues to operate until the formation of a new supreme executive body of the subject of the Russian Federation.

The President of the Russian Federation appoints a temporary acting highest official of a constituent entity of the Russian Federation for the period until the person vested with the powers of the highest official of a constituent entity of the Russian Federation takes office in the following cases:

a) early termination of powers of the highest official of a constituent entity of the Russian Federation;

b) temporary removal of the highest official of a constituent entity of the Russian Federation from office; c) the absence of a legislative body of power of a constituent entity of the Russian Federation or its self-dissolution; d) failure by the legislative body of power of a constituent entity of the Russian Federation to accept a decision on the candidacy of the highest official of a constituent entity of the Russian Federation submitted by the President of the Russian Federation within the period established by law to reject it or to vest the said candidacy with the powers of the highest official; e) double rejection by the legislative body of a constituent entity of the Russian Federation of a submitted candidacy (submitted candidates) for the position of the highest official of a constituent entity of the Russian Federation.

A temporarily acting senior official of a constituent entity of the Russian Federation shall not have the right to dissolve the legislative body of a constituent entity of the Russian Federation, to make proposals on changing the charter of a constituent entity of the Russian Federation.

A proposal for the candidature of the highest official of a constituent entity of the Russian Federation is submitted by the President of the Russian Federation and considered by the legislative body of a constituent entity of the Russian Federation no later than 14 calendar days from the date of early termination of powers or no later than 35 days before the expiration of the term of office of the highest official of a constituent entity of the Russian Federation.

The charter of a constituent entity of the Russian Federation may establish restrictions on the exercise of certain powers of the highest official of a constituent entity of the Russian Federation for a temporarily acting senior official of a constituent entity of the Russian Federation.

7.5. Fundamentals of the activities of the highest executive body of state power of the constituent entity of the Russian Federation

The executive authority of a constituent entity of the Russian Federation is a permanent executive authority, ensures the implementation of federal and regional legislation on the territory of a constituent entity of the Russian Federation, has the rights of a legal entity, and has a stamp seal. Financing of the highest executive body of state power of a constituent entity of the Russian Federation and the executive bodies headed by it is carried out at the expense of the budget of a constituent entity of the Russian Federation, provided for in a separate article.

The highest executive body of state power of a constituent entity of the Russian Federation develops and implements measures to ensure the integrated socio-economic development of a constituent entity of the Russian Federation, participates in the implementation of a unified state policy in the field of finance, science, education, healthcare, social security and ecology.

The highest executive body of state power of a constituent entity of the Russian Federation:

a) implements measures to implement, ensure and protect human and civil rights and freedoms, protect property and public order, and fight crime;

b) develops a draft budget for submission to the legislative body of a constituent entity of the Russian Federation, as well as draft programs for the socio-economic development of a constituent entity of the Russian Federation;

c) ensures the execution of the budget of the constituent entity of the Russian Federation and prepares a report on the execution of the budget and reports on the implementation of socio-economic development programs of the constituent entity of the Russian Federation for submission by the highest official of the constituent entity of the Russian Federation to the legislative body of the constituent entity of the Russian Federation;

d) forms other executive authorities of the constituent entity of the Russian Federation;

e) manages and disposes of the property of the subject of the Russian Federation in accordance with the laws of the subject of the Russian Federation, as well as federal property transferred to the management of the subject of the Russian Federation.

Topic 8. Effectiveness of public administration

8.1. Theoretical and methodological approaches to determining efficiency

Modernization of the public administration system is inextricably linked with the determination of the optimal parameters that contribute to the formation of public administration as an open, dynamic social system. To form an effective model of public administration, a comprehensive analysis of the relationship between the political system, state power, civil society institutions, socio-economic standards and socio-cultural norms is necessary. In the context of changes in the political and social environment, the problem of establishing an adequate public administration system capable of effectively responding to the challenges of the external environment is becoming more urgent, and it becomes an obvious need to develop a balanced system of indicators and criteria for the effectiveness of public authorities.

There are several theoretical and methodological approaches to determining the essence of efficiency. In different fields of activity, the understanding of efficiency has its own characteristics. Thus, in politics, "efficiency" is seen as something positive and desirable, thus obtaining the meaning of the value characteristic of activity. In relation to the activities of the authorities, this term has become an effective political symbol capable of organizing public opinion in support of certain proposals. In its most general form, efficiency is understood as: the possibility of achieving results; the significance of obtaining the result for those to whom it is intended; the ratio of the significance of this result to the amount of effort spent on achieving it.

In organizational theory and administrative management, efficiency is defined as the ratio of net positive results (the excess of desired consequences over undesirable ones) and acceptable costs. In economics and management studies, there are two approaches to assessing efficiency. The first is related to the assessment of technical efficiency, the second - economic efficiency. Technical efficiency indicators reflect the nature of the activity being assessed: it indicates that “the right things are being done.” Indicators of economic efficiency characterize how the assessed activity is implemented, how productively the expended resources are used, i.e., how “correctly these things are done” [11]. The effectiveness of managerial or administrative work is assessed by determining the relationship between the result obtained and the resources expended. [12]

In studies of the effectiveness of public administration, state bureaucracy, and state institutions, several theoretical and methodological approaches can be distinguished that link efficiency with certain factors.

1) An approach based on the concept of leadership. Representatives of this direction link the effectiveness of an organization with leadership skills, management style, individual characteristics and qualities of government leaders, selection systems, assessment of task performance, motivation and professional development of civil servants. [13]

2) An approach that develops the theory of Weber's rational bureaucracy. From the perspective of this approach, attention is focused on the hierarchical structure, functional specialization, and the presence of clear principles for regulating the professional activities of civil servants, which are considered as necessary prerequisites for the effective functioning of government structures. [14]

3) The approach to performance efficiency associated with the theory of life cycles consists of considering the effectiveness of public administration in conjunction with assessing the influence of constantly and cyclically forming coalitions or pressure groups in government bodies. The nature of decision-making in bureaucratic structures and their effectiveness are considered in the context of the life cycles of organizational development. [15]

4) Within the framework of the concept of professionalism, effective activity is directly dependent on the professionalization of public authorities, the presence of career (professional) officials, and the level of their professionalism and competence. [16]

5) An economic approach that connects increasing the efficiency of government bodies with the presence of a competition mechanism among departments, a system for introducing innovation, as well as political and social accountability of government bodies, primarily to taxpayers. [17]

6) Ecological approach, which emphasizes that the results of the bureaucracy depend on the nature of the external environment (ecology of the organization) and the ability of public authorities to manage changes and innovations in order to adapt to these changes. [18]

7) An approach based on the concept of quality management. Within the framework of this approach, the main focus is on creating a system of continuous improvement of processes and public services in government bodies; involving civil servants in this activity, making maximum use of their creative potential and organizing their group work. Quality management is based on the relationship between the potential of public authorities and performance results with constant correlation with strategic goals and the involvement of employees in quality processes, their training, increasing their competence and motivation. [19]

Analysis of theoretical and methodological approaches to determining efficiency allows us to conclude that, as a rule, economic efficiency and social efficiency are distinguished. The independence of these types of efficiency is, of course, relative, since they are in close unity and interconnection. When analyzing the effectiveness of public administration, the social effect plays a special role. The essence of the social effect is that it must be sustainable, reproducing, progressive, and contain a source for subsequent social development. Russian sociologist G.V. Atamanchuk [20] divides the social efficiency of public administration in general and the activities of public authorities in particular into three types:

1. General social efficiency. It reveals the results of the functioning of the public administration system (that is, the totality of state bodies and objects managed by them).

2. Special social efficiency. It characterizes the state of organization and functioning of the state itself as a subject of management of social processes. This type of criteria includes:

▪ the expediency and purposefulness of the organization and functioning of the state management system, its large subsystems and other organizational structures, which is determined through the degree of compliance of their control actions with goals objectively based on their position and role in society. It is necessary to establish legislatively what goals each government body should implement and, upon achieving them, evaluate the relevant managers and officials;

▪ standards for time spent on solving management issues, on developing and passing through any management information;

▪ style of functioning of the state apparatus;

▪ regulations, technologies, standards that every manager and civil servant must follow;

▪ the complexity of the organization of the state apparatus, resulting from its “fragmentation”, multi-stage nature and abundance of managerial interdependencies;

▪ costs of maintaining and ensuring the functioning of the state apparatus.

3. Specific social efficiency. It reflects the activities of each management body and official, each individual management decision, action, relationship. Among the criteria, one can distinguish such as the degree of compliance of the directions, content and results of the management activities of bodies and officials with those of its parameters that are indicated in the legal status (and competence) of the body and public office; legality of decisions and actions of state authorities and local self-government, as well as their officials; reality of control actions.

The effectiveness of the activities of public authorities is determined not only by the magnitude of the economic effect, but, above all, by the socio-political results of the activities of the authorities. To assess the effectiveness of public administration and the activities of public authorities, evaluation technologies and procedures are needed that would be sustainable, objective and allow timely adjustment of the activities of public authorities.

Various theoretical and methodological approaches to determining the essence of efficiency are reflected in conceptual models.

8.2. Conceptual Models of Efficiency

In management theory, several efficiency models are distinguished: system-resource, target, participant satisfaction model, complex model containing contradictions [21]. The general characteristics of efficiency models make it possible to discover a complex complex, the components of which are targets and the external environment, organizational activities and structure, management technologies and methods for assessing efficiency.

The system-resource model is based on the analysis of the ratio "organization - environment". Efficiency in this model is the ability of an organization to exploit its environment to acquire rare and valuable resources in order to maintain its functioning.

From the point of view of the target model, an organization is effective to the extent that it achieves its goal.

The participant satisfaction model is based on individual or group assessments of the quality of the organization's activities by its members. The organization is seen as a cooperative incentive-distributive mechanism, tuned to get a return from its members through providing a decent reward for their efforts.

The complex model considers efficiency as an integral and structured characteristic of the organization's activities. It includes evaluation of economy, efficiency, productivity, product or service quality, effectiveness, profitability, quality of work life and innovation.

The contradictory model assumes that effective organizations do not exist. They can be effective to varying degrees because:

1) face multiple and conflicting constraints of the surrounding social environment;

2) have multiple and conflicting goals;

3) have multiple and conflicting internal and external sources of assessments;

4) have multiple and conflicting time frames.

In the model proposed by the American sociologist R. Likert, efficiency is seen as a complex interaction of various factors, among which the dominant position is occupied by human and socio-environmental factors. So, according to Likert, efficiency is determined by three groups of factors:

1) intra-organizational - the formal structure of the authority, the economic base, the professional and qualification composition of civil servants;

2) intermediate variables - human resources, organizational culture, decision-making methods, the level of trust in management, ways to stimulate and motivate activities;

3) resulting variables - growth or decline in labor productivity, the degree of customer satisfaction.

An analysis of various efficiency models allows us to conclude that each of the considered models has its own advantages and at the same time limitations.

Various approaches to efficiency are manifested in structured complexes - aspects of organizational effectiveness: functional, structural, organizational, subject-target. The functional aspect includes performance; efficiency; adaptability, i.e. the ability to optimally perform given functions in a certain range of changing conditions; flexibility; efficiency and timeliness of identifying and solving management problems. [22]

The structural aspect of efficiency, as a rule, is associated with the effectiveness of goal setting (comparison of normative and implemented goals, comparison of implemented goals and management results, comparison of the results obtained with objective needs); rationality of the organizational structure (distribution of responsibility and authority, organization of relationships between employees and departments); compliance of the management system, its organizational structure with the object of management; management style (legal forms, methods and procedures of management); characteristics of officials (general cultural, professional, personal).

Considering the organizational and institutional aspect of efficiency, it is important to emphasize that the evaluation of efficiency is a derivative of what place and what functions the organization performs in the system of interorganizational relations. In this regard, the factors, criteria, parameters for evaluating the effectiveness of public authorities will differ significantly from commercial organizations, since they have different targets and other components of organizational activity.

In the subject-target aspect of efficiency, depending on the targets, the subject of assessment and the compared parameters of organizational activity, types of efficiency are distinguished. These include: organizational, economic, technological, social, legal, psychological, political, ethical, environmental. [23]

From the point of view of efficiency, any aspect (side) or characteristic of the activities of public authorities, considered as a social integrity and system, can be evaluated.

Efficiency as an integral and structured characteristic of activity is not only an indicator, but also a process that needs to be organized and managed.

Performance appraisal should be a continuous, total process of evaluating the activities of government bodies, structural units and a civil servant, which has as its content: the choice of a system of performance indicators; development of standards (norms and procedures) of efficiency; measurement of performance indicators; comparison of the actual state of efficiency with the requirements of these standards.

The characteristics of the effectiveness of public authorities are multidimensional and depend on the goals formulated by the subject of evaluation. At the same time, when applying this or that technology for evaluating efficiency, it is necessary to clearly distinguish:

1) the subject of evaluation (his position, target and value orientations);

2) the object of evaluation (it can be the entire management system or its individual element, for example, the scope of activity - process, result or consequences; structural and institutional aspect, personnel);

3) efficiency tools (models, aspects, types and technologies for evaluating efficiency).

To assess the activities of public authorities, it is necessary to single out specific ones from general criteria (economics, efficiency and effectiveness). This moment is the main one in preparation for the assessment. Some flexibility is needed in developing evaluation criteria. Efficiency criterion - signs, facets, aspects of the manifestation of managerial activity, through the analysis of which it is possible to determine the quality of management, its compliance with the needs and interests of society. A performance indicator is a specific measure that allows one to compare: the actual performance of authorities/staff with what is desired or required; activities of the authority in different time periods; activity of different organs in comparison with each other.

Among the main requirements for the evaluation criteria, we can distinguish that:

1) the criteria should lead to the implementation of the tasks of the assessment and cover all identified problems;

2) the criteria must be sufficiently specific so that the assessment can be carried out in practice;

3) the criteria must be supported by appropriate arguments and / or come from authoritative sources. In addition, the criteria used to assess the performance of authorities should be consistent with each other, as well as with those criteria that were used in previous assessments.

8.3. Integral indicators for evaluating the effectiveness of public administration

In international practice, various integral indicators are used to assess the effectiveness of public administration, which were developed by international organizations.

1) The GRICS indicator (Governance Research Indicator Country Snapshot) [24] evaluates the effectiveness of public administration in cross-country comparison. The indicator was developed on the basis of several hundred variables and consists of six indices reflecting six dimensions of governance. These parameters were identified on the basis of a general definition, according to which “public administration” is understood as a set of traditions and institutional formations and includes:

a) processes for selecting, controlling and replacing government;

b) the government's ability to formulate and implement policies; c) respect of citizens and the state for the institutions that govern social and economic interaction in society. The assessment was based on a comparison of six indices:

▪ Voice and Accountability - the index includes indicators that measure various aspects of political processes, civil liberties and political rights. Indicators in this category measure the extent to which citizens can participate in choosing their government. For example, an indicator of the degree of independence of the press;

▪ Political Stability and Absence of Violence - the index includes a group of indicators that measure the likelihood of government destabilization and forced resignation as a result of violence (including terrorism and domestic violence). This index reflects the extent to which the quality of public administration can cause the need for drastic changes, a change in political course;

▪ Government Effectiveness - the index reflects the quality of public services, the quality of the bureaucracy, the competence of civil servants, the level of independence of the civil service from political pressure, the level of trust in the policies pursued by the government;

▪ quality of legislation (Regulatory Quality) - the value of this index is related to the policy being pursued. It measures measures that are contrary to a market economy, such as: price level controls, inadequate control of banks, excessive regulation of international trade and business development;

▪ Rule of Law - the index measures the level of citizens’ trust in the laws of society and commitment to the implementation of these laws. It includes indicators of citizens' attitudes towards crime, the effectiveness and predictability of the legislative system, commitment to the contract system;

▪ Control of Corruption - the index reflects the perception of corruption in society, taking into account different aspects of the phenomenon, ranging from the frequency of “extra payment for getting the job done” to the impact of corruption on business development, as well as the existence of “big corruption" at a high political level and the participation of elites in corruption.

2) Indicators (WBES) [25] allow for a comparative assessment of government policy, business climate, quality of regulation, level of corruption, quality of public services in the context of interaction between business and government.

3) Indicators (BEEPS) [26] allow us to obtain a comparative assessment of the quality of management, business climate, competitive environment, level of corruption in the context of interaction between business and government in countries with economies in transition.

4) Corruption Perception Index (CPI) [27]. This is a composite index that provides an annual snapshot of the level of corruption in the public sector in different countries.

5) Barometer of global corruption by Transparency International [28] (TI). If the purpose of the CPI is to assess the level of corruption in the world, then the Barometer is primarily focused on the average person’s perception of the level of corruption. According to the index, 48,7% of respondents in Russia believe that corruption has a very significant impact on the business environment (16,6% - Canada, 7,4% - USA, 34,7% - Great Britain), 21,8% of respondents believe that corruption has a very significant impact on the personal life and life of his family (42,5% - Canada, 26,5% - USA, 10,9% - Great Britain).

6) The Heritage Foundation’s Index of Economic Freedom (IEF) was developed by the Heritage Foundation in collaboration with Wall Street [29]. The information base of the IES is data from governmental and non-governmental organizations, the results of international and national sociological surveys. In 2003, the ESI was calculated for 161 countries based on 50 characteristics grouped into 10 factors of economic freedom: trade policy, fiscal policy, government intervention in the economy, monetary policy, foreign investment and capital flows, banking, wages and prices, property rights , government regulation, black market. Each factor is assessed on a scale according to which qualitative or quantitative characteristics are translated into points from one to five: the higher the value of the indicator, the greater the government intervention in the country’s economy and the lower the level of economic freedom. Since 1995, the value of this index for Russia has been growing; if in 1995 this index for Russia was 3,4, then since 2000 it has remained at 3,7.

