Head of the Sol-Iletsk municipal district
"On the interaction of local self-government bodies with political parties and public associations"
The interaction of government and society is always of great importance. This is one of the most important indicators of the effectiveness and stability of the current government. From the number of public organizations and associations, the level of their activity and ability to influence the government, one can judge how much public authorities open to interaction with society. On the other hand, support from the authorities is important and necessary for the public itself. These are two mutually influencing components of the political process.
On the territory of the Sol-Iletsk region, public organizations and political parties are constantly working, each of which reflects the interests of a certain part of society.
One of the oldest and most active organizations in the region is the public organization of war veterans, labor, the Armed Forces and law enforcement agencies. The head of the organization is Fedor Lukyanovich Naryzhnev. The Council of Veterans provides social support to war and labor veterans, elderly citizens, and participates in activities for the patriotic education of youth. On board 40 primary organizations, of which 22 are in villages, 18 in cities. This makes it possible to effectively coordinate the work of the council. Primary veteran organizations are strong points through which communication is established with every veteran of the village, organization of the enterprise. The Council of Veterans cooperates with other public organizations, conducts joint work with the district administration.
The Council of Women of the Sol-Iletsk District (Zaborsen L.V.) has been actively working for many years, which deals with solving problems of family, motherhood and increasing the role of women in social, political, economic and cultural life. Together with schools, cultural institutions, administrations of settlements, various sports, cultural and entertainment events are held with the invitation of families with children.
The Sol-Iletsk regional branch of the Orenburg regional public organization "Union of veterans of local wars and military conflicts" (D.F. Belkovich). The latter is actively involved in sports events held in the area.
The modern Cossacks are becoming more and more active. A non-profit organization has been created in the region - the Sol-Iletsk khutor Cossack society, which is a structural subdivision of the Orenburg detached Cossack society “The First Department of the Orenburg Cossack Host”. Today it is the only Cossack organization in the Sol-Iletsk region that has legally formalized its status.
Another important element of society is youth.
Our area is home to 12,680 young people between the ages of 14 and 30. District youth and children's associations contribute to the formation moral values and cultural traditions of the new generation, provide information to young people about their rights and opportunities, support and strengthen the institution of a young family. With the support of these organizations, children and youth of the district participate in various competitions and events, unite in clubs of interest. A fairly large number of young people live in the district, and therefore it is very important to pay attention to this subgroup of society. Not only the further development of civil relations in society, but also the future as a whole depends on the interest of young people, on the level of their involvement in public life, on the possibilities of self-realization. Last year, elections to the Youth Chamber of the Sol-Iletsk region took place through Internet voting. The main goal of the Youth Chamber is to increase the role of youth in addressing youth policy issues on the territory of the municipality, as well as to assist the Council of Deputies in the development of regulatory legal acts aimed at resolving issues of local importance on the organization and implementation of activities of an intersettlement nature to work with children and youth.
In 2012, an active political reform began in our country, amendments were made to the federal law "On political parties". There are 64 political parties registered in the country, 135 organizing committees political parties.
In our region, over the past years, 4 parties have been steadily functioning. These are the local branches of the United Russia party, the Communist Party of the Russian Federation, the Liberal Democratic Party, and the Fair Russia party.
We are open for dialogue and cooperation with public associations, political parties and solve issues jointly in the interests of the residents of our region.
In order to increase the role of interaction of the administration with the public of the district, to involve the general population in the development of proposals on the most important social, economic and political development issues, representatives of the public are regularly invited to public hearings to discuss the draft local budget and a report on its implementation, the draft charter. Participate in the annual reports of the head of the district.
Interaction and coordination of actions of the authorities and public organizations is of great importance. For this purpose, as well as in order to promote social and political stability in the region, a socio-political council was formed under the head of the municipal formation of the Sol-Iletsk region. The Council is an advisory body.
The main tasks of the council are:
- interaction with political parties and public associations in order to preserve social and political stability in the region;
- development of social partnership between local governments and local branches of political parties.
