International legal acts in municipal law. Anglo-Saxon municipal system

Municipal law as complex industry rights have their own sources. For the branch of law located on initial stage development, this issue becomes special meaning. IN general theory rights as sources of law in legal sense the forms through which the will of the state and the people becomes a legal norm are considered.

Municipal legal norms arise at the will of the state and are embodied in normative legal acts adopted by the authorities state power; in addition, such norms appear, with the general permission of the state, at the will of the population municipality, organs local government.

Complex nature municipal law, special character the subject of regulation and decentralization of regulation predetermine the characteristics of the sources, their nature and content. But in any case, the result of rule-making is a normative legal act in one of the forms provided for in the state.

An analysis of the sources of municipal law can be given as in in general terms, and in relation to their current state in the Russian Federation, as well as by levels of regulation. Therefore, in the textbook we refer several times to the normative basis of local self-government. This paragraph only suggests general review possible sources municipal law. In more detail legal framework modern local government in the Russian Federation is covered in § 3 of Chapter. 5 textbooks. And taking into account the important role of municipal lawmaking, its features are revealed in Chapter. 13.

general characteristics sources of municipal law

1. The sources of municipal law are primarily regulatory legal acts; they can be at three levels: the Constitution of the Russian Federation, federal constitutional laws, federal laws, other federal sources; constitutions, charters of constituent entities of the Russian Federation, laws and other sources of law of constituent entities of the Russian Federation; municipal regulatory legal acts.

The federal level of sources of municipal law covers a variety of acts.

The top of the system of sources of municipal law is the Constitution of the Russian Federation. The legal regulation of local self-government in the Constitution of the Russian Federation is of a unique nature. So full constitutional regulation not in the constitutions of other modern federal states. In the Basic Law of Russia, 19 articles in one way or another mention local self-government or local government bodies; they are found in Chapter. 1 "Basics" constitutional order" (Part 2, Article 3; Part 2, Article 8; Part 2, Article 9; Article 12; Part 2, Article 15), Chapter 2 “Rights and freedoms of man and citizen” (Article 18 ; part 2, article 32; part 2 and 3, article 41; .46), ch. 3 " Federal structure"(Part 2 of Article 68; Clause "n" Part 1 of Article 72) and Chapter 8 "Local self-government" (Articles 130-133). The Constitution of the Russian Federation establishes the political and legal nature of local self-government, its basic principles organizations and activities, guarantees of the rights of local self-government, the main institutions of municipal legal significance, the fundamental rights of citizens, including those implemented in the field of local self-government.

In contrast to the practice that has developed in most modern foreign federal states, where problems of local self-government are the subject of jurisdiction of the constituent entities of the Russian Federation, in Russia, in accordance with paragraph “n” of Part 1 of Art. 72 of the Constitution of the Russian Federation “the establishment of general principles for organizing the system of state authorities and local self-government” is referred to joint management Russian Federation and its subjects. This allows a number of scientists to conclude that in the Russian Federation local self-government, being one of the foundations of the constitutional system, can also act as the basis for federal relations.

An important part normative legal system The Russian Federation are federal constitutional laws. It must be said that there is no act of this group entirely devoted to local self-government. However, in some federal constitutional laws there are separate norms addressing it, for example, in the Federal Constitutional Laws of 2004 “On the Referendum of the Russian Federation”, 2001 “On state of emergency", 2001 "On the procedure for admission to the Russian Federation and the formation of a new subject of the Russian Federation within it", etc.

The most common federal source rights are provided by federal laws. For convenience, two groups of federal laws can be distinguished:

a) directly devoted to issues of organization and activities of local self-government (first of all, this is the basic Federal Law of 2003 “On general principles organization of local self-government in the Russian Federation", as well as a number of laws with the same target orientation - for example, the Federal Law of 2007 "On municipal service In Russian federation");

b) federal laws and codes regulating public relations various fields and to a certain, sometimes even significant extent, related to local self-government (there are many such acts; for example, let’s name the Federal Law of 2002 “On Basic Guarantees voting rights and the right to participate in a referendum of citizens of the Russian Federation", tax code RF, Budget Code RF, Town Planning Code RF).

Sources of municipal law can be federal regulations- decrees of the President of the Russian Federation (for example, dated October 15, 1999 “On approval of the main provisions public policy in the field of development of local self-government in the Russian Federation"), acts of the chambers Federal Assembly RF (at one time such a source was the resolution State Duma Federal Assembly of June 10, 1994 "On ensuring the constitutional rights of the population to local self-government in normative legal acts subjects of the Russian Federation"), resolutions of the Government of the Russian Federation (for example, adopted in order to implement laws on federal budget, relevant presidential decrees in the region state support local government). Defined value as sources have separate regulatory legal acts of industry federal bodies executive power.

