The representative body of local self-government is ... The head and representatives of local self-government and their powers

Representative (legislative) bodies of local self-government occupy a central place in the system of territorial power. They are elected structures and are empowered to represent the interests of citizens, to make decisions on their behalf that are binding on the territory of the Moscow Region. Let us further consider the features of representative bodies of local self - government of the Russian Federation.

General information

The members of the representative body of local self-government - these are special subjects - deputies - expressing the will of the entire population living in the Moscow Region. They ensure the implementation of the rights of citizens who voted for and against them, as well as those who did not participate in the elections at all, but who are members of the local community. Being representatives of the entire population, deputies should take into account the opinion of different social strata in their activities and their decisions.

Financing

The costs of ensuring the work of the representative body of local self-government of a municipality are fixed by a separate line of the budget in accordance with the federal classification. Disposal (management) of funds in any form during budget execution is not allowed. The exception is cases of financing the direct activities of members of the representative body of local self-government. This requirement is aimed at preventing unauthorized spending of budget funds.

Status

Representative bodies of local government receive the rights of a legal entity and separate property. In addition, they:

• On their own behalf, they acquire and exercise rights (property and non-property).
• They can participate in legal proceedings in the status of plaintiff, defendant.
• They have a seal, stamp, letterhead with the appropriate symbols, settlement accounts with banks and credit institutions.

General formation rules

The main way to create representative bodies of local self-government is through municipal elections. The entire population is involved in them. The specifics of the formation of a representative body may vary depending on the number of resident citizens.

A legislative structure is not formed if in a settlement the number of residents vested with suffrage does not reach 100 people. In such situations, the powers of the representative body of local self-government are exercised by the gathering of citizens. If the number of residents entitled to suffrage is more than 100 people, legislative elections are organized.

The gathering of citizens determines the number of members of the representative body and the duration of their powers. If no initiative has been received from the population, these issues are resolved on the basis of the provisions of regional legislation.

Ways to create

The Federal Law No. 131 provides for two options for the formation of a representative body of local self-government. It:

1. The choice of deputies by the population. This option is considered the main one. In this case, the number of deputies of the representative body of local self-government elected from one settlement should not exceed 2/5 of the total number of its members.
2. The formation of the body of the heads of settlements included in the municipal district, and deputies elected with an equal representation rate without taking into account the population.

The second option is implemented if the corresponding initiative was supported during the year from the date of its nomination of at least 2/3 of the settlements. A proposal to apply this procedure for creating a legislative structure should be formalized by a decision of the representative body of local self-government located within the boundaries of the district. This act should indicate the norm of representation, the date of the start of the legislative structure. In this case, the latter cannot be established earlier than the day of expiration of the term of office of the body formed by the first method.

Nuances

A representative body of local self-government may exercise its powers upon election of at least 2/3 of the statutory number of members.

The newly formed structure is going to its first meeting on time fixed by the charter of the municipality. Moreover, it should not be more than 30 days from the date of formation of the body in an authorized composition.

Membership

The number of deputies of the legislative body of the municipality is determined in the charter of the MO. Moreover, the Federal Law No. 131 may establish limits for this number depending on the type of municipality.

So, the number of members of the legislative structure of a settlement, urban district, including, should not be less than:

• 7 people, if less than 1 thousand inhabitants live;
• 10 pax - with a population of 1-10 thousand people;
• 15 - 10-30 thousand inhabitants;
• 20 pax - 30-100 thousand people;
• 25 - 100-500 thousand inhabitants .;
• 35 pax - More than 500,000 inhabitants.

The composition of the representative body for the municipal district may not be less than 15 deputies, and for the intracity territory of the city the federation. values ​​are less than 10.

Competence

The legislation establishes a list of issues that are the exclusive responsibility of the representative body of local self-government. It:

1. Adoption of the charter of the Ministry of Defense, making amendments and additions to it.
2. Approval of the budget and reports on its implementation.
3. Establishment, cancellation, change of local fees in accordance with the provisions of the Tax Code.
4. Adoption of municipal development programs, approval of reports on their implementation.
5. Determining the order of disposal of municipal property.
6. Establishment of rules for the adoption of decisions on the formation, liquidation, reorganization of municipal enterprises, the tariffing of their services and work, except in cases stipulated by federal law.
7. Approval of the order of participation of the Moscow Region in inter-municipal cooperation.
8. Determining the order of organizational, material and technical support for the work of local authorities.
9. Monitoring the implementation of territorial bodies and their employees powers.
10. The decision to dismiss the head of the Moscow Region.

