A special role in the system of local self-government is played by the institutions of direct democracy, which allow the population of a certain territory to directly participate in resolving issues of local importance. Institutions of direct democracy are forms of local self-government.

Forms of local self-government should be understood organization of the local government system, i.e. channels, structures, bodies through which local power is exercised and issues of local importance are resolved. These include forms of direct and representative democracy through which democracy is exercised.

There is a close organizational and legal relationship, interaction and interdependence between all forms. All of them in various ways and methods essentially solve the general goals and objectives of local life. Therefore, in their totality, these forms constitute a unified system of local self-government in a municipality. However, such unity, as O. E. Kutafin rightly emphasizes, exists only within the framework of a specific municipal entity and, unlike state power, does not constitute a unified system of local self-government within Russian Federation. Each system of local self-government, having a common legal basis, functions independently and independently of others; the subordination of one municipal entity to another is not allowed.

The forms of organization and implementation of local self-government are one of the central issues of a larger problem, namely, municipal construction. The issue of forms of local self-government is regulated by international legal documents and Russian legislation.

The European Charter of Local Self-Government states that the right to local self-government is exercised by councils or assemblies consisting of members elected by free, secret, equal, direct and universal suffrage. Councils or assemblies may have executive bodies reporting to them. This provision does not exclude recourse to citizens' meetings, referendums or any other form of direct participation of citizens, if permitted by law.

The Declaration of Principles of Local Self-Government in the Commonwealth member states enshrines the right of territorial communities to resolve all issues of local importance through local government bodies elected by them or directly. These rights are guaranteed by constitutions and current legislation.

The Constitution of the Russian Federation, enshrining in Art. 3 forms of democracy in our country indicate that the people exercise their power directly, as well as through state authorities and local governments.

Expanding the forms of local self-government, Art. 130 of the Constitution of the Russian Federation establishes that it is carried out by citizens through a referendum, elections, and other forms directly from the expression of their will, through elected and other local government bodies.

The forms of implementation of local self-government are enshrined in the Federal Law "On general principles organizations of local self-government in the Russian Federation", other federal laws, constitutions, charters, laws of constituent entities of the Russian Federation, charters of municipalities.

Direct forms of local self-government include forms of direct expression of the will of citizens to exercise local self-government, enshrined in Chapter. IV Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation", namely:

v local referendum;

v municipal elections;

v meetings (gatherings) of citizens;

v people's law-making initiative;

v citizens' appeals to local government bodies;

v territorial public self-government;

v other forms of population participation in the implementation of local self-government.

Question 2. Local referendum.

A local referendum can be held throughout the territory of the municipality. The decision to call a local referendum is made by the representative body of the municipality:

1) on an initiative put forward by citizens of the Russian Federation who have the right to participate in a local referendum;

2) on an initiative put forward by electoral associations, other public associations whose charters provide for participation in elections and (or) referendums and which are registered in the manner and within the time limits established by federal law;

3) on the initiative of the representative body of the municipality and the head of the local administration, put forward jointly by them.

The condition for calling a local referendum on the initiative of citizens, electoral associations, other public associations,

is the collection of signatures in support of this initiative, the number of which is established by the law of the constituent entity of the Russian Federation and cannot exceed 5% of the number of referendum participants registered on the territory of the municipality in accordance with federal law.

The initiative to hold a referendum put forward by citizens, electoral associations, and other public associations is formalized in the manner established by federal law and the law of a constituent entity of the Russian Federation adopted in accordance with it.

The initiative to hold a referendum, put forward jointly by the representative body of the municipality and the head of the local administration, is formalized by legal acts of the representative body of the municipality and the head of the local administration.

The representative body of the municipal formation is obliged to call a local referendum within 30 days from the date the representative body of the municipal formation receives the documents on the basis of which the local referendum is called.

