Local self-government (LSG) in Russia solves the problems and problems of local territorial significance. To carry out relevant decisions, a special structure of representative bodies operates. The principles for creating such bodies are laid down in constitutional norms. Nevertheless, the primary sources of power of local self-government are officials, citizens, trade unions and colleges, from which representative bodies repel their work.
General information about LSG bodies
The self-government structure is formed by several representative bodies, among which the administration, the head, the deputy corps, control and accounting entities, etc. Depending on the charter of a particular entity, secondary bodies may be vested with their own powers to solve certain problems. And, on the other hand, there are obligatory bodies and officials of local self-government - the technology of their structuring is the same for most municipal structures. In this list, we can distinguish the head of education and administration as an executive body.
It has its own nuances and the procedure for the distribution of powers. For example, the charter of a district and settlement, which is the center of administration of a municipal district, may well provide for the expansion of the powers of this body. That is, the formation of the local district administration will be carried out in such a way that the administrative center will also be endowed with the powers of the governing body of the said settlement. In such cases, the settlements themselves do not have their own administrative centers, and their local head is introduced into the representative municipal body and subsequently acts as its chairman. As you can see, local charters can adjust the standard procedure by which local government bodies, officials and administrative centers are formed. But, for example, the organization of accountability, the establishment of terms of office, accountability and other issues of the basic organization are determined only by the law on the subjects of the Russian Federation.
Local administration
The administration is directly involved in solving local level problems. This body is administrative and is endowed with sufficient authority to perform certain state tasks, which are transferred to self-government bodies by decrees and laws of the Russian Federation. From a legal point of view, the local administration is jur. a person, that is, is vested with all his rights. Within a certain framework of its authority, the administration may engage in the formation of local government, officials and governing bodies. However, the composition of the local administration is formed by the municipality, and on the proposal of its head.
In turn, the head may be appointed by the representatives of the tender committee. It is also, in a sense, an organ that allows the formation of a management structure for the administration. It is worth noting that in urban districts, municipalities and formations with intra-city structuring at the federal level, at least the main part of the commission's representatives will be appointed by the municipal authorities. The second part of the commission’s representatives is formed by an official of the highest level in a particular subject. If we are talking about intracity territorial objects, then one part of the election commission will be appointed by local authorities and officials, and the second - the administrative center of the district center or district.
What are LSG posts?
Directly the officials in this structure should include the aforementioned head of administration, the head of the municipality and deputies. Depending on their status, they receive a certain set of powers and are responsible within the framework established by law. In any case, an official of local self-government is a contracted or elected person who has executive and administrative powers that enable him to solve local problems. In some cases, an official may participate in the formation of individual LSG bodies. As already noted, they can represent members to the tender committee. There is also a position of deputy for the positions of local self-government.
Elective positions involve the election of a person to a specific place on the basis of suffrage. Elections are held in the process of secret ballot. An alternative to this method of occupying a position is the appointment of a representative body or a competitive commission. As for the contractual basis, usually in this format officials of the local self-government of the Russian Federation working as heads of the local administration work. The duration of the contract is determined by the local municipal authority, but for a period of at least 2 years.
Head of Municipality
This is the highest position in the structure of the municipal formation, endowed with its own list of powers under the law on the subjects of the Russian Federation. The head may be elected in the framework of municipal elections by representatives of the competitive commission or by representatives of one of the territorial bodies of LSG. In small internal settlements included in the urban infrastructure, the key official of local self-government is, in essence, the head of administration appointed by the assembly of citizens. If elected at the municipal level, the head is included in the representative composition of the municipality and serves as its chairman. However, this person cannot perform the functions of the head of administration and the chairman of the municipality at the same time.
It is important to consider that not every citizen can be elected to the post of chairman in a municipal formation. This must be a citizen of the Russian Federation, who at the time of election meets the requirements of Law No. 171. If the election is held by a competition committee, at least two candidates must be registered. Also, the conditions of the competition may include requirements for professional skills, by which a potential local government official will be evaluated. The law under number 171 allows the possibility of substantiating the choice of a candidate according to the criteria for the availability of education and knowledge, preferred for a particular position in the system of LSG bodies.
Deputies to LSG
A deputy is an elective position, which is ensured by the conditions for the unhindered fulfillment of direct powers. The term of election in this case is chosen by the bodies of the local municipality, but it should vary within 3-5 years. The law on the subjects of the Russian Federation also provides for the possibility of changing the duration of deputy duties, powers and even the election procedure. But this applies to deputies who are elected. And here it is important to divide the status of this post into two types. As a rule, a deputy is an elected official of local self-government who constantly performs functions within the framework of the charter. But he can also be represented as a member of the deputy corps representing the municipality, which exercises its powers on an intermittent basis.
It is worth emphasizing that any powers of a deputy to varying degrees have guarantees established by the charter of the local municipality. In addition, social guarantees can be established under the law as a supplement - for example, related to the termination of powers. Especially the extension of guarantees applies to cases when the powers of a local government official expire ahead of schedule. In the process of fulfilling their duties, deputies are required to comply with the prohibitions and restrictions that are specified in law N 273-FZ. In particular, this applies to anti-corruption measures.