The main functions of the council are:
- analysis of trends in the socio-political situation in the region and the development of necessary recommendations;
- development of proposals for creating favorable conditions for the participation of residents of the Sol-Iletsk region in political processes;
- informing local branches of political parties about the main directions of the policy of the district leadership;
- provision of consultative, informational and methodological assistance to local authorities of the region on issues of interaction with party organizations in the field;
- organization of conferences, round tables and other events to discuss social and political issues.
To carry out its functions, the council meets. Council meetings are held at least once a quarter. A meeting of the council is considered competent if attended by at least half of the total number of its members.
I hope that the Social and Political Council will become a link between different segments of society and local authorities in solving problems of a different nature.
In public associations, the dependence of the status of public associations on their territorial sphere of activity has been established. Mandatory indication of territorial scope public association should be in the name of the organization... There are four territorial types public associations:
- All-Russian public association can carry out its activities in the territories of more than half of the subjects of the Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices. Currently, the RF includes 85 subjects. Lack of required quantity structural divisions is a violation and may lead to the liquidation of a public association. Inclusion in the names of all-Russian public associations of the name Russian Federation or Russia, as well as words derived from this name,allowed without special permission.
- Interregional public association operates in the territories of less than half of the subjects Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices. To obtain this status, it is enough to have branches in at least 2 constituent entities of the Russian Federation... Interregional public associations have a special structure, which, as a rule, are regional and local branches.
- Regional public association, the activity of such an association in accordance with its statutory goals is carried out within the territory of one subject. For example, the Moscow Public Organization for the Protection of Consumer Rights, as the very name of the organization implies, operates on the territory of Moscow.
- Local public association conducts its activities within the territory of only one local government body. For example, the local public regional organization of motorists Losinoostrovskaya, operates on the territory of the intracity municipal formation Losinoostrovskoe in Moscow.
Departments has the right to acquire the rights of a legal entity and is also entitled to carry out activities on the basis of its statutes registered in established order... At the same time, the goals and objectives of the branches should not contradict the charter of the parent public association. It is the ability of the regional branch to become independent legal entity leads to the fact that when creating a regional office, it should have at least three members - representatives of this region. Since a public association is created on the initiative of the founders - at least three individuals and (or) public associations.
Local self-government, being the lowest level of public authority, is a very special political institution and a special sphere of government, different from government controlled... The main difference lies in the influential role of the population and various forms of population participation in the implementation of local self-government. The balance of power and social principles appears to be the most important institutional property of local government. Local self-government is defined as the level of organization of power in the state, at which administrative and self-government mechanisms are organically intertwined to resolve issues of local importance. The concept of the significant role of the population itself in the functioning of the local community is based on the properties of issues of local importance. Their solution should be based solely on the interests of the residents. Local issues are the problems of those people who live in a given area. It is the residents who have the most complete information about the problems, as well as the options for their solution. The population, citizens and society are considered as the only subjects of local self-government that have the right to exercise control over the activities of local self-government bodies, to receive the necessary reliable information about it. Many foreign models of local self-government are based on developed infrastructure participation of the population, as well as intensive interaction of the population with local authorities.
One of the main goals of the modern municipal reform directly concerned the population as an active subject of local life. As noted by the President of Russia D. A. Medvedev, the priority of such a state task as the development of local self-government is due to the fact that “local self-government should open up to citizens the opportunity to independently solve their local problems without instructions and orders from above”. the main objective reforms were declared as the creation of a truly self-governing system of public power at the lower level. And, of course, one of the most important tools for the implementation of this goal was to stimulate and support associations of residents to independently resolve the issues of their territories.
For the development of social-power interaction, the following conditions are necessary:
The need to empower citizens to make decisions that most seriously affect their daily lives;
Creation of conditions for participation in decision-making;
Supporting public initiatives;
Development of relations between local governments and public organizations;
Creation of infrastructure of public associations of citizens for joint activities;
Replacing powerful methods of action with methods of interaction and cooperation.
