Local issues and their distribution by levels of local government. Issues of local importance and their distribution by levels of local self-government Formulate the defining signs of a question of local importance

local issues- these are issues of direct support for the life of the population of the Moscow region, referred to as such by the charter in accordance with the legislation. Issues of local importance are regulated at the level of federal legislation, the legislation of the subjects, the charter and other legal acts of the IS, which concretize certain issues of local importance.

Local issues:

1. General municipal issues.

Adoption and amendment of statutes, control over their observance;

Ownership, use and disposal of municipal property;

Control over the use of land on the territory of the Moscow Region;

2. Security and Law Enforcement.

Public order protection;

3. Economy.

Local finance, the formation, approval and execution of the local budget, the establishment of local taxes and fees, the solution of other financial issues;

Integrated socio-economic development of the Moscow region;

Creation of conditions for providing the population with services of trade, public catering and consumer services

4. Housing and communal services.

Creation of conditions for housing and social and cultural construction;

Regulation of the planning and development of the territories of the Moscow region;

5. Environmental protection.

Improvement and gardening of the territory of the Moscow region;

Organization of utilization and processing of household waste;

6. Education.

Organization, maintenance and development of municipal institutions of preschool, general and vocational education;

Organization, maintenance and development of municipal health care institutions, ensuring the sanitary well-being of the population;

7. Culture.

Creation of conditions for the activities of cultural institutions in the municipality;

Preservation of monuments of history and culture, which are in municipal ownership.

8. Healthcare.

9. Physical culture and sports

Municipal road construction and maintenance of local roads;

Organization of transport services for the population and municipal institutions, providing the population with communication services;

Powers of the MS bodies. Content, legal basis

1) the adoption of the charter and the introduction of amendments and additions to it, the publication of municipal legal acts;

2) the establishment of official symbols;

3) the creation of municipal enterprises and institutions, the implementation of financial support for the activities of municipal government institutions and financial support for the fulfillment of the municipal task by budgetary and autonomous municipal institutions, as well as the procurement of goods, works, services to meet municipal needs;

4) organizational and logistical support for the preparation and conduct of municipal elections, local referendums, voting on recalling a deputy, a member of an elected body, an elected official, voting on changing borders, transforming the MO;

6) the adoption and organization of the implementation of plans and programs for the integrated socio-economic development of the Moscow region, as well as the organization of the collection of statistical indicators characterizing the state of the economy and social sphere of the Moscow region, and the provision of these data to state authorities in the manner prescribed by the Government;

7) the establishment of a print media for publishing the IPA, discussing IPA projects on local issues, bringing to the attention of residents official information about the socio-economic and cultural development of the Moscow region, the development of its public infrastructure and other official information;

8) implementation of international and foreign economic relations;

8.1) the organization of vocational education and additional vocational education of elected officials, members of elected bodies, deputies, municipal employees and employees of municipal institutions, the organization of training for the municipal service;

The laws of the subject may redistribute powers between the bodies of the IS and the bodies of state power of the subject. The redistribution of powers is allowed for a period not less than the term of office of the legislative body of the subject. Such laws of the entity come into force from the beginning of the next financial year.

It is not allowed to refer to the powers of public authorities of the subject of authority of the local government bodies in the areas of municipal property management, formation, approval and execution of the local budget, implementation of the protection of public order, establishment of the structure of bodies, change of the boundaries of the territory,

The powers of the MS bodies are exercised independently. Subordination of a body or official of one MO to a body or official of another MO is not allowed.

Bodies of state power and bodies of local self-government exercise their functions by exercising their rights and obligations, which are characterized as powers. The concept of issues of local importance is used in the Constitution of the Russian Federation, Art. 130 it follows that the solution of issues of local importance is an integral part of local self-government in Art.

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Local issues and their distribution by levels of local self-government

The competence of a public authority is a complex legal category, the structure of which includes the subject of competence, rights and obligations.

Under the subjects of referencein the legal literature, the spheres of public life are understood in which the public authority operates and in which it is legally competent. The spheres of public life are understood as the environment where the governing body operates, that is, the range of its activities. And these are the functions 1 .

Bodies of state power and bodies of local self-government exercise their functions by exercising their rights and obligations, which are characterized as powers. As a rule, the law of a public authority acts at the same time as its obligation, but at the same time they retain a relatively independent character within the framework of their competence.

The concept of issues of local importance is used in the Constitution of the Russian Federation (Articles 130, 132). From the norm of Art. 130 it follows that the solution of issues of local importance is an integral part of local self-government, in Art. 132 specifies a number of issues qualified by the Constitution as issues of local importance, namely: management of municipal property; formation, approval and execution of the local budget; implementation of the protection of public order, the establishment of local taxes, fees, etc., while this list is open. The Federal Law of October 6, 2003, "On the General Principles of Organization of Local Self-Government in the Russian Federation" also defines a list of issues of local importance. However, this list is not exhaustive here either.

In accordance with the definition of local self-government, formulated in the Federal Law, the essence of local self-government is the solution by the population of issues of local importance. The named Law defines issues of local importance asissues of direct support for the life of the population, the solution of which, in accordance with the Constitution of the Russian Federation and this Federal Law, is carried out by the population and (or) local self-government bodies independently 2 . The right to resolve issues of local importance can be considered as an element of the population's right to local self-government.

Local issues.The federal law delimited issues of local importance for various types of municipalities and fixed them accordingly: 1) issues of local importance of the settlement (Art. 14);2) issues of local importance of the municipal district (Art. 15); 3) issues of local importance of the urban district (Art. 16).

The jurisdiction of municipalities may also include issues related to the implementation of certain state powers by local governments (Articles 19, 20, 21).

Along with this, it should be borne in mind that the powers of the representative body, the head of the municipality, the head of the local administration, enshrined in the Federal Law (Art. local administration, etc.). These issues, referred to the jurisdiction of municipalities, in their totality also constitute the subjects of jurisdiction of local self-government.

Local self-government may be under the jurisdiction of other issues, which, in accordance with the requirements of the 2003 Law, may be adopted by local self-government bodies for their consideration and decision. These are questions that meet the following requirements:

They are not included in the legally established list of issues of local importance and do not relate to separate state powers;

Are not attributed to the jurisdiction of other municipalities, to the competence of their bodies, and are not included in the competence of public authorities;

They are not excluded from the competence of local self-government bodies by federal laws and laws of the constituent entities of the Federation.

At the same time, local self-government bodies have the right to resolve these issues only if they have their own material resources and financial resources (with the exception of subventions and subsidies provided from the federal budget and the budget of the constituent entity of the Federation).

1 Function from lat. function - dispatch, activity (duty, scope of activity; assignment). A short dictionary of foreign words. Ed. M., "Sov. Encyclopedia". 1971, p. 347.

2 See: Art. 2 FZ "On general principles of organization of local self-government in the Russian Federation" dated 6.10.2003 // SZ RF. 2003. No. 40. Art. 3822.

PAGE 3

ISSUES OF LOCAL IMPORTANCE

1. What are local issues?

Issues of local importance are issues of direct support for the life of the population of a municipal formation, the solution of which is carried out by the population and (or) local authorities and affects the interests of each citizen (given in Appendices No. 2-4).

At the settlement level, issues of local importance include issues of formation, approval, execution and control over the execution of the local budget, disposal of municipal property, maintenance and construction of highways, provision of housing to low-income citizens, provision of communication services, transport, public catering and household services to residents of the municipality. services, organization of leisure of the population, issues of improvement and landscaping of the settlement, removal of solid household waste and a number of other issues (Article 14 of the Federal Law).

At the same time, some of the issues, such as, for example, the organization within the boundaries of the settlement of electricity, heat, gas and water supply, wastewater disposal, supply of the population with fuel, are solved by residents of the municipality and local governments jointly, since it requires the involvement of specialized organizations.

