Forms of direct implementation by the population of local self-government and participation of the population in its implementation. Forms of local self-government The concept of forms of local self-government

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Forms of direct expression of the will of citizens (forms of direct democracy)
Local governments (in forms of representative democracy)

Forms of direct expression of the will of citizens
(forms of direct democracy)

Forms of direct expression of the will of citizens(forms of direct democracy) are named by federal legislation:

local referendum;
municipal elections;
meeting (gathering) of citizens;
people's law-making initiative;
citizens' appeals to local government bodies;
territorial public self-government.

1. Local referendum- this is a vote of citizens living in the territory of the corresponding municipality on the most important issues of local importance. The vast majority of constituent entities of the Russian Federation have adopted laws on local referendums, which provide an approximate list of issues that can be submitted to a local referendum. These include, in particular: the charter of the municipality, changes in the boundaries of the municipality, forms of local government, the structure of municipal bodies, plans and programs for the development of the territory.
The Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” prescribes that the decision to hold a local referendum must be made by a representative body of local government, both on its own initiative and at the request of the population. The laws of the constituent entities of the Russian Federation specify: the initiative of the population is formalized by an initiative group with a certain number of members, which applies to the local government body with a request for its registration; in case of receiving a registration certificate, the initiative group collects signatures in support of the initiative to hold a local referendum. The regulatory legal acts of the constituent entities of the Russian Federation and the charters of municipalities provide for a different number of signatures required to make a decision on holding a referendum - from 5% of residents in Astrakhan and Omsk to 25% in the Voronezh region. The representative body of local self-government is obliged to call a referendum if the laws and charter of the municipality were not violated in the documents and during the collection of signatures.
Citizens participate in voting on an issue submitted to a local referendum directly and on a voluntary basis. Voting is secret; any influence on the free expression of the will of citizens is not allowed.
Local referendums can be held both to resolve and discuss issues of local importance within the competence of local government. In this regard, mandatory and advisory referendums are distinguished. The result of a mandatory referendum is a decision that is binding on all subjects of municipal legal relations. A consultative referendum is held to determine the opinion of the population on the most important issues of local life. As stated in the law of the Ivanovo region “On local referendum in the Ivanovo region” of 1996, the results obtained during a consultative referendum are not binding and are taken into account by local government bodies and officials when adopting normative legal acts.
2. Municipal elections- a democratic way of forming local governments. Deputies of the representative body of local self-government are directly elected by citizens living on the territory of the relevant municipality. In many constituent entities of the Russian Federation, heads of local government are also elected directly by the local population. In a number of regions of Russia, heads of municipalities are elected by representative bodies of local self-government.
3. People's law-making initiative- the right of citizens of a municipality to develop a draft regulatory legal act on issues of local importance and submit it for consideration to local government bodies, as well as the obligation of the relevant local government body to consider such a draft at an open meeting with the participation of representatives of the population and officially publish (make public) the results of the consideration. This is a new form of direct democracy for Russia, which was not provided for by the previous legislation on local councils and was first enshrined in the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation.” In fact, it means the right of a certain group of citizens to come up with a draft municipal regulatory legal act.
The right of people's law-making initiative must be enshrined in the charter of the municipality. The procedure for exercising this right of citizens is not unified. But it is usually allowed, firstly, to submit a prepared draft normative legal act for consideration at a gathering or meeting of citizens of a given municipality, and secondly, to collect signatures of citizens in support of proposals to adopt a normative legal act and submit signature sheets to the local government body.
4. Territorial public self-government represents the self-organization of citizens at their place of residence in part of the territory of the municipality (in the territories of microdistricts, blocks, streets, etc.). Forms of territorial public self-government can be general meetings (gatherings), population surveys, bodies of territorial public self-government (councils or committees of microdistricts, housing complexes). The territories in which public self-government bodies operate are established by the administration at the proposal of residents and approved by the representative body of local self-government.

Local authorities
(in forms of representative democracy)

The most important place in the system of municipal law is occupied by the legal regulation of organization and activities local authorities .
The system of local government bodies consists of:
1. Representative bodies of local self-government- meetings of representatives of the local population. They are elected directly by citizens living in the territory of the municipality. This body may have different names, defined in the charter of the municipality - duma, council, municipal assembly, etc.
The number of members of such representative bodies currently ranges from four in rural areas to several dozen people in cities. The term of office of municipal councils also varies. The Federal Law “On Basic Guarantees of Electoral Rights” establishes only the maximum duration of work of a representative body of one convocation - 5 years. In most constituent entities of the Russian Federation, representative bodies of local self-government are elected for 4 years, although shorter terms are not uncommon. The term of office of a member of an elected local government body cannot be less than two or more than five years.
The Federal Law “On the General Principles of Organization of Local Self-Government in the Russian Federation” defines the powers of local self-government, which only representative bodies have the right to exercise. These include, first of all, rule-making, financial, budgetary and control powers, such as:

adoption of generally binding rules on the subjects of jurisdiction of the municipality, provided for by the charter of the municipality;
approval of the local budget and report on its execution;
establishing a procedure for managing and disposing of municipal property.

Federal legislation allows for the possibility of exercising the powers of a representative body of local self-government through meetings (gatherings) of citizens. In such cases, the representative body may not be elected.
2. Head of the municipality- an elected official who heads the activities for the implementation of local self-government in the territory of the municipality. Typically, the head of a municipality heads the local administration, but may also be given the right to chair meetings of the representative body.
There are two possible options for electing the head of a municipality: directly by the population or by a representative body of local government. Issues of the very existence of such a position, the election of the head of the municipality, its name (headman, mayor, head of the city, head of the district, etc.), as well as terms of office, are decided by the municipality: either in the charter, or by a representative body, or by the population in a referendum .
The head of a municipal formation is accountable to the population and the representative body of local self-government, and must conduct his activities in compliance with the principles of legality, unity of command, and responsibility.
3. Administration of the municipality carries out management activities and unites specialized executive bodies - committees, departments, divisions, managements. Thus, in most municipalities, sectoral executive bodies are created, such as the department of education and the department of health care. The administration works under the leadership of the head of the municipality or the head of the local administration and in accordance with the regulations on the executive authorities of the municipality, approved either by the head of the municipality or a representative body.
It should be borne in mind that federal legislation specifies two types of local government bodies: 1) bodies formed on the basis of elections, and 2) bodies formed in a non-elected way - as a result of appointment, delegation, co-optation, etc. Articles 14, 15 and 16 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, in strict accordance with the Constitution of the Russian Federation and the European Charter of Local Self-Government, establish that elected bodies are mandatory. However, it is not precisely determined which specific elected municipal bodies should be created. In particular, the possibility of electing officials other than the head of the municipality is allowed. Theoretically, such other officials could be, at the discretion of the municipality, deputy heads of administration, heads of administrative divisions, for example, departments of social protection of the population.