The President's Address to the 2010 Federal Assembly sounded the importance of modern forms of citizen participation in the development of their city and village, their greater influence on the activities of municipal bodies. One of the dominant themes is the building of everyday transparent, clear, simple relations between the state and the citizen at all levels of government. The question is imperatively raised that the regional, and even more so the municipal authorities should be in dialogue with the people. At the same time, the main criterion for evaluating the work of the regional leadership is the level of trust of residents.
Within the framework of local self-government, the role of public associations is significant. They are an important channel for experimentation in the search and development of new forms of self-government activity of the population and an essential source of information about the problems and needs of residents. Public associations are not just one of the forms of expressing the needs and interests of citizens, but also a means that reveals the degree of significance and importance of such requests. In other words, they allow not only to record any phenomenon, but also to determine its qualitative aspect, intensity. The activity of public associations makes it possible to determine the level of volitional reinforcement of declared needs, interests, value orientations, which makes it possible for state and local authorities to judge the degree of claims of residents, therefore, to more objectively see the picture of existing social aspirations, it is more correct to correlate the latter with each other when making managerial decisions.
At the same time, public associations can be used by local authorities as a means of communicating important information to the population. By informing public figures, the authorities thereby intensify, deepen and expand information contacts with the population as a whole. In addition, public associations are not only a means of informing citizens, identifying problems, but also an important means of resolving these problems, citizens' self-realization of their own requests. For local governments, public associations are additional tool meet the needs of people. Unfortunately, since the end of the 80s. the independent local movement, involved in the sphere of meeting public needs, began to decline. The authorities have ceased in many places to rely on the organized initiative of people. And only recently there has been a movement to restore the previous forms of work with the population. Of course, social activists should not replace employees of the local government apparatus, municipal and other enterprises, organizations. Amateur organizations of the population should work not instead of local government bodies and their services, but together with them.
Public associations can do a lot to activate the personality, socialize its interests. This is one of the channels of control by the population over the activities of state and local authorities, political structures... Finally, it is necessary to note the quality of representation inherent in all associations. They represent the interests of their members (participants) and those groups of the population whose views they are trying to formulate and express. And in this capacity they can take part in representative governance, including in the processes of local lawmaking and local elections.
Let's summarize some of the results. It is the topic of population participation that becomes a kind of " business card»Municipal reform. In addition to the objective need to develop public mechanisms at the municipal level, the following political factors influence the situation:
The impossibility of municipalities, due to a number of factors, to qualitatively fulfill their responsibilities at the local level leads to the involvement of the residents themselves and their associations in solving local issues;
The situation is influenced by the factor of resistance of the bureaucratic apparatus itself to the institutionalization of public participation;
In the new social and political conditions, the authorities are looking for new mechanisms " feedback»With the population.
It is important to note that the development of civil society structures, support for civil initiatives "from below" is one of the trending topics of federal public policy at the level of top officials of the state. It can be assumed that the public demand for public participation will increase. And first of all, it can relate to responsibility and involvement in the management of municipal life. Therefore, the problem of insufficiently well-established interaction between the state and society is one of the most systemic, complex and important problems for Russia.
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Ministry of Education and Science of the Russian Federation
State educational institution higher professional education
Cheboksary Polytechnic Institute (branch)
Moscow State Open University
Test
by discipline: Municipal government
on the topic of: Public associations and non-profit organizations in the local government
Completed: 5th year student
Ivanova Ekaterina Valerievna
checked by: T.M. Golovina
Cheboksary 2013
Introduction
1. General concepts of a non-profit organization
2. Features of the interaction of non-profit organizations and local governments
3.Forms of interaction and cooperation of local governments and non-profit organizations
Conclusion
List of references
Introduction
The most important role of local government in modern state structure The Russian Federation is determined by the fact that it protects the common interests of citizens living in urban, rural settlements, and other municipalities.