The second level of sources of municipal law covers acts of constituent entities of the Russian Federation.

It must be said that the Federal Law of 1995 “On the General Principles of the Organization of Local Self-Government in the Russian Federation” was largely frame character, which means that it assumed that each subject of the Russian Federation would adopt its own law on local self-government. This is how it happened in practice.

The Federal Law of 2003, which replaced it, with a similar name, regulates many types of public relations in the sphere of local self-government much more fully and more imperatively, i.e. its norms are aimed at direct action. But regulation at the level of constituent entities of the Russian Federation is not excluded. Another thing is whether it should be as complete and wide as before, in the form common law subject of the Russian Federation on local self-government or a more concise, compact law with the title, for example, “On the peculiarities of the organization of local self-government” in given subject RF.

The third level of sources of municipal law is formed by municipal regulatory legal acts.

Despite the improvement of federal legislation and the legislation of constituent entities of the Russian Federation on local self-government, the important role of this level of sources remains. As already mentioned when characterizing the methods of municipal- legal regulation, the state allows local rulemaking as part of regulatory framework local government. Let us add to this that the presence of municipal rule-making is due to a number of factors.

Firstly, local self-government as a self-organized system must have its own regulations, which formalize this self-organization, and the main ones are of a constituent nature (charters of municipalities).

Secondly, the state may deliberately not regulate certain social relations by its acts, limit itself to establishing their foundations, and transfer detailed regulation to the municipal level.

Third, municipal lawmaking due to the presence local peculiarities, which can be reflected in regulations specific municipalities.

The system of municipal legal acts includes: the charter of the municipality; regulatory legal acts adopted at a local referendum (gathering of citizens); regulatory legal acts of the representative body of the municipality; regulatory legal acts of the head of the municipality, resolutions and orders of the head local administration, other local government bodies provided for by the charter of the municipality.

2. In accordance with Part 4 of Art. 15 of the Constitution of the Russian Federation Russia recognizes integral part its legal system generally accepted principles and norms international law and international treaties of the Russian Federation. If international treaty The Russian Federation has established rules different from those provided by law, then the rules of the international treaty apply. The above means that our sources of municipal law can also be international treaties, agreements, conventions, charters, and other international legal acts signed by the Russian Federation.

The most important document of this kind in the field of local self-government is the European Charter of Local Self-Government, adopted by the Council Europe on October 15, 1985. Whereas the accession of the Russian Federation to the Council of Europe was associated with the ratification of the European Charter of Local Self-Government and the bringing Russian legislation in accordance with it, fundamental principles The charters were reflected in the Constitution of the Russian Federation and the Federal Law of 1995. Russian Federation signed the European Charter of Local Self-Government on February 28, 1996, and ratified on April 11, 1998 *(20)

The standard character, ideals and principles of municipal democracy were enshrined in the European Charter of Local Self-Government. According to the Charter:

The principle of local self-government should be recognized in the legislation of the country and, if possible, in the constitution of the country;

Local governments constitute one of the foundations of a democratic system;

The right of citizens to participate in government state affairs refer to the democratic principles common to all member states of the Council of Europe;

This right can be directly exercised precisely on local level;

The existence of local self-government bodies vested with real power ensures effective governance that is at the same time close to the citizen;

Protecting and strengthening local self-government represents a significant contribution to building a Europe based on democracy and decentralization of power;

All this presupposes the existence local authorities self-government created democratically, having broad autonomy in the area of ​​their competence, the procedure for its implementation and the means necessary for this * (21).

The sources of municipal law of an international legal nature include decisions of the Congress of Local and regional authorities Council of Europe and the Declaration on the Principles of Local Self-Government, adopted by the Interparliamentary Assembly of the CIS Member States.

3. In addition to regulations, sources of municipal law can be agreements between local governments (on behalf of municipalities) and state authorities, as well as municipal legal agreements concluded between local governments, if they contain, even partially, rules of law. Thus, the sources of municipal law are regulatory agreements.

4. Some authors include among the sources of municipal law legal traditions and customs, including those related to historical and other local traditions. This is a difficult question, just like the classification of traditions and customs as sources of law in general.

Traditions are more stable as rules of social consciousness and, as such, can give an even greater effect than legal norms if it turns out that legal regulation of the relevant relations is impossible, inappropriate and, moreover, still not able to fully cover public attitude. For example, in areas North Caucasus Before a local government body makes a decision, leaders and deputies often meet with elders and consult with them. This tradition has to some extent become a mandatory norm of behavior; It is precisely in the form of tradition that it is more effective and natural than as a legal norm.