Issues of organizing funeral services and the maintenance of burial places in settlements, organizing the collection and removal of household waste and garbage, the population has the right and can decide on its own. The forms of direct participation of the population in the implementation of local self-government are discussed in Chapter 3 of this manual. The municipal district takes an active part in solving issues of local significance of settlements. In exceptional cases, issues of local importance have the right to be resolved by state authorities. Such cases include: the absence of local self-government bodies and the impossibility of their formation in connection with a natural disaster, catastrophe or other emergency situation, the unsatisfactory financial condition of the municipality or in the case of improper use of budget funds by the municipality. In addition, cases of violation of the Constitution of the Russian Federation, federal laws, laws of a constituent entity of the Russian Federation, and other normative acts, admitted by local self-government bodies, may become a reason for state intervention in the affairs of a municipal formation.

2. How can state

powers to local governments?

Local self-government bodies may be endowed with separate state powers of a constituent entity of the Federation or a federal center. The decision to transfer powers and the procedure for their financing are fixed by law. Most often, state powers are transferred to local governments in order to save money and more efficiently implement the transferred powers. An example is the organization of extinguishing fires. As world practice shows, this function of the state can be more effectively implemented at the municipal level. Taking into account the modern transition of the fire service to the jurisdiction of the constituent entities of the Russian Federation and the demilitarization of fire departments, from 2008 they could be transferred to local authorities. For the exercise of state powers, the municipality must receive subventions from the budget of the subject of the Federation or the federal budget, depending on the level of state powers delegated to it. In addition, the municipality can use its own funds to perform the transferred functions, but only if this is provided for by the charter of the municipality. In addition to financial resources, the necessary material resources should be transferred to local governments for use, management or ownership. The municipality, in turn, is obliged to ensure the proper implementation of the powers delegated to it. For this, it has the right to issue generally binding normative legal acts and monitor their implementation. State authorities, for their part, are obliged to monitor the implementation of the transferred state powers, the use by local self-government bodies of the provided material and financial resources. In the event of violations by local self-government bodies, the state authority has the right to issue an order with the requirement to eliminate the violation. In the event of further improper performance by local government bodies of the transferred state powers, government bodies have the right to exercise these powers independently.

3. On what issues of local importance is it necessary to adopt normative legal acts?

The Federal Law approved a list of issues that require the adoption at the level of the municipality of regulatory legal acts. These include: 1) approval, execution of the settlement budget and control over the execution of this budget; 2) the establishment, change and abolition of local taxes and fees of the settlement; 3) determination of the procedure for the possession, use and disposal of property that is in the municipal ownership of the settlement; 4) determination of the procedure for providing low-income citizens living in the settlement and in need of better housing conditions, housing, organization of construction and maintenance of municipal housing stock, creation of conditions for housing construction; 5) determination of the rules of transport services for the population within the boundaries of the settlement; 6) determination of primary fire safety measures within the boundaries of the settlements of the settlement; 7) determination of the procedure for the protection and preservation of cultural heritage objects (historical and cultural monuments) of local (municipal) significance located within the boundaries of the settlement; 8) creation of conditions for mass recreation of residents of the settlement and organization of arrangement of places for mass recreation of the population; 9) the establishment of rules for the collection and removal of household waste and garbage; 10) the establishment of rules for the improvement and gardening of the territory of the settlement, the use and protection of urban forests located within the boundaries of the settlements of the settlement; 11) approval of master plans of a settlement, rules for land use and development, approval of local standards for urban planning of settlements, organization of land control over the use of settlement lands; 12) the establishment of rules for the provision of funeral services and the maintenance of burial sites; 13) implementation of measures to ensure the safety of people on water bodies, protection of their life and health. At the level of the municipal district, several more can be added to the listed issues that require the adoption of regulatory legal acts: the organization of the provision of public and free general and secondary education, the organization of emergency medical care, the approval of territorial planning schemes for the municipal district, the approval of local standards for urban planning of inter-settlement territories, etc. The normative legal acts adopted on the above issues establish the rules of conduct for the population of the municipality and organizations operating on its territory. The absence of a normative act on any of the above issues indicates the improper work of the deputies and the head of the municipality and may become the basis for the application of sanctions in relation to local governments. Non-adoption at the municipal level of normative acts on the approval and execution of the local budget, the establishment of local taxes, the procedure for the possession, use and disposal of municipal property, the general settlement plan, the rules of land use and development, the normative legal act on the approval of local standards for urban planning of settlements, the organization of improvement and landscaping the territory of the settlement may even call into question the very existence of the municipality. An important issue for the municipality is which of the local self-government bodies should adopt this or that regulatory legal act - the head of the municipal formation or the representative body of local self-government. This distinction should be established by the charter of the municipality, although some of the functions have already been distributed by the existing law. (For more details, see question 10 of Chapter 1.) However, it is worth paying attention to the fact that most issues of local importance are regulated by federal legislation, and it plays a decisive role in law enforcement practice. For example, the execution of the settlement budget must be carried out in accordance with the requirements of the Budget Code of the Russian Federation. The disposal of the property in the municipal ownership of the settlement is carried out on the basis of the norms of the Civil Code of the Russian Federation, the Water Code of the Russian Federation, the Land Code of the Russian Federation, the Law of the Russian Federation of February 21, 1992 No. 2395-1 "On Subsoil" (as amended by the Federal Law of March 3, 1995 No. 27-FZ) and other laws that determine the legal status of municipal property. The issues of organizing electricity, heat, gas and water supply to the population, water disposal, and fuel supply to the population within the boundaries of the settlement are regulated by federal laws dated March 26, 2003 No. 35-FZ "On the Electricity Industry", dated April 14, 1995 No. 41-FZ "On state regulation of tariffs for electricity and heat in the Russian Federation ”, dated March 31, 1999, No. 69-FZ“ On gas supply in the Russian Federation ”. The procedure for the maintenance and construction of public roads, bridges and other transport engineering structures within the boundaries of settlements is established by the Federal Law of December 10, 1995 No. 196-FZ "On road safety", regulatory legal acts of the Government of the Russian Federation and other federal executive bodies authorities, as well as legal acts of the constituent entities of the Russian Federation.

4. On what issues of local importance it is necessary to adopt legal acts that do not have

regulatory content?

Very often, to resolve issues of local importance, it is necessary to adopt law enforcement acts. Such cases include almost all issues of local importance, with the exception of the moments of approval of the municipal budget and control over its implementation or the establishment, change and cancellation of local taxes and fees of the settlement and some other individual cases. For the most part, issues of local importance for which the adoption of law enforcement acts is required coincide with those issues of local importance for which it is necessary to adopt regulatory legal acts. And this is no coincidence. A mechanism for the implementation of one or another normative legal act is needed, and the law enforcement act acts as such a mechanism.

5. What powers have been given to local governments to resolve issues of local importance?

Local self-government bodies have been given a number of powers to resolve issues of local importance. The main ones are: 1) the adoption of the charter of the municipal formation, the publication of municipal legal acts; 2) the creation of municipal enterprises and institutions, financing of municipal institutions, the formation and placement of municipal orders; 3) setting tariffs for services provided by municipal enterprises and institutions;

4) the adoption and organization of the implementation of plans and programs for the integrated socio-economic development of the municipality;

5) implementation of international and foreign economic relations.

In addition, local self-government bodies of settlements and urban districts have the right, on a voluntary basis, to involve citizens in the performance of socially significant work. For example, in the event of preventing and eliminating the consequences of emergencies, ensuring primary fire safety measures or creating conditions for mass recreation of residents of a settlement and organizing the arrangement of places for mass recreation of the population. On a voluntary basis, the population can be engaged in landscaping and gardening of the territory of the settlement.

Federal law specifically notes that the powers of local self-government bodies to resolve issues of local importance are exercised independently.

6. How are disputes about competence between

local government bodies?

