Municipal law as a complex branch of Russian law. Municipal law is a complex branch of law Municipal rights of citizens

The work was added to the site website: 2015-10-28

Order writing a unique work

PLAN

Introduction 2

1. Prerequisites for the formation of the “Municipal Law” industry Russian Federation» 3

2. The concept of the complex nature of Municipal Law 7

3. The role of the subject of legal regulation as a primary principle in the process of structuring the system of municipal law 10

4. Method of legal regulation as a classification feature of the system of Municipal law 17

Conclusion 20

List of sources used 21

Introduction

The development of the local government system in Russia has led to the emergence of a new complex branch - municipal law. Municipal law is born at the intersection of several branches: constitutional law, administrative law, financial law, land law, which creates certain difficulties in its study. The system of local self-government in our country has not yet fully developed and is in its infancy. Not all constituent entities of the Russian Federation have adopted laws on local self-government, regulations (charters) of municipalities, therefore it seems appropriate in this course to study our own experience using the example of zemstvos and councils, and the experience of other countries.

Target test work- consider municipal law as a branch of law.

The object of research is local government.

Subject: municipal law as a branch.

The research aims to:

1. Consider the concept and subject of municipal law of the Russian Federation as a branch of law;

2. Determine the subject composition of municipal legal relations;

3. Analyze the sources of municipal law;

4. Consider the methods of municipal law;

5. Show the norms and institutions of municipal law;

6. Determine the place of municipal law in the Russian legal system.

1. Prerequisites for the formation of the industry “Municipal Law of the Russian Federation”

The concept of “municipal law” is new for our state science, although issues of municipal administration and municipal economy were at one time the subject of research by lawyers and figures of the zemstvo movement of pre-revolutionary Russia, as well as individual scientists of the 20s /4/.

The terms “municipality” and “municipal economy” reflected the political, legal and economic uniqueness of the historically established urban community. The word “municipality” comes from Latin; in Latin it means heaviness, burden, burden. Therefore the municipality was called city government, taking on the burden of solving citywide problems and managing economic funds. The appearance of the term “municipality” dates back to the republican era of the history of Ancient Rome: this was the name of the cities that enjoyed the rights of self-government. Currently, “municipalities” are elected urban and rural self-government, although it must be borne in mind that in some countries (for example, in the USA), only city self-government is called municipal /5/.

In the legislation of the Russian Federation, the term “municipal” is used to describe both city and rural self-government. At the same time, however, it must be taken into account that the Constitution of the Russian Federation does not use the concepts of “municipality”, “municipal bodies”, “municipal law”, but “local self-government”, “local self-government bodies”. But at the same time, the Constitution of the Russian Federation establishes municipal property as one of the forms of ownership, recognizing the right to independently manage it for local governments in both urban and rural settlements. Federal Law “On general principles organizations of local self-government in the Russian Federation" dated August 28, 1995" establishes that the terms “municipal” and “local” and phrases with these terms are used in relation to local government bodies, enterprises, institutions and organizations, property and other objects, targeted the purpose of which is related to the implementation of the functions of local self-government, as well as in other cases relating to the exercise of local self-government by the population (Article 1). The same Law, regulating issues of the legislative framework of local self-government, directly speaks of the norms of municipal law (Article 7). thus there is every reason to name the new industry Russian law municipal law, which is essentially the law of local self-government. /4/

Issues of local self-government were actively studied in pre-revolutionary Russia. At that time it was published a large number of scientific, socio-political literature on issues of zemstvo and city self-government.

During the Soviet period, the legal aspects of the activities of local authorities and management were studied by specialists in state and administrative law. It should be noted that in the legal literature of the Soviet period, attempts were made to use the idea of local self-government in relation to local Soviets.

In 1928, a book by L.A. was published. Velikhov's "Fundamentals of Municipal Economy", in which the author attempted to "succinctly present municipal science as a whole." However, in the 30-40s of the 20th century, most Soviet legal studies rejected the very idea of local self-government. And only in the early 50s in the work of S.N. Bratusya the term “self-government” appears again, which, however, was associated with the activities of local Soviets.

In 1963, the work of V.A. was published. Pertsik “Problems of local self-government in the USSR”, who considered local self-government as part of state self-government.

Great contribution to the development of issues of organization and activities of local authorities Soviet power contributed by scientists such as I.A. Azovkin, S.A. Avakyan, G.V. Barabashev, A.A. Bezuglov, V.I. Vasiliev, R.F. Vasiliev, L.A. Grigoryan, A.I. Kim, O.E. Kutafin, A.I. Lukyanov, A.I. Lepepshin, V.A. Pertsik, A.Ya. Sliva, N.G. Starovoitov, Yu.A. Tikhomirov, Ya.N. Umansky, V.I. Fadeev, K.F. Sheremet et al.

Currently, municipal law as a scientific discipline is developing very actively. A number of studies on this topic have already been published, and dissertation studies have appeared. A new scientific discipline, “Municipal Law of Russia,” has also emerged. Its study is provided in accordance with the state educational standard as one of the compulsory disciplines in the specialty "Jurisprudence". And at the present stage, the concept of “municipal law” is used in two main meanings. Firstly, the concept of “municipal law” characterizes a relatively independent legal entity in the legal system of the Russian Federation, and, secondly, this is the name of the scientific discipline that studies the norms of municipal law and the social relations regulated by them.

Municipal law as a legal entity is not one of the main branches of law. Its place in the Russian legal system is determined by the fact that municipal law is a secondary, derivative formation that arose as a result of the development of local self-government and legislation on it. Such formations in science are called complex industries (these include economic, maritime, banking, insurance law, etc.). The uniqueness of such legal formations in the legal system is manifested in the fact that the norms that make up a complex industry are, as it were, defined “at two addresses.” Firstly, they act as norms of the main branches of law (for example, state law). Secondly, these norms, being norms of the main branches of law and remaining as such, are at the same time included in the secondary legal structure - the so-called complex branch of law.

The basis for the formation of municipal law as a branch of law was the formation and development of local self-government in the Russian Federation. Therefore, municipal law, as noted above, can be defined as the law of local self-government. It is the specifics of municipal government, the peculiarities of relations that arise in the process of implementing local self-government that determine the uniqueness of municipal law and its subject matter.

The subject of municipal law is the relations that arise in the process of organization and activities of local government in urban, rural settlements and other territories.

2. The concept of the complex nature of Municipal Law

Features of the subject of legal regulation are associated with the complex nature of municipal law, which does not belong to the main branches of Russian law, but is derived from other branches. Therefore, municipal law is usually defined as a complex branch of law. Its complex nature is manifested in the fact that many social relations arising at the local level are regulated by the norms of other branches of law, namely: constitutional, administrative, civil, financial, land and other branches. This is a feature of municipal legal norms, since they simultaneously relate to the norms of the main branches of law and are norms of municipal law.

In addition, the complex nature of Russian municipal law is noted by the fact that it represents a set of legal norms that establish and regulate:

local self-government, as an independent institution of civil society, the most important form of democracy;
legal, territorial, economic, financial foundations of local self-government;
organization and forms of implementation of local self-government;
subjects of jurisdiction and powers of local government,
guarantees of its implementation, responsibility of local government bodies and officials.

Municipal law has taken shape organizationally and separated from constitutional law, which determines the principles and principles of the organization of local self-government, the forms and guarantees of the implementation of local self-government, and its place in the system of democracy. The norms of constitutional law establish the foundations of municipal law. All other legal norms regulating public relations arising in the process of organizing and implementing local self-government are norms of municipal law.

Legal norms that consolidate and regulate social relations arising in the process of organizing and operating local government are called municipal legal norms. Taken together, these norms form municipal law as a branch of Russian law. The norms of municipal law have those common features that are characteristic of all legal norms. At the same time, municipal legal norms also have their own characteristics.

Legal norms, as a rule, appear as a result of the law-making activities of the state and its bodies. A significant part of the norms of municipal law consists of generally binding rules of conduct contained in regulations local governments that are not part of the system of state authorities. The Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” establishes the right of local government bodies and local government officials to adopt (issue) legal acts on issues within their jurisdiction.

The originality of the norms that collectively make up municipal law is also determined by the fact that municipal law is a complex branch of law. The specificity of such legal formations in the legal system is manifested in the fact that the norms of a complex branch of law are, as it were, distributed “at two addresses.” As already noted, many norms of municipal law also act as norms of basic branches of law, such as state (constitutional) law, civil law, financial law, etc.

3. The role of the subject of legal regulation as a primary principle in the process of structuring the system of municipal law

Modern Russian municipal law has its own subject of legal regulation, which is understood as a system of social relations that arise in the process of organizing and operating local government, objectively amenable to regulatory and organizational influence and receiving such influence. Possessing signs of unity, universality and structure, the subject of legal regulation ensures, accordingly, the unity of the system of municipal law and its elements, the isolation of municipal law in the structure of law, the differentiation of social relations, including the legal status of their subjects /4/.

Municipal law, like any other branch of law, is a set of interconnected legal norms that consolidate and regulate a certain range of social relations.

Subject certainty is the main condition for the formation and development of municipal law. The subject of municipal law is the range of social relations emerging in the sphere of local self-government.

When determining the subject of municipal law and the features of its method, it is necessary to take into account a number of circumstances. First of all, this is the complex nature of the branch of law. Local self-government is not isolated from other social relations; the municipal level is influenced by the norms of other branches of law. For example, the implementation of human and civil rights and freedoms, the implementation of the basic duties of citizens are protected by constitutional law; when exercising budgetary rights, municipalities use the norms of budget legislation; When making transactions of a civil law nature, local government bodies are guided by the norms of civil law, etc.

Thus, the subject of municipal law includes part of the relations regulated comprehensively by several branches of law. Therefore, some of the norms of various branches of law simultaneously become norms of municipal law.

In addition, the norms of municipal law regulate a complex system of relations of both public law and private law nature. The first include relations that arise between state and municipal bodies. The second includes the economic activities of municipal enterprises, civil relations of the local administration with other legal entities.

Thus, Russian municipal law is considered as a set of legal institutions regulating heterogeneous social relations, which determines its complex nature.

The subject has a decisive influence on the degree of municipal legal regulation of social relations and determines the forms and methods of such regulation. The social relations that make up its content are developing in the direction of their specialization and the identification of new sub-sectors and institutions of municipal law.

As already mentioned, the subject of modern Russian municipal law is complex, which is manifested in the following.

Municipal law has areas of interaction and “border zones” with other, main branches of law. Many municipal legal norms are used as norms of constitutional, administrative, financial, civil, land and other branches of law for the purpose of comprehensive regulation of relations in various areas and areas of local government.

The presence in municipal law, along with “dual purpose” norms, of its own, exclusively municipal legal norms. The norms that establish the organization of local self-government in the charters of municipalities have a special, constituent nature.

Municipal law, like any other branch of law, is a set of interconnected legal norms that consolidate and regulate a special range of social relations. It is known that branches of law differ primarily in the subject of regulation. Therefore, in order to give the concept of municipal law, it is necessary to identify the specifics of the social relations that make up its subject. This will make it possible to distinguish municipal law from other branches of Russian law and determine what determines the unification of these relations into independent species public relations, objectively requiring municipal legal regulation.

To understand the concept of municipal law, it is necessary to identify the subject of the branch of municipal law, that is, those social relations that are regulated by municipal legal norms. Such relationships can be divided into the following groups:

1) relations related to the participation of local government in the implementation of democracy;

2) relations related to the determination of the legal, territorial, economic, financial foundations of local self-government;

3) relations related to the organization of local self-government, the organizational and legal structure of local authorities;

4) relations arising in the course of the exercise by citizens of the Russian Federation of the right to local self-government in the form of direct expression of will and through elected and other local government bodies;

5) relations arising in the exercise of the jurisdiction and powers of local self-government, on the one hand, their own powers to resolve issues of local importance, on the other hand, certain state powers vested in local government bodies;

6) relations related to the implementation of guarantees for the implementation of local self-government, including judicial protection of local self-government, compensation for expenses arising in connection with the imposition of additional powers on them, as well as in connection with unlawful actions of public authorities.

The subjects of relations arising in the process of implementing local self-government are:

A) the population of a given territory (population of urban, rural settlements, other territories). The population elects local government bodies and resolves other issues of local importance through a referendum. Citizens permanently residing in the given territory have the right to participate in elections and local referendums. Local self-government can be exercised by the population through other forms of direct democracy: meetings, gatherings of citizens.

The population is the main subject of local self-government, because through various organizational forms it solves the most important issues of local importance: manages municipal property, determines the structure of local government bodies, etc. Sometimes, when characterizing the main subject of local self-government, concepts such as “local community”, “self-governing” are used community", which are essentially equivalent to the concept of "population":

B) citizen of the Russian Federation. As noted above, legal acts on local self-government usually condition a citizen’s participation in local self-government on the fact of his permanent residence in the relevant territory. Although other solutions to this issue are possible. Thus, in foreign countries, as a rule, a member of a commune is any person who has a permanent place of residence in the commune, as well as owns and manages real estate in the commune or is an entrepreneur in this territory.

Citizens exercise the right to participate in elections to local government bodies and to be elected to them upon reaching the age of 18. At the same time, it must be borne in mind that the Law of the Russian Federation on Local Self-Government in the Russian Federation (1991) provides that citizens over 16 years of age can take part in the general meeting (gathering). The legislation of the Russian Federation on local self-government does not grant the right to elect and be elected to local government bodies to stateless persons and foreigners permanently residing in the territory of the Russian Federation.

Citizens are guaranteed full rights to participate in local self-government without any restrictions depending on political beliefs, race and nationality, social origin, gender, social or property status, language, attitude to religion;

C) elected and other local government bodies in cities, rural settlements, districts - meetings of representatives, heads of local government, etc.;

D) government bodies, enterprises, institutions, organizations various forms property, public associations, voluntary associations (associations) of economic interaction of local governments. These entities act as participants in municipal relations in cases where they interact with local government bodies that carry out their functions and tasks.

7) relations arising from the responsibility of local government bodies and officials to the population, the state, individuals and legal entities. /3/

The proper place of modern municipal law in Russian law is determined by the established system of this industry, the presence of both private law and public law features. Based on this, municipal law is characterized as public-private law, in the subject of which public relations predominate. In municipal law, institutions are distinguished that are not institutions of other branches of law. An indicator of the industry’s independence is the structuring of its general and special parts, which indicates high level internal consolidation of legal norms and the constant development of municipal law. Municipal law has its own rules that confirm the independence of municipal law as a branch of law. In this regard, the increasing role and importance of municipal law is an objective and historically conditioned process.