As for customs, they are more similar to legal norms and most likely become sources of municipal law before the adoption of the necessary regulatory legal act. Existence legal custom as a permanent current norm, replacing the law, is hardly advisable, including at the municipal level.

For example, a number of decisions Constitutional Court The Russian Federation on issues of local self-government contains fundamental positions regarding its nature, organization and activities. N.S. Bondar notes that “the features legal nature And legal force The decisions of the Constitutional Court are determined not by whether it has law-making powers, but by the specifics of its own constitutional control powers. The legal positions of the Constitutional Court are of a mandatory nature... often have normativity and, accordingly, these provisions can be recognized as sources of law" * (22). There are quite a lot of decisions and rulings of the Constitutional Court of the Russian Federation devoted to issues of municipal law and being sources of municipal law (more details see § 3 of Chapter 5 of the textbook). Note that it was in the resolution of the Constitutional Court of the Russian Federation of January 24, 1997 that the nature of local government as one of the types was first clearly defined. public authority In Russian federation. Do without of this resolution It is simply unthinkable today for the Constitutional Court to characterize the sources of municipal law.

Often decisions of the Supreme Court of the Russian Federation play the same precedent role. For example, the 2003 Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” clearly did not take into account this option for the territorial reorganization of municipalities, when instead of internal division into rural and urban settlements, a municipal district is transformed into an urban district. The laws of some constituent entities of the Russian Federation provided for this (Kaliningrad region, Moscow region, etc.). The acts began to be contested. Having considered the relevant cases, Supreme Court came to the final conclusion that such a reorganization option was possible. This judicial precedent also became significant normative source for the practice of municipal construction.

Treaties and agreements in the field of local self-government

In Part 4 of Art. 8 of the Federal Law on Local Self-Government of 2003 provides for the existence of such a source of municipal law as contracts and agreements in the field of local self-government. These include contracts and agreements that can be concluded by local governments for the purpose of unification financial resources, material resources to resolve issues local significance, formation of intermunicipal associations, institutions business entities and other intermunicipal organizations.

In addition, local government bodies of individual settlements that are part of a municipal district have the right to enter into agreements with local government bodies of a municipal district on transferring to them the exercise of part of their powers at the expense of subventions provided from the budgets of these settlements to the budget of the municipal district.

A similar opportunity is provided to local governments of municipal districts. They have the right to enter into agreements with local governments of individual settlements that are part of the district on transferring to them the exercise of part of their powers at the expense of subventions provided from the budgets of the municipal district.

Treaties and agreements in force in the field of local self-government are promising form cooperation between authorities various levels. Consequently, with the expansion of the practice of their application, the role of such contracts and agreements as an element legal basis local government will increase.

The right of citizens to exercise local self-government is enshrined not only in domestic legislation, but also in international legal acts. Among international agreements in the field of local self-government, the most important role is played by the European Charter of Local Self-Government (hereinafter referred to as the Charter), adopted by the Council of Europe on October 15, 1985. Russia signed the Charter on February 28, 1996 and ratified it Federal law dated April 11, 1998 No. 55-FZ. From this moment on, the Charter becomes a source Russian law, which is determined by Part 4 of Art. 15 of the Constitution of the Russian Federation: “ Generally Recognized Principles and the norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply.”

Since 1988, signing the Charter has been a condition for joining the Council of Europe. However, so far the document has either not been signed, or signed with reservations, or not ratified at all by such states as France, Belgium, the Netherlands, Austria, and Denmark.

The Charter contains European standards for the development of local self-government. The basis of this document laid down the classical principle of subsidiarity, which was developed in the European social philosophy from the middle of the nineteenth century. The essence of the “subsidiary” philosophy is that political power may interfere in public affairs only strictly limited cases when society itself fails to cope with the assigned management tasks. Thus, organs are more high level authorities are obliged to help the authorities lower level, carry out your tasks. In the Charter itself, the concept of subsidiarity is formulated as follows: “The implementation state powers, as a rule, should be primarily entrusted to the authorities closest to the citizens.”

According to Russian researcher local government A.N. Dementyev, “the articles of the Charter can be conditionally classified into two groups of principles. The first group is principles establishing provisions local authorities in the system of organization of public power in the state. - European Charter of Local Self-Government. opened for signature on October 15, 1985. The second group includes principles establishing requirements for the procedure for forming and organizing internal activities institutions of local self-government." Thus, “the first group of principles is formulated based on the principles of decentralization of power and local autonomy. The second specifies the principles of the democratic structure and functioning of public authority in relation to local self-government.”

