State and municipal administration. The concept of the organizational foundations of local self-government (the most important)

Lecture notes, cheat sheets
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State and municipal administration. The concept of the organizational foundations of local self-government (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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39. The concept of the organizational foundations of local self-government

For the first time, the term "fundamentals of local self-government" was introduced by the Federal Law of January 11, 1995 No. 4-FZ "On the Accounts Chamber of the Russian Federation" in connection with the need to organize the activities of the population for the implementation of local self-government.

Under the basics of local self-government one should understand the economic, social, financial, legal and other opportunities and conditions that have developed in society, the totality of which forms the basis on which the entire system of local self-government is built, municipal power is exercised.

The most important condition for the effectiveness of local self-government is its organizational foundations, with the help of which, at the municipal level, the formation and organization of the practical work of various local self-government bodies, the coordination of their activities, as well as their interaction with state authorities.

The organizational foundations, being an institution of municipal law, are a set of municipal legal norms-principles, the adoption of which, in accordance with the Constitution of the Russian Federation, is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

The organizational foundations must correspond to the goals and tasks assigned to the bodies of the municipality, expressed mainly in their competence. At the same time, the foundations must correspond to the level of development both in the country as a whole and in a single municipality.

The organizational foundations of local self-government are Set of norms, enshrined in the Constitution of the Russian Federation, federal legislation and the legislation of the constituent entities of the Russian Federation, establishing:

1) the system of local governments (general principles of its formation);

2) general principles for the formation of the structure of local governments;

3) the basics of the organization of the municipal service;

4) features of the organization of self-government in different types of municipalities and in territories with a special administrative-legal regime.

Unlike the economic foundations, the organizational foundations of the Law of October 6, 2003 No. 131-FZ "On the general principles of organizing local self-government in the Russian Federation" do not make a separate chapter, since the norms that collectively make up the organizational foundations of local self-government are found in all chapters Law.

Author: Konstantin Sibikeev

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