Local self-government is exercised in two main forms: direct expression of the will of citizens and through local government bodies.

1. To forms of direct expression of will citizens include: local referendum, municipal elections, meetings (gatherings) of citizens, territorial public self-government.

Local referendum is a vote of citizens on issues of local importance. The decision to hold a local referendum is made by the representative body of local self-government on its own initiative or at the request of the population. All citizens living in the territory of the municipality and having the right to vote have the right to participate in a local referendum. The decision made at the referendum does not require any approval. The procedure for holding a local referendum is determined by the law of the subject of the Russian Federation and is established by the charter of the municipality

Municipal elections mean elections of deputies, members of other elected bodies, and elected officials of local government. Elections are carried out on the basis of universal, equal and direct suffrage by secret ballot.

The legal basis for holding local referendums and municipal elections is the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation.” The procedure for holding municipal elections is determined by the laws of the constituent entities of the Russian Federation.

Meetings (gatherings) of citizens can be convened to resolve issues of local importance. If a meeting (gathering) of citizens exercises the powers of a representative body of local self-government, then it is considered competent if more than half of the residents of the municipality who have the right to vote participate in it. The procedure for convening and holding meetings (gatherings) of citizens, making and changing decisions, and the limits of competence are established by the charter of the municipality in accordance with the laws of the subject of the Russian Federation.

Territorial public self-government is the self-organization of citizens at their place of residence in part of the territory of a municipal entity (neighborhoods, neighborhoods, streets, courtyards and other territories). Territorial public self-government independently and under its own responsibility carries out its own initiatives in matters of local importance. It is carried out directly by the population or through bodies of territorial public self-government. The procedure for organizing and implementing territorial public self-government is determined by the charter of the municipality in accordance with the laws of the subject of the Russian Federation.

2. To other forms of local self-government The Federal Law "On General Principles of the Organization of Local Self-Government in the Russian Federation" refers to:

People's law-making initiative on issues of local importance. Draft legal acts submitted by the population in the course of implementing a law-making initiative are subject to mandatory consideration at an open meeting of the local government body with the participation of representatives of the population. The results of the review are subject to official publication;

Citizens' appeals to local governments and their officials. Such appeals can be individual and collective. A response on the merits of citizens' appeals must be given within one month;

Participation of citizens in the implementation of local self-government in other forms that do not contradict federal and regional legislation. Federal law does not define specific forms.

Local government bodies include elected and other bodies formed in accordance with the laws and charters of municipalities. The presence of elected bodies is mandatory. The name of local government bodies is established by the charters of municipalities.

Elected bodies include representative bodies of local government and the head of the municipality, and other elected officials of local government.

Representative body of local government- this is an elected body that has the right to represent the interests of the population and make decisions on its behalf that are valid in the territory of the municipality. It consists of deputies who are elected on the basis of universal, equal and direct suffrage by secret ballot. The following are under the exclusive jurisdiction of representative bodies of local self-government:

1) adoption of generally binding rules on the subjects of jurisdiction of the municipality;

2) approval of the local budget;

3) adoption of plans and programs for the development of the municipality, approval of reports on their implementation, establishment of local taxes and fees, establishment of procedures for the management and disposal of municipal property;

4) control over the activities of local government bodies and officials.

The numerical composition and powers of representative bodies are determined by the charter of the municipality.

In some settlements, the powers of representative bodies can be exercised by meetings (gatherings) of citizens. This possibility must be provided for by the charter of the municipality.

Representative bodies of local self-government have the right of legislative initiative in the legislative (representative) body of a constituent entity of the Russian Federation.

Head of the municipality- is an elected official who heads the activities of local self-government, vested with the authority to resolve issues of local importance.

There are two possible options for electing the head of a municipality:

Election by citizens living in the territory of the municipality on the basis of universal, equal and direct suffrage by secret ballot;

Election by a representative body of local self-government from among its members. The election procedure is established by federal laws and laws of the constituent entities of the Russian Federation.

The head of a municipality elected by the population may be a member of the representative body and preside over its meetings. Such a right must be enshrined in the charter of the municipality.

The head of local government is accountable to the population and the representative body.

Determining the status of a deputy, a member of an elected body of local self-government, an elected official of local self-government, the Federal Law of August 28, 1995 establishes that:

1) conditions are guaranteed for the unhindered exercise of powers, protection of their rights, honor and dignity;

2) their term of office cannot be less than two years;

3) they cannot be detained (except for cases of detention at the scene of a crime), searched, arrested, or prosecuted without the consent of the prosecutor of the constituent entity of the Russian Federation;

4) the social guarantees that are provided to them are enshrined in the laws of the constituent entities of the Russian Federation;

5) the charters of municipalities in accordance with the laws of the constituent entities of the Russian Federation provide for the possibility of their recall by the population.

All issues related to the name, formation procedure, competence, term of office, organization and activities of local government bodies and officials are determined by the charters of municipalities in accordance with the laws of the constituent entities of the Russian Federation.

Persons serving in positions in local government bodies are municipal employees,

Municipal service is understood as professional activity that is carried out on an ongoing basis in a municipal position that is not an elective position. The legal regulation of municipal service is determined by the charter of the municipal entity in accordance with the laws of the constituent entities of the Russian Federation and the Federal Law of January 8, 1998 "On the Fundamentals of Municipal Service in the Russian Federation" Federation", which, along with other issues, establishes a specific list of restrictions related to municipal service.

Forms of direct expression of the will of citizens (forms of direct democracy)
Local governments (in forms of representative democracy)

Forms of direct expression of the will of citizens
(forms of direct democracy)

Forms of direct expression of the will of citizens(forms of direct democracy) are named by federal legislation:

local referendum;
municipal elections;
meeting (gathering) of citizens;
people's law-making initiative;
citizens' appeals to local government bodies;
territorial public self-government.

Local authorities
(in forms of representative democracy)

adoption of generally binding rules on the subjects of jurisdiction of the municipality, provided for by the charter of the municipality;
approval of the local budget and report on its execution;
establishing a procedure for managing and disposing of municipal property.

The problem of citizen participation in resolving issues of local importance is key in the system of local self-government. This is due to the fact that local self-government is the right and ability of citizens to resolve these issues, therefore, the degree and quality of the implementation of self-government is directly and directly related to how and to what extent the population participates in solving public problems at the local level.

This problem has always been posed and solved, but in different ways. In a primitive society - through the mechanism of clan customs, traditions, then - through administrative and formalized procedures. The latter was especially evident in the Soviet model of local self-government.

In modern Russia, the main forms of citizen participation in resolving issues of local importance are defined at the regulatory level: local elections, participation in meetings, gatherings, territorial public self-government, public hearings, etc. The Law “On the General Principles of Organization of Local Self-Government in the Russian Federation” dated October 6, 2003 not only defines, but also expands various forms of direct implementation by the population of local self-government and participation of the population in the implementation of local self-government.