Modern Russian municipal law corresponds to a separate branch of municipal legislation, covering the federal, regional and local levels. It has not yet developed into a developed, well-organized system. Characteristic features of the legislation regulating various areas of local self-government are cumbersomeness, the imposition of one act on another, contradictions and gaps in legal regulation. Many legal norms suffer from inaccuracy, vagueness, and ambiguity of content. Within the framework of municipal legislation, there are contradictions that are manifested in more general problems of the federal structure, the unclear delimitation of the competence of the Russian Federation and its constituent entities on the subjects of their joint jurisdiction. Hence the need for systematization, which is currently not carried out in all forms identified by the general theory of law: accounting of normative legal acts, incorporation, consolidation and codification.

4. Method of legal regulation as a classification feature of the system of Municipal law

Methods are understood as ways of influencing public relations in the local government system.

Due to the fact that municipal law covers the spheres of public and private law, it combines two ways of regulating social relations in the system of local self-government: imperative and dispositive.

The imperative method is that in the system of local self-government decisions are made at local referendums, meetings, gatherings, representative and executive bodies of local government, local government officials, which are binding on all subjects of legal relations operating within the boundaries of the municipality.

In case of failure to comply with decisions of local self-government adopted within its competence, liability arises in accordance with current legislation.

The imperative method is provided for by the legislation on local self-government for deputies and elected officials.

The dispositional method is borrowed from the sphere of private law. Local government bodies are legal entities and act independently in civil proceedings. They have the right to enter into agreements with legal entities and government bodies /5/.

Municipal entities are the owners of municipal property. On their behalf, local government bodies manage and dispose of municipal property.

When forming municipal property, local government bodies acquire movable and immovable property by concluding sales and purchase agreements, etc.

Thus, municipal law is characterized by a combination of two methods of regulating relations in the system of local self-government: imperative and dispositive, which distinguishes it from other branches of law.

Basically, in essence, local self-government as a public legal institution is characterized, of course, by the predominance of public legal methods of legal regulation. However, in those areas of legal regulation of local self-government that relate to the activities of its bodies as legal entities, the implementation of their powers in the field of management of municipal property, local finances, etc., as a rule, private law methods are used. Methods of legal regulation are largely focused on methods of legal regulation, to which the theory of law includes permission, obligation and prohibition. Municipal law as a complex branch of law is characterized by the use in the mechanism of legal regulation of such methods of legal influence as permission and obligation. The place of the scientific discipline of municipal law in the system of legal sciences is, first of all, determined by the characteristics of municipal law as a complex branch of law. Its relationship and interrelation with legal sciences are determined by the relationship of municipal law with the branches of Russian law. State law consolidates the fundamental principles of the organization and activities of local self-government, delineates the competence of the Russian Federation and the constituent entities of the Russian Federation in the field of local self-government. The science of public law uses many categories and concepts (local government, local government bodies, the competence of local government bodies, general principles of organization of local government, etc.), which are included in the scientific apparatus of municipal law as a scientific discipline. The scientific discipline of municipal law closely interacts with the sciences of administrative law, financial law, civil law, land law, and environmental law. These branch sciences, within the framework of their subjects, explore many issues related to the activities of municipal authorities in different areas of life. The scientific discipline of municipal law interacts with these branch sciences, exploring the problems of municipal services, municipal property, local budgets, municipal lands, etc. Thus, municipal law, due to the complex nature of the subject of its study, integrates theoretical knowledge a number of industry legal sciences concerning the problems of the activities of local governments, in whole system scientific knowledge about municipal law. The formation and development of a special legal branch and the scientific discipline of municipal law is one of the most important factors contributing to the creation and functioning of an effective system of local government in our country.

Conclusion

So, the concept of “municipal law” is new to our government. However, in essence, the right of local self-government has a long tradition of development in Russia.

Municipal law, like any other branch of law, is a set of interconnected legal norms that consolidate and regulate a special range of social relations.

Municipal law affects social relations arising at the local level, different ways and techniques, which in their entirety are usually called methods of legal regulation. These include: regulations, permissions, prohibitions.

Taking into account all that has been said, we can give a more detailed definition of municipal law.

Russian municipal law is a complex branch of Russian law, which is a set of legal norms that establish and regulate local self-government as an independent institution of civil society, the most important form of democracy, legal, territorial, economic, financial foundations of local self-government, organization and forms of implementation of local self-government, subjects conduct and powers of local government, guarantees of its implementation, responsibility of local government bodies and officials.

List of sources used

Constitution of the Russian Federation - M, 1993
Federal Law of the Russian Federation No. 154-FZ of August 28, 1995 “On the general principles of organizing local self-government in the Russian Federation”
Federal Law of the Russian Federation No. 131-FZ of October 6, 2003. “On the general principles of organizing local self-government in the Russian Federation”
Avakyan S. A. Problems of local self-government at the present stage // Law. 1998. No. 2-3. P. 26.
Bondar N.S., Avseenko V.I., Bocharov S.N. Municipal law of the Russian Federation. - M., 2005.
Vydrin I.V., Kokotov A.N. Municipal law of Russia. -Ekaterinburg, 2003.
State law of the Russian Federation. - M., 1996.
Kutafin O. E., Fadeev V. I. Municipal law of the Russian Federation. - M., 1997.
Postovoy N.V. Municipal law of Russia: Questions and answers. – M., 2006.
Tikhomirov Yu. A. Public law. - M., 1995.
Fadeev V.I. Municipal law of the Russian Federation: problems of formation and development: Author's abstract. dis. Doctor of Law Sci. - M., 2001
Shugrina E. S. Municipal law. - Novosibirsk, 1995.

Order writing a unique work 1.

The purpose of the test is to consider municipal law as a branch of law.

The object of research is local government.

Subject: municipal law as a branch.

The research aims to:

1. Consider the concept and subject of municipal law of the Russian Federation as a branch of law;

2. Determine the subject composition of municipal legal relations;

3. Analyze the sources of municipal law;

4. Consider the methods of municipal law;

5. Show the norms and institutions of municipal law;

6. Determine the place of municipal law in the Russian legal system.

The terms “municipality” and “municipal economy” reflected the political, legal and economic uniqueness of the historically established urban community. The word “municipality” comes from Latin; in Latin it means heaviness, burden, burden. Therefore, a municipality was the name given to a city government that takes upon itself the burden of solving citywide problems and managing economic funds. The appearance of the term “municipality” dates back to the republican era of the history of Ancient Rome: this was the name of the cities that enjoyed the rights of self-government. Currently, “municipalities” are elected urban and rural self-government, although it must be borne in mind that in some countries (for example, in the USA), only city self-government is called municipal /5/.

In the legislation of the Russian Federation, the term “municipal” is used to describe both city and rural self-government. At the same time, however, it must be taken into account that the Constitution of the Russian Federation does not use the concepts of “municipality”, “municipal bodies”, “municipal law”, but “local self-government”, “local self-government bodies”. But at the same time, the Constitution of the Russian Federation establishes municipal property as one of the forms of ownership, recognizing the right to independently manage it for local governments in both urban and rural settlements. The Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” of August 28, 1995 establishes that the terms “municipal” and “local” and phrases with these terms are used in relation to local government bodies, enterprises, institutions and organizations, objects property and other objects, the purpose of which is related to the implementation of the functions of local self-government, as well as in other cases relating to the exercise of local self-government by the population (Article 1). The same Law, regulating issues of the legislative framework of local self-government, directly speaks of the norms of municipal law ( Article 7). Thus, there is every reason to call the new branch of Russian law municipal law, which is essentially the law of local self-government. /4/

Issues of local self-government were actively studied in pre-revolutionary Russia. At that time, a large amount of scientific, socio-political literature on issues of zemstvo and city self-government was published.

In 1963, the work of V.A. was published. Pertsik “Problems of local self-government in the USSR”, who considered local self-government as part of state self-government.

A great contribution to the development of issues of organization and activity of local bodies of Soviet power was made by such scientists as I.A. Azovkin, S.A. Avakyan, G.V. Barabashev, A.A. Bezuglov, V.I. Vasiliev, R.F. Vasiliev, L.A. Grigoryan, A.I. Kim, O.E. Kutafin, A.I. Lukyanov, A.I. Lepepshin, V.A. Pertsik, A.Ya. Sliva, N.G. Starovoitov, Yu.A. Tikhomirov, Ya.N. Umansky, V.I. Fadeev, K.F. Sheremet et al.

The subject of municipal law is the relations that arise in the process of organization and activities of local government in urban, rural settlements and other territories.

In addition, the complex nature of Russian municipal law is noted by the fact that it represents a set of legal norms that establish and regulate:

Local self-government, as an independent institution of civil society, is the most important form of democracy;

Legal, territorial, economic, financial foundations of local government;

Organization and forms of implementation of local self-government;

Subjects of jurisdiction and powers of local government,

Guarantees of its implementation, responsibility of local government bodies and officials.

Legal norms, as a rule, appear as a result of the law-making activities of the state and its bodies. A significant part of the norms of municipal law consists of generally binding rules of conduct contained in the regulations of local governments, which are not part of the system of state authorities. The Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” establishes the right of local government bodies and local government officials to adopt (issue) legal acts on issues within their jurisdiction.

3. The role of the subject of legal regulation as a primary principle in the process of structuring the system of municipal law

Municipal law, like any other branch of law, is a set of interconnected legal norms that consolidate and regulate a certain range of social relations.

Thus, Russian municipal law is considered as a set of legal institutions regulating heterogeneous social relations, which determines its complex nature.

As already mentioned, the subject of modern Russian municipal law is complex, which is manifested in the following.

Municipal law, like any other branch of law, is a set of interconnected legal norms that consolidate and regulate a special range of social relations. It is known that branches of law differ primarily in the subject of regulation. Therefore, in order to give the concept of municipal law, it is necessary to identify the specifics of the social relations that make up its subject. This will make it possible to distinguish municipal law from other branches of Russian law and determine what determines the unification of these relations into an independent type of social relations that objectively requires municipal legal regulation.

1) relations related to the participation of local government in the implementation of democracy;

2) relations related to the determination of the legal, territorial, economic, financial foundations of local self-government;

3) relations related to the organization of local self-government, the organizational and legal structure of local authorities;

The subjects of relations arising in the process of implementing local self-government are:

a) the population of a given territory (population of urban, rural settlements, other territories). The population elects local government bodies and resolves other issues of local importance through a referendum. Citizens permanently residing in the given territory have the right to participate in elections and local referendums. Local self-government can be exercised by the population through other forms of direct democracy: meetings, gatherings of citizens.

b) citizen of the Russian Federation. As noted above, legal acts on local self-government usually condition a citizen’s participation in local self-government on the fact of his permanent residence in the relevant territory. Although other solutions to this issue are possible. Thus, in foreign countries, as a rule, a member of a commune is any person who has a permanent place of residence in the commune, as well as owns and manages real estate in the commune or is an entrepreneur in this territory.

c) elected and other local government bodies in cities, rural settlements, districts - meetings of representatives, heads of local government, etc.;

d) government bodies, enterprises, institutions, organizations of various forms of ownership, public associations, voluntary associations (associations) for economic interaction of local governments. These entities act as participants in municipal relations in cases where they interact with local government bodies that carry out their functions and tasks.

7) relations arising from the responsibility of local government bodies and officials to the population, the state, individuals and legal entities. /3/

The proper place of modern municipal law in Russian law is determined by the established system of this industry, the presence of both private law and public law features. Based on this, municipal law is characterized as public-private law, in the subject of which public relations predominate. In municipal law, institutions are distinguished that are not institutions of other branches of law. An indicator of the industry’s independence is the structuring of its general and special parts, which indicates a high level of internal consolidation of legal norms and the constant development of municipal law. Municipal law has its own rules that confirm the independence of municipal law as a branch of law. In this regard, the increasing role and importance of municipal law is an objective and historically conditioned process.

Methods are understood as ways of influencing public relations in the local government system.

In case of failure to comply with decisions of local self-government adopted within its competence, liability arises in accordance with current legislation.

The imperative method is provided for by the legislation on local self-government for deputies and elected officials.

Municipal entities are the owners of municipal property. On their behalf, local government bodies manage and dispose of municipal property.

When forming municipal property, local government bodies acquire movable and immovable property by concluding sales and purchase agreements, etc.

Basically, in essence, local self-government as a public legal institution is characterized, of course, by the predominance of public legal methods of legal regulation. However, in those areas of legal regulation of local self-government that relate to the activities of its bodies as legal entities, the implementation of their powers in the management of municipal property, local finances, etc., private law methods are usually used. Methods of legal regulation are largely focused on methods of legal regulation, to which the theory of law includes permission, obligation and prohibition. Municipal law as a complex branch of law is characterized by the use in the mechanism of legal regulation of such methods of legal influence as permission and obligation. The place of the scientific discipline of municipal law in the system of legal sciences is, first of all, determined by the characteristics of municipal law as a complex branch of law. Its relationship and interrelation with legal sciences are determined by the relationship of municipal law with the branches of Russian law. State law consolidates the fundamental principles of the organization and activities of local self-government, delineates the competence of the Russian Federation and the constituent entities of the Russian Federation in the field of local self-government. The science of public law uses many categories and concepts (local government, local government bodies, the competence of local government bodies, general principles of organization of local government, etc.), which are included in the scientific apparatus of municipal law as a scientific discipline. The scientific discipline of municipal law closely interacts with the sciences of administrative law, financial law, civil law, land law, and environmental law. These branch sciences, within the framework of their subjects, explore many issues related to the activities of municipal authorities in different areas of life. The scientific discipline of municipal law interacts with these branch sciences, exploring the problems of municipal services, municipal property, local budgets, municipal lands, etc. Thus, municipal law, due to the complex nature of the subject of its study, integrates the theoretical knowledge of a number of branch legal sciences relating to the problems of the activities of bodies local government, into a holistic system of scientific knowledge about municipal law. The formation and development of a special legal branch and the scientific discipline of municipal law is one of the most important factors contributing to the creation and functioning of an effective system of local government in our country.

So, the concept of “municipal law” is new to our government. However, in essence, the right of local self-government has a long tradition of development in Russia.

Municipal law, like any other branch of law, is a set of interconnected legal norms that consolidate and regulate a special range of social relations.

Municipal law influences social relations arising at the local level in various ways and techniques, which in their entirety are usually called methods of legal regulation. These include: regulations, permissions, prohibitions.

Taking into account all that has been said, we can give a more detailed definition of municipal law.