Disputes may arise between settlements and municipal districts about the competence of local authorities of one level or another in resolving certain issues. Since there is no mechanism for considering such situations in federal legislation, it must be spelled out in the legislation of a constituent entity of the Russian Federation. And the task of resolving disputes should be assigned to the judicial authorities, in particular, to the Constitutional (charter) court of a constituent entity of the Russian Federation. Another option may be conciliation procedures organized by the highest official of the subject of the Federation or carried out by local self-government bodies independently. Permanent meetings and working groups can serve as forms of conciliation procedures.

7. What local authorities should do

self-government in case they cannot resolve the issue on their own?

In practice, quite often there are situations when local self-government bodies of settlements, for one reason or another, cannot independently solve the tasks they face. In this case, they have the right to conclude agreements with local self-government bodies of the municipal district on the transfer of part of their powers. At the same time, the settlement must guarantee the municipal district subventions from its budget for the implementation of these powers.

The agreement between the settlement and the district must stipulate the terms of the transfer of authority (the term of the agreement), the grounds and procedure for terminating the agreement, including early termination, the procedure for determining the annual volume of subventions, and financial sanctions for non-performance of the agreement. In addition, the agreement must clearly and clearly indicate which authority is transferred from one municipality to another.

On the other hand, some of the issues of local importance attributed to the jurisdiction of settlements can be more successfully resolved at the level of the municipal district. Such a power, for example, can be the organization of collection and removal of household waste and garbage or the creation of conditions for organizing leisure and providing the residents of the settlement with the services of cultural organizations.

In this case, a similar agreement is concluded between the settlement and the municipal district.

8. How responsibility is established

bodies of local self-government for non-fulfillment or improper fulfillment of their own legal acts?

The right to establish administrative responsibility for violation of regulatory legal acts of local self-government bodies is assigned to public authorities of a constituent entity of the Russian Federation.

Such laws have been adopted in almost all constituent entities of the Russian Federation. At the same time, as a rule, a significant part of the norms containing administrative responsibility has a reference to the rules or procedures established by local government bodies. So the implementation of regional laws on administrative offenses directly depends on the activities of local governments. The municipality is held accountable by the administrative commissions formed by the bodies of local self-government, and the protocols on the commission of an administrative offense are drawn up by the officials of the bodies of local self-government, determined by the municipal legal act.

Local self-government bodies are obliged to independently determine: how the persons authorized to draw up protocols on committing administrative offenses are appointed, as well as the question of who forms the composition of the administrative commission. In this regard, an appropriate municipal legal act must be adopted. In addition, at the settlement level, administrative inspectorates can be created, which also have the right to draw up protocols on the commission of an administrative offense. This issue is especially relevant in settlements where there are not enough municipal employees to carry out such a voluminous work.

Glava 3

FORMS OF DIRECT PARTICIPATION OF THE POPULATION IN SOLVING ISSUES

LOCAL SIGNIFICANCE

1. What is a local referendum?

How is it done?

Referendum (from lat. referendum - what should be communicated) - the adoption by the voters of the final decision on a particular issue by popular vote. The referendum, along with the elections, is the highest and direct expression of the power of the people. Documented decisions of the referendum have the highest legal force, are acts of direct action and do not need confirmation by other legal acts. The rights of citizens to participate in a local referendum are established by federal law, and the procedure for preparing and holding a local referendum is established by the law of a constituent entity of the Russian Federation. Adult citizens of the Russian Federation who live within the boundaries of the municipality and have the right to vote have the right to take part in a local referendum. In accordance with international treaties of the Russian Federation, foreign citizens permanently residing in the territory of the municipality can take part in a local referendum. Now Russia has such an agreement only with the Republic of Belarus. A local referendum is carried out by universal, equal and direct expression of will by secret ballot. A local referendum may not include issues limiting the rights and freedoms of a person and citizen, enshrined in the Constitution of Russia. In addition, referendum issues must not contradict federal and regional legislation. The wording of the questions should exclude the possibility of their multiple interpretation, so that only an unambiguous answer can be given to them. At a local referendum, only issues of local importance can be resolved, that is, surveys of direct support for the life of the population. This can be a question about the use of municipal land (for example, on the allocation of a land plot for any kind of production), improvement problems (for example, deforestation or deforestation), etc. Also, at a referendum, decisions can be made on municipal legal acts. The charter, however, may determine issues that must be submitted to a referendum without fail. The initiators of the referendum can be: - a group of citizens living in the territory of the municipality; - political parties and associations that have the right to participate in elections; - the representative body of the municipality together with the head of the local administration. If the initiators of the referendum are local self-government bodies, then for its holding the representative body of the municipal formation and the head of the local administration need only issue a corresponding decision or resolution. What is the procedure for calling a referendum if it is initiated by citizens or electoral associations? In this case, an initiative group of at least 10 people is formed (for associations, the initiative group is the governing body), which applies to the municipal election commission with a request to register the group. From the day of its application, the municipal election commission is considered a municipal referendum commission. The petition must contain the questions submitted to the referendum, the authorized representatives of the group, the passport details of the members of the initiative group with personal signatures must be indicated. The minutes of the meeting of the initiative group are attached to the petition. And if a question is raised about the adoption of a normative legal act, then the draft of the act itself. The referendum commission examines the submitted documents for their compliance with the requirements of federal and regional legislation and the charter of the municipality, and in the positive case, sends them to the representative body of the municipality, which checks the compliance of the question (s) being put forward with the requirements of the legislation. If there are no objections from the representative body, the commission registers the initiative group and issues it an appropriate certificate. From this point on, the group can form a referendum fund and campaign in support of it. Local self-government bodies, government bodies, officials may not campaign for or against the adoption of any decision in a referendum. The timeframe for registering a group may vary by the law of a constituent entity of the Federation on a local referendum. For example, in the relevant law of the Novosibirsk region, the following terms are established: 15 days for the consideration of documents by the referendum commission, 5 days for sending documents to the representative body. The latter is given 20 days to make his decision. And finally, 15 days for the final registration of the group. Thus, it can take up to 55 days to register a group for holding a referendum in the Novosibirsk region. After registration, the initiators of the referendum must collect signatures of 5% of the voters of the municipality in support of its holding. The subscription list for holding a referendum must contain the wording of the question (s) to be submitted to it, the surname, name, patronymic of the citizen supporting the referendum, his year of birth, residence address, series and number of the passport or identity card replacing it, as well as the date signing. The law of the Novosibirsk region of April 12, 2004 No. 175-OZ "On the local referendum of the Novosibirsk region" stipulates that signatures must be collected within 20 days. After verification of the authenticity of the signatures and the accuracy of the information, the relevant documents are sent to the representative body of the municipality. Deputies are obliged to call a referendum within 30 days from the date of receipt of the documents. Otherwise, he can be appointed by a court decision on the basis of an appeal from citizens, electoral associations, the head of the municipality, state authorities or the prosecutor. In this case, from the date of publication of the decision on the appointment of a referendum to the day of voting, there may not be less than 45 days. The referendum is held throughout the municipality. The voting premises are provided free of charge by the head of the municipality. Financing of measures for organizing a local referendum is carried out at the expense of the local budget, campaigning is carried out at the expense of the referendum fund created by the initiative group. The municipal referendum commission is directly responsible for organizing and conducting the referendum. It forms the lists of referendum participants, as well as, together with the head of the municipality, forms referendum precincts, provides information to referendum participants, implements other measures for holding the referendum, monitors compliance with legislation, establishes the results of the referendum and is responsible for their publication.

Upon completion of the voting, the municipal referendum commission summarizes the data received from the lower commissions, counts the votes, draws up the final protocol and determines the results. Based on the counting of votes, the commission can make one of four decisions:

- on the recognition of the referendum as invalid if violations are revealed that do not allow to reliably establish the results of the will of the participants; - on the recognition of the referendum void if less than half of the registered voters took part in it; - on the rejection of an issue (draft) submitted to the referendum, if no more than half of the participants in the referendum voted for it; - on the adoption of the issue (draft) submitted to the referendum. The voting results and the decision taken at the local referendum are subject to official publication or promulgation (as a rule, in small municipalities). A decision taken at a local referendum does not need additional approval by any authorities or officials. But if for its implementation the issuance of a normative legal act is additionally required, the relevant local government body or official is obliged to adopt such an act within three months. Failure to adopt this act within the specified period may become the basis for the recall of an elected official, dismissal of the head of administration, or dissolution of an elected body of local self-government. The implementation of the decision adopted at a local referendum is entrusted to local authorities and is subject to mandatory execution in the territory of the municipality. A decision to hold a local referendum or a decision taken therein may be appealed against in court.

