Innovation trends. Zarkovich A.V.
The condition for the development of local self-government, the manifestation of its essence is the current mechanism for the exercise of powers by local self-government bodies in order to meet the basic vital needs of the population living in the territory of a particular municipality. The successful functioning of local self-government depends, first of all, on the effective functioning of local self-government bodies and sufficient financial and material base.
Issues of local self-government are inseparable from the state interest, however, in accordance with the generally recognized constitutional principles of building a democratic, rule of law unacceptable imperative, guiding influence government agencies to local governments. Effective and legitimate is the influence in the form of coordination, stimulation and control, which requires the establishment of a clear, legal mechanism for the interaction of state authorities and local governments, as in federal level, and the level of the subject of the Russian Federation.
The separation of the system of local self-government from the system of public authorities does not yet mean the legitimacy of the conclusion about the isolation of local self-government from government controlled. And interaction should be carried out, first of all, using all the necessary forms of interaction and coordination in order for the functioning of public authority to be effective. Only then does this interaction have the necessary integrity.
Local self-government carries out its activities through bodies created for these purposes. Together they form a single system managed by the subject of management (the head of the municipality). The sphere of management is also determined on the basis of the tasks and functions of local self-government. No management system, including the system of local self-government, can arise on its own; for its emergence, there must be a certain “foundation” of powers. The powers of local self-government are a list of specific rights and obligations necessary for the implementation of tasks and functions for the population, elected and other local self-government bodies, strictly outlined and fixed by the rules of law (the Constitution of the Russian Federation, federal legislation, legal acts of the constituent entities of the Russian Federation and local self-government bodies) local self-government on the territory of municipalities.
It is quite obvious that the development and functioning of local self-government provides for close contact between state authorities of the constituent entities of the Russian Federation and local self-government bodies, coordinated actions between them on various issues.
It should be noted that the problem of interaction is the problem of interconnecting the processes taking place in municipalities with regional processes and the dynamics of the development of the region, the direct consequence of which should be the involvement of the population in the processes of rule-making and enforcement. legal regulations, i.e. development of social and economic initiative of the population.
Management relations in local self-government bodies are diverse. Relations between bodies and officials in municipalities can be defined as intra-system, since they arise during the independent formation of management structures in a municipality, the definition of a system of bodies and their interaction, the distribution of responsibilities between local governments, etc. There are also external managerial relations - with state authorities. For example, in the exercise of state powers by local governments.
Considering the interaction of local governments with public authorities of the constituent entities of the Russian Federation, we can single out the following forms interactions:
1. Coordination and interaction. Coordination (from Latin con (n) - with, together and ordinatio - arrangement in order) means "harmonization, alignment (of concepts, actions, components of something)". Coordination and interaction are carried out in the following main forms:
Holding joint meetings;
Creation and activity of joint commissions, working groups;
Creation and activity of colleges;
Carrying out mutual consultations;
Conclusion of agreements on interaction and coordination of activities;
Mutual representation of the parties;
Adoption of joint normative-legal acts;
Transfer of part of their powers in accordance with the Constitution of the Russian Federation, federal and regional legislation;
Participation in the approval of candidates for the position of the head of the territorial body of the federal executive body.
2. State control over local self-government. It is carried out by federal and regional government bodies and, according to the object of control, can be divided into 2 types:
1) control over compliance with laws, which includes:
Control over compliance with laws on local self-government and, as a result, the establishment of a procedure for judicial protection of the rights of local self-government;
Control over the legality in the activities of bodies and officials local self-government (as well as prosecutorial supervision in this area) and, consequently, the regulation and establishment of responsibility of local self-government bodies and their officials for violation of laws;
Local self-government, although it is an independent link in the system of public power of the Russian Federation, is by no means excluded from the process of government as a whole. The system of public authorities cannot be considered stable until it is backed up by an effective mechanism for the self-government of territories. A citizen of the state is first and foremost a resident, and only then a participant in political processes. Almost all government decisions affecting its interests go through local authorities.
In the process of implementation by public authorities and local governments of their functions, there is an inevitable interaction between these control structures.
Interaction between public authorities and local self-government can be defined as a set of organizational and legal forms and methods aimed at jointly solving both national and local issues. This interaction is based on certain principles that determine the following: what should be the relationship between state authorities and local self-government; what should be the model of behavior in the relations of these bodies with each other; what ideas should underlie them.
The complexity of the problem lies in the need to distinguish between the principles of organization and activities of state authorities and local self-government, and the principles on the basis of which their relationship should be organized. There is a certain similarity here, but there are also differences.
The principles of relationships are derived from the first, organically connected with them, but at the same time they have their own specifics, their own content. Their peculiarity is that they are manifested in the process of interaction between state bodies and local governments. As a matter of fact, their task is to ensure, out of the whole variety of possible relationships, precisely interaction as a necessary condition for optimizing and increasing the efficiency of the management activities of public authorities, which include state authorities and local self-government.
It is possible to formulate the basic principles of interaction between state authorities and local self-government.
1. The principle of legality. It is, of course, fundamental in the relationship between any state and municipal government. Only with strict observance of this principle can we really talk about legal management. Such activity is possible only with detailed legal regulation. public relations arising in the process of interaction between public authorities and local self-government.
2. The principle of expediency. The second most important principle of interaction is the principle of expediency. It is quite natural that any interaction between public authorities and local self-government should have a certain meaning, be aimed at the implementation of national goals. This principle also includes the principle of observance of national interests outlined in some normative acts, referring to it as general to particular. Violation of the principle of expediency in the interaction of state authorities and local self-government, for example, in the case of unreasonable transfer to local authorities of certain state powers that they cannot successfully implement, should be the basis for the cancellation of relevant legislative acts and agreements.
3. The principle of independence bodies of state power and local self-government within their competencies . Bodies of state power and local self-government independently exercise their powers within the framework of their jurisdiction, without the intervention of other bodies. The principle of independence of state authorities and local self-government within their competence does not exclude, however, control by other bodies over their activities.
Independence of state authorities and local self-government means their legal, organizational and financial independence. Within their own competence, state and municipal bodies independently plan and organize their work, make decisions, and ensure control over their implementation.
4. The principle of equality of organs state power and local government. The essence of this principle lies in the fact that: firstly, the bodies of state power and local self-government enter into relationships as equal subjects of law; secondly, local self-government bodies of various municipalities are equal among themselves. Ensuring this principle will minimize differences in determining the scope of powers of each individual municipality.
Thus, equality presupposes a guaranteed minimum of equal rights and obligations of the local community and the ability to acquire and exercise the same scope of powers when they are distinguished. The equality of municipalities is nothing more than the creation of a regime for their equal legal, organizational and financial opportunities.
5. Inadmissibility principle infringement of the interests of others municipalities . This principle is aimed at creating such conditions under which the exercise of powers by one municipality extends only to the border from which the exercise of powers by another municipality begins. The practice of applying this principle will act as a specific indicator that determines the degree of freedom and security of municipalities.
6. The principle of coordination of interests. Compliance with the principle of coordinating the interests of the subject of the Federation and the interests of the municipality is consistent with the limitations of their competence, since each of them must take into account the rights and interests of the other, is obliged to contribute to the normal functioning of both state authorities of the subject of the Federation and local governments, the implementation of their powers. This principle in more Of all the principles, it is subject to legal regulation and on its basis a mechanism of interaction can be created, since the basis of mutual actions can only be the voluntary consent of the participants in the relationship.
The semantics of the word “agree” means to discuss, develop a common opinion about something, get agreement on something. Consolidation of such unity and consent by legal means will contribute to the effective joint activities of state bodies, that is, their interaction.
In practice, this is achieved by informing each other about work plans, ongoing activities, documents being developed, as well as by coordinating plans, actions of state bodies and their structural divisions in order to solve common problems. To carry out these functions, state authorities and local self-government bodies create special conciliation or coordinating commissions, or they themselves undertake their implementation. Finally, an important role is played by monitoring the progress of the implementation of agreed activities, during which an assessment is made of what has been done and the compliance of the implemented decisions and agreements reached. Based on the results of the control, deviations from the specified state are eliminated or the solution that determines this state is corrected.
7. Resource principle. It is aimed primarily at providing local self-government bodies with the necessary for them to implement the powers assigned to these bodies, both state ones transferred to them and related to the subjects of their jurisdiction. This principle is usually enshrined in all laws of the subjects of the Federation on the transfer of certain state powers to local governments. It is also included in the draft Federal Law "On general principles empowering local self-government bodies with separate state powers in the Russian Federation”. At the same time, it should be borne in mind that we should be talking not only about the allocation of the necessary financial resources, but also about the availability of other resources: material, human, legal, etc.
8. P principle of mutual responsibility. In the relationship between state authorities and local self-government, we should talk not only about the responsibility of local self-government bodies to the state, but also about the responsibility of the state bodies themselves.
9. The principle of publicity. The principle of publicity of the conclusion of contracts, agreements means a guarantee of the protection of the rights of the municipality, since complete information makes it impossible to unilaterally change the mutual rights, obligations and responsibilities established by contract.
It seems that in order to improve the efficiency of the state and municipal government these principles should be enshrined at the legislative level.
The principles of interaction between public authorities and local self-government are, as noted above, basis, on which all relationships between these bodies, legal forms and mechanisms of their interaction should be built. At the same time, in the absence of specific norms, public authorities and local self-government bodies should be guided by general principles.
The problem of interaction between public authorities and local governments in conditions when local government represents a relatively independent institution of power, organizationally isolated from the system of state bodies, is especially important. Therefore, it is necessary to dwell on the study of the features of interaction between the two levels of government (regional and local) in sufficient detail.
The interaction of public authorities and local self-government implies that they, as partners, are at least equal in relation to the main object of management, and it is carried out in order to achieve common purpose- improving the level and quality of life of the population of each municipality and the region as a whole. In turn, the interaction of regional authorities with local governments largely determines the effectiveness of the implementation of regional policy - the solution of economic, political and social problems of the development of the municipality and the subject as a whole. On the other hand, such interaction ensures the effectiveness of municipal policy, contributing through the solution of issues local importance implementation of state tasks: strengthening the foundations of democracy, creating conditions for ensuring the vital interests of the population, carrying out measures for the social protection of the population, stabilizing the political system, training personnel for municipal bodies.
Today, the interaction of regional state authorities and local self-government bodies is based on following principles:
legality;
Combining the interests of the population of the subject and the corresponding municipality;
taking into account historical and local traditions;
Independence of local self-government bodies within their powers;
· Mutual consent of public authorities and local governments in the development of a joint decision;
· availability of financial and material resources in the implementation of issues that require a joint solution;
voluntariness of the conclusion of contracts and agreements;
mutual responsibility;
publicity.