1. Constitution of the Russian Federation - M, 1993

2. Federal Law of the Russian Federation No. 154-FZ of August 28, 1995. “On the general principles of organizing local self-government in the Russian Federation”

3. Federal Law of the Russian Federation No. 131-FZ of October 6, 2003. “On the general principles of organizing local self-government in the Russian Federation”

4. Avakyan S. A. Problems of local self-government at the present stage // Law. 1998. No. 2-3. P. 26.

5. Bondar N.S., Avseenko V.I., Bocharov S.N. Municipal law of the Russian Federation. - M., 2005.

6. Vydrin I.V., Kokotov A.N. Municipal law of Russia. -Ekaterinburg, 2003.

7. State law of the Russian Federation. - M., 1996.

8. Kutafin O. E., Fadeev V. I. Municipal law of the Russian Federation. - M., 1997.

9. Postovoy N.V. Municipal law of Russia: Questions and answers. – M., 2006.

10. Tikhomirov Yu. A. Public law. - M., 1995.

11. Fadeev V.I. Municipal law of the Russian Federation: problems of formation and development: Author's abstract. dis. Doctor of Law Sci. - M., 2001

Complex industry – an industry whose subject is formed by relations of different industry affiliations.

The concept of “municipal law,” which is unusual for us, and has long become common in developed countries, already gives every reason to define it not as a branch of Russian law, but as a branch of Russian legislation that legally ensures the systemic functioning of all structural units of local authorities and thereby resolves all issues socio-economic, cultural, everyday and other nature arising on the territory of the municipality.

As a form of public power, local self-government (and the local population, and the apparatus formed by it, and the corresponding officials) implements the norms of many branches of law: constitutional, administrative, financial, civil, etc., therefore local self-government cannot be called a branch of law and even be called complex (or secondary) branch of law, since they are just a legal image, which is completely insufficient for a scientific legal analysis of such a complex legal concept as municipal law. For example, the provision of Part 2 of Art. 3 of the Constitution of the Russian Federation, which enshrines the exercise of democracy through bodies of state power and local self-government, cannot be presented as a norm of municipal law as an industry. This norm-principle is the most important norm of constitutional (state) law of the Russian state as the main branch of the legal system. She rightly found her place in ch. 1 “Fundamentals of the constitutional system” of section one of the Constitution of the Russian Federation.

In the practice of municipal self-government, norms of both administrative and other branches of law are often applied. Of course, they are part of municipal law, but they do not form it as a branch, but fill the law with content. As part of municipal law, an important place belongs to the rules governing relations arising regarding the ownership, use, disposal and management of municipal property. This institution has a constitutional status (Part 1 of Article 130, Part 1 of Article 132 of the Constitution of the Russian Federation), regulated by the Law on General Principles of the Organization of Local Self-Government (Articles 1, 4, 5, 30–32, etc.), constitutes one from the main institutions of civil law (see, for example, Article 215 of the Civil Code).

Of course, it is impossible to even roughly list the totality of legal norms of various branches of the Russian legal system that are part of the complex legal complex called “municipal law”. However, their careful analysis and generalization make it possible to define municipal law at this stage of its formation and development. Municipal law is a branch of the Russian legislative system, which includes the norms of many branches of law that legally ensure the functioning of all institutions of local government and the local decision of certain state powers vested in local governments.

In practice, the meanings municipal and local are identical and are used equally in relation to phenomena and structures related to local self-government.

Municipal law is a complex branch of law, formed at the intersection of several branches. This characteristic of municipal law is based on the features of its subject: social relations that constitute the subject of municipal law are a complex, integrated system of economic, financial, socio-cultural, political, organizational and managerial relations that arise in the process of organizing and exercising municipal power, decisions population on issues of local importance. The complex nature of municipal law means that it is a secondary industry, which is formed and developed largely “at the expense” of other, primarily core, industries, borrowing from them individual norms and entire institutions.

Municipal law is an independent branch of law, since:

1) The Constitution of the Russian Federation established local self-government as one of the channels for the implementation of democracy (Part 2, Article 3), endowed the population of urban, rural settlements and other territories with the status of a subject of law (Articles 8, 9);
2) municipal law regulates relations in the sphere of local self-government as one of the forms of unified public authority;
3) local government is not part of the system of state power. Local government can be seen as an element of a system of checks and balances;
4) local government is called upon to resolve issues of local importance, i.e. issues of direct support for the livelihoods of the population of a municipal entity, classified as such by the charter of the municipal entity in accordance with the Constitution of the Russian Federation, federal laws, and laws of the constituent entities of the Russian Federation.

The subject of municipal law is relations in the sphere of local self-government.

Relations in the sphere of local self-government are the activities of the population, which:

A) recognized and guaranteed by the Constitution of the Russian Federation;
b) carried out by the population independently and under its own responsibility;
c) aimed at solving issues of local importance directly or through local government bodies;
d) is carried out based on the interests of the population, its historical and other local traditions.

In general, municipal law regulates social relations, the totality of which can be represented in the form of the following main groups:

Relations arising as a result of the organization of local self-government as an institution of democracy;
- relations arising in the process of realizing the right of the population of a municipality, as well as an individual citizen, to local self-government;
- relations arising in connection with the organization of activities of representative, executive-administrative and other local government bodies;
- relations related to the regulation of the status of members of elected bodies and officials empowered to perform certain public functions in the field of local self-government, municipal service, and municipal employees;
- relations related to the vesting of certain state powers with local governments;
- relations arising in the process of interaction between local government bodies and government bodies;
- relationships arising in the process of intermunicipal cooperation.

Based on the subject of municipal law, its concept can be formulated.

Municipal law is a set of legal norms governing social relations that arise in the process of organizing and functioning of local government.

It should be borne in mind that this definition does not reflect all, but only the main, most important characteristics of municipal law.

The method of legal regulation in municipal law is understood as a set of means and methods by which legal norms influence public relations in the system of local self-government and regulate them.

The imperative method is that in the system of local self-government decisions are made at local referendums, meetings, gatherings, by representative and executive bodies of local government, by local government officials, which are binding on all subjects of legal relations operating within the boundaries of the municipality, i.e. e. in this case, there is a relationship of subordination of the subjects of legal relations, the dependence of some on others.

In case of failure to comply with decisions of local self-government adopted within its competence, liability arises in accordance with current legislation.

The imperative method is provided for by the legislation on local self-government for deputies and elected officials.

The dispositive method is borrowed from the sphere of private law. Local government bodies are legal entities and act independently in civil proceedings. They have the right to enter into agreements with legal entities and government bodies. In this case, the principle of legal equality of the subjects of relations is applied.

Municipal entities are the owners of municipal property. On their behalf, local governments manage and dispose of municipal property.

When forming municipal property, local government bodies acquire movable and immovable property by concluding sales and purchase agreements, etc.

Municipal law influences social relations with the help of such legal techniques (methods) as prescription, permission, prohibition, the combination of which determines the nature of legal regulation.

The predominance of prescriptions in the complex of methods of legal influence on social relations is characteristic of imperative regulation, which presupposes the subordination of subjects and direct subordination. Legal relations in this case arise, as a rule, as a result and on the basis of an authoritative order. The presence of relationships of subordination is characteristic, for example, of administrative law regulating managerial relations.

Permission recognizing the equality of the parties lies at the basis of discretionary regulation. The basis for the emergence of legal relations in this case is usually an agreement. The dispositive method of regulation is inherent in the branches of private law: civil, family, etc. The most powerful impact comes from the norms and institutions of civil law. The Civil Code of the Russian Federation, like other normative legal acts of civil legislation, quite broadly regulates property relations with the participation of municipalities and other subjects (participants) of local self-government, which in this case simultaneously become subjects of civil law. The Civil Code of the Russian Federation enshrines the provision that “urban, rural settlements and other municipalities act in relations regulated by civil legislation on an equal basis with other participants in these relations - citizens and legal entities” (clause 1, article 124). On behalf of the municipality, local government bodies can, by their actions, acquire and exercise property and personal non-property rights and obligations (Article 125 of the Civil Code of the Russian Federation). Within the framework of civil law institutions, relations between municipal property (Article 215 of the Civil Code of the Russian Federation) and its (Article 217 of the Civil Code of the Russian Federation), the legal regime of municipal unitary enterprises (Article 113 of the Civil Code of the Russian Federation) and municipal institutions (Article 120 of the Civil Code of the Russian Federation) and etc.

Prohibitions are also used in municipal law - a method of legal influence on the behavior of subjects of law, used in both imperative and discretionary regulation. Article 12 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” prohibits depriving the population of an urban or rural settlement, regardless of its size, of the right to exercise local self-government.

Municipal law also uses the method of guarantees, which is widely used, first of all, at the federal level of legal regulation of local self-government. The peculiarity of this method of influence is that the state, having recognized local self-government as a special level of power of the people, having established that local self-government bodies are not included in the system of state authorities, that local self-government independently resolves issues of local importance, has assumed the responsibility to ensure not only judicial protection from violations of the rights of local self-government, but also its organizational, financial, and economic independence. As an example, Art. 17 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, which establishes that the formation of local government bodies, the appointment of local government officials by state authorities and government officials is not allowed. In accordance with this Law, federal government bodies and government bodies of constituent entities of the Russian Federation are obliged to provide municipalities with minimum local budgets based on minimum budgetary provision standards (Article 37).

We can talk about the special significance of the method of guarantees in municipal law. This significance is explained by the federal nature of the state, which provides broad powers to the constituent entities of the Russian Federation in the field of local self-government. In order to ensure the rights of local self-government, the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” strictly delineates the powers of state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation in the field of local self-government. At the same time, it is stipulated that federal laws, laws of constituent entities of the Russian Federation, establishing the norms of municipal law, cannot limit the rights of local self-government guaranteed by the Constitution of the Russian Federation and the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”.

Thus, in municipal law one of the methods of legal regulation is not used as the main, specific, inherent in this branch of law, but there is a synthesis of methods of legal regulation, which is due to the subject of municipal law and the complex nature of the branch of “municipal law”. All this creates a special regime of municipal legal regulation.

Municipal property rights

The right of municipal property refers to public law. This is an independent form of ownership. The three powers of the owner in this form of ownership are exercised by a representative body, taking into account the opinion of the population of the municipality and in its interests. Municipal entity is an entity in which there is a body of self-government (cities, districts in cities, towns, villages, etc.).

Subjects of municipal property rights are municipal entities. Municipal property management is carried out by the following bodies:

1) representative (elected bodies);
2) local government bodies;
3) municipal enterprises and institutions to which municipal property is assigned with the right of economic management or operational management.

Objects of municipal property law - local budget funds, municipal extra-budgetary funds, property of local governments, as well as municipal lands and other natural resources in municipal ownership, municipal enterprises and organizations, municipal banks and other financial and credit organizations, municipal housing stock and non-residential premises, municipal institutions of education, healthcare, culture, etc.

Features of municipal property:

1. Municipal property is divided into two parts: one part is assigned to municipal enterprises and institutions on the right of economic management or the right of operational management, the second part constitutes the treasury of the municipal entity, which includes funds from the local budget and other municipal property not assigned to municipal enterprises and institutions.
2. A number of objects are exclusively municipal property, i.e. objects are withdrawn from civil trade turnover (municipal institutions of education, health care, culture, sports).
3. Municipal property objects are intended to resolve issues of local importance: to satisfy the housing, communal, socio-cultural needs of the population of a given territory (target nature).

Grounds for the emergence of the right of municipal property:

General civil and special. Special – receipt of funds from privatization;
- amounts of money paid in the form of taxes and fines;
- payment for the use of natural resources;
- state property transferred to the municipal fund;
- cash, allocated to the Russian Federation from collected taxes, and funds allocated to it for the implementation of certain state powers, etc.

Powers of local governments to manage municipal property:

Transfer of municipal property for temporary or permanent use to individuals or its alienation (i.e., transactions);
- creation of municipal enterprises and institutions;
- determination of the goals, conditions, procedure for the activities of enterprises and institutions that are in municipal ownership;
- management of local budget funds;
- privatization.

Municipal rights

Before moving on to the issue of the rights of municipalities, let us consider the sources and grounds for the emergence of these rights. It is obvious that rights must ensure the full performance of those functions and responsibilities that are assigned to certain bodies. This means that you first need to understand what falls within the competence of local government. There are several points of view on the issue of establishing the scope of competence in relation to local self-government. According to one of them, the competence of local self-government is formed naturally in accordance with the range of tasks that need to be solved by local authorities to ensure life in the municipality. Other extreme point The point of view is that local self-government is vested with strictly defined competence by state authorities. At the same time, many supporters of both directions believe that there is a certain universal list of areas of activity inherent in all local governments in all countries. And it does not matter whether a certain range of tasks is accepted by local government voluntarily, or whether these tasks are carried out by local government bodies at the direction of state authorities. Without delving into the study of the arguments of each of the parties, it can, however, be assumed that in the case of the formation of competence “from below”, it is possible for local governments to exclude a certain range of responsibilities from their competence due to reluctance to bear responsibility for their implementation, although these responsibilities may be directly related with the implementation of the collective interests of the population. When vesting local self-government bodies with competence “from above,” one cannot fail to take into account the peculiarities of the political regime in each specific state. In particular, in totalitarian states, as a rule, local authorities do not have sufficient freedom in their activities; The distribution of responsibilities and rights between the state and local government in federal and unitary states is also different.

Indeed, there is a certain general range of tasks solved by local government, regardless of various factors. But there are also quite definite differences in the areas of activity of local government. The general trend of recent times is that in most developed countries there are complementary processes of centralization and decentralization. As a result of this, local self-government, on the one hand, is granted broad freedoms, and on the other, the state assigns a certain range of responsibilities to local self-government.

In general, the scope of competence, rights and responsibilities of local self-government is determined by current legislation, common law (established tradition) and the initiative of local government bodies.

Typically, the competence of state authorities and local governments is divided on the basis of a fairly simple consideration. State authorities are in charge of those affairs that represent the interests of the state as a whole (defense and security, internal and foreign policy, economic relations, judicial system, rights and freedoms of man and citizen, etc.), and local government is engaged in the implementation of the common interests of territorial communities (general education, healthcare, landscaping, utilities, etc.). In practice, the list of purely local affairs is very small, since it is quite difficult to identify those interests that are exclusive to residents of a particular municipality. For example, general education is usually the responsibility of local government. But it would be wrong to say that questions general education relate only to the competence of local government. At the expense of local budgets, schools can be built and maintained, education workers can be paid, and students can be provided with meals, but personnel training, the development of programs and teaching methods, and the establishment of educational standards are universally national tasks.

Therefore, it is necessary to separate the subjects of jurisdiction (the list of issues of local importance) and the powers of local government.