The sphere of implementation of local self-government is determined in Part 1 of Art. 130 of the Constitution of the Russian Federation through the concept of "issues of local importance", the content of which is partly disclosed in Part 1 of Art. 132: these are issues of municipal property, the formation, approval and execution of the local budget, the establishment of local taxes and fees, the protection of public order and other issues of local importance.

Further, the content of this concept is specified in the Federal Law. Article 1 of the 1995 Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" contained two criteria for the classification of issues of local importance: material - the questions should have been related to the direct support of the population of the municipality and formal legal - they should be attributed to issues of local values ​​by the charter of the municipality in accordance with the Constitution of the Russian Federation, federal law, laws of the constituent entities of the Russian Federation. The material criterion is largely evaluative. Therefore, the Law (Art. 6) contained a list of relevant issues of 30 items, which was not exhaustive.

The 2003 Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" also proceeds from a combination of material and formal criteria in determining issues of local importance. According to Art. 2 issues of local importance - issues of direct support for the life of the population of the municipality, the solution of which, in accordance with the Constitution of the Russian Federation and this Federal Law, is carried out by the population and (or) local self-government bodies independently.

Important approaches related to the constitutional interpretation of local self-government issues are contained in the decisions of the Constitutional Court of the Russian Federation. The legal position according to which from the direct prescription of Art. 130 (part 1) of the Constitution of the Russian Federation, which establishes that local self-government provides an independent solution by the population of issues of local importance, it follows that these issues can and should be decided by local self-government bodies or the population directly, and not by public authorities, was expressed by the Constitutional Court of the Russian Federation in the decisions of January 24, 1997 in the case of checking the constitutionality of the Law of the Udmurt Republic "On the system of public authorities in the Udmurt Republic" and of January 15, 1998 in the case of checking the constitutionality of Art. 80, 92, 93 and 94 of the Constitution of the Komi Republic and Art. 31 of the Law of the Komi Republic "On executive authorities in the Komi Republic". The state authorities, as follows from this position, are obliged to create the necessary legal, organizational, material, financial and other conditions for the formation and development of local self-government and to assist the population in the exercise of the right to local self-government.

In the decision of the Constitutional Court of the Russian Federation of November 30, 2000 N 15-P on the case of checking the constitutionality of certain provisions of the Charter (Basic Law) of the Kursk Region, a number of positions that are significant for characterizing the independence of the population in resolving issues of local importance were expressed. According to the ruling from the direct prescription of Art. 130 (part 1) of the Constitution of the Russian Federation, which establishes that local self-government provides an independent solution by the population of issues of local importance, follows: issues of local importance can and should be resolved by local self-government bodies or the population directly, and not by public authorities; “the inadmissibility of restricting the rights of local self-government and its powers on issues of local importance is one of the foundations of the constitutional status of local self-government (Articles 12 and 130, part 1 of Article 132, Article 133 of the Constitution of the Russian Federation). with the regulation of human and civil rights and freedoms that are under the jurisdiction of the Russian Federation (clause "in" Article 71 of the Constitution of the Russian Federation), since any such restriction directly affects the regulatory content and completeness of citizens' right to exercise local self-government. " From this, it is concluded that it is inadmissible even to voluntarily transfer at least part of the powers to resolve issues of local importance to government bodies. It is emphasized in this decision of the Constitutional Court of the Russian Federation (paragraph 4 of the reasoning part) and the impossibility of abolishing local self-government in any territory, even if this decision was made at a local referendum.

Issues of local importance are those issues that must be implemented by local governments of the corresponding type of municipal formation, i.e., in fact, the solution of issues of local importance is the responsibility of local authorities, and not just the law.

Local issues of a settlement, municipal district, urban district

Introductory remarks

The 1995 Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation" introduced a list of 26 issues of local importance, indicating that municipalities have the right to resolve other issues related to issues of local importance by the laws of the constituent entities of the Russian Federation. At the same time, within the meaning of this provision, the subjects of the Russian Federation did not have the right to impose these local issues on local governments. In addition, local self-government bodies could take for their consideration other issues not excluded from their jurisdiction and not attributed to the jurisdiction of other municipalities and state authorities.

It must be said that in relation to both local councils in the previous period of our history, and to the emerging local self-government in Russia, the problem was urgent: is it possible to establish in general terms the issues that local authorities are dealing with, or should this be done at individual levels of government? The legislation gave preference to one or the other approach.

Thus, the 1995 Law did not specify issues of local importance depending on the type of municipal formation. He assumed the existence of different municipalities as equal municipal units. Therefore, the issues of local importance established by the 1995 Law were equally applied to all types of municipalities enshrined in it. At the same time, the constituent entities of the Russian Federation in accordance with paragraph 3 of Art. 6 of the Law could differentiate issues of local importance between local self-government bodies of municipalities operating in the same territory. In practice, however, the delineation of issues of local importance of municipalities was carried out quite rarely.

The formation of a two-type model of local self-government "settlement - municipal district" provided for in the 2003 Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation" predetermined the formulation of issues of local importance depending on the type (type, level) of the municipal formation. Therefore, the 2003 Law in (Articles 14, 15 and 16) highlighted the issues of local significance of a settlement, a municipal district, an urban district.

Moreover, the process of their regulation in the Law is quite dynamic, some issues of local importance were additionally included in the Law after 2003 by correcting the above-mentioned articles, some were excluded, some formulations were revised.

Local issues of rural and urban settlements

In Art. 14 of the 2003 Federal Law enshrined unified issues of local importance for rural and urban settlements as types of municipalities. Meanwhile, as you know, even rural settlements differ from each other in size, population and economic potential, therefore the same issues of local importance are solved by them, taking into account their specificity. Moreover, this specificity may manifest itself in urban settlements, especially in those that have several tens of thousands of population and must contain a fairly "impressive" communal services. However, such features do not affect the content of legislative norms.

The federal law of 2003 assigns to the competence of local importance settlements, first of all, the formation, approval, execution of the budget of the settlement and control over the execution of this budget. The budget, in short, is a list of revenues and expenditures of a municipal unit. The presence of a budget is one of the hallmarks of a municipality. The preparation of the budget belongs to the jurisdiction of the executive and administrative body of the municipality, and approval - to the jurisdiction of the representative body. The law also refers to the issues of local significance of the settlement, the establishment, amendment and abolition of local taxes and fees of the settlement. The possibilities of settlements in this part are rather modest, but nevertheless they exist.

Another sign of a municipality is the ownership of municipal property. Of course, an independent problem - is there a lot of it in the jurisdiction of the settlements, is it enough, etc. The law refers to the issues of local importance the possession, use and disposal of property in the municipal ownership of the settlement. June 3, 2006 Art. 14 of the 2003 Federal Law was amended: the issues of local significance of the settlement included the exercise, within the limits established by the water legislation of the Russian Federation, the powers of the owner of water bodies, informing the population about the restrictions on their use.

The initial version of the 2003 Federal Law does not reflect the role of settlements in organizing the economy on their territory. In the wording of December 31, 2005, we found an opportunity to correct this defect, now the issues of local importance of the settlement include assistance in the development of agricultural production, the creation of conditions for the development of small business. In principle, one can expect the expansion of these positions; large industrial enterprises may also be located on the territory of the settlement, which need the support of local authorities.

