In order for the people to be able to rule their country, the democratic system of power includes local self-government. This is observed in any municipalities. These can be villages, cities, and if the settlements are very large, then only parts of cities - for example, neighborhoods. The logic is as follows: there is state power - this is a government that is far from the people, but municipal power is (ideally) the people themselves, working for their own benefit. True, the powers of the executive bodies of local self - government extend only to the territory of their locality, and decisions are subject to the rules and laws applicable to all.
We decide, manage, control
Local government is responsible for solving a fairly wide range of issues related to the property of the municipality. People choose representatives of power on their own, expressing their will directly. For this, various self-government bodies in a particular area are provided.
Thus, the following issues can be resolved:
- providing everything necessary for the correct operation of kindergartens, healthcare facilities, educational institutions related to public order;
- use, maintenance of non-residential, housing stock in the possession of the municipality;
- maintenance of utility networks;
- road construction and maintenance in adequate condition;
- landscaping, improvement of the village.
Property and money
Based on the foregoing, it is clear that municipalities own various objects. The most significant houses, buildings, land. This is all housing that has not yet been privatized, as well as used for educational, cultural institutions, hospitals, and other industrial facilities.
Money is also important for the municipality, therefore, they regularly form a budget, writing down what incomes are planned, expenses are possible. The funds come to the budget at the expense of taxes and other fees introduced in the territory, penalties, leasing of objects, and receiving part of the profit of local enterprises. Municipal budgets are also fed through subsidies.
How is it structured?
Public authority is a structure of two levels: state, local. The next step in the hierarchy is non-state executive bodies of local self-government in the Russian Federation. It is customary to include all those bodies in whose area of responsibility are functions related to the management of the territory, an order, and the execution of laws. The most significant activity of the executive bodies of local self - government is a guarantee of compliance with federal laws and regulations adopted at a lower level in the territory under their jurisdiction. These are local documents establishing rules and regulations on the territory, as well as operating at the level of the subject of the Russian Federation.
Executive bodies of state power and local self-government have competence, charter, and functionality. In a word, these are fully formed structures for ensuring executive power on the ground. Usually the city hall or administration acts as such power.
How much and how does it work?
The interaction of executive authorities and local self-government through a hierarchical structure of power is ensured. At the same time, it is fundamental that the executive power is concentrated in the hands of the head of the city administration - a chosen one of the people chosen to express the will of the population.
The local administration is called upon to ensure that federal laws are respected. Her task is to formulate a budget, approve it and implement it. Executive bodies of local self-government are engaged in the property of the municipality, managing it ideally so that the buildings are maintained in good condition, regularly maintained and repaired. Finally, in the area of responsibility are the programs of economic and social development of the jurisdictional territory. Undoubtedly, having formed such programs, the executive bodies of local self-government should do everything possible to bring them to life. The greatest responsibility lies with the head of this body, that is, the head of the administration.
What's inside?
The internal organization of the executive bodies of local self-government is a hierarchy in which there are almost always the following steps:
- the head, that is, the one who directs the work of the body, as well as the deputies appointed to the official;
- administrative apparatus, which includes the main staff, compiling acts of the executive bodies of local self-government;
- committees, other units;
- the units of the executive branch responsible for particular areas are usually referred to as territorial.
A head for everything!
So, there is a federal executive body of local self-government, and there is the most important person here. It is he who is responsible for how the government works, controls it, ensures the settlement of various issues, signs the budget and approves various programs.
In our country, sole management is widely applicable, and representative and executive bodies of local self-government will not be an exception. There is a chapter to which everyone is subordinate and to which they are obliged to report regularly: how, what, how much has been done, is it effective. On the other hand, the head of the administration does not just control whether representative and executive bodies of local self-government are working well. If something goes wrong, ask him personally: according to the laws, the responsibility rests with the manager personally.
And what can be done?
The charter adopted in this area tells about what and how the main person in the administration of the settlement will be responsible. Usually it is indicated in it that the head should form the budget and control so that the financial program is realized. In addition, it is he who manages all the objects in municipal ownership. This can be done through subordinate bodies, or it is possible independently, directly. By the way, this is not so little. In municipal ownership, usually a lot of various institutions, enterprises. In a word, there is where to roam.
In addition to the above, the head of the administration monitors the observance of the rights of citizens and their freedom in the territory under their jurisdiction. He controls the legality of what is happening in the zone entrusted to him. If necessary, the head may cancel a particular act issued by a subordinate body, as well as initiate work on any program or document to the benefit of the municipality. In the area of the department of the head of administration - the conclusion of agreements, arrangements aimed at the benefit of a trusted territory. Finally, the head of the executive body of local self-government rewards subordinates to him, punishes, calls for responsibility. These include municipal workers.