From the point of view of respecting the right to participate in a referendum of citizens of the Russian Federation and, we repeat, technological effectiveness, the procedure for initiating a local referendum raises doubts. Just like the procedure for putting forward a local referendum initiative in general, it does not comply in terms of timing with the procedure established in Art. 36 of the Law on Guarantees (70 days versus 30). Moreover, an essential condition for calling a referendum is the creation of an initiative group (“group of voters”), and this, according to the Law on Guarantees, which will be applied in this case, can take up to 50 days. Most of the named period is allocated for the procedure with the participation of election commissions or government bodies, which means that the fate of the referendum will depend on them. Not to mention the fact that the appointment of a referendum to the initiative group may be denied on formal grounds provided for in Art. 36 of the Law on Guarantees. What to do in this case, the Law on Local Self-Government is silent.

If a local referendum is not appointed by the representative body of the municipality within the established time frame, the referendum is appointed by the court on the basis of an appeal from citizens, electoral associations, the head of the municipality, government bodies of the constituent entity of the Russian Federation, the election commission of the constituent entity of the Russian Federation or the prosecutor. A local referendum appointed by the court is organized by the election commission of the municipality, and ensuring its holding is carried out by the executive body of state power of the constituent entity of the Russian Federation or another body entrusted by the court with ensuring the holding of the local referendum.

Citizens of the Russian Federation whose place of residence is located within the boundaries of a municipal entity have the right to participate in a local referendum. Citizens of the Russian Federation participate in a local referendum on the basis of universal, equal and direct expression of will by secret ballot.

The decision adopted at a local referendum is subject to mandatory execution on the territory of the municipality and does not require approval by any government bodies, their officials or local government bodies.

Local self-government bodies ensure the implementation of the decision adopted at the local referendum in accordance with the division of powers between them, determined by the charter of the municipality.

The decision to hold a local referendum, as well as the decision taken at the local referendum, can be appealed to judicial procedure citizens, local government bodies, prosecutors, government bodies authorized by federal law.

Thus, it should be said that a local referendum is a direct form of expression of the will of the population. However, due to its organizational complexity, which causes a number of difficulties, it is rarely used in the Russian Federation.

Forms of direct democracy in the system of local self-government should be understood as groups of relations that develop between residents of a municipality, on the one hand, and local government bodies and officials, as well as government bodies, on the other, during elections, local referendums, gatherings, meetings , conferences, surveys, public hearings, rallies, demonstrations, etc.

All forms of direct democracy constitute the social basis of local self-government and in this regard are constituent elements institutions of municipal law. In any case, one of the parties in direct democracy is citizens, residents of the municipality.

As a result of the use of the forms indicated in the laws, by expressing their will, citizens exercise their power and form bodies, which then also exercise power functions. Consequently, the social basis is mainly revealed through forms of direct democracy, which will be discussed later.

Local referendum

For the first time in our country, the term “local referendum” as an element of the local government system received legislative consolidation in Art. 2 of the USSR Law “On the General Principles of Local Self-Government and Local Economy in the USSR.” Then he found confirmation in Art. 2 of the Law of the Russian Federation “On local self-government in the Russian Federation”.

The concept of “referendum” (from Latin referendum) is a direct expression of the will of citizens, carried out by voting on various important issues of public life. Referendums in scale can be national, covering the entire country, or local, spreading over a certain part of the territory.

The will of the entire people finds its expression in solving the most important issues of public life in national referendums. Citizens living on the territory of a municipality express their will through a local referendum. It should be noted that the scope of powers of referendums varies. Thus, at a national referendum in 1993, the multinational people of Russia adopted the Constitution of the country. Only the people of the entire country have the right to solve this problem. As for local referendums, they are of a local nature and are limited to solving problems of local importance.

Legislation uses various definitions the concept of “local referendum”.

The Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” (1995) (Article 2) defines a local referendum as a vote of citizens on issues of local importance. Here, the range of influence of the referendum is limited to issues of local importance. However, the word “important” is not used, as in the previous Law.

The Law “On General Principles of Organization of Local Self-Government in the Russian Federation” (2003) does not define the concept of “local referendum”.

The institution of local referendum, like other forms of local self-government, has distinctive features.