7) The Opacity Index [30] allows you to assess the impact of a country’s opacity on the cost and efficiency of investment. The "Opacity Index" is presented in the form of an integral "Opacity Factor", compiled on the basis of five primary indicators characterizing the following areas affecting the capital market: corruption in government bodies; laws governing property rights; economic policy (fiscal, monetary, tax); financing standards; regulation of commercial activities.

The abbreviation of the English names of the areas of study (respectively, Corruption, Legal, Economic, Accounting, Regulatory) form the word "CLEAR" (from the English clear - "clear", "transparent", "clear"). A two-dimensional measurement (ranking countries according to the degree of opacity and assessing the "risk premium" - the increase in the cost of foreign loans) makes it possible to estimate the real costs associated with opacity. The value of the Opacity Index for Russia was 83,59, which is significantly higher than the indicators of both the OECD countries and the countries of Central and Eastern Europe.

8) Indicators of the effectiveness of public administration, measured on the basis of surveys of civil servants and the population.

▪ institutional environment index [31], which is calculated based on surveys of civil servants in 15 countries (including Albania, Argentina, Bulgaria, India, Indonesia and Moldova) according to the methodology of the World Bank (developed with the support of the Cooperation Program between the Bank and the Netherlands ). The institutional environment index includes integral assessments of the degree of trust in departmental policies, trust in rules and the adequacy and predictability of resource provision.

9) Indicators calculated on the basis of surveys conducted in Russia (without the possibility of direct international comparisons). This group of indicators of the effectiveness of the implementation of public administration reforms includes a wide range of planned and ongoing surveys of the population, enterprises and organizations, as well as civil servants on issues related to determining certain characteristics of the activities of government bodies (population’s perception of the quality of public services provided; perception of the prestige of government services; the ratio of wage levels in the public and private sectors for key positions [32]; the impact of measures to deregulate the Russian economy [33]).

It should be noted that today there are no sufficiently clearly formulated development strategies, a system for building targets in public authorities. In addition, the new positioning of administrative structures is taking place in the context of a change in the entire system of public administration, in the context of fuzzy positions of various subjects of government, both at the federal level and at the level of subjects of the Russian Federation. In this context, issues related to the creation of a comprehensive model for managing the performance of government bodies, including a system of goal setting, a reasonable choice of priorities, a system for assessing the quality of management and monitoring the results achieved, are of particular importance.

Precisely because the processes of state administration are becoming extremely diverse, variable and intensive, there is a need for the maximum possible structuring from the standpoint of the broadly understood "resources" and "results". This is also associated with the active use of formalized assessments. The performance appraisal system is inextricably linked to the planning cycle, in which the volume and effectiveness of the authority's activities are planned, achieved and evaluated. The performance appraisal system encourages the definition of various kinds of goals for which the authority is responsible, and the definition of the time period during which these goals will be achieved. Commitments to achieve results are recorded in performance indicators. In this regard, the system for evaluating the professional activities of civil servants, based on a balanced scorecard, should be linked to the level of achievement of the strategic and operational goals of the body as a whole, and not be tied only to assessing the quality of the implementation of individual management procedures and operations.

8.4. Indicators of efficiency and effectiveness of the activities of authorities

Evaluation of performance based on a balanced scorecard has become a powerful tool for collective analysis in the process of implementing strategic goals. A balanced scorecard allows you to analyze the main strategic problems in several key aspects: financial performance; relationships with consumers; organization of internal administrative processes; training and development of civil servants.

Performance evaluation based on a balanced scorecard has many advantages:

1) the processes of planning, controlling and communicating to employees the strategic goals and stages of their implementation become more transparent; the presence of both leading indicators that characterize the success factors in the future, and indicators for the past time allows for a retrospective analysis;

2) the possibilities of identification and concentration of efforts on relations with consumers of services and clients are increased due to the presence of indicators of customer satisfaction, quality indicators;

3) additional opportunities are created to achieve the efficiency of internal administrative processes and determine the conditions for improving the organizational structure and internal processes, professional development of civil servants;

4) the presence of logical and interrelated criteria makes it possible to differentiate the remuneration of employees.

The main advantage of the balanced scorecard is that it allows you to see a clearly defined cause-and-effect strategic relationship between all key aspects of government activities. When developing performance and efficiency indicators, it is important to observe the interconnection between the system of planning, evaluation, remuneration and the orientation of employees to achieve planned indicators.

The system of indicators of efficiency and effectiveness of the activities of the authorities should include the following groups.

Outcome indicators. Reports on the activities of authorities and structural units already contain a list of certain results. The content of the results of administrative activity is determined both by questions of competence and by the nature of the functions that they perform. In this case, an indicator of the immediate result for him will be the number of services in the broad sense, management decisions in the form of legal acts, programs. An indicator of the direct result may be the number of standardized services, deviation from the specified standards, the number of recipients of standardized services.

end effect indicators. Effect indicators characterize changes in the management object, the nature of the impact of activities on the target group allows you to indicate the final effect of the activities of the executive body. The final effect for the body is a change (or lack of change) in the state, functioning of the control object, target groups and, as a rule, is associated with the achievement of the goals of the government body. As indicators that may indicate the achievement of the final social effect, there are indicators of consumer satisfaction from the service provided or from the activities of the executive body.

Indicators of direct processes are related to the nature of functioning, administrative processes, requirements for them. The indicator can be formulated as the proportion of operations or procedures that meet the standards or requirements for work. In fact, these indicators cannot be fully attributed to the indicators of the result, although they are inextricably linked, the quality of administrative processes only to some extent determines the achievement of the result. As indicators of direct processes, for example, the share of prepared documents completed on time and without violations, the share of operations carried out in accordance with the regulations (correctly and on time) can be singled out.

The indicators must meet the following requirements:

1) correlation - indicators should be directly related to the formulated goals and objectives of the activities of the authority;

2) clarity and unambiguity, ease of understanding and use - in order to ensure the possibility of collecting and comparing data, the indicator must be clearly defined. From the definition of the indicator, it should be clear whether an increase in its value indicates an improvement or, on the contrary, a deterioration in the provision of this service;

3) comparability - ideally, indicators should ensure comparability over time and allow comparison between authorities;

4) verifiability - indicators should be formulated in such a way that their values ​​(collected and calculated data) can be verified. Where possible, they should be accompanied by a description of the statistical methods used in the calculations and sampling design;

5) statistical reliability - indicators should be based on reliable data collection systems, and those who use them for management purposes should be able to verify the accuracy of the data and the reliability of the calculation methods used;

6) economic feasibility - it is very important to maintain a reasonable balance between the cost of collecting data and the usefulness of this data. Where possible, indicators should be based on pre-existing data and linked to existing data collection efforts;

7) sensitivity - indicators should respond quickly to changes. An indicator whose range is too small may have only very limited use;

8) the absence of internal "disincentives" - when developing indicators, it is necessary to take into account what kind of behavior they will encourage. It is necessary to avoid such indicators that can lead to the formation of counterproductive behavior of employees;

9) flexibility in relation to innovation - the system of once-defined indicators should not prevent innovation or the introduction of alternative methods, systems or processes in order to improve the quality and quantity of services;

10) speed of updating - the indicator should be based on data that can be obtained in a reasonable time, taking into account the decisions made on the basis of this indicator, otherwise there is a risk that decisions will be made on the basis of outdated or no longer relevant data.

When implementing a results-based management system, it is important to take into account risks and limitations, a complex preliminary assessment is necessary to determine performance indicators, since the establishment of an unreliable, biased and unbalanced system of indicators can lead to even more serious consequences than the absence of an assessment system at all. The use of a performance appraisal system increases transparency. Transparency itself is a very valuable quality. Often, due to its absence and the closeness of the activities of government bodies, bureaucracy develops, attention is paid to unproductive processes, methodological recommendations, and structuring. As a result, it is not entirely clear how certain types of activities of the authority are related to the main process and what is the purpose of its existence. In this case, the definition of indicators of efficiency and effectiveness of activities and the achievement of set goals can lead to increased transparency and be an additional incentive for innovation. The introduction of performance evaluation procedures can significantly improve the quality of internal policy and decision-making in government.

The performance appraisal system is linked to the personnel appraisal system and human resource management in the authorities. Using the performance evaluation system for "self-learning", competency management, the authority takes another step towards organizational development. When developing and implementing elements of results-based management, an integrated approach is needed, it is important to analyze the role of contexts, relationships, remote and variable consequences of the use of innovative technologies, which contributes to more efficient use of results-based management tools in management practice.

Topic 9. Domestic and foreign experience in organizing local authorities

9.1. Experience in the Formation of Local Self-Government in Russia

Among the ongoing reforms and transformations in Russia, one of the most significant places is occupied by the reform of local self-government. Modern Russia for the last century for the third time seeks to find the optimal form of local government. Today, more than ever, the need to create new effective forms and systems of municipal government and local self-government is obvious. However, the formation of the modern municipal model is passing with certain difficulties, which is partly due to insufficient knowledge of the domestic experience of organizing local authorities.

Throughout the thousand-year history of the Russian state, due to the peculiarities of the development of society, the management system was distinguished by excessive centralization of state power, the constant dominance of executive structures, and the absence of a developed system of self-government. At the same time, the existing structures of local self-government practically did not reflect the interests of the population, often being a brake on overall development. At the same time, in the history of Russia, there were enough models and systems of self-government that had a positive effect on the socio-economic development of the territory.

Traditionally, there are three domestic models of local self-government: zemstvo, Soviet and new (modern). However, the system of local self-government began to take shape at earlier stages of the development of national history.

The contours of local self-government manifested themselves quite clearly in connection with the adoption of Christianity in Russia (988), the circle of subjects of local self-government expanded, along with industrial and territorial forms of self-government, monastic and church self-government appeared. Local self-government of this period plays the role of a management institution, the development of which was associated with the consolidation of administrative units and the creation of large political centers. Significant changes in the existing system of self-government were introduced by the Mongol-Tatar invasion, which destroyed representative power - the very basis that united the Slavic communities.

A special place in the history of local self-government is occupied by the reforms of Ivan TV: lip reform, zemstvo transformations, and the abolition of the feeding system. At the same time, attempts were made to establish the dependence of local bodies on the central government, and the oprichnina was introduced. In general, the events of Ivan the Terrible did not lead to the formation of an integral system of local self-government.

A complete model of local self-government did not develop even during the reign of Peter I. Despite the fact that measures were taken to promote the development of local self-government (for example, each city was assigned the right to independently dispose of urban land, management of communities was transferred to the communities themselves), measures were also taken to limit the competence local authorities (establishment of guardianship of the prikaz administration over the communities). The goal of the reforms of Peter I was to create an integral state with a fairly effective system of government that meets the requirements of the political elite of that time, which largely explains the "zigzags" in relation to local self-government institutions.

A major milestone in the development of domestic self-government is rightly considered the period of the reign of Catherine II. the rights and benefits of cities (1775), which reformed local institutions on the basis of self-government according to the class principle. The existing system of local government functioned until the creation of the zemstvo model of local self-government.

The zemstvo model existed in Russia for more than half a century, from 1864 to 1918. The scale of zemstvo institutions was great: at the beginning of the 34th century. zemstvos existed in 43 provinces of the European part of Russia, and on the eve of the February Revolution - already in XNUMX provinces. Several periods can be distinguished in the development of the zemstvo model of local self-government.

1. The formation of the zemstvo model of local self-government began in connection with the reforms of Alexander P. Before them, there were only the beginnings of self-government. The zemstvo (1864) and city (1870) reforms led to the decentralization of administration and the development of local self-government;

2. The second period is associated with the strengthening of the central government. The "New Regulations" introduced in 1890 significantly strengthened the administration's control over the activities of the zemstvos, limited the powers of the zemstvos, changed the procedure for elections, as a result of which there were no elected people from the population. In 1900, the "Approximate Rules for the Limiting Zemstvo Taxation" were adopted, which dealt a blow to the financial basis of the zemstvos: they were forbidden to increase the estimate by more than 3% compared to the previous year;

3. The next period was characterized by the consolidation of the zemstvo movement in response to the actions of the central government. This process was catalyzed by the major defeats in the Russo-Japanese War, the growing political crisis and the revolutionary situation. In 1904, 1905, 1906 constant congresses of zemstvo and city self-government were held, at which demands were put forward for convening a popular representation with legislative functions, granting civil liberties, equality of estates and expanding the powers of local self-government.

In a manifesto dated October 17, 1905, Nicholas II accepted the demands of the Zemstvos to convene a representative assembly. By a decree dated March 15, 1917, Prince Lvov appointed representatives of the provincial and district administrations as commissars of the Provisional Government, its plenipotentiary representatives in the field. For the first time in their history, the zemstvos officially received political power. This period is considered the time of the highest flowering of the zemstvo model. The system of local self-government was a branched and rather effective apparatus for managing the local economy.

4. The last period in the history of zemstvos is associated with their liquidation. By the autumn of 1917, the influence of parallel local authorities, the Soviets of Workers', Soldiers' and Peasants' Deputies, had increased. The resulting crisis of power - dual power: the Soviets and the Provisional Government, whose commissars were mainly zemstvo leaders - ended with the victory of the Soviets. The process of liquidating provincial, district and volost assemblies and administrations practically began as soon as the armed uprising in Petrograd won, and after the III All-Russian Congress of Soviets it unfolded on a massive scale. In general, the process of liquidation of the zemstvos ended in the summer of 1918.

The zemstvo model of local self-government had the following features:

1) the functioning of zemstvo institutions outside the system of state bodies;

2) the existence of the zemstvo system only at two administrative levels - district and provincial;

3) the presence of significant powers in zemstvo bodies;

4) the zemstvos have a strong financial and economic base;

5) clear legal regulation of the zemstvo system, etc.

Zemstvo and city administration corresponded to all the canons of self-government that existed at that time, and the economic independence of zemstvo institutions did not know analogues in the whole world. Zemstvos were a unique phenomenon not only in the life of Russia, but also in the world practice of local self-government.

The Soviet model of local self-government, which replaced the zemstvo model, existed in Russia from 1917 to 1993. Its evolution also went through several periods.

1. The first period was associated with the creation of a new system of local governments. The Bolsheviks, having taken power in 1917, began to build a new state, relying on the Marxist-Leninist thesis about the need for the initial demolition of the old state machine. After the liquidation of the zemstvos, there was an urgent need to create a new structure for managing the local economy: the whole country was covered with a network of Soviets created in all, even the smallest, territorial units. The delegates of the grassroots Soviets created volost authorities, the delegates of the volost - district authorities, the delegates of the uyezd - provincial - and so on until the All-Russian Congress of Soviets. At this stage, the Soviets, in fact, were local bodies of political and economic power of the center.

2. The next period went down in history as the NEP period. The New Economic Policy permitted the admission of elements of private property, which led to the complication of forms of economic activity and, in turn, caused changes in local governments. The Decree of the All-Russian Central Executive Committee "On replacing the apportionment with a tax in kind" (1921) and the "Order on the STO (Councils of Labor and Defense) to local Soviet institutions" noted the particular importance of maximizing the development of amateur creative activity and the initiative of local government bodies, taking into account the experience and wide dissemination of the best examples of work Soviets. A powerful impetus to the development of city self-government was given by the Regulations "On City Councils", adopted in 1925, which defined the Councils as "the highest authority in the city within its competence" and provided them with relative independence.

3. The next period was characterized by the almost complete elimination of the real system of local self-government and its replacement by a system of totalitarian party-state leadership. In 1933, a new Regulation "On the City Council" was adopted, which finally "nationalized" the local authorities. According to this Regulation and the Constitution of 1936, the Soviets were defined as "organs of the proletarian dictatorship", called upon to carry out the policy of the center on the ground. Issues of normative regulation from the Soviets passed mainly to the highest executive bodies and the bodies of the Communist Party. Local Soviets have become mere executors of the will of the center.

With the coming to power of N. S. Khrushchev (1894-1971), the question was raised of increasing the role of the Soviets, which by this time "were increasingly acting as public organizations." The next program of the CPSU directly connected the development of local self-government with the expansion of the rights of local Soviets. However, in practice, attempts to transfer some management issues to the local Councils for final decision ended in failure. Instead of expanding the rights of local councils, attempts were made to abolish the village councils and replace them with community elders. In addition, the following measures sharply weakened the role of the Soviets in the general management of the territories under their jurisdiction: the transfer of local industry to the Economic Council, the division of regional and regional Soviets into industrial and rural ones, the withdrawal of agricultural management bodies from the system of district Soviets, the strengthening of local bodies not subordinate to the Soviets, etc. . P.

4. The last period is connected with the reforms of the state-political structure of Russia. An important role in the formation of local self-government during this period was played by the Law of the USSR "On the General Principles of Local Self-Government and Local Economy in the USSR" (1990) and the Law of the RSFSR "On Local Self-Government in the RSFSR" (1991). Under these laws, the Soviets received significant powers, their own budget and property, which did not correspond to the Leninist understanding of the Soviet type of power and, in fact, meant the elimination of the Soviet model. The Decree of the President of the Russian Federation dated October 26, 1993 No. 1760 "On the Reform of Local Self-Government in the Russian Federation" put an end to the process of its liquidation.

The Soviet model of local government had the following features:

1) local government bodies are state-owned and represent the “lower floor” of the state mechanism;

2) lack of own competence;

3) strict centralization of management;

4) the principle of paternalism, etc.