Powers of Officers
As for the deputies, their powers are oriented towards providing opportunities for representing the interests of local residents in the Duma. In the framework of their activities, they receive voters, organize meetings with representatives of the public, trade unions, labor collectives, etc. On the other hand, the deputy also represents his LSG body to voters within his constituency. The head of the municipality has broader powers. First of all, he also represents a self-government body, but already in relations with other municipalities and authorities. He may act on behalf of his municipality without a power of attorney. At the same time, the powers of the officials of local self-government bodies located in the places of the heads make it possible to sign and make public documents normative acts that were adopted by the center of the municipality. Within a certain framework, he can publish his acts. If necessary, the head of the local government also has the right to convene unscheduled meetings of the municipality to solve extraordinary local issues. The powers of the heads of self-government and deputies terminate at the time of the election of other persons to these posts.
Responsibility of Local Government Officials
Both the governing structures of local self-government and individual officials, when deviating from the norms established by law and the charters, can be held responsible to varying degrees. As for the grounds, they are based on the charter of a specific education, which is regulated by the law on the subjects of the Russian Federation. Within the framework of statutory regulations, for example, the population of a municipality may recall a deputy or a faction. The same scheme ensures the responsibility of bodies and officials of local self-government in relation to state structures, only in this case the quality of the implementation of direct instructions from the highest authorities is also of importance. Their violation may be an occasion to hold accountable under the law. If the relevant court determines that the representative body, for example, adopted an act that is contrary to the laws of the Russian Federation or the local charter, then the top executive body may dissolve this body. This means that the responsibility of local authorities and officials is to a large extent determined by the quality and integrity in the exercise of authority. But you should also take into account the time frame in which decisions on the onset of responsibility are made. For example, after the issuance of a legal act that is contrary to laws, an official or self-government body can avoid responsibility if this document is canceled within 3 months.
What issues does local government decide?
It has already been noted more than once that officials and LSG bodies are engaged in solving local problems. However, their nature may vary depending on many factors. The most common issues include consideration of budgets, their approval, execution and control of spending. By the way, there is a responsibility of bodies and officials of local self-government, which occurs when fixing violations in the conduct of accounting activities. It is also worth noting the establishment and correction of the tax collection system, which has its own characteristics depending on the region.
Some issues relate to the disposal of property that is owned by a particular entity. Local administration bodies also deal with the problems of organizing engineering and communication networks - gas, heat, water supply, etc. Road activity is also within the framework of local government - at least in adjacent sections of roads. Depending on the hired or elected official, local government or other governing structure, authorized persons must monitor the condition and use of roads within the boundaries of managed settlements.
The gathering of citizens as an instrument of self-government
Ordinary citizens can also take an active part in the activities of self-government, and not only through elections. The law provides for a civil gathering format, which can be carried out in several cases. For example, the reason for such a gathering may be the question of adjusting the boundaries of the settlement, which includes a particular settlement. This is especially true in cases where the question is raised about the transfer of a settlement or district from one entity to another. Also, in settlements with a population of no more than 100 people, the issue of the abolition of the settlement, subject to the subsequent resettlement of citizens, can be immediately decided. More importantly, the gathering does not have to have legal force. The will of the meeting can be carried out by an elected official of local self-government - it can be the same deputy who will reflect the agreed decision at the next Duma meeting. If it is planned to give the legal status exactly the decision taken by the meeting without the participation of intermediaries, then the law prescribes as a condition that more than half of the participants in the meeting must have suffrage as residents of the specified settlement. In addition, the decision will be valid if more than half of the participants at the gathering vote for it.
It is worth noting another form of decision-making - at the local level, such a tool as a referendum may well be used. For its implementation, the presence of a sufficient number of local residents, who at the same time have the status of voters, is also necessary. The decisions themselves should not contradict the laws, as well as the current charter of the municipality. And, again, the option of conducting an initiative through a deputy is not ruled out.
Conclusion
The laws clearly set out the standards and procedures by which self-government is carried out, as well as the formation of its structure. But there also remains room for the correction of individual rules based on the specifics of local conditions and current circumstances. Especially for such cases, charters are introduced that are completely drawn up by local self-government bodies, of course, with an orientation to the Constitution and existing laws. Opportunities for an individual approach to the implementation of administrative activities, for example, can be expressed in setting deadlines for which a local government official is chosen - this may well be 2 years or 5 years. The choice of a specific period will be determined by the state of the economic part, personnel policy, etc. Moreover, for individual entities, special conditions for the organization of self-government are prescribed even at the legislative level. Similar rules apply, in particular, for science cities, closed administrative-territorial centers, border areas, etc. Moreover, the correction of the same charter in such cases determines not only the normative approach to the organization of the formation of bodies and officials in the structure of the municipality, but also individual provisions in terms of the implementation of business strategies. However, there are general mandatory standards of municipal governance, which cover special regions.