LawState and Law

The official of local government is who? Bodies and officials of local self-government

Local self-government (LSG) in Russia solves problems and problems of local territorial importance. A special structure of representative bodies is in place to carry out the relevant decisions. The principles of creating such bodies are laid by constitutional norms. And yet, the primary sources of local self-government power are officials, citizens, trade unions and colleges, from which representative bodies are repelled in their work .

General information on LSG bodies

The structure of self-government is formed by several representative bodies, among them the administration, the head, the deputy corps, control and accounting institutions, etc. Depending on the charter of a particular entity, secondary authorities may be allocated to solve certain tasks for their own purposes. And, on the other hand, there are mandatory bodies and officials of local self-government - the technology of their structuring is the same for most municipal structures. In this list, it is possible to identify the head of education and the administration as an executive body.

Has its own nuances and the order of distribution of powers. For example, the charter of a district and a settlement, which is the center of management of a municipal district, may well provide for the expansion of the powers of this body. That is, the formation of the local district administration will be carried out in such a way that the administrative center will also be endowed with the powers of the governing body of the said settlement. In such cases, the settlements themselves do not have their own administrative centers, and their local head is introduced into a representative municipal body and further acts as its chairman. As can be seen, local regulations can adjust the standard procedure, according to which the bodies of state power of local self-government, officials and administrative centers are formed. But, for example, the organization of accountability, the establishment of terms of office, control and other issues of the basic organization are determined only by the law on subjects of the Russian Federation.

Local administration

Immediate solution of local problems is the administration. This body is administrative and is vested with sufficient powers to perform certain state tasks, which are transferred to the authorities by decrees and laws of the Russian Federation. From a legal point of view, the local administration is a jur. A person, that is, endowed with all his rights. Within certain limits of its powers, the administration can engage in the formation of the power of local self-government, officials and governing bodies. However, the composition of the local administration is formed by the municipality, and on the proposal of its head.

In turn, the head may be appointed by the representatives of the competitive commission. This is also, in a sense, an organ that allows to form the administrative structure of the administration. It should be noted that in municipal districts, municipalities and formations with intra-federal structuring of the federal level, at least the main part of the commission's representatives will be appointed by the municipal authorities. The second part of the representatives of the commission is formed by the highest official in the specific subject. If it is a question of intra-urban territorial objects, then one part of the election commission will be appointed by bodies and officials of local self-government, and the second - the administrative center of the district center or district.

What are LSG positions?

The above-mentioned head of the administration, the head of the municipal formation and deputies should be referred to directly officials in this structure. Depending on the status, they receive a certain set of powers and bear responsibility within the limits established by law. In any case, a local government official is a contracted person or an elected person who has executive and administrative powers to solve local problems. In some cases, an official may participate in the formation of individual LSG bodies. As already noted, they can represent members for the competitive commission. Also there is a post of deputy on the position of LSG.

Elective offices presuppose the election of a person to a specific place on the basis of electoral law. Elections take place in the process of secret voting. An alternative to this method of holding a post is the appointment of a representative body or a competitive commission. As for the contractual basis, usually in this format, officials of local self-government of the Russian Federation who occupy the posts of heads of local administration work. The duration of the contract is determined by the local municipal authority, but for a period of not less than 2 years.

Head of the municipality

This is the highest post in the structure of the municipal formation, endowed with its own list of powers under the law on subjects of the Russian Federation. The head may be elected in the framework of municipal elections by representatives of the competitive commission or representatives of one of the local LSG bodies. In small inner settlements included in urban infrastructure, the key official of local government is, in effect, the head of the administration appointed by the citizens' gathering. If elected at the municipal level, the head is included in the representative composition of the municipality and acts as its chairman. However, this person can not perform the functions of the head of administration and the chairman of the municipality at the same time.

It is important to take into account that not every citizen can be elected to the position of chairman in a municipal formation. It should be a citizen of the Russian Federation, who at the time of election meets the requirements of law N 171. If the election is held by a competitive commission, then at least two candidates must be registered. Also, the conditions of the competition may include requirements for professional skills, for which a potential local government official will be assessed. The law under number N 171 allows the possibility of justifying the choice of a candidate based on the criteria for the availability of education and knowledge, preferable to a position in the local government system.

Deputies in LSG

A deputy is an elective office, which is provided with conditions for the unhindered exercise of direct powers. The term of election in this case is chosen by the local municipality, but it should vary within 3-5 years. The law on subjects of the Russian Federation provides for the possibility of changing the term of office of deputy duties, powers and even the procedure for elections. But this applies to deputies who are elected. And here it is important to divide the status of this post into two types. As a rule, a deputy is an elected official of local self-government, who performs a regular function within the framework of the charter. But also it can be represented as a member of the deputy corps representing the municipality, which on a non-permanent basis implements its powers.

It should be emphasized that any powers of a deputy are guaranteed in different degrees by the charter of the local municipality. In addition, under the law, social guarantees can also be established as a supplement - for example, related to the termination of powers. Especially the expansion of guarantees concerns cases when the powers of a local government official end prematurely. In the process of fulfilling their duties, deputies are ordered to observe prohibitions and restrictions, which are specified in law N 273-FZ. In particular, this concerns anti-corruption measures.