1. legal regulation organization and activities of local self-government and control over the implementation of relevant legislation;
2. development and adoption of regional programs for the development of local self-government;
3. improving the delimitation of the competence of state bodies and local governments;
4. ensuring the financial and economic basis of local self-government;
5. promoting the preservation and development of historical and other local traditions;
6. protection of the rights of citizens to exercise local self-government.
The interaction of state authorities and local governments of the subject of the Federation is carried out in the following main organizational forms ah: firstly, the main interacting structures are the bodies of state power and local self-government; secondly, joint temporary groups and commissions are created to solve one-time joint issues; thirdly, permanent working groups and commissions are created to address issues that require constant interaction; fourthly, on issues relating to all municipalities of the region, joint work is possible through associations of municipalities, for which they are given the necessary status.
Local self-government bodies, in accordance with the current legislation, have the right of legislative initiative in the legislative bodies of state power of the constituent entities of the Russian Federation. Thus, if it is necessary to resolve any issue that falls within the competence of regional state authorities, local governments act as the subject of legislative initiative and submit the bill they need. At the same time, federal legislation establishes that appeals from local governments, including draft laws, are subject to mandatory consideration by state authorities.
There are forms of constant interaction between the two levels of power. These include all kinds of joint working bodies - groups, commissions - both permanent and temporary, formed to resolve a particular issue.
An effective form of interaction can be cooperation between state and local authorities through associations of municipalities. Within the framework of the association, local governments can more precisely formulate and bring to the attention of state bodies their common problems, for the government, the association of municipalities is the organization through which it is possible to contact all its members at the same time and develop a coordinated policy in relation to local self-government.
If within the boundaries of the territory of one municipality there are other municipalities, then the subjects of jurisdiction between them are delimited by the legislation of the subject of the Russian Federation. The division of their competence should be organized in such a way that each range of issues related to the provision of services by the authorities to the population is resolved in the most effective way. Obviously, this requires a balanced approach on the part of all participants in the process of division of competence and normal conciliation procedures.
No less important is the issue of forming the financial basis of local self-government and the formation of a local material base. The differentiation of sources of income between the budget of the subject of the Russian Federation and local budgets is based on their division by type and consolidation on a long-term basis. This stimulates each of the levels of power to develop revenue sources and their efficient use, rather than to redistribute.
Another aspect of the relationship between regional authorities and local self-government is the process of delimitation of property rights. Often, local governments act as the subject of legislative initiative and develop draft laws on the transfer of objects to municipal ownership state property, including registers of objects, public authorities review and adopt these laws. Preliminary coordination of registries is carried out at the level administrative regions, bearing in mind that there are committees for the management of state property. The final decision is made by the legislative body of state power of the constituent entity of the Russian Federation.
In the sphere of complex socio-economic development of the region, a clash of interests of various levels of government may arise. Local authorities have the right to resolve issues of integrated socio-economic development on their territory, and the territory of the municipality is a certain part of the territory of the subject of the Russian Federation. But each level understands the interests of the population in its own way, depending on the tasks that each of them solves. Therefore, the interests of power structures often do not coincide. When developing municipal plans and programs, local governments must take into account relevant state plans and programs. In turn, state bodies, when developing state plans and programs, are objectively interested in taking into account the opinion local authorities authorities.
Thus, under the system of state and municipal authorities we will understand the totality of interrelated elements, their powers and various forms of their interaction, united by the unity of the goal of systematic, stable development Russian state. The effective functioning of all life-supporting systems of the state depends on the degree of well-established interaction between state authorities and local governments. Despite the fact that municipal self-government bodies are not included in the system of state authorities, they should be considered in conjunction with state bodies as a single mechanism for governing the state.
state power cooperation duma
In the process of exercising their competence by state authorities and local self-government bodies, interaction inevitably occurs between them. Interaction between public authorities and local governments, as a rule, is defined as a set of organizational and legal forms and methods aimed at jointly solving both national and local problems.
The relationship between state bodies and local self-government bodies is based on the following principles:
a) the principle of unity of goals and objectives in ensuring the rights and freedoms of man and citizen, in the implementation of national interests;
b) the principle of comprehensive state support for the implementation and development of local self-government;
c) the principle of delimitation of subjects of jurisdiction and powers between state authorities and local self-government bodies;
d) the principle of independence in the exercise of their powers in the field of local self-government by the population, bodies and officials of municipalities;
e) the principle of non-intervention of state authorities in the competence of local self-government bodies;
f) the principle of solidarity, interaction and cooperation in ensuring the rights and freedoms of man and citizen; in the implementation of national interests;
g) the principle of subsidiarity in the implementation by local governments of the minimum state social standards and certain state powers transferred to them;
h) the principle of mutual publicity and awareness;
i) the principle of mutual control;
j) the principle of resolving conflicts through conciliation procedures or judicial appeal;
k) the principle of mutual responsibility 49 ;
l) the principle of legality (the principle of detailed legal regulation of social relations arising in the process of interaction between state and municipal governments);
m) the principle of publicity;
o) the principle of expediency and observance of national interests;
o) the principle of equality of municipalities (creation of a regime of equal legal, organizational, financial and economic opportunities);
p) the principle of inadmissibility of infringement of the interests of other municipalities;
c) the principle of resource endowment in implementation own functions and certain transferred state powers.
These principles, when applied together, are designed to contribute to the effective implementation of state policy in the field of local self-government and the development of the democratic foundations of the state.
The Federal Law of October 6, 2003 "On the General Principles of the Organization of Local Self-Government in the Russian Federation" empowers the state authorities of the Russian Federation and the constituent entities of the Russian Federation with powers in the field of local self-government. The powers of federal state authorities in the field of local self-government include:
1) determination of the general principles of the organization of local self-government in the Russian Federation;
2) legal regulation on the subjects of the jurisdiction of the Russian Federation and within the powers of the Russian Federation on the subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation of the rights, duties and responsibilities of federal state authorities and their officials, state authorities of the constituent entities of the Russian Federation and their officials in local government areas;
3) legal regulation of the rights, duties and responsibilities of citizens, local self-government bodies and officials of local self-government in resolving issues of local importance;
4) legal regulation of the rights, duties and responsibilities of local self-government bodies and local self-government officials in the exercise of certain state powers with which local self-government bodies are endowed by federal laws 50 .
The exercise of executive, administrative and control powers by federal state authorities in relation to municipalities and local self-government bodies is allowed only in cases and in the manner established by the Constitution of the Russian Federation, federal constitutional laws and federal laws.
Powers of public authorities of the constituent entities of the Russian Federation in the field of local self-government in general, they are similar to the powers of federal government bodies, in particular, they include:
a) legal regulation of issues of organizing local self-government in the constituent entities of the Russian Federation in the cases and in the manner established by federal law;
b) legal regulation of the rights, duties and responsibilities of public authorities of the constituent entities of the Russian Federation and their officials in the field of local self-government in cases and in the manner established by federal laws;
c) legal regulation of the rights, duties and responsibilities of local self-government bodies and officials of local self-government in the areas of jurisdiction of the constituent entities of the Russian Federation, as well as within the powers of state authorities of the constituent entities of the Russian Federation in matters of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation;
d) legal regulation of the rights, duties and responsibilities of local self-government bodies and local self-government officials in the exercise of certain state powers, which local self-government bodies are endowed with by the laws of the subjects of the Russian Federation 51 .
In addition to these basic powers of state authorities in the field of local self-government, the Federal Law of October 6, 2003 "On the general principles of organizing local self-government in the Russian Federation" fixed the state authorities of the constituent entity of the Russian Federation have a whole range of functions:
1) establishing the boundaries of the territories of municipalities (Article 10);
2) endowing urban settlements with the status of an urban district (Article 11);
3) changing the boundaries of municipalities (Article 12);
4) transformation of municipalities (Article 13);
5) change in the status of an urban settlement in connection with granting it the status of an urban district or depriving it of the status of an urban district (Article 13);
6) abolishment of the municipality (Article 13.1);
7) vesting local self-government bodies with separate state powers and control over their execution (Articles 19-21);
8) determining the procedure for holding a local referendum (Article 22);
9) determining the procedure for holding municipal elections (Article 23);
11) the procedure and terms for considering citizens' appeals to local governments (Article 32);
12) determination of the names of the representative body of local self-government, the head of the municipality, the local administration (Article 34);
13) other powers of representative bodies of municipalities (Article 35);
14) establishment of additional requirements for candidates for the position of head of the local administration of a municipal district and city district (Article 37);
15) approval of the terms of the contract for the head of the local administration of the municipal district (urban district) in terms of the implementation of certain state powers transferred to local governments by federal laws and laws of the constituent entities of the Russian Federation (Article 37);
16) establishment of the personal composition of the competition commission of the municipal district (city district) (Article 37);
17) initiating the termination of the contract with the head of the local administration (art. 37);
18) legal regulation of the municipal service, including requirements for municipal positions in the municipal service, determination of the status of a municipal employee, conditions and procedure for passing the municipal service (Article 42);
19) requirements for the formation, approval, execution of the local budget and control over its execution (Article 52);
20) setting standards for deductions from regional taxes and fees to be credited to the budget of a constituent entity of the Russian Federation, to the budgets of municipalities (Article 58);
21) distribution of subsidies from the regional fund financial support settlements and (or) subsidies replacing these additional norms for deductions from federal and regional taxes and fees to be credited to the budgets of settlements (Article 60);
22) the procedure for the formation of district and regional funds for the financial support of settlements and the provision of subsidies from them (Articles 60, 61);
23) the procedure for calculating the level of budgetary security of settlements in the reporting financial year, determining the size of these subventions, centralizing part of the income from local taxes and fees and (or) reducing the standards for deductions from federal and regional taxes and fees (Articles 60, 61);
24) determination of the total amount of subventions provided from the budget of the subject of the Russian Federation to local budgets for the implementation by local governments of the individual state powers transferred to them (Article 63);
25) temporary exercise of the powers of local self-government bodies (Article 75), etc.
According to the Federal Law of October 6, 2003 "On the General Principles of the Organization of Local Self-Government in the Russian Federation", the temporary exercise by state authorities of a constituent entity of the Russian Federation of the powers of local self-government bodies is possible in three cases:
1) when, due to a natural disaster, catastrophe, or other emergency, there are no local self-government bodies and (or) cannot be formed;
2) if the debts of the municipality exceeded its own income by 30% (“bankruptcy of the municipality”);
3) if misappropriation of subventions is allowed.