The European Charter of Local Self-Government consists of a preamble and three parts. The preamble emphasizes important local self-government in the system of democratic values. Based on this, in the introduction local self-government is considered as the basis of a democratic system. In addition, the goals of local self-government are declared and formulated: ensuring local government bodies effective management that meets the needs of citizens.

Part one of the Charter reveals the concept of local self-government, defines the areas of its competence, guarantees and mechanisms for legal protection of local self-government, methods of monitoring its activities and sources of financing.

Part two of the Charter establishes the obligations of the states that have signed it.

Part three of the Charter explains some issues regarding its signing, ratification and entry into force.

To international legal documents regulating local self-government also includes the Declaration on the principles of local self-government in the member states of the Commonwealth, adopted by the Interparliamentary Assembly of the CIS member states on October 29, 1994.

In addition to the Charter, individual issues the activities of local governments are also regulated by other international legal acts: the Universal Declaration of Human Rights (1948), the Pact on Social and economic rights and the Pact on Political and civil rights(1966). However, these documents have an indirect rather than a direct impact on the functioning of local governments in Europe.

The European Declaration of Urban Rights (adopted by the permanent conference of local and regional bodies European authorities in 1992) and the European Urban Charter (adopted pursuant to the European Declaration of Urban Rights and giving them normative content). The European Urban Charter states that the city is now increasingly identified with the concept of the municipality as an autonomous administrative unit formed by a community of residents with specific interests, as a population center with organized construction, public services and its own administration.

To solve international legal problems of the development of local self-government in Europe, it was created special body- Congress of Local and Regional Bodies, which is part of the structure of the Council of Europe. The Congress consists of two chambers: the Chamber of Local Authorities and the Chamber of Regions. Congress is an advisory body, and its decisions are advisory in nature. The Russian Federation has been a member of the Council of Europe since 1996 and since that time has been participating in the work of the Congress.

Conclusion

In conclusion, I would like to draw conclusions on this work and consideration of the tasks posed in it.

First, I would like to note that municipal law is regulated in the Russian Federation quite modern system legislation. But nevertheless, authorities must constantly introduce something new to improve the efficiency of local government.

Next, regarding federal level sources of local government. The 1993 Constitution of the Russian Federation established local self-government as one of the foundations of the constitutional system of the Russian Federation. It also contains general principles of construction and operation municipal authorities, uniform for the entire system of local self-government in the Russian Federation, and also consolidates state guarantees implementation of local self-government. The basic federal law regulating the activities of local self-government in the Russian Federation is the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, dated October 6, 2003 No. 131. The Federal Law on Local Self-Government of 2003 significantly changed the concept of local self-government .

At the level of constituent entities of the Russian Federation general issues regulations of local self-government are usually reflected in their constitutions and charters, as well as special laws about local self-government.

The system of municipal legal acts consists of the charters of the municipality, decisions applied through the direct expression of the will of citizens, acts of the representative body, the head of the municipality, other bodies and officials.

The Federal Law “On General Principles of the Organization of Local Self-Government” of October 6, 2003 No. 131 provides for the presence of such a source of municipal law as contracts and agreements in the field of local self-government.

The legal basis of local self-government also consists of decisions and legal positions of the Constitutional Court of the Russian Federation, acts of justice containing legal positions and normative interpretation on issues of organizing local self-government.

And it should also be noted that the Russian Federation complies with the norms prescribed by international acts regulating municipal - legal relations. This is one of the constituent elements legislative framework in Russia, because Cooperation with the international community is a very important component of Russian legislation.

List of used literature

Sources

Regulations

1. The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993 (with amendments and additions) // Russian newspaper dated December 25, 1993 N 237 – Collection of legislation of the Russian Federation dated January 26, 2009 N 4 art. 445

2. Land Code Russian Federation: Code of Russian Federation. Federation dated October 25, 2001 No. 136-FZ (as amended on December 29, 2010). Art. 345

3. On the general principles of organizing local self-government in the Russian Federation: Feder. Russian law Federation dated October 6, 2003 No. 131 - Federal Law (as amended on November 29, 2010). Article 265

4. About municipal service: Feder. Law of Russia Federation dated March 2, 2007 No. 25-FZ ( current edition). Article 238

5. On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation: Feder. Law of Russia Federation of June 12, 2002 No. 67 - Federal Law. Article 378

Literature

1. Avtonomov A.S. Legal and financial foundations of self-government of the Russian Federation. / A.S. Avtonomov - M.: MZ Press., 2002, article 274.