Additional authority

Other issues, the solution of which may fall within the competence of the representative body, are established by federal legislation, laws, charters of subjects and municipalities. The legislative structure in accordance with the specified regulatory documents may be empowered with:

1. Making decisions on organizing and conducting a local referendum.
2. The implementation of legislative initiatives in a representative body at the regional level.
3. The appointment of elections of deputies.
4. Listening to reports submitted by officials of the administration of the Moscow Region, heads of municipal organizations, institutions, enterprises about their current work, making submissions on them.
5. The appointment of the election of the head of the Moscow Region.
6. Establishment of rules for admission to and dismissal of heads of municipal organizations, institutions, enterprises.
7. Approval of territorial planning documentation and other urban planning acts.
8. The appointment of a vote on the recall of a member of the legislative body, the head of the Ministry of Defense, on the transfer of the boundaries of the municipality and its transformation.
9. Approval of the rules for the implementation of the legislative initiative by citizens.
10. Organization and holding of hearings initiated by the population living in the municipality or the legislature.
11. Determining the order of appointment and the rules for conducting a population survey.
12. Approval of the structure of the administrative apparatus of the Moscow Region.
13. Establishment of the organization of a meeting, conference of citizens.
14. Creation of a controlling body, determination of the regime and conditions of its activities, as well as its powers.
15. Establishment of terms and procedure for considering appeals from the population to local authorities of the Moscow Region.
16. Approval of the list of MO property objects, the creation and transformation of which requires the consent of the legislative structure of the MO.
17. Establishment of rules for the privatization of municipal property in accordance with the provisions of federal laws.
18. Determining the procedure for organizing an open tender for the placement of a municipal order, the financing of which is carried out on budgetary funds.
19. Establishment of rules for attracting borrowed capital, including through the issue (issue) of securities).

Functions

The legislative body of any municipality performs 3 functions:

1. Control
2. Constituent.
3. Law-making.

The first is to oversee the implementation of legislation and other legal acts. The constituent function is expressed in the approval of the election procedure for the head of the municipality, the formation of power structures in accordance with the provisions of the charter of the Ministry of Defense. The key function is rule-making. It involves the adoption by the representative body of local self-government of acts binding on the entire territory of the municipality.

Features of the rulemaking process

Legal acts adopted by the representative body are transferred within 10 days to the head of the MO for signing and promulgation. This official is authorized to reject the document. In this case, he also returns to the representative body within ten days with a reasoned refusal or with proposals for amendments or changes.

In case of rejection of the act by the head of the municipality, the legislative structure should review it again. Upon approval of the document in the previously adopted wording (no change) by a majority of at least 2/3 of the established number of deputies, the head of the municipality must sign it within 7 days and make it public.

Specificity of the control function

Supervision of a representative body is the most important area of ​​its activity. Control can be carried out for:

1. Budget execution. Financial control may be current, subsequent or preliminary. In the latter case, in the process of discussion and approval of acts on expenditure-income items, other decisions related to budget issues, an analysis of the consequences of their adoption is made. Within the framework of the current control, meetings of committees and commissions formed with a representative body are held. Subsequent supervision is carried out in the analysis and approval of budget execution reports.
2. The implementation by authorities and employees of the powers related to the resolution of issues of territorial significance. The legislative structure at its meetings hears reports of the head of the Moscow Region and the administration on the results of their work, other bodies of territorial self-government, including on the solution of the tasks set by the representative body itself to them.
3. Compliance with the provisions of legal acts adopted at the municipal level. If necessary, the legislative body makes decisions on making amendments and additions to these regulatory documents, and conducting checks on their implementation.
4. Compliance with the order of disposal and management of property of the municipality. This type of control is considered generalizing. In the course of it, both financial and legal verification is carried out.

Work organization

It is carried out in accordance with the provisions of the charter of the Ministry of Defense. The head of the municipality is responsible for organizing the work of the legislative structure. If this person acts as the head of the administration, then a chairman is selected from the members of the representative body. It is he who is vested with the authority to organize the activities of the legislative structure.

For preliminary analysis and preparation of issues included in the agenda of the session, assistance in the implementation of decisions, monitoring their implementation, committees, commissions and other structural units are formed.

Chairman's Tasks

Head of the representative body of local self-government:

1. Coordinates the preparation of meetings and issues for discussion.
2. Holds meetings.
3. Approves the routine of the body.
4. He acts as a representative of the legislative structure in cooperation with the local authorities of this and other municipalities, organizations and citizens.
5. Convenes meetings, brings to the attention of officials the time and date of their holding, as well as the draft agenda.
6. Manages the legislative apparatus. The Chairperson has the right to hire and fire employees, impose disciplinary sanctions, and decide on incentives.
7. Coordinates the work of commissions and committees.
8. Signs the minutes drawn up during the meetings, other documents adopted by the representative body.
9. It implements other powers provided for in the charter of the Moscow Region and the regulation of the legislative structure.

Representative Body Meetings

Their frequency, the order of holding are fixed by the charter of the municipality or the regulation of the legislative structure. Meetings are the main form of activity of the body. It is not considered eligible if less than half of the elected deputies participate in it. Meetings should be held at least 1 time in 3 months.

Discussion of issues on the agenda is open. Thanks to this, any interested person can attend the meeting. Federal law, however, provides for cases where discussions are held behind closed doors.

At meetings, each deputy has one vote. Decisions are made by open vote.