Powers of Officials

As for the deputies, their powers are guided by the provision of opportunities to represent the interests of local residents in the Duma. As part of their activities, they conduct the reception of voters, organize meetings with representatives of the public, trade unions, labor collectives, etc. On the other hand, the deputy also represents his LSG body before voters within his district. The head of the municipal formation has more powers. First of all, it also represents the self-government body, but already in relations with other municipalities and authorities. He can act without authority on behalf of his municipality. Together with this, the powers of officials of local self-government bodies who are on the heads of the heads permit the signing and promulgation of documents by normative acts that were adopted by the center of the municipality. Within certain limits, he can also issue his own acts. If necessary, the head of the local government also has the right to convene unplanned meetings of the municipality body to resolve extraordinary issues at the local level. Powers of heads of self-management and deputies stop at the moment of election on these posts of other persons.

Responsibility of local government officials

Both the management structures of LSGs and individual officials, if they deviate from the norms established by the law and statutes, may be liable to varying degrees. As for the grounds, they are based on the charter of a particular education, which is regulated by the law on subjects of the Russian Federation. In the framework of statutory standards, for example, the population of a municipality can recall a deputy or faction. Under the same scheme, responsibility of bodies and officials of local self-government in relation to state structures is ensured, only in this case the quality of execution of direct instructions from the highest authorities also matters. Their violation can become a reason for bringing to responsibility within the law. If the relevant court determines that a representative body, for example, has adopted an act that is contrary to the laws of the Russian Federation or a local statute, then the supreme head of the executive apparatus may dissolve this body. This means that the responsibility of the bodies and officials of local self-government is to a large extent determined by the quality and conscientiousness in the exercise of authority. But it is also necessary to take into account the time frame in which decisions about responsibility are made. For example, after the issuance of a legal act that is contrary to law, an official or self-government body can avoid liability if within 3 months the document is abolished.

What issues does local government solve?

It has been noted more than once that officials and local self-government bodies are engaged in solving local problems. However, their nature may differ depending on many factors. The most common issues can be referred to the consideration of budgets, their approval, execution and expenditure control. By the way, there is a responsibility of bodies and officials of local self-government, coming when fixing violations in the conduct of accounting activities. Here it is worth noting the establishment and correction of the tax collection system, which has its own peculiarities depending on the region.

Some issues relate to the disposal of property that is owned by a particular entity. Local authorities also deal with the problems of organizing engineering and communication networks - gas, heat, water, etc. Road activities are also within the framework of local government - at least on the adjacent sections of the routes. Depending on the hired or elected official, local government or other management structure, the commissioners should monitor the condition and use of roads within the boundaries of managed settlements.

Citizens' meeting as an instrument of self-government

Ordinary citizens can also take an active part in the activities of self-government, and not only through elections. Within the framework of the law, a format for civil gatherings is provided, which can be held in several cases. For example, the reason for such a collection may be the issue of correcting the boundaries of the settlement, which includes a particular locality. This is especially true when the question is raised about the transition of a settlement or a district from one formation to another. Also, in settlements with a population of no more than 100 people, the issue of the abolition of the settlement, provided that there is a subsequent resettlement of citizens, can also be resolved. What's more, the meeting does not need to have legal force. The will of the meeting can be held by the elected official of local government - it can be the same deputy who will reflect the agreed decision at the next Duma meeting. If it is planned to give a legal status to the decision taken by the gathering without the participation of intermediaries, the law prescribes as a condition that more than half of the members of the assembly should have the right to vote as residents of the specified settlement. In addition, the decision will be eligible if more than half of the participants at the meeting vote for it.

It is worth noting and another form of decision-making - at the local level, a tool such as a referendum can very well be used. To implement it, it is also necessary to have a sufficient number of local residents, who at the same time have voter status. The decisions themselves should not contradict the laws, as well as the current charter of the municipal formation. And, again, the option of carrying out the initiative through the deputy is not excluded.

Conclusion

The laws clearly define the standards and procedures for the implementation of self-government, as well as the formation of its structure. But there is also room for correcting individual rules based on the specifics of local conditions and current circumstances. Especially for such cases, statutes are drawn up, fully compiled by local self-government bodies, of course, with an emphasis on the Constitution and the laws in force. Opportunities for an individual approach to the implementation of administrative activities, for example, can be expressed in setting deadlines for which a local government official is elected - this may well be 2 years and 5 years. The choice of a specific period will be determined by the state of the economic part, personnel policy, etc. Moreover, for individual entities, even at the legislative level, special conditions for the organization of self-government are prescribed. Such rules apply, in particular, for science cities, closed administrative and territorial centers, border areas, etc. Moreover, the correction of the same charter in such cases determines not only the normative approach to the organization itself of the formation of bodies and officials in the structure of the municipal entity, but also individual Provisions from the point of view of carrying out the strategy of economic activity. However, there are also general mandatory standards of municipal government, which cover specific regions.

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