In reality, the interaction between the state and local self-government is carried out simultaneously in many areas. Therefore, structural and functional ties between state authorities and local self-government are multilateral in nature. In particular, interaction of state authorities with local governments is carried out in the following main forms:
firstly, state support for local self-government;
secondly, the empowerment of local self-government bodies with separate state powers;
thirdly, the creation of a council of municipalities in a constituent entity of the Russian Federation;
fourthly, the exercise by the representative bodies of municipalities of the right of legislative initiative in the legislative (representative) body of a constituent entity of the Russian Federation;
fifthly, the creation of joint coordinating, consultative, advisory and other working bodies (both temporary and permanent);
sixth, control and supervision of state authorities over the activities of local governments.
1. Without constant support from the state, local self-government bodies cannot effectively participate in the implementation of reforms and in strengthening the Russian statehood. In addition, state support for the development of local self-government is a statutory duty of public authorities. State support for local self-government - this is a system of measures that ensure the strengthening and stimulation of the development of local self-government by federal and regional government bodies. State support for local self-government, as a rule, is carried out in the following ways: forms:
a) publication of legal acts on the organization and activities of local self-government;
b) control over the observance of the constitutional foundations of local self-government;
c) information support of local self-government bodies (including familiarization with draft regulatory legal acts of state authorities affecting the interests of the local community);
d) providing methodological support;
e) consideration of appeals of bodies and officials of local self-government to bodies and officials of state power, taking measures to satisfy them;
f) participation in the formation of local self-government bodies in cases established by law (for example, in municipal districts and urban districts, representatives of public authorities of a constituent entity of the Russian Federation are part of the competition commission for filling the position of head of the local administration, appointed under contract 52);
g) adoption and implementation of targeted programs of state support for local self-government;
h) training of personnel of municipal employees;
i) provision of material and financial assistance to local self-government bodies;
j) provision of state and municipal property for use free of charge;
k) temporary exercise of the powers of local self-government by public authorities and other measures.
In order to implement the state policy in the field of local self-government On December 15, 1999, the Federal Target Program of State Support for the Development of Municipalities and the Creation of Conditions for the Implementation of the Constitutional Powers of Local Self-Government was adopted. Provided two stages of execution programs of state support of local self-government:
the first stage (2000-2002): creation of basic conditions for the integrated socio-economic development of municipalities;
second stage (2002–2014): implementation of program activities aimed at codifying legislation on local self-government, as well as solving investment problems that can ensure the sustainable development of municipalities and a significant increase in the living standards of the population.
State Support Program for Local Self-Government consists of seven sections:
2) the main goals, objectives, terms and stages of the Program implementation;
3) measures for state support of local self-government;
4) the main directions and mechanisms for the implementation of the Program;
5) resource provision of the Program;
6) organizing the execution of the Program and monitoring the progress of its implementation;
7) evaluation of the effectiveness of the implementation of the Program.
The program has identified two main goals:
1) formation of conditions for sustainable socio-economic development of municipalities;
2) assistance in the effective implementation of the constitutional powers of local self-government bodies.
To achieve these goals, the following tasks:
a) improvement of the territorial and structural organization of local self-government;
b) development of mechanisms for effective interaction between local self-government bodies and state authorities;
c) creating conditions for the financial and economic independence of municipalities (finishing tax legislation, improving interbudgetary relations, resolving the issue of municipal ownership of land, developing a system for training and retraining personnel for financial bodies of local self-government);
d) improvement of the legal framework of local self-government;
e) development of mechanisms for effective interaction between local self-government bodies and the population.
As program implementation modalities state support of local self-government are distinguished: legal regulation, budgetary regulation, implementation of target programs, transfer of state property to municipal, information and scientific and methodological support of local self-government, staffing of local self-government bodies, popularization of ideas, principles and tasks of local self-government. When implementing the Program, the following methods, as an analysis of current legislation, analysis of intergovernmental relations, development and implementation of targeted programs, development of a training system for local governments, creation of a system for informing the population about the main ideas, principles and tasks of local government.
Financing of the state support program for local self-government is carried out from the federal budget and, as agreed, from the budgets of the constituent entities of the Russian Federation, as well as local budgets and funds from unions and associations of municipalities.
In order to stimulate the development of local self-government on their territory, the constituent entities of the Russian Federation adopt their own state support programs. For example, the goals of the Saratov Regional Target Program "Development of Local Self-Government in the Saratov Region" are to assist local self-government bodies in exercising the powers defined by law, and to improve the quality and efficiency of administrative and management processes in local self-government bodies of the Saratov Region. To achieve these goals, the following tasks have been set:
1) assistance in the formation of the regulatory legal framework of local self-government;
2) assistance in the development of territorial and organizational foundations of local self-government;
3) state support for strengthening the material and technical base of local governments;
4) assistance in training, retraining and advanced training of personnel of local self-government bodies;
5) assistance in the development and improvement of the municipal service;
6) creation of a system of information-analytical and methodological support activities of local governments.
The most important evaluation indicators of the program implementation are:
a) the number of issues of local importance, solved by local governments of newly created municipalities;
b) the degree of staffing of local self-government bodies with material and technical means for resolving issues of local importance;
c) the degree of implementation of the plan for retraining and advanced training of managers and specialists of local self-government bodies;
d) the number of published information, methodological and analytical literature on issues related to the activities of local governments;
e) provision of local self-government bodies with methodological aids;
f) the number of municipalities that have boundaries and urban planning documentation established in accordance with the requirements of urban planning and land legislation.
Thus, taking into account the role of local self-government in the system of power relations of the Russian Federation, in the economic, social and political systems Russian society, programs of state support for local self-government are designed to promote the implementation of state policy in relation to local self-government, the implementation of reforms at the local level and the sustainable socio-economic development of municipalities.
2. Giving local self-government bodies certain state powers - this is the exclusion of any authority from the competence of a state body and its inclusion in the competence of a local self-government body.
The implementation by local governments of the powers of the state has certain historical foundations. In Russia, local governments have always performed a certain amount of state powers and state duties. Thus, according to the Regulations on provincial and district zemstvo institutions of January 1, 1864, the zemstvo institutions were subject to the allocation of state cash collections, the fulfillment of the needs of the military and civil administrations assigned to the zemstvo, participation in postal service matters and other matters that were entrusted on the basis of special statutes, regulations or resolutions 53 .
In world practice, there are two main ways of granting powers to local governments. The countries of the Anglo-Saxon system are characterized by the principle of inter vires - the principle of "positive regulation". This principle secures for municipal bodies the right to exercise only those powers that are directly enshrined in law. Actions that are not directly provided for by law may be recognized as committed in excess of authority and canceled. Civil law countries rely on the opposite principle of “negative regulation” (ultra vires), according to which local authorities can carry out all actions that are not expressly prohibited by law and do not fall within the competence of other authorities.
Each of the approaches has its advantages and disadvantages for state power and local self-government. The continental system, at first glance, provides more freedom to local self-government: they, as it were, determine their own competence, they can take into consideration any issues that are not within the competence of other authorities. However, within the continental system, local governments are much less protected from an arbitrary reduction in the scope of their powers: the state at any time, for reasons of expediency, can expand the scope of its exclusive competence by unilaterally changing national legislation. In the Anglo-Saxon system, this is not so easy to do: the norms establishing the competence of municipalities are fixed, first of all, in their charters, have independent legal force and are not subject to automatic change following changes in national legislation 54 .
The modern theory of municipal government provides for two main forms of empowering local governments with separate state powers: the transfer of powers and the delegation of powers. Under delegation of authority is understood as a method of regulating the powers of a local self-government body, in which any authority of a state authority is excluded from its competence and included in the competence of local self-government bodies. At the same time, the period of such transfer, as a rule, is not specified. The vesting of local governments with separate state powers, as a rule, takes place in the form of a transfer of powers.
Delegation of authority - This is the granting by a state authority of the right belonging to it to resolve any issue to local self-government bodies at one time, for a certain period or indefinitely. Based on this, attention should be paid to the differences in the content of the concept of "transfer of powers", which occurs on a permanent and unconditional basis, expanding the list of issues of conducting a municipality, and "delegation of powers", which is carried out on a temporary basis in compliance with certain requirements, expanding only competence of individual municipal bodies.
The possibility of vesting local self-government bodies with separate state powers is enshrined in the Constitution of the Russian Federation. In accordance with it, in addition to issues of local importance, the competence of local self-government bodies may also include certain state powers that are transferred to them by the state 55 . So far, at the federal level, the issue of vesting local self-government bodies with separate state powers has practically not been regulated. It was only fixed that the transfer of certain state powers to local governments should be carried out with the transfer of funds necessary for their implementation.
According to the Federal Law of October 6, 2003 "On the General Principles of the Organization of Local Self-Government in the Russian Federation", local self-government bodies can be vested with separate state powers only by law: federal and regional. The law also contains a list of requirements for laws on vesting local governments with separate state powers. They must contain:
1) type or name of the municipal formation;
2) a list of the rights and obligations of local self-government bodies, as well as the rights and obligations of state authorities in the exercise of relevant powers;
3) a method (methodology) for calculating the standards for determining the total volume of subventions provided to local budgets from state budgets for the implementation of delegated powers;
4) a list of material resources to be transferred for use and (or) management or into municipal ownership, necessary for the implementation of certain transferred state powers;
5) the reporting procedure for local self-government bodies on the implementation of certain state powers transferred to them;
6) the procedure for exercising control over the exercise of certain delegated state powers by state authorities;
7) the conditions and procedure for terminating the exercise by local self-government bodies of certain state powers transferred to them 56 .
If the law on vesting local governments with separate state powers does not say anything about the term of vesting and otherwise does not follow from the current legislation, then it should be understood that powers are transferred indefinitely.
When determining whether a specific authority vested in a local self-government body belongs to the state or not, the authorities are now guided by Art. 14-17 of the Federal Law of October 6, 2003 "On the General Principles of the Organization of Local Self-Government in the Russian Federation". If the specified authority is included in the list of issues of local importance for of this type municipal formation, then it is municipal, otherwise it is a state authority that requires separate funding.
