FZ dated 28.08 1995 general principles. E. S. Shugrina Municipal Law of the Russian Federation. Birth number for women

State Duma

Concretizing on the basis of the Constitution of the Russian Federation The principle of independence of local self-government, as well as its competence, the Federal Law "On the General Principles of Local Self-Government Organization in the Russian Federation" refers to the management of municipalities Content and use of the municipal residential fund and creating conditions for housing construction (subparagraphs 5 and Article 6, paragraph 2). At the same time, issues of criminal executive legislation, the part of which is the legal status of the bodies and employees of the penitentiary system, by virtue of Article 71 (clause "O") of the Constitution of the Russian Federation refer to the maintenance of the Russian Federation. In the development of the constitutional provisions, the Law of the Russian Federation "on institutions and bodies performing criminal penalties in the form of imprisonment", given the special conditions of employees of the criminal executive system, establishes guarantees of their legal and social protection. One such guarantee is the procedure for providing employees of a criminal executive system by residential area provided for Article 35 of the above law.

resolution of the Congress of People's Deputies of the Russian Federation "On Heads of Administrations" (Vedomosti Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1992, No. 51, Art. Zoyu);

Law of the Russian Federation "On the procedure for appointing a position and liberation from the post of head of the regional, regional, autonomous region, an autonomous district, the city of federal importance, district, urban, district in the city, settlement, rural administration" (Vedomosti Congress of People's Deputies of the Russian Federation and Supreme Council of the Russian Federation, 1993, № 16, Art. 561) in terms of appointment and liberation from the post of regional, urban, district in the city, settlement, rural administration.

^ Article 55. On the introduction of legal acts in accordance with this Federal Law

Suggest to the President of the Russian Federation, the Government of the Russian Federation, the state authorities of the constituent entities of the Russian Federation to bring their legal acts in line with this Federal Law within three months from the date of its entry into force.

Regulatory legal acts in the Russian Federation before bringing them into line with this Federal Law apply to a part that is not contrary to this federal law.

^ Article 56. On the application of certain provisions of the Law of the Russian Federation "On Local Self-Government in the Russian Federation"

1. Articles 49-76 of the Law of the Russian Federation "On Local Self-Government in the Russian Federation" (Vedomo-

^ Table continuation

Federal Law of October 6, 2003 No. 131-FZ - "On the General Principles of the Organization of Federation Places" (as amended on February 15, 2006)

"On Amendments and Additions to Some Legislative Acts in connection with the adoption of the RSFSR Law" On the Far Plata "\u003e and the Tax Legislation of Russia" (Vedomosti Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, №21, Art. 748) ;

1995 No. 154-FZ "On General Principles
cips of the organization of local self-
management in the Russian Federation "
(Meeting of the legislation of the Russian
federation, 1995, No. 35, Art. 3506);

1996 No. 38-FZ "On the introduction of
in the federal law "On
principles of local organization
self-government in the Russian Federation
radio "(legislation collection
Of the Russian Federation, 1996, № 17,

1996 No. 141-FZ "On the introduction of
full of federal law "On

self-government in the Russian

russian Federation, 1996,

No. 49, Art. 5500);

1997 No. 55-FZ "On the introduction of
fulfills in the federal law "On
general principles of the organization
self-government in the Russian
Federation "(meeting of legislation
russian Federation, 1997,
№12, Art. 1378);

Federal Law of September 25, 1997 No. 126-FZ "On the financial foundations of local governments in the Russian Federation" (Meeting of the legislation of the Russian Federation, 1997, No. 39, Art. 4464);

Federal Law of August 4, 2000 No. 107-FZ "On Amendments and Additions to Federal

^ Federal Law of August 28, 1995 No. 154-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" (as amended on July 21, 2005)

create People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, No. 29, Art. 1010; Vedomosti Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 46, Art. 2618; 1993, No. 21, Art. 748) Applied per hour -th, not contrary to the Constitution of the Russian Federation and the present Federal Law, before the laws of the laws of the municipalities of the Russian Federation adopted by the constituent entities of the Russian Federation.

The powers of local governments provided for by articles of the Law of the Russian Federation "On Local Self-Government in the Russian Federation" specified in paragraph 1 of this article, in a part not contrary to this Federal Law, are carried out by the relevant bodies of local self-government and officials of local self-governing (elected, appointed) in accordance with this Federal Law.

Articles 80-86 of the Law of the Russian Federation "On Local Self-Government in the Russian Federation" (Vedomosti Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, No. 29, Article 1010; Vedomosti Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, no 46, Art. 2618; 1993, No. 21, Art. 748) are applied in a part that does not contradict the Constitution of the Russian Federation and the present Federal Law, before the adoption of the laws of the Russian Federation on the regulation of local self-government in the forms provided for in Articles 24.27 of this Federal law.

^ Federal Law of October 6, 2003 No. 131-FZ

law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" (Meeting of the legislation of the Russian Federation, 2000, No. 32, Art. 3330);

13) Clause 1 of Article 1 of the Federal
kona dated June 18, 2001 No. 76-FZ
"On Amendments to Some
legislative acts of Russian
Federation "(meeting of legislation
russian Federation, 2001,

No. 26, Art. 2580);

14) paragraphs 3 and 15 of Article 2 of the Federal
law of March 21, 2002
No. 31-FZ "On bringing the law
actual acts in line with
rally "On State
registration of legal entities "(
russian legislation

Federation, 2002, No. 12, Art. 1093).

2. Legislative acts and their structural units specified in paragraph 1 of this article, from the date of the official publication of this Federal Law, and before its entry into force apply to the part that does not contradict the provisions of this chapter.
^ Federal Law of August 28, 1995 No. 154-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" (as amended on July 21, 2005)

Article 57. Temporary legal regulation of individual relations provided for by this Federal Law

In the future, before the adoption of the laws of the Russian Federation, the laws provided for in this Federal Law, the issues to be regulated by the laws of the constituent entities of the Russian Federation, with the exception of these Federal Law, paragraphs 1, 2 may be regulated by the charters of municipalities adopted in accordance with the Constitution of the Russian Federation and the present Federal law.

In case of municipality, the representative body of local government is not formed, the local referendum can be appointed by the head of the local administration (the head of local self-government) at the request of citizens in the amount of at least 5 percent of the number of voters of the municipality. The local referendum in this case is carried out in accordance with the law of the constituent entity of the Russian Federation, and in the absence of such a law - in accordance with legal acts adopted by the head of the local administration (head of local self-government).

In order to ensure the constitutional rights of citizens of the Russian Federation, temporary rules may be established by local government that regulate the legal relations related to this Federal Law to the maintenance of constituent entities of the Russian Federation, and in the event that laws and other regulatory legal acts of legislative (representative) bodies state power of the constituent entities of the Russian Federation

^ Table continuation

^ Article 84. Features of the implementation of local self-government in the transition period

1. Election of local authorities
management officials
self-government in municipal
formations formed to
entry into force of this chapter
are carried out in the manner and deadlines
new to the charters of the specified municipality
cipal formations for excluding
cases:

changes in the boundaries of the municipality in the manner prescribed by part 3 of this article, which led to an increase in the number of voters of municipality by more than 10 percent; transformation of the municipality in the manner prescribed by part 3 of this article; extension or reduction by the law of the constituent entity of the Russian Federation or regulatory legal act of the local government of the term of authorities of local governments and elected officials of local self-government in order to combine the voting day in the elections of these bodies and officials on the day of voting in other elections in the manner prescribed by the Federal Law June 12, 2002 No. 67-FZ "On the basic guarantees of electoral rights and the rights to participate in the referendum of the citizens of the Russian Federation".

In cases specified in paragraphs, the second and third of the present part, the formation of local governments is made in the manner established by Article 85 of this Federal Law.

2. Local governments
and officials of the local self-
management elected before joining
due to this chapter, as well as

^ Federal Law of August 28, 1995 No. 154-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" (as amended on July 21, 2005)

the legal relationship is not settled. Temporary rules are valid until the entry into force of the norms, which are established by laws and other regulatory legal acts of legislative (representative) state authorities of the constituent entities of the Russian Federation and regulate legal relations in the field of local self-government, referred to the maintenance of the constituent entities of the Russian Federation.

4. In order to ensure the constitutional rights of citizens of the Russian Federation, temporary rules may be established by the local government that regulate the legal relations attributed to this Federal Law to Municipal Education, and in the event that the charters of municipalities and adopted in accordance with the charters of the municipal Educations with regulatory legal acts of local governments These legal relations are not resolved. Temporary norms are valid until the entry into force of the norms, which are established by the charters of municipalities and adopted in accordance with the charters of municipal entities by regulatory legal acts of local governments and regulate legal relations in the field of local self-government, related to the management of municipalities.
^ Article 58. Conducting elections of representative bodies of local self-government and officials of local self-government and their term

1. Elections of representative bodies of local governments in municipalities, as well as

^ Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" (as amended on February 15, 2006)

in accordance with paragraph, the first part 1 of this article in accordance with paragraph, since January 1, 2006, authorized to address the issues of local importance in accordance with this Federal Law, taking into account the status of the relevant municipality established by the law of the constituent entity of the Russian Federation.