2. Vasiliev V.I. Legislative basis municipal reform. / IN AND. Vasilyev - M.: “Formula of Law”, 2005 art. 524.

3. Volkova N.S. Legal positions of the Constitutional Court of the Russian Federation and parliament. / N.S. Volkova, T.Ya. Khabrieva - M.: Norma, 2005. Art. 364

4. Dementiev A.N. Local self-government as one of the levels of public authority // Center - regions - local self-government / Ed. G.M. Luchterhandt-Mikhaleva and S.I. Ryzhenkova. - M.: St. Petersburg: IGPI: Summer Garden, 2001. Art. 324

5. Ignatyuk N.A. “Municipal law: a textbook for universities” / N.A. Ignatyuk, A.A. Zamotaev, A.V. Pavlushkin - M.: Legal House "Justitsinform", Publishing House "BALANCE", 2006 art. 240

6. Kokotov A.N. Municipal law of Russia: a textbook for higher education students educational institutions. / A.N. Kokotov, A.S. Salomatkin. - M.: Yurist, 2005. Art. 260

7. Kudinov O.A. Municipal law of the Russian Federation. (Educational and practical village) / O.A. Kudinov. - M.: MESI, 2003. Art. 342

8. Kutafin O. E. Municipal law of the Russian Federation: textbook. -- 3rd ed., revised. and additional / O. E. Kutafin, V. I. Fadeev - M.: TK Welby, Prospekt Publishing House, 2006. art. 672

9. Marchenko M.N. Sources of law: Textbook. allowance. / M.N. Marchenko M.: TK Welby, Prospekt Publishing House, 2005 art. 234

10. Ovchinnikov I.I. Municipal law of Russia: Textbook. / I.I. Ovchinnikov, A.N. Pisarev --M.: Eksmo, 2007 art. 325

11. Peshin N.L. State power and local self-government in Russia: problems of development of the constitutional and legal model. / N.L. Peshin - M.: Statute, 2007 art. 245

12. Salikov M.S. Constitutional trial: Textbook for universities / Rep. ed. Doctor of Law, Prof. M.S. Salikov. - M.: Publishing house NORMA, 2003 Art. 320

13. Sergeev A.A. Local self-government in the Russian Federation: problems of legal regulation. / A.A. Sergeev - M.: TK Welby, Prospekt Publishing House, 2006 art. 278

14. Channov S.E. Municipal law. / S.E. Channov - M.: Yurayt-Izdat, 2006 art. 360

15. Chikhladze L.T. Legal foundations of local self-government in foreign countries // Contemporary issues economics and politics, law and psychology, education and science. Sat. scientific MIEMP articles. Part 1. / L.T. Chikhladze - M.: MIEMP. 2007 Art. 220

Avtonomov A.S. Legal and financial foundations of self-government of the Russian Federation. - M., 2002. - P. 21 - 32

Vasiliev V.I. Legislative basis of municipal reform. - M.: “Formula of Law”, 2005. P. 64 - 69.

Volkova N.S. Legal positions of the Constitutional Court of the Russian Federation and parliament. / N.S. Volkova, T.Ya. Khabrieva - M.: Norma, 2005. pp. 78 - 81

Channov S.E. Municipal law. / S.E. Channov - M.: Yurayt-Izdat, 2006, pp. 57 - 90.

Peshin N.L. State power and local self-government in Russia: problems of development of the constitutional and legal model. / N.L. Peshin - M.: Statute, 2007, pp. 28 - 39.

Ovchinnikov I.I. Municipal law of Russia: Textbook. / I.I. Ovchinnikov, A.N. Pisarev --M.: Eksmo, 2007, pp. 69 - 74.

Volkova N.S. Legal positions of the Constitutional Court of the Russian Federation and parliament. / N.S. Volkova, T.Ya. Khabrieva - M.: Norma, 2005. pp. 78 - 81.

Dementiev A.N. Local self-government as one of the levels of public authority // Center - regions - local self-government / Ed. G.M. Luchterhandt-Mikhaleva and S.I. Ryzhenkova. - M.: St. Petersburg: IGPI: Summer Garden, 2001. pp. 23 - 30.

Sergeev A.A. Local self-government in the Russian Federation: problems of legal regulation. / A.A. Sergeev - M.: TK Welby, Prospekt Publishing House, 2006, pp. 121 - 157.