Most often in practice, state authorities of the constituent entities of the Russian Federation transfer powers to local governments in the following areas:
a) state registration of acts of civil status;
b) licensing the retail sale of alcoholic products;
c) licensing activities for the procurement, processing and sale of non-ferrous and ferrous scrap;
d) licensing of educational activities of municipal educational institutions;
e) appointment and payment of compensation payments;
f) maintenance of the state urban planning cadastre and monitoring of objects of urban planning activities;
g) medical and social expertise;
h) setting the values of individual adjustment factors for calculating the unified tax on imputed income for certain types of activities;
i) the procedure for the use of individual natural resources;
j) formation and organization of the activities of administrative commissions in the territories of the constituent entities of the Russian Federation, etc. 57
It seems that the transfer of certain state powers to local governments is permissible in cases where the latter are able to more effectively implement them.
The laws of the constituent entities of the Russian Federation most often indicate the following grounds for termination of the exercise by local self-government bodies of certain state powers transferred to them:
1) expiration of the period for which the said powers were transferred;
2) recognition by state authorities of the subject of the Federation of the inexpediency of further exercise of powers by local governments, including due to non-execution or improper performance by local governments of certain state powers;
3) the impossibility of providing the previously transferred state powers with the necessary material and financial resources;
4) systematic violation of the law by local governments in the exercise of delegated state powers;
5) repeated appeals and complaints from individuals and legal entities to the improper exercise by the local self-government body of the delegated state powers;
6) adoption of a federal normative act that changes the legal regulation in this area;
7) refusal of local self-government bodies to further exercise their powers 58 .
Thus, the vesting of local governments with separate state powers is carried out on the basis of the following principles:
a) the implementation of this procedure only through the law;
b) the proportionality of the transferred state powers to the possibilities of the municipality;
c) material and financial security of the transferred state powers;
d) control by the state over the implementation by local self-government bodies of certain delegated state powers.
The transfer of individual state powers to local governments allows solving a number of tasks that are relevant not only for municipalities, but also for the region, the state as a whole. These are, in particular:
promoting the decentralization of state power, the development of self-government principles in the life of society;
ensuring the participation of the people in the exercise of power, power relations;
increasing effective response to the diverse interests and aspirations of local communities, individual citizens;
implementation of better and more competent management of social processes, the processes of adoption and implementation of administrative decisions, the implementation of tasks of local importance;
creation of levers for a more flexible response to the requirements formulated by the nature transitional phase in the country 59 .
3. An effective form of interaction between public authorities and local governments is cooperation through associations and unions of municipalities. Within the framework of the association, local governments can more precisely formulate and bring to the attention of public authorities common problems. For the state authorities, the association of municipalities is the organization through which it is possible to apply simultaneously to all its members and develop a coordinated policy in relation to local self-government.
Municipal formations create associations in the form of associations or unions not only to improve the efficiency of local self-government bodies, but also to coordinate and unite efforts in solving joint problems. Accordingly, municipalities independently consider and decide on the need to unite with each other and on the forms of this association. According to the Federal Law of October 6, 2003 "On the General Principles of the Organization of Local Self-Government in the Russian Federation" (Article 66), in each subject of the Russian Federation a council of municipalities.
The organization and activities of the councils of municipalities of the constituent entities of the Russian Federation are carried out in accordance with the requirements of the Federal Law "On Non-Commercial Organizations". In accordance with the above Law, the registration of councils of municipalities will be carried out by the justice authorities of the constituent entity of the Russian Federation. The status and powers of associations of municipalities will be determined by constituent documents (for example, charters of councils of municipalities), councils of municipalities will not be able to independently expand their competence or receive powers from local governments.
The federal law of October 6, 2003 "On the general principles of the organization of local self-government in the Russian Federation" defines the competence Congress of the Council of Municipalities subject of the Russian Federation. As the highest governing body, it:
1) approve the charter of the council of municipalities of a subject of the Russian Federation;
2) determine the amount and procedure for paying membership fees for the activities of the council of municipalities of a constituent entity of the Russian Federation and the content of the governing bodies of the council of municipalities;
3) elect the governing bodies of the council of municipalities of a constituent entity of the Russian Federation;
4) exercise other powers determined by the charter of the council of municipalities of a constituent entity of the Russian Federation 60 .
The council of municipal formations has no right to interfere in the activities of municipal formations and to restrict it. The Council of Municipalities is called upon to carry out intermunicipal cooperation on the territory of a constituent entity of the Russian Federation, to represent and protect the interests of municipalities in the state authorities of a constituent entity of the Russian Federation, to participate in legislative work at the regional level, to organize joint economic activities, to exchange experience and information, to participate in the implementation of regional programs etc.
The current management of the council of municipalities is carried out by executive agency(collegiate or sole), and control over entrepreneurial activity - audit committee. In the event of the liquidation of the council of municipalities, a liquidation commission.
4. Federal law establishes for the representative bodies of local self-government the right of legislative initiative. The representative body of any type of municipal formation has the right to submit to the legislative body of state power of a subject of the Russian Federation drafts of new laws, proposals for improving the norms of already existing laws, comments on bills. When adopting laws affecting the interests of local self-government or residents of municipalities, state authorities of the constituent entities of the Russian Federation are obliged to consult with local self-government bodies and take into account their opinion. In turn, local self-government bodies ensure the implementation of laws and other regulatory legal acts on the territory of their municipality. Thus, local governments and state authorities interact with each other in the legislative process.
5. Recently, there has been a development of such forms of cooperation between state authorities and local self-government bodies, such as:
1) creation of conciliatory, coordinating, consultative, advisory temporary and permanent working groups and commissions;
2) joint development and implementation of plans and programs.
Thus, local self-government and state power realize their social purpose. In the relationship between state and municipal authorities, the main task of state power is to establish the legal foundations for the organization of local self-government. All other types of regulatory influence of state power on local self-government are optional. At the same time, the state does not lose the opportunity to indirectly, by influencing other participants in social relationships, to exert its control action. In most cases, it is even more efficient than direct administration.
6. An important form of state influence on local self-government is supervision over the legality of the activities of bodies and officials of local self-government. Supervision over compliance by local self-government bodies with the Constitution of the Russian Federation, federal constitutional laws, federal laws, constitutions (charters), laws of constituent entities of the Russian Federation, charters of municipalities, municipal legal acts is carried out by various state bodies. First of all, these are the prosecutor's offices.
According to the Federal Law "On the Prosecutor's Office of the Russian Federation", when exercising his functions in relation to bodies and officials of local self-government, the prosecutor has the right to:
a) to freely enter, upon presentation of an official ID, the territories and premises of local self-government bodies, to have access to their documents and materials, to check the implementation of laws in connection with information received by the prosecutor's office about facts of violation of the law;
b) require heads and other officials of local self-government bodies to present the necessary documents, materials, statistical and other information; allocation of specialists to clarify the issues that have arisen; conducting inspections on materials and appeals received by the prosecutor's office, as well as auditing the activities of organizations controlled or subordinated to them;
c) summon officials of local self-government and citizens for explanations regarding violations of laws.
The prosecutor or his deputy, on the grounds established by law, initiates a criminal case or proceeding on an administrative offense, demands that persons who have violated the law be held accountable, and warns of the inadmissibility of violating the law 61 . The measures of prosecutorial response to legal acts of local governments that contradict the law and their illegal actions also include:
1) protest;
2) submission on the elimination of violations of the law;
3) going to court.
Supervision over the observance of law by local self-government bodies in certain areas can be carried out by other state bodies. For example, officials of the governing bodies of the State Fire Service have the right to exercise state fire supervision over compliance with fire safety requirements by local governments.
The relationship between public authorities and local governments is very diverse. In the theory of municipal management stands out three basic models of interaction between state and municipal authorities .
First - "partnership model", was founded in the nineteenth century. in the writings of J. St. Mill. The relationship of local and central authorities in this model is the relationship of partners and equal comrades pursuing common goals and providing necessary services to the population. Local governance is understood primarily as "an organic element of the self-expression of the respective local community" 62 .
This concept can be described as idealistic, at least in relation to the past and present, as something like a theory about the welfare state. First, the interests of the state and local communities do not coincide in everything. The contradiction between state and local interests exists initially as a contradiction between the whole and its part. State power acts as a centripetal factor on the scale of society (region). Local self-government, on the other hand, is in a certain sense a centrifugal factor. “The noted contradiction, that is, the unity and“ struggle ”of the centripetal and centrifugal tendencies, is inherent in the social organism, originally inherent in the nature of society, therefore it cannot be objectively eliminated” 63 .
Secondly, the very nature of local self-government contains a constant conflict with state power. Contradictions, as you know, are a source of development, therefore, the contradictions between the state and localities are fraught with a powerful creative principle. However, their truly partnership resolution requires the greatest culture of the parties, political and economic stability and prosperity, which often do not exist to the necessary extent even in the most developed countries.
In view of the foregoing, the "partnership model" can and should be considered as an ideal goal, the full achievement of which is impossible, but the movement towards which allows optimizing the actual relationship between the state bodies of the center, regions and bodies of local communities of residents.
The partnership model is usually contrasted with the "agency model". Within its framework, the relationship between central and local authorities is considered as the relationship of agent and principal, that is, the emphasis is on the dominant role of the center in relations with local government. Local authorities are considered a kind of instrument through which the central government implements its political course on the ground. Local government is “just an administrative means of exercising local government functions, aimed not so much at providing local representation as at providing services” 64 . The state, being the guarantor of the effectiveness of socio-economic and public life and being called upon to ensure reasonable standards of services provided to citizens, has the full right to manage the activities of local governments.
This model reflects to a greater extent real situation of things. Of course, state centralization provides the benefits of a unified government free of local political disputes and reduces the cost of local services: "three garbage collection services in neighboring communes will be much more expensive than one service operating in three communes" 65 .
However, local self-government ceases to be one, not possessing independence within the framework of its powers. The agency model doses the degree of dependence of local governments on state authorities and does not establish a mechanism for implementing such dependence.
Both of the above models come from directly opposite institutions. Accordingly, the idea arises of the possibility of creating an averaged model that combines the advantages of agency and partnership. This model is based on the concept of the interdependence of the state and places - the "interdependence model".
Substantiating it, the British researcher R. Rode drew attention to the fact that relations between central and local authorities are characterized by both a certain degree of their independence and interdependence and are determined by the real power potential of the parties, the resources at their disposal (especially financial) and means of pressure. A significant role in these relations can be played by the personal factor, the correct choice of a particular strategy. Another British scientist, T. Byrne, adheres to similar positions, noting that "at present, local authorities cannot be defined either as agents of the government or as its equal partners."
The government controls Parliament and is therefore able to push for laws to regulate and direct in one way or another the activities of municipal institutions. Local representative bodies, in turn, have an independent mandate received from voters, their own financial sources, and the competence assigned to them by law. As a result, not only do local authorities become dependent on the government (in terms of general support, financial subsidies, legislative regulation, etc.), but the government also becomes somewhat dependent on local authorities in the implementation of its political and economic course on the ground.