The requirements of Article 35 of this Federal Law on the number of deputies of representative bodies of municipalities are applied to these authorities, the date of elections of which is appointed after the entry into force of this chapter. In the event that the provisions of the charter of the municipality that determine the number of deputies of the representative body of the municipality are not in line with the requirements of Article 35 of this Federal Law, then when conducting elections appointed after the entry into force of this chapter, the number of deputies must correspond to the minimum number of representatives of the representative The authority of the municipality established by Article 35 of this Federal Law. Requirements of articles 36 and 37 of this Federal Law on the procedure for election (appointment) and the powers of chapters of municipalities (heads of local administrations) are applied after the term of office of heads of municipalities (heads of local administrations), selected (designated) before the entry into force of this chapter. Positions of parts 6-8 of article 35, parts 2 and 3 of Article 36, parts 2-6 of article 37 of this Federal Law are also applied in the event that the charter of the municipality is adopted at the local referendum or if

^ Table continuation

№ 154-FZ "On General Principles of Organization No. 131-FZ" On General Principles of Organization

local governments in the Russian Federation »Local Government in the Russian Federation»

officials of local governments are held no later than sixteen months from the date of entry into force of this Federal Law in the manner prescribed by Articles 15 and 16 of this Federal Law, with the exception of local governments and officials of local self-government specified in paragraph 1 of Article 59 of this Federal Law. The numerical composition of representative bodies of local self-government in these cases is established by the legislative (representative) authority of the subject of the Russian Federation.

2. The term of office of deputies of representative bodies of local self-government, elected officials of local self-government in this case are calculated from the moment the eligibility of the representative body of local self-government, the elected official of the local self-government.

Article 12. Note that local governments

Federal Law of August 4, 2000 N 107-ФЗ paragraph of paragraph 1 of paragraph 1 of Article 12 of this Federal Law set forth in the new edition

See paragraph text in the previous editorial board

1. Local government is carried out throughout the Russian Federation in urban, rural settlements and other territories. It should be noted that the territories of municipalities are cities, towns, villages, districts (counties), rural districts (volosts, village councils) and other municipalities - are established in ςᴏᴏᴛʙᴇᴛςᴛʙi with federal laws and laws of the constituent entities of the Russian Federation, taking into account historical and other local traditions.

To protect the constitutional system, ensuring the defense of the country and the security of the state, restriction of citizens' rights to carry out local governments in certain territories by federal law is allowed.

The population of urban, rural settlement, regardless of its number, may not be deprived of the right to carry out local self-government.

Federal Law of March 17, 1997 N 55-FZ, paragraph 1 of Article 12 of this Federal Law, supplemented by paragraph fourth

At the internal territories of Moscow and St. Petersburg cities and St. Petersburg, local governments are carried out while maintaining the unity of urban economy in ςᴏᴏᴛʙᴇᴛςᴛʙi with the charters and the laws of the constituent entities of the Russian Federation - cities of the federal significance of Moscow and St. Petersburg. The population of urban settlements, which are part of the constituent entities of the Russian Federation - cities of the federal significance of Moscow and St. Petersburg, can not be deprived of the right to carry out local self-government.

2. We note that the territory of the municipal formation is the land of urban, rural settlements, adjacent to the lands of common use, recreational zones, land necessary for the development of settlements, and other lands within the boundaries of the municipality, regardless of the forms of ownership and purpose.

3. Questions about education, association, about the transformation or on the abolition of intracity municipalities, the establishment or change of their territories are resolved taking into account the opinion of the population of the territory by the representative body of the local government of the city independently in ςᴏᴏᴛʙᴇᴛςᴛʙi with the statute of the city.

Federal Law of March 17, 1997 N 55-FZ clause 3 of Article 12 of this Federal Law complemented by paragraph second

In the constituent entities of the Russian Federation - the cities of the federal significance Moscow and St. Petersburg, the union or transformation of intracity municipalities, the establishment or change of their territories is carried out by the laws of the constituent entities of the Russian Federation - cities of the federal significance of Moscow and St. Petersburg in ςᴏᴏᴛʙᴇᴛςᴛʙi with their charters and taking into account the opinion of the population territories.

See comment on Article 12 of this Law

Article 13. Establishment and change of borders of the municipality

1. Establishment and change of the boundaries of the municipality, incl. When forming, association, transformation or abolition of municipalities, is carried out taking into account historical and other local traditions on the initiative of the population, local governments, as well as state authorities of the constituent entity of the Russian Federation.

2. The change in the boundaries of the municipality is not allowed without taking into account the opinion of the population of the territories. Legislative (representative) bodies of state authorities of the constituent entities of the Russian Federation establish the law of guaranteeing the opinion of the opinion of the population in solving issues of changes in the boundaries of territories, local government is carried out in Kᴏᴛᴏᴩ.

3. The procedure for education, association, transformation or abolition of municipalities, establishing and changing their borders and items is determined by the law of the subject of the Russian Federation.

See Comment on Article 13 of this Law

Federal Law of August 28, 1995 N 154-FZ
"On the general principles of organizing local self-government in the Russian Federation"

With changes and additions from:

April 22, November 26, 1996, March 17, 1997, August 4, 2000, March 21, 2002, July 7, December 8, 2003, July 21, 2005

Federal Law of October 6, 2003 N 131-FZ This federal law was recognized as invalid from January 1, 2009.

See the main provisions of the state policy in the development of local self-government in the Russian Federation, approved by the Decree of the President of the Russian Federation on October 15, 1999 N 1370

For local government issues, see the judicial practice of the Supreme Court of the Russian Federation "Some issues of judicial practice in civil cases"

This Federal Law, in accordance with the Constitution of the Russian Federation, determines the role of local self-government in the implementation of democracy, the legal, economic and financial foundations of local self-government and government guarantees of its implementation, establishes the general principles of organizing local governments in the Russian Federation.

President of Russian Federation

The role of local self-government in the implementation of democracy, as well as the legal, economic and financial bases of local self-government and government guarantees of its implementation, is established, the general principles of organizing local self-government are established. Local self-government is an independent activity of the population to address local issues. Moreover, this activity is carried out by the population directly or through local governments, based on the interests of the population, its historical and other local traditions.

The powers of the state authorities of the Russian Federation and the state authorities of the subjects of the Federation in the field of local self-government are determined. In the open list, local importance issues are enshrined, which are entitled to solve local self-government.

The economic basis of local self-government amounted to the municipal property, local finance, property in state ownership and transferred to the management of local governments, as well as other property that serves to meet the needs of the population of the municipality.

It establishes the responsibility of local governments and control over its activities.

The federal law enters into force on the day of its official publication.

Federal Law of August 28, 1995 N 154-FZ "On the General Principles of Local Government Organization in the Russian Federation"

This federal law enters into force on the day of its official publication.

This document amended the following documents:

Changes come into force from the date of the official publication of the title federal law

Federal Law of 28.08.1995 N 154-FZ (ed. From 08.12.2003) "On the general principles of organizing local governments in the Russian Federation" (adopted by the State Duma of the FS RF 08/12/1995)

On the general principles of the organization of local self-government
IN RUSSIAN FEDERATION

(as amended by federal laws
from 22.04.1996 N 38-FZ, from 11/26/1996 N 141-FZ,
dated 03/17/1997 N 55-FZ, from 04.08.2000 N 107-FZ,
from 21.03.2002 N 31-FZ, from 07.07.2003 N 123-FZ,
from 08.12.2003 N 169-FZ,
with change, submitted by the Federal Law of 06.10.2003 N 131-FZ)

Chapter I. General

——
On the refusal to accept the request for recognition of the individual provisions of Article 1, not relevant to the Constitution of the Russian Federation. Definition of the Constitutional Court of the Russian Federation of 10.04.2002 N 92-O.

——
Article 1. Basic concepts and terms

1. With regard to this federal law, concepts and terms are used in the following values:
municipal education - urban, rural settlement, several settlements, united common areas, part of the settlement, other populated area provided for by this Federal Law, within which local governments are carried out, there are municipal property, local budget and elected local governments;
local importance issues are the issues of direct provision of the life of the population of the municipality, attributed to such a charter of the municipality in accordance with the Constitution of the Russian Federation, this federal law, the laws of the constituent entities of the Russian Federation;
local referendum - voting of citizens on local importance;
local governments - elected and other bodies endowed with the authority to solve issues of local importance and non-governmental authorities;
the representative body of local self-government is the elected body of local self-government, which has the right to represent the interests of the population and accept from his behalf of the decision in force in the territory of the municipality;
the official of local self-government is an elected or contract (labor contract) person who performs organizational and administrative functions in local governments and not related to civil servants;
the electoral official of the local self-government is an official elected by the population directly or a representative body of local self-government from its composition, endowed with the authority of the municipality authority to solve local issues;
municipal property - the property of the municipality;
local taxes and fees are taxes and fees established by local governments independently;
municipal service - Professional activities on an ongoing basis in local governments to fulfill their powers.
2. The terms "municipal" and "local" and phrases with these terms apply to local governments, enterprises, institutions and organizations, property objects and other objects, the purpose of which is related to the implementation of local government functions, as well as in other cases, relating to the exercise by the population of local self-government.

Questions of population participation in local self-government: a comparative analysis of old and new federal laws »

Annotation of a scientific article on the state and law, legal sciences, the author of scientific work - Low Karina Nikolaevna

The article conducts a comparative analysis of the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" and the Federal Law of August 28, 1995 No. 154-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation "

Text of scientific work on the topic "Questions of population participation in local self-government: a comparative analysis of old and new federal laws"

Constitution of the Republic of Mari El: View of young constitutionalists

Questions of population participation in local self-government: a comparative analysis of old and new federal laws

Balina Karina Nikolaevna,

mary State Mainstrant

Keywords: local government, federal law on the general principles of the organization of local self-government, constitutional policy, forms of exercise by the population of local self-government, Federal Law No. 131-FZ.

The constitutional and legal policy of the Russian Federation is aimed at developing civil society institutions and a democratic state state. Today, local self-government is an integral part of any society, as it includes elements of the population's self-organization in solving local issues, which is ensured by the interaction of local governments with the population.