We will try to highlight those issues that usually fall under the jurisdiction of local government. These issues in relation to city self-government are listed in the most detail and systematization by L.A. Velikhov in his work “Fundamentals of Urban Economy.”

Briefly stated, they can be formulated as follows:

1. Basic improvement (energy production for municipal needs, territory and land management, planning and redevelopment of territory, construction of public and private buildings, landscaping, creation and operation of housing stock).
2. Improvement in the narrow sense of the word (intra-city communications, urban transport and communications, street traffic, street lighting, heating of municipal buildings).
3. Improvement in the broad sense of the word (water supply, cleaning, sanitary measures, medical care, epidemiological safety, funeral services, catering, social assistance, local trade and industrial policy, pricing policy, public charity, legal assistance, justice of the peace, fire and public safety, early childhood education and public education, development of culture, protection of morality).

Despite the fact that this list of issues was outlined in the 20s, it remains relevant today.

Having established a list of subjects of competence, it is possible to determine the rights that local self-government must have in order to implement the responsibilities assigned to it.

Firstly, this is the right of a legal entity, which gives the opportunity to conclude agreements and contracts, acquire and alienate property, act as a plaintiff and defendant in court, and perform other legally significant actions.

Secondly, the right to dispose of municipal property. In particular, the establishment of rent in relation to municipal property, the creation of municipal enterprises on the basis of municipal property, the establishment of a list of inalienable objects, etc.

Thirdly, the right to manage municipal enterprises, institutions and organizations.

Fourthly, the right to establish local taxes and fees and manage municipal finances.

Fifthly, the right to set prices for goods and services produced by municipal enterprises.

Sixth, the right of compulsory alienation (buyout) of private property, which is especially important when planning and redeveloping the city. We can also talk about the municipalization of socially significant enterprises.

Seventh, the right of every government body is the right to make decisions (decrees, orders and other legal acts) that are generally binding on the territory of a municipality.

And finally, three more fundamentally important rights, without which the implementation of the previous ones is hardly possible.

The mandatory execution of acts of local self-government bodies must be ensured by the right of sanctions, that is, the right to impose penalties for violation of mandatory legal acts.

In turn, this is possible if there is the right to supervise compliance with legal acts, which consists of a number of more specific rights (the right of unimpeded entry of authorized local government officials into enterprises, institutions, organizations, the right to forcefully correct violations at the expense of the owner, etc.) .

The exercise of coercive rights is possible in the presence of coercive force, which requires granting local government the right to maintain municipal police (police), which, if necessary, can be divided into public security, sanitary, environmental, etc. police.

This set of ten basic municipal rights, due to their fundamental importance, was at one time called the “great charter of municipal rights”. Subsequently, in an edition appropriate to the time and nature of the document, they were included in the European Charter of Local Self-Government; Currently, these rights are almost fully enshrined in current Russian legislation.

Let us now dwell on these and other rights in more detail.

Rights of municipalities as an institution of government

The main purpose of local government is to realize the common interests of residents within a compact local territory, usually in a settlement. Compliance with common interests and regulation of relations between various entities for the common benefit is possible subject to the mandatory execution of decisions of municipal bodies. It follows from this that local self-government must have the right of power, that is, the right to make decisions and legal acts that are binding on all entities in the territory of the municipality and have legal force.

Financial and economic rights of municipalities

To fulfill their tasks, municipalities must have sufficient resources, both financial and material, and also have the right to independently manage and dispose of these resources. One of the most important rights in relation to one’s own resources is the right to independently form, approve and execute the local budget. When forming a local budget, the sources of its income and mandatory expenses must be known as the minimum necessary initial data. Budget formation is the process of short-, medium- and long-term planning of income and expenses, which is impossible without revenue sources from local budgets secured on a long-term basis. Therefore, municipalities must have the right to such sources, that is, the state must have the obligation to transfer these sources to municipalities. The question immediately arises of what minimum revenues should be provided by the revenue sources assigned to the local budget. This issue is related to the state-guaranteed level of provision of social and communal services to citizens and must be resolved in such a way that revenue sources transferred to the local budget ensure the maintenance of this level.

Thus, municipalities have the right to have their own sources of income that ensure the social standard (the level of quality of life in the municipality) established by the state.

Local government is one of the levels of government that has its own powers; at the same time, it is often advisable to exercise certain government powers at the local level. These powers can also be exercised by specially created local bodies government controlled, but in many cases can be transferred to local governments. The execution of certain state powers is associated with the use of material and financial resources, and the state, entrusting the execution of its powers to municipalities, must simultaneously transfer sufficient financial resources. In this regard, municipalities have the right to receive additional financial resources for the execution of certain state powers, or the right to exercise these powers only to the extent provided by the transferred financial resources.

Decisions of government bodies may entail additional expenses for local budgets or a loss of revenue. Taking into account the independence of the municipal budget process, public authorities must provide municipalities with the right to receive compensation for financial losses from the funds of the bodies that made the decision, and also, as in the case of the transfer of certain state powers, the right to execute decisions within the limits of the funds transferred as compensation .

The local budget is not only a form of financial planning, but also a means of implementing certain municipal policies. Local taxes and fees are used as regulators. Independent financial and social policy presupposes that municipalities have the right to independently establish local taxes, fees and benefits for their payment.

One of the most important economic factors directly related to the territory of a municipality is natural resources. Municipalities can have a direct influence on their preservation, use and reproduction. At the same time, they are an object of property that can most obviously be classified as municipal property, which implies the right of municipalities to receive payments from users of natural resources.

Part of the local fees is established for the purpose of financing very specific events and programs, and a share of budget funding is also allocated for the same purposes. In this case, it becomes fundamentally important to ensure that the collected funds are spent for their intended purpose. Taking this into account, as well as the need for more efficient management of targeted financial resources and the possibility of attracting funds from other persons for specific projects and programs, there is a need for the right of municipalities to create targeted extra-budgetary funds.

Possessing independent financial resources, municipalities can significantly increase the efficiency of managing their finances, including the opportunity to increase them if they have the right to operate on an equal footing in the financial market. This right, in turn, is ensured by a number of other rights: the right to issue loans and lotteries, the right to provide and receive loans, and the right to create financial and credit institutions.

And, finally, we can talk about real independence in financial and budgetary matters in the case when income from assigned sources is credited directly to the local budget, that is, there is a right to the municipal treasury (respectively, to the municipal treasury).

The local budget is an integral part of municipal property and in relation to other objects of property, everything said above about the rights of municipalities in the budgetary sphere is also true. Municipalities in relation to municipal property should be given all the rights on an equal basis with other owners, subject to perhaps a small range of restrictions related to their legal status as a level of government. Thus, it is necessary to take into account that, by adopting regulations, local governments have the opportunity to create preferential conditions for the activities of their enterprises to the detriment of other economic entities. In addition, by carrying out financial and economic activities in a free market, municipalities risk budget funds and property objects, the main purpose of which is to ensure livelihoods and satisfy the vital interests of residents.

In general, in the sphere of municipal property, municipalities must have the rights to independently own, use, dispose and manage property, create enterprises, institutions and organizations, resolve issues of their reorganization and liquidation, determine the goals, conditions and procedures for the activities of municipal enterprises, institutions and organizations, regulation prices for their products and services, appointment and dismissal of managers of these enterprises, institutions and organizations, control over their activities.

In terms of disposing of municipal property, municipalities, like any other owner, should be granted the rights to create, acquire and alienate property, including the right to establish the procedure and conditions for the privatization of municipal property.

In some cases, for reasons of economic feasibility and greater efficiency, it makes sense to carry out work on landscaping, public utilities, construction and repair of social facilities, production of products, provision of services to the population, etc. not by municipal enterprises, institutions and organizations, but to involve specialized organizations others. Consequently, municipalities must have the right to place a municipal order using their own material and financial resources.

The development of the international division of labor has led to the need for municipalities to enter foreign markets and entails the existence of the right of municipalities to carry out foreign economic activities.

One of the main tasks facing municipalities is the comprehensive socio-economic development of the territory. It is quite obvious that municipalities are not able to ensure the full development of the territory using their own resources alone; there is no need to even set such a task. It is important that municipalities have the opportunity to involve business entities of all forms of ownership in solving the problem of comprehensive socio-economic development, that is, they would have the right to coordinate the participation of enterprises, institutions and organizations in the comprehensive socio-economic development of the territory of the municipality.

The rights of municipalities to participate in the establishment of their territories

Establishing the territories of municipalities and their boundaries is an extremely important issue both from the point of view of exercising the powers of local government and from the point of view of conducting economic activities. The establishment of administrative boundaries is associated with the need to implement political governance and ensures the unity and efficiency of governance in the state. In the context of the issues we are considering, we should dwell in more detail on the establishment of the territories of municipalities, based on the criteria for ensuring the vital functions of municipalities.

There must be objective criteria for determining the territory of a municipality, and they exist. The territory of a municipality must be such that the population living within its borders is united by common interests in those issues the resolution of which is within the jurisdiction of local government. This entails the localization of municipal territories and the priority of the settlement principle. On the other hand, the social and communal infrastructure necessary to resolve local issues must exist on the territory of the municipality, which may require the unification of several settlements into a single municipality. Based on the fulfillment of these conditions, the territories of municipalities should be determined differently in each specific case.

There is an opinion that as a result of the manifestation of “group egoism” there will always be a desire to increase territory in order to increase the volume of resources. But additional territory also means the need for its maintenance and development, that is, additional costs.

When establishing the territories of municipalities, it is impossible not to take into account the traditional way of managing the population, for example, cattle breeding and the associated nomadic way of life, or farm farming. These are also conditions that must be taken into account.

The conclusion that follows from the above is quite simple: when establishing the territories of municipal entities, the final decision must be made by an authority external to local self-government - the state, but since the fundamental interests of municipal entities are affected, the procedure for establishing the territories of municipal entities must ensure mandatory consideration of the opinion of the population , especially in the case of changes to existing boundaries.

It follows from this that municipalities have the right to take into account the opinion of the population when establishing and changing the boundaries of municipalities, including when forming, merging, transforming or abolishing municipalities, which can be implemented in several forms: through a survey of the population, holding a local referendum, holding a gathering or making a decision by a representative body of local self-government. Municipalities should also be endowed with the right of voluntary association, and settlements and other territories with the right to secede from the united municipality if they decide to independently exercise local self-government.

Determination of the structure of local government bodies

It was said earlier that we will consider the rights of municipalities, as a rule, regardless of which persons and bodies are exercising them. Here we will focus on the rights of municipalities in the matter of forming the structure of local government bodies and the formation of these bodies and local government officials. This issue has two aspects - “political” and “economic” - and both must be taken into account. “Political” we call the aspect that is associated with the model of organization of power structures of local self-government, that is, with a certain “set” of bodies and officials and the establishment of their powers and the procedure for interaction in the adoption of normative legal acts. “Economic” - management of these and specialized bodies by the municipal economy.

None of the components - neither political nor economic - can be isolated absolutely; there is always their interpenetration. But still, the method of electing the head of a municipality (by the population or a representative body), electoral system during the elections of a representative body, the procedure for forming a local administration (by the head independently or with the consent of the representative body), the division of powers between various bodies and officials and other similar issues are resolved, as a rule, depending on the existing local political situation and political culture. The structure and order of activity of the local administration are mainly related to the need to solve the problems of managing the municipal economy, that is, the determining feature here is the functional feature.

It is clear that in each specific municipality both the political situation and the economic infrastructure have certain and quite significant features. We are dealing with various control objects, therefore, we must create subjects corresponding to them. This is possible if municipalities have the right to self-determination structures of local government bodies.

Local government bodies are entrusted with solving a certain range of issues, for which they are responsible to the population and to the state. In this case, there is a need to vest them with the right of their own competence. Taking into account the need for coordinated interaction between various local government bodies in resolving issues of municipal management, each individual local government body must have its own clearly defined competence.

The right of municipalities to represent and protect their interests

Each subject of law, be it a citizen or a public association, a government agency or an enterprise, having certain interests and rights to realize them, must be able to represent and protect these rights. The body that has granted a certain set of rights to a person is obliged to guarantee the implementation and protection of these rights. In relation to municipalities, several forms of representation and protection of their rights can be named.

The basic rights of municipalities are established by constitutional acts and special laws. At the same time, in order to protect established rights, the state introduces a ban on their restriction by both legislative and executive bodies of state power. In other words, decisions and legal acts adopted by government bodies that limit municipal rights do not apply.

Decisions made by bodies and officials of local self-government or the population directly within the limits of their powers are recognized by the state as binding for execution by all enterprises, institutions and organizations located on the territory of the municipality, regardless of their organizational and legal forms, as well as local government bodies and citizens.

Cancellation and amendment of decisions of local government bodies and officials is carried out in accordance with laws adopted in the state only by the bodies and officials who made them, or such decisions are declared invalid by a court decision.

The legislation establishes liability for non-execution or improper execution of decisions made by subjects of legal regulation in municipalities.

Cases cannot be excluded when the interests and rights of a municipality can be realized only if the relevant law is adopted. Naturally, the most interested subject of legislative initiative in this case is the local government bodies themselves, which leads to the conclusion that it is necessary to grant them the right of legislative initiative in the legislative body of state power.

Considering that the balance of relations between legal entities in democratic states is ensured by the separation of powers into legislative, executive and judicial and the final resolution of controversial issues falls within the competence of the State Duma, one of the fundamental rights that municipalities should have in the sphere of protecting their interests is the right to judicial protection.

In general, if we are talking about the rights of municipalities, not bearing in mind the rights specifically defined by the current legislation of the state, but having set ourselves the task of determining general approaches to creating a legal framework for local self-government, we must proceed from the criteria of compliance of the rights granted with the functions and powers performed and real conditions in which municipalities operate.

Bodies of municipal law

A deputy is a member of a representative body of local self-government, elected on the basis of universal, equal and direct suffrage by secret ballot, authorized to represent the interests of the local community. When elected, a deputy may be assigned an imperative or free mandate. With an imperative mandate, the deputy is bound by the orders of voters and is responsible to them until the early recall of the deputy. With a free mandate, the deputy is not bound by the orders of voters and is not responsible to them (applies to all democratic states). The powers of a deputy begin from the day of his election and terminate from the moment the new elected body begins work. A deputy may exercise his powers on a permanent or non-permanent basis. The main forms of activity of a deputy are: participation in meetings of the representative body, work in committees and commissions, execution of instructions of the representative body, submission of deputy requests, work with voters. A deputy has the right to participate in the consideration of any issues, monitor the implementation of decisions, hold meetings of voters, etc. The deputy is guaranteed: immunity, provision of his former position after the end of his parliamentary powers, reimbursement of expenses related to deputy activity, social guarantees (paid leave, deferment from conscription for military service, preservation of work experience, etc.).