The presence of local self-government implies that in the country, along with the interests of the individual and the interests of the state, local (municipal) interests are also recognized and guaranteed - the interests related to the solution of issues of direct support of the population's life, and not the population in general, but the specific population of each individual city, settlement, village, stanitsa, aul, etc. At the same time, municipal interests are viewed not as subordinate to the state, but as interests that are equal to them.
According to the Constitution of the Russian Federation (Article 12), local self-government is one of the most important constituent parts of the foundations of the constitutional system of the Russian Federation. It is recognized and guaranteed by the fundamental law of our state.
The system of local self-government in Russian municipalities is traditionally viewed as a set of organizational formsin which citizens exercise local self-government.
For more than ten years now, we have been observing the processes of restructuring of public relations in the system of local self-government, when the organized community not only claims a role in solving local issues, but also actively performs it. First of all here it comes on non-governmental / non-municipal non-profit organizations (hereinafter - NPO), created as a result of self-organization of citizens.
The balance of power in the local self-government system has always been shifted towards local self-government bodies. It is to them, and not to the forms of direct democracy of the population, that the decisive role in the choice of directions for the development of the local self-government system is attributed. The opinion is expressed that "it is only thanks to them that the entire system of local self-government moves and develops and that practically any impulse associated with the participation of the population or bodies of territorial public self-government in local self-government is mediated by the implementation of the corresponding powers of local self-government bodies."
However, local governments do not have the ability to resolve local issues on their own. Against this background, the role of other actors is increasing, which can take on the solution of issues of local importance. In this case, we mean the activities of local NGOs, which, although legally are not an element of the local self-government system and are not even classified as other forms of public participation in local self-government, nevertheless, their obvious contribution to solving local issues prompts the sociologist to fix this phenomenon and identify their role as new elements of the local government system.
This test is devoted to the issues of interaction between NGOs and local governments, its forms and intensity.
1. General concepts of a non-profit organization
A non-profit organization (NPO) is an organization that does not have profit making as the main goal of its activities and does not distribute the received profit among its participants.
If an NPO intends to act as a participant in civil law relations (acquire property rights and obligations), then it must go through the procedures state registration to acquire the rights of a legal entity.
The process of functioning of organizations in the non-profit sector is somewhat different from the activities of commercial organizations and includes two levels: main and entrepreneurial activities.
The main activity of an NPO is an activity corresponding to the goals for which this organization was created and which is provided for by it. constituent documents... An NPO can carry out one or several types of activities.
Maintaining the core business is the main function of the NPO. It is this activity of NPOs that is supported and stimulated by the state through the provision of privileges in paying taxes, receiving orders, etc. NPOs receive such benefits from the state in exchange for the obligations of the former to carry out basic activities, which in most cases boil down to the implementation of the most important social programs.
An NPO's entrepreneurial activity must meet three conditions:
1. should not be the main goal of the NPO;
2. to serve the objectives of the organization, i.e. to strengthen its material and technical base, to be a source of formation of property used for the purposes of the organization, to attract members of the organization to work;
3. comply with the statutory goals of the organization and not go beyond its statutory legal capacity.
2. Features of the interaction of non-profit organizations and local governments
The interaction of local self-government bodies and non-governmental non-profit organizations (NPOs) has a certain specificity in comparison with similar relations between NPOs and public authorities.
First, the area of \u200b\u200bactivity of both interacting actors is local issues. On the one hand, the NGOs themselves, operating at the local level, are primarily aimed at meeting the needs of the population in the local self-government system. Almost two thirds (68%) officials local governments and municipal employees believe that they play the most visible role in the life of their municipalities local NGOs, i.e. organizations operating within the territory of the local government. Every eighth respondent (12%) attributes this role to regional organizations, every seventh (14%) - to branches of all-Russian public associations. On the other hand, municipal officials see the expediency of the participation of non-governmental non-profit organizations in solving most of the issues of local importance, and most often in urban areas. Thus, in urban districts, all thirty questions of local importance are mentioned in this series, and only seven of them are mentioned less often than every tenth respondent. In them, most often, the expediency of NPO participation is noted in solving such issues of local importance as:
· Creation of conditions for organizing leisure and providing residents with services of cultural organizations (67%);
Providing conditions for the development of mass physical culture and sports (62%);
· Organization of landscaping and gardening of the territory, use and protection of urban forests (62%);
· Protection and preservation of cultural heritage sites (historical and cultural monuments) of local importance (59%);
· Creation of conditions for mass recreation and organization of arrangement of places for mass recreation of the population (59%);
Organization of security measures environment (56%).