Organizational and legal guarantees for the implementation of local governments by the population of the Russian Federation are enshrined in the Constitution of the Russian Federation, 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" and other regulatory legal acts.

Before the adoption of the Federal Law No. 131-FZ in the Russian Federation, the Federal Law of August 28, 1995 No. 154-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation", which also regulated the Institute of Interaction of Local Self-Government bodies with the population.

In order to identify differences in the interaction of local governments with the population, it is necessary to analyze Federal Law No. 131-FZ and Federal Law No. 154-FZ (invaliding the force with the adoption of Federal Law No. 131-FZ). Despite the fact that both laws have a similar name, they have significant differences.

The differences appear already in determining the concept of "local self-government". In the Federal Law No. 154-ФЗ, local government is defined as "independent and responsible for the activities of the population by decision directly or through local self-government bodies of local importance, based on the interests of the population." And in the Federal Law No. 131-FZ it is said that local government in the Russian Federation is a form of implementation by the people of their authority, independent and under its responsibility

the population directly and (or) through local self-government bodies of local importance, based on the interests of the population, taking into account historical and other local traditions.

Thus, in the Federal Law of 1995, the emphasis was placed on local government as the activities of the population, and in the Federal Law 2003 - as a form of exercise by the people of his power.

The name of the head of the Federal Law No. 131-FZ, regulating the participation of the population in the implementation of local self-government, differs from the name of a similar chapter of the Federal Law No. 154-ФЗ. In the previous law, the chapter was called "the forms of direct will of citizens and other forms of implementing local government." It turned out that in this chapter we should go about all the forms of the implementation of local governments, including through local governments, although in fact there were no word about local governments. In the Federal Law No. 131-FZ, such a chapter is called "the form of directly exercising by the population of local self-government and the participation of the population in the implementation of local self-government", which corresponds to its content.

Thus, not only the names of chapters are different, but also the compliance of these titles of their content; Moreover, the Federal Law No. 131-FZ has already allocated two types of direct democracy in the title: the direct exercise by the population of local self-government and the participation of the population in the implementation of local self-government.

Forms of exercise by the population of local self-government are also distinguished. Thus, the Federal Law of 1995 provided for the following forms: a local referendum, municipal elections, a meeting (similarity) of citizens, a national law-conducting initiative, the appeal of citizens into local governments, territorial public self-government and other forms that are not contrary to the Constitution of the Russian Federation and federal law.

Federal Law No. 131-FZ was complemented by new forms of the implementation of local self-government with the population, such as:

- voting on the response of the deputy, a member of the elected body of local self-government, the elected official of local self-government, voting on the issues of changing the borders of the municipality, transformation of the municipality;

- Conference of citizens (meeting of delegates);

Also, Federal Law No. 131-FZ regulated in more detail, some forms of exercising by the population of local governments, which were provided for by the Federal Law of 1995

The local referendum and municipal elections were attributed to the forms of direct exercise by the population of local self-government, compared with Federal Law No. 154-ФЗ, the procedure for holding a local referendum, municipal elections was settled in more detail. In the Federal Law No. 154-ФЗ, it was established that the initiators of the local referendum are the population and representative body of local government, Federal Law No. 131-FZ expanded this list, including electoral associations and other public associations.

The gathering and the meeting as the form of the implementation of local self-government in the Federal Law of 1995 were fixed as synonyms, and the Federal Law 2003 divided these concepts, consolidating the gathering of citizens as an independent form. Federal Law No. 154-FZ determined only some issues of the functioning of meetings (similarity) of citizens. In the Federal Law No. 131-FZ, it was established when such a form should be applied as the gathering of citizens, and also established for what purpose meetings are held. In the Federal Law No. 154-ФЗ, nothing was said.

The most significant changes were associated with such a form of exercising by the population of local self-government, as a law-making initiative. In the Federal Law No. 154-ФЗ, this form was called "People's Agricultural Initiative". The participant of local self-government in a particular municipality was not the people, but the population. Federal Law No. 131-FZ has changed the name of this institution to the "law-conducting initiative of citizens" and significantly concretized it, having endowed the legal group of citizens with a number of no more than 3%, and in the previous law, an indefinite number of citizens possessed this right. In federal law No. 154-FZ noted that the population has the right to

legal initiative in accordance with the charter of the municipality. If the procedure was not provided in the charter, the population was deprived of this right. Also, nothing was said about the terms of consideration of the draft municipal legal act, made in the procedure for the implementation of the law-held initiative of citizens, and was not determined which body should consider it. Federal Law No. 131-FZ eliminated these shortcomings.

Amendments were also made in such a form as territorial public self-government. Federal Law No. 131-FZ retained the overall characterization of the territorial public self-government contained in the Federal Law No. 154-ФЗ, but changes were made regarding the organization. Federal Law No. 154-FZ established that the procedure for the organization and implementation of territorial public self-government is determined by the charter of the municipality in accordance with the laws of the subjects of the Federation. And Federal Law No. 131-ФЗ excluded the laws of subjects from among the sources, establishing that the procedure for the organization and implementation of territorial public self-government is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality.

Thus, Federal Law No. 131-ФЗ regulates the participation of the population in local governments in more detail, includes new forms of exercise by the population of local self-government and significantly complements Federal Law No. 154-FZ.

In general, both federal laws characterize the application of civilian forms and contains norms that ensure the participation of the population in the implementation of local self-government. However, Federal Law No. 131-ФЗ is more regulated by the interaction of local governments with the population.

1. Constitution of the Russian Federation of December 12, 1993 (with amended and add. Dated July 21, 2014).

2. Federal Law of October 6, 2003 No. 131 of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" (with amended and add. Dated March 30, 2015) // SZ RF. 2003. No. 40. Art. 3822.

3. Federal Law of August 28, 1995 No. 154-FZ "On the General Principles of the Organization of Local Self-Government in the Russian Federation" (raised) // SZ RF. 1995. No. 35. Art. 3506.

4. Vasilyev V. I. Municipal Right of Russia: Textbook. M.: Justicinform, 2012. 680 p.

Constitution of the Republic of Mari El: View of young constitutionalists

Question of Public Participation in Local Government:

Comparative Analysis of Old and New Federal Law

In The Article The Comparative Analysis of The Federal Law of October 6, 2003 No. 131-FL "On General Principles of Local Self-Government in The Russian Federation" And The Federal Law of August 28, 1995 No. 154-FL "On General Principles Of Local Self-Government in the Russian Federation »Are Carried Out.

Key Words: Local Self-Government, The Federal Law On General Principles of Organization of Local Self-Government, Constitutional and Legal Policy, Forms of the Population of the LoCal Government, The Federal Law No. 131-FL.

Nizova Karina Nikolaevna - Master Of The Mary State University, Yoshkar-Ola. E-mail: [Email Protected]

Development and formation of a judicial precedent as a source of law: comparative legal analysis

Oruzhova Rufia Rovshan-Kyza,

university, Yoshkar-Ola.

The article is devoted to the study of the concept of a judicial precedent as a source of law. The author gives a comparative analysis of the history of the formation of a judicial precedent in different countries. In the article on the basis of the historical approach, the nature of the judicial precedent is investigated in detail, the factors that influenced its development and formation are analyzed.

Keywords: judicial precedent, source of law, precedent law, Pretorous law, court decisions, legislation.

The problem of the formation of a system of sources of law is one of the most acute and debatable in legal science. The question of what to consider the source of law is the most important theoretical and practical importance, since its solution in a certain way orienses the law enforcement. When used as sources, the rights exclusively laws often arise difficulties that indicate the obvious disadvantages of this approach. In this regard, practices increasingly have to deal with the problems of using the judicial precedent in the protection of the constitutional rights of citizens, human rights, and even often use them as the only source of law, a regulator of certain public relations. In addition, recently the study of problems relating to the judicial precedent as one of the sources of law has become traditional not only for foreign legal science, but also for domestic law.

The historical approach in the study of the judicial precedent as a source of law allows you to deeper to understand the main causes and conditions for its occurrence, the trend of its development, the nature and features of its application. In addition, a comparative analysis

the historical development of the Precedent Institute allows to determine the objective and subjective factors that lay the evolution of the judicial precedent and which they have a decisive impact on the entire path of its development, and makes it possible to establish those most characteristic for judicial precedent features and features that contributed to its centuries-old development and improvement.

Judicial precedent as an independent legal institution was known from ancient times in the first world states, such as Babylon, ancient Egypt, ancient Rome. Already then, on the basis of judicial practice, the first books of laws were written. In ancient Rome, oral statements (etiquettes) or decisions on specific issues of pretors and other magistrates acted as precedents. Initially, they had binding on the consideration of identical cases exclusively for their masters and directly during the period of their stay in power.

However, over time, many of the most appropriate interests of the dominant class of edicts of some magistrates were repeated in edicts of newly elected magistrates and thus

Mary Law Bulletin No. 3 (14) / 2015

Development of local self-government within the framework of the concept of federal laws "On the General Principles of Local Self-Government Organization in the Russian Federation" of August 28, 1995, 1995 No. 154-FZ and "On the General Principles of Local Self-Government Organization in the Russian Federation" dated October 6, 2003 No. 131-FZ The text of the scientific article in the specialty " State and law. Legal sciences»

Abstract scientific article on the state and law, legal sciences, author of scientific work - Chihladze Levan Teymurazovich

From the position of comparative legal analysis, the concepts of federal laws on local self-government are considered. The conceptual and most significant laws for the development of local governments in the Russian Federation are allocated and analyzed.