The main international source of MP is European IC Charter, adopted by the Council of Europe on October 15, 1985. In the Russian Federation, the Charter was ratified on April 11, 1998 (Federal Law “On the ratification of the European Charter of International Relations” // “Ross. Gaz.” dated April 15, 1998). The Charter consists of a preamble, 3 parts and 18 articles. The preamble states the main goals and underlying ideas. The main one is that the MS organs constitute one of the foundations of any democratic state. The right to ICJ can be exercised at the local level. Each party joining the Charter must comply with at least 20 points of Part 1 of the Charter. It is imperative that each party comply with the provisions of the Charter regarding

recognition of the MS principle,

the rights of the ICJ and its implementation through free, secret, equal, direct and universal voting, o

full freedom of action of the MC bodies,

on the protection of territorial boundaries of the MC bodies,

O financial independence MS organs,

on the right of MC bodies to unite,

O legal protection MS and several others.

The Charter establishes that, in addition to elected bodies, the MC is carried out through forms of direct participation of citizens. Important role play the provisions of the Charter on the general principles of state policy in relation to the bodies of the IC.

Charter of the municipality

1. The concept of the Charter of a municipal entity, its characteristics and meaning

The main regulatory legal act of the Moscow Region is its Charter.

It is largely intended to detail and specify everything related to the organizational and legal status of the Moscow Region.

Features of the MO Charter:

1. obligation

Article 8 of the Federal Law “On General Principles...” obliges all MOs to have their own Charter.

2. Article 4 of the Project calls the Charter of the Moscow Region one of the elements of the legal basis of the IC.

supreme legal authority

3. Other IPAs should not contradict the Charter of the Moscow Region.

4. The charter has the highest legal force only on the territory of a specific municipal entity.

5. direct effect means that the provisions of the Charter apply directly.

The Charter applies only in the territory of a specific municipality special subject of adoption of the Charter In accordance with Article 8 “On General Principles...” The Charter can be adopted either

representative body

MS, or the population directly. That. The charter is adopted directly by the population or on behalf of the population. In accordance with

The Charter can be called a kind of “small constitution” on the territory of the Moscow Region.

However, the Charter itself should not contradict the Constitution of the Russian Federation, federal legislation, constitutions (charters) of the constituent entities and the legislation of the constituent entities.

2. Contents of the Charter of the municipality

The main issues that should be contained in the Charter are outlined in Article 8 of the law “On General Principles...”. There are 14 mandatory provisions; They relate to the elements from which the status of the Moscow Region is formed (there are 10 of them in the Project). Each of the provisions is imperative, since it must certainly be contained in the Charter. However, the list of issues regulated by the Charter is not exhaustive. The provisions of the Charter may establish other provisions that relate to issues of local importance, the distribution of functions within the structure of the MC, etc. The level of detail of issues in the Charters of the MC may not be the same; some of them may be set out in

general form

1. , creating the field for more specific acts.

Issues that should be contained in the Charter of the Moscow Region can be divided into several groups:

2. name, territory, borders, symbols.

3. If a municipality includes territorial entities that are not municipal (districts, cities), they must all be listed in the Charter. issues of local importance falling within the jurisdiction of the relevant municipality, forms, procedures and guarantees for the direct implementation by the population of a specific MO MS on their territory. These include: elections, referendums, meetings and gatherings of citizens, polls public opinion

4. public hearings and so on. types, name, order of education, powers, terms and

5. forms of activity

6. , legal acts of elected and other bodies and officials of the MS

7. grounds and types of responsibility of bodies and officials of the MS (including the procedure for recalling elected officials of the MS) MC guarantees in the territory of a specific MO economic and financial basis implementation of MS. List of objects owned by the population.

The procedure for managing municipal property. Specific sources financial resources MO. The importance of these two acts of the justice authorities lies not only in the fact that they recognized and confirmed the inconsistency contains legal positions and regulatory interpretations that served as the basis for fundamental changes in all Moscow legislation in the field of local self-government. These include:

· the features of local self-government enshrined in federal legislation for the cities of Moscow and St. Petersburg in no way cancel out such general principles in the Russian Federation as the presence of elected bodies of local self-government; a ban on the exercise of local self-government by state authorities, the appointment or dismissal of local government officials by them; independent determination by the population of the structure of local government bodies;

population of cities federal significance Moscow and St. Petersburg cannot be limited in the implementation of their constitutional law for the implementation of local self-government;

· exercise of powers of local self-government by public authorities of Moscow as a subject of the Russian Federation in the form of combination legal status state authorities and local governments is illegal;

· the right of residents of the city of Moscow to exercise local self-government is not a feature of the legal status of the city of Moscow, arising from the Law of the Russian Federation “On the status of the capital of the Russian Federation” dated April 15, 1993 No. 4802-1, and therefore should be exercised on the basis of federal legislation about local self-government;

· the peculiarities of the legal status of the city of Moscow as the capital of the Russian Federation and a city of federal significance cannot provide for the exercise of powers of local government in the city of Moscow by the mayor of the city of Moscow and the Moscow City Duma;

· federal legislation on local self-government in the territory of Moscow is valid without any restrictions.