A similar situation is developing in settlements - urban and rural. However, respondents from rural settlements show less interest in the participation of NGOs in solving similar issues of local importance than in urban settlements.
Thus, officials of local self-government bodies and municipal employees most often see the expediency of NPO participation in resolving issues of local importance on the territory of cities - in urban districts and urban settlements. Moreover, at this level, the demand for NGO activities is more often expressed by respondents from urban districts.
The population of cities, villages and towns also assigns a certain role in solving their pressing problems to public and other non-profit organizations. The expected role of NGOs in addressing issues of improving the quality of human potential comes to the fore. So, their role is seen in solving the problems of drunkenness, alcoholism; the spread of drug addiction; falling morals, aggressiveness, indifference of people; an increase in the number of beggars, homeless people, vagrants, street children. The solution of problems of improvement, cleanliness of the city (village, town) by means of public and other non-profit organizations also comes to the first place. Next come the issues of ecology, environmental pollution. Every seventh considers organizations as subjects capable of contributing to improving the provision and increasing accessibility of cultural, entertainment, sports facilities.
Secondly, the nature of interaction between NGOs and local governments has specific features for the types of municipalities. The differentiation of impressions from this interaction results in different assessments of the role that NGOs and civil initiatives play in the public life of municipalities. Thus, in general, every second respondent from among officials of local self-government bodies and municipal employees attributes to them the role of an intermediary between the authorities and the population (more often respondents from urban districts and municipal districts). According to 45% of respondents, NGOs and civic initiatives help to catch interests and sentiments in time, which otherwise would result in unconstructive actions.
A similar trend is observed in defining the role of a constructive opponent of the authorities, helping to see problems, bottlenecks, and shortcomings. NGOs and civic initiatives in some cases help to replace local authorities authorities in resolving issues of local life. The role of NGOs and civil initiatives as assistants, partners and opponents is much more noticeable in urban districts than in rural settlements.
Apparently, these roles can be strengthened if stable relationships are established in the communication space "NGOs - local authorities". However, the lack of support and interest from local authorities is the main problem of the organization's functioning.
3.Forms of interaction and cooperation between local governments and non-profit organizations
self-government municipal non-profit
To what extent are various forms of interaction between local self-government bodies and NPOs, both material and intangible, widespread, which can really contribute to increasing the sustainability of the functioning of NPOs?
The prevalence of these forms is markedly differentiated by the types of municipalities. Most often, these forms are used in urban districts. For example, the provision of municipal grants takes place in every third urban district and only in every tenth municipal district. Of the non-material forms of interaction, public councils are leading, as well as receiving information and methodological assistance from the authorities by NGOs.
Against the background of the limited spread of these forms of interaction, insufficient support of NGOs by local governments is also recorded.
