As Article 10 of Federal Law No. 131 establishes, local self-government operates throughout the Russian Federation. It is carried out in municipal areas, rural, urban settlements, within cities of federal significance. The boundaries and composition of the territories of municipalities determine their structure and appearance.
Terminology features
In the Federal Law No. 131, the concepts "settlement" and "settlement" are delimited. The first concept is used to designate an administrative-territorial unit, the second - varieties of municipal units. Despite their consonance, these categories are different.
The boundaries and composition of municipalities may or may not coincide with the boundaries of administrative-territorial units. In one MO, there may be several administrative units. There is also the concept of a municipal district. In this case, not only the lands of settlements and the territories adjacent to them will be within the boundaries of education . Intersettle zones are also included in its composition. They are territories not related to settlements.
All-Russian Classifier
It systematized the types of currently existing settlements. In the Classifier, for example, the following names are indicated:
- town;
- PGT (urban-type settlement) ;
- resort village;
- village;
- working village;
- village council;
- railway platform;
- station;
- driving away;
- village;
- winter hut, etc.
As a rural settlement, Federal Law No. 131 names one or several settlements united by one territory in which the local population exercises self-government independently or through bodies authorized by citizens.
Controversial moment
In certain regions, the provisions of the Federal Law allowing the possibility of changing the boundaries of a municipality by including the territory of an administrative district in its composition were used to give this district the status of a district. An example is the Ivanovo region. Here, 15 municipalities have changed their status and borders - they have become urban districts.
In order to avoid such anomalies in practice, the wording that disclosed the definition of an urban settlement excluded the provision that a territory or a settlement may adjoin a territory with settlements located on it that are not considered rural settlements.
The reference to "adjoining lands" was also excluded from the law. At the same time, 5 clause 1 of part 11 of article No. 131 was supplemented with a provision that the city settlement may contain territories used for the development of its transport, social and other infrastructure, including villages and towns that are not municipalities.
Determination of the composition and boundaries of the territory of a municipality: general rules
The amendments made to the Federal Law No. 131 prove the unjustified establishment of strict quantitative parameters of the terrain. Despite the relative flexibility of the normative act as a whole, some of its provisions were initially quite rigid. All adjustments regarding the boundaries and composition of the territories of municipalities were carried out on the basis of the practical application of the norms.
Federal Law No. 131 enshrines the requirements for establishing the boundaries of the Moscow Region. General rules are enshrined in 2 parts 10 of the article of the Law. It says that the establishment and change of the boundaries of the municipality are carried out on the basis of the laws of the relevant entity.
Requirements
When regional laws approve the conditions for establishing the boundaries of municipalities, the authorities of a constituent entity of the Russian Federation are obliged to be guided by the provisions of Federal Law No. 131. A similar requirement is imposed in the case of adjusting the composition of territories.
The first principle that regional authorities should be guided in determining, changing borders and transforming municipalities is that the territory of a particular subject of the Russian Federation should be delimited between settlements. This means that in Russia there cannot exist a region within which local government does not operate. An exception, however, may be territories whose population density is very low. They may not be included in settlements.
According to Federal Law No. 131, a density is recognized as low, which is three times less than the national average. Accordingly, if the indicator is three times higher than the average, population density will be considered high.
The government approved a list of territories in which the density is considered low. The list is compiled, among other things, on the basis of information provided by regional government bodies. It can be reviewed no more than 1 time in 5 years.
Territories of settlements, except for urban districts, and occurring in areas with low density or on the territory of discontinued settlements, the structure of municipal areas includes inter-settlement areas. This allows you to create a two-tier system of local government. Rural / urban settlements are created within the district , which, in turn, act as independent municipalities. At the same time, urban districts retain the status of single-level municipalities.
The boundaries of the municipality unite historical settlements, common land adjacent to them, nature management territories, recreational land, as well as areas intended for the development of the settlement.
The territory includes land, regardless of their intended purpose and form of ownership.
The boundaries of municipalities may cover one city / settlement, as well as territories used for the development of infrastructure, in accordance with the general plan.
Population Features
As a rule, there is one settlement (settlement) in a rural settlement, in which more than 1 thousand people live (if the density is high, then more than 3 thousand people) or several settlements with a population of less than 1 thousand. (or 3 for the respective territories), united by one territory.
The locality in which less than a thousand live is usually included in the settlement. The list of relevant settlements should be contained in laws that determine the conditions for the formation and the procedure for changing the boundaries of municipalities .
Additionally
The urban district is not included in the municipal district. Its boundaries are determined taking into account the need to create conditions for the resolution by the territorial authorities of issues within their competence and the implementation of other powers delegated to them in accordance with the law.
The territory of the settlement must be fully included in the municipal district.
Change borders
It is carried out when classifying the inhabited or uninhabited areas of some municipalities to the territories of others. As a result, the border of the municipality is being transformed, to which a plot of land joins and from which it stands out. Accordingly, it is allowed to change only the limits established earlier in accordance with the law.
Changing the boundaries of the municipality is carried out on the initiative of:
- Local government structures.
- Citizens.
- Regional government bodies.
- Federal government structures.
Features of the implementation of initiatives
The decision of the population on the transfer of the boundaries of the municipality is executed in accordance with the procedure defined in federal legislation and the regional law on organizing a referendum adopted in accordance with it.
Initiatives of territorial, regional, federal power structures are drawn up by relevant decisions.
The normative act on changing borders should be adopted in such a way that its entry into force would be either before or after elections to local authorities or a referendum.
The main reasons for the changes
According to the Federal Law No. 131, the procedure for taking into account the opinions of citizens regarding the consequences of changing the boundaries of municipalities, different in social and legal nature, is differentiated.
