Municipal law, like any other industry, is a set of interconnected rules of law that regulate and consolidate a specific circle of social relations. It is based on constitutional and administrative law. The principles of functioning of any local government (that is, local authorities) are based on them. You can also observe a lot of borrowing from other industries. Municipal law is a relatively independent scientific discipline. Included in the program of all legal courses. Studying it for law students is a must.
The concept and subject of municipal law.
The main condition for the development and formation of municipal law is subject specificity. Municipal law, of course, has its own subject. It's about public relations that are forming in the field of local government. There are certain circumstances that must be considered when determining the subject. First of all, such circumstances include the fact that this branch of law is complex, the relationship with other sectors is obvious. For example, constitutional and municipal law have a direct relationship, which consists in the subordination of the second to the provisions prescribed in the first.
The subject of municipal law, one way or another, includes those relations, which in most cases are regulated comprehensively - that is, immediately by several industries. In this regard, some of the norms of various industries are the norms of municipal law. In general, he regulates the system of relations of private law and, of course, publicly legal nature. In the first case, everything is connected with entrepreneurial activity of various kinds of municipal enterprises, relations between legal entities and individuals with local governments.
Public law relations are related - this is the interaction of municipal and state government bodies. Municipal law is commonly regarded as a combination of various kinds of legal institutions of a complex nature, that is, they regulate a variety of social relations. Also, under municipal law is understood the totality of norms and institutions that arose in the process of lawmaking of municipalities, the Russian Federation and its subjects. Municipal law most fully reflects the interests that are being formed and regulated at various levels of public authority, control the interaction of these levels, and check the balance of interests.
In general, this branch of law regulates social relations, which can be divided into several groups:
- arising when the municipal government acted as an institution of democracy;
- arising when individual citizens or local governments were engaged in the implementation of the law ;
- arising due to the actions of some local authorities;
- arising as a result of actions of persons having official powers provided by local authorities.
It is also worth taking into account the relations that arise when local government interacts with public authorities, or in the process of inter-municipal cooperation.
Municipal law and its sources
Of course, the first on the list is the Constitution of the Russian Federation. In second place are international treaties of the Russian Federation, followed by numerous federal laws, government decrees of our country, and presidential decrees. The sources also include municipal legal acts, decisions adopted at meetings. Judicial and contractual sources of this right are also known.