Municipal power and state power: concept, features, delineation of powers and forms of interaction

In every country there is a state power that carries out political and managerial activities. It has several branches for more efficient management. One of them is municipal. Power holds the answer to citizens. And all her work should be aimed at strengthening the country and at realizing the will of the people. Consider what the activities of the municipal government and state power are, what powers they have and forms of interaction. Let's get started!

Government

The concept of power has always existed. You can describe it in the following words: it is an alternative in imposing your rules on a society or a person, despite their desires. Methods can be based on different principles.

So, for government, it is necessary to tune the whole society to one process. Be able to influence the masses of people of different levels. The most important component of governance is state power. The concept and signs will be considered a bit later. In the meantime, we will study the terminology.

Concept of power

The type of management of society, the basis of which is a special apparatus of power, is considered to be state power. The object and subject have a clear separation. The main purpose of state power is to manage society, which is an integral hallmark of the state.

Signs of state power

We highlight some of them:

  1. It is permanent and is implemented by a special state apparatus.
  2. The form of government is official and political.
  3. It does not depend on other authorities within the country and abroad.
  4. Has the supremacy in decision making.
  5. Has the rights of a monopolist in the territory of his state.
  6. Forms the budget of the country and establishes the taxation processes of individual objects and entities.
  7. It is valid for all citizens and legal entities located in the country.
  8. Creates laws, legal documents and regulations.

Having determined what state power is, a concept and signs, one cannot ignore its authority.

Competence

The powers of state authorities in relation to municipal councils are as follows:

  • According to the Federal Law, the state has vested municipal authorities with powers, it exercises control over the execution and allocated funds for their implementation.
  • State power has set minimum social standards.
  • Programs for the development of municipal councils have been developed and adopted.
  • Municipal authority is protected at the legislative level.
State authority
  • A framework has been established for the responsibility of local authorities and officials for breaking the law.
  • The prosecutor's office regularly monitors the work of municipal councils and senior officials.
  • The basics of the work of councils are regulated at the legislative level.

Structures

State and municipal authorities consist of:

  1. Government of the Russian Federation.
  2. Legislative bodies of state. authorities.
  3. The judiciary.
  4. Federal Assembly.

Municipal authorities

It:

  1. Local administration.
  2. Representative body of the municipality.
  3. Head of the municipal council.
  4. Supervisory authority.
  5. Bodies dealing with issues of local importance.

Let us dwell on the structure and significance of local authorities.

Municipal authority

Consider the definition of municipal authority. This type of management of society and the state is part of the power structure in Russia. There is Article 3 of the Constitution of the Russian Federation, which indicates that the people express their power through local bodies.

Municipal authority

There are municipal councils separately from state councils within their powers.

Municipal power is a type of government that is implemented by the people. Decisions on the disposal of municipal property are taken independently.

Local and municipal entities are municipal entities.

The structure of municipal authorities

Local authorities are formed according to the following steps:

  1. A commission is convening, a committee led by a chairman and a deputy.
  2. A chapter is elected.
  3. Administration is being created.
  4. There is a control committee and other units.

So, for example, the chairman of the village council is elected. Based on the principle of the will of the people by voting. The structure of municipal bodies is determined by law, and the composition is selected by voting.

Chairman of the Village Council

The chapter resolves issues of local importance and reports to the population and representative bodies. He is forbidden to be a deputy of the State Duma of the Region. Has no right to engage in entrepreneurial activity and combine some positions. So, the chairman of the village council cannot be a deputy.

Municipal authority is part of local government.

The direction of the municipal government

What are its functions:

  1. Management of municipal property.
  2. To ensure the contribution of the population to decision making.
  3. Develop adjacent territories.
  4. Ensure public order.

All rights reserved and guaranteed by the Constitution of the Russian Federation.

Municipal authorities may decide:

  1. Through referenda.
  2. Through holding meetings.
  3. At the gatherings.
  4. By election.
  5. With the help of elected local governments.

The regional administration is a municipal authority. All functions listed above are directly related to its work.

Signs of municipal authority

The work of self-government bodies is based on the Constitution of the Russian Federation.

The apparatus of municipal authority is fixed by law.

It includes:

  1. Local government bodies.
  2. Local administration.

Municipal authority is characterized by democracy. Citizens have the right to express their opinion on:

  1. Meetings.
  2. Conferences.
  3. Voting.
  4. Public speaking.

Municipal authorities are independent in making decisions within the powers established by law.

Municipal power has a limitation; these are its territorial boundaries. Self-government should be conducted in these territories, taking into account the history and local customs.

Distributed to all entities located in the designated territory.