1. Local referendum. In order to resolve issues of local importance directly by the population, a local referendum is held. The decision adopted at a local referendum is subject to mandatory execution on the territory of the municipality and does not require approval by any government bodies, their officials or local government bodies.

A local referendum is held throughout the territory of the municipality. The decision to call a local referendum is made by the representative body of the municipality: on the initiative of citizens, or on the initiative of electoral, public associations, or on the initiative of the representative body of the municipality and the head of the local administration, put forward by them jointly.

2. Municipal elections. Municipal elections are held for the purpose of electing deputies, members of an elected body of local self-government, elected officials of local self-government on the basis of universal, equal and direct suffrage by secret ballot.

Municipal elections are called by the representative body of the municipality. In some cases, municipal elections are called by the relevant municipal election commission or court.

Guarantees of the electoral rights of citizens during municipal elections, the procedure for calling, preparing, conducting, establishing the results and determining the results of municipal elections are established by federal law and the laws of the constituent entities of the Russian Federation adopted in accordance with it. The law of the subject of the Russian Federation establishes types of electoral systems, which can be used during municipal elections, and the procedure for their application. The electoral system refers to the conditions for recognizing a candidate, candidates as elected, lists of candidates as admitted to the distribution of deputy mandates, as well as the procedure for distributing deputy mandates between lists of candidates and within lists of candidates.

3. Voting upon the recall of a deputy, a member of an elected local government body, an elected official of a local government, voting on issues of changing the boundaries of a municipal entity, transforming a municipal entity.

The grounds for recalling a deputy, member of an elected body of local self-government, or an elected official of local self-government can only be his specific unlawful decisions or actions (inaction) if they are confirmed in court.

Voting on issues of changing the boundaries of a municipal entity or transforming a municipal entity is carried out in order to obtain the consent of the population to these changes. The consent of the population is considered received if more than half of the residents of the municipality or part of the municipality who took part in the voting voted for the specified change or transformation.

4. Citizens' meeting. In a settlement with no more than 100 residents with voting rights, a citizens' meeting is held to resolve issues of local importance. A gathering of citizens is valid if more than half of the residents of the settlement who have the right to vote participate in it. The citizens' gathering exercises the powers of the representative body of the municipality, including those within the exclusive competence of the representative body of the municipality. A gathering of citizens can be convened by the head of a municipality independently or on the initiative of a group of residents of the settlement of at least 10 people. Decisions made at a citizens' meeting are subject to official publication (publication).

5. Law-making initiative of citizens. A law-making initiative may be made by an initiative group of citizens who have the right to vote, in the manner established by the regulatory legal act of the representative body of the municipality.

The minimum size of an initiative group of citizens is established by a regulatory legal act of the representative body of the municipality and cannot exceed 3 percent of the number of residents of the municipality who have the right to vote.

A draft municipal legal act introduced in order to implement the law-making initiative of citizens is subject to mandatory consideration by the local government body or local government official whose competence includes the adoption of the relevant act, within three months from the date of its introduction.

A reasoned decision made based on the results of consideration of a draft municipal legal act introduced in order to implement the law-making initiative of citizens must be officially brought to the attention of the initiative group of citizens in writing that submitted it.

6.Territorial public self-government. Territorial public self-government means the self-organization of citizens at their place of residence in part of the territory of the settlement for the independent and under their own responsibility to implement their own initiatives on issues of local importance.

Territorial public self-government is carried out in settlements directly by the population through meetings and conferences of citizens, as well as through the creation of territorial public self-government bodies.

Territorial public self-government can be exercised within the following areas of residence of citizens: the entrance of an apartment building; multi-apartment residential building; group of residential buildings; residential neighborhood; rural settlement that is not a settlement; other areas of residence of citizens.

Bodies of territorial public self-government are elected at meetings or conferences of citizens living in the corresponding territory.

7. Public hearings. To discuss draft municipal legal acts on issues of local importance with the participation of residents of the municipality, the representative body of the municipality, the head of the municipality, may hold public hearings.

Public hearings are held at the initiative of the population, the representative body of the municipality or the head of the municipality.

The following must be submitted to public hearings:

1) the draft charter of the municipality, as well as the draft municipal legal act on introducing amendments and additions to this charter;

2) a draft local budget and a report on its implementation;

3) draft plans and programs for the development of the municipality, draft rules for land use and development, draft territory planning and land surveying projects, draft rules for landscaping territories;

4) questions about the transformation of the municipality.

8. Citizens' meeting. To discuss issues of local importance, inform the population about the activities of local government bodies and local government officials, and implement territorial public self-government on part of the territory municipalities may hold meetings of citizens.

A meeting of citizens is held on the initiative of the population, the representative body of the municipality, the head of the municipality, as well as in cases provided for by the charter of territorial public self-government.

A citizens' meeting may receive appeals to local government bodies and local government officials, as well as elect persons authorized to represent the citizens' meeting in relations with local government bodies and local government officials.

Appeals accepted by a meeting of citizens are subject to mandatory consideration by local government bodies and local government officials whose competence includes resolving the issues contained in the appeals, with a written response being sent. The results of the citizens' meeting are subject to official publication (publication).

9. Citizens' Conference (meeting of delegates). In cases provided for by the charter of a municipality and (or) regulatory legal acts of the representative body of a municipality, the charter of territorial public self-government, the powers of a citizens’ meeting may be exercised by a citizens’ conference (meeting of delegates).

The results of the citizens' conference (meeting of delegates) are subject to official publication (publication).

10. Survey of citizens. A survey of citizens is carried out throughout the entire territory of the municipality or in part of its territory to identify the opinion of the population and take it into account when making decisions by local government bodies and local government officials, as well as government bodies.

The citizen survey is carried out on the initiative of:

1) a representative body of a municipal entity or the head of a municipal entity - on issues of local importance;

2) government bodies of the constituent entities of the Russian Federation - to take into account the opinions of citizens when making decisions on changing the intended purpose of municipal lands for objects of regional and interregional significance.

11. Appeals from citizens to local government bodies. Citizens have the right to individual and collective appeals to local government bodies. Appeals from citizens are subject to consideration in the manner and within the time frame established by Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.” Local government officials are required to give a written response on the merits of citizens' appeals to local government bodies within one month.

Other forms of direct implementation by the population of local self-government and participation in its implementation are also possible. These could be demonstrations, pickets, rallies, etc. In any case, they must be based on the principles of legality and voluntariness.

As we can see, in the new law the list and possibilities of forms of participation of the population in the management of the municipality have been significantly expanded. Moreover, the law directly states that state bodies and their officials, local government bodies and local government officials are obliged to assist the population in the direct implementation of local self-government by the population and the participation of the population in the implementation of local self-government.

