The subject and methods of municipal law. System of municipal law

Most of the settlements in Russia have local authorities, which have a fairly wide range of powers in terms of implementing the directions of socio-economic development. There is a separate branch of legislation that regulates this process - municipal law. What are its features and structure?

Definition

Before talking about what the methods of municipal law are, we will define the main subject of the topic we are studying. The term in question is quite new for Russian jurisprudence. And therefore, in order to understand its nature, it will first be useful to know what the word "municipal" means. It has a Latin origin: municipium is, if we follow a common interpretation, a community that governs itself. Thus, the municipality is a kind of socio-political entity (city, rural settlement, district) endowed with the functions of self-government.

The concept of the municipality was practically not widespread in Soviet legal science. Local government in one way or another was carried out within the system of councils, which was quite strictly verticalized. There were not so many local authorities in cities and districts. Therefore, the municipal law of the Russian Federation, as many researchers believe, is still undergoing a stage of development. Although, as many experts note, our country - in terms of the development of relevant political institutions - is making significant strides in this direction. In Russia there are municipal budgets and legislation. Local socio-political entities in the Russian Federation have, on the whole, considerable independence in making key decisions in the aspect of self-government.

What is municipal law? Just note - you can understand this term in several ways. As part of the first, it can be understood as a branch of law that regulates the relations of actors at local levels, that is, in processes reflecting the mechanisms of self-government. Another interpretation of the term implies understanding under it the academic discipline. The third - respectively, the scientific direction - in jurisprudence. At the same time, all three interpretations are interrelated. The fact is that they are united by the main subject of municipal law - social relations that arise during the implementation of the administrative function of self-government. In each interpretation, this aspect is affected in one way or another.

Subject

Before us is the task of studying the municipal law in detail in the first interpretation. How does it differ from other branches of legislative regulation? First of all, there is a special subject and specific methods of municipal law as a branch of law. Consider the relevant categories in more detail.

The essence of the subject we, in principle, stated above is a complex of social relations that arise in the process of realizing the functions of local self-government. At the same time, it is possible to structure this definition somewhat. The fact is that the concept of "subject", "method of municipal law" - complex phenomena. How is it shown? On the example of the subject, it can be said that several basic structural units form it. First, these are subjects of municipal law - people, officials, collectives, organizations, etc. Secondly, these are the actions of persons participating in the process of self-government. Thirdly, these are subjects of mutual relations of subjects of municipal law. Some experts also highlight the fourth structural element of the subject matter of the relevant branch of law - public events, which form factors for the emergence of relationships at the local government level.

Method

The method of the branch of municipal law, as well as the analogous component of other spheres of legislative regulation, is a method by which a certain subject influences an object under his control or interacts with a similar structural unit. Thus, as such, the individual methods involved in municipal law, in practice, quite a lot. Therefore, to list them all is not very appropriate. We will single out only their main categories.

Dispositive and imperative methods

In particular, the basic methods of municipal law are imperative, dispositive. Which of them prevails in the relevant branch of legislative regulation? There is an opinion that, since local government is generally a public institution, then for him, imperative methods are more characteristic. Their essence lies in the fact that, firstly, inequality is supposed between the subjects forming relationships, and secondly, there are rules and norms that are mandatory for implementation, usually at the level of laws.

As a rule, the system of municipal law includes the following basic peremptory methods. First, this is a prescription. Its essence - in the establishment of norms and algorithms of actions addressed to the subjects of legal relations, the violation of which (or a marked deviation) would be contrary to the law. Secondly, this is a ban. Its essence lies in the establishment of restrictions on actions that the subject of legal relations can exercise in the presence of mechanisms of responsibility.

Dispositive methods of municipal law, in turn, are also divided into several varieties. Firstly, this is permission. Its essence lies in the fact that subjects of legal relations are given equal opportunities in the aspect of accomplishing certain actions (as well as making decisions about not producing any activities). Permission may be specific. In this case, the subject can choose an action from the proposed spectrum. Perhaps also an indefinite permission - when a subject can do what he desires. Secondly, this is an agreement. This method of legal regulation of municipal law assumes that two subjects should come to a common understanding on a certain issue. Third, these are recommendations. This method implies that subjects of legal relations have some desirable behavioral models from the point of view of the legislator. Fourth, this is a promotion. Its essence: if the subject of legal relations chooses a certain model of behavior, then he can count on certain preferences and benefits from the legislator.

According to some experts, there is also another method that contains municipal law as a branch of law. This is a mechanism of guarantees. But the essence of this method, mainly characterizes the relationship is not so much the subjects localized within the municipality, as the most socio-political unit engaged in self-government, and the state. The main idea here is that federal or national authorities guarantee the municipality the right to exercise the appropriate powers.

Municipal law as a system

According to modern lawyers, municipal law forms a separate system of norms and relations. Even with a relatively young configuration of the state structure in Russia in Russia, this pattern is also present. The system of municipal law is a complex phenomenon. The following main components are distinguished in its structure.

First, these are democratic mechanisms that shape the process of local self-government. At this level, the main subjects of legal relations are determined. Secondly, these are the resources of local self-government - budgetary, territorial, personnel, etc. At this level, as a rule, the potential for the commission of certain activities by legal entities is determined. Thirdly, it is the powers of local authorities. At this level, it is largely determined which methods of municipal law can be applied in a preferential manner.

