We all know the activities of the TOCs. So abbreviated as territorial public self-government - one of the most important forms of citizen participation in the system of local self-government. But how to create a similar organization in your own home? The article will present a detailed algorithm, a transcript of the basic concepts necessary for organizing a CBT, and features of holding meetings of residents.
Definition
Territorial public self-government is a civil self-organization at the place of residence in a certain territory. Such institutions are regulated by Art. 27 Federal Law No. 131 (2003) - "General Principles of the Organization of Local Government (decryption - local government) in the Russian Federation."
The goal of creating territorial public self-government is the desire for citizens to independently solve problems of local importance. The algorithm of both the organization and the direct implementation of TOC, the conditions for allocating finances from the budget of a settlement are determined by the charter of this municipality, as well as its local regulations.
In Russia, territorial public self-government of the population can be carried out in the following territories:
- Entrances of apartment buildings.
- Entire apartment buildings.
- Groups of residential buildings.
- Microdistrict (residential buildings).
- Settlement village (by status not related to settlements).
- Other types of territories of residence in the Russian Federation.
The forms of territorial public self-government in Russia are as follows:
- Direct participation of the population. Conducting relevant conferences, meetings.
- Creation of TOC bodies.
Bodies and Articles of Association
The bodies of territorial public self-government are elected at conferences, meetings of citizens residing in any particular territory.
This organization is considered registered from the date of registration of its charter by the authorized bodies of local self-government of this settlement.
The Charter necessarily reflects the following:
- Territory on which CBT will be implemented.
- Goals, main activity vectors, tasks, forms of CBT.
- The formation procedure, as well as the term of office and their termination, rights and obligations of bodies of territorial public self-government. Local authorities, recall, they must be approved.
- Decision making procedures.
- Procedures for the acquisition of property, use and disposal of both it and other material means.
- The order of the termination of the CBT.
General plan of creation
Where to start the organization of territorial public self-government? First of all, imagine a clear plan for all the upcoming work:
- Gathering initiative group.
- Development of the future charter of the CBT.
- Development of project plans for the activities of the organization, estimates of its income and expenses.
- Organization of meetings of citizens (conferences are held on a large territory).
- Adoption of the charter.
- Election of TOC bodies.
- Adoption of a work plan, as well as cost and income estimates.
- Registration of CBT in the local government system.
We will analyze the important points in more detail.
Initiative group
For further registration of territorial public self-government in local self-government, first of all, it is necessary to assemble an initiative group of at least 3 people (the LSG body is authorized to establish another minimum composition of this group). At the initiative of these citizens, CBTs are being created.
These persons should have the right to participate in territorial public self-government. They are combined to convene a constituent conference or meeting in the future. Members of the initiative group are elected at the first meeting of citizens.
First meeting
At the first meeting regarding territorial public self-government, the following issues are resolved:
- Decision-making on the initiation of TOS organization in a certain territory.
- Formation of an initiative group.
- Definition of the territory for the future CBT.
- Preparation of a request to the LSG for the issuance of a certificate with a population of over 16 years living in this territory.
Next, the initiative group should go with a written appeal to the representative body of LSG with a request to approve the boundaries of the new CBT. In addition, she appeals to the local authorities with a request to issue a certificate of population over 16 years of age in this territory.
Second meeting
For the further implementation of territorial public self-government, it is necessary to hold a second meeting of citizens. It addresses very important issues:
- Determining the form of the constituent assembly. There can be two - a meeting and a conference. They are determined on the basis of a population certificate. If there are less than 100 people, then a meeting is necessary. Otherwise, a conference. Representation rules are set here: up to 300 people - one delegate from 10, up to 600 people - one delegate from 20, up to 1000 - one delegate from 25, up to 2000 - one delegate from 50, up to 10,000 - one delegate from 100, up to 15 000 - one delegate from 150, up to 20,000 - one delegate from 200, up to 30,000 - one delegate from 300.
- Appointment of the date, place and time of the constituent conference, meeting.