An important task of all municipalities is to take care of servicing the population and providing them with public services. For settlements, this task is especially important, since they directly work with the population. Therefore, the 2003 Law attributed to the jurisdiction of settlements the organization within the boundaries of the settlement of electricity, heat, gas and water supply of the population, water disposal, supply of the population with fuel. It is quite problematic to implement this, since almost all enterprises and services in these areas are departmental. However, the very term "organization" implies the initiative of the settlements, helping to ensure that the service to the population is at a good level. It is impossible to exclude the creation of municipal unitary enterprises and services, of course, not for electricity or gas supply, but at least for heating systems or supplying the population with fuel.

Municipalities, including settlements, have a certain, generally speaking, communicative group of issues of local importance. It is known how important roads and transport links are in Russia. An attempt to consolidate the role of settlements in solving relevant problems was made in paragraph 5 of Art. 14 of the 2003 Law, which referred to the issues of local significance of settlements as "the maintenance and construction of public highways, bridges and other transport engineering structures within the boundaries of settlements, with the exception of public highways, bridges and other transport engineering structures of federal and regional significance ". Later it became clear that the settlements were entrusted with an overwhelming task, especially with regard to the construction of highways, even local ones. In the Federal Law of November 8, 2007, clause 5 received a new version: the jurisdiction of settlements includes "road activities in relation to highways of local importance within the boundaries of settlements of the settlement, as well as the exercise of other powers in the field of the use of highways and the implementation of road activities in in accordance with the legislation of the Russian Federation ". True, now, in order to understand the degree of participation of settlements, one must turn to sectoral legislation. At the same time, it should be added that the Law includes the creation of conditions for the provision of transport services to the population and the organization of transport services for the population within the boundaries of the settlement to the issues of local significance of settlements. Apparently, we are talking about the following: local governments must do everything to ensure that the settlement has a bus connection with other territorial units, so that passing bus routes, electric trains, river and sea coastal passenger ships, etc. stop.

According to the law, local importance for settlements is the provision of low-income citizens living in the settlement and in need of better housing conditions, housing in accordance with housing legislation, the organization of construction and maintenance of the municipal housing stock, the creation of conditions for housing construction. The legislator was guided by Art. 40 of the Constitution of the Russian Federation, which says: "The needy, other citizens specified in the law who need housing are provided free of charge or for an affordable fee from state, municipal and other housing funds in accordance with the norms established by law." At the same time, the implementation of the requirements of the Constitution of the Russian Federation and the Law is difficult, since the so-called social housing in urban settlements is very small, while rural settlements most often do not have it at all. A more feasible issue of local importance is the creation of conditions for housing construction.

A separate issue of local importance is the concern for servicing the population. According to the Federal Law of 2003, the jurisdiction of settlements includes the creation of conditions for providing residents of the settlement with communications, catering, trade and consumer services. As you know, post, telegraph, telephone, and today the Internet cannot become the subjects of jurisdiction of municipalities, but the latter must create conditions, organize services and help the relevant institutions. Public catering, trade and consumer services in previous years were under the jurisdiction of the state, today all this is the so-called private sector. And the issue of local importance can be the creation of conditions for the proper functioning of the relevant services.

A large range of issues of local importance of settlements relates to the sphere of culture and education. The 2003 federal law attributed the organization of library services to the population, the acquisition and preservation of the library stocks of the settlement to the jurisdiction of the settlements (in the original version, it was only said about the organization of this service, but the Federal Law of December 31, 2005 added acquisition, and the Federal Law of 29 December 2006 - also ensuring preservation).

The creation of conditions for organizing leisure time and providing the inhabitants of the settlement with the services of cultural organizations was also named as the issue of local importance of settlements. Most often, the relevant institutions are under departmental subordination, but in settlements they serve the population, and local governments must create conditions for this.

The jurisdiction of the settlements also includes the preservation, use and popularization of cultural heritage objects (historical and cultural monuments) owned by the settlement, the protection of cultural heritage objects (historical and cultural monuments) of local (municipal) significance located on the territory of the settlement (this is a revision of the norm from On December 31, 2005, it significantly expanded this issue of local importance for the settlement - in the original wording it was said only about the protection and preservation of the corresponding objects located within the boundaries of the settlement).

The settlement is in charge of the formation of the archive funds of the settlement. The federal law of December 31, 2005 attributed to the jurisdiction of the settlements the creation of conditions for the development of local traditional folk art, participation in the preservation, revival and development of folk arts and crafts in the settlement.

Traditionally, the terms of reference of local self-government include tasks related to recreation of the population, health protection, physical education and sports. The 2003 federal law consolidated such issues of local importance as ensuring conditions for the development of physical culture and mass sports on the territory of the settlement, organizing official physical culture, health-improving and sports events of the settlement (in the original version it was said only about providing conditions, now it is emphasized that the settlement should organize appropriate events). The jurisdiction of the settlements also includes the creation of conditions for mass recreation of the inhabitants of the settlement and the organization of the arrangement of places for mass recreation of the population. Federal law of December 29, 2004 issues of local importance of the settlement also included the implementation of measures to ensure the safety of people on water bodies, the protection of their life and health, as well as the creation, development and protection of medical and recreational areas and resorts of local importance in the territory of the settlement.

The range of issues of local importance of all municipalities, including settlements, reflects their tasks of territorial development, as well as improvement and maintenance in the cleanliness and order of their territory. The federal law of 2003 included the approval of settlement master plans, land use and development rules, approval of territory planning documentation prepared on the basis of settlement master plans, issuance of construction permits, permits for the commissioning of facilities during construction, reconstruction, capital repairs. capital construction projects located on the territory of the settlement, approval of local standards for urban planning of settlements, land reservation and seizure, including through redemption, of land plots within the boundaries of the settlement for municipal needs, land control over the use of settlement lands. Subsequent changes and additions (of December 29, 2004, May 10 and June 15, 2007) significantly strengthened the position of the settlement. So, in the initial version, nothing was said about attributing to the issues of local significance of the settlement the approval of the master plans of the settlement and the documentation prepared on their basis for the planning of the territory, on the issuance of construction permits, for the commissioning of facilities, on the approval of local standards for urban planning. By the additions of December 4, 2006, the settlement is entrusted with municipal forestry control and supervision.

According to the Federal Law of 2003, settlements are in charge of the organization of landscaping and landscaping of the territory of the settlement, the use, protection, protection, reproduction of urban forests, forests of specially protected natural areas located within the boundaries of the settlements of the settlement (amendments dated December 4, 2006 to the original edition of the corresponding clause of the Law, protection was added to the protection, as well as the reproduction of both urban forests and forests of specially protected natural areas within the boundaries of the settlement). The settlements are in charge of organizing the collection and removal of household waste and garbage, as well as the organization of street lighting and the installation of signs with street names and house numbers.

The role of municipal units in the event of emergency circumstances has always been reflected in legislation already with the creation of zemstvo self-government in Russia. Modern legislation is no exception. The Federal Law of 2003 refers to the management of settlements as participation in the prevention and elimination of the consequences of emergencies within the boundaries of the settlement; provision of primary fire safety measures within the boundaries of settlements. The range of issues of local significance of settlements by the Federal Law of December 29, 2004 included: organization and implementation of measures for civil defense, protection of the population and the territory of the settlement from natural and man-made emergencies; creation, maintenance and organization of the activities of emergency rescue services and (or) emergency rescue teams on the territory of the settlement; organization and implementation of measures for the mobilization training of municipal enterprises and institutions located on the territory of the settlement. Unfortunately, the realities of our time forced to designate as a matter of local importance settlements (as well as other municipalities) participation in the prevention of terrorism and extremism, as well as in minimizing and (or) eliminating the consequences of manifestations of terrorism and extremism within the settlement, which was done by the Federal Law of July 27, 2006. Naturally, the listed tasks themselves are national. The issues of local importance are precisely the participation of municipalities in their solution. At the same time, it was decided to restore the practice of the possible unification of the population for the protection of public order. Since January 2008, the settlements have been encouraged to create conditions for the activities of voluntary groups of the population for the protection of public order.

