In Chapter 8 of the Constitution affirms the independence of the population in addressing issues of regional significance, use, disposition and ownership of municipal property. In article 131 of the basic law set the limits of the areas under self-government. These include, in particular, include the rural/urban settlement, other areas subject to historical, cultural and other traditions. Next, let's consider the features of municipal legal relations arising in connection with the implementation of self-government.
The Federal law №154 determines the General principles of organization of local government in Russia. By this act also enshrined key concepts necessary for studying areas of its distribution. These include:
Implementing powers within the framework of local self-government requires active engagement by citizens. For the solution of territorial problems the DoD has its own budget. For replenishment of this Fund authorized by local authorities to set fees and taxes. In sum, it is possible to define local government as the activities of the population guaranteed by the Constitution on issues of regional significance, carried out by citizens themselves and under their responsibility in accordance with their own interests.
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In the process of organization and functioning of local government in rural, urban settlements and in other territories there are interactions, regulated by legal acts. They are treated as Municipal-legal relations. Structure these interactions has a traditional design.
In the present spheres of influence differ in certain specifics. They have locally-territorial in nature and relate to the field of municipal legal regulation. Interactions are complex. Features of municipal legal relations are defined by the fact that the problems of territorial values cover all the key areas of life and activities of citizens. This culture, policing, Finance, and Economics. Despite the fact that municipal law norms and attitudes are quite diverse, they have common characteristic. They all arise in connection with the need to solve territorial issues. Subjects of municipal legal relations are citizens living within the MOE, local authorities and their employees.
Depending on the number of participants, there are the following types of municipal-legal relations
The municipal-legal relationships – it is the actions of the local population and formed their bodies oriented to the solution of problems of regional significance. These issues are defined in the Charter of the respective MO. In addition, as was said above, local authorities are implementing separate gopalsamy transferred to them in accordance with the law. On this basis, formed the following classification of municipal-legal relations:
Municipal law and relations associated with the implementation of individual gopalsamy, are formed in each specific situation individually. The legislation does not set a clear list of tasks that lay Federal bodies of territorial power.
Depending on what The subjects of municipal legal relations are involved in the decision of those or other questions of interaction are divided into:
The legislation contains the following definition of the municipality. It is a rural, urban settlement or several of these areas are United by a common territory, a part of the area, other populated area, as provided in the Federal law, within which is implemented by the government, there is a property that has its own budget formed by elected structures. The municipality has the right to dispose, possess and use property owned by him. While MO does not act as legal entities, but in the civil the legal interactions have equal opportunities with other participants. Municipalities can form associations in the form of unions or associations to coordinate their work, the most effective realization belonging to him rights and interests, to have its own symbols.
The subjects of municipal legal relations choose a representative body of officers, and decide other important issues in territorial values. The population regardless of its size has the legal possibility of self-government. Directly by the citizens can be taken the Charter of the MO, expressed distrust of elected institutions. Public opinion taken into account in the formation, merger, transformation or abolition of municipalities, defining their territory. In accordance with the provisions of the Charter, citizens have the legislative initiative in matters of regional significance. In some localities the authority of the representative body may implement the General meeting (gathering). It is not only a way of addressing citizens of the territorial issues, but the form of organisation of public authorities. The Assembly is formed on part of the DoD and ensures the implementation of population initiatives on topical problems.
These structures include:
Entering Municipal-legal relations, these participants manage the property, form, adopt and execute the budget, approve various decisions concerning the interests of the population.
Russian Citizens are given equal right to self-government. It does not depend on their religion, gender, race, official and property status, nationality and other circumstances. Individuals implement this feature, entering in the municipal-legal relations in different ways. In particular, this is done through participation in the referendum, elections and other forms of direct will, through elective institutions, etc. Citizens have equal rights to get acquainted with materials and documents that directly affect their freedoms and interests, including on the activities of governments. The powers of the deputies of representative institutions of territorial authorities include participation in matters relating to the approval of the local budget and report on its implementation, the introduction of levies and taxes within the MOE, the adoption of programmes and development plans of the settlement.
The municipal-legal relationships can enter not only citizens and local authorities. At the place of residence of the population creates local authorities. They can act as legal entities, to form the Association. These bodies also carry out initiatives at the decision of territorial problems. Municipalities may unite in unions and associations. They provide coordination of the activities of MO,improves the effectiveness in the implementation of their interests. Meanwhile, such associations and unions are unable to exercise the powers conferred upon the local authorities. In the municipal-legal relations are entering and state institutions. Their task is to support government, creation of necessary organizational, legal, material and financial conditions for development of territories. On the territory of the municipality functioning of different institutions, organizations, enterprises. They can also enter into municipal law of interaction. If they are in ownership of MO, the procedures, conditions and objectives of their activities are set by the government. Interaction with other institutions, enterprises and organizations formed on a contractual basis. On the territory of the municipality can operate as public enterprises. In accordance with the provisions of their statutes, they participate in the election of government bodies, represent and protect their interests and rights of its members and other citizens. If the problems that solve the territorial institutions of government, relating to public unions, they should be discussed with the participation of the latter.
Legal regulation of municipal relations has a number of specific features. His character is defined by the set of techniques through which the impact on social interaction. They, in particular, are prohibitions, permission, regulations. Depending on what kind of reception prevails in the system, Legal regulation of municipal relations can be:
A Feature of the subject of municipal law is that it applies equally to private and public relationship. It follows from this and the widespread use of dispositive and imperative methods. In particular, the failure or the improper performance undertaken by the government decision implies responsibility. Interactions between employees are built on the principle of subordination. In these cases, a mandatory method. However, governments do not only implement public-government activities, but also enjoy the rights of the owner against the property in the possession of the municipality, on behalf of the MO. Interaction between participants in this case are governed by the discretionary method. I should say that in fact, and in another method of regulation, it is prohibited.
It is used along with the mandatory and discretionary modes of regulation Method of guarantee is most common at the Federal level. In particular, the government undertakes to provide economic, financial and organizational autonomy of the territorial self-government, its judicial protection.
As was said above, governments are not included in the system of state government institutions. Meanwhile the latter have a definite impact on the activity of territorial structures. This effect is achieved by the recommendations. They are contained in presidential decrees, governmental resolutions and legal acts of regional authorities.
We should also highlight the question regarding municipal law. As they perform acts which are fixed and regulated by the social interaction that arise in the course of organization and operation of local government. These standards – a result of legislative activity of state and municipal authorities. They are grouped according to various criteria. So, depending on the object, isolated acts fixing:
Depending on the nature of regulations, the rules can be:
In addition, there is a division of acts into material and procedural legal. First fix the powers conferred upon the local authorities. Procedural legal acts determine the procedure of formation of electoral institutions (procedures for establishment, appointment of officers, etc.) territorial authorities. Municipal-law also are grouped on a sectoral basis. These complexes acts cover certain categories of interrelated interactions.
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