In practice, such a procedure may be due to various reasons. In particular, changing the boundaries of the municipality is carried out in connection with the expansion of the built-up area, the economic development of the area, the implementation of environmental measures, interethnic relations, etc.
It should be noted that the Federal Law No. 131 established that a decrease in the number of citizens in settlements by less than half does not serve as a basis for initiating the procedure.
Transformation of the boundaries of the municipality
It is referred to in article 13 of the Federal Law No. 131. According to the norm, a transformation is recognized as:
- Association or division of MO.
- Change in the status of urban settlements in connection with the recognition of it as an urban district or the deprivation of this status.
The initiators of the procedures may be:
- Citizens.
- Local government structures.
- Regional or federal government.
The implementation of initiatives is carried out in the same manner as provided for in the procedure for changing borders.
Statistics
Changing borders, as well as transforming MOs, should be seen as a process of implementing constitutional provisions. The Basic Law guarantees municipalities the right to self-determination.
According to statistics, for 2006-2009. The Ministry of Regional Development revealed a change in borders in 378 cases, and the transformation of the Ministry of Defense - in 338.
Settlement Abolition
This procedure is described in article 13.1 of the Federal Law 131.
According to the norm, the abolition of settlements is possible in areas with a low population density in hard-to-reach areas, if the number is less than 100 people.
The corresponding decision should be made at a gathering of citizens who live in the area. The abolition is formalized by making the necessary changes to the regional law, according to which the composition and boundaries of the Moscow Region were determined.
The initiators of the procedure may be:
- Citizens.
- Territorial, federal or regional power structures.
The initiative of the population should be framed by a decision taken at the meeting. Local or regional authorities must approve the relevant regulation.
The abolition of the territory is carried out taking into account the opinions of citizens living within the boundaries of the municipal district. It must be expressed by the representative body in the form established by law.
Amendments to the Law
Federal Law No. 131 has undergone many changes since its entry into force. Most of the amendments were made to mitigate the excessively strict rules enshrined in the original version.
One of them, in particular, established that a rural settlement may include only one settlement, the number of which is more than a thousand people or several settlements, each of which has less than 1 thousand people, united by one territory. For areas with high density, the indicator was 3 thousand people.
Meanwhile, in practice, it often turned out that 2-3 villages with a population of 1,100, 1,150, and 1,050 people were located on a compactly populated territory. At the same time, their division into independent MOs was impractical neither from the economic nor the managerial point of view. In this regard, in December 2004, 6 point 1 of part 11 of article No. 131 was amended. Currently, it is fixed in it that as a part of a rural settlement there can usually be one village or a village in which more than 1 thousand people live.
Settlement Creation
This procedure is regulated by Art. 13.2 Federal Law No. 131.
The creation of newly formed settlements within the boundaries of inter-settlement territories is carried out on the basis of regional laws. The initiators can be citizens, territorial, federal authorities or government bodies of a constituent entity of the Russian Federation.
The initiative of the population is drawn up by a decision approved at the meeting.
Features of the referendum
The decision to convene is taken by the representative body of the territorial authority on the initiative of:
- Citizens with the right to participate in a referendum.
- Election and other public associations, whose charters provide for a similar opportunity.
- The representative body and the head of the administration of the MoD, nominated jointly.
A key condition for calling a referendum is to collect the necessary number of signatures in support of the initiative. The specific amount is set in regional legislation. However, it cannot be more than 5% of the participants registered in the territory of the respective municipality.
The representative body must appoint a referendum within 30 days from the date of receipt of the necessary documents. If the specified period is skipped, the event is appointed by the court on the basis of the appeal of the state authorities of the subject, the election commission or the citizens themselves.
The referendum appointed by the court is organized by the election commission. The event is ensured by the executive structure of state power of the respective region or other body to which the court will assign this responsibility.
Persons residing within the boundaries of the municipality are entitled to participate in the referendum. The population expresses its opinion by direct, equal, universal and secret ballot.
The results of the event and the decision should be made public (published) in official sources.
Execution of the decision
It is carried out throughout the municipality. Approval of decisions made at referenda by any bodies or officials is not carried out.
The structures of territorial authority should ensure the implementation in accordance with the separation of powers enshrined in the charter of the Moscow Region.
The legislation allows the possibility of appealing against the decision on the organization and conduct of the referendum, as well as its results.
Conclusion
Local government is an essential part of the constitutional system of the Russian Federation. It is recognized, guaranteed and implemented throughout the state.
Local government is a form of exercise by citizens of their power. it allows you to independently, directly or through authorized structures of the municipal government, solve local issues taking into account historical and other traditions.
The legal basis of self-government is formed by universally recognized international legal principles and norms, federal laws, regulations issued in accordance with them, Presidential orders, decisions adopted at meetings and referenda.
In the Russian Federation, the powers of federal, regional and local authorities are clearly divided. Federal Law No. 131 sets out a list of issues that may be resolved by the local population. In most cases, they are related to the current problems of the municipality. As practice shows, issues relating to the definition or change of borders, the transformation of municipalities, are rarely included in the agenda.
The ability of the population to independently determine the boundaries of municipalities, their composition, status is the most important constitutional guarantee. It is consistent with other principles enshrined in the Constitution. The Basic Law establishes that the power in the country is exercised by its multinational people. In all populated territories of the state, local government operates. In some municipalities, many decisions are made by citizens, in others, mainly by representative bodies.
In some cases, regional or federal power structures may participate in resolving issues. For example, they can initiate a change in the boundaries of the Moscow Region in the presence of economic or managerial feasibility. However, in any case, the opinion of the local population will be taken into account.
To appeal decisions made by authorities or the results of a referendum, you must contact the court. In such situations, a class action lawsuit may be filed. It is advisable to seek the support of an experienced lawyer.