Completing the characterization of the issues of local importance of settlements, we will name several points that seem to fall out of the groups listed above:

a) organization and implementation of activities for working with children and youth;

b) organization of funeral services and maintenance of burial sites.

Summarizing the content of the current edition of Art. 14 of the 2003 Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation", which enshrines the issues of local importance of rural and urban settlements, it can be stated that the Law in this part has undergone significant adjustments, aimed generally at strengthening the positions of municipalities of this level.

Federal Law of December 29, 2006 included Art. 14.1 "The rights of local self-government bodies of a settlement to resolve issues not related to issues of local importance of settlements" (italics ours. - Auth.). Part 1 of Art. 14.1 provides that local self-government bodies of a settlement have the right:

1) to create museums of the settlement;

2) to participate in the organization and financing of public works on the territory of the settlement for citizens experiencing difficulties in finding a job, as well as temporary employment of minors aged 14 to 18 years;

3) to perform notarial actions provided for by law, in the absence of a notary in the settlement;

4) to participate in the implementation of guardianship and trusteeship activities;

5) to finance and co-finance the overhaul of residential buildings that were in municipal ownership before March 1, 2005;

6) to create conditions for the implementation of activities related to the implementation of the rights of local national-cultural autonomies in the territory of the settlement;

7) to assist the national and cultural development of the peoples of the Russian Federation and the implementation of measures in the field of interethnic relations in the territory of the settlement.

In addition, the Law of December 29, 2006 from Art. 14 of the Federal Law of 2003, Part 2 is excluded, and Art. 14.1 includes part 2 of a similar sound: "Local self-government bodies of the settlement have the right to resolve the issues specified in part 1 of this article, to participate in the implementation of other state powers (not transferred to them in accordance with Article 19 of this Federal Law), if this participation is provided for by federal laws , as well as resolve other issues that are not attributed to the competence of local self-government bodies of other municipalities, public authorities and are not excluded from their competence by federal laws and laws of the constituent entities of the Russian Federation, only at the expense of their own revenues of local budgets (with the exception of subventions and subsidies provided from the federal budget and the budget of the constituent entity of the Russian Federation) ".

Thus, the list of issues of local importance for the settlement, listed in Art. 14, should be considered exhaustive in terms of defining the range of issues of local importance of the settlement. The law does not exclude the participation of local self-government bodies of settlements in the exercise of both state powers and powers that are not attributed to the competence of local self-government bodies of other municipalities, but it does not unequivocally refer them to issues of local importance of settlements.

Local issues of the municipal district and urban district

The 2003 Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" enshrines the issues of local importance of the municipal district in Art. 15, urban district - in art. 16. That is, legally, the regulation of their local issues is divided. But in fact, the municipal district and the urban district have practically similar issues of local importance. Therefore, for ease of assimilation, a unified and generalized description of issues of local importance of both these types of municipalities is given below, and if this is required, the specificity of the corresponding type is emphasized. We draw your attention to the fact that the given characterization, as before in relation to settlements, takes into account the "kinship" of issues of local importance and therefore in a number of cases departs from the sequence of their listing in Art. 15 and 16 of the Law.

The issue of local importance for these municipalities is the formation, approval, execution of the budget of the municipal district, urban district, control over the execution of this budget. This question exists for all types of municipalities. But the municipal district has its own specific issue of local importance: equalizing the level of budgetary provision of the settlements that are part of the municipal district, at the expense of the budget of the municipal district.

The jurisdiction of municipal districts, urban districts also includes the establishment, change and abolition of local taxes and fees of the municipal district, urban district. The capabilities of these municipal units in this regard are very modest, mainly their revenues are replenished by deductions from federal and regional taxes and fees.

It was noted above that one of the "qualification" features of a municipality is the ownership of municipal property. Issues of local importance are: possession, use and disposal of property that is in the municipal ownership of a municipal district, an urban district. With the addition of the Law of June 3, 2006 in Art. 15 and 16 for municipal districts, urban districts (as well as for settlements), such an issue of local importance of a settlement was specially designated, as the exercise, within the limits established by the water legislation of the Russian Federation, the powers of the owner of water bodies, informing the population about the restrictions on their use.

The 2003 Federal Law clearly underestimated the role of municipalities in organizing economic activity on their territory, in supporting economic entities. Afterwards, the Law was amended to correct the situation to a certain extent. In particular, according to the amendments dated December 31, 2005 and October 18, 2007, the issue of local importance for the municipal district was the creation of conditions for the development of agricultural production in the settlements, the expansion of the market for agricultural products, raw materials and food, assistance to the development of small and medium-sized businesses. At the same time, a similar issue of local importance was fixed for the urban district - creating conditions for expanding the market for agricultural products, raw materials and food, promoting the development of small and medium-sized businesses. But so far the Law does not clearly state that the municipal district, and especially the urban district, should promote the development of industrial production (in all its diversity) on its territory.

The legislator outlined the differences between the municipal area and the urban district. For the district, this is the organization within the boundaries of the municipal district of electricity and gas supply to settlements; for the urban district - the organization within the boundaries of the urban district of electricity, heat, gas and water supply to the population, water disposal, supply of the population with fuel. If we compare the norm addressed to rural and urban settlements, it will be seen that the text is the same for the urban district. The reason, apparently, lies in the fact that electricity and gas supply "oversteps" the boundaries of rural and urban settlements, and the legislator wanted to emphasize the important role of the municipal district in solving these problems. True, heat supply and water supply also often go to the settlement from neighboring territories, and the role of the district, which includes the settlement, can be significant.

The 2003 federal law reflects the important role of municipal districts and urban districts in solving transport problems. At first, they were responsible for the maintenance and construction of public highways. As amended on November 8, 2007, this issue of local importance for the municipal district was formulated in a more general form: road activities in relation to highways of local importance outside the boundaries of settlements within the boundaries of the municipal district, as well as the exercise of other powers in the field of the use of highways and the implementation of road activities in accordance with the legislation of the Russian Federation. The city district solves such problems within its territory.

Accordingly, the jurisdiction of the municipal district is to create conditions for the provision of transport services to the population and the organization of transport services to the population between settlements within the boundaries of the municipal district; the urban district does the same within its boundaries.

For municipal districts and urban districts, the Federal Law also establishes as issues of local importance care for the maintenance of the population. This takes into account the level of the municipality. For the urban district, the same is recorded as for the settlement - the creation of conditions for providing residents with communication services, public catering, trade and consumer services. For the municipal district, the concern for the settlements included in it is emphasized, the creation of conditions for the provision of the settlements that are part of the municipal district with communication services, public catering, trade and consumer services.

The role of the latter in the field of public education is very modest. The legislation concentrates the issues of public education for the level of the municipal district, urban district, for the implementation of a unified policy in the field of education. The jurisdiction of the municipal district, the urban district includes the organization of the provision of public and free primary general, basic general, secondary (complete) general education for basic general education programs, with the exception of the powers of financial support of the educational process, attributed to the powers of state authorities of the constituent entities of the Russian Federation; organization of the provision of additional education and public free preschool education in the territory of the municipal district, as well as the organization of recreation for children during vacation time. Naturally, within the framework of the municipal district, rural and urban settlements are also responsible for organizing general education. However, the leading unit in this area remains the municipal district.

The federal law of 2003 formulates a number of issues of local importance in the field of culture for municipal districts and urban districts. Thus, the jurisdiction of the municipal district includes the organization of library services for the population by intersettlement libraries, the acquisition and maintenance of their library collections. These formulations appeared in the editions of the Law of December 31, 2005 and December 29, 2006, earlier there was no talk about inter-settlement libraries, the jurisdiction of the district included "the organization of library services for settlements (provision of library services)", and this, of course, much more modest. The issue of local importance for the urban district is the organization of library services for the population, the acquisition and preservation of the funds of the libraries of the urban district. The federal law of December 31, 2005 transferred to the jurisdiction of the municipal district the creation of conditions for providing the settlements that are part of the municipal district with services for organizing leisure and services of cultural organizations, thereby designating the organizing role of the municipal district in cultural activities on its territory. For the urban district, this issue is formulated as the creation of conditions for organizing leisure and providing the residents of the urban district with the services of cultural organizations.