In modern Russia, the reform of local self-government has not yet been completed, but a number of periods have already been outlined in its course:

1. Mid 1980s - early 1990s - the maturation of the preconditions for a new model of local self-government; the adoption of the laws "On the General Principles of Local Self-Government and Local Economy in the USSR" (1990), "On Local Self-Government in the RSFSR" (1991) and the Constitution (1993), which became a turning point in municipal reform;

2. From 1995 (the adoption of Federal Law No. 28-FZ of August 1995, 154 “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, hereinafter in this chapter - the Law on Local Self-Government of 1995) - until 2000. In this period, three directions can be distinguished:

a) development of the main issues of federal legislation in the field of local self-government (for example, the adoption of Federal Laws of September 25, 1997 No. 126-FZ “On the financial foundations of local government in the Russian Federation”, dated January 8, 1998 No. 8-FZ “On fundamentals of municipal service in the Russian Federation", etc.);

b) development of legislation on local self-government at the level of constituent entities of the Russian Federation; c) development of local rule-making.

3. Since the summer of 2000 (for example, the introduction of amendments to Federal Law No. 28-FZ of August 1995, 154), a new period has been outlined in the modern reform of local self-government, which continues to this day. The key event of this period was the adoption of the new Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation" (hereinafter in this chapter - the Law on Local Self-Government of 2003), developed at the initiative of the President of the Russian Federation .

In this regard, the following features and features have become inherent in the new model of local self-government:

1) the separation of local self-government bodies from the system of state authorities (Constitution, Article 12) implies their independence in resolving issues of local importance. At the same time, under the new legislation, state authorities have the right to exercise local self-government in cases where local authorities were liquidated in an emergency situation, if their debts exceeded 30% of their own income and in case of misuse of subventions allocated for the implementation of certain state powers ( article 75 of the Law on Local Self-Government 2003);

2) a two-level model of local self-government (the lower level is urban and rural settlements, the upper one is the municipal district);

3) municipal systems clearly defined at the federal level: the principle of separation of powers at the municipal level is introduced and the system of local self-government bodies is regulated in detail, up to determining the number of deputies of representative bodies of local self-government and the procedure for occupying the position of head of local administration;

4) according to the Law on Local Self-Government of 2003, the responsibility of bodies and officials of local self-government to the population and the state is increased. The mechanism for the recall of elected officials of local self-government by the population of the municipality is fixed (Article 24), the procedure for the dissolution of the representative body of local self-government and the dismissal of the head of the municipality by state authorities and officials is simplified.

The Law on Local Self-Government of 2003 fully entered into force on January 1, 2006. Until that time, the law provided for a transitional period, established a calendar of municipal reform (Article 85).

The formation of a new model of local self-government in Russia is a complex and lengthy process, as it is largely determined by the internal features of the state, historical traditions, national characteristics, political and economic factors, as well as the mentality of society. The municipal reform is far from being completed, the regulatory and legal framework of local self-government needs to be finalized, and a lot of work remains to be done to implement it in practice. For the successful implementation of modern municipal reform and building a new model of local self-government, it is necessary to use all the positive domestic experience in organizing local government.

9.2. Comparative analysis of foreign experience of local self-government

In connection with the reform of local self-government in the Russian Federation, a lot of attention is paid to foreign experience in organizing local government, and in particular to foreign models of local self-government.

The model of local self-government is a system of horizontal and vertical relationships between the subjects of local self-government. For the first time, local self-government was legally formalized in Rome in the first century BC. e. Currently, almost every country has its own model of local self-government. The Anglo-Saxon and continental models of local self-government are considered to be the main foreign models.

The Anglo-Saxon model of local government is a modern foreign system of local government that originated in the UK and is currently operating in the UK, USA, Canada, Australia, New Zealand and other countries. It is characterized by the following features:

1) decentralization of management;

2) multi-level model of local self-government (the existence of two and sometimes three levels of local government);

3) a high degree of autonomy of various levels of government;

4) a clear definition of the competence of bodies at each level;

5) election of a number of local government officials;

6) the powers of local self-government bodies are determined on the basis of the positive principle of legal regulation (the principle of inter vires, from Latin - to act within the limits of their powers). The principle of inter vires is embodied in Dillon's rule. This is the rule for granting powers to local authorities, according to which municipal authorities have the right to do only what the law directly allows them to do (only what is expressly prescribed is allowed);

7) absence of local regulatory authorities and representatives of the central government;

8) exercising indirect control with the help of financial levers and through the judiciary;

9) municipalization of many services (for example, transfer of services from the private sector to the municipality), etc.

The continental model of local self-government is a modern foreign model of local self-government that originated in France and is currently operating in continental Europe, France, Africa, Latin America, and the Middle East. This model is characterized by the following main features:

1) high degree of centralized management;

2) multi-level model of local self-government;

3) subordination of the lower level of power to the higher level;

4) the lack of a clear definition of the competence of bodies at each level (it happens that the same issues in some regions are decided by elected local authorities, and in others - by representatives of state authorities);

5) a combination of election and appointment of local authorities;

6) the principle of ultra veries (from Latin - to act in excess of authority), embodied in the rule of negative regulation. This is the rule for granting powers to local authorities, according to which municipal authorities are allowed all actions that are not directly prohibited by law and are not within the competence of other authorities (everything that is not prohibited is permitted);

7) a combination of state administration and local self-government within the same administrative-territorial units;

8) exercising direct control over the activities of local authorities with the help of regulatory authorities;

9) municipal service is considered as a type of public service.

The remaining foreign models: German, Italian, Japanese, etc., are considered as mixed forms of the Anglo-Saxon and continental models of local self-government, since they contain signs of both systems, and, in addition, their own characteristics.

For example, Germany is a federal state, so the structure of government consists of three independent levels: federal administration, land administration and communal administration. Each of the levels of power has its own autonomous range of tasks.

Communal management, in turn, is also divided into three levels: community, district and supra-district. Local self-government means the implementation by local bodies, in accordance with the law, under their own responsibility, of their own and the state tasks assigned to them. Communities are the main subject of municipal management. The tasks facing community government bodies are divided into two types:

1) own tasks. These include both mandatory tasks (for example, construction and operation of school buildings, fire protection, road maintenance, sanitary supervision) and voluntary (including the construction of socio-cultural facilities: libraries, museums, nursing homes, sports grounds, etc. . P.);

2) tasks delegated by public authorities.

Thus, local authorities perform functions both as institutions of self-government and as state bodies within the framework of the powers delegated to them.

In a number of Latin American countries (Argentina, Mexico, Colombia, Brazil) there is an Iberian model of local self-government. In countries with a socialist system (Cuba, China), the Soviet model of local government has been preserved. In developing countries (India, Malaysia, Kenya), direct local government has become widespread. In Muslim countries, the system of local government is based on a religious approach.

The ways of forming local authorities are also different. The most widespread are the following organizational forms.

1. "Strong mayor - weak council": the election of the mayor is carried out directly by the population, which predetermines his broader powers in relation to the representative body of local self-government. The mayor independently decides many issues of local importance and has the right of suspensive veto on the decision of the council.

2. "Strong council - weak mayor": the mayor is elected from among the deputies of the representative body of local self-government, which determines the limitation of the mayor's powers (especially in coordinating the activities of local self-government bodies). In this form, representative and operational-executive functions are mainly assigned to the mayor. The Council in this case has a large amount of rights in the field of management, in economic and financial matters, and especially in matters of appointment.

3. "Council - manager": the population of the municipality elects a representative body, which from among its members elects a chairman - the mayor and appoints the head of the executive and administrative body - the manager (manager). The relationship of the council with the manager is determined by the agreement (contract). As a rule, the manager is granted sufficiently large powers in the formation of the local administration and determining the main directions of its activity. This form is most common in countries with the Anglo-Saxon model of local government. According to many researchers, this form reflects the desire to "purify" urban politics, to eliminate corruption and authoritarian rule, since the manager is a politically neutral figure, a professional in the field of municipal government. At the same time, the disadvantage of this form is the impossibility of the population to influence the policy pursued by the manager.

4. Commission form: the commission is formed from elected persons, each of whom simultaneously manages any department of the local executive body. This model does not provide for the presence of a senior official. The disadvantage of this organizational form may be that commission agents lobby only the interests of their own departments, which can lead to destabilization.

Along with the above systems, there are also various combined organizational forms of local self-government. For example, such a form has become widespread, when the manager (head of the executive body) is appointed by an elected official (mayor) and directly reports to him, and not to the council. In this form, in contrast to the "Council-manager" form, residents have a direct opportunity to influence municipal policy, since by voting "for" or "against" the mayor, who appoints and removes the manager, they thereby vote for the preservation or replacement of the city administration.

The specificity of foreign models of local self-government, the features of their organizational forms and systems, the degree of interaction between public authorities and local governments largely depends on a number of factors: historical development, geographical location, national traditions, cultural values, economic opportunities, political interests, etc. P.

However, some researchers also identify the following general trends in the development of foreign models of local self-government.

1. Strengthening the executive power of local self-government through a representative system (for example, a larger amount of power is assigned to the executive bodies, representative bodies transfer part of their functions to representative bodies). This causes, on the one hand, the growth of the influence of the bureaucracy, and on the other hand, the growth of professionalism in municipal government.

2. The emergence of the problem of forming a solid financial and economic base for local self-government, despite the fact that each municipality has its own property (land and other), and local authorities actively stimulate entrepreneurial structures and widely use in their work such economic levers as the tax press, licensing, contracts with private firms, etc.

3. Changes in the functions of local governments:

a) new functions appear, the need for which there was no need before (for example, environmental functions);

b) part of the functions of local governments is transferred to public associations and private companies (for example, waste collection and disposal, landscaping and landscaping); c) some functions are being eliminated due to the reduction in the number of rural settlements and the growth of urban settlements, which is caused by urbanization and demographic changes; d) the role of local authorities in resolving social issues is narrowing.

4. Emergence of the "effect of free consumption", when certain services are used by those for whom they are not intended and who do not pay for them. For example, residents of suburban areas enjoy almost all the benefits of the city.

5. Modification of the territory of local self-government: the disaggregation of large cities and the merger of rural settlements.

6. Active implementation of inter-municipal cooperation, combining the efforts of municipalities in solving joint problems.

It should be noted that Russia has always gravitated towards borrowing and using foreign experience, especially in the field of local self-government. One of the most striking examples was the adoption of the Law of October 6, 2003 No. 131-FZ. The developers of this law managed to achieve a reasonable combination of the positive aspects of the domestic experience in the creation and functioning of the local government system and elements of the best practices in the organization of local authorities, borrowed from abroad.

Thus, the 2003 Law on Local Self-Government was based on the German model of local self-government, which is characterized by a variety of forms of local power exercise, combined with significant state regulation. In addition, a two-tier model of local self-government was created and the competence of each level was clearly defined, as in the German and Anglo-Saxon models of local self-government. Also, for the first time in Russia, such an organizational form as the "Management Council", which arose and gained its maximum distribution in the United States, was legally fixed.

An analysis of foreign experience in the organization of local authorities and the possibilities of its adaptation in modern Russian conditions will largely alleviate the difficulties of municipal reform in the Russian Federation.

Topic 10. Constitutional and legal foundations of local self-government

10.1. Constitutional foundations of local self-government

According to Art. 4 of the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation" (hereinafter in this chapter - the Law on Local Self-Government of 2003), the legal basis of local self-government is constituted by the generally recognized principles and norms of international law, international treaties of the Russian Federation, the Constitution, federal constitutional laws, the Law on Local Self-Government of 2003, other federal laws, other regulatory legal acts of the Russian Federation issued in accordance with them (decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, other regulatory legal acts of federal bodies of executive power), constitutions (charters), laws and other normative legal acts of the constituent entities of the Russian Federation, charters of municipalities, decisions taken at local referendums and gatherings of citizens, and other municipal legal acts.

The concept of "local self-government" for the first time received legislative consolidation in the Law of the USSR of April 9, 1990 "On the general principles of local self-government and local economy in the USSR." This Law established a system of local self-government, which included local Councils of People's Deputies as its main link, bodies of territorial public self-government, as well as local referendums, meetings, citizens' assemblies, and other forms of direct democracy. Local self-government was carried out within the boundaries of administrative-territorial units. Communal property was fixed as the basis of the local economy.

In accordance with this Law, the Law of the RSFSR of July 6, 1991 No. 1550-1 "On Local Self-Government in the RSFSR" was adopted, which introduced the concept of "municipal property", endowed the Councils and relevant governing bodies with their own competence, replaced executive committees with local administrations headed by the Head, acting on the basis of unity of command, accountable to the relevant local Councils and higher executive bodies within their competence.

The law regulated in detail the forms of organization and activities of local self-government bodies and their competence. The republics within the Russian Federation were endowed with the right to adopt legislative acts on issues of local self-government.

After the signing of the Federal Treaty on March 31, 1992, which attributed the establishment of general principles for the organization of local self-government to the joint jurisdiction of state authorities of the Russian Federation and its subjects, the rest of the subjects of the Russian Federation also received the right to their own legal regulation of local self-government.

The norms of the Law "On Local Self-Government in the RSFSR", regulating the powers of the local administration (Articles 49-76) and the issues of organizing territorial public self-government, were in force in the part that did not contradict the Constitution, and after the adoption of the Law on Local Self-Government in 2003.

The most important document regulating the implementation of local self-government in Russia is the Constitution. For the first time, the most important beginnings of the organization and activity of local self-government were fixed in the Constitution, its place and role in the state-legal structure of Russian society were determined.

The constitutional regulation of local self-government has no analogues in foreign federal states, where the regulation of local self-government is assigned to the jurisdiction of the subjects of the federation. The specific conditions for the revival and development of local self-government in Russia predetermined the need for direct, active influence of federal government bodies and, accordingly, federal legislation on the processes of formation and activity of local self-government. Therefore, in accordance with paragraph "n" h. 1 Article. 72 of the Constitution, the establishment of general principles for the organization of local self-government is in the joint jurisdiction of the Russian Federation and its subjects.

Thus, the Constitution defines the limits of legal regulation of the organization of local self-government for federal government bodies: the establishment of uniform, common for the entire territory of Russia, the foundations for the construction and functioning of municipal government.

The Constitution enshrines a whole range of norms and institutions of municipal legal significance, which include:

1) institutions of local self-government as the basis of the constitutional system, one of the forms of democracy (Articles 3, 8, 9,12);

2) institutions of the legal status of a person and citizen in the system of local self-government (Articles 18, 24, 32, 33, 40, 41, 43, 46);

3) institutions for the organization and functioning of local self-government as a special public (municipal) authority (Articles 130-133).

According to part 4 of Art. 15 of the Constitution, the universally recognized principles and norms of international law are an integral part of the legal system of the Russian Federation. Based on this norm, the European Charter of Local Self-Government of 1985, signed by Russia in 1996 and ratified in 1998, became the legal foundation of local self-government in Russia. Recognizing local self-government as one of the foundations of any democratic system, the European Charter enshrines the general principles for building local self-government, rights and guarantees of its protection. The Charter obliges all states that have signed it to apply the fundamental principles that guarantee the political, administrative and financial independence of local communities in the conditions of decentralization of power.

The Charter reveals the concept of local self-government, provides for the freedom of action of local self-government on any issue of its competence, the completeness and exclusivity of the powers of local self-government, the independence of determining its internal administrative structure. According to the Charter, the status of local elected officials should ensure the free exercise of powers, and administrative control should be applied only to ensure the rule of law and constitutional principles. Local self-government is assigned the right to own its own financial resources and the right to freely dispose of them.

The Constitution establishes, in accordance with the European Charter of Local Self-Government, the most important starting points for the organization of local self-government, first of all, provisions on the recognition and equal protection of municipal property along with other forms of ownership (Article 8); on the right of local self-government bodies to independently manage municipal property, form, approve and execute the local budget, establish local taxes and fees (Article 132).

The Constitution, recognizing the right of citizens to local self-government, guarantees its implementation in urban, rural settlements and other territories, taking into account historical and other local traditions through forms of direct and representative democracy (Articles 130, 132). It also defines the sphere of activity of local self-government: issues of local importance, while allowing for the possibility of delegating certain state powers to local self-government bodies (Articles 130, 132).

In addition, the Constitution establishes the most important guarantees of the rights of local self-government:

a) independence in determining the structure of local government bodies (Article 131);

b) the need to take into account the opinion of the population when changing the boundaries and territory of local government (Article 131); c) the obligation to transfer relevant material and financial resources to local government bodies when vesting them with certain state powers (Article 132); d) compensation for additional expenses of local government arising as a result of decisions taken by public authorities (Article 133); e) a ban on restricting the rights of local self-government established by the Constitution and federal laws, as well as judicial protection of these rights (Article 133).

No less important norms are established in the second chapter of the Constitution, dedicated to the rights and freedoms of man and citizen: according to Art. 18, the rights and freedoms of man and citizen determine the activities of local government; in Art. 32 citizens of Russia are assigned the right to elect and be elected to local self-government bodies, as well as to participate in a referendum; in accordance with Art. 33 citizens have the right to apply personally, as well as to send individual and collective appeals to local governments; Art. 40, 41 and 43 determine the areas of activity of local governments in the field of housing construction, medical care, basic general and secondary vocational education.

Issues of local self-government are directly addressed in a total of nineteen articles of the Constitution and are norms of direct action, subject to direct application, including by the judiciary.