The head of a municipal entity is an elected official who heads the activities of local self-government and is accountable directly to the population and to the representative body of local self-government. The head of a municipality is the highest official of local government. The head of a municipality can be elected either by the local community or by a representative body from among its members. The head of a municipality is vested with his own competence, can be a member of the representative body and preside over its meetings. The name of the head of the municipality and the terms of his powers are determined by the charter of the municipality. The laws of the constituent entities of the Russian Federation may determine the minimum age of a candidate for the position of head of a municipal entity, but from 21 years old. Setting a maximum age is not permitted. The powers of the head of a municipality begin on the day he takes office and terminate on the day the newly elected official takes office. The powers of the head of a municipal entity are enshrined in the charters of municipal entities.

A municipal employee is a citizen of the Russian Federation who performs duties in a municipal service position on a regular paid basis for a monetary remuneration paid from the local budget. Municipal service is professional activity on a permanent basis in a municipal position with established powers to resolve issues of local importance and responsibility for the implementation of these powers. Municipal positions are established by local government bodies in accordance with the register of municipal positions approved by the law of the constituent entity of the Russian Federation and providing for the following groups of positions: senior, chief, leading, senior and junior.

A municipal employee is guaranteed working conditions, salary, annual paid leave, medical care for him and his family members, pensions, compulsory state insurance in case of harm to health and property, illness or disability, protection of him and his family members from violence, threats, other illegal actions. A municipal position is filled by appointment (carried out by a superior official and formalized by order), based on the results of a competition (as a result of a competition of specialists), and by enrollment (by concluding a contract). The dismissal of a municipal employee is regulated by the norms of municipal and labor law. A municipal employee is prohibited from holding other paid jobs, being a deputy of representative bodies, or engaging in entrepreneurial activity, be a representative in matters of third parties, etc. To determine the level of professional training and suitability of a municipal employee for the position held, certification is periodically carried out.

Local government bodies are elected and other bodies empowered to resolve issues of local importance and not included in the system of government bodies. The creation of local governments is a way of decentralizing management to exercise power at the local level. Their activities are of an authoritative nature, since they act as one of the forms of exercising the power of the people, therefore the decisions they make are binding on all enterprises, institutions, officials, citizens and public associations. The structure of local government bodies is determined by the population independently. The names of bodies are determined by the charters of municipalities, taking into account national, historical and other local traditions. Local government bodies are vested with their own competence in accordance with the charter. They issue legal acts, the names and types of which are determined by statutes. Local governments are legal entities.

A representative body of local self-government is an elected body that has the right to represent the interests of the population and make decisions on its behalf that apply in the territory of the municipality. The representative body consists of deputies elected on the basis of universal, equal and direct suffrage by secret ballot. The numerical composition and powers of the representative body are determined by the charter of the municipality.

The following are under the exclusive jurisdiction of the representative bodies:

Adoption of generally binding rules on the subjects of the municipality;
approval of the local budget and report on its execution;
adoption of plans and programs for the development of the municipality, approval of reports on their implementation;
establishment of local taxes and fees;
establishing a procedure for managing and disposing of municipal property;
control over the activities of local government bodies and officials.

The representative body makes decisions collectively. In some settlements, it may be possible to exercise the powers of a representative body by meetings (gatherings) of citizens.

The governing body exercising executive and administrative functions is the local administration, whose activities are led by the head of the local administration on the principles of unity of command. The new Federal Law provides municipalities with the opportunity to choose different organizational schemes for constructing executive and administrative bodies. Executive bodies exercise a large amount of powers related to exerting direct influence on management objects, ensuring compliance with established rules, and implementing the requirements of legislative acts, which is why this activity is called executive. In order to ensure that management objects comply with the requirements of regulatory acts of representative bodies at different levels, executive bodies are vested with appropriate legal powers, the implementation of which occurs through the adoption of resolutions and orders, which is called administrative activity.

The structure and operating procedures of executive and administrative bodies are determined by the municipalities themselves.

In various subjects of the Federation, one of the following schemes for forming the administration is used:

Formed by a representative body of local self-government;
created by the head of local government independently;
formed by the head of the municipality with the consent of the representative body;
The main officials are appointed with the consent of the representative body, and the rest are appointed by the head of the municipality independently.

The name of the executive and administrative body and issues of organizing its activities are determined by the charter of the municipality.

Subjects of municipal law

Subjects of municipal legal relations are persons representing local government and having the right to make decisions on issues of local importance, as well as individuals and legal entities, public and state bodies entering into legal relations with the municipality. An absolute feature of municipal legal relations is the fact that the obligatory party to these relations is the population of the municipality directly, as well as its representatives represented by local government bodies.

Subjects of municipal legal relations:

Municipal entity (can be a participant in administrative, constitutional, international, as well as many private law relations - civil, labor, land, etc.);
associations, or unions, of municipalities (subject to state registration);
population of the municipality;
local government bodies;
bodies of territorial public self-government;
government departments;
public associations;
municipal unitary enterprises and institutions.

The municipality has the rights of the owner in relation to the property included in the municipal property. In accordance with the Constitution of the Russian Federation (Article 124), municipalities are not legal entities. However, they act in relations regulated by civil law on an equal basis with other participants in these relations - citizens and legal entities. In this case, the rules governing the participation of legal entities in property relations are applied to municipal entities.

The special legal status of municipalities is also manifested in the fact that the Federal Law “On the General Principles of the Organization of Local Self-Government” includes issues of local importance, as well as certain state powers, within the jurisdiction of municipalities.

Subjects of municipal legal relations are public associations that, in accordance with their charters, take part in elections of local government bodies, represent and protect their rights, legitimate interests of members and participants, as well as other citizens in local government bodies. According to the Federal Law “On Public Associations”, issues affecting the interests of public associations, in cases provided for by the Law, are decided by local government bodies with the participation of relevant public associations or in agreement with them.

The Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation” allows for the possibility of participation of foreign citizens permanently or predominantly residing on the territory of a municipality in municipal elections, local referendum in accordance with international treaties of the Russian Federation.

The first type of subjects of municipal legal relations is the municipal entity. The Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” defines a municipal formation as an urban, rural settlement, several settlements united by a common territory, part of a settlement, other populated territory within which local self-government is exercised, there is municipal property, a local budget and elected local government bodies. The second type includes subjects with the right to make decisions and participate in decision-making on issues of local importance. Article 12 of the Law “On General Principles of the Organization of Local Self-Government” guarantees the right of the population of an urban or rural settlement, regardless of its size, to exercise local self-government. The subjects of municipal legal relations vested with powers to resolve issues of local importance are elected and other local government bodies. These include the representative body of local government and the elected official of local government.

Municipal rights of citizens

When starting to study the issue of municipal rights and freedoms, it should be taken into account that the lower, municipal level of the legal status of an individual is perhaps the richest and, accordingly, the most complex in terms of its content, which corresponds to general methodological approaches to the issue of the relationship between the general and the special and the individual as philosophical categories.

The initial fundamental category for analyzing the legal status of an individual at any level of manifestation (including a person’s place of residence and belonging to a local community) is, as is known, the equal, uniform constitutional status of a person and a citizen of the Russian Federation for all. The legal status of a person as a member of a local community, a resident of a certain locality, is already a question of a set of rights and freedoms that characterize the special status of a person and a citizen as a subject of local self-government. And this question reflects the general philosophical relationship and dependence (both on the epistemological and ontological levels) of the general and the particular, which is embodied, respectively, in the relationship between the constitutional status of a person and a citizen of the Russian Federation, on the one hand, and municipal rights and freedoms, on the other.

The problem of municipal rights and freedoms is relatively new “for our legal science. After being raised in the second half of the 80s, it subsequently received support both in the scientific literature and in the practice of municipal legal rule-making, for example, in the development of the Charter of the city of Rostov- on-Don (see Chapter 2 of the Charter).At the same time, this problem is very broad, complex and requires further research.

Municipal rights, if we talk about them in general terms, are those rights that provide real opportunities for each member of the local community to participate in solving all issues of local importance, in the management of municipal property, to enjoy material and spiritual benefits distributed on a territorial basis, to freely exercise personal freedom based on the safety and security of the individual in the local community. Taken together, municipal rights and freedoms constitute the self-governing status of an individual as a resident of the relevant local community.

The self-governing status of an individual is a special municipal legal category that reflects the place and role of a person in the system of municipal democracy and integrates the economic and political aspects of the real position of citizens as individual and associated (joint) participants in self-government relations. The self-governing status reveals the collectivist essence of a person, his social consciousness and behavior. In this regard, self-governing status includes both the rights of the individual and the rights of local communities, i.e. collective rights to resolve all issues of local importance. These are the so-called local (territorial) rights and freedoms, the subjects of which are the local community as a whole, and their users are each member of this community.

Therefore, one can hardly agree with the opinion that the “true owners” of local (territorial) rights and freedoms are only local or territorial groups.

The legal status of a person in the system of local self-government is characterized by the organic unity of two groups of municipal rights and freedoms:

A) individual ones, which belong to each citizen individually and can be realized by an individual member of the urban community regardless of its other members:
b) collective rights, the implementation of which is possible only through collective actions of all or the majority of members of the urban community. With the help of this unity is ensured.

On the one hand, the personal orientation of the entire system of local self-government and, on the other, the autonomous, individualistic principles of municipal freedom with the principles of collectivism, community at the local level of organization of political and economic life.

As a unique fusion of collectivism and individual autonomy, municipal rights and freedoms constitute important element the normative content of the entire system of local self-government, thanks to which the constitutional institutions of municipal democracy receive a clear orientation not towards administrative-state, but towards public structures, towards the priority of direct forms of participation of the population in resolving local issues. And the institutions of local self-government themselves in their legal and regulatory framework simply cannot be considered in isolation from municipal rights and freedoms, which embody the subjective factors of the functioning of the relevant institutions as a means for each citizen - a member of the local community to realize their opportunities to participate in resolving local issues and in the use of material and spiritual benefits that this community has: local government, municipal law.

An important characteristic of municipal rights and freedoms is also the fact that in their normative basis they have constitutional content and, accordingly, the constitutional level of their legal support. This is of fundamental importance from the point of view of analyzing the relationship between the constitutional rights and freedoms of man and citizen with the institution of municipal rights. The point is that the relationships and dependencies between the relevant institutions of democracy are not limited to the relations of determinism, the predetermination of municipal rights by constitutional rights and freedoms within the framework of the mechanism of concretizing the latter to the level of sectoral forms of expression of individual freedom. Municipal rights and freedoms have a relatively independent significance as a normative and legal institution of local self-government and, accordingly, an important institution of municipal democracy, receiving constitutional recognition in this capacity.

Of fundamental importance in this regard is the constitutional right to exercise local self-government, which constitutes, in a way, the genetic basis of the entire system of municipal rights and freedoms of a citizen, his self-government status. The normative-legal impact of the corresponding constitutional law on current legislation and, accordingly, on the formation of the system of municipal rights and freedoms of citizens occurs at a fairly deep level of constitutional impact, which is defined in this case as the level of constitutional justification. The very constitutional justification for municipal rights and freedoms is ensured by the constitutional right to exercise local self-government in the form of their determination, i.e. by developing and incorporating into current legislation (primarily municipal legal) under the direct influence of the relevant constitutional provisions of norms on municipal rights and freedoms of citizens. This means that through the constitutional regulation of precisely this law, which is complex in its content, the main normative and legal parameters of those subjective possibilities that can be characterized in their entirety as municipal rights of citizens are determined (predetermined).

At the same time, the very right to exercise local self-government has a rather complex constitutional justification, which gives rise, accordingly, to different conceptual assessments of it. It is known, in particular, the dissenting opinion of the judge of the Constitutional Court of the Russian Federation N.V. Vitruk, which he expressed in connection with the ruling of the Constitutional Court on the so-called “Udmurt case”. A dissenting opinion (in this part) boils down to the fact that “the Constitution of the Russian Federation very carefully formulates the right of the population in the sphere of local self-government in articles directly devoted to local self-government (Part 2 of Article 130, Article 131)”, and in Chapter 2 “Rights and freedom of man and citizen" "The Constitution of the Russian Federation does not establish the right to local self-government." But there are other approaches to analyzing this problem. Thus, the opinion is expressed that when analyzing the constitutional nature of the right to exercise local self-government, one cannot ignore Art. 32 of the Constitution of the Russian Federation, which enshrines the right of citizens of the Russian Federation to participate in the management of state affairs. This is justified by the fact that Part 2 of this article, which deals with specific forms of such participation, talks about the right of citizens of the Russian Federation to elect and be elected not only to government bodies, but also to local government bodies. "Despite the fact that the Constitution contains far from full list forms of citizen participation in local self-government, this article can be considered a normative consolidation of the right of citizens to participate in local self-government,” noted in this regard in one of the works.

Of course, this article has important from the point of view of giving a constitutional character to the right of citizens to exercise local self-government and, accordingly, for the constitutional determination of the system of municipal rights. But for correct understanding the nature of the constitutional right to exercise local self-government as the basis, the core of the self-governing status of a citizen of the Russian Federation and his municipal rights, it is necessary to take into account that Art. 32 of the Constitution includes a whole system of subjective powers of citizens to exercise local self-government, which, in turn, can be considered as independent municipal rights of citizens. These include, firstly, rights that ensure the participation of citizens in the formation of representative bodies of local government, in the elections of other bodies and officials of local government. This is a whole complex, a system of municipal electoral rights for citizens of the Russian Federation. Due to their special significance, the legislation provides for special means of their legal guarantee. Secondly, these are the rights of Russian citizens to participate in local referendums and other forms of direct (immediate) municipal democracy. Thirdly, the right to exercise local self-government presupposes equal access to municipal services for all citizens of the Russian Federation, which is assumed, but not directly enshrined in Part 4 of Article 32 of the Constitution (which only talks about equal access of citizens of the Russian Federation to public service). Finally, the constitutional formula of Part 5 of Art. 32 allows us to conclude that the right to exercise local self-government includes in its content the right of citizens of the Russian Federation to participate in the administration of justice, in particular through the institution of justices of the peace elected directly by the population.

At the same time, it is hardly correct to limit the constitutional characterization of the right to exercise local self-government only to Art. 32 of the Constitution. This would not be enough either to understand this right as the right to exercise local self-government (and not just the right to participate in self-government, which was already discussed in previous chapters), nor to analyze the normative specifics of this right and the forms of its implementation in the institutional system of local self-government as an important means of developing municipal democracy. The complex, multi-level nature of the relevant law predetermines, accordingly, the complex nature of its legal (including constitutional) consolidation. The constitutional right to exercise local self-government as the system-forming basis of municipal rights is specified in many other norms devoted not only to the political rights and freedoms of citizens (for example, Article 33), but also in norms that establish the foundations of the constitutional system (primarily Part 2 of Art. 3, Art. 12) and the system of local self-government itself, its powers (Articles 130, 131, 132 of the Constitution).