Problems of citizen participation in solving local issues. The full implementation of these and other forms of citizen participation is hampered by the clearly outdated and ineffective mechanism of administratively formalized involvement of people in the sphere of local self-government. As a result, local self-government itself turns into a fiction, becoming only a screen for realizing the interests of corporate and government structures.

Why is this happening? Is the population not sufficiently educated? Historically passive? Poorly organized? Unprofessional officials (managers)?

All these problems exist, but they are not the main ones. The main reason, in our opinion, is that citizens simply have no real interest in participating in solving issues of local importance. It is known that it is interests that determine motivation and, accordingly, human behavior. The role of interests as a management tool is growing sharply in the conditions of modern society, where a partnership type of relationship is being formed, including in the field of local self-government. The partnership type of management replaces the administrative-formalized type and involves the formation of such management relationships where both the subject and the object of management build relationships on the principles of voluntariness and mutual benefit.

Interests, as is known, are objectively determined by the real conditions of life in which this or that subject finds himself. In our case, the lack of real interest in participating in resolving issues of local importance means that citizens understand perfectly well that their living conditions do not depend in any way on the degree of their participation in resolving issues of local self-government. It depends more on the power structures that regulate social relations and financial processes.

Therefore, if citizens participate in the system of local self-government, it is either at the level of single enthusiasts, or through formal administrative coercion, or within the framework of long-established traditions. Even if this participation is massive and even active, it will not be effective, since this participation resembles a crowd of extras rather than the activity of interested parties. The nature of participation is more in the nature of an event, a performance, rather than a form of expression and protection of one’s local interests.

Participation Evaluation Criteria are also of a purely formal nature: quantitative - turnout, the number of citizens within the framework of one or another form of participation in the decision of the VSW; qualitative - unity of opinions, absence of acute contradictions, scandals, etc. What interests citizens expressed or defended and, most importantly, how this affected or will affect their real living conditions - these assessment criteria a priori remain outside of analysis.

Since the material and spiritual interests of the population remain in any case, they are realized in these conditions not through the active and real activities of citizens, but through hardware work, lobbying by local leaders of the interests of their territories in government structures to receive additional benefits, subsidies, and other preferences.

In pre-revolutionary Russia and the Soviet Union, this system was quite effective. But today, in a market society, it does not ensure the effective functioning of local government.

Thus, the main reason for the ineffective participation of citizens in solving local issues is that they simply lack a real interest in doing so. In simple terms, this means that they do not see the connection between their work in local government and the real solution to their local problems. The numerous (even professional!) methods of attracting people used today will not fundamentally solve the problem.

Moreover, it is important to note that the majority of the population is quite happy with this situation. Someone decides your issues for you (from the president of the country to the head of the village administration), and you only passively accept this, or “actively” manifest yourself either as an assistant (at best), or as a critic, complainer, consumer of dependent goods type (in the worst case). This also suits a significant part of the traditional leadership corps, local and regional government bodies, since they were mentally, structurally and technologically formed to work with precisely such a population. It is necessary to change the interests of both the population and the authorities.

How to solve this difficult problem? Of course, you need to see the whole range of threats and opportunities associated with the mentality of the population, with socio-economic processes, with changes in the sphere of ideology, with the technological revolution, etc. But these are only conditions, not tools.

The main tools are social management technologies that are implemented in social management. One of the most important principles of social management, the principle of education, states that people and social groups manifest in practice the necessary qualities (properties) only through the formation of a system of appropriate social relations. In our case, this means that the population will be really interested in participating in solving issues of local importance only when certain social relations have been formed. This is necessary, since the real interests of people are determined by the system of relations in which people find themselves.

The system of social relations within the framework of natural development changes either during reforms or through revolutions, and then is legitimized and consolidated through normative regulation. Today, it is better to build reforms and their legitimization on the basis of management technologies, since this leads to a guaranteed result with minimal costs.

What needs to be done to generate citizens’ interest in participating in solving local issues? First of all, to give municipalities the opportunity to independently earn money for the budget. This probably won’t help absolutely depressed areas anyway, but the majority of local communities should get a “taste of their own money” and feel like real and successful owners of their land. It is possible to give the opportunity to become self-sufficient through the provision of certain benefits, and an increase in the degree of economic freedom to municipalities, and through the direction of a number of voluminous taxes (even in shares) to local budgets, and even through more significant compensation for the exercise of certain state powers by municipalities.

Consistent implementation of the principle of balancing freedom and responsibility will certainly lead to increased socio-economic differentiation of municipalities. The income gap is a very powerful factor that ensures a strong, sustainable and long-term interest of local communities - from the head to the ordinary resident - in the active use of all possible resources to resolve issues of local importance. However, for this factor to work correctly, at least three conditions must be taken into account.

Firstly, from the point of view of management technologies, it is very important level socio-economic differentiation of municipalities. In principle, such differentiation still exists today, but it is not enough for citizens of comparable municipalities (for example, residents of neighboring rural settlements) to feel it in their real lives. This concerns, first of all, the variety and quality of municipal services and opportunities - from kindergarten to garbage collection and cemetery maintenance. The gap must be greater than it is now in order for it to be steadily and noticeably felt by the population of both depressed and successful municipalities. Of course, it needs to be managed; too much differentiation can lead to population degradation or destructive social conflicts - but these are natural risks; Humanity bears the same risks when using, say, fire or a car.

Secondly, not only the level of the gap is important, but also its reasons, grounds. The reasons for differentiation directly affect the nature of population activity. If one municipality benefits due to the fact that it has some special privileges on the part of, say, regional authorities, then among comparable local communities this gap will not cause the formation of interest in the active use of their own resources and the participation of citizens in solving VSW. At best - an interest in finding your own approaches to the feeding trough, at worst - passive envy and the opportunity to justify your passivity in solving your own problems. It’s another matter when the reason for the gap is related to the ineffective use of one’s own resources and capabilities in resolving issues of local importance.

Third factor - ideological support for differentiation, the correct presentation of this situation to the population. In accordance with its historical habits, it is inclined to blame circumstances, authorities, but not itself for its problems. At the family-individual or organizational level (within families, enterprises, organizations), over the past 25 years people have become accustomed to social and material differentiation and are trying to make the most of their resources to ensure, if not prosperity, then at least survival. However, when it comes to territories, the principle of social justice as social equalization comes into play here: “why do they have it, but we don’t have it? This is unfair, because “the rights and guarantees of citizens” are violated, children, families, the disabled, etc. suffer.” As if when a family loses its sources of income or an ineffective enterprise goes bankrupt, these categories do not suffer. Such social demagoguery and the desire to evade responsibility, remaining in a position of social dependency, did not allow us to fully realize the potential of municipal reform contained in Federal Law No. 131. However, people today must not only understand, but also feel through real living conditions that, with a balanced system of opportunities and responsibilities, a dependent approach on the part of capable citizens will lead to relative degradation and poverty of the municipality as a whole.