Development of Local Government Laws "ABOUT THE General Principles of the Organization of Local Government In The Russian Federation" Of August 28, 1995 No. 154-FZ and "ABOUT THE GENERAL PRINCIPLES OF THE ORGANIZATION OF LOCAL GOVERNMENT IN THE RUSSIAN FEDERATION" OF OCTOBER 6, 2003 NO. 131-FZ.

In This Article Are Considered The Concepts of Federal Laws on Local Government from a Position of the Comparative Legal Analysis. There Allocated and Analyzed The Conceptual and The Most Important Provisions of Laws for the Development of Local Self-Government in the Russian Federation.

The text of scientific work on the topic "Development of local self-government within the framework of the concept of federal laws" On the General Principles of Local Self-Government Organization in the Russian Federation "of August 28, 1995, 1995 No. 154-FZ and" On the General Principles of Local Self-Government Organization in the Russian Federation "dated October 6, 2003 № 131-FZ "

UDC 342 BBK 67.300

Development of local self-government within

The concepts of federal laws "On the General Principles of the Organization of Local Government in the Russian Federation" of August 28, 1995 No. 154-FZ and "On the General Principles of the Organization of Local Self-Government in the Russian Federation" dated October 6, 2003 №131-F3

Levan Teimurazovich Chihladze,

doctor of Law, Associate Professor, Head of the Department of Municipal Law of the Law Institute of the Russian University of Friendship of Peoples, Professor of the Department of Constitutional and Municipal Law of the Moscow State Regional University Scientific specialty 12.00.02 - Constitutional law; constitutional trial; Municipal law

Citation index in the electronic library Nion

Annotation. From the position of comparative legal analysis, the concepts of federal laws on local self-government are considered. The conceptual and most significant laws for the development of local governments in the Russian Federation are allocated and analyzed.

Keywords: local self-government; Municipal authorities; transmitted powers; government departments; local issues; Foreignness of local self-government.

Annotation. In This Article Are Considered The Concepts of Federal Laws on Local Government from a Position of the Comparative Legal Analysis. There Allocated and Analyzed The Conceptual and The Most Important Provisions of Laws for the Development of Local Self-Government in the Russian Federation.

Keywords: Local Government; Municipal Authorities; DELEGATED POWERS; Public Authorities; Local Issues; Nationalization of Local Government.

Local self-government in the Russian Federation develops within the framework of the fundamental principles of the Russian Federation enshrined in the Constitution of the Russian Federation on December 12, 1993 (hereinafter refer to the Constitution of the Russian Federation 1993), and the Federal Law "On the General Principles of Local Self-Government Organization in the Russian Federation" from 6 October 2003 No. 131-FZ (hereinafter seeing the Federal Law on Local Self-Government of 2003) Of course, the provisions of other regulations, one way or another, regulating local governments create a general legal regulation system in this field. Thus, the current stage of the genesis of local self-government in the Russian Federation is impossible to consider without the analysis of the provisions of the above acts.

Each of these laws is a bright indicator of a particular era and is based on a specific concept. For example, the concept of the Federal Law "On the General Principles of Local Government Organization in the Russian Federation" of August 28, 1995 No. 154-FZ (see further the Federal Law on Local Government of 1995) was mainly based on the public theory of local government, and the concept of the Federal Law on Local Law Self-government 2003 on a ridiculous (socio-state) theory. As will be shown below in the Russian Federation there has been a tendency to transform a ridiculous model of local self-government towards administrative. However, in our opinion, it is not worthwhile between the principle of centralization and the administrative model of the local self-government

ravenasta sign. It seems that real centralization is the entry of local governments into the system of government agencies, which is not possible in the Russian Federation, since the provisions of Article 12 of the Constitution of the Russian Federation of 1993, no one has canceled and in the foreseeable future is unlikely to cancel.

The administrative model involves increasing the role of state authorities in solving local issues, which are primarily aimed at ensuring the vital activity of the population of the municipality. In turn, the population of the municipality is part of the people of the Russian Federation. Therefore, it is quite explained that the state through ensuring the activities of local government aims seeks to create a unified effective model of local self-government. Although the model of local self-government in the Russian Federation cannot be called centralized, but elements of centralization in the Federal Law on Local Self-Government 2003 are still present.

As N.L. Pesin says rightly. The reform of local self-government leads to a significant end of the degree of worship of local self-government into the system of state power. This is also visible on the example of the initiatives already implemented: such as establishing a higher degree of responsibility of local self-government before the state, strengthening control over local government, especially in the field of transmitted powers, temporary implementation of certain powers of local government authorities (the introduction of a temporary financial administration) and T .P." .

Agreeing with the scientific position of N.L. Pechina from himself I will note that an increase in state control over the activities of local self-government bodies in strictly regulated by law, it is not possible to be called anti-democratic phenomenon. Moreover, as noted above, this is in a certain sense guaranteeing the legality in the country. The so-called embedding, which N.L. says Pehins is definitely a complete objective process and contributes to the effective functioning of local self-government. However, embedding should not be understood as the direct entry of local governments to the system of government bodies. The specified term applies mainly to demonstrate the responsibility of bodies and officials in the event of not a legitimate solution.

In the context of the foregoing, the point of view of II is quite reasonable. Ovchinnikova, noting that "the problem that is today

discussed under the name "local self-government" - this is the problem of the organization of the management system at the local level. It is much higher: this is a matter of the organization of the entire public administration system, which cannot be solved separately from the issue of organizing public administration, both in the subject of the Federation and in the country as a whole. Therefore, to study the modern problems of public administration at the local level, apparently follows closely with the problems of public administration, naturally, in the case when the task of more rational ensuring the life of society, its consistent and sustainable development is set.

To ensure the constitutional guarantees of the exercise of democracy through local governments, a law on local self-government was adopted [Z.S. 190-262.]. It should be recognized that the adoption of this law is an important milestone in the formation of a new, based on the provisions of the Constitution of the model of the organization of local authorities. However, in subsequent years, the practice of implementing the concept of this law has shown quite a few flaws. For example, as V.I. rightly notes Vasiliev "Most and theorists, and practitioners it became clear that the law led Russian local self-government not very clear and calculating"; "The document was bluded-framework, since the decision of the important issues of the territorial device and the procedure for the functioning of local self-government only" dotted line "or in general, he left their decision, gave it to the discretion of the subjects of the federation, municipalities and the population itself"; "The calculation of the population, residents of cities and villages were impossible for the initiative of the public, residents of cities and villages."

It seems that a certain nationalization of local self-government on the part of the output after the adoption of the Law 2003 is a consequence of its non-effective implementation within the framework of the concept of the Federal Law of 1995, the disadvantages of the Federal Law on the Local Self-Government of 1995 were due to more reasons of systemic nature. It was designed and accepted on the needs of the day. The problem is that the law proceeded from almost that the literal interpretation of the provisions of the Constitution, first of all concerning the independence of local self-government (Article 12 of the Constitution of the Russian Federation 1993). Of course, the provisions of this article requires detailing and concretization in federal legislation, in order not to have a hypertrophied understanding of the phenomenon of freedom to the subjects of legal relations, specifically to the subjects of the Russian

It should be noted that the Federal Law on Local Self-Government in 1995 actually regulated the general principles of its organization and thereby gave the subjects of the Federation practical non-limited rights in the field of local self-government. In this regard, A.A.'s opinion should be accepted Sergeeva who noted that "constitutional ideas objectively could not serve as a complete foundation for solving the real problems of Russian local authorities. In conditions of ambiguous socio-economic reforms, local governments were primarily an element of a single social policy policy, a means of solving utility problems "for a government account", the mechanism of state subsidization of the non-viable population. Practice puts other tasks at the head of the corner: the creation of universal and fair mechanisms of budget alignment (this required the unification of the territorial and institutional organization of the municipal authority); A clear definition of the duties of local governments to the population and guarantees of the population rights to receive utilities (this required rethinking the competences of local self-government and the limits of its independence), etc. The real social function of local self-government dictated a change in approaches to its legislative regulation. " Thus, the process of modernization of public authority institutions after the collapse of the USSR was inconsistent and controversial.

Already at the beginning of the XX! The centuries in front of the state power of the Russian Federation became the problem of the reorganization of field management, which, of course, was to lead to the formation of a new, effective system of local self-government. It is noteworthy that since the adoption of the Constitution of the Russian Federation 1993, the basis of future reforms (1995 and 2000) was also underway Article 12 of the Constitution of the Russian Federation 1993, enshrining on the one hand, guarantees of independence of local self-government within the limits of its powers , on the other, the provisions on the non-inclusion of local self-government institutions into the system of government bodies.

As already noted above, prior to the beginning of the reform of 2003 in the Russian science of the municipal law essentially, the "public" theory of local self-government prevailed, based on the opposition of the state and society. In justifying the legitimacy of this approach, his supporters referred to Article 12 of the Constitution of the Russian Federation of 1993 and the provisions of the Federal Law on Local Self-Government of 1995. As N.S. is fairly emphasized. Bondar "Of course, such an approach bribes with his desire

to ensure the maximum independence of local governments, their complete independence from the state and its bodies. " However, in modern Russia, the implementation of this theory is fully fully, in strengthening the role of the state in the management of society, is an impracticable task. It is no coincidence that some scientists noted the leniency of this approach. In this regard, "It is quite clear to the desire of opponents of the social nature of local self-government to overcome the unifuncable gap between state power and local government, which is clearly manifested in practice in particular in the legislation of the subject of the subject."

