State and municipal administration. Legal foundations of local self-government (most important)

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State and municipal administration. Legal foundations of local self-government (most important)

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38. Legal basis of local self-government

The legal regulation of local self-government in Russia is within the jurisdiction of the subjects of the Federation. The joint jurisdiction of the Federation and the constituent entities of the Russian Federation includes only the establishment of general principles for the system of local self-government (clause "i" of Article 7 of the Constitution of the Russian Federation). In accordance with this, the Federation has the right to issue laws on the general principles of local self-government. Local self-government is regulated by the laws of the constituent entities of the Russian Federation and the charters of the municipalities themselves.

Legal basis of local self-government is a set of various normative legal acts and individual legal norms regulating issues of local self-government.

The composition of the legal basis of local self-government in Russia includes international legal norms contained in acts of international law.

The composition of the legal basis of local self-government in Russia also includes provisions contained in other legal acts: in the Constitution of the Russian Federation (Article 12, Chapter 8, etc.); the fundamental laws (constitutions, charters) of the constituent entities of the Russian Federation; federal laws; decrees of the President of the Russian Federation; resolutions of the Government of the Russian Federation; decisions of the Constitutional Court of the Russian Federation.

The legal framework of local self-government may include the provisions of federal legal acts and acts of the constituent entities of the Russian Federation, which generally relate to other areas of regulation, but include certain norms affecting local self-government issues.

A special place among the sources of municipal law is occupied by the charters of municipalities and the European Charter of Local Self-Government of 1985.

Charter - this is the constituent document of the municipality, which has a comprehensive character for this entity, which is the basis of municipal rule-making and is characterized by a special (complicated) procedure for adoption and change.

European Charter of Local Self-Government - an international document, but in 1998 it was ratified by Russia (approved for itself) and thus became a source of domestic law in Russia.

When regulating the powers of bodies of municipalities, it is used principle of subsidiarity, in application to the delimitation of the subjects of jurisdiction of the state and state entities, on the one hand, and municipalities, on the other. It means that issues that can be resolved at the lower level should not be transferred to the upper level, municipal bodies are given tasks that citizens' associations cannot cope with through the use of self-organization, other forms of direct democracy. There are other interpretations of the principle of subsidiarity. They have their own characteristics (for example, in constitutional and international law, when the emphasis is on assistance, support in solving common problems, unless such assistance is hindered by the Constitution and the branch of government to which assistance is provided does not object).

Author: Konstantin Sibikeev

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