The forms of direct implementation by the population of local self-government and participation of the population in its implementation are:

local referendum;
elections of deputies, members of an elected body of local self-government, elected officials of local self-government;
voting on the recall of deputies, members of an elected body of local government, elected officials of local government;
voting on issues of changing the boundaries of a municipal entity, transforming a municipal entity;
law-making initiative of citizens;
territorial public self-government;
public hearings;
citizens' meetings;
citizens' conference (meeting of delegates);
citizen survey;
citizens' appeals to local government bodies of the municipality;
other forms that do not contradict federal laws or laws of a subject of the Federation.

Direct exercise by the population of local self-government and participation of the population in the implementation of local self-government in accordance with Art. 33 of the Federal Law of Local Self-Government in the Russian Federation" must be based on the principles specified in this article. There are only two of these principles.

The second principle is the voluntariness of the direct implementation of local self-government by the population and the participation of the population in the implementation of local self-government. This means that no one, including state authorities and local governments, can force citizens to participate in this. This principle is equally applicable to forcing citizens to not participate in the direct exercise of local self-government by the population and non-participation of the population in the implementation of local self-government.

Institutions of direct democracy allow citizens to participate in determining the tasks and directions of activities of local governments. With the help of institutions of direct democracy, citizens' control over the activities of these bodies is also strengthened.

However, even the most detailed legal regulation of the institutions of direct democracy in itself does not guarantee the active use of such institutions by citizens. The Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” stipulates that state bodies and their officials, bodies and officials of local self-government are obliged to assist the population in the direct implementation of local self-government and their participation in the implementation of local self-government. The activities of local government bodies in providing practical explanations (including through the media) of issues of citizen participation in the direct exercise of local government are very important.

Local referendum

A local referendum is a vote by residents of a municipality to approve the most important issues of local importance. The legislative definition of a referendum is given in the Federal Law “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.” According to Art. 2 of this Federal Law, a referendum is a form of direct expression of the will of citizens of the Russian Federation on the most important issues of state and local importance for the purpose of decision-making, carried out through voting by citizens of the Russian Federation who have the right to participate in a referendum. Along with the all-Russian referendum, regional and local referendums are also envisaged.

A local referendum is a referendum held in accordance with the Constitution of the Russian Federation, federal laws, the constitution (charter), the law of a subject of the Federation, the charter of a municipal entity among citizens of the Russian Federation entitled to participate in a referendum, whose place of residence is located within the boundaries of the municipal entity.

A citizen of the Russian Federation has the right to vote and be elected regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances.

A citizen whose place of residence is located within the electoral district has active voting rights. The stay of a citizen of the Russian Federation outside his place of residence during elections in the district in which his place of residence is located cannot serve as a basis for depriving him of the right to participate in elections to local government bodies.

Restrictions on passive voting rights associated with the location of the place of residence of a citizen of the Russian Federation in a certain territory of the Russian Federation, including requirements for the duration and period of residence of a citizen of the Russian Federation in this territory, are established only by the Constitution of the Russian Federation.

As a rule, the head of a municipality can be recalled in the following cases:

1) if he has not repealed the legal act issued by him or its individual provisions, which were recognized by the court as contrary to the Constitution of the Russian Federation, the federal constitutional law, the federal law, the constitution (charter), the law of the subject of the Federation, the charter of the municipality and at the same time entailed a violation ( derogation) of human and civil rights and freedoms or the occurrence of other harm;

2) if, as a result of his illegal actions or failure to fulfill his powers established in federal laws, laws of a constituent entity of the Federation and the charter of a municipal entity, the relevant municipal entity and (or) its population suffered significant material damage, confirmed in court;

3) if his systematic failure to fulfill his powers established in federal laws, laws of a constituent entity of the Federation and the charter of a municipal entity, confirmed in court, creates irremovable obstacles to the exercise of powers by local government bodies, as well as to the participation of the population of the municipality in the implementation of local self-government;

4) if he violated the deadline for issuing a municipal legal act necessary for the implementation of a decision made by direct expression of the will of the population of the municipality, expressed in a local referendum, and this violation was confirmed in court.

A deputy of a representative body, as a rule, can be recalled if, confirmed by the court, his systematic non-participation in meetings of this body of deputies without good reason (illness of the deputy or his close relatives, business trip) creates irremovable obstacles to the exercise of the powers of the representative body.

The decision to schedule a vote on the recall of a deputy, member of an elected body, or elected official of local self-government is, as a rule, made by the representative body of the municipality. The person in respect of whom the initiative for his recall has been put forward has the right to attend the relevant meeting of the representative body, present to its deputies written objections to voting on the recall, and also give oral explanations about the circumstances put forward as grounds for recall. The specified person is notified of the meeting of the representative body of the municipality no later than three days before it is held.

The decision to call a vote on the recall of a deputy, member of an elected body, or elected official of local self-government is published in the official media no later than five days from the date of its adoption.

Simultaneously with the publication of the decision to call a vote on the recall of a deputy, member of an elected body, or an elected official of local self-government, explanations to voters of the recalled person regarding the circumstances put forward as grounds for recall must be published in the official print media.

The Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” stipulates that the procedure for recalling a deputy, a member of an elected body of local self-government, or an elected official of local self-government must provide him with the opportunity to give explanations to voters about the circumstances put forward as grounds for recall.

A deputy, member of an elected body of local self-government, or an elected official of local self-government are considered recalled if at least half of the voters registered in the municipality (electoral district) voted for the recall.

Significant legal positions on the issue of recalling elected officials of local self-government were expressed by the Constitutional Court of the Russian Federation. Thus, the provision formulated by the Constitutional Court on the inadmissibility of introducing a simplified recall procedure is very important. The Constitutional Court also touches on very important issues related to the grounds for revocation. Due to the peculiarities of local self-government as a public authority, most closely associated with the population, which predetermines the role of recall in the mechanism of local self-government, this or that decision or actions (inaction) of an elected official that call into question the trust of the population in him and are, according to the charter of the municipal formations as grounds for recall may become known to voters without prior jurisdictional confirmation. During recall, judicial protection acquires all the more importance, implying, in particular, the possibility of the court establishing, on the initiative of the recalled person or another appropriate applicant, that certain actions (inaction) of the recalled person did not take place or that the occurrence of those consequences did not depend on his will. which are assessed as grounds for loss of confidence in him, and therefore further implementation of the recall procedure is excluded.