A special place in the system of legal foundations of local self-government is occupied by the Resolutions of the Constitutional Court of the Russian Federation. This judicial body is not law-making, however, its decisions are generally binding. The resolutions of the Constitutional Court of the Russian Federation contain a whole range of provisions that are of a normative nature and relate to the procedure for determining and changing the territorial foundations of local self-government, determining the structure of local self-government bodies, the relationship between municipal and state authorities, the procedure for delegating state powers to local self-government bodies, the implementation of state (administrative) control over local self-government bodies, the procedure for the privatization of individual objects of municipal property, the protection of municipal electoral rights of citizens, the procedure for recalling elected representatives of local self-government, the budget structure, etc.

At the same time, the recognition of normative significance behind the decisions of the Constitutional Court of the Russian Federation should not lead to their identification with laws and other regulatory legal acts.

10.2. Normative acts of federal government bodies in the system of legal foundations of local self-government

The Federal Law of August 28, 1995 No. 154-FZ "On the General Principles of Organizing Local Self-Government in the Russian Federation" (hereinafter referred to as the Law on Local Self-Government of 1995) acted as the basis for building a system of local self-government in Russia. It developed the fundamental principles of the organization and activities of local self-government, enshrined in the Constitution.

This Law, having established the general principles of the organization of local self-government in Russia, determined the role of local self-government in the exercise of democracy, the legal, organizational, territorial, economic and financial foundations of local self-government, state guarantees for its implementation.

It delimited the powers of federal state authorities and state authorities of the constituent entities of the Russian Federation in the field of local self-government, defined the subjects of local self-government, regulated the main forms of local self-government exercised by the population (forms of direct expression of will and local self-government bodies).

Fixing the foundations of the activities of local self-government bodies, the Law on Local Self-Government of 1995 defines the exclusive role of the representative body of local self-government, emphasizes that local self-government bodies are not included in the system of state authorities and the implementation of local self-government by state authorities and state officials is not allowed. The structure of the organs should be determined by the population of the municipality. The law gave the bodies and officials of local self-government the right to adopt legal acts on matters within their jurisdiction.

This Law provides for various forms of direct expression of the will of citizens: a local referendum, municipal elections, a meeting (gathering) of citizens, territorial public self-government, etc.

This Law, on the one hand, guarantees the organizational, financial and economic independence of local self-government, judicial protection of local self-government. On the other hand, it provides for the responsibility of local governments and their officials and control over their activities.

The law consolidated the legislative base of local self-government and created the necessary prerequisites for the development of federal and regional legislation in the field of local self-government. Among the federal laws adopted in the development of the Law on Local Self-Government of 1995 are the following: dated November 26, 1996 No. 138-FZ "On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies", dated September 25, 1997 No. 126-FZ "On the financial foundations of local self-government in the Russian Federation", dated January 8, 1998 No. 8-FZ "On the basics of municipal service in the Russian Federation".

Another group includes federal laws that form the legislative basis of other branches of law, but to some extent affecting issues of local self-government. Among them: Federal Law of June 12, 2002 No. 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation", Law of the Russian Federation of July 14, 1992 No. 3297-1 "On a Closed Administrative-Territorial education", the Tax Code of the Russian Federation, the Budget Code of the Russian Federation, etc.

Currently, there are about 300 federal laws, laws of the RSFSR and the Russian Federation, which contain municipal legal norms.

In addition, the legal basis of local self-government is federal by-laws. Among them are over 500 Decrees of the President of the Russian Federation, more than 1100 Decrees of the Government of the Russian Federation, normative acts of other federal executive bodies. Among them, the most important for local self-government are Decree of the President of the Russian Federation of October 15, 1999 No. 1370 "On Approval of the Main Provisions of State Policy in the Field of Development of Local Self-Government in the Russian Federation"; Decree of the Government of the Russian Federation of December 27, 1995 No. 1251 "On the Federal Program of State Support for Local Self-Government", of December 15, 1999 No. 1394 "On the Federal Target Program of State Support for the Development of Municipalities and the Creation of Conditions for the Implementation of the Constitutional Powers of Local Self-Government", dated December 20, 2004 No. 814 "On the authorized federal executive body for approving the boundaries of municipalities", dated December 31, 2004 No. 903 "On approval of the rules for drawing up a transfer (separation) act on property obligations of local governments", dated 1 June 2005 No. 350 "On maintaining the state register of municipalities of the Russian Federation".

A specific source of law is also the annual messages of the President to the Federal Assembly of the Russian Federation.

The practice of applying the Law on Local Self-Government of 1995 revealed a number of problems that impede the effective functioning of the local self-government system, including vagueness in determining the competence of municipalities, the uncertainty of the territorial organization of local self-government, the possibility of forming a structure of local self-government bodies that does not correspond to the tasks being solved, a mismatch of resources duties, the remoteness of local governments from the population, the lack of elaboration of mechanisms for interaction between state authorities and local governments.

In the context of the reforms being carried out in Russia, this circumstance required the adoption of a new wording of the Law. And such a Federal Law (of the same name) was adopted on October 6, 2003. It is aimed at solving these problems, developing the system of local self-government, and also bringing it into compliance with the Constitution.

The key provisions of the 2003 Law on Local Self-Government are aimed at changing the principles of the territorial organization of local self-government. It establishes the mandatory formation of municipalities at two territorial levels - in settlements and municipal districts, with the differentiation and assignment to each level of its inherent powers to resolve issues of local importance, as well as delegated state powers. The procedure for the transfer of certain state powers to local self-government bodies has been defined, excluding the emergence of unfunded mandates and providing for the necessary measures, including the responsibility of local self-government bodies, for the effective execution of these powers.

The said Law provides for strengthening control over the exercise by local self-government bodies of powers to resolve issues of local importance and the responsibility of these bodies for their non-fulfillment. In particular, it provides for the temporary exercise of the powers of local self-government bodies by state authorities of the constituent entities of the Russian Federation in cases of a threat to the life, health and safety of citizens, as well as in some other cases.

10.3. Regional legislation in the system of legal foundations of local self-government

The Law on Local Self-Government 2003 came into force on January 1, 2006, but some of its provisions are being implemented in stages in accordance with the transitional period provided for in it. Article 85 of this Law establishes a list, terms and procedure for the implementation of legal and organizational measures carried out by state authorities and local governments in order to ensure the implementation of municipal reform. In particular, the list and deadlines for the adoption of regulatory legal acts necessary for the implementation of this Law by the subjects of the Russian Federation are determined. At the same time, in addition to taking the envisaged legislative measures, the subjects of the Russian Federation must bring their own legislation into line with the requirements of the commented Law.

Currently, at the regional level, the legal basis of local self-government is the constitutions and charters of the constituent entities of the Russian Federation, laws on local self-government; on elections of deputies of representative bodies of local self-government and heads of municipalities; about a local referendum; on the status of a deputy, an elected official; about municipal service; on the material and financial foundations of local self-government; about the budget structure and the budget process; on the procedure for registering charters of municipalities; on the powers of local self-government bodies; on meetings and gatherings of citizens; on territorial public self-government; on the responsibility of bodies and officials of local self-government; on the procedure for recalling a deputy of a representative body and other elected persons of local self-government.

Laws on local self-government have been adopted in almost all subjects of the Russian Federation. Such laws, which are of a general nature, are directly adjoined by laws and other regulations of the constituent entities of the Russian Federation on issues of the territories of municipalities, the procedure for their reorganization and abolition, on the exercise of the right of legislative initiative by local governments, on legal acts of local governments, on state registration of charters municipalities. Local self-government bodies are vested with separate state powers of the constituent entities of the Russian Federation. In a number of constituent entities of the Russian Federation, laws establish specific types of liability for bodies and officials of local self-government for violation of the law.

At present, taking into account the requirements of federal legislation, regional laws on local self-government are being completely revised, and often cancelled. Significant changes may be made to legislative acts providing for the empowerment of certain state powers, laws on the financial foundations of local self-government, on the budget structure and budgetary process, on the procedure for registering charters of municipalities, on meetings and gatherings of citizens, on territorial public self-government, on the responsibility of bodies and officials persons of local government. Until appropriate adjustments are made, these regional regulatory legal acts shall apply to the extent that they do not contradict the Law on Local Self-Government of 2003.

Today, we can confidently predict a significant intensification of work in the constituent entities of the Russian Federation to bring regional legislation in line with federal legislation and the Constitution.

Federal Law No. 12-FZ of October 2005, 129 amended the Law on Local Self-Government of 2003, extending the transition period of reform until January 1, 2009. Only 47 out of 89 constituent entities of the Russian Federation declared their readiness to implement the Law in full, 28 constituent entities of the Russian Federation are cautious about resolving issues of local importance in newly formed municipalities, believing that they need another year to adapt to new conditions. These subjects of the Russian Federation, according to preliminary data, are postponing the reform until January 1, 2007. And only 14 subjects of the Federation plan to extend the transition period for a longer period - until 2009. [34]

10.4. Municipal legal acts

The most significant role in the legal regulation of the daily implementation of local self-government should be played by municipal legal acts. Municipal legal act - a decision on issues of local importance or on issues of the implementation of certain state powers transferred to local governments by federal laws and laws of the constituent entities of the Russian Federation, adopted by the population of the municipality directly, by a local government body and (or) an official of local government, documented, mandatory for execution on the territory of the municipality, establishing or changing generally binding rules or having an individual character.

In Art. 43 of the Law on Local Self-Government of 2003, a list of elements that make up the system of municipal legal acts is presented in a generalized form: firstly, this is the charter of the municipality; secondly, legal acts adopted at a local referendum (gathering of citizens); thirdly, normative and other (non-normative, individual) legal acts adopted by the representative body of the municipality; fourthly, legal acts issued by the head of the municipality; fifthly, resolutions and orders of the head of the local administration; sixth, legal acts of other bodies of local self-government and officials of local self-government, provided for by the charter of the municipality. These can be, for example, decisions and orders of the control body, the election commission of the municipality.

The acts of the highest legal force in the system of municipal legal acts are the charter of the municipality and decisions taken at a local referendum or gathering of citizens, drawn up in the form of legal acts. The supreme legal force of these acts assumes that no other municipal legal act may contradict the charter of the municipality and legal acts adopted at a local referendum or gathering of citizens.

In addition to the highest legal force, these acts have two more legal properties:

▪ direct action. If the legal norm contained in the specified act does not have an explicit reference or blanket nature, it must be applied by all subjects directly, i.e., regardless of the presence or absence of any legal acts specifying this norm;

▪ application throughout the municipality.

The main regulatory legal act of the municipality is the charter.

As a source of law, the charter is quite widespread in the law-making practice of the Russian state and is considered as a kind of acts of codification value. Recognized and guaranteed by the Constitution, the organizational isolation of local self-government bodies in the system of government, the independence of the population in resolving issues of local importance, including the choice of specific organizational forms for the implementation of local self-government, the definition of the structure of local self-government bodies - this is what predetermined the need for the emergence of regulatory legal acts on local self-government in the system statutes of municipalities.

They define: the subjects of local self-government; territorial arrangement; the status of local governments; the order of their formation and interaction; their powers and responsibilities; legal, economic and financial bases of their activity; forms of direct expression of the will of the population of the municipality; other questions of the organization of local self-government.

The charter of the municipality has a number of features.

1. The presence of a special entity that establishes or on behalf of which the charter of the municipality is adopted. In accordance with the Law on Local Self-Government of 2003, the adoption of the charter of the municipality falls within the exclusive competence of the representative body of local self-government.

2. Being an act of a constituent nature, the charter of a municipal formation gives a legal, legal status to the actually established or emerging relations of self-government of the local community.

3. The charter regulates relations that affect all parties, all spheres of life of the local community.

4. The charter has the highest legal force as part of the norms adopted by local governments or the local community.

5. The charter is the basis for further rule-making. Since it is not able to regulate all relations that arise at the level of local government, in order to implement the charter, it is necessary to adopt additional local regulatory legal acts.

6. The charter of a municipal formation is characterized by a special procedure for adoption, as well as for making changes or additions. The specific mechanism for adoption is determined directly in the charter of the municipality. The charter is subject to mandatory registration with state authorities, and this registration is not only and not so much of a constituent nature, but rather the nature of control by the state of the compliance of the norms of the charter with the current federal and regional laws.

7. The charter is one of the legal means that ensure the implementation of the independence of local self-government.

8. If possible, the charter should be self-sufficient, i.e., it should include all the rules necessary in the practice of local self-government. [35]

The structure and content of the charter of a municipality is fundamentally determined by the requirements of the Local Self-Government Law 2003. Article 44 of this Law contains 10 mandatory provisions relating to those basic elements from which the status of a municipality is formed and which form the foundation of its organization and functioning. These include:

1) name of the municipality;

2) a 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 bodies of territorial public self-government;

4) structure and procedure for the formation of local government bodies;

5) names and powers of elected and other local government bodies, local government officials;

6) types, procedure for adoption (publication), official publication (promulgation) and entry into force of municipal legal acts;

7) the term of office of the representative body of the municipality, deputies, members of other elected bodies of local self-government, elected officials of local self-government, as well as the grounds and procedure for termination of the powers of these bodies and persons;

8) types of liability of local government bodies and local government officials, the grounds for this liability and the procedure for resolving relevant issues, including the grounds and procedure for the recall of elected local government officials by the population, early termination of the powers of elected local government bodies and elected local government officials ;

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 making changes and additions to the charter of the municipality.

The list of issues regulated in the statutes is not exhaustive. They may contain other provisions relating to issues of local importance, the distribution of functions within the structure of local self-government, the procedure for the formation and organization of public territorial self-government, the procedure for the distribution of competence in a city with district division, etc. The degree of detail of issues in the charter may be far from the same. Some of them can be stated in a general form, creating a legal basis for issuing more specific acts, for example, on a local referendum, municipal service.

The charter of a municipal formation is subject to state registration with the judicial authorities. The grounds for refusing state registration of a charter are its contradiction with the Constitution and the laws of the Russian Federation, the laws of the constituent entities of the Russian Federation, as well as violation of the procedure established by federal law for the adoption of a charter, a municipal legal act on amendments and additions to the charter. Denial of state registration may be appealed by citizens and local governments in court.

The charter of a municipal formation, a municipal legal act on the introduction of amendments and additions to the charter of a municipal formation shall be subject to official publication (promulgation) after their state registration and shall enter into force after their official publication (promulgation).

The 2003 Law on Local Self-Government established for the first time the mandatory names of municipal legal acts. This approach contributes to the establishment of uniformity in the status and hierarchy of legal acts of the municipality, unification in the system of documentation support of local self-government.

This Law contains norms that require the mandatory adoption of more than 40 municipal legal acts in the form of provisions on the organization and activities of the system of local governments, financial and economic activities of the municipality, urban planning, landscaping, public order and life safety, housing stock and housing and communal economy, participation of citizens in the implementation of local self-government and other issues.

Currently, the Center for Legal Support of Local Self-Government and other institutions are developing model legal acts on the least developed issues: regulations of the representative body of the municipality, regulations on the control and accounting body of the municipality, on the budget structure and budgetary process, on the municipal order, on the law-making initiative of citizens about public hearings.

Topic 11. Municipality as a socio-economic system

The territorial organization is one of the most difficult issues of reforming the local self-government system in modern conditions. The correct solution of this issue depends on the degree of implementation by the population of the participation guaranteed by the Constitution in the implementation of local self-government, and the functioning of a certain territory as a single social and economic community.

According to Art. 131 of the Constitution, local self-government is carried out in urban, rural settlements and other territories, taking into account historical and other local traditions.

In the Federal Law of August 28, 1995 No. 154-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation", the term "municipal formation" was introduced to characterize a self-governing territory, in the definition of which its integral features were fixed: general territory; presence of municipal property; availability of the local budget; presence of elected bodies of local self-government.

The boundaries of municipalities may not coincide with the boundaries of administrative-territorial units of a constituent entity of the Russian Federation. The logic of this approach is that the intended purpose of municipalities and administrative-territorial units is different:

▪ the division of the territory of a constituent entity of the Russian Federation into municipalities is carried out in order to create conditions for resolving issues of local importance; the division into administrative-territorial units is intended to enable more effective resolution of issues of national importance;

▪ local government bodies are located in the territories of municipal formations, and territorial divisions (structures) of public authorities are located in the territories of administrative-territorial units: civil registry offices; military registration and enlistment offices, courts, prosecutors, tax and other authorities;

▪ an administrative-territorial unit may not be a municipal entity, for example, an administrative district within a large city;

▪ a municipal entity (usually a rural locality) may not be an administrative-territorial unit and may not have government bodies on its territory. [36]

The discrepancy between the boundaries of the administrative-territorial units of the constituent entities of the Russian Federation and the boundaries of municipalities as a whole is an undesirable phenomenon, since it creates additional difficulties for residents when applying to state authorities and local governments, as well as in the relationship between local governments and territorial structures of state authorities .

When establishing the size of the territory and boundaries of each specific municipal entity, it is necessary to take into account two opposing trends. [37]

The first trend is the approximation of local authorities to the population. The determining factor here is the presence of the local community, in the interests of which local self-government is carried out. The interests of the local community dictate the following principles of the territorial organization of local self-government:

1) the principle of the effectiveness of self-organization, based on the awareness of the population of common interests and participation in their implementation. The effect of self-organization decreases with an increase in the size of the territory and the removal of local authorities from the population;

2) the principle of accountability of bodies and officials of local self-government to the population, which also requires the maximum possible limitation of the territory, which provides the population with the opportunity to quickly respond to the actions of local authorities;

3) the principle of accessibility of local governments for residents. The fulfillment of this condition is determined by the development of the transport infrastructure.