3.2 Treaties and agreements in the field of local government

In Part 4 of Art. 8 of the Federal Law on Local Self-Government of 2003 provides for the existence of such a source of municipal law as contracts and agreements in the field of local self-government. These include contracts and agreements that can be concluded by local governments in order to pool financial resources, material resources to resolve issues of local importance, form intermunicipal associations, establish business societies and other intermunicipal organizations.

In addition, local government bodies of individual settlements that are part of a municipal district have the right to enter into agreements with local government bodies of a municipal district on transferring to them the exercise of part of their powers at the expense of subventions provided from the budgets of these settlements to the budget of the municipal district.

A similar opportunity is provided to local governments of municipal districts. They have the right to enter into agreements with local governments of individual settlements that are part of the district on transferring to them the exercise of part of their powers at the expense of subventions provided from the budgets of the municipal district.

Treaties and agreements in force in the field of local self-government are a promising form of cooperation between authorities at various levels. Consequently, with the expansion of the practice of their application, the role of such contracts and agreements as an element of the legal basis of local self-government will increase.

3.3 International legal acts as sources of municipal law in Russia

The right of citizens to exercise local self-government is enshrined not only in domestic legislation, but also in international legal acts. Among international agreements in the field of local self-government, the most important role is played by the European Charter on Local Self-Government (hereinafter referred to as the Charter), adopted by the Council of Europe on October 15, 1985. Russia signed the Charter on February 28, 1996 and ratified it by Federal Law of April 11, 1998 No. 55- Federal Law. From this moment on, the Charter becomes the source of Russian law, as determined by Part 4 of Art. 15 of the Constitution of the Russian Federation: “Generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply.”

Since 1988, signing the Charter has been a condition for joining the Council of Europe. However, so far the document has either not been signed, or signed with reservations, or not ratified at all by such states as France, Belgium, the Netherlands, Austria, and Denmark.

The Charter contains European standards for the development of local self-government. This document is based on the classical principle of subsidiarity, which has been developed in European social philosophy since the mid-nineteenth century. The essence of the “subsidiary” philosophy is that political power can intervene in public affairs only in strictly limited cases, when society itself cannot cope with the assigned management tasks. Thus, higher-level authorities are obliged to help lower-level authorities fulfill their tasks. In the Charter itself, the concept of subsidiarity is formulated as follows: “The exercise of public powers should, as a rule, be primarily vested in the authorities closest to the citizens.”

According to Russian local government researcher A.N. Dementyev, “the articles of the Charter can be conditionally classified into two groups of principles. The first group is the principles establishing the provisions of local authorities in the system of organization of public authority in the state.

The second group includes principles that establish requirements for the procedure for the formation and organization of the internal activities of local government institutions.” Thus, “the first group of principles is formulated based on the principles of decentralization of power and local autonomy. The second specifies the principles of the democratic structure and functioning of public authority in relation to local self-government.”

Part one of the Charter reveals the concept of local self-government, defines the areas of its competence, guarantees and mechanisms for legal protection of local self-government, methods of monitoring its activities and sources of financing.

Part two of the Charter establishes the obligations of the states that have signed it.

Part three of the Charter explains some issues regarding its signing, ratification and entry into force.

The European Charter of Local Self-Government consists of a preamble and three parts. The preamble emphasizes the importance of local self-government in the system of democratic values. Based on this, in the introduction local self-government is considered as the basis of a democratic system. In addition, the goals of local self-government are declared and formulated: ensuring local government bodies have effective governance that meets the needs of citizens.

International legal documents regulating local self-government also include the Declaration on the Principles of Local Self-Government in the Commonwealth Member States, adopted by the Interparliamentary Assembly of the CIS Member States on October 29, 1994. In addition to the Charter, certain issues of the activities of local self-government bodies are regulated by other international legal acts: the Universal Declaration of Human Rights (1948), the Covenant on Social and Economic Rights and the Covenant on Political and Civil Rights (1966). However, these documents have an indirect rather than a direct impact on the functioning of local governments in Europe. Their main advantage lies in the indirect consolidation of the democratic right to local self-government. The term "local government" in the data international acts not used. For example, Universal Declaration human rights 1948 in part 1 of art. Article 21 states that “every person has the right to take part in the government of his country, directly or through freely chosen representatives.” Similar provisions are regulated in the Covenant on Political and Civil Rights of 1966. It seems that in governing one’s country and participating in the conduct of public affairs means participation in the management process at all levels of government, including in local government bodies.