The Constitutional Court of the Russian Federation indicated that at all stages of the recall procedure, an elected official of local self-government must have the right to give explanations on the circumstances serving as the basis for the recall and to protect his interests. Persons initiating the recall procedure, officials responsible for organizing a meeting of a representative body of local self-government, taking into account the general principles of democratic legal procedures, must ensure that the elected official is notified of the time and place of consideration of issues relating to his recall. It should be noted that, although it is in the interests of the person being recalled that he should appear at the relevant meetings and give his explanations, he has the right not to do so. But, in turn, this should not lead to delays in the procedural issues of the recall.

Voting on issues of changing the boundaries of a municipal entity, transforming a municipal entity

In cases provided for by the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, in order to obtain the consent of the population when changing the boundaries of a municipal formation, transforming a municipal formation, voting is held on issues of changing the boundaries of a municipal formation, transforming a municipal formation.

Voting on issues of changing the boundaries of a municipal entity or transforming a municipal entity is carried out throughout the entire territory of the municipal entity or in part of its territory.

Voting on issues of changing the boundaries of a municipal formation, transforming a municipal formation is appointed by the representative body of the municipal formation and is carried out in the manner established by federal law and the law of the subject of the Federation adopted in accordance with it for holding a local referendum, taking into account the specifics established by the Federal Law "On General Principles of Organization local self-government in the Russian Federation". At the same time, the provisions of federal and regional laws prohibiting campaigning by state bodies, local government bodies, persons holding state or municipal positions, as well as provisions determining the legal force of a decision made in a referendum, do not apply.

Voting on issues of changing the boundaries of a municipality or transforming a municipality is considered to have taken place if more than half of the residents of the municipality or part of the municipality who have the right to vote took part in it. The consent of the population to change the boundaries of a municipality or transformation of a municipality is considered to be obtained if more than half of the residents of the municipality or part of the municipality who took part in the vote voted for the specified change or transformation.

The results of voting on the recall of a deputy, a member of an elected body of local self-government, an elected official of local self-government, the results of voting on issues of changing the boundaries of a municipal entity, the transformation of a municipal entity and the decisions made are subject to official publication (promulgation).

Citizens' meeting

According to Art. 25 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, in a settlement with no more than 100 residents with voting rights, a citizens’ meeting is held to resolve issues of local importance. A gathering of citizens is valid if more than half of the residents of the settlement who have the right to vote participate in it.

A gathering of citizens exercises the powers of the representative body of the municipality, including those within the exclusive competence of the representative body of the municipality.

A gathering of citizens can be convened by the head of a municipality independently or on the initiative of a group of residents of the settlement of at least 10 people. The holding of citizens' gatherings is ensured by the head of the local administration.

Participation in the citizens' meeting of elected local government officials is mandatory.

The gathering of citizens is chaired by the head of the municipality or another person elected by the gathering of citizens.

The decision of the citizens' meeting is considered adopted if more than half of the participants in the citizens' meeting vote for it.

Decisions made at a gathering of citizens are subject to mandatory execution on the territory of the settlement.

According to Art. 26 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” a law-making initiative may be made by an initiative group of citizens who have the right to vote, in the manner established by the regulatory legal act of the representative body of the municipality.

The minimum size of an initiative group of citizens is established by a regulatory legal act of the representative body of the municipality and cannot exceed 3% of the number of residents of the municipality who have the right to vote.

In the absence of a normative legal act of the representative body of a municipal formation regulating the procedure for implementing the law-making initiative of citizens, the acceptance and consideration of a draft municipal legal act submitted by citizens is carried out in accordance with the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation.”

Representatives of the initiative group of citizens should be provided with the opportunity to express their position when considering this project.

If the adoption of a municipal legal act, the draft of which was introduced in order to implement the law-making initiative of citizens, falls within the competence of a collegial body of local self-government, the said draft must be considered at an open meeting of this body.

Territorial public self-government

Territorial public self-government is the self-organization of citizens at their place of residence in part of the territory of the settlement for the independent and under their own responsibility to implement their own initiatives on issues of local importance.

The boundaries of the territory in which territorial public self-government is exercised are established by the representative body of the settlement at the proposal of the population living in this territory.

Territorial public self-government can be carried out within certain areas of residence of citizens. This is the entrance to an apartment building; multi-apartment residential building; group of residential buildings; residential neighborhood; rural settlement that is not a settlement; other areas of residence of citizens.

Bodies of territorial public self-government are elected at meetings or conferences of citizens living in the corresponding territory.

Territorial public self-government is considered established from the moment of registration of the charter of territorial public self-government by the authorized local government body of the corresponding settlement. The procedure for registering the charter of territorial public self-government is determined by the charter of the municipality and (or) regulatory legal acts of the representative body. Territorial public self-government, in accordance with its charter, can be a legal entity and is subject to state registration in the organizational and legal form of a non-profit organization.

A meeting of citizens on the organization and implementation of territorial public self-government is considered competent if at least half of the residents of the relevant territory who have reached the age of sixteen take part in it. A citizens' conference on the organization and implementation of territorial public self-government is considered competent if at least two-thirds of the delegates elected at citizens' meetings, representing at least half of the residents of the relevant territory who have reached the age of sixteen, take part in it.

The exclusive powers of an assembly or conference of citizens exercising territorial public self-government include:

establishing the structure of territorial public self-government bodies;
adoption of the charter of territorial public self-government, amendments and additions to it;
election of bodies of territorial public self-government;
determination of the main directions of activity of territorial public self-government;
approval of the estimate of income and expenses of territorial public self-government and the report on its implementation;
review and approval of reports on the activities of territorial public self-government bodies.

Bodies of territorial public self-government exercise the following powers:

represent the interests of the population living in the relevant territory;
ensure the execution of decisions made at meetings and conferences of citizens;
can carry out economic activities for the improvement of the territory, other economic activities aimed at meeting the social and everyday needs of citizens living in the relevant territory, both at the expense of the funds of these citizens, and on the basis of an agreement between territorial public self-government bodies and local self-government bodies using funds local budget;
has the right to submit to local government bodies draft municipal legal acts that are subject to mandatory consideration by these bodies and local government officials whose competence includes the adoption of these acts.

A meeting of citizens is held at the initiative of the population, the representative body, the head of the municipality, as well as in cases provided for by the charter of territorial public self-government. A meeting of citizens, held on the initiative of a representative body or the head of a municipality, is appointed by the representative body or the head of a municipality, respectively.

A meeting of citizens, held at the initiative of the population, is appointed by a representative body in the manner established by the charter of the municipality. As a rule, such a meeting is appointed by a representative body within a certain period after receiving a written application signed by a group of citizens living in the relevant part of the territory of the municipality and having the right to vote. The date of the citizens' meeting is agreed upon with its initiators. The period between the receipt of an application for holding a meeting and its holding should not exceed a certain period (usually a month).

The procedure for appointing and holding a meeting of citizens for the purpose of implementing territorial public self-government is determined by its charter.

A citizens' meeting may receive appeals to local government bodies and officials, as well as elect persons authorized to represent the citizens' meeting in relations with local government bodies and officials.