However, despite the “multi-layered” nature of the constitutional consolidation of the relevant law, one cannot help but recognize a certain gap in its constitutional regulation. Based on the fact that local self-government is one of the forms of exercising democracy, many constitutional norms only seem to suggest that they are talking not only about participation in the management of state affairs, but also about the implementation of local self-government. In this sense, a broad interpretation of what is used in Art. 32 of the Constitution the very term “management of state affairs,” which may well include management of local affairs. This approach - it will be noted in passing - strengthens our earlier proposed argument in favor of the permissibility of the 1993 Constitution of a variety of models of self-government, including, among other things, state principles. But this is a doctrinal interpretation, although it (and this is very important) is receiving more and more consistent support in the current one, including municipal law. legislation, in particular in the process of constitutional substantiation of the institution of municipal rights and freedoms of citizens.

An analysis of the constitutional right to exercise local self-government, which is complex in its content, allows us to identify several levels of constitutional justification for municipal rights and freedoms of citizens as the normative and legal basis for the implementation of local self-government. The first is ensured already in the process of consolidating the foundations of the constitutional system of the Russian Federation. Thus, constitutional recognition and guarantee of local self-government as an important basis of the constitutional system is of fundamental importance for the entire system of current municipal legislation. Thus, the relevant norms of the Constitution characterize local self-government as one of the forms of democracy (Article 3, Part 2), asserting its independence within the limits of its powers (Article 12) and guarantees of economic independence based on the recognition and full protection of municipal property ( Art. 8), the very nature of the subjective rights of citizens to exercise local self-government as a means of realizing democracy, their socio-economic and political depth is predetermined. Other foundations of the constitutional system are more indirect, but also fundamentally important for the subsequent constitutional consolidation and implementation of municipal rights and freedoms of citizens. For example, the implementation of individual freedom in the sphere of local self-government is fully based on such fundamental foundations of the constitutional system as political and ideological diversity, multi-party system (Article 13), federalism (Article 5), legality, the supremacy of the Constitution of the Russian Federation and laws throughout the territory Russia (Article 15) and others.

The second level of constitutional justification for municipal rights and freedoms of citizens is embodied in the mechanism for regulating the system of local self-government itself as a form of exercising power on the basis of independent decisions by the population on issues of local importance. This is manifested in several articles of the Constitution that make up Chapter 8 “Local Self-Government”. Almost each of the relevant articles (Articles 130-133) contains fairly specific personal aspects that reveal certain aspects of the implementation of the rights of citizens to exercise local self-government. These norms of the Constitution are especially important for the recognition of collective municipal rights of citizens, which will be discussed in more detail below. This reflects the organic unity and interconnection of the constitutional forms of consolidating the entire system of local government institutions, including the municipal rights of citizens.

And this is important not only for understanding the nature of municipal rights of citizens as an institution of local self-government, but also for the entire law enforcement and law-making practice of developing municipal democracy. An example in this regard is the resolution of the Constitutional Court of the Russian Federation, in which the argument in favor of the constitutionality of paragraph 1 of Article 58 and paragraph 2 of Article 59 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” is given through the prism of personal issues in the institutions of local self-government . We are talking, in particular, about the fact that the relevant provisions of the Federal Law are assessed from the point of view of their significance for the implementation of such constitutional rights as “the right of the people to exercise their power through local governments (Article 3, Part 2), the rights of citizens elect and be elected to local government bodies (Article 32, Part 2), exercise local self-government through referendums, elections, and other forms of direct expression of will (Article 130, Part 2).”

Finally, the third level of constitutional justification for municipal rights of citizens is the constitutional rights and freedoms themselves. Firstly, this is Article 32 of the Constitution, which, as noted, contains a whole system of powers of citizens to exercise local self-government (to elect and be elected to local government bodies: to take part in referendums, including local ones, and others). Secondly, in almost every personal, political or socio-economic rights enshrined in the Constitution of the Russian Federation, there is also a municipal legal section of their implementation, which was noted in the previous chapter in connection with the analysis of the constitutional rights and freedoms of man and citizen in the institutional mechanism for the development of local self-government.

At the same time, the methods of constitutional influence and, accordingly, the forms of determination of the normative content of municipal rights of citizens are different. In some cases, this is done by directly indicating in the relevant article of the Constitution the legal possibility in the sphere of local self-government as a form of existence and implementation of specific municipal law. This approach is typical, for example, for Art. 33, which establishes the right of citizens of the Russian Federation to individual and collective appeals to local government bodies (along with appeals to government bodies). Other constitutional norms predetermine the content of municipal law through directly establishing in the relevant article of the Constitution the responsibilities of local government bodies to ensure the individual the opportunity to exercise the relevant right (for example, part 2 of article 24, part 2 of article 40). Even more common is the indirect method of constitutional influence, for example, through the characterization of guarantees for the exercise of rights and freedoms, including at the level of local government. For example, in Art. 40 of the Constitution is called, along with other guarantees, the municipal housing stock, and in Art. 41 - system of municipal health care institutions, which allows us to identify the municipal legal level of regulatory content and corresponding rights (rights to housing and rights to health and medical care). Thanks to the use of the high normative-legal potential of the Constitution in terms of its impact on current legislation in the field of local self-government, it has become possible to develop quite actively the institutions of municipal law, providing more specific regulation of the legal status of the individual in the system of local self-government and, accordingly, the development of municipal institutions of freedom personality.

Of fundamental importance in this regard, of course. Federal Law on Local Self-Government. Already one of its first articles (Article 3) is called “The right of citizens of the Russian Federation to exercise local self-government.” Although the title of this article refers to the right, and not the rights to exercise local self-government, it is obvious that this is only a formal legal tribute to the logical line of Article 32 of the Constitution: in its content, Art. 3 of the Federal Law enshrines a whole range of municipal rights and freedoms. This is directly reflected in part 2 of this article, which talks about the equal rights (not the right) of citizens of the Russian Federation to exercise local self-government. At the same time, the normative content of the relevant rights is defined much more broadly than in Art. 32 of the Constitution, which is quite justified. This is not a deviation from the Constitution, but, on the contrary, a fairly successful constitutional determination of municipal rights from the standpoint of not only Art. 32. but also other levels of their constitutional justification that we analyzed earlier. In accordance with this, we can conclude that it is in Article 3 of the Federal Law that, at its core, a systemic vision of municipal rights and freedoms of citizens of the Russian Federation is enshrined.

Moreover, not only the subjective capabilities of a citizen to implement local self-government are reflected here, but also more General characteristics relevant rights and. accordingly, the self-governing status of the citizen, the position of the citizen in the local government system. In this regard, firstly, the principle of equal rights of citizens of the Russian Federation to exercise local self-government is established, regardless of gender, race, nationality, language, origin, property and official status, attitude to religion, beliefs, or membership in public associations. It should be noted that, in contrast to Art. In this case, the Constitution provides an exhaustive list of circumstances that cannot influence the scope of citizens’ rights in the field of self-government. At the same time, for example, such a basis as place of residence is not indicated, from which one can conclude that it is possible to establish a requirement of residence on the territory of the relevant municipality in order to acquire certain rights to exercise local self-government within the given municipality. This is confirmed by Art. 4 (clause 5) of the Federal Law “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.” At the same time, the same Law (clause 5 of Article 4) prohibited the establishment of the duration and period of permanent or primary residence of a citizen of the Russian Federation on the territory of a constituent entity of the Russian Federation of a municipal entity as a basis for acquiring passive suffrage, which was previously allowed by the Law10. Therefore, the local rule-making practice of establishing residency qualifications for electing heads of municipalities that persists in many regions is illegal.

It is important to emphasize that federal legislation allows for the establishment of a residence requirement in a certain territory in relation only to the acquisition by a citizen of municipal voting rights in their entirety. This factor should not influence the implementation of other rights; this would contradict the principle of socio-territorial equality. Therefore, for example, the norm of Art. 12, paragraph 2 of the Charter (Basic Law) of the Krasnodar Territory, establishing that: “This Charter and the laws of the region may provide for citizens of the Russian Federation, as a condition for their enjoyment of certain rights, permanent residence in the territory.

Secondly, unlike Art. 32 of the Constitution, which establishes equal access for citizens of the Russian Federation only to public service. The Federal Law on Local Self-Government extends this requirement to municipal services. The right to equal access to municipal service means equality of initial opportunities for occupying relevant positions and the inadmissibility of any discrimination. The requirements for a candidate for the position of a municipal employee may be determined solely by the character job responsibilities. Therefore, for example, attempts to establish an educational qualification for electing the head of a municipality at the level of local rule-making are illegal. All this is confirmed and specified in special federal legislation and the legislation of the constituent entities of the Federation, as well as in the charters of municipalities. For example, in Article 5 of the Federal Law “On the Fundamentals of Municipal Service,” along with other principles of municipal service, the principle of “equal access of citizens to municipal service in accordance with their abilities and vocational training", and Article 3 directly establishes the right of citizens of the Russian Federation to equal access to municipal service.12. The same ideas were reflected in the Charter of the city of Rostov-on-Don (although it was adopted before the advent of the Federal Law on Municipal Service), where there is a special chapter 11. which is called “Municipal service in city self-government bodies.” Thirdly, Article 3 of the Federal Law on Local Self-Government defines as an important form of exercising the right of citizens to exercise local self-government the possibility of their appeal to local self-government bodies and to officials of local self-government. At the same time, paragraph 6 of Article 3 enshrines the important duty of local government bodies and their officials to “ensure everyone the opportunity to familiarize themselves with documents and materials that directly affect the rights and freedoms of man and citizen, as well as the opportunity for citizens to obtain other complete and reliable information about the activities of local government bodies, unless otherwise provided by law."

At the same time, in some cases, when developing, in particular, legislative acts of the constituent entities of the Federation, there is a tendency to dilute the specific normative content of the relevant article of the federal law and limit ourselves to purely declarative provisions that do not oblige local government bodies to anything. And, on the contrary, the desire to maximally specify the normative content, guarantees and mechanism for the implementation of the corresponding rights of citizens at the lower, municipal level of their regulation deserves support. For example, in the Charter of the city of Rostov-on-Don, three special articles (Articles 9-10) in Chapter 2 “Man and City Self-Government” and several articles in Chapter 5 “Direct implementation of self-government by the city community” are devoted to them. Here, for example, there is a special norm that defines the procedure (mechanism) for exercising the right of citizens to individual and collective appeals to city government bodies and officials (Article 34). And in Art. 15 of the Charter “Guarantees of the rights and freedoms of members of the city community” directly emphasizes that “The priority areas of activity of city government bodies and city government officials are... guaranteeing conditions for the participation of members of the local community in city government, in the development of local democracy on the basis of political, ideological, cultural diversity, cooperation between all its participants."

Associated with the constitutional justification of municipal rights and freedoms is such an important characteristic as their inalienable, inalienable character. However, the inalienability of municipal rights cannot be identified with the corresponding characteristics of fundamental human rights and freedoms, which are given in Art. 17 of the Constitution. Fundamental rights and freedoms are inalienable in nature due to the fact that these are natural rights that belong to everyone from birth. The inalienable nature of municipal rights is determined by the fact that every person has these rights as a member of the local community and no one can limit him in these rights without violating the very foundations of democratic self-organization of the population. Extending natural law characteristics to the institution of municipal rights, as is the case in the literature,14 is hardly justified.

The characteristics of municipal rights as inalienable are also enshrined in the Charter of the city of Rostov-on-Don. In particular, Article 8 of the Charter, which is called “Rights of members of the urban community to exercise local self-government,” in Part 1 establishes that “every member of the urban community has inalienable rights to participate in city self-government.” Then, in Part 2, after listing the specific municipal rights of citizens, it is stated that “The rights to exercise local self-government are inalienable and belong to every citizen - a member of the urban community.” In this regard, as noted by D.Yu. Shapsugov, “the state does not create these rights, but is only obliged to recognize them as the basis of the legitimacy of local authorities and provide conditions for their implementation. And this is a manifestation of the life of the state, evidence of the state’s compliance with its social purpose.”

Moreover, the characterization of municipal rights as an institution of local self-government and the basis of the legitimacy of local authorities means that the regulation of municipal rights and freedoms is carried out not only at the state level, but at all levels of municipal legal regulation, including local. However, it should be borne in mind that both at the level of the subjects of the Federation and at the local (municipal) level, the rights and freedoms of members of the local community should not be secured by duplicating the relevant provisions taken, for example, from the Constitution and dedicated to the rights and freedoms of man and citizen in the Russian Federation. Federation, but through their constitutional justification. This can manifest itself, firstly, in the form of specifying all or individual powers that have constitutional and legal recognition as human and civil rights; secondly, by establishing a procedure, an order for the implementation of the corresponding right on the territory of the municipality; thirdly, by securing additional guarantees of the implementation of specific rights and freedoms in a given municipality. For such forms of municipal legal regulation of the rights of citizens on the basis of their consistent constitutional justification, there are well-defined legislative prerequisites and conditions.