The jurisdiction of the urban district includes the issue of local importance, which is absent in the municipal district, - the preservation, use and popularization of cultural heritage objects (historical and cultural monuments) owned by the urban district, the protection of cultural heritage objects (historical and cultural monuments) of the local (municipal) values ​​located on the territory of the urban district. The above wording was included in the Law on December 31, 2005, in the original version there were no "words about the objects owned by the urban district". There is no similar wording for the municipal district.

By the additions of December 31, 2005, the jurisdiction of the municipal district included the creation of conditions for the development of local traditional folk art in the settlements that are part of the municipal district, the jurisdiction of the urban district - the creation of conditions for the development of local traditional folk art, participation in the preservation, revival and the development of folk arts and crafts in the urban district.

The law more broadly formulates and consistently expands the issues of local importance of the municipal district and the urban district in the field of health care, physical education and sports, recreation of the population. So, the jurisdiction of the municipal district, the urban district includes the organization of the provision of emergency medical care on the territory of the municipal district (with the exception of sanitary and aviation), primary health care in outpatient clinics, inpatient polyclinic and hospital institutions, medical care for women during pregnancy , during and after childbirth (inpatient polyclinic institutions were added to the initial version of the Law of July 18, 2006).

After the adoption of the 2003 Law, it became clear that municipalities cannot be limited only to the organization of medical care, they are able to solve health problems on a large scale. Therefore, by the additions of December 29, 2004, the creation, development and protection of medical and recreational areas and resorts of local importance in the territory of the municipal district were included in the number of issues of local importance for municipal districts and urban districts.

Issues of local importance are issues of direct support for the life of the population of a municipal formation, the solution of which is carried out by the population and (or) bodies and local self-government and affects the interests of each citizen.

At the settlement level, issues of local importance include issues of formation, approval, execution and control over the execution of the local budget, disposal of municipal property, maintenance and construction of highways, provision of housing to low-income citizens, provision of communication services, transport, public catering and household services to residents of the municipality. services, organization of leisure of the population, issues of improvement and landscaping of the settlement, removal of solid household waste and a number of other issues (Article 14 of the Federal Law).

At the same time, some of the issues, such as, for example, the organization within the boundaries of the settlement of electricity, heat, gas and water supply, wastewater disposal, supply of the population with fuel, are solved by residents of the municipality and local governments jointly, since it requires the involvement of specialized organizations.

Issues of organizing funeral services and the maintenance of burial places in settlements, organizing the collection and removal of household waste and garbage, the population has the right and can decide on its own.

The forms of direct participation of the population in the implementation of local self-government are considered in Chapter 3. of this manual.

The municipal district takes an active part in solving issues of local significance of settlements. In exceptional cases, issues of local importance have the right to be resolved by state authorities. Such cases include: the absence of local self-government bodies and the impossibility of their formation in connection with a natural disaster, catastrophe or other emergency situation, the unsatisfactory financial condition of the municipality or in the case of improper use of budget funds by the municipality. In addition, cases of violation of the Constitution of the Russian Federation, federal laws, laws of a constituent entity of the Russian Federation, and other normative acts, admitted by local self-government bodies, may become a reason for state intervention in the affairs of a municipal formation.

2. In accordance with subparagraph 14 paragraph 1 articles 16 Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation" dated 6 october 2003 year No. 131-FZ, the issues of local significance of the urban district include “the organization of the provision of emergency medical care (with the exception of air ambulance), primary health care in inpatient polyclinic and hospital institutions, medical care for women during pregnancy, during and after childbirth. " Please clarify what types of medical care are meant by the term "primary health care in inpatient polyclinics and hospitals."

In accordance with the Fundamentals of the Legislation of the Russian Federation on the Protection of Citizens' Health of July 22, 1993 No. 5487-I, primary health care includes: treatment of the most common diseases, as well as injuries, poisoning and other emergency conditions; medical prevention of major diseases; sanitary and hygienic education; carrying out other activities related to the provision of health care to citizens at the place of residence (Article 38). The procedure for rendering primary health care to citizens who have the right to receive a set of social services was approved by order of the Ministry of Health and Social Development of the Russian Federation No. 255 dated November 22, 2004. Currently, the Ministry of Health and Social Development of the Russian Federation is preparing regulatory legal acts, defining order of rendering primary health care and for other categories of citizens.

3. How can state powers be transferred to local governments?

Local self-government bodies may be endowed with separate state powers of a constituent entity of the Federation or a federal center. The decision to transfer powers and the procedure for their financing are fixed by law.

Most often, state powers are transferred to local governments in order to save money and more efficiently implement the transferred powers.

An example is the organization of extinguishing fires. As world practice shows, this function of the state can be more effectively implemented at the municipal level. Taking into account the modern transition of the fire service to the jurisdiction of the constituent entities of the Russian Federation and the demilitarization of fire departments, from 2008 they could be transferred to local authorities.

For the exercise of state powers, the municipality must receive subventions from the budget of the subject of the Federation or the federal budget, depending on the level of state powers delegated to it. In addition, the municipality can use its own funds to perform the transferred functions, but only if this is provided for by the charter of the municipality. In addition to financial resources, the necessary material resources should be transferred to local self-government bodies for use, management or ownership.

The municipality, in turn, is obliged to ensure the proper implementation of the powers delegated to it, for this it has the right to issue generally binding normative legal acts and monitor their implementation.

State authorities, for their part, are obliged to monitor the implementation of the transferred state powers, the use by local self-government bodies of the provided material and financial resources. In the event of violations by local self-government bodies, the state authority has the right to issue an order with the requirement to eliminate the violation.

In the event of further improper performance by local government bodies of the transferred state powers, government bodies have the right to exercise these powers independently.

4 . Bywhat local issues need to adopt regulatory legalacts?

The Federal Law approved a list of issues that require the adoption of regulatory legal acts at the level of settlements. These include:

1) approval, execution of the settlement budget and control over the execution of this budget;

2) the establishment, change and abolition of local taxes and fees of the settlement;

3) determination of the procedure for the possession, use and disposal of property that is in the municipal ownership of the settlement:

4) determination of the procedure for providing low-income citizens living in the settlement and in need of better housing conditions, housing premises, organization of construction and maintenance of municipal housing stock, creation of conditions for housing construction;

5) determination of the rules of transport services for the population within the boundaries of the settlement;

6) determination of primary fire safety measures within the boundaries of the settlements of the settlement;

7) determination of the procedure for the protection and preservation of cultural heritage objects (historical and cultural monuments) of local (municipal) significance located within the boundaries of the settlement;

8) creation of conditions for mass recreation of residents of the settlement and organization of arrangement of places for mass recreation of the population;

9) the establishment of rules for the collection and removal of household waste and garbage;

10) the establishment of rules for the improvement and gardening of the territory of the settlement, the use and protection of urban forests located within the boundaries of the settlements of the settlement;

11) approval of general plans for a settlement, rules for land use and development, approval of local standards for urban planning of settlements, organization of land control over the use of settlement lands;

12) the establishment of rules for the provision of funeral services and the maintenance of burial places;

13) implementation of measures to ensure the safety of people on water bodies, protection of their life and health.

At the level of the municipal district, several more can be added to the listed issues that require the adoption of regulatory legal acts: the organization of the provision of public and free general and secondary education, the organization of emergency medical care, the approval of territorial planning schemes for the municipal district, the approval of local standards for urban planning of inter-settlement territories, etc. ...

The normative legal acts adopted on the above issues establish the rules of conduct for the population of the municipality and organizations operating on its territory. The absence of a normative act on any of the above issues indicates the improper work of the deputies and the head of the municipality and may become the basis for the application of sanctions in relation to local governments.