Table 1. List of forms of support and cooperation of local governments with NGOs at the municipal level (by type of municipalities,%)
|
Types of municipalities |
|||||
|
Urban districts |
Municipal areas |
Urban settlements |
Rural settlements |
||
|
Presentation of municipal granites |
|||||
|
Placing a social order |
|||||
|
Performance by NPOs of work under contracts with authorities that are not a social order |
|||||
|
Participation of NGOs in public councils jointly with government authorities |
|||||
|
Participation of NGOs in the implementation of municipal programs (without social order) |
|||||
|
Participation of NGOs in joint working groups with government authorities, negotiation platforms, conciliation and conflict commissions |
|||||
|
Representation of non-profit organizations with property support from the authorities |
|||||
|
Obtaining information by NPOs from authorities |
|||||
|
Provision of information and analytics by NPOs to government authorities |
|||||
|
Providing non-profit organizations with educational programs for municipal employees |
|||||
|
Participation of NGOs in educational programssubmitted by authorities |
|||||
|
NGOs receiving methodological assistance from authorities |
|||||
|
Providing NPOs with methodological assistance to authorities |
This is evidenced by the ratio of the share of municipalities, which municipal officials call specific types of NPOs and civic initiatives as worthy of support and as really supported. In almost all positions, the share of municipalities in which these types of NPOs and civil initiatives deserve support. This does not apply only to religious communities, organizations and movements, in which these shares practically coincide. The largest gap is noted for organizations created for self-organization in the housing sector: homeowners' associations (deserve support in 44% of municipalities, are actually supported - in 27%); territorial public self-governments (47% and 32%); house committees, elders for houses and entrances (40% and 26%). Charitable organizations fall into the same category. They are followed by the decreasing difference between deserving and really supported NPOs: garden and summer cottage associations, school and student government bodies, consumer protection societies.
Polls have shown that the most pressing support is veteran associations, societies of disabled people, women's organizations of the national-patriotic movement, etc.
In urban districts, more often than in other types of municipalities, respondents name most types of NPOs as deserving support.
Among NPOs, public associations most often enter into contacts with local self-government bodies. Most often, consumer cooperatives and autonomous non-profit organizations do not enter into such interaction. of all NPOs are involved in non-material forms of interaction with local governments.
Thus, NGOs in Russian municipalities could further strengthen their role in resolving issues of local importance, since the authorities themselves expect these actions from them (more often in urbanized areas). Interaction with local government bodies can become a serious resource for NPOs to develop and strengthen their sustainability. However, among the forms of interaction, non-material forms prevail, while the institutionalization of material forms of interaction is of decisive importance to strengthen the subjective role in resolving issues of local importance. The situation by types of municipalities is not homogeneous. On the one hand, forms of interaction between local governments and NGOs are more common in urban districts. On the other hand, from the point of view of such interaction, specially identified types of municipalities that go beyond the four legally established types - urban districts, municipal districts, urban and rural settlements, are of interest. The use of this typology will allow a deeper understanding of the essence of the types of interaction between local self-government bodies and NGOs in municipal Russia.
Social organization " Parent-teacher meeting": solving the problem of lack of kindergartens
Against the background of the general rise in civic activity, the topic of the shortage of kindergartens is becoming very popular among citizens, many of whom are dealing with it directly. Initiative groups and public organizations are emerging in many cities that seek to solve problems by various means - from rallies to mutual assistance among parents. Residents of Samara managed to advance the farthest - a public organization "Parents' Council" was created here.
The members of the organization consider their main task not to protest actions - although they have nothing against those who conduct them - but to develop a dialogue with the authorities, on which the solution of the problem depends. Some progress seems to be marked. According to Nadezhda, it is felt that officials understand the scale and urgency of the problem and are ready to look for ways to solve it. In recent years, 10 former kindergartens have been returned, which were occupied in the 90s. various organizations and institutions.
Conclusion
Local governments do not have the ability to resolve issues of local importance on their own. Against this background, the role of other entities is increasing, which can take on the solution of issues of local importance. In this case, we mean the activities of local NGOs, which, although legally are not an element of the local self-government system and are not even classified as other forms of participation of the population in local self-government, nevertheless, their obvious contribution to the solution of issues of local importance prompts to record this phenomenon and identify their role as new elements of the local government system.
A non-profit organization is an organization that does not have profit-making as the main goal of its activities and does not distribute the received profit among its participants.
NPOs can be created in the form of public or religious organizations (associations), non-profit partnerships, institutions, autonomous non-profit organizations, social, charitable and other foundations, associations and unions, as well as in other forms provided for by federal laws.
