Local self-government is important no less than regional and federal authorities in the Russian Federation. The activity of such a system is based on clear principles that cover all areas of activity of local managers - in cities, districts, rural districts. In the article we learn about the general principles of the organization of local self-government in the Russian Federation. We give a description of each, consider the current classification.
Definition
What are the principles in general? These are fundamental ideas, fundamental provisions that are based on objective laws in the development of natural, social processes and phenomena.
The principles of local self-government are fundamental ideas, determined by the very nature of this self-government. They underlie the organization of the activities of local citizens, the creation of bodies established for independent decision of municipal affairs. Such principles reflect the most significant aspects in the organization of this self-government.
There is one more definition. The principles of local self-government are conditions, requirements stipulated by the Constitution, federal legislation of the Russian Federation. They are called upon to determine the nature of local self-government, its role and place in the systems of democracy, the basis, the procedure for the formation of bodies of such self-government, their further functioning. The principles also determine the legal mechanisms, existing guarantees for the exercise of civil rights to such self-government.
Normative documents
The principles of local self-government are the principles that are enshrined in many legislative acts. This bestows upon the principles the character of generally binding requirements, gives them a normative legal character.
What laws exist on the general principles of local government? The following stand out:
- European Charter for Self-Government.
- The Russian Constitution.
- Federal Law "On General Principles of Local Self-Government in the Russian Federation" No. 131.
- Other Russian legislative acts.
Classifications
The principles of local government are ideas in respect of which several classifications apply. Consider them.
The main one is the division of the principles of local authorities into the following:
- General and special.
- Organizational and legal.
- Major and additional.
As for the principles of local self-government in the Russian Federation, there are three groups:
- General legal. They are contained in the basic law of the state - the Russian Constitution.
- Industry. Fixed in the base Federal Law No. 131.
- The principles of individual legal institutions. They are characteristic of certain groups of legal relations associated with local government. What can be cited as an example? The principles of the municipal services, the principles of elections at the municipal level, the foundations of the territorial organization of such self-government, etc.
The principles of local government activity are also divided into the following categories:
- Associated with the general, basic conditions for the implementation of self-government.
- Determining the independence of such a level of power.
- Securing the inalienable rights of citizens to exercise such self-government.
We list the existing principles of the organization of local self-government in the Russian Federation.
Independence issues
This principle is enshrined in Art. 12 and Art. 130 of the Constitution.
It is important to highlight the following:
- The independence of the embodiment by citizens of local self-government is expressed both in holding referenda, elections and other varieties of direct expression of will, and in expressing opinions through elective systems of power.
- Within the limits of its authority, local government is completely independent. Its bodies are not included in the structure of state power.
- The population independently determines the form, structure and name of local government.
- The financial and economic independence of such self-government is legislatively fixed.
Organizational isolation
The principle is set out in Art. 12 of the Constitution. This is the following:
- Local governments do not constitute a component of state power.
- The formation of bodies of such self-government, the appointment of government officials in the relevant positions in the Russian Federation is unacceptable.
- Local government is a public authority. Through its units, it interacts with state power, self-government of other municipalities, participates in civil circulation. It acts on its own behalf, in its own interests.
- Mutual subordination between individual municipalities is excluded.
- Local government officials should not be in the public service.
Provision of activities with material and legal resources
This principle is contained in Art. 132 of the Constitution. The following powers of the municipality self-government are indicated here:
- The possibility of independent management of municipal property, as well as the independent formation, approval and further implementation of the budget.
- Minimum budgets are guaranteed at a level not lower than the minimum budgetary provision, which is established by authorized bodies at the level of Russian entities.
- Local government bodies have certain state powers. Together with them, the necessary financial and material resources are transferred to them simultaneously.
- Compensation for additional embezzlement that arises in the course of decisions put forward by state authorities.
Warranty Guarantee
The right is enshrined in Art. 133 of the Constitution. Both citizens living in the territory of a particular municipality, as well as officials, authorities of local self-government are entitled to apply to the court (or arbitration court) with claims for invalidating legislative acts, those that violate the rights of local self-government, specific officials, structures of state power, as well as individual enterprises, organizations, public unions, operating, operating in the territory of the municipality.
Responsibility to the public
Bodies and authorized officials representing self-government also bear a certain responsibility to the population:
- Responsibility for their decisions and actions.
- Responsibility comes before the population of the municipality, the state, individuals and legal entities in accordance with Russian law.
- Responsibility comes in the event of loss of confidence in the citizens. The procedure and conditions for its occurrence are determined directly by the charters of municipalities. One example of the occurrence of such responsibility: the possibility of recall by decision of the population of the deputy, members of elected structures.
- Responsibility of local self-government to the state may arise in case of violation of the provisions of the Constitution, federal legislation, laws of the subject level, various municipal charters, state powers to the extent that they are provided with financial and material resources of the relevant state authorities.
- Responsibility to legal entities and individuals occurs in the manner established by the Federal Law, regional legislation and the charters of municipalities.
Respect for the rights of citizens
Local government is an activity carried out only in the interests of the population.
Accordingly, the implementation of such activities proceeds from the rights and freedoms of the people guaranteed by the Constitution:
- The right to vote and the right to be elected.
- The possibility of both collective and personal, individual appeal of a citizen to local authorities.
- The right to get acquainted with those materials and documentation of self-government bodies, which affects the rights and freedoms of citizens.
- The right to appeal in courts the actions and decisions of representatives of local self-government.
- The right to education, medical care within a particular municipality.
Legality of organization and activities
The following stand out here:
- Prosecutorial control over the implementation by the local government of the Federal Law, legislation at the level of entities, municipal charters is carried out.
- Prosecutorial supervision of the observance by authorized persons representing local self-government of the rights and freedoms of the population.
- Appeal in the judicial system of decisions and actions of representatives of local self-government that infringe on the interests and rights of individuals and legal entities.
- Public control (exercised by citizens) over the activities of officials, structures representing local self-government.
Publicity
Here it should be noted:
- Compulsory publication of laws, regulations adopted by local government.
- Ensuring the possibility of public control over the activities of government representatives. The guarantee of the influence of public opinion on decisions that affect the interests, freedoms and rights of citizens.
- The duty of representatives of local self-government to provide each citizen with the opportunity to familiarize themselves with materials, documents directly related to their freedoms and rights.
- Providing the population with the opportunity to receive the most complete and reliable information about the activities of the local government.
- The duty of the relevant bodies and officials to give answers on citizens' appeals within a month from their receipt.
Thus, the activities of self-government bodies of municipalities are based on clear principles. They are enshrined in the Constitution of the Russian Federation, Federal Law No. 131, international legislative acts, and other Russian regulatory documents.