The European Declaration of Urban Rights (adopted by the Permanent Conference of Local and Regional Authorities of Europe in 1992) and the European Urban Charter (adopted in pursuance of the provisions of the European Declaration of Urban Rights and giving them normative content) also play a regulatory role in the development of European standards of local self-government. The European Urban Charter states that the city is now increasingly identified with the concept of the municipality as an autonomous administrative unit formed by a community of residents with specific interests, as a population center with organized construction, public services and its own administration.

To solve international legal problems of the development of local self-government in Europe, a special body has been created - the Congress of Local and Regional Bodies, which is part of the structure of the Council of Europe. The Congress consists of two chambers: the Chamber of Local Authorities and the Chamber of Regions. Congress is an advisory body, and its decisions are advisory in nature. The Russian Federation has been a member of the Council of Europe since 1996 and since that time has been participating in the work of the Congress.

The main international source of MP is European IC Charter, adopted by the Council of Europe on October 15, 1985. In the Russian Federation, the Charter was ratified on April 11, 1998 (Federal Law “On the ratification of the European Charter of International Relations” // “Ross. Gaz.” dated April 15, 1998). The Charter consists of a preamble, 3 parts and 18 articles. The preamble states the main goals and underlying ideas. The main one is that the bodies of the ICJ constitute one of the foundations of any democratic state. The right to ICJ can be exercised at the local level. Each party joining the Charter must comply with at least 20 points of Part 1 of the Charter. It is imperative that each party comply with the provisions of the Charter regarding

recognition of the MS principle,

the rights of the ICJ and its implementation through free, secret, equal, direct and universal voting, o

full freedom of action of the MC bodies,

on the protection of territorial boundaries of the MC bodies,

on the financial independence of MS bodies,

on the right of MC bodies to unite,

on the legal protection of the ICJ and several others.

The Charter establishes that, in addition to elected bodies, the MC is carried out through forms of direct participation of citizens. An important role is played by the provisions of the Charter on the general principles of state policy in relation to the bodies of the ICJ.

Charter of the municipality

1. The concept of the Charter of a municipal entity, its characteristics and meaning

The main regulatory legal act of the Moscow Region is its Charter.

It is largely intended to detail and specify everything related to the organizational and legal status of the Moscow Region.

Features of the MO Charter:

1. obligation

Article 8 of the Federal Law “On General Principles...” obliges all MOs to have their own Charter.

2. Article 4 of the Project calls the Charter of the Moscow Region one of the elements of the legal basis of the IC.

supreme legal authority

3. Other IPAs should not contradict the Charter of the Moscow Region.

4. The charter has the highest legal force only on the territory of a specific municipal entity.

5. direct effect means that the provisions of the Charter apply directly.

In accordance with Article 8 “On General Principles...” The Charter can be adopted either by the representative body of the MS, or by the population directly.

representative body

According to the project Federal Law-a Charter The MO is adopted by the representative body of the ICJ. The exception is for settlements with less than 100 residents with voting rights, where the Charter is adopted by the population directly - at a citizens’ meeting.

The Charter can be called a kind of “small constitution” on the territory of the Moscow Region.

However, the Charter itself should not contradict the Constitution of the Russian Federation, federal legislation, constitutions (charters) of the constituent entities and the legislation of the constituent entities.

2. Contents of the Charter of the municipality

The main issues that should be contained in the Charter are outlined in Article 8 of the law “On General Principles...”. There are 14 mandatory provisions; They relate to the elements from which the status of the Moscow Region is formed (there are 10 of them in the Project). Each of the provisions is imperative, since it must certainly be contained in the Charter.

general form

1. , creating the field for more specific acts.

Issues that should be contained in the Charter of the Moscow Region can be divided into several groups:

2. name, territory, borders, symbols.

3. However, the list of issues regulated by the Charter is not exhaustive.

4. The provisions of the Charter may establish other provisions that relate to issues of local importance, the distribution of functions within the structure of the MC, etc. The level of detail of issues in the Charter of the MC may not be the same; some of them may be stated in a general form, creating a field for more specific acts.

5. forms of activity

6. , legal acts of elected and other bodies and officials of the MS

7. forms, procedures and guarantees for the direct implementation by the population of a specific MO MS on their territory. These include: elections, referendums, meetings and gatherings of citizens, public opinion polls, public hearings, etc.