The activities of NGOs to resolve issues of local importance are expected and in demand on the part of officials of local self-government bodies and municipal employees. This helps to strengthen the position of local NPOs as real elements of the local self-government system that can potentially acquire important sign institutional nature - legal registration. The stability of the non-profit sector at the local level could be facilitated by forms of interaction between the authorities and the public. However, their potential has not yet been revealed enough. In this regard, it becomes necessary development measures to support NPOs on the part of local self-government bodies, which will ultimately help to strengthen the local self-government systems themselves to manage the processes associated with its life support.
List of references
1. The Civil Code of the Russian Federation, Part 1.
2. Uvarov A.L. Local government in Russia. - 3rd ed., Revised. M .: Norma, 2008.
3. Mersiyanova I.V. Issues of state and municipal administration, 2008.
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Article 8 Federal law "About general principles Organizations of Local Self-Government in the Russian Federation ”, it is stated that in order to organize the interaction of local self-government bodies, to express and protect the common interests of municipalities, a council of municipalities of the subject of the Russian Federation is formed in each subject of the Russian Federation. Taking into account the peculiarities of the territorial and organizational basis of municipalities, other associations of municipalities may be formed on a voluntary basis. Inter-municipal associations cannot be vested with the powers of local self-government bodies.
Bodies of territorial public self-government - it is the self-organization of citizens at their place of residence on a part of the territory of the settlement for the independent and under their responsibility to carry out their own initiatives on issues of local importance.
Government departments determine the general principles of the organization of local self-government in the Russian Federation; carry out legal regulation the rights, duties and responsibilities of federal government bodies and their officials, government bodies of the constituent entities of the Russian Federation and their officials in the field of local self-government; carry out legal regulation of the rights, duties and responsibilities of citizens, local government bodies and local government officials in resolving issues of local importance; carry out legal regulation of the rights, duties and responsibilities of local self-government bodies and local self-government officials in the exercise of certain state powers that local self-government bodies are endowed with. In some cases, it is allowed to exercise control powers in relation to local government bodies.
State authorities and local self-government bodies can enter into relationships when jointly carrying out any events.
State authorities provide support to local self-government, assistance to its formation and development.
Public associations , non-profit organizations can participate in municipal elections, nominate their candidates for elected municipal offices in accordance with electoral legislation. In some municipalities, public associations have the right to rule-making initiatives.
State and non-state enterprises , institutions and organizations participate in the complex social and economic development of the territory of the municipality. Local governments in accordance with the law have the right to coordinate such participation of enterprises, institutions and organizations. Local self-government bodies and their authorized municipal institutions can act as customers for the supply of goods, performance of work and provision of services related to the solution of issues of local importance and the implementation of certain state powers transferred to local governments by federal laws and laws of the constituent entities of the Russian Federation.
Municipal unitary enterprises and institutions are created by local self-government bodies (Article 51 of the Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation") to exercise powers to resolve issues of local importance. Local self-government bodies determine the goals, conditions and procedure for the activities of municipal enterprises and institutions, approve their charters, appoint and dismiss the heads of these enterprises and institutions, hear reports on their activities in the manner prescribed by the charter of the municipal formation.
The variety of municipal legal relations necessitates their classification.
- 1. By subjects:
- a) relations in which one of the parties is a municipal entity;
- b) relations in which the subjects are citizens of the Russian Federation, population, groups of citizens;
- c) relations in which the subjects are local government bodies, government bodies, associations, unions, other associations of municipalities, local government bodies;
- d) relations in which the parties are bodies of territorial public self-government, public associations, non-profit organizations, state and non-state enterprises, institutions and organizations, municipal unitary enterprises and institutions.
- 2. Municipal legal relations may have general and specific character. Are common - are regulated by norms, principles, etc., specific - arise as a result of the implementation of norms and rules of behavior.
- 3. Municipal legal relations can be permanent and temporary. Period of validity of permanent cannot be determined, but they can cease to exist under specific conditions. Temporary - arise as a result of the implementation of specific norms-rules of behavior and after their implementation they stop (for example, during the election period).