According to A.A. Sergeeva "The main motive of the preparation of the new edition of the Basic Law on Local Government was to distinguish between the competence of various levels of public authority, streamlining and unifying intergovernmental relations." A similar point of view adheres to A.A. Vasiliev, indicating a change in the approach to the delimitation of powers of state authorities of the Russian Federation and its subjects in the field of regulating local government. Comparing the current and previous revision of the law, the researcher comes to the following conclusion: "If the Federal Law of August 28, 1995 No. 154-ФЗ contained a list of relevant powers for each level of state power, the new federal law in general form determines the wide possibilities of federal state bodies The authorities in the legal regulation of local government issues. "

The comparative legal analysis of the Federal Laws on Local Government of 1995 and 2003 contributes to the identification of fundamental differences between these two laws, which in turn contributes to an understanding of the development trend in local governments in modern Russia.

In our opinion, the first thing that significantly distinguishes the above laws is established by the Federal Law on Local Self-Government 2003, the broad powers of federal state authorities and state authorities of the subjects of the Federation in the field of legal regulation of local self-government. The concept of local self-government has changed significantly changed, but the territorial foundations of local self-government have changed to the greatest extent. For example, the Federal Law on Local Self-Government 1995 established a single-level model of local self-government, in addition, did not allow the differences between municipalities and did not differentiate their powers. Fe-

the Derany Law on Local Self-Government 2003 provides for the need to create six species of municipalities: urban and rural settlements, municipal districts, urban districts, urban districts with intrauterine-based division, internal territories of the cities of federal significance. At the same time, the territories of urban and rural settlements are part of the territory of municipal regions, but are independent municipalities, i.e. In these territories, a two-level local self-government is carried out. The territories of urban districts are not part of the territories of municipal districts, there is a single-level local government. However, in 2014, changes were made to the specified law, according to which the legal status of the urban district was established with an urban division into areas. Thus, the two-level model of local self-government is established in urban districts, as a rule, these are large cities. True, a single-level urban district as a kind of municipality is preserved.

The peculiarity of the Federal Law on Local Self-Government is that each of the species of municipalities is intended to solve the local importance issues inherent in him, i.e. The local settlement issues do not coincide with the local importance of the municipal district and the urban district.

As noted by E.I. Kobyshev, "First, in accordance with the new municipal territorial structure of the constituent entities of the Russian Federation, namely, with the introduction of a two-level territorial organization of local self-government, a redistribution of local issues between different types of municipalities occurred. Accordingly, more economic sustainable and a priori has a larger population, municipal entities are endowed with a large list of local issues.

Secondly, in accordance with the new Federal Law of 2003, municipal entities take to their fulfillment a significantly greater range of local issues than it was before. Moreover, certain questions of local significance before the adoption of Federal Law No. 131-FZ belonged to the competence of the constituent entities of the Russian Federation. "

"Indeed, as noted in the scientific literature, the problem of legal technology of the law 2003 is that in it to ensure the solution of local issues (33-for urban and rural settlements, 28-for municipal districts, 38-for urban districts) established Total 8 clearly recorded powers of local authorities

management without indication of the belonging of the organs to one or another type of municipalities.

Also, the problem of the law 2003, as well as the 1995 Act, remains the lack of a clear distinction between local government and local issues (mainstream items), which creates some difficulties in practice. " For example, "in the Federal Law" On the General Principles of Local Self-Government Organization in the Russian Federation "(.) The" Organization of Events on Environmental Protection "," Content and construction of roads, bridges, other transport engineering are related to local importance issues. structures ", etc. It is obvious that subjects of reference and powerful authority are also expressed in this legal norm. From the point of view of supporters of this method of consolidation of competence, it is absolutely legitimate, because the authority must be "tied" to the subject (sphere) of the activities of the municipal authority. On the contrary, according to those who delimit the objects of reference and authority, this approach violates the legal purity of the legislative regulation of the competence. "

By specifying the specified lack of legal techniques of the Federal Law on Local Self-Government 2003. E.I. Kobysheva notes: "Federal Law" On General Principles. "2003 contains the norm according to which local governments may establish printed media for the publication of municipal legal acts, discuss the projects of municipal legal acts on local issues, bringing to the attention of residents of the municipality of official information on the socio-economic and cultural development of the municipal Education, the development of its public infrastructure and other official information (paragraph 7 of Part 1 of Article 17) (.) As can be seen, and specified in paragraph 7 of Part 1 of Art. The 17th law is formulated rather as a duty than the right of local governments. " Thus, it turns out that it is unclear the essence of the category "Powers of local self-government" and the essence of the category "local issues", their difference or identity.

There are other discussion provisions in these laws. This is the problem of distinguishing objects and powers between state authorities and local self-government. In this case, we are talking exclusively about their interactions. It should be recognized that in order to equip the unity of public authority in the Russian Federation, an urgent need for a rational distinction of items of reference and authority in the field of local self-government arises. It is this process that creates

the greatest number of problems, closely connected both with the relationship between state authorities and local governments, and local self-government bodies. The importance of this issue in 2003 was emphasized by V.V. Putin, who stated: "We must clarify the very concept and list of local issues. Some of them intersect with the tasks that are carried out by federal and regional government bodies. Others require tremendous material support and can be successfully implemented only with the assistance of subjects, and sometimes with direct support of the federation. "

In the Federal Law on Local Self-Government of 1995. Such a distinction was based on the principle of "residual competence". This means that the law determined the scope of the exclusive competence of the state authorities of the Russian Federation and the authorities of the constituent entities of the Federation, and everything that was not part of their powers could be fixed behind the local government (population and other institutions). Thus, the list of public powers of local self-government was not legally correctly defined and remained essentially open. Moreover, much, in particular, planted from what specific powers were fixed behind the subjects of the federation, and which are behind the Russian Federation. Thus, part 2 of paragraph 2 of Article 6 of the 1995 law provided that municipalities have the right to take "other issues" to their consideration, attributed to local issues of the laws of the federation subjects, as well as issues not excluded from their maintenance and not referred to other municipalities and government bodies.

The foundations of the delimitation of competence between government bodies and local governments, following the federal law, were identified in almost all subjects of the federation on local self-government. It should be recognized that most subjects of the federation, distinguishing the competence of state authorities and local government bodies, often simply duplicated the norms of the Federal Law on Local Self-Government in 1995. Consequently, the delimitation of powers was not detailed, i.e. There was no clear understanding of which the powers for whom were fixed. It turned out that at this level the competence of local governments and government bodies was differentiated only in the most general form.

Remuneration of competence between government bodies and local governments conducted by the Local Government Act

1995, he gave rise to a number of legal problems, the main of which seemed to be the problem of distinguishing the issues of local importance and issues that should be solved at the level of government bodies. For example, if the subject of the Russian Federation followed the Law on Local Self-Government in determining such issues, he simply duplicated its norms. If the act of a subject of the Russian Federation was attempted to independently determine the issues of local importance and issues related to the conduct of state authorities of the Federation's constituent entities, then it often arose problems in terms of compliance with the current federal legislation. Thus, it turned out, as if a vicious circle, which slowed down the development of municipalities, on the one hand, on the other hand, did not contribute to the establishment of interaction between the state and local government as a whole.

It was assumed that the Federal Law on Local Self-Government 2003 was supposed to solve the established problems in the implementation of local governments in the Russian Federation, primarily it concerns the task of delimiting competence in relation to the local level of power. In fact, in contrast to the 1995 law, in the new legislative act in Articles 14-16, an exhaustive list of issues of local settlements (urban and rural), urban districts and municipal districts is enshrined (Inter Vires - "can only be allowed by law ). In turn, under local importance, the legislator implies the "issues of direct provision of the vital activity of the population of the municipality", the solution of which is carried out by the population and (or) local governments independently. In addition, the Law specifies that local authorities are mandatory for the execution by local governments and officials of local self-government, and they are carried out at the expense of local budget revenues without taking into account subventions from higher budgets.

As it was already repeatedly noted earlier, according to the Constitution and the Federal Law "On the General Principles of the Organization of Local Government in the Russian Federation" (as 1995 and 2003), "local government is endowed with competence in two spheres: in matters of local and state importance." However, the problem of a clear distinction between the issues of "state" and "local" meaning is still not solved, which does not allow to unambiguously differentiate the powers to implement them. The fact is that all the questions that

we are resolved at the local level, the legislator is related to matters of local importance. On the one hand, it is quite logical because they are really relevant to ensuring the vital activity of the population of the municipality, on the other - the overwhelming majority of these issues will not be fundamentally purely local, since their content speaks of a national (national) meaning. Accordingly, in the presence of a limited local funding base, they cannot or may not be fully provided by municipal authorities, which, in turn, adversely affects the quality of the municipal services provided. So, as the authors of the monograph "Municipal reform in the Russian Federation: Legal and Economic Research" are rightly noted, a number of local issues "is formulated in such a way that they are becoming, in fact, jointly for state authorities (federal and regional) and for organs local self-government ... ".

To such questions, in fact, having the importance of the behavior-scale scale, and not only the municipal level, it is possible to include a sufficiently large list of so-called "local issues". For example, the organization and implementation of civil defense measures; protection of the population and territory from natural and technical emergencies; participation in the prevention and elimination of the effects of emergency situations; creation, content and organization of emergency-rescue formations; Participation in the prevention of terrorism and extremism.

Thus, in the interests of the clarity and clarity of the legal regulation of local self-government at the federal and regional levels, it is advisable to divide issues of state and local importance. However, from a scientific and theoretical point of view, for the further functioning of local governments, it is necessary to determine the form of distinguishing objects and powers between the relevant institutions of public authorities. The constitutional model of regulating the competence of the Federation and the subjects is based on the issues of exclusive federal maintenance (a group of issues in which the decision can be made exclusively by the Russian Federation), joint management of the federation and its subjects (a group of issues on which decisions can be accepted both the federation and subjects) and its own management of the constituent entities of the Russian Federation (decisions can be accepted - only by the subjects of the Federation).