The second, opposite trend is the consolidation of self-governing units in order to provide the necessary economic potential, developed engineering and social infrastructure on the territory of the municipality. This is necessary for the effective resolution of local issues and the provision of services to the population.

The presence of these opposite trends predetermines the expediency of forming municipalities of various types, with a different range of issues of local importance to be resolved.

In accordance with the requirements of the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation" (hereinafter in this chapter - the Law on Local Self-Government of 2003), state authorities unified the system of municipalities. This Law has significantly changed the principles of the territorial organization of local self-government, providing for a closed list of types of municipalities: urban or rural settlement, municipal district, urban district, intra-urban territory of a city of federal significance.

A rural settlement is one or more rural settlements united by a common territory (towns, villages, villages, villages, farms, villages, auls and other rural settlements), in which local self-government is carried out by the population directly and (or) through elected and other bodies local government.

Urban settlement - a city or township in which local self-government is exercised by the population directly and (or) through elected and other bodies of local self-government.

Municipal district - several settlements or settlements and inter-settlement territories united by a common territory, within the boundaries of which local self-government is carried out in order to resolve issues of local importance of an inter-settlement nature by the population directly and (or) through elected and other local government bodies that may exercise certain state powers, transferred to local governments by federal laws and laws of subjects of the Russian Federation.

Urban district - an urban settlement that is not part of a municipal district and whose local self-government bodies exercise the authority to resolve issues of local significance of a settlement established by federal law and issues of local significance of a municipal district, and may also exercise certain state powers transferred to local self-government bodies by federal laws and laws of subjects of the Russian Federation.

Intra-city territory of a city of federal significance - a part of the territory of a city of federal significance, within the boundaries of which local self-government is exercised by the population directly and (or) through elected and other bodies of local self-government.

Thus, a two-tier system of local self-government has been formed in Russia. At the same time, urban and rural settlements that are part of municipal districts are not in a relationship of subordination with them; the competence between them is delimited in accordance with the list of issues to be resolved of local importance, established for the corresponding type of municipality.

A municipality is a complex socio-economic system. Like any system, it consists of subsystems, the characteristics of which determine its goals, objectives and directions of operation. Thus, considering the system of local self-government using the example of a city, we can distinguish the following main subsystems: [38]

1) territory;

2) population;

3) the city-forming sphere (enterprises and organizations that make up the economic basis of the city, predetermining the appearance of the city, the professional and qualification structure of the able-bodied population, the lifestyle of the city);

4) urban service sector (engineering and transport infrastructure: buildings, structures, communications; provides maintenance of the housing stock, provides housing, utilities, transport, household, trade and other services);

5) social infrastructure (institutions and organizations providing the population with medical, educational, cultural, leisure, physical culture and sports services).

Being an open system, the municipality has multiple and different connections with the external environment. The external environment is a source of material resources, energy, information for the municipality.

It should be noted that municipalities as complex systems are currently functioning in Russia in the conditions of an unformed internal environment and external instability.

In this regard, the management of the development of a municipality requires, first of all, an accurate and competent definition of the goals of the joint activities of the subjects of municipal government - local authorities and the population. Goal setting seems to be the most important and significant element of management.

The primary formation of the goals and objectives of the activity of the municipality occurs when the status of the municipality is established and its competence is determined. Based on the public-state nature of local self-government, there are two main sources of authority for local authorities:

1. State. It assigns the main responsibilities for the development of the municipality to local governments through the legislative definition of issues of local importance and powers in various areas (Chapter 3 of the Law on Local Self-Government of 2003, sectoral federal laws and laws of the constituent entities of the Russian Federation).

2. Population. It imposes additional responsibilities on local governments through the charters of municipalities, other municipal legal acts, through forms of direct expression of will.

On the basis of the obtained set of responsibilities of local authorities, goal-setting frameworks are formed, the areas of responsibility of local governments to the state and the population are determined, and priorities for the socio-economic development of the municipality are specified.

At present, the role and functions of municipalities, especially urban settlements, as complex socio-economic systems, are gradually changing in Russia, which is due to several circumstances:

1. The targets for the development of municipalities are changing significantly. If in the recent past, in the management of the urban economy, the principles of rational territorial distribution of productive forces and an orientation towards the specialization of cities with an obligatory dominant in the form of city-forming enterprises were primarily applied, then with the development of public authority in accordance with the social orientation of its activities, humanistic principles began to play an important role, assuming the priority of creating in the municipality favorable conditions for the life of citizens, the development of entrepreneurship and the formation of social infrastructure.

2. Having ceased to be responsible for solving production problems, local governments assume responsibility for the formation and implementation of a strategy for the integrated socio-economic development of the territory, programs for the improvement and development of various sectors of the municipal economy, and also ensure the provision of high-quality municipal services to the population.

3. There is competition between municipalities for attracting investments, financial and human resources, which necessitates the adoption by local governments of measures aimed at improving the living standards of citizens and the quality of the environment, which is determined by a system of economic, demographic, social, cultural and environmental parameters.

4. Residents of municipalities are gradually included in the system of territorial development management, exercising their rights, interests and initiatives as citizens and private owners through various forms of direct democracy, as well as through participation in consultative and advisory bodies, public chambers under government bodies.

Topic 12. Forms of direct democracy in the system of local self-government

12.1. Forms of direct expression of the will of citizens at the local level

Forms of direct expression of will contribute to the direct exercise of power by the population of the municipality and are an important element of the local self-government system. Forms of direct expression of the will of citizens can be of two types:

1) forms of direct expression of will of a binding nature - these are forms that make it possible to identify the mandatory will of the population of a municipal formation: a local referendum, municipal elections, meetings (gatherings);

2) forms of direct expression of will of a recommendatory nature - these are forms that contribute to the identification of public opinion of the population regarding the implementation of local self-government and allow local government bodies and officials to make (or not make) a decision, taking into account the opinion and interests of the majority of the population. Such forms are territorial public self-government, people's law-making initiative, citizens' appeals to local governments, residents' conferences on local issues, public opinion polls, rallies, demonstrations, processions, picketing, etc.

The highest direct expression of the will of the population is a local referendum.

local referendum - This is the vote of citizens on the most important issues of local self-government. The Constitution, fixing the referendum as one of the forms of local self-government (Article 130), recognizes the right of every citizen of the Russian Federation to participate in the referendum (Article 32).

Federal Law No. 6-FZ of October 2003, 131 “On the general principles of organizing local self-government in the Russian Federation” (hereinafter in this chapter - the Law on Local Self-Government of 2003) establishes the following principles for holding a local referendum:

1) participation in a referendum is universal and equal;

2) voting is carried out directly and voluntarily;

3) control over the expression of the will of citizens is not allowed.

In accordance with the Law on Local Self-Government of 2003 (Article 22), the decision to hold a local referendum is made by the representative body of local self-government on its own initiative or at the request of the population in accordance with the charter of the municipality.

Subjects of the Russian Federation have adopted laws or regulations on local referendums, which set out the requirements for their conduct. For example, according to the Law of the Saratov Region “On Referendums in the Saratov Region”, certain issues must be submitted to a local referendum: on the creation or division of local government bodies on the territory of municipalities, on changing the boundaries of municipalities, etc. To the local referendum of the Saratov Region Questions cannot be asked:

1) on the adoption and amendment of the budget of municipalities;

2) on the introduction, amendment, abolition of taxes and fees;

3) on taking emergency and urgent measures to ensure the health and safety of the population;

4) on the extension of powers of heads of municipal entities, heads of administrations and representative bodies of municipal entities.

In the charters of municipal formations, the following issues acquire a specific definition: the procedure for collecting signatures of residents of a given municipal formation under the requirement to hold a local referendum; the required number of such signatures; the procedure for creating, the rights and obligations of the relevant initiative groups of the population; deadlines for calling a local referendum, etc.

According to the Law on Local Self-Government of 2003 (Article 22), decisions taken at a local referendum do not need to be approved by any state authorities, state officials or local self-government bodies and are binding on all bodies, officials, enterprises , institutions, organizations located on the territory of the municipality, as well as citizens. Decisions made at a local referendum and voting results are subject to official/publication (promulgation).

Municipal elections, as well as a local referendum, are the highest direct expression of the will of the population of a municipality. Their significance is determined, first of all, by the fact that through elections, representative bodies of local government are formed and the heads of the local administration receive their powers. During the election campaign, citizens direct the activities of local government bodies with their proposals and critically evaluate their work. Each election campaign stimulates the development of social activity of citizens, helps identify their urgent needs and interests, and creates the necessary preconditions for their satisfaction.

According to the 2003 Law on Local Self-Government, municipal elections are carried out on the basis of the general principles of Russian electoral law: universal, equal direct suffrage by secret ballot. Federal Law No. 12-FZ of June 2002, 67 “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation” defines the process of organizing elections of local government bodies and distinguishes the following stages:

1) calling elections;

2) formation of electoral districts and precincts, formation of election commissions, compilation of a voter list;

3) nomination and registration of candidates for election to local government bodies;

4) conducting election campaigning;

5) voting;

6) determination of election results.

These stages and other issues of municipal elections are regulated in more detail in the laws of the constituent entities of the Russian Federation, for example, in the Law of the Saratov Region "On Elections to Local Self-Government Bodies of the Saratov Region."

Residents of municipalities have the opportunity to recall previously elected deputies and local government officials who have not lived up to the trust of voters. According to the Local Government Act 2003 (Article 24), voting by residents to recall a deputy and an elected local government official is possible under two conditions:

1) specific illegal decisions or actions (inactions) of the deputy must be proven in court (and the deputy must be given the opportunity to give explanations to voters about the accusations brought forward);

2) at least half of the voters registered in the municipality must vote for the recall of the deputy.

Gatherings of citizens is a traditional form of local affairs management for Russia. Gatherings provide citizens with the opportunity to combine collective discussion of issues and decision-making with personal activity and initiative, expressed in their questions, speeches, participation in voting, etc. Gatherings also serve as a form of attracting citizens to the implementation of a wide variety of managerial functions. According to the Law on Local Self-Government of 2003, in small urban and rural settlements - with the number of voters less than 100 people - gatherings take on the role and functions of a representative body, which in such cases is not formed. The procedure for convening and holding gatherings is determined at the level of subjects of the Russian Federation and local governments. Decisions made at the meeting of citizens are binding.

Territorial public self-government, according to the Law on Local Self-Government of 2003 (Article 27), is a form of self-organization of citizens at their place of residence in part of the territory of the municipality. It should be noted that territorial public self-government is a voluntary form of self-organization of citizens, i.e. it may not be in demand by residents.

People's Lawmaking Initiative a fairly relevant form of direct expression of the will of citizens, which makes it possible to identify the public opinion of the population regarding the implementation of local self-government. Citizens with their proposals and projects on issues of local importance can help representative bodies in the development of local regulations.

The 2003 Law on Local Self-Government defines and guarantees the exercise by the population of a municipality of their right to popular lawmaking initiative. These guarantees are associated, firstly, with the obligation of local governments to consider legal acts on local issues submitted by the population at open meetings with the participation of representatives of the population, and, secondly, with the official publication of the results of their consideration.

For the implementation of the law-making initiative, the Law on Local Self-Government of 2003 establishes the minimum number of the initiative group of citizens: no more than 3% of the number of residents of the municipality who have the right to vote. The will of citizens to adopt a legal act in the manner of a law-making initiative is not mandatory for local governments. A motivated refusal of local self-government bodies to adopt (issue) a legal act, the draft of which was introduced by the population in the manner of a people's law-making initiative, does not entail any legal consequences.

Appeals citizens to local governments as one of the forms of direct expression of the will of the population of the municipality gives them the opportunity to participate in determining the tasks and activities of local governments, in developing draft decisions for them, in monitoring the activities of local governments and officials. Citizens' appeals are an important means of showing social and political activity, the interest of residents in public affairs. In addition, this is a way to strengthen the ties between the municipal apparatus and the population and a source of information necessary for solving current issues of public life.

Citizens have the right to apply to local self-government bodies both personally and to send individual and collective appeals to them. Guarantees for the exercise by the population of the municipality of their right to apply to local governments are enshrined in the Law on Local Self-Government of 2003. It is the duty of local governments to consider citizens' appeals within a month and administrative responsibility, which can be established for violation of the timing and procedure for responding to citizens' appeals.

Public opinion polls one of the forms of direct expression of the will of the population, which makes it possible to identify public opinion regarding the implementation of local self-government. The results of public opinion polls are subjected to analysis, sociological research, and then communicated to the population through local media. Bodies and officials of local self-government are interested in constant monitoring and publication of their results. They allow you to find out the position taken by the population of the municipality in relation to the local authorities, and quickly respond to it; help to identify the problems of the population and make a decision taking into account the opinion and interests of the majority; provide an opportunity to clarify their views and positions; and to receive and provide additional information.

One of the new forms of direct democracy is public Hearings, which are held by the head of the municipality with the participation of residents to discuss the most important draft local regulations. Thus, according to the Local Government Act 2003, the following must be submitted to public hearings:

1) the draft charter of the municipality, as well as projects on introducing amendments and additions to the charter;

2) a draft local budget and a report on its implementation;

3) draft plans and programs for the development of the municipality;

4) questions about the transformation of the municipality;

5) urban planning issues.

Rallies, demonstrations, processions, picketing and other mass demonstrations are one of the important forms of direct democracy, although they have a contradictory effect on the socio-economic life of citizens. These actions, to a certain extent, express the mood of the inhabitants, therefore, ignoring such forms of expression of the will of citizens can lead to a change of power, to the disruption of the adoption and implementation of effective development programs and to the destabilization of the life of the entire municipality.

These forms also play an important role in attracting the attention of local governments to topical issues of socio-economic development of the territory and other issues requiring urgent resolution. In this regard, the Federal Law of June 19, 2004 No. 54-FZ "On meetings, rallies, demonstrations, processions and picketing" imposes a number of requirements on mass demonstrations: they cannot be held in prohibited places, they must take place peacefully and unarmed, without calls for a change of power, should not pursue goals prohibited by law and should be carried out without the participation of children.

Along with the forms of direct democracy provided for by federal legislation, citizens also have the right to participate in the implementation of local self-government in other forms that do not contradict the current legislation.

12.2. Territorial public self-government in the system of local self-government

An element of the system of local self-government and a form of direct democracy of a recommendatory nature is territorial public self-government. According to the Law on Local Self-Government of 2003 (Article 27), territorial public self-government is a form of self-organization of citizens at their place of residence to carry out their own initiatives on issues of local importance.

Territorial public self-government (hereinafter - TOC) is carried out on a part of the territory of the municipality: at the entrance of an apartment building, in a house, in a group of residential buildings, in a rural settlement, etc. It should be noted that only one TOC body The multi-level system assumes the subordination of lower levels to the higher ones, for example, the head of the entrance will report to the head of the house, and he, in turn, the chairman of the TOC of the microdistrict. Thus, an extensive system is being created for servicing the housing complex and landscaping its territory. The boundaries of the territory of the TOC are established by the representative body of the municipality at the suggestion of the population. The opinion of the population living in a given area can be identified through meetings, conferences of residents, public opinion polls, etc.

The Law on Local Self-Government 2003 (Art. 27) establishes the powers of the TOC bodies, in particular, they:

1) represent the interests of the population living in the relevant territory (the main function of the TOC subject is to represent and protect the interests of the inhabitants of its territory in local governments and in state authorities);

2) ensure the execution of decisions made at meetings and conferences of citizens (decisions made by the supreme governing body of the TOC are executed by other bodies of the TOC, while the general leadership is carried out by the chairman of the TOC);

3) may carry out economic activities for the maintenance of the housing stock, landscaping, other economic activities aimed at meeting the social and domestic needs of citizens living in the relevant territory, both at the expense of these citizens, and on the basis of an agreement between territorial public self-government bodies and local self-government bodies using local budget funds. (Thus, some restrictions are imposed on the economic activities of the TOC bodies. Thus, the TOC bodies have the right to: create in the prescribed manner enterprises and organizations that meet the needs of residents in goods and services; TOC authorities have the right to use land plots on the TOC territory for the construction of cellars and garages, the creation of children's and recreational areas, the laying out of public gardens, the opening of parking lots and areas for walking dogs, as well as for other publicly useful goals);

4) have the right to submit to local self-government bodies drafts of municipal legal acts subject to mandatory consideration by these bodies and officials of local self-government, whose competence includes the adoption of these acts. (Thus, a feature of the status of TOC bodies (and their main difference from public associations, to which TOC bodies are sometimes erroneously attributed) is the right to participate in local rule-making, acting as subjects of a law-making initiative).

The Law on Local Self-Government of 2003 (Article 27) establishes two main forms of implementation of territorial public self-government by residents: firstly, directly (through all forms of direct expression of will) and, secondly, indirectly - through the formed TOC bodies System of territorial public self-government as a set of organizational forms of implementation, TOC usually includes the following elements:

1) forms of direct expression of will (general meetings, conferences of residents, population surveys, etc.);

2) TOC bodies (meeting as the highest governing body, committee as the executive body, the chairman exercises general management of the TOC bodies, the audit commission as a body monitoring the implementation of economic activities, etc.);

3) voluntary unions of TOC bodies.

TOC bodies are elected by residents living in the respective territory. Elections of TOC bodies can be held both at constituent general meetings or conferences of residents at their place of residence, and on the basis of universal, equal and direct suffrage by secret ballot.