Legislative sources

Municipal law as a branch of law implies the existence of appropriate legislative sources that form a set of norms that capture and regulate relations between subjects of self-government. Among these can be constitutional sources, federal, regional and local laws of the Russian Federation, presidential decrees, government resolutions.

Sources of local law are classified by lawyers into two main groups.

Types of normative acts

First, these are, as such, normative acts, which are unilateral, volitional orders addressed to all or some subjects of legal relations, officials. This type of sources, in turn, is divided into systematized, representing a set of legal norms that affect key issues common to most subjects, as well as to sectoral ones, those that regulate processes in individual segments. Some lawyers prefer to subdivide normative acts based on their legal nature. In particular, sources can be published by parliaments of municipalities or be subordinate legal acts issued by executive bodies. There is one more criterion for classifying normative legal acts - the level at which they are adopted. The source of the law can be issued by the federal authority, regional, municipal or through one of the direct democratic institutions - referendum, people's assembly.

Secondly, these are municipal legal agreements. They are contracts that govern the level of authority of municipalities in relation to governance at the level of government. Of course, the nature of normative and legal acts of the second type largely determines the essence of the former. In order to effectively manage a certain area, the municipality must have the appropriate authority. If, say, a city or a district authorities select the right to solve issues related, for example, to the sphere of education, then the local regulatory acts governing the relevant industry, the municipality will not develop in principle.

There is a criterion for classifying norms, proposed by some researchers, depending on the level of their impact on processes. Under this concept, regulation is carried out at the following main levels.

First, these are the legal norms that fix the position of municipal authorities in the national political system, determine the structure of government bodies in local socio-political units. This can be constitutional sources, federal laws and by-laws. Experts also refer to this category of normative acts those that reveal the essence of terms related to municipal law.

Secondly, these are the legal norms that fix how key institutions of power should be formed within municipalities - through elections or appointments, how long officials perform their functions, what powers they have, and what their subjects are.

Thirdly, these are the norms of the guaranteeing type. Above we said that such a method of legal regulation of municipal law as a guarantee. This is, in most cases, national or regional norms that reflect the independence of local authorities in the aspect of functioning of key local political institutions - parliament, executive bodies, courts.

There are also rules that fix the responsibility of local authorities and officials. Municipalities can be accountable to their own citizens and the state as a whole. In some cases, the law determines the mechanisms of responsibility of local authorities also to organizations.

Objectives of municipal law

We studied the essence and basic methods of municipal law. Consider now a different nuance - the goals that determine the need for the functioning of institutions of legislative regulation of local government. And also the tasks corresponding to them.

First, we will study what is the main goal of establishing the institute of municipal government. According to a common point of view, it consists in raising the level of life support for citizens living in a local socio-political unit - a city, a district, a rural settlement. With respect to this purpose, there are a number of key tasks, such as, for example, the development of social infrastructure, the local economy, nature conservation, improvement of the employment system, etc. In order for these tasks to be accomplished and thus achieved, local authorities are involved Control mechanisms. Actually, their legal support is determined by the specifics of the system of municipal law. Thus, the main goal of municipal law is the legislative support of the activities of local authorities, the legitimization of management procedures.

Municipal law and other spheres of regulation

How does municipal law compare with other segments of the law? According to many lawyers, the industry in question refers to the category of additional. The subject and method of municipal law, therefore, are secondary to similar phenomena for other segments of the law. They appeared as a result of evolutionary changes in the mechanisms of local self-government. Interacting with the municipal industry rights - constitutional (it determines the key principles that affect the mechanisms of self-government), administrative, civil, labor, financial and others.

If we talk about constitutional law, it is largely responsible for the level of authority that local authorities have. Above we have named, listing the methods of municipal law, the method of guarantees. It is largely based on the operation of constitutional provisions. Administrative law is also one of the most closely related industries in relation to the municipal one. What is the reason for this? The fact is that one of the key features of local authorities is administrative personality. That is, city halls, city councils and other power structures at the municipal level can use administrative legislation in their work, impose appropriate penalties on citizens or officials. Civil law, in turn, also closely interacts with the municipal one. The main area of their relationship is the statutory provisions of laws that define the civil-legal status of a socio-political unit, as well as the specific governing bodies in which it is established.

Municipal Law as a Science

We have indicated above that the term "municipal law" can also mean scientific discipline. Let's study this aspect as well. Municipal law is a field of legal science. In Russia, according to many experts, it was separated into an independent segment in the 90s. Although the problems associated with the processes of local self-government have a long history. The prototypes of modern municipalities existed in the Russian Empire, some similarities with those of the Soviets in the USSR - the relevant historical experience of modern researchers of law is also taken into consideration. Moreover, the key sources reflecting the essence of the relevant industry, which influenced the criteria that enabled modern researchers to identify the subject and method of municipal law, in many Russian law schools are books published exactly in the Russian Empire. At the same time, scientists of pre-revolutionary time, as experts believe, did not identify the industry in question as an independent scientific discipline. The corresponding problems were mainly touched upon when using the methods of state, as well as administrative law.

As we said at the beginning of the article, in the USSR municipal processes in the modern sense were virtually absent. However, Soviet scientists have also formed a valuable experience for Russian researchers in the aspect of studying the problems associated with the activities of subjects of legal relations at the local level. What methods of municipal law as science are used by modern Russian scientists? As a rule, they are divided into general scientific - such as dialectics, concretization, system method, and special - this is statistics, historical and legal analysis, normative and logical research, etc. The corresponding tools of Russian researchers are constantly being improved.