In the theory of municipal law, proposals were formulated to overcome those problems

which generate (or provoke) fuzziness in the delimitation of the competence of state power and local self-government. For example, A.A. Sergeev believes that "the way to overcome them could be the introduction of the concept of" joint management of state authorities and local governments ". The federal legislator did not introduce such a thing, obviously, believing that it does not fit into the local government model, elected today in the Russian Federation. Such a concept was legally enshrined in a number of Subjects of Fed-War.

In addition, the quoted author believes that such a system of relations is actually being implemented at present: "Issues of education, health care, social protection of the population, the protection of public order, etc. Really are today in joint management of the state and municipal authorities. Municipal authorities engaged in these issues actually have double submission - the local administration and the relevant government agencies, are included in the unified vertical of the bodies who provide relevant issues. "

It seems that the generalizations of A.A. Sergeeva can wear a debate. The theory of constitutional law is stated that "the distinctive feature of this method of delimitation of competence is that in its framework it is very difficult to carry out a clear boundary between the areas of joint management and the exclusive management of the subjects of the Federation. Formally-constitutionally divided these spheres, but in practice the border between them, as a rule, "drifts" in one, then in the other direction. "

It is necessary to recognize that the overwhelming majority of local issues have a close relationship with the subjects of joint management of the Russian Federation and subjects in its composition, which received the consolidation in Article 72 of the 1993 Constitution. Analysis of this article allows us to conclude that there is some "intersection" of spheres Joint management of the Russian Federation, its subjects and local issues. This once again talks about the complexity of the detailed differentiation of objects of reference not only at the federal and regional level, but also at the municipal level of public authority. At the same time, it is quite obviously a close interaction of public cases with local issues.

It is obvious that the questions that are nationwide and in view of this important circumstance - the global cannot be solved in the framework of joint ventures, since they - by definition - are not only local issues. In this case, we are talking from such

questions as: organization, content and development of municipal institutions of education and health care; Certain areas of management (development of education standards, improving the diagnosis and prevention of occupational diseases, the establishment of qualification requirements, retraining and certification of employees of municipal institutions of education and healthcare), etc.

If society is important to reduce the influence of state institutions to the municipal bodies of the public authority, then the presence of a "common area of \u200b\u200breference" can hardly contribute to this, since the indicated legal structure will certainly create the basis of their active interference in joint competence. Moreover, lead to dominance in solving the issues of the local value of the state, which, beyond any doubt, has large financial and administrative resources. Therefore, it is obvious that the items of joint management can create a rather fertile ground for centralization (nationalization) of municipal management. Of course, it is impossible to assume that this kind of differentiation is generally unacceptable, but in this case we are talking about the municipal level of management. Institutions of local self-government objectively cannot be in equal conditions with the federation and its subjects, since these are not state public authorities, and the concept of joint activities is based on the principle of clear distinction of objects of reference and the authority between the actors of the relation of the same level, i.e. between government bodies.

Thus, it seems that the basis of the interaction of state authorities and institutions of local self-government should be the principle of maximum clear distinction between functions and powers. Each level of public authorities should have a strictly determined scope of objects and powers, resources to address issues into it, and should be responsible for the unfair realization of specific tasks. It is impossible not to recognize that the Federal Law on Local Self-Government of 2003, in contrast to the previous law, establishes a very detailed list of local issues. At the same time, as one of the guarantees of establishing the competence of local authorities to fulfill their own powers, on the principles of independence, the acting act regulates that the list of local issues cannot be changed otherwise than by applying relevant changes and additions. However, the document does not contain clear procedural norms regarding the transfer of state authority.

It seems that the issues of delimitation com-

petzing between state authorities and local self-government, as well as between local self-government bodies of different levels, are not fully regulated in the legislation. Thus, it is necessary to further and comprehensively develop the legal norms regulating the division of public competence: "Constitutional and legal regulation in the Russian Federation creates the necessary legal space for management activities, both throughout the state and in the territory of a separate region or municipality. In solving issues that are in joint management of two and even three levels of power (for example, education or health, pension provision or care of veterans), although all difficulties are not overcome, but has already accumulated significant experience of delimitation of powers, their transfer to that level The authorities that seem optimal for their implementation. Developed certain interaction mechanisms, which in some cases involve the use and administrative levers. This does not interfere with the organizational and functional independence of federal, regional and municipal authorities on issues in exceptional administration of each of these levels of government. Thus, the quoted scientist is very true, - at the level of the legislation, consolidated to a certain extent, and in practice a particular relation to the "autonomy" and "dependence" was partially implemented. However, this does not deny the need for further theoretical understanding of this problem. " . An important role in this area of \u200b\u200bsocial relations may also belong to the contractual mechanism of delimitation of competence, which, unfortunately, is not very developed.

Compared to the Federal Law on Local Self-Government of 1995, the Federal Law on Local Self-Government 2003 regulates the structure of local governments, including compulsory: representative body, head of the municipality, head of the local administration, local administration. In the previous law, only election bodies applied to the obligatory bodies of local self-government. It seems that the federal law on local self-government 2003 is unconditional, aims to create a more rigid and unified system of municipal authorities throughout the country. In addition, in this regard, it should be noted that if the Federal Law on Local Self-Government, the existence of dozens of possible schemes for the organization of municipal authorities was allowed, now the current law limits

the possibilities of municipalities in this field. For example, the law regulates the system of local government agencies in detail, up to the determination of the number of representative bodies of local self-government and the order of classes of the head of the local administration. In addition, the law regulates a number of issues that have not previously reflected in federal legislation. First of all, this applies to the chapter that determines the procedure for empowering local self-government to individual government powers.

Later changes are also worthy of optimizing the management structure of local governments. So, by federal law of 29.11.2010 No. 315 in paragraph three of part 2 of Article 34 of the Federal Law No. 131-FZ, changes were made, according to which, from January 1, 2011, the charters of the municipal district and settlement, which is the administrative center of the municipal district may be provided The formation of the local administration of the municipal district to which the fulfillment of powers of the local administration of the specified settlement is assigned. In this case, in the settlement, which is the administrative center of the municipal district, the local administration is not formed.

To the above, it should be added that according to the municipal reform of 2014, the subjects of the Federation received the right through the adoption of the law to establish the municipalities for the municipalities model of the local government, divide the city districts to new municipalities, consolidate additional issues of local importance to the municipal entities, to participate in the selection of candidates for The position of head of the local administration. Thus, as a result of the reform, the definition of the model of the organization of local self-government has become the prerogative of the legislative body of the subject of the federation.

The chapter has changed, regulating issues of attracting elected officials and local governments. As I.A. notes Alekseev ". First of all, I would like to note that the chapter under consideration increased by its volume (in the 1995 law, it included 6 articles) - in the new law 9 of the article. But this is not the main feature, since it is important not the number of articles, but their quality composition and the greatest coverage of the legal relations they regulate. So, in the new law they really appeared. This article 73 "Responsibility of the representative body of the municipality before the state." Further, Article 74 "The responsibility of the head of the municipality and the head of the local administration before

state. " And, at the end of the "revolutionary" article in its meaning and content is Article 75 "Temporary exercise by state authorities of individual powers of local governments", which lists cases when the individual authority of local governments can be temporarily implemented by state authorities of the subjects of the Russian Federation. " .

However, the revolutionism of the decision of the federal government does not end, although it is postponed for a while. For example, among the controversial changes in the Federal Law on Local Self-Government, which received a critical assessment in legal literature, it is possible to distinguish the amendments to the law submitted by the Federal Law of 07.05.2009 No. 90-FZ in the form of amendments to Article 74: "The responsibility of the head of the municipal Education and heads of the local administration before the state "undertend 74.1" Deleting the head of the municipality in resignation ". This change was the implementation of the Presidential Initiative D.A. Medvedva, according to which "representative bodies of local governments should be able to more effectively control, and if possible and remove the leaders of the municipalities." Making data changes are quite widely covered in legal literature, so we note only that in our opinion it would be necessary to legally regulate the accounting of the opinion of the population when sending the chapter in resignation.

The Law on Local Self-Government 2003 significantly increased the control functions of state authorities for local government. Of course, the provisions of the law establishing ad-minsitarian control over local governments testify to strengthening the elements of centralization in the Russian Federation. However, as noted above, these provisions do not contradict world practice. It seems that the provisions of Article 21 of the specified law says that "state authorities monitor the implementation by the local government authorities of individual state powers, as well as the use of material and financial resources provided for these purposes," are a vivid example of administrative decentralization. In turn, it turns out that local government in the Russian Federation operates on the basis of the principles of decentralization, but on the other hand, the intervention of state authorities into local self-government is allowed in strictly limited law. This kind of control and determined by law interference in local government is present in most European states.

As A.N. rightly notes The costumes "In 2014, the reform of local self-government was carried out in Russia, associated with the strengthening of the trend of centralization, by building the" vertical of power "in the subjects of the federation and increase their role in the legal regulation of local government."

In this regard, it is impossible to disagree with the position of V.I. Goncharova, who writes: "Of course, the government authorities should have the right to control the execution by local self-government issues of their competence and the possibility of operational influence in the improper performance of mandatory functions, and even more so - with financial and other violations. However, everything should be equilibrium. And in the control powers, too, since "excessive" control in practice can lead to a violation of local government rights. "

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12. Goncharov V.I. Institutionalization of the local government system in the Russian Federation: Constitutional and Legal Study: Monograph. Moscow: Prospect, 2015.