The Law on Local Self-Government of 2003 (Article 27) establishes that general meetings of residents are eligible if at least half of the inhabitants of the relevant territory who have reached the age of 16 participate in them. A residents' conference is held in cases where it is not possible to hold a general meeting of residents. Delegates to the residents' conference are elected according to the norm established by the head of the local administration at the suggestion of the initiative group. The Conference of Citizens on the Organization and Implementation of Territorial Public Self-Government is competent if it is attended by at least 1/3 of the elected delegates representing at least half of the residents of the relevant territory who have reached the age of 16.

To conduct general meetings, conferences of residents, a chairman and a secretary are elected. Decisions of general meetings and conferences of residents are taken by a simple majority of votes of those present and drawn up in minutes. Decisions of TOC meetings and conferences are brought to the attention of local governments and other interested parties within 10 days.

The Law on Local Self-Government of 2003 (Article 27) establishes the exclusive powers of TOC meetings, conferences, referring to them the following issues:

1) establishing the structure of the TOC bodies (at the general meeting of residents, the types of elected TOC bodies are determined, as a rule, this is the chairman who exercises general management, the executive and administrative and control and audit bodies of the TOC, the number of employees of the TOC bodies is also determined at the meeting);

2) adoption of the charter of the TOC, making changes and additions to it (the charter, as a regulatory and constituent act of the TOC, can only be adopted at a general meeting, a conference of residents);

3) election of TOC bodies (it is at general meetings, conferences that residents elect the TOC chairman and TOC bodies);

4) determination of the main activities of TOC (at meetings, conferences, residents determine the most priority areas for the development of their territory, as a rule, these are issues of landscaping the TOC territory, repairing a residential complex, meeting other social and everyday needs of citizens);

5) approval of the estimate of TOC income and expenses and a report on its implementation (in this case, the estimate should be understood as the financial and planning act of the TOC subject, which determines the purpose of the allocated resources and the amount of income and expenses for a certain period of time (usually one year) from by quarters);

6) consideration and approval of reports on the activities of TOC bodies (the chairman and TOC bodies report on the results of activities to the residents of their territory, thus, public control over the activities of the TOC subject is carried out).

In accordance with the Law on Local Self-Government 2003 (Article 27), TOC is registered in the legal form of a non-profit organization.

TOC bodies are required to have a TOC charter. The requirements for a TOC's constitution are set out in the Local Government Act 2003 (s. 27). Thus, the TOC charter establishes:

1) territory of TOC implementation (TOC charters contain a detailed description of the boundaries of their territory, indicating streets, court numbers, description of the natural geographical landscape, etc.);

2) goals, objectives, forms and main directions of TOC activities;

3) the procedure for the formation, termination of powers, rights and obligations, term of office of TOC bodies (these articles are found in almost all TOC charters);

4) the procedure for making decisions (decisions affecting the interests of residents are made at meetings and TOC conferences);

5) the procedure for acquiring property, as well as the procedure for using and disposing of said property and financial resources;

6) the procedure for terminating the implementation of the TOC (TOC charters, as a rule, contain a list of the rights and obligations of the liquidation commission, which is created to liquidate the TOC).

According to Art. 27 of the Law on Local Self-Government 2003, additional requirements for the TOC charter cannot be established by local governments.

The laws of the constituent entities of the Russian Federation establish the procedure for creating and managing the financial resources of TOC bodies. As a rule, the financial resources of TOC bodies are generated from the following sources:

1) own finances;

2) borrowed funds;

3) funds transferred to them by local government bodies.

Own financial resources are formed from income from the economic activities of TOC bodies, voluntary contributions and donations from enterprises, institutions, organizations, citizens, as well as other income. Borrowed funds include not only bank loans and credits, but also grants. And finally, local governments transfer financial resources to TOC bodies for the implementation of specific activities, plans, programs, as well as with the transfer of their individual powers.

Territorial public self-government in its essence is the most mobile and operational form of self-organization of citizens due to the following reasons:

1) territorial public self-government is as close as possible to the residents;

2) the possibilities of territorial public self-government are much wider than those of other self-government systems;

3) the size of the population with which the bodies of territorial public self-government work is disproportionately smaller than in the municipality, so it becomes possible to work with specific people using an individual approach.

The implementation of the Law on Local Self-Government of 2003 will allow territorial public self-government to become not only the optimal form of self-organization of citizens at their place of residence, but will also contribute to the involvement of residents in the management process.

Topic 13. The system of local governments

13.1. Local governments: concept, types, general characteristics

Local self-government bodies, as a rule, are understood as elected and other bodies empowered to resolve issues of local importance and not included in the system of state authorities. These are the bodies of local self-regulating territorial communities, municipalities, by which they are formed and to which they are responsible for the proper execution of their powers. Local governments have the following features:

1) are not included in the system of public authorities (in accordance with Article 12 of the Constitution);

2) if they are vested with separate state powers, they can participate in the implementation of state functions, and their activities in this case will be under the control of the state (in accordance with Article 132 of the Constitution).

Article 34 of the Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation” (hereinafter in this chapter - the Law on Local Self-Government of 2003) clearly defines the structure of local government bodies, including the following elements:

1) representative body of the municipality;

2) head of the municipality;

3) local administration;

4) control body of the municipality;

5) other local government bodies provided for by the charter. Moreover, the presence of the first three elements in the system of local self-government bodies is mandatory.

In the system of municipal authorities, a special place is occupied by representative body local self-government as an elected body that has the right to represent the interests of the population and make decisions on its behalf that operate on the territory of the municipality. The names of the representative body of local self-government are different. Depending on historical, national and other traditions, a representative body can be called: a thought, a council, a municipal council, a gathering, an assembly, a meeting of representatives, a council, a kurultai, a jirga, a circle, etc.

The representative body carries out issues of exclusive jurisdiction - these are issues that do not require referendums, public opinion polls, public discussions, which only the representative body of local self-government and no other bodies have the right to decide. According to the Local Government Act 2003 (Article 35), the following matters are under the exclusive jurisdiction of the local government representative body:

1) adoption of the charter of the municipality and introduction of amendments and additions to it;

2) approval of the local budget and report on its execution;

3) establishment, amendment and abolition 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 municipality, approval of reports on their implementation;

5) determining the procedure for managing and disposing of property 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 setting tariffs for the services of municipal enterprises and institutions;

7) determining the procedure for the participation of a municipality in intermunicipal cooperation organizations;

8) determination of the procedure for material, technical and organizational support for the activities of local government bodies;

9) control over the execution by local government bodies and local government officials of powers to resolve issues of local importance.

The listed powers of representative bodies are a minimum, but not an exhaustive list of their rights and obligations. The powers of representative bodies of local self-government are determined by the charters of municipalities, where, in accordance with the legislation of the constituent entities of the Russian Federation, they can be expanded (but not narrowed). In the case when the list of powers is wide enough, the role of representative bodies in the general system of local self-government bodies increases significantly.

The structure of a representative body of local self-government is the internal structure of the body, which, according to legislation, is determined independently by the population of the municipality. The structural elements of a representative body of local self-government, as a rule, include:

1) management (chairman);

2) functional and sectoral divisions (permanent and temporary commissions);

3) territorial structures (deputy groups);

4) political factions;

5) working apparatus.

The chairman organizes the work of the representative body of the municipality: convenes and conducts meetings of the representative body; controls and ensures the implementation of the regulations of the representative body; signs decisions, minutes of meetings, other documents of the representative body; organizes the implementation of the decisions of the representative body; coordinates the activities of permanent and other commissions; solves other issues that may be entrusted to him by a representative body or assigned by the current legislation.

Standing commissions, as a functional and sectoral structural unit of a representative body of local self-government, occupy a special place in the structure of the body. The tasks of standing commissions of a representative body of local self-government include the following issues:

a) development of proposals for consideration at meetings;

b) preparation of conclusions and draft decisions on issues related to the conduct of the representative body; c) assistance to local government bodies and deputies in their work to implement the decisions of the representative body; d) control, within the powers of the representative body, over the activities of the city administration, its structural territorial divisions, as well as over the work of enterprises, institutions and organizations to implement the decisions of the representative body.

Executive bodies local self-government - bodies exercising organizational, managerial and executive-administrative functions aimed at the implementation of federal laws, laws of a constituent entity of the Russian Federation and local regulations, as well as endowed with their own competence by the charter of a municipal formation. The executive body of local self-government is the local administration (mayor's office).

Local administration (from Latin administratio - management, leadership) is an executive body in the local government system, headed by the head of the municipality (head of administration), carrying out the following organizational and administrative functions:

1) execution of federal laws, laws of a constituent entity of the Russian Federation and local regulations;

2) development of the draft budget of the municipality and its implementation;

3) management of municipal property;

4) development of programs for the socio-economic development of the municipality and their implementation, etc.

The structural elements of local administration, as a rule, include:

1) management (head of local administration and his deputies);

2) administration apparatus;

3) departments, directorates, committees;

4) territorial (district) structural units of local administration.

The head of the local administration manages the activities of the executive bodies of the municipality on the basis of unity of command. All executive bodies of local self-government are accountable to it and are responsible to it. The head of the local administration is personally responsible for the proper functioning of the executive bodies of city government. In accordance with the charter of the municipality, the head of the local administration performs the following functions:

a) organizes the formation and execution of the budget of the municipality;

b) manages directly and through subordinate bodies enterprises, institutions and organizations that are in municipal ownership;

c) ensures observance of the law, rights and freedoms of citizens;

d) repeal legal acts of subordinate administrative bodies; e) organizes the development of draft plans, programs, legal acts and submits them for consideration by the representative body of the municipality; f) conclude contracts, agreements; g) apply incentive measures, bring to disciplinary responsibility the municipal employees appointed by him.

According to the Local Government Act 2003 (section 37), the head of a local government may be:

1) head of the municipality;

2) a person appointed under a contract concluded based on the results of a competition to fill the specified position.

When holding a competition, the representative body of the municipality decides on the following issues:

a) determines the procedure for holding a competition (by adopting a regulation on a competition to fill the position of head of a local administration);

b) establishes the composition of the competition commission (including the total number of commission members);

c) appoints members of the competition commission in municipal districts and urban districts, appoints only 1/3, and 2/3 is appointed by the legislative body of state power of the constituent entity of the Russian Federation on the proposal of the highest official of the constituent entity of the Russian Federation);

d) selects a person for the position of head of the local administration from among the candidates presented by the competition commission based on the results of the competition; e) approves the terms of the contract of the head of administration (accepting a sample contract concluded with the head of the local administration);

f) approves the structure of the local administration upon the resignation of the head of the local administration;

g) has the right to initiate the termination of the contract with the head of the local administration.

The highest official in the local government system is the head of the municipality. According to the Local Government Act 2003 (section 36), the head of a municipality:

1) elected at municipal elections or by a representative body of the municipality from among its members;

2) if elected in municipal elections, he is either a member of the representative body of the municipality with the right to a decisive vote and is its chairman, or heads the local administration;

3) if elected as a representative body of a municipal formation, is the chairman of the representative body of the municipal formation;

4) cannot simultaneously be the chairman of the representative body of the municipality and the head of the local administration;

5) in the event of the formation of a representative body of a municipal district from among representatives of elected bodies of settlements, he is the chairman of the representative body of the municipal district.

Thus, the principle of separation of powers is implemented at the local level. According to the Law on Local Self-Government of 2003 (Article 36), in rural settlements (usually small ones) it is allowed to combine the powers of the chairman of the representative body of local self-government and the head of the local administration.

In accordance with the Law on Local Self-Government 2003 (Article 36), the head of the municipality has the following powers:

1) represents the municipality in relations with local governments of other municipalities, public authorities, citizens and organizations, acts on behalf of the municipality without a power of attorney (representative powers imply that the head of the municipality has the right to sign agreements with the listed entities, express a position on behalf of of the entire municipality, with the exception of cases specially provided for in the legislation or charter of the municipality);

2) signs and promulgates, in accordance with the procedure established by the charter of the municipal formation, normative legal acts adopted by the representative body of the municipal formation;

3) issue legal acts within the scope of its powers;

4) have the right to demand the convening of an extraordinary meeting of the representative body of the municipal formation.

The above powers belong to the head of the municipality, regardless of the method of his election and of which body he heads. The charters of municipalities expand this list of powers of the head of the municipality, taking into account which body he heads - representative or executive. The head of the municipal formation is controlled and accountable to the population of the municipal formation and the representative body of local self-government.

Local self-government bodies are interconnected and represent a single system in which, according to the Law on Local Self-Government of 2003, the principle of separation of powers is implemented.

13.2. Competence of local governments

The problem of determining the competence of local self-government bodies is one of the key ones for the formation of the legal basis of local self-government and the organization of the activities of local authorities. Moreover, the effectiveness of the entire public system of power depends on the rational distribution of competence between its levels.

Art. 4 of the European Charter of Local Self-Government, according to which the basic powers of local self-government bodies are established by the Constitution or by law. Paragraph 2 of Art. 4 of the Charter provides for the full freedom of action of local self-government bodies, within the limits established by law, to implement their own initiative on any issue that is not excluded from their competence and is not under the jurisdiction of any other body.

Fixing the foundations of the competence of local self-government, the Constitution in Art. 130 introduces the concept of issues of local importance and in Art. 132 provides local governments with the most important powers for their decision: management of municipal property; formation, approval and execution of the local budget; establishment of local taxes and fees; maintaining public order. In addition, the same article establishes that local self-government bodies resolve other issues of local importance, and also provides for the possibility of vesting local self-government bodies with separate state powers.

Based on these provisions, it can be concluded that there are two types of competence for local self-government - own and delegated. Own competence is established by laws (the Constitution, federal laws and laws of the constituent entities of the Russian Federation), as well as by-laws of the federal, regional and local levels. Delegated competence is state competence (competence of the Russian Federation or a constituent entity of the Russian Federation) transferred to local self-government (municipal formation) by federal law or the law of a constituent entity of the Russian Federation, respectively.

The most important tasks of local self-government are also defined in other articles of the Constitution. So, according to Art. 40, "local governments encourage housing construction, create conditions for the exercise of the right to housing", "poor, other citizens specified in the law who need housing, it is provided free of charge or for an affordable fee from ... municipal ... housing funds in in accordance with the rules established by law." Article 41 provides that "health care in ... municipal health care institutions is provided to residents free of charge." In Art. 43 guarantees "the general availability and free of charge of basic general and secondary vocational education in state and municipal educational institutions."

In furtherance of the Constitution, the Law on Local Self-Government of 2003 in Chapter 3 establishes issues of local significance of a settlement, municipal district and urban district, as well as the powers of local self-government bodies to resolve them; Chapter 4 provides for the empowerment of local self-government bodies with separate state powers.

Such an approach of the legislator to the formation of the competence of local self-government makes it possible to establish the minimum necessary list of functions and powers inherent in its nature and guaranteed by the Federal Law, to clarify it in relation to the characteristics of the constituent entity of the Russian Federation and the municipality, and also to transfer to the level of local self-government certain powers inherent in state bodies, but most effectively executed at the local level, while maintaining state control over the execution of these powers.

Under the issues of local importance in the said Law are understood the issues of direct support of the life of the population of the municipality, the solution of which, in accordance with the Constitution and federal law, is carried out by the population and (or) local governments independently.

The specified law delimits in detail the issues of local importance for each level of the territorial organization of local self-government (settlement, municipal district, urban district) in accordance with the objective capabilities of the municipality and the requirements of state policy in various areas. It also provides that municipalities have the right to resolve other issues that are not excluded from their competence and are not assigned to the competence of other municipalities and state authorities, only if they have their own material resources and financial resources.

Issues of local importance can be grouped according to areas of activity:

1) management of municipal property and local finances (formation, approval, execution of the budget of the settlement and control over the execution of this budget; establishment, change and abolition of local taxes and fees of the settlement; possession, use and disposal of property owned by the municipality of the settlement);

2) organization, maintenance and development of municipal services: enterprises and institutions related to ensuring the life of the population in various areas of local life, creating conditions to meet the needs of the population in various types of services (organization of the provision of public services; transport services and road construction; housing provision; creation of conditions for the provision of communication services, public catering, trade, consumer services, culture; creation of conditions for the organization of leisure, mass recreation, physical culture and sports; organization of improvement and gardening, garbage disposal, etc.).

There are the following criteria for determining the belonging of power to issues of local importance:

1) issues within the competence of local self-government bodies should concern, first of all, the interests of the population of the relevant territory;

2) issues resolved by local governments should be a necessary component of the daily life of the population (housing, urban transport, public services, etc.);

3) the solution of these issues can be carried out exclusively at the place of residence of citizens, where the necessary conditions and mechanisms have been created for this;

4) the implementation of the tasks facing local self-government bodies requires the involvement of a public component in the form of territorial public self-government bodies and other public formations of the population;

5) the ability of the population to monitor implementation and objectively evaluate the results of resolving these issues. [39]

Issues of local importance are one of the components of the competence of local governments and give an idea of ​​the areas and directions of their activities. To resolve issues of local importance, local governments are vested with appropriate powers.