Laws and Appointments
The law on local self-government adopted in 2003 tells about who the executive body of local self-government can manage. In particular, the 37th article is devoted to the question of choosing a chapter. It says that the head of education can also be the head of the administration, and also that it can be the person with whom the contract is concluded. The second option is possible if the position was vacant, a contest was held to fill it and the best candidate was selected as a result.
When a competition is organized, the task of carrying out the procedure under the law rests with the executive body of local self-government. It is first necessary to document what the competitive process is, that is, how it is permissible to conduct this event. Usually approve a special provision. Next, you need to select personnel for the commission, after determining how many people are needed for the correct work.
It should be remembered that not all members of the commission are appointed by the municipal executive body, some are provided by the choice of the legislative body of the subject where the event is held. This is based on a decision of the highest official of the territory. Further, the commission analyzes the applicants and selects the best, approves what conditions should be prescribed in the contract with the future manager and accepts an approximate contract. The head of the administration forms his idea of the structure of the body subordinate to him, and the commission has the right to approve the project or send it for processing. It is also such a commission that has the right to initiate the termination of a contract concluded with a manager.
Chapter: who he is
As already mentioned, the local government is subordinate to the head. One can be elected in the course of municipal elections, as stated in the 36th article of the law on local self-government adopted in 2003. As an alternative to elections, a decision is made in favor of one of the members of the administration.
If elections were organized during which some official took the place of head of administration, then his vote in the future will be decisive at meetings held by the authorities. This manager can head the administration or take the post of chairman of the representative body. But it is impossible to split into two seats: either the head of the administration, or the chairman. Both that and another post to the same person according to the law it is forbidden to occupy.
Divide and rule
The described system has become the best at the moment the embodiment of the idea of a fair division of power. However, if we are talking about small settlements - for example, rural settlements, then the situation is special. In such places quite a few people live, so two heads are perfect for nothing. It is enough to choose one manager who will combine two positions, being both the chairman and the head.
Having firmly established himself in the new chair, the chapter may:
- Represent the area in other regions, municipalities, in government, enterprises, as well as in front of citizens. Such a boss does not need a power of attorney, since the representative function presupposes the existence of all rights and powers. This means that the head will be able to sign papers and announce positions on various issues. An exception is those cases that have been marked in the law as special.
- To sign legal acts adopted by subordinate structures, as well as to make them public, subject to the charter of the territory subject to it.
- Issue acts, but without violating the boundaries of authority.
- To convene meetings not on time, but earlier, if necessary.
To whom and how?
It should be noted that these powers apply to all heads of municipalities without exception. It doesn’t matter what method a particular manager came to power in, it doesn’t matter which organ is headed by an official.
Each individual municipality has its own, original charter. Such conditions and possibilities may be spelled out in it that expand the powers of the official managing the territory. Moreover, extensions can apply only to those who are entrusted with executive power, to those who are entrusted with representative power, as well as to all at once.
Additionally, it should be noted that the official who heads the municipality must report to the population living in the territory entrusted to him and be controlled by the people. In addition, the representative body also has the right to demand a report from the local executive authority.
Laws are not random
The laws of our country are consistent and logical. Already from what the structure of the state as a whole is, what regulatory acts are in force throughout Russia, it logically follows that local administration should be carried out separately with functional limitations of each element of the government hierarchy.
The main purpose of the existing management apparatus is to ensure the correct operation of the municipality. It was with the aim of achieving effective management that the local executive authorities were introduced. At the same time, legal scholars argue that to this day, local self-government in Russia is not sufficiently developed, the system needs to be substantially improved. However, the current apparatus, even if it works (at times, I must admit, through a stump deck), has been studied quite incompletely by science. In fact, they only say that the local government is executive, administrative, has certain powers. It is extremely rare to see scientific works devoted to the development of this apparatus and improvement.
Empowerment and development vector
It must be remembered that one of the most important regulatory acts in our country is the Constitution. This means that the local executive branch must strictly obey this document. Management features in municipalities are spelled out in article 132. It lists what exactly the head of the municipality can take upon himself. This means that no authority beyond this, other than those established additionally by local legal acts, is unacceptable. Otherwise, we will talk about abuse of authority, which is a violation of the law in Russia.
Another important aspect is that local self-government is a power chosen by the people, from the people and for the people. This means that the main task of officials is to defend the interests of those who brought them to power. Even if in practice this does not always happen, it is necessary to strive for it. In many ways, the principles of local self-government are dictated by the ideology of democracy, which for our state is a key area of development, as well as the pursuit of justice. And in order for the people to rule through elected representatives, it is already possible within the law to dispose of enterprises, educational and health institutions, in such a way as to achieve the prosperity of the territory under their jurisdiction.