Thus, the model of interdependence is synthetic, combining elements of both the first and second models and, in our opinion, can become a guideline in improving relations between the state and local self-government in our country, including the interaction between public authorities of the subjects of the Federation and bodies local government 66 .
Interaction between state authorities and local self-government is carried out in several directions. These areas of interaction have received a name in legal science: structural-functional connections. It is quite obvious that, based on the specifics of the organization of state power and local self-government, the relationship between their bodies will be carried out:
1) top to bottom;
2) from bottom to top;
3) horizontally.
Thus, the following types of relations exist between state authorities and local self-government:
1) subordinate - ordering from top to bottom, from a higher level of power to a lower one. Subordinate ties arise, first of all, when state authorities establish the legal foundations of local self-government in a given region;
2) coordination - ordering from the bottom up, from the lower level of power to the higher. At the same time, each subordinate relationship in managerial relations corresponds to a coordination relationship. An example of a coordination relationship can be the right of legislative initiative of representative bodies of local self-government in the legislative (representative) body of a constituent entity of the Russian Federation. This subordinate connection corresponds to the subordinate connection, which consists in the adoption by the legislative (representative) body of state power of the subject of the Federation of laws regulating local self-government in this region;
3) coordination - ordering at the same level, between two or more equal subjects. In the scheme under consideration, relations between state authorities and local governments are horizontal. An example is joint, coordinated actions to implement state and regional programs; holding joint meetings both on a one-time and on a permanent basis; formation of permanent coordinating bodies (boards, commissions); organizational and technical support election campaigns, law enforcement and other activities that are mainly contractual in nature. A common way to implement coordination ties is the adoption of joint legal acts by public authorities and local self-government. In practice, it is the coordination relationships that make up the most significant share in the relationship between state authorities and local self-government 67 .
Relationships of a coordinating type between state power and local self-government are already embedded in the very wording of issues of local importance: “participation in the prevention and elimination of the consequences of emergency situations within the boundaries of a settlement”, “participation in the protection natural environment". Such formulations give grounds to talk about the equal participation of state authorities and local self-government. In addition, there is sectoral legislation, the laws "On Education", "On Culture", "On Veterans", "On Employment" and others, which also mention the equal participation of local governments in resolving various issues.
At the same time, it should be taken into account that there cannot exist in public administration an object that should be considered as absolutely equal to the subject of administration (the state), even with only coordinating interaction between them. Coordination between two or more equidistant objects does not preclude that, in general, they may be on different levels in a hierarchically more complex management system. Since state-administrative relations in a generalized form are legal relations, that is, relations based on law, legislation, the state (its bodies) determines the legislative basis for the existence and functioning of an object, the limits of its powers and can change these "rules of the game". In addition, it also controls the legality of the behavior of the object of control, determines and applies sanctions in case of violations, using special power for this - the judiciary and the apparatus of coercion 68 .
At the federal level, two tasks are solved in relation to local self-government:
1) ensuring guarantees of local self-government;
2) development of a unified state policy in the field of local self-government.
The Constitution of the Russian Federation laid the foundations for interaction between state and municipal authorities through a system of guarantees and protection of local self-government. The Constitution of the Russian Federation secured the participation of local governments on behalf of the population in solving problems at the local level, obliging state bodies to provide them with comprehensive support, creating the necessary legal, organizational, material and financial conditions for functioning and development.
Thus, local governments function in constant interaction with state bodies. The forms of this interaction can be different: information, analytical and legal support, joint solution of common problems, financing of individual events, creation of joint coordinating bodies (conciliation commissions, consultative and advisory permanent and temporary working groups), etc. Optimization of interaction between state and municipal power is one of the most important goals to be solved as part of the ongoing administrative reform in modern Russia.
The interaction and cooperation of public authorities and local governments is based not so much on subordination as on mutual interest in pooling resources in order to improve the quality of life of the population.
abstract
The object of the study is the system of legal relations that develop in the process of delimiting the powers of state authorities of the constituent entities of the Russian Federation and local governments.
The subject is the system of local governments.
Purpose - to study the regulation of the issues of delimitation of powers of state authorities and local governments.
Certain aspects of the relationship between public authorities and local governments, the delimitation of powers between them were the subject of research by many Russian and foreign scientists such as Alekhin A.P., Kozlov Yu.M., Bahrakh D.N., Avakyan S.A., Yakubovsky D., Komarov S. A., Kutafin O. E., etc.
Research methods: analysis of theoretical and factual material.
Practical significance. The problem of interaction between local self-government and state authorities has been and is taking place at almost all stages of the development of local self-government, both in Russia and in other countries.
Introduction
The formation of local self-government is a task not only and not so much of this institution itself, but also of state power at all levels. This power cannot be stable, effective, if it is not constantly nourished by the vital juices of a powerful root system of local self-government. Almost all government decisions affecting the interests of citizens pass through local institutions; people evaluate state policy primarily through the prism of meeting their urgent daily needs, it is on local soil that a sense of belonging to national affairs is born.
The problem of interaction between local self-government and public authorities has been and is taking place at almost all stages of the development of local self-government both in Russia and in other countries - this confirms the relevance of the chosen topic of the course work.
The topic of the course work is very relevant today, since the problem of delimitation of powers between public authorities and local governments is one of the most important and at the same time little studied. There is no legislatively fixed system of delimitation of the competence of state authorities of the constituent entities of the Russian Federation and local governments.
The object of the study is the system of legal relations that develop in the process of delimiting the powers of state authorities of the constituent entities of the Russian Federation and local governments.
The subject is the system of local governments.
The purpose of the work is to study the regulation of the issues of delimitation of powers of state authorities and local governments.
The tasks of the work are to analyze and justify:
.The concept and essence of local government .Legal regulation of the activities of local governments .Analysis of the activities of local government in the Russian Federation .Delimitation of powers and interaction between public authorities and local governments .Interaction between public authorities and local governments .State control over the implementation of certain state powers by local self-government bodies Certain aspects of the relationship between public authorities and local governments, the delimitation of powers between them were the subject of research by many Russian and foreign scientists such as Alekhin A.P., Kozlov Yu.M., Bahrakh D.N., Avakyan S.A., Yakubovsky D., Komarov S. A., Kutafin O. E., etc. CHAPTER 1. LEGAL FRAMEWORK FOR LOCAL SELF-GOVERNMENT IN THE RUSSIAN FEDERATION 1 The concept and essence of local government The essence of local self-government determines its multidimensional constitutional significance. Firstly, it is the most important institution of civil society in the Russian Federation and, in this capacity, one of the foundations of the constitutional order; secondly, it is a form of democracy, an integral organic part of the political system and political organization Russian society; thirdly, local self-government can be recognized as an institution legal status personality; fourthly, local self-government is one of the types of social management. The general principles of local self-government include, first of all, the following: a) independence of decision by the population of issues of local importance; b) organizational isolation of local self-government, its bodies in the state administration system and interaction with state authorities in the implementation of common tasks and functions; c) a combination of representative democracy with forms of direct expression of the will of citizens; d) compliance of material and financial resources of local self-government with its powers; e) responsibility of bodies and officials of local self-government to the population; f) variety of organizational forms of implementation of local self-government; g) observance of human and civil rights and freedoms; h) legality in the organization and activities of local self-government; i) publicity of the activities of local self-government; j) collegiality and unity of command in the activities of local self-government; k) state guarantee of local self-government. The functions of local self-government are the main directions of municipal activity determined by nature and principles, aimed at realizing the goals and objectives of local self-government. Fadeev V.I. names five theories of self-government: the theory of the free community; social theory of self-government; state theory of self-government; the theory of dualism of municipal government; social service theory. The theory of the free community was based on the ideas of natural law and was developed by German scientists at the beginning of the 19th century. The purpose of this theory was to substantiate the need to limit state intervention in the affairs of communities. The community is historically the forerunner of the state. The latter appears as a result of the unification of communities for economic and political reasons. In the pre-state period, the community is an independent, independent unit in solving all problems. She is free from external influence. Supporters of the free community theory stood for the independence of the community from the state. The theory of the free community was reflected in a number of legislative acts of the 1930s and 1940s. 19th century And the Belgian Constitution of 1831 even had a special article on communal government. It was in this Constitution that, along with the legislative, executive and judicial powers, communal (municipal) power was also fixed. However, this approach has not been successful in practice. Russian scientists N.I. Lazarevsky, B.N. Chicherin, V.P. Bezobrazov and others considered the theory of a free community untenable and unviable. Economic and social theory of self-government. The essence of this theory is that self-government is the management of the affairs of the local economy. Its supporters argued that the community's own affairs are the business of the communal economy, and that thus self-government is the management of the affairs of the local economy. At the same time, economic matters came to the fore. The economic and social theory of self-government, as well as the theory of the free community, was based on the opposition of the state to society. The theory of public self-government was widely developed in Russian pre-revolutionary legal science. N.M. Korkunov defined the content of this theory as follows: Social theory sees the essence of self-government in allowing the local society to manage its own interests and in keeping the government bodies in charge of only state affairs. Social theory proceeds, therefore, from the opposition of local society to the state, public interests to political interests, demanding that society and the state be in charge of only their own interests. According to the theory of public self-government, economic affairs should be carried out by the community without state interference. The division of state affairs and affairs of local importance was seen as the basis for the independence of local self-government. However, such views on local self-government did not exist for long, since in practice it turned out to be practically impossible to separate the affairs of state administration and affairs of local importance in such a way as to single them out as pure form only local businesses. The state theory of self-government was developed by Lorenz Stein and Rudolf Gneist. The essence of this theory lies in the fact that local governments are, in essence, government bodies, that their competence is not any special, original, natural, but is entirely created and regulated by the state. Self-government is public administration - this is the frank conclusion of the school of German jurists. Supporters of the theory of state self-government argued that the subjects of jurisdiction that constitute the competence of local self-government are included in the tasks of state administration. In Russia, the provisions of the state theory were significantly developed by pre-revolutionary lawyers (V.P. Bezobrazov, A.I. Vasilchikov, A.D. Gradovsky, N.I. Lazarevsky) in the 70s. 19th century According to the supporters of the state theory of that time, local self-government is a decentralized government. A.G. Mikhailovsky considered self-government as part of the general state administration, as a special organization of state power in the field, based on elective principles. Integral part state administration considered local self-government and V.P. Disgraceful. The state concept of local self-government was based on the position that self-government institutions must necessarily act both in public and state interests. According to this