Thus, municipal rights and, in general, the self-governing status of members of the urban community are based on the constitutional rights and freedoms of citizens of the Russian Federation. However, there are significant differences between them. Municipal rights and freedoms cannot be less secure than constitutional ones. But at the same time, for example, the charter of a municipality may well establish some additional opportunities, especially for certain categories of citizens: it may provide additional guarantees for the implementation of constitutional rights at the expense of local budget funds, etc. For example, Article 21 of the Charter of the Rostov Region directly states that “Local government bodies of the Rostov Region on their territory may exceed own funds the level of state social standards and introduce municipal standards in accordance with federal and regional laws." A Charter (Basic Law) Saratov region , moreover, it contains a provision (although not indisputable) that “Citizens of the Russian Federation permanently residing in the region have additional rights and obligations that are established by representative authorities” (Article 18). All this just indicates that the consolidation of the rights and freedoms of members of the local community in the charter of a region (territory) or municipal entity has neither a formal nor just a declarative meaning. The institution of municipal rights and freedoms is an important element of the unified legal framework of local self-government. This can be illustrated by the example of specific rights and freedoms. For example, Art. 43 of the Constitution of the Russian Federation establishes the possibility of receiving free education in schools only at the level of basic general education, and in the Charter of the city of Rostov-on-Don it was proposed to extend this opportunity to the level of secondary (complete) general education. Such a decision, naturally, does not contradict the Constitution, since it does not worsen, but strengthens the guarantees of the rights of residents of Rostov-on-Don. And it, in addition, complies with the requirements of the Decree of the President of the Russian Federation “On Guarantees of the Rights of Citizens of the Russian Federation to Receive Education”, Article 2 of which contains the following provision: “To oblige local government bodies, together with parents or persons replacing them, to create conditions for children to receive secondary (full) general education." If we ignore the dubious imperativeness of the state order in itself addressed to local governments (imposing additional responsibilities on them on behalf of the state without providing appropriate financial resources), it is obvious that in this presidential act the right to education is interpreted more broadly, more democratically, than in the Constitution . And this option was considered expedient to be enshrined in the City Charter, and after the draft Charter of the city of Rostov-on-Don was prepared and published for discussion, the Federal Law “On Amendments and Additions to the Law of the Russian Federation “On Education” was adopted, article 5.p.3 of which implements the provisions of the Presidential Decree and thus confirms the need to interpret the guarantees of the right to education more broadly than is the case in Article 43 of the Constitution. Other articles of the corresponding chapter of the Charter of the city of Rostov-on-Don were considered necessary to formulate with taking into account the content not only of the Constitution of the Russian Federation, but also international legal acts, including the European Declaration of Urban Rights and the European Urban Charter, which were adopted by the Permanent Conference of Local and Regional Authorities of the Council of Europe in 1992 and contain a very wide range of individual and collective municipal rights of citizens . This is all the more important now that Russia has become a full member of the Council of Europe. At the same time, however, it should be emphasized that the charter of a municipal entity can only include provisions that are realistically feasible and feasible for us from the category of European standards for the rights of city residents.

One of the key articles in this regard is the article establishing the rights of citizens to a safe and healthy living environment. In terms of its content and social purpose, this is a much broader right than the right to a favorable environment enshrined in Article 42 of the Constitution of the Russian Federation. This can be easily verified by comparing Article 42 of the Constitution with the content of Article 7 of the Charter of the city of Rostov-on-Don.

On the other hand, in the current conditions of transition to a market, the problem of social protection of the population, including the use of local budget funds, is important. In the Charter of the city of Rostov-on-Don there is, for example, Art. 13 “Protection of the rights of pensioners and disabled people”, establishing municipal benefits for the corresponding category of citizens. At the same time, Part 2 of this article determines that “The list of relevant benefits, the procedure for their provision to certain categories of citizens and the conditions for financial support are determined annually by the City Duma when approving the budget of the municipality.” It seems that this is a completely justified solution to the problem when, on the one hand, the real situation of limited possibilities for financing relevant activities from the local budget is taken into account and, on the other hand, the City Duma is entrusted with the obligation to find the necessary funds for this when approving the budget for each year. Thus, the City Charter orients deputies and the Duma to the priority of social issues when solving the entire range of problems of municipal budget financing. We are thus talking about a combination of normative and programmatic aspects in the very content of one of the important municipal rights of that category of citizens who need increased social protection.

In addition, for a municipal formation and, especially, a subject of the Federation, it is important to take into account the specifics of its national-demographic composition, cultural and historical characteristics, which can influence, to a certain extent, the legal regulation of municipal rights of citizens. The Rostov region and the city of Rostov-on-Don differ in this regard in very significant ethnopolitical features, which is determined, on the one hand, by their geographical location (“gate” North Caucasus), and, on the other hand, the historical traditions of Cossack self-government. Therefore, it is no coincidence that the inclusion in the Charter of the Rostov region special chapter“Cossacks”, which immediately follows Chapter 3 “Rights, freedoms and responsibilities of citizens”. The Don Cossacks are defined in the corresponding chapter as “a historically established community within the multinational population of the Rostov region, which has distinctive traditions and culture” (Article 23). Based on this, subsequent articles essentially establish special self-government (municipal) rights of “citizens who consider themselves descendants of the Don Cossacks” (this definition of the subjects of the relevant rights is contained in the Regional Charter itself, Article 24).

The right to unite into farm and village societies, to create district, military and other traditional societies for the Cossacks (Article 24), the right to restore and develop Cossack forms of management (Article 24);
- the right to perform public service (Article 24);
- the right to create Cossacks (Article 25).

Thus, in this case, of course, there are elements of regulation of the rights and freedoms of man and citizen, which, it would seem, could call into question the constitutionality of the relevant provisions in the light of Art. 71, paragraph "c" and art. 72, paragraph "b". It is obvious, however, that the basis of the corresponding rights enshrined (regulated) by the Charter of the region are either directly related constitutional norms on the rights and freedoms of man and citizen (for example, Article 30), or other norms of federal legislation. Another thing is that, as emphasized, for example, in Article 26 of the Charter, “The activities of Cossack societies and public associations, state authorities and local governments for the revival of the Cossacks should not violate the rights and freedoms of the non-Cossack population.” We are thus talking about consistent compliance with the constitutional principle of equality and the position of citizens at the municipal legal level, which I think is more successfully reflected in Art. 14 of the Charter of the city of Rostov-on-Don (“National equality of members of the urban community”) than in the corresponding article of the Charter of the region.

Equality, being a fundamental general legal principle, extends simultaneously to the level of self-government status of an individual. In this regard, it assumes an equal amount of municipal rights and freedoms for all citizens of the Russian Federation, regardless of their place of residence. This is embodied in the system of municipal rights and freedoms of man and citizen in the Russian Federation.

Municipal land law

The main goal of land reforms in the Russian Federation is to ensure the rational use and protection of land as the most important natural resource, the creation of legal, economic, organizational, technological and other conditions for the reproduction and increase of soil fertility, the conservation of rural, forest and other lands, the improvement natural environment, development of rural and urban settlements.

Land resources are not only the territorial-spatial-natural basis of the historical location of an ethnic group of a people, but a complex socio-ecological-economic management object. The modern development of the world economy shows that in modern conditions a regulated market economy requires such state management of land resources that ensures strict compliance with the system of land and civil legislation in combination with the economic independence of land use entities.

The main characteristics of the state's land resources, in addition to its total area, include population density per unit of this area and its development, as well as the presence of natural and mineral resources.

Currently, Russia is the world's largest owner of land resources. The land fund of the Russian Federation within the administrative boundaries of the Russian Federation amounted to 1709.8 million hectares. Almost all the natural mineral substances of the planet were found on its territory, and in the zone of influence there is about 45% of fresh water and about 20% sea water. It should be noted that about 90% of Russia's territory is located in earthquake-resistant areas.

The classification of land resources in Russia defines the following categories of land:

1. Lands of agricultural enterprises, organizations, as well as citizens, i.e. territories used primarily for the needs Agriculture. In recent years, they have also begun to allocate land as part of farms, etc. Special attention is paid to agricultural lands, which include: arable land, vegetable gardens, orchards, vineyards, plantations, meadows, pastures.
2. Forest fund lands - territories covered with forest vegetation and not covered, but intended for its restoration.
3. Lands of the water fund - territories occupied by reservoirs, glaciers, swamps (with the exception of tundra and forest-tundra zones), hydraulic engineering and other water management structures, as well as lands allocated for the right of way of reservoirs, main canals and collectors.
4. Lands under the jurisdiction of city, town and rural administrations, territories located within the borders of settlements, as well as land transferred to the administration.
5. Lands for industry, transport and other purposes - territories provided to enterprises, various associations and organizations for the implementation of special tasks assigned to them (industrial production, transport, communications, etc.).
6. Lands for environmental purposes - territories with specially protected natural objects and complexes that have environmental, scientific, aesthetic, recreational and health value.
7. Reserve lands - lands that are not provided to legal entities and individuals for ownership, possession, use or lease, as well as lands, the right of ownership, possession and use of which has been terminated in accordance with current legislation. The use of reserve lands is permitted only after they have been transferred to another category or leased for a period of up to a year.

Land as a single fund is a special object of management, which is used by the state itself and provided to other persons for targeted use while performing functions on the internal organization of land plots. Therefore, management objectively becomes not only a function of the owner, but also, along with land control, an independent authority of the Russian Federation, a subject of the Russian Federation, a municipal entity.

All civil rights to own, use, and dispose of land resources are vested in the legal elements of the state system. The state, as the owner and sovereign, manages its property acts, expressing the supremacy of the state.

The state (represented by the Russian Federation and the subject of the Russian Federation) and municipalities in relation to land resources act in two aspects:

An authority structure that establishes norms and rules for the interaction of business entities, ensures their implementation and burdens all owners and business entities with local taxes, other obligatory payments and requirements for the maintenance of land resources;
- the owner operating in the market. Economic activity is carried out not only in the interests of generating income and solving socio-economic problems, but also regulating general economic turnover.

The content of property rights varies depending on whether it is exercised by a power structure or on a market basis. More precisely, depending on what relationships are dominant in society - power or market ones. The most difficult situation is when land ownership is based on a national principle, but this right is exercised using a market mechanism. It was in this situation that the constructions of “operational management”, “economic management” and others appeared and received an objective basis. In a market economy, a monetary approach to the content of land ownership is quite natural. There is every reason to unambiguously determine this content through the classical powers of the owner. But at the same time it is necessary to distinguish between the right of ownership and its implementation. There are conditions when and when market economy elements power relations may be preserved.

The state and municipalities, according to the current Russian legislation, are independent, special subjects of law, existing along with legal entities and individuals. Their civil legal status is subject to the rules defining participation in the property turnover of legal entities, unless otherwise directly follows from the law or from the characteristics of these entities (clause 2 of Article 124 of the Civil Code of the Russian Federation). When participating in property relations, the state must comply with the rules established by it, determined by the nature of the regulated relations. A subject vested with the appropriate powers can manage state property as an owner and exercise powers to dispose of property. To participate in civil circulation, a municipal entity may form (establish) a legal entity by transferring last part their powers.

The state, federal subjects and municipalities, acting through their bodies (state authorities or local governments), carry out a kind of “preparatory work” necessary for organizing the effective use of land. As a tool that implements such a management mechanism, a civil legal approach to land management can and should be used, in which the set and level of norms and methods for land management are established depending on the intended use of land plots.

The range of objects of land legal relations in the sphere of state and municipal property is determined by law. Thus, the objects of land legal relations of federal property are determined by the Decree of the President of the Russian Federation “On federal natural resources" These include land plots provided to meet the needs of the defense and security of the country, the protection of state borders, and the implementation of other functions falling under the jurisdiction of government bodies; land plots occupied by federally owned objects, as well as areas of specially protected natural areas federal significance.

The objects of land legal relations of state ownership of the constituent entities of the Russian Federation include lands located within their administrative-territorial boundaries, with the exception of lands that constitute federal, municipal, private or other forms of land ownership.

Accordingly, objects of municipal property are lands located within the boundaries of administrative districts and settlements, except for lands that are state, private, and common property.

Types of rights to land plots in the Russian Federation - legally established types of rights to land plots:

Permanent (indefinite) use;
- lifelong inheritable ownership land plots;
- limited use of other people's land plots (easement);
- rent of land plots;
- free-of-charge temporary use of land plots.

Land use is a form of land management with the aim of extracting useful properties or income from the land by:

Free management;
- rational organization of the territory;
- protection of lands from processes of destruction and pollution;
- use of common mineral resources available on the site.

The land use procedure is determined by relevant legislation.

Land ownership is a set of rights of a person who owns a land plot, including:

Land ownership;
- the right to dispose of land;
- right to use land.

Today the situation is such that general legal issues of the right of state and municipal ownership of land are defined in Articles 9 - 11 and 16 - 19 of the Land Code of the Russian Federation.

State ownership of land (clause 1 of Article 16 of the Land Code of the Russian Federation).

Part 1 of Article 9 of the Constitution of the Russian Federation provides that land may be in state ownership.

This constitutional requirement is implemented in civil and land legislation.

Paragraph 2 of Article 214 of the Civil Code of the Russian Federation and paragraph 1 of Article 16 of the Land Code of the Russian Federation declare that land that is not owned by citizens, legal entities or municipalities is state property.

The presence in the Civil Code of the Russian Federation and the Land Code of the Russian Federation of provisions on state land ownership indicates the need to solve relevant problems, both within the framework of the requirements of civil and land legislation.

The possibility of simultaneous regulation of land ownership relations in civil and land legislation was pointed out by the Constitutional Court of the Russian Federation.

The position of the Constitutional Court of the Russian Federation of the Russian Federation on this issue is reflected in the ruling “On the refusal to accept for consideration the request of the Volgograd Regional Duma to verify the constitutionality of paragraph 1 and paragraph two of paragraph 3 of Decree of the President of the Russian Federation No. 2287 “On bringing the land legislation of the Russian Federation in accordance with the Constitution of the Russian Federation").

According to the Constitutional Court of the Russian Federation, the new Constitution of the Russian Federation proceeds from the fact that land is a special kind of commodity, real estate, which means that in the regulation of land relations the norms of land and civil legislation should interact harmoniously.

The Land Code of the Russian Federation defines:

Features of the emergence, as well as termination of rights to land plots that are in state and municipal ownership;
- public authorities responsible for the provision and withdrawal of these land plots;
- land plots that can be exclusively in state and municipal ownership;
- the procedure for allocating federal property, property of constituent entities of the Russian Federation and municipal ownership of land.

It is easy to notice that in this part of the Land Code of the Russian Federation, in relation to land plots, the requirements of Articles 212 and 214 of the Civil Code of the Russian Federation are developed.

It is noted in the legal literature that paragraph 2 of Article 214 of the Civil Code of the Russian Federation establishes a kind of presumption (assumption) of state ownership of land plots, which excludes their existence as ownerless property (Article 225 of the Civil Code of the Russian Federation).

Since paragraph 1 of Article 16 of the Land Code of the Russian Federation duplicates the content of paragraph 2 of Article 214 of the Civil Code of the Russian Federation, the corresponding explanations fully apply to it.

Land is an object that always has an owner.

It should be borne in mind that in some cases it is allowed to extend the legal regime of ownerless immovable property to land plots.

Thus, paragraph 2 of Article 53 of the Land Code of the Russian Federation provides that if the right of ownership to a land plot is renounced, this land plot acquires the legal regime of an ownerless thing, the procedure for terminating the right to which is established by civil law.

A number of researchers reasonably note that paragraph 2 of Article 214 of the Civil Code of the Russian Federation and paragraph 2 of Article 53 of the Land Code of the Russian Federation are not consistent with each other.

It should be noted that this is not the only case where the norms of the Civil Code of the Russian Federation and the Land Code of the Russian Federation do not fully comply with each other.