Municipal authority

Let us dwell on what opportunities the regional administrations have. These municipal authorities:

  1. Establish local government laws.
  2. They make decisions on issues of legal settlement, on the subject of common jurisdiction of subjects with the Federation, the obligations and functions of regional bodies and local destination.
  3. Assign the degree of responsibility, rights and obligations of the leaders of local self-government and responsible persons in resolving municipal issues.
  4. Establish a legal framework for local authorities and decision makers.
  5. Coordinate issues on the organization of work of authorities.
  6. They determine the rights and obligations of municipal authorities in making individual decisions entrusted by the laws of the constituent entities of the Russian Federation.
Regional Administration

Principles

Consider the principles of municipal authority:

  1. Decisions of local significance are adopted independently within the powers of the Constitution of the Russian Federation.
  2. Municipal councils are not subordinate to each other.
  3. The representative of the municipal council has priority in the system of local government.
  4. Open work of bodies.
  5. State guaranteed minimum local budget.
  6. Support and guarantees are provided to municipal authorities.
  7. The state provides guarantees to meet established social standards for the population.
  8. Citizens have the right to express their opinion in decision-making.

The work of the municipal government and state power is the interaction in the process of work to provide the population with the necessary social legal freedoms and the rights of citizens.

Common signs

Government budgeting

Consider what are the common features between the municipal government and state power:

  1. They independently form a budget, and also introduce and collect taxes.
  2. They are a form of popular power.
  3. Endowed with the authority to implement, in accordance with the Constitution of the Russian Federation.
  4. Each type of power has its own control apparatus.
  5. Authority exercises control continuously, holistically and comprehensively.
  6. Each power exists within a territory. This is the physical basis.
  7. Local government should be established in the local community region.
  8. It unites municipal power and state power, and also requires work in one direction, a single policy.
  9. They have the right to determine the degree of legal liability of perpetrators, and to enforce coercive measures prescribed by law.
  10. Municipal authorities are established by the Constitution of the Russian Federation and are protected by state laws.

What is the dissimilarity

Consider what are the differences between state and municipal authorities:

  1. The first is supreme and sovereign, and the second obeys it.
  2. The competence of municipal authorities and state have differences.
  3. Local authorities do not have sovereignty.
  4. Municipalities do not establish their rights.
  5. Sources of finance from the government and municipal are individual.
  6. Local councils represent only local interests; they cannot be responsible for the state.
  7. The municipal council resolves issues of a local nature, state power - issues of state level.
  8. The municipality has its own financial and budgetary funds as municipal property and the municipal budget.
  9. The state budget and property are the material and budget base of state power.
  10. The municipal council has closer contacts with the population, which in turn has the right to express its will. Not practically engaged in political activities.
  11. Normative acts that are not related to laws are created by municipal authorities and are by-laws.
  12. The composition of municipal bodies is chosen by the people by independent voting.

The interaction of the authorities. What is manifested?

Interaction of authorities

Consider the forms of interaction between state and municipal authorities:

  1. Local council and supreme bodies are closely related.
  2. The solution of emerging general issues requires the creation of commissions and temporary groups.
  3. For constant cooperation, permanent commissions and groups are created.

The principles of interaction between state and municipal authorities:

  1. Act in accordance with established laws.
  2. Work in compliance with your authority.
  3. Joint decisions should be made on the basis of mutual decisions, proposals.
  4. The financial side and the material in solving joint issues is provided.
  5. All contracts and agreements are concluded on a voluntary basis.
  6. Each party is responsible for the implementation of agreements, contracts in relation to the other side.
  7. All information is reported to the public.

Law Interaction

United municipal and state authorities at the legislative level.

  1. According to article 133 of the Constitution of the Russian Federation, the rights of municipal authorities have no restrictions.
  2. Based on Article 12 of the Constitution of the Russian Federation, municipal authorities are recognized and have guarantees at the legislative level. And also they are not included in the system of public authorities, they act within the framework of the established powers.
  3. Federal Law Part 5 of Art. 14, part 3, article 17 states that government bodies and officials do not have the right to direct the work of local councils and interfere with the appointment of officials of municipal bodies.
  4. Article 9 of the Federal Law guarantees the support of the population by the municipal council for the development and implementation of self-government, creating the necessary legal material and financial base. Federal and regional programs are being created for the development of municipal councils.
  5. According to article 133 of the Constitution of the Russian Federation, there are state guarantees for local councils. So, the allocation of additional funds by the state and the compensation of expenses for the implementation of any new programs.
  6. Municipal authorities are empowered at the legislative level for their implementation material and financial resources are transferred. The execution of powers is controlled by the state, in accordance with part 2 of article 132 of the Constitution of the Russian Federation.

Powers for the good of the people

The state and municipal authorities use the separation of powers to implement the main areas of interaction:

  1. Monitoring the implementation of legislation and legal regulation.
  2. Adoption and creation of new development programs.
  3. Differentiation of competence of state and municipal authorities.
  4. The solution of financial and material issues of local authorities.
  5. Preservation of historical and development of local traditions.
  6. Ensure the protection of the rights of the population of the municipality.

Only the joint work of state and municipal authorities guarantees the well-being and the solution of all issues for the people.

Source: https://habr.com/ru/post/E22300/


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