A meeting of citizens, held on issues related to the implementation of territorial public self-government, makes decisions on issues within its competence by the charter of territorial public self-government.

Appeals accepted by a meeting of citizens are subject to mandatory consideration by local government bodies and officials whose competence includes resolving the issues contained in the appeals, with a written response being sent.

The procedure for appointing and holding a meeting of citizens, as well as the powers of the meeting of citizens are determined by the Federal Law “On General Principles of Organization of Local Self-Government in the Russian Federation”, the charter of the municipality and (or) regulatory legal acts of the representative body, the charter of territorial public self-government.

The results of the citizens' meeting are subject to official publication (publication).

Citizens' Conference (meeting of delegates).

In accordance with Art. 30 of the Federal Law "On the general principles of organizing local self-government in the Russian Federation" in cases provided for by the charter of a municipal entity and (or) regulatory legal acts of a representative body, the charter of territorial public self-government, the powers of a citizens' meeting can be exercised by a citizens' conference (meeting of delegates).

The procedure for appointing and holding a citizens' conference (meeting of delegates), and electing delegates is determined by the charter of the municipal entity and (or) regulatory legal acts of the representative body, the charter of territorial public self-government.

The results of the citizens' conference (meeting of delegates) are subject to official publication (publication).

Citizen survey

The citizen survey is carried out on the initiative of:

representative body or head of a municipality - on issues of local importance;

The procedure for considering citizens' appeals to local government bodies is established in Federal Law No. 59-FZ of May 2, 2006 "On the procedure for considering appeals from citizens of the Russian Federation." According to this Federal Law:

a citizen's appeal is a written proposal, statement or complaint sent to a state body, local government body or official, as well as an oral appeal of a citizen to a state body, local government body;
a proposal is a citizen’s recommendation for improving laws and other regulatory legal acts, the activities of state bodies and local governments, developing public relations, improving socio-economic and other areas of activity of the state and society;
a statement is a citizen’s request for assistance in the implementation of his constitutional rights and freedoms or the constitutional rights and freedoms of other persons, or a message about violations of laws and other regulatory legal acts, shortcomings in the work of state bodies, local governments and officials, or criticism of the activities of these bodies and officials;
a complaint is a citizen’s request for restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons.

When considering an appeal by a local government body or an official, a citizen has the right:

submit additional documents and materials or apply for their request;
get acquainted with documents and materials related to the consideration of the application, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information constituting a state or other secret protected by federal law;
receive a written response on the merits of the issues raised in the appeal, with the exception of cases specified in the Federal Law "On the procedure for considering appeals from citizens of the Russian Federation", notification of forwarding a written appeal to a state body, local government body or official whose competence includes resolving the issues raised in addressing questions;
file a complaint against a decision made on an appeal or against an action (inaction) in connection with the consideration of an appeal in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation;
apply for termination of consideration of the appeal.

A citizen in his written appeal must indicate either the name of the local government body to which he is sending a written appeal, or the surname, first name, patronymic of the relevant official, or the position of the relevant person, as well as his surname, first name, patronymic, postal address to which a response must be sent, a notice of redirection of the appeal, sets out the essence of the proposal, statement or complaint, puts a personal signature and date.

An appeal received by a local government body or official in accordance with their competence is subject to mandatory consideration. If necessary, the local government body or official considering the appeal can ensure its consideration on-site.

Local government body or official:

provide an objective, comprehensive and timely consideration of the appeal, if necessary - with the participation of the citizen who sent the appeal;
request documents and materials necessary for consideration of the appeal from other state bodies, local government bodies and other officials, with the exception of courts, inquiry bodies and preliminary investigation bodies;
take measures aimed at restoring or protecting violated rights, freedoms and legitimate interests of a citizen;
give a written answer on the merits of the questions raised in the appeal, with the exception of cases specified in the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation”;
notify the citizen about sending his appeal for consideration to another state body, local government body or other official in accordance with their competence.

As a general rule, a written appeal received by a local government body or an official in accordance with their competence is considered within one month from the date of registration of the written appeal.

Personal reception of citizens in local government bodies is carried out by their leaders and authorized persons. Information about the place of reception, as well as the days and hours established for reception, is brought to the attention of citizens.

A citizen, by a court decision, has the right to compensation for losses and compensation for moral damage caused by the illegal action (inaction) of a local government body or official when considering an appeal. If a citizen has provided knowingly false information in his appeal, expenses incurred in connection with the consideration of the appeal by a local government body or official may be recovered from this citizen by a court decision.

Other forms of direct implementation by the population of local self-government and participation in its implementation

Along with the forms of direct implementation by the population of local self-government and participation of the population in the implementation of local self-government discussed above, citizens have the right to participate in the implementation of local self-government in other forms that do not contradict the Constitution of the Russian Federation, federal and regional laws.

Article 31 of the Constitution of the Russian Federation establishes the right of Russian citizens to assemble peacefully, without weapons, to hold meetings, rallies and demonstrations, processions and picketing. Since the late 80s. last century, as society democratized, citizens used this form of political protest independently, without the authorities and against the authorities. The legislative framework for holding public events is outlined in Federal Law No. 54-FZ of June 19, 2004 “On meetings, rallies, demonstrations, processions and picketing.”

A public event is an open, peaceful, accessible to everyone, held in the form of a meeting, rally, demonstration, procession or picketing, or in various combinations of these forms, an action carried out on the initiative of citizens of the Russian Federation, political parties, other public associations and religious associations. The purpose of the public event is to freely express and form opinions, as well as put forward demands on various issues of the political, economic, social and cultural life of the country and foreign policy issues.

As the name of the Federal Law “On Meetings, Rallies, Demonstrations, Processions and Pickets” suggests, it regulates five types of public events. They differ in the method of conducting and the number of participants. The types of public events are specified in Art. 2 of this Federal Law.

A rally is a mass presence of citizens in a certain place for the public expression of public opinion on current problems of a predominantly socio-political nature. As a rule, at a rally an appeal is made with a certain demand to the authorities or an appeal to citizens.

A demonstration is an organized public expression of public sentiment by a group of citizens using posters, banners and other means of visual propaganda while moving. The demonstration may begin or end with a rally. Sometimes a demonstration can be “sedentary” - the participants do not move, but sit en masse in a crowded place. Recently, some countries have begun to hold “standing” demonstrations: demonstrators, holding hands, form a ring around an object or a continuous line, usually along a highway, sometimes for tens or hundreds of kilometers.

A procession is a mass passage of citizens along a predetermined route in order to attract attention to any problems. A variety of processions are marches - processions through many settlements, across the entire country or several countries. Processions and marches usually involve people who have previously organized themselves.

Picketing is a form of public expression of opinions carried out without movement or the use of sound-amplifying technical means by placing one or more citizens at the picketed object using posters, banners and other means of visual propaganda.