The general provisions of the Civil Code of the Russian Federation on state property (Chapter 13) are fully applicable to land plots. For these reasons, Article 16 of the Land Code of the Russian Federation is limited only to stating the existence of such a form of ownership as state ownership of land.

The Civil Code of the Russian Federation and the Land Code of the Russian Federation establish a plurality of subjects of state ownership of land. The owners of land plots can be the Russian Federation and the constituent entities of the Russian Federation (Article 214 of the Civil Code of the Russian Federation, Articles 17 and 18 of the Land Code of the Russian Federation).

A feature of state ownership of land is that the rules on the plurality of its subjects have not yet been fully implemented. Currently, federal laws establish only federal ownership of land. As for the property of the constituent entities of the Russian Federation, federal laws only provide for the need to allocate it. In other words, at this time, state ownership of land is divided into two parts, that is, into federal property and undivided state property.

Articles 17 and 18 of the Land Code of the Russian Federation are devoted to federal ownership and ownership of land by constituent entities of the Russian Federation.

Issues related to undemarcated state ownership of land should now be resolved on the basis of the requirements of paragraph 10 of Article 3 of the Federal Law “On the Entry into Force of the Land Code of the Russian Federation.”

The issue of the subject of undemarcated state ownership of land continues to remain controversial. In the specialized literature, the opinion was expressed that the owner of the relevant land is the Russian Federation, since it was transferred to it from the USSR. However, this position is not shared by all specialists.

While maintaining uncertainty about the question of who is the subject of the law of undemarcated state property, the legislator clearly indicates the authorities that manage this property.

According to the second part of paragraph 10 of Article 3 of the Federal Law “On the Enactment of the Land Code of the Russian Federation,” the disposal of lands before the delimitation of state ownership of land is carried out by local government bodies within the limits of their powers, unless otherwise provided by law.

This norm reproduces the provisions of the Law of the Russian Federation “On Local Self-Government in the Russian Federation”. In articles 51, 60 and 71 of the said legislative act, the powers to dispose of land plots are granted to township, rural, district and city administrations.

In some constituent entities of the Russian Federation (for example, in the federal city of Moscow), the rights of the owner to land located outside the demarcated state property are exercised by state authorities of the constituent entities of the Russian Federation.

In these cases, the constituent entities of the Russian Federation took advantage of the opportunity provided to them by federal legislation to regulate with their legislation differently the issue of the authorities managing the said land.

Decree of the Government of the Russian Federation No. 576 “On the procedure for disposing of state-owned land plots before the delimitation of state ownership of land” does not fundamentally change the one in force for twelve recent years procedure for disposing of state land property.

The Ministry of Property Relations of the Russian Federation is now granted the right to:

A) exercise control over the transfer to the federal budget of funds from the sale of state-owned land plots, as well as from the sale of the right to conclude a lease agreement for these land plots at auctions (auctions, competitions);
b) carry out legal actions on behalf of the Russian Federation to protect property rights and legitimate interests of the Russian Federation in the event of:
- provision of land plots to the government body of the Russian Federation (its territorial body), as well as government agency, state unitary enterprise, other non-profit organization created by government bodies of the Russian Federation;
- provision to the government body of the Russian Federation (its territorial body), citizen and legal entity of land plots on which real estate objects are located that are in federal ownership or were in federal ownership before alienation;
- termination of the rights of these bodies, citizens and legal entities to land plots;
- provision of ownership or lease of land plots, the proceeds from the sale or lease of which go to the federal budget.

The real participation of the Ministry of Property Relations of the Russian Federation in the disposal of land plots located outside demarcated state ownership consists only of carrying out various types of approvals.

The process of delimiting state ownership of land will apparently take a long time, so the management and disposal of the relevant land will have a specific character for a long time.

Before the delimitation of state ownership of land, state registration of state ownership of land for the disposal of state-owned lands will not be required (part one of paragraph 10 of Article 3 of the Federal Law “On the Entry into Force of the Land Code of the Russian Federation”).

Municipal laws

There are many special federal laws containing norms of municipal law:

Federal Law No. 97-FZ “On State Registration of Charters of Municipal Entities”;
- Federal Law No. 138-FZ “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local government bodies”;
- Federal Law No. 25-FZ “On Municipal Service in the Russian Federation”, etc.

The sources of municipal law are almost all codes of Russia, primarily:

Tax Code of the Russian Federation,
- Budget Code of the Russian Federation,
- Town Planning Code of the Russian Federation,
- Land Code of the Russian Federation,
- Civil Code of the Russian Federation, etc.

Being a complex branch of law, municipal law includes rules contained in many federal laws:

Federal Law No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs”, Federal Law No. 210-FZ “On the basis for regulating tariffs of public utility organizations”, Federal Law “On state and municipal unitary enterprises" No. 161-FZ;
- Federal Law No. 67-FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation”;
- Federal Law No. 8-FZ “On ensuring access to information on the activities of state bodies and local governments”, etc.

The norms of municipal law are contained in Decrees of the President of the Russian Federation and Decrees of the Government of the Russian Federation, regulatory legal acts of executive authorities of the Russian Federation:

Decree of the President of the Russian Federation No. 607 “On assessing the effectiveness of the activities of local governments of urban districts and municipal areas”;
- Decree of the President of the Russian Federation No. 1451 “On the Council under the President of the Russian Federation for the development of local self-government”;
- Decree of the President of the Russian Federation No. 1370 “On approval of the Basic Provisions of State Policy in the field of development of local self-government in the Russian Federation”;
- Decree of the Government of the Russian Federation No. 814 “On the authorized federal executive body for approving the boundaries of municipalities”;
- Decree of the Government of the Russian Federation No. 350 “On maintaining the state register of municipalities of the Russian Federation”, Order of the Ministry of Justice of the Russian Federation No. 139 “On approval of the regulations on the procedure for maintaining the state register of charters of municipal entities and ensuring the availability of information included in it”, etc.

Rules of municipal law

Legal norms are rules of conduct that establish, consolidate and regulate social relations that arise in the process of organizing and operating local government. Together they form municipal law as a branch. The norms of municipal law have those common features that are characteristic of all legal norms. At the same time, municipal legal norms also have their own characteristics. The Law on General Principles of the Organization of Local Self-Government establishes the right to adopt and issue legal acts on issues of local self-government.

The norms of municipal law are classified by type. The classification can be based on various criteria.

According to the object of legal regulation, i.e., according to the range of regulated relations, municipal legal norms are fixing: the foundations of the activities of local self-government (territorial, organizational, financial and economic foundations).

According to the nature of the instructions, they are divided:

– on authorizing (norms-permits establishing what can be done, defining the subjects of local government);
– binding (containing instructions on what needs to be done. Thus, local government bodies and local government officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect the rights and freedoms of man and citizen. These norms also establish the responsibilities of state bodies in relation to municipal authorities, duties of other subjects of municipal law);
– prohibitive (norms-prohibitions that establish what cannot be done). These norms establish one or another rule of a prohibitive nature and ensure, in particular, the inviolability of the rights of local self-government. For example, it is prohibited to restrict the rights of local self-government established by the Constitution of the Russian Federation and federal laws.

According to the degree of certainty of regulations, norms of municipal law are divided into imperative and dispositive. An imperative norm, for example, establishes the procedure for the entry into force of normative legal acts of local government bodies and local government officials affecting the rights, freedoms and responsibilities of an individual and a citizen; their official publication (promulgation) is required. Dispositive norms provide for the possibility of expanding the list of issues classified by law as issues of local importance, at the initiative of the municipalities themselves, which is directly provided for in Art. 6 of the Law on General Principles of Organization of Local Self-Government.

According to the territory of validity, the norms of municipal law can be federal (valid throughout Russia), the effect of which is limited to the territory of a specific subject of the Federation, as well as local, operating within a separate municipal entity.

In addition, a distinction is made between substantive and procedural norms. Substantive legal norms establish the powers of local government bodies and local government officials, the rights and obligations of citizens and other subjects of municipal law. Procedural norms determine the procedure for elections and activities of local government bodies, the procedure for making decisions directly by the population of municipalities, the procedure for exercising the right of the population to law-making initiative in matters of local importance.

Object of municipal law

The object of municipal law is the state-legal reality of the Russian Federation.

The basic concepts of municipal law are given in the dictionary of legal terms used in the manual and given in section 4 of this manual. Municipal law has its own specific object and subject. The object of municipal law is understood as what the action of its norms is aimed at. The general object of municipal law is the specific social relations that arise in the process of creation and direct activities municipalities.

The subject of municipal law is the laws, patterns, properties and features that characterize social relations in municipalities.

The concept of municipal law replaced the concept of Soviet construction, which characterized social relations associated with the activities of the Councils of People's Deputies. The fundamental difference between Soviet construction and municipal law lies in the characteristics of the local government itself. Soviet construction represented local authorities as state bodies. Municipal law establishes that local governments are not part of the system of state authorities. This means that the state recognizes local self-government as an independent level, an independent form of exercise of power.

Subjects of municipal law of the Russian Federation

Municipal law is a complex branch of law.

The concept of “municipal law” is new for our state science, although issues of municipal government and municipal economy were at one time the subject of research by lawyers and figures of the zemstvo movement of pre-revolutionary Russia, as well as individual scientists of the 20s.

In the legislation of the Russian Federation, the term “municipal” is used to describe both city and rural self-government. At the same time, however, it must be taken into account that the Constitution of the Russian Federation does not use the concepts of “municipality”, “municipal bodies”, “municipal law”, but “local self-government”, “local self-government bodies”. But at the same time, the Constitution of the Russian Federation establishes municipal property as one of the forms of ownership, recognizing the right to independently manage it for local governments in both urban and rural settlements. The Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” establishes that the terms “municipal” and “local” and phrases with these terms are used in relation to local government bodies, enterprises, institutions and organizations, property and other objects, intended purpose which are related to the implementation of the functions of local self-government, as well as in other cases relating to the exercise of local self-government by the population (Article 1). The same Law, regulating issues of the legislative framework of local self-government, directly speaks of the norms of municipal law (Article 7). Thus, there is every reason to call the new branch of Russian law municipal law, which is essentially the law of local self-government.

The term “municipal law of the Russian Federation” is used in two main meanings. Firstly, this is the name of a set of legal norms that regulate a certain area of public relations and constitute a branch of the legal system of the Russian Federation, and secondly, this is the name of a scientific discipline - a body of scientific theories and knowledge that generalizes a given area of social relations, the practice of implementing the norms of municipal law . In addition, in accordance with the name of the branch of law and scientific discipline, municipal law is called academic discipline, the study of which is provided for in the curricula of law schools. All these concepts are closely interrelated with each other, because they have a common

The sources of MP are legal acts that contain municipal legal norms, i.e. the form in which they receive their vitality (federal, regional, local). Federal level - main source is the Russian Federation, and for the first time MS is established as an independent industry; federal laws, which can be conditionally divided into 2: 1) Federal Laws specifically regulating issues and functioning (“Law on Local Self-Government”, “On Financial Fundamentals”, “On Municipal Service”); 2) Federal Laws that form the basis of other branches of law: administrative, housing, civil, tax (“On Electoral Law”, Tax Code).

The sources of MP include federal by-laws: Decrees of the President of the Russian Federation “On the main directions of local self-government”; Decrees of the Russian Federation (Federal programs); regulatory legal acts of other federal bodies; Resolutions of the chambers Federal Assembly; Regulations Supreme Court; Laws adopted before the Constitution of the Russian Federation of 1993, which do not contradict in the part that do not contradict the Constitution.

Regional ones include: 1) acts of senior officials, Decrees of the Head, Resolutions of the State Council, Acts of the Government, Court Decisions; 2) Charters; 3). International standards international treaties(Article 15 of the Constitution of the Russian Federation); 4) European Charter on Local Self-Government of September 15, 1985; 5) Agreements between the Russian Federation and local governments.

Municipal law is defined as complex law, has independent significance, and independent legislation. A significant part of municipal legal institutions consists of their own legal norms that are not related to other norms.

Municipal law (law of local self-government) is a complex branch of Russian law, which is a set of legal norms that establish: territorial, financial, economic, legal foundations of local self-government; state guarantees and organizational and legal forms of its implementation; powers of local governments in resolving issues of local importance, as well as certain state powers that may be vested in them.

Municipal law includes the following concepts:

Municipal entity - a city, a rural settlement, several settlements united by a common territory, part of a settlement, another territory within the limits of which the local government is carried out, there is municipal property, a local budget, elected bodies of the local government;

Issues of local importance are issues directly. ensuring the livelihoods of the population;

Bodies of the MC are elected and other bodies vested with powers to resolve issues of local importance and not included in the system of government bodies;

Representative bodies - the Council of the Moscow Region, which has the right to represent the interests of the population and make decisions on its behalf;

Municipal property is property owned, used and disposed of by local authorities.

Municipal service - professional activity on an ongoing basis in the bodies of the Municipality in the execution of their powers;

Local taxes and fees established. bodies of the MC independently in accordance with the Russian Federation.

From this definition it is clear that the subject of municipal law in Russia as a branch of law is social relations arising in connection with the consolidation and regulation of:

1) territorial, financial, economic, legal foundations of local self-government and state guarantees of its implementation;
2) organizational and legal forms of local self-government;
3) powers of local government bodies to resolve issues of local importance;
4) certain state powers that may be vested in local governments.

Municipal law as a complex branch of Russian law. Municipal law is a complex branch of law Municipal rights of citizens

Introduction

1. Prerequisites for the formation of the industry “Municipal Law of the Russian Federation”

2. The concept of the complex nature of Municipal Law

3. The role of the subject of legal regulation as a primary principle in the process of structuring the system of municipal law

4. Method of legal regulation as a classification feature of the system of Municipal law

Conclusion

List of sources used

Municipal property rights

Municipal rights

Bodies of municipal law

Subjects of municipal law

Municipal rights of citizens

Municipal land law

Municipal laws

Rules of municipal law

Object of municipal law

Subjects of municipal law of the Russian Federation

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Municipal law as a complex branch of Russian law. Municipal law is a complex branch of law Municipal rights of citizens

Introduction

1. Prerequisites for the formation of the industry “Municipal Law of the Russian Federation”

2. The concept of the complex nature of Municipal Law

3. The role of the subject of legal regulation as a primary principle in the process of structuring the system of municipal law

4. Method of legal regulation as a classification feature of the system of Municipal law

Conclusion

List of sources used

Municipal property rights

Municipal rights

Bodies of municipal law

Subjects of municipal law

Municipal rights of citizens

Municipal land law

Municipal laws

Rules of municipal law

Object of municipal law

Subjects of municipal law of the Russian Federation

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