- 4. By intended purpose allocate: constituent , legal and law enforcement relations.
- 5. Allocate material and procedural relations. In the material, the content of rights and obligations is realized, and in the procedural, the procedure for the implementation of legal actions.
- 6. By the way of individualization of the regulation relationships are divided into relative and absolute.
In relative legal relations, all their participants are precisely defined: entitled and obliged persons. Two or more parties can participate in such a legal relationship. An increase in the number of participants in legal relations does not change their essence: each right of one party corresponds to the obligation of the other party, known in advance.
Absolute are legal relations in which only one side is precisely defined - the bearer of subjective rights. All other persons are obligated in this relationship. They should not interfere with the exercise of subjective rights by entitled persons.
- 7. Municipal legal relations are active and passivetype. Legal relations of an active type are formed on the basis of binding norms and for their existence require individuals to take positive actions, without which the interests of the authorized person cannot be satisfied. Passive-type legal relationships are formed on the basis of authorizing and prohibiting norms (considered in unity) and are characterized by the fact that positive actions are performed by the entitled person, and the obliged person is obliged to refrain from certain behavior.
- 8. Municipal legal relations by content share:
- - on relationships related to local government organization- these are relations associated with the formation, transformation of municipalities, the establishment and change of their boundaries and names, with the definition of the structure of local government bodies, their formation and name, control over their activities, their responsibility;
- - relationships arising in the process solving local issues, is, for example, relations related to management municipal property, maintenance of local roads, formation, approval and execution of the local budget, etc .;
- - relations arising in the course of the activities of local self-government bodies on the implementation of certain state powers.
The classification of municipal-legal relations is also permissible on other grounds: but legal facts etc.
Municipal legal relations are characterized by various objects of material and intangibleabout which their subjects enter into certain legal ties. The object of municipal legal relations is the activities of the local population and the municipal bodies formed by them, aimed at solving issues of local importance, determined by the charter of the corresponding municipal formation, and individual state powers transferred to specific municipalities in the manner prescribed by law.
The basis for the emergence, change and termination of municipal legal relations are legal facts: events and deeds.In most cases, the basis for the emergence of legal relations are actions or acts of subjects.
It is from a legal fact the implementation of a legal norm begins, and only thanks to a legal fact a specific subject becomes a participant in a legal relationship. Thus, a legal fact is an event or act that directly entails the emergence, change or termination of a legal relationship. In this case, the event occurs independently of the will of the subject, and the act is associated with the expression of the will of the latter. Acts are divided into act and inaction. Actions, in turn, are classified into legal actsand deeds.
It must be borne in mind that legal facts can be plain, complicated, and alternative character. For the emergence, for example, of legal relations on the exercise of electoral rights by citizens, in addition to reaching the age stipulated by the Constitution of the Russian Federation, the citizen must be nominated as a candidate for deputy, his consent to run for office, and his registration by the election commission as a candidate for deputy.
The onset of events does not depend on the will of people, however, the indication of them in municipal legal norms gives them legal significance, associates with them the measure of possible and proper behavior of subjects. Events fulfill their role not only independently, but also act as elements of the legal structure. For example, one of the reasons for introducing an emergency is a catastrophe.
Among the legal facts, the most widespread are actions expressing the volitional behavior of subjects and their correlation with the requirements of municipal legal norms. it lawful actions,accumulating the social activity of subjects and reflecting the process of their purposeful positive activity, supported and stimulated by municipal legal norms, and misconductcommitted contrary to municipal legal norms and therefore condemned by the state and society.
In turn, lawful actions, taking into account the characteristics of the target orientation of the subjects to the results of actions, are divided into legal acts and legal acts. In municipal and legal relations, their role is very significant. For example, the publication of legal acts is associated with the emergence of the vast majority of municipal legal relations with the participation of local governments and their officials.
Legal actions that underlie municipal legal relations are mainly legal actions in which the will is aimed at achieving certain results that generate specific legal consequences.