- In the case when conferences are required, it is necessary to present the territories where citizens will choose delegates for the event.
- Decision: whether or not the created structure will be a legal entity.
- Preparation of the draft agenda of the constituent assembly.
- Preparation of the draft Charter of the CBT.
Preparation for the constituent assembly
In the future territory of territorial public self-government, it is important to warn the population in advance of the meeting. Also, notification of it is timely delivered to LSG bodies.
There are three ways to alert:
- Placing ads in public locations.
- The name-based notification of everyone living in the future territory of TOS.
- Publication of announcements in the media.
Ad requirements are:
- Indication of the place, time and date of the event.
- Agenda.
- The location of the premises, in which you can familiarize yourself with the draft charter, as well as with projects of other documentation.
If residents, having familiarized themselves with the Charter, are not completely satisfied with its content, then a change in certain paragraphs of the document should be put on the agenda of the constituent assembly.
Preparations for the founding conference
What is important to do here? This is the following:
- Determine the norm of representation, based on the number of residents in this territory.
- Notify residents of the future TOS territory about holding a meeting at the choice of delegates (preferably not later than 14 days before the date of the constituent meeting).
Meetings at the choice of delegates here can take place in two forms:
- Full-time. The presence of residents in the location of the meeting, the discussion of candidates for delegates, the choice of candidates by voting, confirmation in the protocol of the choice of the population.
- Correspondence. Collection of signatures in support of various candidates for delegates. To do this, you must prepare subscription lists in advance.
Citizens who have collected the maximum number of votes (signatures) will be considered legal delegates here. An election is considered valid if the majority of the population participated in the meeting. If several candidates were nominated, then the one who collected the maximum votes becomes the delegate.
Constituent assembly
When holding a constituent assembly, it is important to remember the following rules:
- The meeting is attended only by citizens permanently residing in the territory of the future CBT.
- The holding of such a meeting is authorized only if more than half of the residents of the CBT are over 16 years old. To fix their number, a list of participants is filled.
- As for the constituent conference, the presence of delegates elected in absentia or in person is required. It is also allowed the presence of all interested residents, permanently registered in this territory, over 16 years old.
- The conference also compiles a list of participating delegates.
- Representatives from the local government structure may attend the event.
Constituent Assembly Plan
The event is opened by a representative of the initiative group. He further suggests that the assembled participants elect from among her the chairman and secretary of this conference. The voting procedure is pre-negotiated here.
The working functions of these persons are as follows:
- The chairman conducts a meeting (or conference) according to the agenda, has the right to provide those wishing to speak.
- The secretary directly records the minutes of the conference or meeting.
Further, the participants approve the agenda of this meeting. The decision here is considered adopted if the majority of the participants (delegates) present have voted in his favor.
Be sure to discuss and make decisions on the following issues:
- Creation of a new structure, namely, territorial public self-government.
- Approval of the Charter of the future CBT.
- Election of TOS bodies (with the obligatory mention of their authority).
- Granting (or not giving) CBT status of "legal entity".
- Determination of the applicant who will be authorized to represent the residents of the CBT after establishing its borders and registering the Charter.
Paperwork meeting
Decisions that were made by citizens at the constituent assembly of the CBT are necessarily recorded in the protocol. The document has certain requirements:
- The content of information on the date, time and location of the event.
- The number of participants in the meeting (or delegates arriving in the case of the constituent conference) is indicated.
- The number of citizens who took part in the work of the constituent assembly is indicated.
- An indication of all decisions made at the event.
- Sight by the chairman of the meeting and the secretary.
- The document must be stitched, numbered, glued and certified by the signatures of the secretary and chairman on the gluing.
The protocol is further stored in a place that was jointly determined at the constituent assembly (conference). Moreover, any citizen residing on the territory of TOS has the right to get acquainted with the contents of this document, as well as to make extracts from it.
We briefly examined what TOC is, what are its goals and forms. We also considered the general plan for creating the CBT and more specifically focused on some stages of its organization.