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18. Sergeev A.A. The system of the legal foundations of local self-government. Voronezh, 1999.

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26. Goncharov V.I. Institutionalization of the local government system in the Russian Federation: Constitutional and Legal Study - Moscow: Prospect, 2015.

On the general principles of organizing local governments in the Russian Federation

(as amended on April 22, November 26, 1996, March 17, 1997, August 4, 2000, March 21, 2002, July 7, December 8, 2003, July 21, 2005)

Federal Law of October 6, 2003 N 131-FZ This federal law was recognized as invalid from January 1, 2009.

Chapter I. General

Article 1. Basic concepts and terms

1. With regard to this federal law, concepts and terms are used in the following values:

municipality - urban, rural settlement, several settlements, united common areas, part of the settlement, other populated area provided for by this Federal Law, within which local self-government is carried out, there are municipal property, local budget and elected local authorities;

local Questions - issues of direct provision of the vital activity of the population of the municipality, assigned to such a charter of the municipality in accordance with the Constitution of the Russian Federation, this Federal Law, the laws of the constituent entities of the Russian Federation;

local governments - elected and other bodies endowed with the authority to solve issues of local significance and not included in the system of state authorities;

representative body of local self-government - the electoral body of local self-government, which has the right to represent the interests of the population and to accept the decision on the territory of the municipality;

local self-government - elected or working under the contract (labor contract) person performing organizational and administrative functions in local governments and not related to the category of civil servants;

elected official of local self-government - an official chosen by the population directly or a representative body of local self-government from its composition, endowed according to the charter of the municipality authority to solving local issues;

municipal property - property of the municipality;

local taxes and fees - taxes and fees set by local governments independently;

municipal service - Professional activities on an ongoing basis in local governments to fulfill their powers.

2. Terms "municipal" and "local" And phrases with these terms apply to local governments, enterprises, institutions and organizations, property facilities and other facilities whose intended purpose is associated with the implementation of local government functions, as well as in other cases concerning the implementation of local self-government.

Article 2. Local government

1. Local self-government in the Russian Federation - recognized and guaranteed by the Constitution of the Russian Federation independent and responsible activities of the population by decision directly or through local government agencies, based on the interests of the population, its historical and other local traditions.

2. Local self-government as an expression of the authorities of the people is one of the foundations of the constitutional system of the Russian Federation.

Article 3. The right of citizens of the Russian Federation to carry out local self-government

1. Citizens of the Russian Federation exercise their right to local government in urban, rural settlements and other municipalities in accordance with federal guarantees of the voting rights of citizens through referendum, elections, other forms of direct will, as well as through elective and other local governments.

2. Citizens of the Russian Federation have equal rights to carry out local self-government, both directly and through their representatives, regardless of gender, race, nationality, language, origin, property and official position, relations to religion, belief, belonging to public associations.

3. Citizens of the Russian Federation have the right to elect and be elected to local governments.

4. Citizens of the Russian Federation have equal access to the municipal service.

5. Citizens of the Russian Federation have the right to apply to local governments and local government officials.

6. Local governments and local government officials are obliged to provide each opportunity to familiarize themselves with documents and materials directly affecting the rights and freedoms of a person and a citizen, as well as the possibility of obtaining citizens and other complete and reliable information on the activities of local self-government bodies, unless otherwise provided law.

Federal Law of August 4, 2000, N 107-FZ in Article 4 of this Federal Law amended

Article 4. Powers of the state authorities of the Russian Federation in the field of local self-government

The powers of the state authorities of the Russian Federation in the field of local governments include:

1) the adoption and change of federal laws on the general principles of the organization of local self-government, control over their observance;

2) ensuring that the legislation of the constituent entities of the Russian Federation on the local self-government of the Constitution of the Russian Federation and federal legislation;

3) ensuring guarantees of the implementation of the states of the state in the field of local self-government provided for by the Constitution of the Russian Federation and the laws of the Russian Federation;

4) regulation of the laws of the transmission of federal ownership of municipal property;

5) endowment of local governments by the Federal Law of the individual powers of the Russian Federation, the transfer of the material and financial resources to them necessary for the implementation of these powers, control over their implementation;

6) the establishment of state minimum social standards;

7) regulation of relations between the federal budget and local budgets;

8) adoption of federal programs for the development of local self-government;

9) compensation to the local self-government of additional expenses arising from the decisions adopted by the federal authorities of state power;

10) regulation and protection of the rights of citizens to carry out local self-government;

11) ensuring federal guarantees of the financial independence of local self-government;

12) the establishment of federal guarantees of the electoral rights of citizens in the election of local governments and officials of local self-government;

13) establishing the procedure for judicial protection and judicial protection of local governments;

14) regulation and establishment of liability of local governments and officials of local self-government for violation of laws;

15) the implementation of prosecutor's supervision over the observance of legality in the activities of local governments and officials of local self-government;

16) regulation of the peculiarities of the organization of local self-government in border areas, closed administrative-territorial formations;

17) regulation of the foundations of the municipal service;

18) regulation by federal laws of the peculiarities of the organization of local self-government in the cities of federal significance.

Article 5. Powers of state authorities of the constituent entities of the Russian Federation in the field of local self-government

The authorities of the state authorities of the constituent entities of the Russian Federation in the field of local self-government include:

1) adoption and changing laws of the constituent entities of the Russian Federation on local government, control over their observance;

2) ensuring the compliance of the laws of the constituent entities of the Russian Federation on the local self-government of the Constitution of the Russian Federation and the laws of the Russian Federation;

3) regulation of the transmission procedure and transfer of objects of ownership of the constituent entities of the Russian Federation to municipal property;

4) regulation of relations between budgets of the constituent entities of the Russian Federation and local budgets;

5) ensuring the balance of minimum local budgets based on minimum budget security standards;

6) endowment of local self-government bodies by the law by the individual authority of the constituent entities of the Russian Federation, the transfer of the material and financial resources necessary for the implementation of the authorized transmission, control over their implementation;

7) adoption of regional programs for the development of local self-government;

8) protection of citizens' rights to the implementation of local self-government;

9) ensuring guarantees of the financial independence of local self-government;

10) ensuring government minimum social standards;

11) the establishment and change of the procedure for education, association, transformation or abolition of municipalities, the establishment and change of their borders and items;

12) compensation for the local self-government of additional costs that arose as a result of decisions adopted by the state authorities of the constituent entities of the Russian Federation;

13) regulation of laws in accordance with this federal law of the peculiarities of the organization of local self-government, taking into account historical and other local traditions;

14) legislation on the municipal service;

15) adoption and change of laws of the constituent entities of the Russian Federation on administrative offenses on issues related to the implementation of local self-government;

Federal Law of July 7, 2003, N 123-FZ in Article 6 of this Federal Law amended

Article 6. Objects of local self-government

1. In the jurisdiction of municipalities there are issues of local importance, as well as individual government powers that local governments may endure.

2. Local matters include:

1) adoption and change of the charters of municipalities, control over their observance;

2) possession, use and disposal of municipal property;

3) local finances, formation, approval and execution of the local budget, the establishment of local taxes and fees, the solution of other financial issues of local significance;

4) comprehensive socio-economic development of the municipality;

6) organization, content and development of municipal institutions of pre-school, general and vocational education;

7) organization, content and development of municipal healthcare institutions, ensuring the sanitary welfare of the population;

8) the protection of public order, the organization and content of the municipal bodies for the protection of public order, the implementation of control over their activities;

9) regulation of planning and development of territories of municipalities;

10) the creation of conditions for housing and socio-cultural construction;

11) control over the use of lands in the territory of the municipality;

12) regulation of the use of water bodies of local importance, fields of common minerals, as well as subsoil for the construction of underground structures of local importance;

13) organization, content and development of municipal energy-, gas, heat, and water supply and sewage;

14) the organization of supplying the population and municipal fuel institutions;

15) municipal road construction and maintenance of local roads;

16) improvement and gardening of the territory of the municipality;

17) the organization of disposal and processing of household waste;

18) organization of ritual services and content of disposal locations;

19) organization and content of municipal archives;

20) organization of transport services for the population and municipal institutions, providing the population of communication services;

21) the creation of conditions for the population of trade, catering and consumer services;

22) creating conditions for the activities of cultural institutions in the municipality;

23) preservation of monuments of history and culture in municipal property;

24) organization and content of the municipal information service;

25) creating conditions for the activities of the media of the municipality;

26) creating conditions for the organization of spectacular measures;

27) creating conditions for the development of physical culture and sports in the municipality;

28) ensuring social support and promoting employment;

29) participation in environmental protection in the territory of the municipality;

30) Ensuring fire safety in municipality, organization of the municipal fire service.

Municipalities have the right to accept other issues related to the laws of the constituent entities of the Russian Federation, as well as issues not excluded from their maintenance and not related to other municipalities and government bodies.

Federal Law of March 17, 1997 N 55-FZ to clause 3 of Article 6 of this Federal Law amended

3. In the event that other municipalities are available within the boundaries of the territory of the municipality (excluding the city), the objects of municipalities, objects of municipal property, the sources of income of local budgets are delimited by the law of the constituent entity of the Russian Federation, and in relation to intracity municipalities - the statute of the city.

In the constituent entities of the Russian Federation - the cities of the federal significance Moscow and St. Petersburg in order to preserve the unity of urban economy, the references on their territories of municipalities, including those established by federal law, objects of municipal property, sources of income of local budgets are determined by the laws of the constituent entities of the Russian Federation - cities The federal significance of Moscow and St. Petersburg.

Municipalities should ensure economic and financial independence in accordance with the delimitation of objects of reference between municipalities. The subordination of one municipality is not allowed to other.