concept, local self-government has its source in state power. The organization of local self-government is built on the basis of the law. The choice of subjects of activity does not depend on self-government bodies, but is determined by the state, formulating a conclusion about the relationship between the state and local self-government. Political theories of local self-government. According to one of the political theories created by R. Gneist, the essence of local self-government lies in the fact that it is carried out by honorary representatives of the local population who perform their duties free of charge. A softened form of this theory is the teaching of O. Mayer, according to which the essence of self-government lies in the performance of official functions in it only in the order of side, not main occupations. authority body of authority local 1.2 Legal regulation of the activities of local governments The basis of the legal regulation of local self-government is a number of articles of the Constitution of the Russian Federation, and first of all, Art. 12, 130-132, defining the legal status of local self-government. In addition to the constitutional norms, relations in the field of local self-government are regulated by the Federal Law “On the general principles of the organization of local self-government” (2003); “On municipal service in the Russian Federation” (2007) and the laws of the constituent entities of the Russian Federation adopted on their basis. The legal foundations of the municipal service in the Russian Federation are the Constitution of the Russian Federation, as well as the indicated Federal Laws and other Federal Laws, other regulatory legal acts of the Russian Federation, constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation, charters of the municipality, decisions taken at the gatherings of citizens, and other municipal legal acts. Municipal employees are subject to labor legislation with the features provided for by the Federal Law “On Municipal Service in the Russian Federation”. There is already a legislative basis for normative legal acts regulating relations in the field of activity of local governments. Given that demographic problem is especially acute for urban and rural settlements, in 2007 a change was made to abolish urban and rural settlements. The abolition of rural settlements is allowed in territories with a low density of the rural population and in hard-to-reach areas, if the population of the rural settlement is less than 100 people and the decision to abolish the settlement will be made at a meeting of citizens permanently residing in rural settlement. The abolition of settlements is carried out by the law of the constituent entity of the Russian Federation at the initiative of the population, local authorities, state authorities of the constituent entity of the Russian Federation or federal state authorities. Regulatory legal acts of the highest official of a constituent entity of the Russian Federation may provide for the allocation of grants to municipalities at the expense of the budget of the constituent entity to facilitate the achievement (and encouragement of achievement) best values performance indicators. In the new basic law on local self-government, the number of powers of state bodies in relation to local self-government bodies has been significantly reduced, which should increase the level of autonomy of local self-government. Powers of federal executive authorities in the field of local self-government: -determination of the general principles of the organization of local self-government in the Russian Federation, established by law; -legal regulation on the subjects of the jurisdiction of the Russian Federation and within the powers of the Russian Federation on the subjects of joint jurisdiction of the Russian Federation and its subjects of the rights, duties and responsibilities of the federal executive authorities and their officials, public authorities of the constituent entities of the Russian Federation and their officials in the field of local self-government; -legal regulation of the rights, duties and responsibilities of citizens, bodies and officials of local self-government in resolving issues of local importance; -legal regulation of the rights, duties and responsibilities of bodies and officials of local self-government in the exercise of certain state powers with which local self-government bodies are endowed with the Federal Law in the manner established by this basic Federal Law on local self-government; -the exercise of the executive, administrative and control powers of the federal executive authority in relation to the municipality and local self-government bodies is allowed only in cases and in the manner established by the Constitution of the Russian Federation and other legislative acts; -The Federal Law and (or) other normative legal acts of the Russian Federation regulating issues of local self-government must not contradict the Constitution of the Russian Federation and the basic law on local self-government. The Constitution provides legal, organizational, political and economic guarantees for local self-government (Articles 8, 9, 130-133). Legal guarantees of local self-government are contained in Art. 133 of the Constitution of the Russian Federation: “Local self-government in the Russian Federation is guaranteed by the right to judicial protection, to compensation for additional expenses incurred as a result of decisions taken by state authorities, a ban on restricting the rights of local self-government established by the Constitution of the Russian Federation and federal laws.” For the first time in the constitutional legislation of Russia, a special chapter "Local self-government" appeared in the Constitution. There are also a number of other norms of the Constitution devoted to local self-government. Article 72 of the Constitution states that the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation includes the establishment of general principles for organizing the system of local self-government. Article 32 enshrines the right of citizens to elect and be elected to local self-government bodies. Article 33 the right to appeal to local governments. a municipal form of ownership has been allocated, municipal ownership of land and other natural resources is allowed. 1.3 Analysis of the activities of local government in the Russian Federation As the practice of democratic states shows, the local level of power is the shortest and most direct way to solving urgent, vital problems for a modern person. People evaluate the effectiveness of power according to elementary, understandable criteria for everyone - heat in houses, street lighting, quality of roads, transport provision, etc. It is more rational to resolve these issues taking into account the opinion of the population in the places of direct residence of citizens - in cities, towns, villages, farms, etc. That is why one of the priorities of the state policy of Russia is the development of local self-government, the establishment of constant and comprehensive interaction between municipal bodies and the population. The formation of an effective system of local government is always a long and rather complicated process. Therefore, it is not surprising that in the Russian Federation this process is still under development and includes many unresolved issues associated with legislative support for the activities of local governments, an acute shortage of qualified specialists in the field of municipal government, the lack of reliable material and financial foundations for the activities of local authorities. In addition, the insufficiency of its own revenue base remains a big problem for local self-government. At the same time, the state authorities, taking into account the spending powers of municipalities, could provide them with long-term norms for deductions from regulatory taxes. Assessing the current state of local self-government in the Russian Federation, most domestic and foreign scientists and practitioners note extremely low level effectiveness of the system of local authorities operating in the country. Despite the recognition of municipal reform as a priority for the President of the Russian Federation and the Government of the Russian Federation, the transition to a new constitutional model of local self-government in our country has clearly been delayed. According to L. V. Gilchenko, the formation of an effective system of local self-government in our country is hampered by such factors as: the absence at the federal level of a unified nationwide concept of reforming local authorities on the principles of self-government. Any reform in the state must have a clearly defined goal, a strategy and tactics for achieving it, the stages of reform, the definition of social and legal mechanisms and social groups interested in reform and able to use these mechanisms. In this regard, the articles of the Constitution of Russia, devoted to the organization of local self-government, in best case can be regarded as a kind of ultimate goal, a declaration of the "intentions" of the state power and the "rights" of the population in this area. The program of state support for local self-government, despite its great importance, is also more of a preliminary commitment of the federal government than a reform strategy. Due to the lack of a single regulatory document that defines all the elements of the reform, the activities of various structures dealing with the organization of local self-government in the Russian Federation are completely uncoordinated, fragmented and often contradictory; L. V. Gilchenko this list also refers to the low level of political culture of the population, noting that the majority of Russian voters are still not well aware of the system of power relations that has developed in modern Russia. Therefore, on the one hand, they often make excessive demands on local self-government bodies, being sincerely sure that it is the local authorities that should solve all their problems, and on the other hand, they do not understand their rights and, as a rule, do not know how to protect them. and are unaware of their controlling role in relation to local governments." In order to overcome the obstacles that hindered the development of local self-government and its approach to the population, a lot of work has been done in the country in the past two years. their property and financial security. Thus, ways were outlined to get rid of the long confrontation between local and regional authorities, although this problem has not yet been fully resolved. In order to achieve the goals of the new stage of municipal reform, all levels of government will have to make serious efforts in the near future to strengthen the organizational, legal and economic foundations of local self-government. In order for the constitutional right of the population to exercise local self-government to receive its real embodiment, prerequisites are required not only of a legislative nature. In matters of forming an effective economic base for local self-government, real results are insignificant. It is economic problems that are the main factor hindering the development of local self-government in our country. In this regard, today the main efforts of the parliament and the government should be aimed at completing the formation of the economic foundations of local self-government, which are the guarantor of ensuring the financial and economic independence of local authorities. It is obvious that as long as the country lacks a solid material and financial basis for the development of local self-government and the economic dependence of local self-government bodies on federal and regional state authorities remains, the process of its transition to an autonomous model of local self-government cannot be considered complete. The creation of local power structures organizationally isolated from the state, even at the lowest possible local level, is only half the battle. Power must be secured economically. And this means that the fate of the entire municipal reform being carried out in the country today is directly dependent on the results of the search for effective mechanisms for strengthening the economic base of local self-government. Thus, the presence of organizational structures of local self-government with an economic and legal possibility, with the active participation and interest of the state and the population, can lead to the creation of real effective local self-government, and hence to ensuring a stable progressive development Russian society and the Russian state. CHAPTER 2. INTERACTION OF STATE AUTHORITIES AND LOCAL SELF-GOVERNMENT BODIES 2.1 Delimitation of powers and interaction between public authorities and local governments Today, local self-government is recognized as equal to the state and independent form of government. However, according to many estimates, when we talk about local self-government, we are still, as before, dealing with the state system of government. From the point of view of the real social functioning of local self-government, perhaps this is true. But from a legal point of view, local self-government as an autonomous form of democracy is a reality. Therefore, immediately after the relevant regulations were adopted, the state authorities of the constituent entities of the Federation faced the problem of delimiting powers between state authorities and local governments. This, of course, does not exhaust the problems of interaction between local self-government and state power, but due to the importance and severity of this particular problem, I would like to dwell on it. Local self-government in the Sverdlovsk region developed, in its modern sense, that is, after the adoption of the Constitution of 1993, quite intensively, the regional law was adopted earlier than the federal one, and on most points did not contradict it. Basically, by now, local governments, both representative and executive, have been formed, their rights and base are quite fundamental. We can say that from the institutional point of view, local self-government in the Sverdlovsk region has taken place. In these circumstances, the question naturally arises of delimiting powers and establishing interaction between the two levels of power. Obviously, in principle this problem can be solved in two possible ways. The first way is the creation on the territory of the community, on the territory of local self-government, of special state structures that will exercise state powers - by now, the vertical of executive state power is breaking off at the level of the subject of the Federation. And the second way is to give state powers to local self-government bodies on the basis of agreements or legislative acts. Each of these paths has its own advantages and disadvantages. The obvious drawback of the first way is the need to create new management structures, which will inevitably have to somehow fit into the management system, which will inevitably cause a lot of conflicts. The disadvantage of the second way is the impossibility to build effective system executive power from top to bottom due to the fact that local governments are legally separated from state authorities, and therefore the imperative opportunities to give instructions to