The issues of organization and implementation of power in the country are inextricably linked with its territorial structure. This is due to the fact that the work of municipal and state structures is carried out within the boundaries of certain administrative units into which the state is divided. Let us further consider the concept of the territorial foundations of local self-government.
general characteristics
The territorial foundations of the organization of local self-government are a special institution. It consists of a set of rules that regulate and consolidate the composition and formation of administrative units, the boundaries of the Moscow Region, the rules for their establishment and change. In accordance with the Constitution, local self-government is carried out in rural and urban settlements, in other territories, taking into account historical, cultural and other traditions. This provision is detailed in the Federal Law No. 131. In a normative act, the concept of the territorial foundations of local self-government also implies the implementation of similar activities in urban districts, intracity territories of the Fed cities. values, municipal areas. It also says that the establishment and change of the boundaries of administrative units is carried out according to the norms of regional legislation.
Municipalities
They are administrative units within which power is exercised. Municipal property is present in the Moscow Region ; management structures created by the population are working. In accordance with Federal Law No. 131, the territorial basis of local self-government is:
- Rural and urban settlements.
- Municipal areas.
- City districts.
The territorial basis of local self-government also provides for the allocation of areas in the cities of the Fed. values. Within these units, the exercise of power is carried out directly by citizens or through elected and other structures.
Settlements
The legal and territorial foundations of local self-government involve empowering municipalities to solve problems related to ensuring the life and work of citizens living in municipalities. A rural settlement refers to one or more settlements. They can be villages, villages, villages, villages, villages, hamlets, villages and so on. In rural and urban settlements, power is exercised directly by citizens or through elective and other institutions of power.
Municipal areas
They unite the territory of several settlements. In municipal areas, the authority of the authorities is exercised on issues of an inter-municipal nature. The settlements included in them, as noted above, have their own terms of reference. Power in municipal areas is also carried out directly by the population or through the structures formed by it.
Urban district
As a rule, they are formed on the basis of settlements of regional, regional or republican significance. The territorial basis of local self-government in urban districts allows you to solve issues relating to both municipalities and the settlements included in them. In addition, certain state powers may be exercised within these administrative units.
The territorial basis of local government: concept and principles
In 2005, the borders of municipalities, rural and urban settlements, municipal districts and districts were established. The territorial basis of local self-government defines key provisions regarding the delimitation of administrative units from each other. They are determined by Art. 11 Federal Law No. 131. Among the key provisions should be noted:
- The territory of the subject of the Russian Federation should be delimited between settlements. Regions with a small population, except for historically established units, adjacent common areas, traditional nature management, recreational and other areas, may not be included in the borders.
- Territories of settlements, including those occurring in areas with a low population density, inter-settlement areas are included in municipal areas. An exception to this rule is urban districts.
The principles of the territorial foundations of local self-government also provide that settlements are formed by historically established lands, adjacent allotments of general and traditional nature management, and recreational sites (regardless of the purpose and form of ownership).
Population
The territorial basis of local self-government is interconnected with the number of citizens living within specific lands. A city settlement may include 1 village or city. In accordance with the general plan, it also includes territories used for the development of transport, social and other infrastructure. The village includes one village / village, the population of which is more than 1000 people. (for areas with high density - more than 3 thousand people.). It can also be a combination of several points, each of which has less than 1 thousand people. Regional law may establish a different rule. For example, the status of a rural settlement can be obtained by a point with a population of less than 1 thousand people. This takes into account the population density of the entire subject and the accessibility of the territory. Areas with a population of less than 100 people, including those with a low population density and located in hard-to-reach places, may not be given such a status.
Borders
The territorial basis of local self-government establishes that a village / city endowed with the status of a district may act as the administrative center of a municipal district. The boundaries of the settlement, including 2 or more points, are set in accordance with pedestrian accessibility. The distance to the administrative center and vice versa for residents of all points included in its composition is taken into account. This rule may not apply to areas of low density and located in remote and inaccessible areas. The territory of the settlement should include the entire settlement. He cannot enter another area. The territory of urban districts is not included in the composition of a municipal district. Borders of districts are determined in accordance with the need to create conditions for solving problems of inter-settlement nature by authorized structures of power.
Nuance
The territorial basis of local self-government establishes a number of rules in accordance with which the settlement acquires the status of an urban district. This is carried out according to regional legislation, taking into account the existing transport, social and other infrastructure, which is necessary for the municipal structures to independently resolve issues related to their jurisdiction, and the implementation of certain state powers.
Features of population density
The territorial foundations of local self-government in the Russian Federation determine the criteria by which the number of citizens is considered small. Regions with a low density, in particular, include areas where the population is more than three times less than the average in all villages of the country. Accordingly, high density implies the number of citizens exceeding the average by 3 times. The list of subjects, individual regions, having one or another characteristic of the number of citizens living within them, is approved by the government. Correction of these lists is allowed no more than 1 time in 5 years.
Change borders
The territorial and organizational foundations of local self-government, established in the Constitution, determine that the transfer of boundary lines between settlements is carried out taking into account the opinions of citizens living within their borders. According to Art. 12 Federal Law No. 131, the change of borders is carried out at the initiative of the population, federal, regional municipal authorities through the publication of the relevant law of the subject. In the first case, a referendum is held. The initiative of state / municipal bodies is formalized by their decisions. The subject’s law should not enter into force during the election campaign to form municipal power structures and during a referendum. Changing the boundaries of the districts, as a result of which individual sections of the Moscow Region will be assigned to another entity, is carried out with the consent of citizens living in them. It is expressed by voting or at a meeting taking into account the opinions of the legislative (representative) government structures of the respective municipalities.
Important point
The Federal Law No. 131 enshrines the guarantee of the exclusion of the initiation of the process of changing the boundaries of settlements by authorities if it entails a reduction in their numbers. Key instructions on this issue are present in Art. 12. Part 5 of the said norm established that a decrease in the number of citizens of settlements by less than half of the minimum number after defining the borders does not appear as a sufficient basis for initiating the procedure for changing them by local authorities, federal / regional structures.
MO conversion
It is an association of entities, their separation, a change in the status of a settlement in connection with the recognition of its urban district or exclusion from this category. The rules in accordance with which the conversion is carried out are established in Art. 13 Federal Law No. 131. According to the norm, these procedures are carried out at the initiative of local, federal, regional structures or the population. In the latter case, the decision is made in a referendum. Decisions of authorities are made out by decisions. The union of settlements, which does not entail a change in the boundaries of other municipalities, is carried out with the consent of the citizens of each settlement. It is expressed by voting or at a gathering. When combining 2 or more districts, in which the borders of other entities are not subject to change, the opinion of the population is taken into account. It is expressed by representative structures of each territory. Separation of a settlement, as a result of which two or more settlements are formed, is carried out with the consent of the population of each of them. It is expressed at meetings or through voting. When dividing a municipal district, the opinion of the population is taken into account. It is expressed by a representative body.
Status change
It is carried out in accordance with regional legislation. The settlement may be recognized by the urban district or deprived of this status. Changing this characteristic is carried out by agreement of its citizens, as well as the population of the area from which it stands out. The opinion of people is expressed through voting. It is carried out separately in the district and settlement. In the absence of consent, the conversion procedure and change of status is not allowed.
Conclusion
The key document defining the territorial and organizational basis of local government is Federal Law No. 131. This normative act details the provisions of the Constitution, which fixes the independence of municipalities in matters referred to their exclusive jurisdiction. As follows from the legislation, the administrative-territorial division acts as an integral element of the state system.