A special type of picket is a tent city, which exists for a more or less long time.

A meeting is the joint presence of citizens in a specially designated or adapted place for a collective discussion of any socially significant issues. Note that such a legislative definition of an assembly can be considered as a generic concept for all events with more than three participants. But not all meetings are of a public nature, which, in our opinion, unduly expands the range of legal relations regulated by the Federal Law “On Meetings, Rallies, Demonstrations, Processions and Picketing”, most of which are not the subject of this Law. Such shortcomings of the Federal Law “On Meetings, Rallies, Demonstrations, Processions and Picketing” often mislead citizens who want to hold any kind of meeting, including for the implementation of local self-government. Therefore, it is necessary to take into account that the Federal Law “On Meetings, Rallies, Demonstrations, Processions and Picketing” regulates the procedure for convening and holding a meeting of citizens as a public event, and the Federal Law “On General Principles of the Organization of Local Self-Government in the Russian Federation” in Art. 29 establishes the procedure for citizens of the Russian Federation to exercise their right to local self-government in the form of direct expression of will. At the same time, the concept of “meeting” in these Federal laws has a different legal nature, as, in fact, do the legal consequences of the decisions made at these meetings.

Information openness for citizens of local government bodies is also important for the participation of the population in the implementation of local self-government. It seems that at present this is one of the most relevant and effective channels of interaction between citizens and local governments. The Constitution of the Russian Federation (Part 2, Article 24) establishes that everyone is given the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms. Thus, citizens, when seeking information about decisions of public authorities, exercise their constitutional right, and state authorities and local governments are obliged to provide such information. Therefore, it is the duty of the state to establish legal guarantees for the exercise of this right. A number of federal laws (for example, “On Information, Information Technologies and Information Protection”) and decrees of the President of the Russian Federation contain separate provisions aimed at implementing this right. However, they mainly regulate the relationships that arise in the formation and use of information resources and in the protection of information. And there are practically no provisions regulating the procedure for obtaining information about decisions of public authorities, including local government bodies. Therefore, it must be stated that the actual mechanism for providing information about decisions of public authorities is insufficiently developed.

Providing information on decisions of local government bodies can be carried out in the following main ways:

publication of information about decisions made by local government bodies;
ensuring access for citizens to meetings of local government bodies;
ensuring direct access to documents and materials in local government bodies;
provision of documents and materials from local governments based on a request.

Let's consider these methods in more detail.

Publication of information about decisions made by local government bodies.

The main way to make public information about decisions made by local governments is to publish this information in the media.

It must be borne in mind that any regulatory legal acts of local government bodies affecting the rights, freedoms and responsibilities of individuals and citizens must be officially published for public information. In case of violation of this rule, normative legal acts affecting the rights, freedoms and obligations of man and citizen cannot be applied (Part 3 of Article 15 of the Constitution of the Russian Federation).

Informing citizens by local government bodies about decisions made can be carried out through the publication of information:

on the assumption of office or resignation of heads of local government bodies;
on the adoption and implementation of the local budget, establishing and changing the rates and procedure for paying taxes and fees, utility and other payments in the manner established respectively by the budget and tax legislation of the Russian Federation;
on the adoption of legal acts on the management of property objects owned by the municipality;
on concluding agreements;
on measures taken to eliminate emergency incidents that threaten the life and health of people.

Also, in order to provide information on the results of the work of local self-government bodies, it is advisable for their leaders to ensure the preparation and publication in the media of an annual report on the results of the activities of the bodies they head.

Ensuring citizens' access to meetings of local government bodies. Citizens should be given a real right not only to get acquainted with the “final product” - decisions of local governments, but also to have all the necessary information at the stages associated with the development of any decision. This can be achieved through the direct presence of citizens at a meeting of the relevant local government body. Such direct presence of citizens will also make it possible to implement in practice publicity and openness of the meeting of the relevant body. At the same time, the relevant local government bodies must inform citizens in advance of the agenda and time of their meeting. Of course, citizens’ access to meetings of government bodies cannot be absolutely free for a number of reasons. Sometimes this is simply due to the inability to accommodate a significant number of applicants. It should also be borne in mind that citizens are unlikely to be able to take part in a closed meeting. However, the conditions for holding such meetings should not be determined arbitrarily. They must be enshrined at least in the regulations of the relevant body, and even better - in the charter of the municipality. In any case, the decision to hold a meeting behind closed doors must be available for review and explained in detail with references to specific legal norms that served as the basis for restricting public access to a meeting of a local government body.

Providing direct access to documents and materials in local government bodies. Direct access to documents and materials of local government bodies can be provided through:

funds of official information of local government bodies (formed on the basis of official documents and materials of local government bodies, collections of information located in the relevant body, library, archive or on the website of the municipal body on the Internet);
library and archival collections of official information;
information resources operating on the basis of Internet technologies.

Particular attention should be paid to the possibilities of maximizing the use of the Internet in the work of local governments to inform citizens about the decisions they make (of course, if the municipality has the appropriate technical capabilities). For these purposes, information about decisions of local government bodies should be posted on the website of the relevant body or municipal entity on the Internet for open access.

On the websites of representative bodies of municipalities, draft regulatory legal acts and voting results at meetings of this body, with the exception of secret voting, must be posted for open access. In addition, deputies of a representative body must have the right to use the website of the relevant body to post publicly available information on the Internet regarding issues of their activities, including voting results.

Providing documents and materials from local governments based on a request. In order for information to be truly accessible, a citizen must be able to demand that information about decisions of local government bodies be provided to him in a form that actually exists and is convenient for him personally. In many ways, this right has something in common with the right to appeal that we discussed above. However, it should be taken into account that the right to appeal follows from Art. 33 of the Constitution of the Russian Federation, and the obligation of local government bodies to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms is provided for in Part 2 of Art. 24 of the Constitution of the Russian Federation.

Requests for information may be addressed to local authorities in the form:

personal oral appeal, appeal to the helpline of the relevant authority;
a written request delivered by mail or personal delivery;
text messages transmitted via telecommunications channels (e-mail, fax).

It is advisable to give a response to a request in the same form in which the request was received, or in another form convenient for citizens. Thus, when an interested person personally orally requests information or contacts by telephone, the relevant information must be provided orally. It should be noted that the responsibilities of the local government body receiving the request should be limited to searching for an existing document. He is not required to select information that he does not have. The local government body is also not required to conduct research or analytical work to satisfy the request.

Persons requesting information must apply for existing documents. In order to obtain the required information, requests must be carefully formulated. To help citizens, local governments should develop sample requests.

It should be taken into account that on January 1, 2010, the Federal Law “On Ensuring Access to Information on the Activities of State Bodies and Local Self-Government Bodies” will come into force, which legally regulates the issues discussed above.

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