local governments in state power are limited. And without this, a single vertical of executive power does not exist. Therefore, the delegation of authority would in many ways be a delegation of power without corresponding responsibility. In Russia, it was decided to take both of these paths as a basis, but at the same time, as a basic one, to stop all the same on the first option - on the creation of territorial structures of executive state power that will exercise state powers on the territory of local communities. As arguments in favor of such a decision, along with the need to create unified system vertical executive power, the following: -the need to bring state power closer to the population, -the need for more complete and in-depth informing of state authorities about the progress of affairs in local communities, -the need for a comprehensive socio-economic development of territories that are wider than the territories of local self-government, that is, intra-regional regions , on the territory of which there is not one local community, but, say, several or even several dozen of them. In 1996, the Governor's Decree was signed On the structure of the executive bodies of state power , which provided for the division of the region into 6 administrative districts. During 1996, special decrees were issued to create four administrative districts. When dividing into districts, several factors were taken into account. The most important of them is the demographic factor: the population in the districts should be approximately equal - approximately 700 thousand people in each, with the exception of Yekaterinburg. The economic factor was also taken into account, that is, the relative economic self-sufficiency of a particular district. The historical factor was taken into account, that is, the former county division was taken into account to some extent. Of course, the administrative factor was also important - the boundaries of the districts should not violate the existing administrative-territorial division. And finally, the electoral factor was taken into account - the boundaries of the districts basically coincided with the boundaries of the electoral districts. Strictly speaking, the creation of districts did not require any legislative formalization, since it was only about the redistribution of state powers. It was quite clear that these administrative districts would not encroach on any of the powers of local self-government. Therefore, it was actually about the creation of new structures of the regional executive power, and for this it was enough decrees of the governor or other by-laws. Nevertheless, the degree of legitimacy of the districts in this case would be insufficient and in many respects they would be tied up on the personality of the governor, who came up with the corresponding undertaking. Therefore, it was decided, at the initiative of the executive branch, to legislate the creation of districts. The general law was passed On the executive bodies of state power of the Sverdlovsk region , which spelled out the possibility of creating districts and their approximate powers. Currently, each of the newly created administrative districts is in the process of legislative formalization - a separate normative act. So far, one constituency has completed the legislative process. Along with the creation of districts, in parallel with this, the second option was also used, that is, vesting local governments with state powers. But he was chosen not as a base, but as an auxiliary. What real powers did the districts get? In principle, according to the regional law On the executive bodies of state power The administrative structure of the district manager includes the following subdivisions (and from this list it is already possible to judge what powers will be exercised): territorial departments of social protection, labor commissions, emergency headquarters, housing commissions. In addition, financial departments are being created to serve the functions of the district administration itself. Finally, the essential function that is given to the districts is the regulation of land relations - in the structure of the administration of the manager, committees are provided for land resources and land management. Eight state powers (not the most essential) by the general law On the vesting of state powers with local self-government bodies handed over to local governments. That is, local governments must fulfill these powers on a mandatory basis at the initiative of the regional legislator. In addition, it is envisaged that other state powers may be transferred to local self-government bodies under separate normative acts. The powers listed in relation to the districts constitute the maximum list. In principle, with sufficient maturity of local government, in some cases, some of the powers exercised by districts can be delegated to local governments. That is, this maximum list can be reduced. And I think that over time it will decrease, perhaps it will even be reduced already in relation to some of the currently existing municipalities. This is the general situation, if we talk about the legal side of the issue. But it must be said directly that so far the administrative districts are more of a social project than a reality. This is an object that is in its infancy, and in many respects in the projective stage. Therefore, naturally, there are quite a few problems that the administration of the governor and the government of the Sverdlovsk region are already facing in the implementation of this project. They can be roughly divided into three groups. Legal issues. The process extended over time. The counties were first created by decree of the governor. Now 4 out of 6 districts are actually functioning. Legislative formalization began later. As a result, the governors of the districts found themselves in a certain legal vacuum: the manager has been appointed, he must create the administration, but there is no corresponding regulatory framework that was expected, and therefore the district appears to be in a suspended state. And, most importantly, the district manager cannot decide on his future career. This caused a number of collisions. In particular, due to the fact that many district governors were appointed from among the mayors of the most major cities elected by the people in the respective constituency. And according to the existing legislation, the combination of work in local governments and in state authorities is unacceptable. In addition, a number of governors were also deputies of the upper house of the Legislative Assembly. However, it can be hoped that, given the pace of legislative work, by the end of 1997 this conflict will be overcome, all districts will be legalized, and district administrators will decide whether they will work as governors or remain mayors of cities and deputies of the Legislative Assembly. Problems of managerial optimality. The need to exercise state powers is a sufficient reason for the creation of districts. But still, apparently, the future of the districts is connected, mainly, not with this. Because the powers of the regional management structures, which will now be performed by the districts, were previously performed by municipalities. That is, in this case a certain restructuring of the governing bodies is simply taking place, but no managerial innovations are being created. But there may be bodies that will deal with the integrated socio-economic development of individual intra-regional regions . For the Sverdlovsk region, this is extremely important. The region is very heterogeneous, differentiated by its social, economic, socio-cultural characteristics, not to mention the demographic and purely territorial aspects. Problems within the regional regions , as well as their interests, are very different. Therefore, it seems logical to create a body that could, firstly, ensure the development intraregional programs, secondly, to allow for the horizontal integration of local governments and, finally, thirdly, to effectively lobby the interests of a particular territory in the executive authorities. The last circumstance is very significant because, according to the regional law, the administrators of the districts are members of the regional government. And they will perform the functions of not only (and maybe even not so much) procurators of the regional authorities in the territory, but also lobbyists for the interests of these territories in the executive bodies of state power. It seems that the future of the districts is connected precisely with this direction of development, and if the districts are established as administrative structures, then, first of all, to the extent that they will be able to perform this particular function. political problems. There is not a single serious problem in the region that would not be included in the context of the political struggle. The problem of local self-government is currently considered as one of its tools. But it is important to take into account that we are talking not about the conflict between state power and local self-government as such, but about the conflict between Yekaterinburg and the region as completely different social spaces. Yekaterinburg is a city very different from the Sverdlovsk region. This is a city of the Moscow type, with a very special socio-cultural and socio-economic type of development, it provides 57% of the consolidated budget of the region. The objective interest of the region is to take a certain amount of funds for the development of the region. The objective interest is to leave as much as possible more money at home. Naturally, in the conditions of political struggle, this conflict receives political representation. As for the methods of conducting political struggle, in the Sverdlovsk region the political struggle is very tough - but legal - in nature (unlike Primorsky Krai or Udmurtia). The political struggle in the region has entered the stage when the voters have the opportunity to make the final verdict. Of course, it cannot be argued that the creation of administrative districts is the best possible solution. But it is obvious that the problem of separation and delegation of powers exists objectively. Any solution in this area is inevitably experimental in nature, and because of this, any attempt to solve this problem can move mainly by trial and error. Therefore, the question is not whether there are reasons for creating administrative districts, but whether administrative districts will be able to occupy the niche that exists for them. 2.2 Interaction between public authorities and local governments Public administration implies not only control action, but also organizational cooperation between the state and its subjects with local self-government, which ensures the purposeful and efficient functioning of municipalities. In direct links, the main ones are control actions. AT feedback moments of cooperation and interaction, initiatives from below, perception and effectiveness of direct communications are put forward in the first place. In the system of public administration, the optimal combination of direct and reverse links is important. The interaction of state authorities and local self-government implies that they, as partners, are at least equal in relation to the main object of management, and it is carried out in order to achieve a common goal - to improve the level and quality of life of the population of each municipality and region as a whole. The problem of interaction between local self-government and state authorities has been and is taking place at almost all stages of the development of local self-government, both in Russia and in other countries. The Constitution of Russia fixed the organizational isolation of local self-government from state authorities, but in practice, effective management in all spheres of society is impossible without a well-established mechanism for their interaction. Most of our economic failures social sphere due to the fact that this mechanism fails. It is obvious that issues of local importance are inseparable from the state interest, do not remain and cannot remain without the influence of the state. At the federal level, two tasks are solved in relation to local self-government - ensuring guarantees for local self-government and developing a unified state policy in the field of local self-government. They are resolved in the following ways: firstly, at the federal level, the general principles of the organization of local self-government are legislatively established; secondly, federal government bodies accept programs of state support for local self-government; thirdly, in order to ensure the federal law "On the general principles of the organization of local self-government in the Russian Federation", a number of federal laws are adopted. In the formation and development of local self-government, state authorities of the constituent entities of the Russian Federation play an important role. The interaction of the latter with local governments largely determines the effectiveness of the implementation of regional policy - the solution of economic, political and social problems of the development of the municipality and the subject as a whole. On the other hand, such interaction ensures the effectiveness of municipal policy, contributing through the solution of issues of local importance to the implementation of state tasks: strengthening the foundations of democracy, creating conditions for ensuring the vital interests of the population, carrying out activities for the social protection of the population, stabilizing the political system, training personnel for municipal bodies. Recognition of local self-government means that the state sees in it a kind of social institution that does not have the properties state structure. Decentralization of management is a way not only to preserve the integrity of Russia, but also to effectively protect society and citizens, the harmonious development of spiritual, cultural, economic ties between all parts of the Russian state. The interaction of self-government with the supreme power can be traced from the very beginning of the emergence of the state in Russia. The communal self-government that operated in Russia, the zemstvos, were always in close contact with the city veche and princely power. They seemed to support and balance each other. A prominent specialist in the field of local government, Prince A.I. Vasilchikov, taking into account the experience of self-government in other countries, made the following conclusion: Self-government cannot be left to its own arbitrariness. A firm and complete organization of the legislature and the tax system must precede the introduction of local self-government in any country. .
Bezobrazov V.P. in his book State and society. Governance and self-government and the judiciary concludes that the state and self-government are inseparable, and that attempts at separation may lead to the destruction of either self-government or the state, since the former cannot become in the latter, a state within a state . In his opinion, self-government cannot be considered otherwise than in conjunction with the general organism of the entire state mechanism of government, of which it is included, as an organic part of a single whole .