The first sign is the direct exercise of power by citizens. Power is exercised in this case through direct expression of will through voting. Moreover, every citizen who has the right to a decisive vote participates in the referendum in person.

The second sign is that only those citizens who live in the territory of a given municipality take part in the referendum.

The third sign indicates the locality of the territory where the local referendum is being held.

The fourth feature limits the sphere of influence of the referendum to issues of local importance. For the legislation on local referendums and local self-government directly indicates that issues of local importance are decided or discussed (consultative referendum) at local referendums.

Taking into account the distinctive features of a local referendum as one of the institutions for implementing the principle of democracy, we can give the following definition.

A local referendum is a direct expression of the will of citizens living within the boundaries of a municipality, carried out within a municipality through voting, to decide (mandatory referendum) or discuss (advisory referendum) issues of local importance within the competence of local government, which is carried out in accordance with the Constitution of the Russian Federation Federation, federal laws, laws, charters of municipalities.

Types of local referendums. Local referendums can be divided into two groups: mandatory and advisory.

A mandatory referendum should be understood as a local referendum, the result of which is a decision that is binding on all subjects of municipal legal relations, i.e., the decision of citizens made in a referendum is binding. This norm is enshrined in the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.”

In accordance with Art. 61 of this Law, “a decision made at a referendum in the Russian Federation is binding and does not require additional approval.”

A consultative referendum, along with a mandatory one, is not so widespread.

The Constitution of the Russian Federation provides for such a form of local self-government as taking into account the opinions of the population. In accordance with Part 2 of Art. 131 of the Constitution “changes in the boundaries of territories in which local self-government is exercised are permitted taking into account the opinion of the population of the relevant territories.” It is practically impossible to ensure an objective consideration of opinions within, for example, an urban district or a city with regional divisions without holding a consultative referendum. It is almost impossible to hold gatherings and meetings of citizens in an area with a population of 100 thousand or more people. Regarding opinion polls, then they cannot always be used to organize management in relatively large municipalities. In addition, this is a selective form of taking into account opinions. All citizens living within the municipality have the right to local self-government equally.

Federal legislation does not provide for the holding of consultative referendums at the local level. However, it does not prohibit them.

Principles of holding referendums. The principles for holding local referendums are established in the Federal Law “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.” A citizen of the Russian Federation participates in a referendum on the basis of universal, equal and direct expression of will by secret ballot. Citizen participation in a referendum is free and voluntary. No one has the right to influence citizens in order to force them to participate or not participate in referendums, as well as to influence their free will. The law provides all citizens with an equal right to participate in a referendum. The Law takes into account the principles of transparency and legality.

These principles determine the democratic nature of holding a local referendum and referendums in general. Similar principles are enshrined in the Federal Law “On General Principles of the Organization of Local Self-Government in the Russian Federation”, in the laws on local self-government, and on local referendums of constituent entities of the Russian Federation. In addition, in general view they are reflected in the constitutions of republics, charters of territories, regions, autonomous regions, autonomous okrugs. A comparative analysis of the principles established by federal laws and the legislation of the constituent entities of the Russian Federation indicates their uniformity.

There are two ways to consolidate the principles of preparation and conduct of local referendums in the legislation. In laws on local self-government they are usually contained in articles on local referendums. In special laws on local referendums, they are separated into independent articles or placed throughout the text of the law. Let's look at each principle separately.

1. The right of citizens to participate in a local referendum is enshrined in current legislation. In accordance with Art. 4 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” citizens of the Russian Federation who have reached the age of 18 years have the right to vote in a local referendum, to participate in other actions provided for by law and carried out by legal methods in preparation for a referendum. At the same time, a citizen can participate in a local referendum regardless of gender, race, nationality, language, origin, property and official status, attitude to religion, beliefs, or membership in public associations.

Citizens who have been sentenced to imprisonment by a court do not have the right to participate in a local referendum.

2. Direct participation of citizens in the referendum. This principle is enshrined in Part 1 of Art. 22 of the said Federal Law. In accordance with this article, “citizens participate directly in a local referendum.” This norm establishes a mechanism for direct expression of will, which gives every citizen the right to participate in all activities for the preparation and conduct of a local referendum in person. Everyone expresses their will independently, making one or another decision during, for example, voting. Citizens act not through any created bodies or formed congresses or conferences, but independently.