The most significant statutory powers of local governments 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) establishment of official symbols of the municipality;

3) creation of municipal enterprises and institutions, financing of municipal institutions, formation and placement of a municipal order;

4) setting tariffs for services provided by municipal enterprises and institutions;

5) regulation of tariffs for goods and services of organizations of the communal complex (with the exception of tariffs for goods and services of organizations of the communal complex - producers of goods and services in the field of electricity and (or) heat supply), tariffs for connection to the utility infrastructure system, tariffs of organizations of the communal complex for connection, surcharges to tariffs for goods and services of organizations of the communal complex, surcharges to prices (tariffs) for consumers;

6) 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 local self-government, an elected official of local self-government, voting on issues of changing the boundaries of a municipal formation, transformation of a municipal formation;

7) the adoption and organization of the implementation of plans and programs for the integrated socio-economic development of the municipality, as well as the organization of the collection of statistical indicators characterizing the state of the economy and the social sphere of the municipality, and the provision of these data to state authorities in the manner established by the Government of the Russian Federation;

8) establishment of a print media for publishing municipal legal acts, discussing draft municipal legal acts on issues of local importance, bringing to the attention of residents of the municipality official information on the socio-economic and cultural development of the municipality, on the development of its public infrastructure and other official information ;

9) implementation of international and foreign economic relations in accordance with federal laws.

The scope of powers of local self-government bodies in those areas where they act jointly with state authorities is also established in sectoral federal laws.

Currently, there are several trends in the regulation of the powers of local governments by federal laws:

1. Some laws define the competence of local governments on the subject of regulation of this law much more broadly than is done in the Law on Local Self-Government of 2003. This is typical for the Fundamentals of the Legislation of the Russian Federation on the protection of the health of citizens, Federal Laws of February 23, 1995 No. 26 -FZ "On natural healing resources, health-improving areas and resorts", dated January 10, 1996 No. 4-FZ "On land reclamation", dated November 23, 1995 No. 174-FZ "On environmental expertise", Laws of the Russian Federation dated April 19, 1991 No. 1032-1 "On employment in the Russian Federation", February 7, 1992 No. 2300-1 "On consumer protection", July 10, 1992 No. 3266-1 "On education", etc. .

2. In the laws adopted after the entry into force of the Constitution, the norm is most often fixed that local self-government, within the limits of its competence, independently resolves relevant issues. However, these limits are not defined, as the Law on Local Self-Government 2003 does not mention this area of ​​activity. This applies to the Federal Laws of December 10, 1995 No. 196-FZ "On Road Safety", of August 11, 1995 No. 135-FZ "On Charitable Activities and Charitable Organizations".

3. A considerable part of the subjects of local self-government, provided for in the Law on Local Self-Government of 2003, received the necessary specification in the relevant sectoral federal laws only in 2004 (“On Communications”, “On Postal Communications”, “On Architectural Activities in the Russian Federation", "On emergency rescue services and the status of rescuers").

Currently, most sectoral federal laws have been brought into line with the list of issues of local importance by Federal Laws of August 22, 2004 No. 122-FZ “On Amendments to Legislative Acts of the Russian Federation and Revocation of Certain Legislative Acts of the Russian Federation in Connection with the Adoption of Federal laws “On Amendments and Additions to the Federal Law “On the General Principles of the Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” and “On the General Principles of the Organization of Local Self-Government in the Russian Federation”” and dated December 29, 2004 No. 199 -FZ "On amendments to the legislative acts of the Russian Federation in connection with the expansion of the powers of public authorities of the constituent entities of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, as well as with the expansion of the list of issues of local importance of municipalities."

Federal legislation does not regulate the entire scope of powers exercised by local governments, granting this right to the legislation of the constituent entities of the Russian Federation and regulatory legal acts of municipalities. The powers of local self-government bodies should be enshrined in the charter of the municipality.

13.3. Organizational structure of local administration: areas for improvement

In general, the structure of local administration in all municipalities is based on general principles in accordance with the functional and sectoral distribution of powers to resolve issues of local importance between structural units. At the same time, it is a fairly dynamic system, which, as the tasks facing the municipality, the living conditions of citizens, and other factors, undergoes innovations.

The organizational structure is understood as the composition and subordination of interrelated organizational units (individual positions), units (managerial units) and steps (levels) endowed with certain rights and responsibilities for performing the corresponding target management functions. [40]

The control link is a separate cell with strictly oriented control functions, and the control stage (level) is a set of control links located at a certain hierarchical level.

The formation of a specific organizational structure of the local administration is influenced by several factors, the main of which are:

1. Type of municipality. It predetermines the list of issues of local importance, from which the powers of the administration are formed.

2. Goals and objectives of the socio-economic development of the municipality. Depending on the chosen development priorities, those links of management that are entrusted with the functions of achieving the relevant goals and solving problems will be "strengthened".

3. The size of the territory, the number and composition of the population of the municipality. In large cities, more complex administration structures are being built, including, among other things, the presence of territorial structural divisions.

4. The level of development of production and market infrastructure. In a more developed municipality in this regard, there are more opportunities for outsourcing, i.e., transferring individual administrative functions that are not of an imperious nature to a more efficient performer.

5. Various local features - geographical, natural, demographic, historical. They determine the need to create structural units that are not typical in terms of functionality and may not be available in most municipalities.

In addition to the above, the organizational structure of the local administration is significantly influenced by internal factors, such as the personal qualities of the leadership and its role in the management system, the management technologies used, the level of resistance to innovation, the organization of labor, the material and technical equipment of the administration, etc.

At present, the determining factor underlying the formation of the structure of the local administration is its competence in accordance with the issues of local importance provided for by federal law and the distribution of powers between local governments, enshrined in the charter of the municipality.

There are six groups of issues that fall within the competence of the local administration:

1) issues of socio-economic development of the territory;

2) issues of municipal economy;

3) financial issues;

4) social issues;

5) administrative and organizational issues;

6) execution of transferred state powers.

The first five groups of questions are present in all municipalities, regardless of type. The sixth group of questions refers only to municipal districts and urban districts, which are entitled to exercise certain state powers.

The indicated groups of powers are distributed between sectoral and functional structural divisions, as a result of which a typical linear-functional structure of the local administration is created, which usually includes:

1) leadership: the head of the administration, deputy heads, which may include the first deputy;

2) structural units that may be subordinate to the head of administration, one of his deputies or in subordination to each other:

▪ sectoral structural divisions in charge of individual sectors of municipal activity (housing and communal services, education, culture, healthcare, transport, etc.);

▪ functional structural units performing one or more functions in all sectors (economic service, financial authority, municipal property management authority, etc.);

3) territorial bodies (for example, for a city with district division);

4) the apparatus of the administration, which provides and organizes its activities: legal, personnel, information services, office work, work with citizens' appeals, own accounting, etc.

Such organizational structures are called linear-functional because of the main orientation in the decision-making system to the interaction between industry (linear) and functional structural units. The former are, as a rule, the initiators of decision-making, while the latter perform the functions of expertise, coordination of draft decisions.

Depending on the role and place in the organizational structure, the importance and scope of the tasks to be solved, structural units have different status and, accordingly, have different names.

1. Departments - functional and sectoral structural units that carry out executive, administrative and control functions in a particular industry or area of ​​management of a municipality and determine the conceptual development in this area (industry); headed by deputy heads of administration.

2. Departments - relatively independent structural units of the local administration, providing a certain area of ​​activity of the local administration; has the right to issue administrative acts.

3. Committees - structural divisions created and functioning on a permanent basis in the priority direction of the administration.

4. Departments - structural subdivisions of the local administration, performing operational or auxiliary functions.

5. Sectors - organizationally non-isolated structural subdivisions of a department (less often - management), which carry out executive activities and are formed to solve homogeneous tasks, as a rule, over a certain period of time.

6. Commissions - are created for a certain period of time to solve a problem.

At the same time, this list is not unified, and in practice there is often a significant discrepancy between the names of structural units, their place in the organizational structure and the functions performed.

In modern conditions, when the effectiveness of the activities of local governments directly depends on the ability to strategic planning, focus on the goals and objectives of the socio-economic development of the municipality, the existing linear-functional organizational structures are not flexible enough and do not have time to adapt to changes in the external environment, the management object , the needs of citizens.

The requirements for the widespread introduction of program-targeted management methods necessitate the formation of new - project (program-targeted) structures based on broad interagency cooperation involving individual structural units as the main executors of a specific task for a certain period of time.

With this approach, to address the priority issues of the development of the municipality, targeted programs are developed, which are a system of measures linked by resources and time. For the implementation of the program, it is planned to allocate the necessary resources and form a temporary team of employees who, for the period of the program, are to some extent in double subordination: to their immediate supervisor and the responsible executor of the program. As a rule, project structures are formed in administrations in the form of committees of working groups.

The use of program-target methods in building the organizational structure of the administration requires complex work to regulate the activities of structural divisions. In addition to analyzing the distribution of functions within the administration and revising existing regulations on structural divisions, it is necessary to describe and approve in the regulations of the administration the system of interaction between structural divisions, the procedure for passing management decisions and the main administrative processes (chains of functions carried out by various structural divisions in interaction, leading to a decision assigned tasks).

When reorganizing the existing organizational structures of local administrations, it should be borne in mind that any actions aimed at organizational changes invariably encounter resistance from the organization itself as a social system focused not on development, but on stability and survival. Therefore, attempts to radically improve the organizational structure will not only not achieve the desired results of improving performance, but can also lead to devastating consequences. The key to success in organizational change is a comprehensive scientific approach based on the correlation of costs and results, together with a detailed study of the system "from the inside".

When determining the structure of the local administration and the distribution of powers between its divisions, it is necessary to proceed from the following principles:

▪ expediency and logic, clear delineation of functional blocks;

▪ avoiding duplication and parallelism;

▪ complete coverage and avoidance of gaps in addressing issues of local importance by the local administration as a whole;

▪ effectiveness, which provides for the possibility of assessing (measuring) the achieved work result;

▪ sufficiency of support, which involves providing the structural unit with a sufficient amount of material, legal, information and other types of support for the proper performance of its functional responsibilities;

▪ systemicity and relationship with other divisions, i.e., when describing the functions of a structural unit, taking into account its relationships with other structures;

▪ structuring (detailing), i.e. dividing the functions of a structural unit into the functions of individual specialists, which are assigned to them in the form of job responsibilities;

▪ efficiency, which means achieving the designated goal and solving the department’s problems at the lowest cost;

▪ preventing the principle of creating structures “for people”;

▪ a unified approach to the formation of structures and determination of the staffing levels of local government bodies. [41]

Obviously, the activity of making changes to the organizational structure of the local administration requires competent expert and analytical work, as well as legal (development and maintenance of up-to-date documents regulating the organization and activities of the administration) and personnel (retraining and advanced training of employees, training of a personnel reserve) support .

13.4. Planning the activities of the local administration

In order to ensure that the current activities of the local administration comply with the goals and objectives facing it, a system for planning the work of the administration is being formed.

Planning system is a set of activities carried out by the local administration and its structural divisions in order to determine the tasks, current results of activities, means and ways to achieve them in accordance with the goals of the administration based on an analysis of the situation, predictive assessments of its development, and possible resources. Planning ensures the effective use of organizational resources, internal coordination, adaptability of the structural and functional organization of the administration to external requirements, awareness of organizational strategies by managers and specialists. The planning process includes the analysis of strategic goals, which are a reflection of the current state and problems in the field of local administration; forecast of the future state of target objects and external conditions; formation of a system of tasks; determination of optimal strategies of activity.

Effective planning of the activities of the local administration should be preceded by the definition of priorities for the socio-economic development of the municipality, based on a comprehensive analysis of the current situation in all spheres of the life of the local community. On the basis of the formulated priorities, a strategy for the socio-economic development of the municipality is formed (or adjustments are made to the existing strategy), the goal and objectives of the activities of local authorities in the long term are determined.

In turn, on the basis of the development strategy, goals and objectives of the activities of local governments, medium-term programs for the socio-economic development of the territory and a strategic plan (concept) for the activities of the local administration are formed.

On the basis of the program of socio-economic development of the municipality for the medium term, in accordance with the strategic plan (concept) of the activities of the local administration, an annual work plan for the administration is being developed.

Such a complex multi-level planning system has significant potential in solving both current problems and long-term tasks facing the administration, but at present, due to the insufficient use of program-targeted management methods at the level of municipalities, it is practically unclaimed.

As a rule, the existing systems for planning the work of the administration are mainly aimed at coordinating the activities of the leadership of the local administration and its structural divisions in time. To this end, the administrations develop annual and quarterly, and sometimes monthly plans for the work of the local administration and its structural divisions. At the level of structural units, weekly work plans can be formed.

The planning system is supported and regulated by internal legal acts, the main of which is the regulation of the local administration.

The annual plan of the administration is a document that includes a list of activities carried out by the administration during the year, indicating the timing of their implementation, responsible executors and planned indicators of efficiency and effectiveness of activities with specific values. Events are grouped according to the main areas of activity of the administration.

Responsible for the formation of the annual plan of the administration is the head of the administration staff, who, as a rule, has the status of deputy head of the administration.

Proposals on the formation of the annual plan are made by the head of administration, his deputies, structural divisions. Heads of structural subdivisions submit proposals to the administration apparatus on the inclusion of measures in the annual work plan of the administration, indicating the deadlines, the responsible structural subdivision and planned indicators of efficiency and effectiveness of the activity. The head of the apparatus summarizes the proposals received and prepares a draft annual work plan for the administration. The draft work plan is sent for approval to the heads of structural divisions and finalized taking into account the comments received.

Administration work plans typically include:

1) issues that are submitted for consideration by the representative body of the municipality;

2) issues the consideration of which requires convening a board;

3) issues on which it is necessary to adopt resolutions of the head of the administration;

4) organizational activities of the administration.

The annual work plan is approved by the head of administration and submitted to structural units for execution.

After the approval of the annual work plan of the administration, annual plans for the activities of structural units are formed. They are coordinated with the deputy head of the administration in charge of these units and approved by the head of the administration.

Questions about the progress of the activities included in the annual work plan of the administration should be submitted to a permanent meeting with the head of the administration. The activities of the annual work plan of the administration, annual work plans of departments and sectors can be adjusted during the year.

The quarterly (monthly) plan is an element of the annual plan. It is formed at the level of administration, the level of independent structural units. The activities of the annual plan planned for the corresponding month can be adjusted in accordance with current problems, tasks and instructions of the representative body of the municipality.

The weekly plan is a list of activities carried out during the week. The weekly plan can be formed at the level of independent structural units as an element of the monthly plan, taking into account additional instructions and tasks and by decision of the head of the structural unit.

In accordance with the strategic and operational plans, the volume of planned work for each employee, his contribution or participation in achieving the overall goals of the activity, reflected in the individual plans of the employee, is determined.

Individual plans are one of the methods of scientific organization of labor of employees of the local administration, contributing to the effective use of working time, determining the main and secondary areas of activity and preventing the performance of unnecessary functions. Individual plans are drawn up for a quarter, month, week, next day.

Coordinating and advisory bodies (board, permanent meeting, working groups), formed in the administration, plan their activities independently in accordance with the provisions on them.

Topic 14. Financial and economic foundations of local self-government

The financial and economic foundations of local self-government are understood as a set of legal norms that consolidate and regulate social relations associated with the formation and use of municipal property, local budgets and other local finances in the interests of the population of the municipality. When forming the financial and economic foundations of local self-government, the following principles are used:

1) the principle of sufficiency of municipal resources;

2) the principle of limited resources by the territory of the municipality;

3) the principle of infrastructural integrity;

4) the principle of balancing the local budget;

5) the principle of financial and economic independence of local governments, etc.

The principles of financial and economic independence are enshrined in the European Charter of Local Self-Government (Article 9), in the Constitution (Articles 12, 130, 132), in the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Organizing Local Self-Government in Russian Federation" (hereinafter in this chapter - the Law on Local Self-Government of 2003). According to these normative acts, local governments have the right to independently manage municipal property and local budgets, and the financial resources of local authorities must be commensurate with their powers.

According to the Law on Local Self-Government 2003 (art. 49) economic basis Local self-government consists of property in municipal ownership, funds of local budgets, as well as property rights of municipalities. The Civil Code of the Russian Federation (Article 215) defines municipal property as property owned by urban, rural settlements and other municipalities.

According to the Law on Local Self-Government of 2003 (Article 50), municipalities may own:

1) property intended for resolving issues of local importance (for example, property intended for electricity, gas and water supply to the population; public roads; housing stock; passenger transport; land plots; isolated water bodies on the territory of the municipality, etc.). P.);

2) property intended for the implementation of certain state powers transferred to local governments;

3) property intended to support the activities of bodies and officials of local self-government, municipal employees, employees of municipal enterprises and institutions.

The most common ways of forming municipal property in modern conditions are:

a) municipalization (transfer, free of charge or for redemption, of property from state and private ownership to municipal ownership);

b) purchase (acquisition on a cost basis);

c) donation;

d) construction of new facilities;

e) transfer by court decision;

f) seizure of ownerless objects, etc.

Municipal property is recognized and protected by the state along with other forms of ownership. Local self-government bodies, on behalf of the municipality, own, use and dispose of municipal property. According to the current legislation, local governments have the right to transfer municipal property for temporary or permanent use to individuals and legal entities, state authorities and local governments of other municipalities, alienate property and make other transactions. Local self-government bodies can create municipal enterprises and institutions, participate in the creation of business companies, including inter-municipal ones.

Currently, the following types of unitary enterprises are being created and operate in the Russian Federation:

1) unitary enterprises based on the right of economic management (municipal enterprise);

2) unitary enterprises based on the right of operational management (municipal state enterprise).

According to the Civil Code of the Russian Federation, a unitary enterprise is liable for its obligations with all its property. A unitary enterprise shall not be liable for the obligations of the owner of its property (municipal formation). A municipal entity shall not be liable for the obligations of a municipal enterprise, except in cases where the insolvency (bankruptcy) of such an enterprise is caused by the owner of its property. Municipal enterprises bear subsidiary liability for the obligations of their state-owned enterprises if their property is insufficient. Revenues from the use of municipal property go to the local budget.

financial basis local self-government are the financial resources of the municipality, which are based on the local budget. The local budget is the budget of the municipality, the formation, approval and execution of which is carried out by local governments. Each municipality has its own budget. The budget of the municipal district and the set of budgets of the settlements that are part of the municipal district constitute the consolidated budget of the municipal district.