Historically, this relationship has manifested itself in the following areas: firstly, in the participation of local authorities, assemblies of citizens in the discussion of draft laws that were put on public display; secondly, in holding elections to central bodies and territorial authorities in the formation of executive local bodies; thirdly, in the organization of work on the implementation of laws; fourthly, in the implementation of subjects of joint jurisdiction. The interaction of Soviet bodies was specific - it was a strict hierarchy of power structures, including representative bodies. Such a system of power organization was associated with the need for strict centralized management of all economic and social processes in the country. Local Soviets, together with the executive committees formally subordinate to them, were called upon to perform basically the same functions as the central authorities, this was how the unity of state power and state administration was ensured. This relationship model is based on the principle democratic centralism , according to which the local Soviets were just the foot of the pyramid of a single state power. Today, the interaction of regional government bodies and local governments is based on other principles: -legality, a combination of interests of the population of the subject and the corresponding municipality, taking into account historical and local traditions, -independence of local self-government bodies within their powers, mutual consent of state authorities and local self-government bodies in the development of a joint decision; -the provision of financial and material resources in the implementation of issues requiring a joint decision, the voluntariness of the conclusion of contracts and agreements; -mutual responsibility, publicity. 1) legal regulation of the organization and activities of local self-government and control over the implementation of relevant legislation; ) development and adoption of regional programs for the development of local self-government, ) improving the delimitation of the competence of state bodies and local self-government bodies, ) ensuring the financial and economic basis of local self-government, ) promoting the preservation and development of historical and other local traditions, ) protecting the rights of citizens to exercise local self-government. The interaction of public authorities and local authorities of the subject is carried out in the following main organizational forms: firstly, the main interacting structures are the bodies of state power and local self-government; secondly, joint temporary groups and commissions are created to solve one-time joint issues; thirdly, permanent working groups and commissions are created to address issues that require constant interaction; fourthly, on issues relating to all municipalities of the region, joint work is possible through associations of municipalities, for which they are given the necessary status. The solution of existing problems of interaction between state authorities and local self-government, as well as many others, requires a clear delineation of competence between the bodies of the subjects of the Federation and local self-government, the definition of issues of joint jurisdiction and a list of powers transferred to each other on the basis of a voluntarily concluded agreement. In the laws of a number of subjects of the Russian Federation on the procedure for transferring certain state powers to municipalities, there are direct discrepancies with the Constitution of the Russian Federation and the Federal Law "On the General Principles of Organizing Local Self-Government in the Russian Federation." In particular, it provides for the possibility of transferring powers under an agreement, although the Constitution of the Russian Federation does not establish such a procedure. It states that the transfer can only take place by law. It must be assumed that after the adoption of the federal law on the general principles of vesting local self-government bodies with separate state powers, amendments, clarifications and additions will be made to the laws of the constituent entities of the Russian Federation. In order to harmonize relations, the regions need a comprehensive regulatory legal act, for example, the Law On the interaction of state authorities and local self-government bodies of the subject of the Federation. It would establish the general principles of this interaction for the effective resolution of issues of state and local importance, the management of economic and social development subject and municipalities in the interests of the population. This law should consolidate the basic principles of interaction between state and municipal bodies of the subject, the forms of their interaction. It should specifically regulate interbudgetary relations between authorities, organizational and informational interaction. The Law should define the subjects of jurisdiction of the bodies of state power and local self-government of the subject, issues that require their joint decision, the procedure for vesting local self-government bodies with state powers. It must necessarily provide for the principle of transfer of material and financial resources for the implementation of certain state powers by local governments and the process of exercising these powers, the grounds and procedure for their termination. Clarification of the powers of regional state bodies and local self-government bodies on issues that require a joint decision, taking into account the economic, social and other characteristics of municipalities, in accordance with this legislative act can be carried out by a special contract (agreement). Its parties are the bodies of state power and local self-government within the powers assigned to them, the subject of the contract may be the specification of issues requiring joint decision, the conditions and procedure for their implementation, forms of interaction and cooperation in the execution of the contract, as well as other related issues. 3 State control over the implementation by local governments of certain state powers Part 2 Art. 132 of the Constitution of the Russian Federation states: “Local self-government bodies may be endowed by law with separate state powers with the transfer of material and financial resources necessary for their implementation. The implementation of the delegated powers is controlled by the state.” In the 2003 Law No. 131-FZ, in contrast to the 1995 Law No. 154-FZ, the issues of vesting local governments with separate state powers are regulated in more detail, which is discussed in Chapter 4. It determines that the powers of local governments established by federal laws and laws of the constituent entities of the Russian Federation, on issues not classified by this Federal Law as issues of local importance, are separate state powers transferred for implementation to local governments. The granting of certain state powers of the Russian Federation is carried out by federal laws and laws of the subjects of the Russian Federation, the powers of the subjects of the Russian Federation - by the laws of the subjects of the Russian Federation and delegation by other regulatory legal acts is not allowed. Unless otherwise established by federal law or the law of a constituent entity of the Russian Federation, delegated powers are exercised by local self-government bodies of municipal districts and urban districts, which they may be vested with for an unlimited period or, if these powers have a certain period of validity, for the duration of these powers. Financial support for the transferred state powers is carried out only at the expense of subventions provided to local budgets from the relevant budgets, although local governments have the right to additionally use their own material resources and financial resources for their implementation in cases and in the manner provided for by the charter of the municipality. Law No. 131-FZ of 2003 establishes requirements for the content of a federal law, a law of a constituent entity of the Russian Federation, providing for the vesting of local governments with separate state powers. Local self-government bodies are responsible for the implementation of individual state powers within the limits of material resources and financial resources allocated to municipalities for these purposes. State authorities exercise control over the exercise by local self-government bodies of certain state powers, as well as over the use of material resources and financial resources provided for these purposes. Local self-government bodies and local self-government officials are obliged to provide authorized state bodies with documents related to the exercise of certain state powers, and in case of detection of violations, authorized state bodies have the right to issue mandatory written instructions for their elimination, which in turn can be appealed in court . The empowerment of local self-government bodies with separate state powers allows solving state problems on the ground without creating special state bodies for this in municipalities, which saves state resources. At the same time, the volume of transferred state powers should not be too large. They should not prevail over the powers related to the resolution of issues of local importance and determining the functional purpose of self-government bodies as such. CONCLUSION The results of the study in term paper allow us to state that both at the federal level and at the level of the constituent entity of the Russian Federation, elements of a workable system of interaction between state authorities and local governments have been created, but the need for its improvement is obvious. Today, the search for optimal forms and mechanisms for delimiting the powers of state authorities and local self-government bodies continues in order to give new effective impulses to the formation and development of the system under consideration. They may include the following. The regulatory framework existing at the federal level is not sufficient for the development of the system of local self-government. No laws have been adopted that define the general principles of the organization of state power in the subjects of the Federation, regulate the relationship between the Russian Federation and its subjects, the principles and mechanisms for delimiting the subjects of jurisdiction and powers. The absence of a number of key federal laws does not allow local governments to actually exercise their functions of democracy in the form provided for by the Constitution of the Russian Federation. It is necessary to carry out at the federal level the legal consolidation of such an important function as the development of model bills for the subjects of the Federation and the preparation of recommendations for their application. This function is to some extent carried out by the Office for Local Self-Government of the President of the Russian Federation and the Department for Local Self-Government, but it is not dominant in their activities. In this regard, the formation of the legal framework of local self-government at the regional level has been unreasonably delayed, often the laws of the subjects of the Federation suffer from low quality, a superficial approach, internal contradictions, the unsettled nature of many relations, including in the financial and property spheres. The reasons for this lie in the fact that many subjects of the Federation do not have qualified lawyers and the necessary funding for such serious rule-making. Assigning this function to the Department for Local Self-Government of the Ministry of Regional Policy of Russia by making appropriate changes to the Regulations on the Department and the Regulations on the Ministry of Regional Policy will speed up and unify the legislative process at the regional level. To implement this function, it is necessary to provide for such a norm in the Regulations on the Department, in accordance with which it will be able to attract specialists from scientific institutions, deputies of representative bodies of local self-government for this purpose. Ensure practical and more effective participation of representatives of local governments in the development of state decisions, including in the composition of working bodies, commissions of the Council for Local Self-Government, the Council of Heads of Local Self-Government Bodies on Problems of Socio-Economic Reform under the Government of the Russian Federation, where the opinion of local authorities. This participation is clearly not sufficient today. The issue of the participation of local governments in the development of state decisions should be taken under special control of the state. It was the actual non-participation of representatives of local governments in the process of developing state decisions that caused many fundamental mistakes, starting with decisions on the privatization program and ending with the adoption of the first part of the Tax Code of the Russian Federation. If the mistakes of privatization have already been officially recognized, then the recognition of the mistakes made during the adoption of the tax code is obviously still ahead. An insufficient legal basis has been created at the federal level for optimal regulation of the sphere of division of competence between state authorities and local governments. It is necessary to systematize the legislation in this area and link the laws with each other. It makes sense to compile a list of state powers transferred to local governments on the basis of compliance with the principles of legality, socio-economic isolation, material and financial security, accountability, responsibility of officials and local governments, responsibility of public authorities. As for the form of vesting local governments with state powers - by law or by agreement - each of them has its own advantages and disadvantages. In Russian legislation, the method of transferring powers is fixed by law (federal or subject of the Federation). This implies a serious preparation of draft laws, the absence of contradictions with the current legislation, and the suppression of attempts to put pressure on local governments. However, the contractual form of empowerment has its advantages. In particular, the agreement provides for the voluntary acceptance of delegated or delegated powers, municipalities may be vested with state powers, but are not required), while the law gives powers on a mandatory basis. Also, the contract can provide for a procedure for the reverse transfer of powers in case of impossibility of their execution. BIBLIOGRAPHY 1. Normative legal acts and other official documents1. Russian Federation Budget Code of the Russian Federation of July 31, 1998 No. 145-FZ (as amended on November 29, 2014, as amended on December 28, 2014): adopted by the State. Duma of the Russian Federation on July 17, 1998. // Collection. Russian legislation. 1998. - No. 31. - Art. 3823. On the general principles of organization and local self-government of the Russian Federation: Feder. Law of October 6, 2003 No. 131-F3 (as amended on September 28, 2010): adopted by the State. Duma of the Russian Federation on September 16, 2013. // Collection. 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Science articles Appendix Sources of funds from the privatization of state and municipal property (million rubles) Total including state and municipal property 1) in federal ownership owned by constituent entities of the Russian Federation in municipal property 2015 Funds received from buyers of state and municipal property 2) - total 87462.634875.236597.415990.0 including: from the sale of shares of open joint stock companies60396 ,532407.426836.51152.6 from the sale of state and municipal property27065.52467.29760.914837.4 including: the sale of property complexes of state and municipal unitary enterprises not completed4123.9-395.53728.4purchase of land plots by the owners of real estate objects5259.5646.93095.81516.8sale of shares of closed joint-stock companies, shares of state and municipal participation in limited liability companies, contributions to limited partnerships3415.71807.21261.4347 ,1sales of leased public and m municipal property 3375.1-2463.9911.2 sale of other property 9569.213.11745.97810.2 other receipts of funds 0.60.6--
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