Non-adoption at the municipal level of normative acts on the approval and execution of the local budget, the establishment of local taxes, the procedure for the possession, use and disposal of municipal property, the general settlement plan, the rules of land use and development, the normative legal act on the approval of local standards for urban planning of settlements, the organization of improvement and landscaping the territory of the settlement may even call into question the very existence of the municipality.

An important issue for the municipality is which of the local self-government bodies should adopt this or that regulatory legal act by the head of the municipal formation or the representative body of local self-government. This distinction should be established by the charter of the municipality, although some of the functions have already been distributed by the existing law. However, it is worth paying attention to the fact that most of the issues of local importance are regulated by federal legislation, and it plays a decisive role in law enforcement practice.

For example, the execution of the settlement budget must be carried out in accordance with the requirements of the Budget Code of the Russian Federation. The disposal of the property in the municipal ownership of the settlement is carried out on the basis of the norms of the Civil Code of the Russian Federation, the Water Code of the Russian Federation, the Land Code of the Russian Federation, the Law of the Russian Federation of February 21, 1992 No. 2395-1 "On Subsoil" (as amended by Federal Law No. 27-FZ of March 3, 1995) and other laws that determine the legal status of municipal property. The organization within the boundaries of the settlement of electricity, heat, gas and water supply to the population, water disposal, supply of the population with fuel are regulated by federal laws dated March 26, 2003 No. 35-FZ "On the Electricity", dated April 14, 1995 No. 41-FZ "On state regulation of tariffs for electricity and heat in the Russian Federation ", dated March 31, 1999 No. 69-FZ "O gas supply in the Russian Federation ”.

The procedure for the maintenance and construction of public roads, bridges and other transport engineering structures within the boundaries of settlements is established by the Federal Law of December 10, 1995 No. 196-F3 "On road safety", regulatory legal acts of the Government of the Russian Federation and other federal executive bodies authorities, as well as legal acts of the constituent entities of the Russian Federation.

5. On what issueslocal importance is necessaryacceptlegal acts,not havingregulatory content?

Very often, to resolve issues of local importance, it is necessary to adopt law enforcement acts. Almost all issues of local importance can be attributed to such cases, with the exception of the moments of approval of the municipal budget and control over its implementation or the establishment, change and cancellation of local taxes and fees of the settlement and some other individual cases.

For the most part, the issues of local importance on which the adoption of law enforcement acts is required coincide with those issues of local importance on which it is necessary to adopt normative legal acts. And this is no coincidence. A mechanism for the implementation of one or another normative legal act is needed, and a law enforcement act acts as such a mechanism.

6. We ask you to clarify whether it is the responsibility of local governments to create a municipal fire department, as well as to disclose the content of primary fire safety measures.

In accordance with Article 19 of the Federal Law of December 21, 1994 No. 69-FZ "On Fire Safety" (hereinafter - FZ No. 69-FZ), the powers of local authorities in the field of fire safety include only the provision of primary fire safety measures within the boundaries of populated areas. settlement points. Analysis of the text of Federal Law No. 69-FZ (Articles 10, 11.1, 12.1, 13 and 19) does not give grounds to consider the creation of a municipal fire brigade mandatory for municipalities. The municipal fire brigade can be created as voluntary in the manner prescribed by article 13 of the Federal Law No. 131-ФЗ.

The content of the concept of "primary fire safety measures" is disclosed in Article 1 of the Federal Law No. 69-ФЗ, according to which they are understood as "the implementation of the established rules and regulations for the prevention of fires, the rescue of people and property from fires, which are part of a set of measures for organization of fire extinguishing ". According to Article 19 of the Federal Law No. 69-FZ, the issues of organizational and legal, financial, material and technical support of primary fire safety measures within the boundaries of settlements, settlements, urban districts are established by regulatory acts of local government bodies. One of such primary fire safety measures may be the above-mentioned creation of a voluntary fire brigade in the municipality. As follows from Article 13 of the Federal Law No. 69-ФЗ, participation in voluntary fire protection is a form of socially significant work established by local government bodies of settlements and urban districts. The decision to involve citizens in the performance of socially significant work is taken by local governments in accordance with part 2 of article 17 of the Federal Law No. 131-FZ.

7. What powers have been given to local governments to resolve issues of local importance?

Local self-government bodies have been given a number of powers to resolve issues of local importance. The main ones are:

1) the adoption of the charter of the municipal formation, the publication of municipal legal acts;

2) the creation of municipal enterprises and institutions, financing of municipal institutions, the formation and placement of municipal orders;

3) setting tariffs for services provided by municipal enterprises by institutions;

4) the adoption and organization of the implementation of plans and programs for the integrated socio-economic development of the municipal formation:

5) implementation of international and foreign economic relations.

In addition, local self-government bodies of settlements and urban districts have the right, on a voluntary basis, to involve citizens in the performance of socially significant work. For example, in the case prevention and elimination of the consequences of emergencies, ensuring primary fire safety measures or creating conditions for mass recreation of residents of the settlement and the organization of arrangement of places for mass recreation of the population. On a voluntary basis, the population can be engaged in landscaping and gardening of the territory of the settlement.

Federal law specifically notes that the powers of local self-government bodies to resolve issues of local importance are exercised independently.

8. How are disputes of competence between local governments resolved?

Disputes may arise between settlements and municipal districts about the competence of local authorities of one level or another in resolving certain issues. Since there is no mechanism for considering such situations in federal legislation, it must be spelled out in the legislation of a constituent entity of the Russian Federation. And the task of resolving disputes should be assigned to the judicial authorities, in particular, to the Constitutional (charter) court of a constituent entity of the Russian Federation. Another option may be conciliation procedures organized by the highest official of the subject of the Federation or carried out by local self-government bodies independently. Permanent meetings and working groups can serve as forms of conciliation procedures.

9. What local authorities should doself-government, in caseifthey cannot resolve the issue on their own?

In practice, quite often there are situations when local self-government bodies of settlements, for one reason or another, cannot independently solve the tasks they face.

In this case, they have the right to conclude agreements with local self-government bodies of the municipal district on the transfer of part of their powers, while the settlement must guarantee the municipal district subventions from its budget for the implementation of these powers.

The agreement between the settlement and the district must stipulate the terms of the transfer of authority (the term of the agreement), the grounds and procedure for terminating the agreement, including early termination, the procedure for determining the annual volume of subventions, and financial sanctions for non-performance of the agreement.

In addition, the agreement must clearly and clearly indicate which authority is transferred from one municipality to another.

On the other hand, some of the issues of local importance attributed to the jurisdiction of settlements can be more successfully resolved at the level of the municipal district. Such a power, for example, can be the organization of collection and removal of household waste and garbage or the creation of conditions for organizing leisure time and providing residents of the settlement with services and cultural organizations.

In this case, a similar agreement is concluded between the settlement and the municipal area.

10. How is the responsibility of local self-government bodies established for non-fulfillment or improper fulfillment of their own legal acts?

The right to establish administrative responsibility for violation of regulatory legal acts of local self-government bodies is assigned to public authorities of a constituent entity of the Russian Federation.

Such laws have been adopted in almost all constituent entities of the Russian Federation. At the same time, as a rule, a significant part of the norms containing administrative responsibility has a reference to the rules or procedures established by local government bodies. So the implementation of regional laws on administrative offenses directly depends on the activities of local governments. The responsibility of the municipality is attracted by the administrative commissions formed by the local self-government bodies, and the protocols on the commission of an administrative offense are drawn up by the officials of the local self-government bodies, determined by the municipal legal act.

Local self-government bodies are obliged to independently determine how the persons authorized to draw up protocols on the commission of administrative offenses are appointed, as well as the question of who forms the composition of the administrative commission. In this regard, an appropriate municipal legal act must be adopted. In addition, at the settlement level, administrative inspectorates can be created, which also have the right to draw up protocols on the commission of an administrative offense. This issue is especially relevant in settlements where there are not enough municipal employees to carry out such a voluminous work.