According to the Budget Code of the Russian Federation, local budget revenues are funds received free of charge and irrevocably in accordance with the legislation of the Russian Federation at the disposal of local governments. Accordingly, own revenues are tax and non-tax payments assigned to local budgets in whole or in part on an ongoing basis by federal laws or laws of the constituent entities of the Russian Federation, as well as introduced by representative bodies of local self-government in accordance with the legislation of the Russian Federation and sent to local budgets.

The Law on Local Self-Government of 2003 (Article 55) refers to the own revenues of local budgets:

1) means of self-taxation of citizens (one-time payments of citizens made to resolve specific issues of local importance, the amount of which is set in absolute terms equal to all residents of the municipality, with the exception of certain categories of citizens, the number of which cannot exceed 30% of the total number);

2) income from local taxes and fees (currently this is a tax on the property of individuals and land tax);

3) income from regional taxes and fees;

4) income from federal taxes and fees;

5) gratuitous transfers from the budgets of other levels (subsidies for equalizing budgetary security);

6) income from property in municipal ownership;

7) part of the profits of municipal enterprises;

8) fines;

9) voluntary donations;

10) other receipts in accordance with the current legislation.

The composition of local budgets' own revenues also includes subventions provided, for example, to resolve issues of local importance of an intermunicipal nature, for the exercise by local governments of certain transferred state powers. In addition, subsidies can be transferred to the local budget - budget funds from another level of the budget system of the Russian Federation on the terms of shared financing of targeted expenses. According to the current legislation, in order to provide local budgets with subsidies from a higher level, the following can be created:

a) regional and district funds for financial support of urban and rural settlements (to equalize budgetary security);

b) a municipal development fund as part of a constituent entity of the Russian Federation (for the implementation of investment projects);

c) fund for co-financing social expenses;

d) federal and regional compensation funds for the exercise of certain state powers transferred to local governments.

The expenditure part of the local budget provides for the following types of expenses:

1) to resolve issues of local importance;

2) to exercise certain state powers delegated to local government bodies;

3) to repay debt on municipal loans and advances;

4) for remuneration of deputies of the representative body of the municipality, elected officials of local government, municipal employees, employees of municipal enterprises and institutions;

5) allocations for insurance of municipal property and municipal employees;

6) other expenses provided for by the charter of the municipality.

Violation of the principle of balance of the local budget generates its deficit. The main sources of financing the local budget deficit at present are: municipal loans, carried out by issuing securities on behalf of the municipality, and loans received from credit organizations. According to the Budget Code of the Russian Federation (Article 100), the debt obligations of the municipality are repaid within the terms determined by the terms of borrowing and cannot exceed 10 years.

In this regard, it should be noted that the Law on Local Self-Government of 2003 (Article 75) provides for the possibility of carrying out the "bankruptcy of the municipality": if the debts of the municipality exceed 30% of its own income, then, based on the decision of the arbitration court, a temporary financial administration.

The 2003 Law on Local Self-Government prescribes in more detail the issues of financial support for the activities of local self-government bodies. One of the most important points is the ban on the so-called "unfunded mandates", that is, the transfer to municipalities of certain state powers that are not provided with the necessary financial and material resources. At the same time, the "regime of negative transfers" is preserved, according to which the municipality, the level of budgetary security of which is at least twice the average level for the constituent entity of the Russian Federation, will have to allocate part of the income to the regional fund for financial support of settlements next year.

Thus, recognition and guarantee by the state of local self-government presupposes that the state assumes certain obligations to create the necessary economic, financial and other conditions and prerequisites for the development of local self-government. In this regard, public authorities exercise the following powers:

1) regulate by law the procedure for transferring state property into municipal ownership;

2) transfer to local authorities the material and financial resources necessary for the implementation of certain state powers;

3) ensure the balance of minimum local budgets;

4) adopt targeted programs for the development and support of local self-government.

The importance of the financial and economic foundations of local self-government is currently very high. It is the financial and economic foundations that ensure the economic independence of local governments, serve to meet the needs of the population, and contribute to the socio-economic development of the municipality.

Topic 15. Associations of municipalities as a form of inter-municipal cooperation

In order to increase the efficiency of the activities of local self-government bodies, coordinate and combine efforts in solving joint problems, municipalities have the right to create associations in the form of associations or unions. Accordingly, municipalities independently consider and decide on the need to unite with each other and on the forms of this association.

Currently, there are several types of associations of municipalities in the Russian Federation:

a) all-Russian unions (for example, the Union of Russian Cities, the Union of Small Towns of Russia);

b) interregional associations (Association of Siberian and Far Eastern Cities, Association of Cities of the South of Russia, etc.);

c) regional centers (Association of Cities of the Irkutsk Region, Association of Cities of the Leningrad Region, etc.);

d) specialized associations (Association of closed administrative-territorial formations of the Ministry of Defense of Russia, etc.).

According to Art. 66 of the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation" (hereinafter in this chapter - the Law on Local Self-Government of 2003), a council of municipalities is formed in each subject of the Russian Federation. The organization and activities of the councils of municipalities of the subjects of the Russian Federation will be carried out in accordance with the requirements of the Federal Law of January 12, 1996 No. 7-FZ "On Non-Commercial Organizations" (hereinafter referred to as the Law on Non-Commercial Organizations). In accordance with the said Law, the registration of councils of municipalities will be carried out by the justice authorities of the constituent entity of the Russian Federation. The status and powers of associations of municipalities will be determined by constituent documents (for example, charters of councils of municipalities), councils of municipalities will not be able to independently expand their competence or receive powers from local governments.

The Law on Local Self-Government of 2003 (Article 66) defines the competence of the congress of the council of municipalities of a constituent entity of the Russian Federation. As the highest governing body, it:

1) approves the charter of the council of municipal formations of a constituent entity of the Russian Federation;

2) determines the amount and procedure for paying membership fees for the activities of the council of municipal formations of a constituent entity of the Russian Federation and the maintenance of the governing bodies of the council of municipal formations;

3) elects the governing bodies of the council of municipalities of the constituent entity of the Russian Federation;

4) exercises other powers determined by the charter of the council of municipal formations of a constituent entity of the Russian Federation.

The council of municipal formations has no right to interfere in the activities of municipal formations and to restrict it. The Council of Municipalities is called upon to carry out inter-municipal cooperation on the territory of a constituent entity of the Russian Federation, to represent and protect the interests of municipalities in the state authorities of a constituent entity of the Russian Federation, to participate in legislative work at the regional level, to organize joint economic activities, to exchange experience and information, to participate in the implementation of regional programs, etc. . P.

According to the Law on Local Self-Government of 2003 (Article 67), at the all-Russian level, councils of municipalities of constituent entities of the Russian Federation will be able to form a single all-Russian association of municipalities. In contrast to the existing diversity of associations and unions of an all-Russian and interregional nature, it is planned to create a single all-Russian association. This association will be valid if it includes councils of municipalities of at least 2/3 of the constituent entities of the Russian Federation.

The Law on Local Self-Government of 2003 (Article 67) defines a fundamentally new competence of the All-Russian Association of Municipalities, in particular, it has the right to submit proposals on the composition of candidates for representatives of the Russian Federation in the Chamber of Local Authorities of the Congress of Local and Regional Authorities of Europe (CLRAE).

The Congress of Local and Regional Authorities of Europe, as an advisory body of the Council of Europe representing local and regional authorities, was established in 1994. The main objectives of the CLRAE are as follows:

1) ensuring the participation of local and regional authorities in the implementation of the ideal of European unity, as well as representation and active involvement in the work of the Council of Europe;

2) submission to the Cabinet of Ministers of proposals aimed at the development of local and regional legislation;

3) development of cooperation between local and regional authorities;

4) maintaining, within the scope of its competence, contacts with international organizations within the framework of the general policy of external relations of the Council of Europe;

5) work in close cooperation with the national democratic associations of local and regional authorities, on the one hand, and with European organizations representing local and regional authorities of the member states of the Council of Europe, on the other hand.

The CLRAE conducts current work in five committees: the Committee for Social Policy, the Committee for Culture and Education, the Committee for Sustainable Development, the Institutional Committee, and the Standing Committee. The main form of activity of the CLRAE is the annual plenary sessions held in Strasbourg, in which the national delegations of the member states of the Council of Europe take part.

Russia has been participating in CLRAE sessions since 1996, since its entry into the Council of Europe. At the Congress, the Russian Federation is represented by 36 people: nine representatives in the Chamber of Local Authorities and nine in the Chamber of Regions, as well as nine deputies in each of the chambers. The procedure for presenting candidates for representatives of the Russian Federation in the Chamber of Local Authorities is determined by the Decree of the President of the Russian Federation, and the number of members for two years is fixed by the Decree of the President of the Russian Federation of May 22, 2006 No. 227-rp "On approval of the composition of the delegation of the Russian Federation to participate in the Congress of Local and Regional European authorities in 2006-2008".

The unified all-Russian association of municipalities is designed to promote the development of inter-municipal cooperation, and, accordingly, it has no right to interfere, restrict and control the activities of municipalities and their associations. The ban on the intervention of the all-Russian association of municipalities in the activities of municipalities and their councils, associations and unions is intended to ensure the principle of independence of local self-government in the Russian Federation.

Representative bodies of local self-government can also create inter-municipal economic societies and non-profit organizations of municipalities in the form of autonomous non-profit organizations and foundations (Articles 68, 69 of the 2003 Law on Local Self-Government).

According to the Law on Non-Commercial Organizations, a non-commercial organization is understood as an organization that does not have profit making as the main goal of its activities and does not distribute the profit received among its participants. The above law defines an autonomous non-profit organization as a non-profit organization without membership, established on the basis of voluntary property contributions for the purpose of providing services in the field of education, healthcare, culture, science, law, physical culture and sports and other services. The creation of the fund also pursues social, charitable, cultural and other socially useful goals.

The creation of a non-profit organization is carried out by decision of the founders (in this case, representative bodies of local government). A non-profit organization is considered created only from the moment of its registration with the relevant authorities. The Law on Non-Profit Organizations (Article 14) contains a list of constituent documents (charter, constituent agreement, decision to create a non-profit organization) that must be registered with the justice authorities. The constituent documents of a non-profit organization must define:

1) the name of the non-profit organization, containing an indication of the nature of its activities and legal form;

2) location of the non-profit organization;

3) the procedure for managing activities;

4) the subject and goals of the activity;

5) information about branches and representative offices;

6) rights and obligations of members;

7) conditions and procedure for admission to membership of a non-profit organization and withdrawal from it (if the non-profit organization has membership);

8) sources of formation of property;

9) the procedure for making changes to the constituent documents;

10) the procedure for using property in the event of liquidation of a non-profit organization, etc. The charter of the foundation must additionally contain a name that includes the word “fund”.

Both an autonomous non-profit organization and a foundation have the right to carry out business activities that correspond to the specified goals. The Federal Law “On Non-Profit Organizations” provides for the following as financial resources of non-profit organizations:

1) regular and one-time income from the founders;

2) voluntary property contributions and donations;

3) revenue from the sale of goods, works and services;

4) dividends received on shares, bonds and other securities;

5) income received from the property of a non-profit organization;

6) other receipts not prohibited by law.

The supreme governing body of a non-profit organization is the general meeting of members, which has exclusive competence (for example, the adoption and amendment of the charter of the organization; determination of priority areas of activity; formation of executive bodies; creation of branches and representative offices; approval of the financial plan, annual report and balance sheet; participation in other organizations; reorganization and liquidation of the organization). The current management of a non-profit organization is carried out by the executive body (collegial or sole), and control over entrepreneurial activity is carried out by the audit commission. In case of liquidation of a non-profit organization, a liquidation commission is created.

Liquidation of a non-profit organization is carried out by decision of 2/3 of the members of the general meeting (self-dissolution) and by decision of the relevant court. In accordance with the Law on Non-Profit Organizations, if a non-profit organization is issued more than two warnings about violation of the legislation of the Russian Federation by a regulatory authority, the non-profit organization can be liquidated by a court decision.

According to Art. 119 of the Civil Code of the Russian Federation, a non-profit organization (in this case, a foundation) is liquidated by court in the following cases:

1) if the fund’s property is insufficient to achieve its goals and the likelihood of obtaining the necessary property is unrealistic;

2) if the goals of the fund cannot be achieved and the necessary changes to the goals of the fund cannot be made;

3) in case the foundation deviates in its activities from the goals provided for by the charter;

4) in other cases provided for by law.

The Law on Local Self-Government of 2003, for the first time at the federal level, makes an attempt to streamline and systematize the various associations and unions of local authorities that have spontaneously formed to date. The federal legislator carries out a consistent division of associations of municipalities by levels of power and classifies them according to the forms of economic activity of intermunicipal societies. Legal regulation of the creation and activities of associations of municipalities will allow in practice to more effectively implement inter-municipal cooperation.

Authors: Natalia Gegedyush, Maxim Mokeev, Elena Maslennikova

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Medical statistics. Lecture notes

▪ Accounting financial accounting. Crib

▪ Financial management. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

Artificial leather for touch emulation 15.04.2024

In a modern technology world where distance is becoming increasingly commonplace, maintaining connection and a sense of closeness is important. Recent developments in artificial skin by German scientists from Saarland University represent a new era in virtual interactions. German researchers from Saarland University have developed ultra-thin films that can transmit the sensation of touch over a distance. This cutting-edge technology provides new opportunities for virtual communication, especially for those who find themselves far from their loved ones. The ultra-thin films developed by the researchers, just 50 micrometers thick, can be integrated into textiles and worn like a second skin. These films act as sensors that recognize tactile signals from mom or dad, and as actuators that transmit these movements to the baby. Parents' touch to the fabric activates sensors that react to pressure and deform the ultra-thin film. This ... >>

Petgugu Global cat litter 15.04.2024

Taking care of pets can often be a challenge, especially when it comes to keeping your home clean. A new interesting solution from the Petgugu Global startup has been presented, which will make life easier for cat owners and help them keep their home perfectly clean and tidy. Startup Petgugu Global has unveiled a unique cat toilet that can automatically flush feces, keeping your home clean and fresh. This innovative device is equipped with various smart sensors that monitor your pet's toilet activity and activate to automatically clean after use. The device connects to the sewer system and ensures efficient waste removal without the need for intervention from the owner. Additionally, the toilet has a large flushable storage capacity, making it ideal for multi-cat households. The Petgugu cat litter bowl is designed for use with water-soluble litters and offers a range of additional ... >>

The attractiveness of caring men 14.04.2024

The stereotype that women prefer "bad boys" has long been widespread. However, recent research conducted by British scientists from Monash University offers a new perspective on this issue. They looked at how women responded to men's emotional responsibility and willingness to help others. The study's findings could change our understanding of what makes men attractive to women. A study conducted by scientists from Monash University leads to new findings about men's attractiveness to women. In the experiment, women were shown photographs of men with brief stories about their behavior in various situations, including their reaction to an encounter with a homeless person. Some of the men ignored the homeless man, while others helped him, such as buying him food. A study found that men who showed empathy and kindness were more attractive to women compared to men who showed empathy and kindness. ... >>

Random news from the Archive XNUMXD water vapor screen 18.04.2014 Scientists and engineers at the University of Bristol have developed an original desktop display that uses water mist instead of a screen. The display is capable of displaying XNUMXD shapes and could change the way humans and computers interact. The resolution of the "fog screen" is not high, but it has great potential and is still easier to implement and use than immersive virtual reality technologies. The new screen is a suspension of tiny drops of water in the air, onto which a three-dimensional or flat image is projected using a projector. Users can not only look at the picture, but also rotate it, drag it, "pass" it to each other with simple hand movements. The screen allows you to display two-dimensional images, while the absence of obstacles for hands facilitates interaction with the picture. The table itself is a simple structure, consisting of a fog machine (water tank and fans), a projection screen, video cameras and projectors that create a kind of interactive whiteboard on the surface of the table. This board demonstrates two-dimensional images that can be "pulled out" from the screen and "hung" in the air - that is, use the projection on the water mist. The developers note that their screen facilitates the collaboration of several people who have to exchange various data in the form of tables and three-dimensional images. Users can see each other's activities and quickly communicate the necessary information. Switching between individual and group work is also significantly accelerated. Such opportunities can be useful to the military or employees of emergency response headquarters. The new desktop display will be presented at the end of April at the international conference ACM CHI 2014.

Other interesting news:

▪ Ancient fresco

▪ Bilingualism improves perception of information and attentiveness

▪ Sony stops production of CRT TVs in Japan

▪ Birch against cholesterol

▪ Space scavengers on ion engines

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Power supply. Article selection

▪ Wiener Norbert article. Biography of a scientist

▪ article When was Buckingham Palace built? Detailed answer

▪ article Kuril tea. Legends, cultivation, methods of application

▪ article Power Amplifiers. Part one. Encyclopedia of radio electronics and electrical engineering

▪ article Electrolyte level indicator in a car battery. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages ​​of this page

Arabic	Hebrew	Polish
Bengali	Hindi	Portuguese
Chinese	Italian	Spanish
English	Japanese	Turkish
French	Korean	Ukrainian
German	Malay	Vietnamese

Home page | Library | Articles | Website map | Site Reviews

www.diagram.com.ua
2000-2024