4. Employment of local governments by individual government powers is carried out only by federal laws, the laws of the constituent entities of the Russian Federation with the simultaneous transfer of the necessary material and financial resources. The implementation of the powers driven by the state is controlled. The conditions and procedure for monitoring the implementation by local governments of individual state powers are determined by federal laws and the laws of the constituent entities of the Russian Federation.

Article 7. Legislative basis of local self-government

1. Local self-government is carried out in accordance with the Constitution of the Russian Federation, this federal law, other federal laws, constitutions, the charters of the constituent entities of the Russian Federation, the laws of the constituent entities of the Russian Federation.

2. Legislative regulation of the constituent entities of the Russian Federation issues of local government is carried out in accordance with the Constitution of the Russian Federation and this Federal Law.

3. Federal laws, laws of the constituent entities of the Russian Federation, establishing the norms of municipal law, cannot contradict the Constitution of the Russian Federation and this Federal Law, limit the rights guaranteed by them by local self-government.

In the event of a contradiction of the norms of the municipal law contained in the laws, the provisions of the Constitution of the Russian Federation, this federal law apply the provisions of the Constitution of the Russian Federation, this Federal Law.

4. The provisions of this Federal Law equally apply to the republics, edges, regions, the city of federal significance, the autonomous region, autonomous districts.

Article 8. Charter of the Municipality

1. The municipality has a charter, which indicates:

1) borders and composition of the territory of the municipality;

2) local issues related to municipal education;

3) forms, procedures and guarantees of the direct participation of the population in solving local issues;

4) the structure and procedure for the formation of local governments;

5) the name and powers of elected, other bodies of local self-government and officials of local self-government;

6) the term of office of deputies of representative bodies of local self-government, members of other elected local governments, elected officials of local self-government;

7) species, the procedure for adopting and entering into force of regulatory legal acts of local governments;

8) grounds and types of liability of local governments and officials of local self-government;

9) the procedure for the recall, expressions of distrust by the population or early termination of the powers of the elected bodies of local self-government and elected officials of local self-government;

10) status and social guarantees of deputies, members of other elected bodies of local self-government, elected officials of local self-government, grounds and procedure for termination of their powers;

11) guarantees of the rights of officials of local self-government;

12) the conditions and procedure for organizing the municipal service;

13) the economic and financial basis of the implementation of local self-government, the general procedure for ownership, use and orders by municipal property;

14) issues of the organization of local self-government due to compact accommodation in the territory of the municipality of national groups and communities, indigenous (aboriginal) peoples, the Cossacks, taking into account historical and other local traditions;

15) Other provisions on the organization of local self-government, the competence and procedure for the activities of local governments and officials of local self-government in accordance with the laws of the Russian Federation and the laws of the constituent entities of the Russian Federation.

2. The charter of the municipality is developed by municipal education. The charter of the municipality is adopted by the representative body of local self-government or the population directly.

5. The charter of the municipality enters into force after its official publication (publication).

Article 9. State support of local self-government

Federal bodies of state authorities, state authorities of the constituent entities of the Russian Federation create the necessary legal, organizational, material and financial conditions for the formation and development of local self-government and assist the population in implementing the right to local government.

Federal Law of December 8, 2003, N 169-FZ in Article 10 of this Federal Law, amendments are made to enter into force on January 1, 2004.

Federal Law of March 21, 2002 N 31-FZ in Article 10 of this Federal Law, amendments are made to enter into force on July 1, 2002.

Article 10. Associations and Unions of Municipal Education

Municipal entities in order to coordinate their activities, more efficient implementation of their rights and interests have the right to establish associations in the form of associations or unions to be registered in accordance with the Federal Law on State Registration of Legal Entities. "

Associations and unions of municipalities can not be transferred to the powers of local governments.

Article 11. Symbols of municipalities

Municipalities have the right to have their own symbols (emblems, emblems, other symbolism), reflecting historical, cultural, socio-economic, national and other local traditions.

Chapter II. Territorial foundations of local self-government

Federal Law of August 4, 2000 N 107-FZ in Article 12 of this Federal Law amended

Federal Law of March 17, 1997 N 55-FZ in Article 12 of this Federal Law amended

Article 12. Local governments

1. Local government is carried out throughout the Russian Federation in urban, rural settlements and other territories. The territories of municipalities - cities, towns, villages, districts (counties), rural districts (volosts, village councils) and other municipalities - are established in accordance with the federal laws and laws of the constituent entities of the Russian Federation, taking into account historical and other local traditions.

In order to protect the constitutional system, ensuring the defense of the country and the security of the state, restriction of the rights of citizens to the implementation of local self-government in certain territories by federal law is allowed.

The population of urban, rural settlement, regardless of its number, may not be deprived of the right to carry out local self-government.

At the intracity territories of Moscow and St. Petersburg cities and St. Petersburg, local self-government is carried out while maintaining the unity of urban economy in accordance with the charters and laws of the constituent entities of the Russian Federation - the cities of the federal significance of Moscow and St. Petersburg. The population of urban settlements, which are part of the constituent entities of the Russian Federation - cities of the federal significance of Moscow and St. Petersburg, can not be deprived of the right to carry out local self-government.

2. The territory of the municipal formation is the land of urban, rural settlements adjacent to them the land of common use, recreational zones, the land necessary for the development of settlements, and other lands within the boundaries of the municipality, regardless of the forms of ownership and targeted.

3. Questions about education, association, on transformation or on the abolition of intracity municipalities, the establishment or change of their territories are resolved taking into account the opinion of the population of the city by the representative body of the local government of the city independently in accordance with the city's charter.

In the constituent entities of the Russian Federation - the cities of the federal significance Moscow and St. Petersburg, the union or transformation of intracity municipalities, the establishment or change of their territories is carried out by the laws of the constituent entities of the Russian Federation - the cities of the federal significance of Moscow and St. Petersburg in accordance with their charters and taking into account the opinion of the population of the relevant territories.

Article 13. Establishment and change of borders of the municipality

1. The establishment and change of the boundaries of the municipality, including in the formation, association, transformation or abolition of municipalities, is carried out taking into account historical and other local traditions on the initiative of the population, local governments, as well as state authorities of the constituent entity of the Russian Federation.

2. The change in the boundaries of the municipality is not allowed without taking into account the opinion of the population of the respective territories. Legislative (representative) state authorities of the constituent entities of the Russian Federation establish the law of guaranteeing the opinion of the population in solving issues of changes in the boundaries of the territories in which local government is carried out.

Chapter III. Local governments and local government officials

Federal Law of March 17, 1997 N 55-FZ in Article 14 of this Federal Law amended

Article 14. Local governments

1. Local governments include:

elected bodies formed in accordance with this Federal Law, the laws of the constituent entities of the Russian Federation, the charters of municipalities;

other organs formed in accordance with the charters of municipalities.

2. The presence of elected local authorities of municipalities is mandatory. In the constituent entities of the Russian Federation - the cities of the federal significance Moscow and St. Petersburg in accordance with the charters and laws of the constituent entities of the Russian Federation - the cities of the federal significance of Moscow and St. Petersburg may not create the election urban bodies of local self-government cities of Moscow and St. Petersburg.

3. Local governments are endowed in accordance with the charters of municipal entities by their own competence in solving local issues.

4. The names of local governments are established by the charters of municipalities in accordance with the laws of the constituent entities of the Russian Federation, taking into account national, historical and other local traditions.

5. Local governments are not included in the system of government bodies. The implementation of local self-government bodies and government officials is not allowed.

6. The structure of local governments is determined by the population independently.

FZ dated 28.08 1995 general principles. E. S. Shugrina Municipal Law of the Russian Federation. Birth number for women

With changes and additions from:

Federal Law of 28.08.1995 N 154-FZ (ed. From 08.12.2003) "On the general principles of organizing local governments in the Russian Federation" (adopted by the State Duma of the FS RF 08/12/1995)

Questions of population participation in local self-government: a comparative analysis of old and new federal laws »

Annotation of a scientific article on the state and law, legal sciences, the author of scientific work - Low Karina Nikolaevna

Similar topics of scientific work on the state and law, legal sciences, the author of the scientific work - the bottom of Karina Nikolaevna,

Text of scientific work on the topic "Questions of population participation in local self-government: a comparative analysis of old and new federal laws"

Abstract scientific article on the state and law, legal sciences, author of scientific work - Chihladze Levan Teymurazovich

Similar topics of scientific work on the state and law, legal sciences, the author of scientific work - Chihladze Levan Teimurazovich,

Development of Local Government Laws "ABOUT THE General Principles of the Organization of Local Government In The Russian Federation" Of August 28, 1995 No. 154-FZ and "ABOUT THE GENERAL PRINCIPLES OF THE ORGANIZATION OF LOCAL GOVERNMENT IN THE RUSSIAN FEDERATION" OF OCTOBER 6, 2003 NO. 131-FZ.

Chapter I. General

Article 1. Basic concepts and terms

Article 2. Local government

Article 3. The right of citizens of the Russian Federation to carry out local self-government

Article 4. Powers of the state authorities of the Russian Federation in the field of local self-government

Article 5. Powers of state authorities of the constituent entities of the Russian Federation in the field of local self-government

Article 6. Objects of local self-government

Article 7. Legislative basis of local self-government

Article 8. Charter of the Municipality

Article 9. State support of local self-government

Article 10. Associations and Unions of Municipal Education

Article 11. Symbols of municipalities

Chapter II. Territorial foundations of local self-government

Article 12. Local governments

Article 13. Establishment and change of borders of the municipality

Chapter III. Local governments and local government officials

Article 14. Local governments