LawState and Law

Municipal Law

Municipal law, like any other industry, is a set of interrelated norms of law that regulate and consolidate a specific range of social relations. The basis is constitutional and administrative law. The principles of functioning of any local government (that is, local authorities) are based on them. You can also observe a lot of borrowing from other industries. Municipal law is a relatively independent scientific discipline. Included in the program of all legal courses. Studying it for law students is a must.

Concept and subject of municipal law.

The main condition for the development and formation of municipal law is objective certainty. Municipal law, of course, has its own subject. It is a question of social relations that are formed in the sphere of local government. There are certain circumstances that need to be taken into account when determining the subject matter. First of all, to such circumstances it is necessary to attribute the fact that this branch of law has a complex character, the connection with other branches is obvious. For example, constitutional and municipal law have a direct link, which is to subordinate the second provision prescribed in the first.

The subject of municipal law, one way or another, includes those relations, which in most cases are regulated in a complex way - that is, immediately by several branches. In this regard, part of the norms of all kinds of industries is the norms of municipal law. In general, it regulates the system of relations private law and, of course, publicly legal nature. In the first case, everything is connected with the entrepreneurial activity of various kinds of municipal enterprises, the relations of legal entities and individuals with local self-government bodies.

Public-legal relations are related - this is the interaction of municipal and state government bodies. Municipal law is considered to be a collection of various kinds of legal institutions that have a complex character, that is, they regulate a variety of social relations. Also, municipal law is understood as the set of norms and institutions that arose in the process of lawmaking of municipalities, the Russian Federation and its subjects. Municipal law most fully reflects the interests that are formed and regulated at all levels of public authority, control the interaction of these levels, check the correlation of interests.

In general, this branch of law regulates social relations, which can be divided into several groups:

- emerged when the organs of municipal government acted as an institution of democracy;

- emerged when individual citizens or local self-government was engaged in the realization of law ;

- emerged due to the actions of some local government ;

- arisen, as a result of the actions of persons having official powers granted by local self-government bodies.

Also, it is necessary to take into account the relations that arise when local self-government interacts with public authorities, or in the process of intermunicipal cooperation.

Municipal law and its sources

Of course, the first in the list is the Constitution of the Russian Federation. On the second place - international treaties of the Russian Federation, followed by numerous federal laws, decisions of the Government of our country, presidential decrees. Also to the sources include municipal legal acts, decisions taken at meetings. The judicial and contractual sources of this right are still known.

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