The principle of direct participation of citizens in local referendums is provided for in the laws on local referendums, on local self-government of the constituent entities of the Russian Federation that adopted these laws, and in the charters of municipalities. This principle, as a form of expression of the power of a community of citizens, is based on constitutional norms on democracy and, therefore, provides the highest authority for decisions made in a local referendum.

The development of the constitutional principle of the direct participation of citizens in the exercise of power at all levels, including in the system of local self-government, will naturally contribute to the development of citizens' initiative and the activation of their positions in building civil society. The direct participation of citizens in a local referendum allows them to understand the results of their own decisions on certain issues of local life, and develops interest in the problems of local life and the development of the territory. In addition, direct participation is intended to ensure an increase in the level of legal culture of each referendum participant and to develop the ability to exercise power and control.

3. The principle of voluntary participation of citizens in a local referendum. New Law“On General Principles...” does not provide for such a principle. The laws on local self-government, on local referendums of the constituent entities of the Russian Federation, for the most part, reveal the concept of this principle in this way: “no one has the right to exert a forced influence on the participation or non-participation of a citizen in a referendum.”

Participation in a referendum presupposes that a citizen has only a right, but not an obligation. Therefore, forcing people to participate or not participate in a referendum is considered an illegal action.

4. The principle of free will means that every citizen who has the right to participate in a local referendum votes at his own discretion, guided by his inner conviction. No one has the right to force citizens to vote against their will. Choosing a decision is the right of every citizen, and he exercises this right independently, without the intervention of other subjects of legal relations.

In accordance with Part 6 of Art. 22 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” (2003), voting in a local referendum is carried out secretly, control over the expression of the will of citizens is not allowed. To ensure secret voting, booths or other specially equipped places are located in the voting premises, i.e., conditions are created to ensure secret voting. The principle of secret voting and the mechanism for its implementation are enshrined and disclosed in more detail in the Federal Law “On Basic Guarantees of Electoral Rights and the Rights to Participate in Referendums of Citizens of the Russian Federation”, special laws on local referendums of constituent entities of the Russian Federation, and sometimes in the charters of municipalities.

6. The principle of transparency in the preparation and conduct of a local referendum is important. It is enshrined in federal laws and in the laws of constituent entities of the Russian Federation regulating the procedure for preparing and holding referendums.

The implementation of the principle of openness during a referendum means that all activities are conducted openly, and that citizens of the municipality are systematically and comprehensively informed about the decisions made various organs. The implementation of the principle of transparency helps to ensure the legality of holding a local referendum. Studying by citizens the decisions made and the measures taken to prepare and conduct a referendum gives them the opportunity to record facts of violations of laws, statutes of municipalities and demand that the relevant bodies and officials eliminate them. In case of failure to comply with the requirements, citizens have the right to apply to the court for restoration of the violated right. This right is enshrined in Art. 45 of the Constitution of the Russian Federation.

7. The principle of legality means that a local referendum is held in strict accordance with current legislation. Legality is one of the most important guarantees of genuine democracy; it has great importance to ensure the constitutional right of citizens to participate in the management of state and public affairs. The principle of legality is enshrined in the Constitution of the Russian Federation. Its effect applies to all government bodies, officials, various organizations, associations. Article 15 (Part 2) of the Constitution of the Russian Federation, defining the dominant role of the law in society, declares that government bodies, local governments, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.

Ensuring legality in the preparation and conduct of a local referendum means that:

a) preparation and conduct of a local referendum must be carried out in accordance with the Constitution of the Russian Federation, federal laws, laws of the constituent entities of the Russian Federation, charters of municipalities;

b) regulatory legal and other acts issued in connection with the holding of a local referendum by local government bodies, referendum commissions, government bodies must comply with the Constitution of the Russian Federation, federal laws, laws of constituent entities of the Russian Federation and the charters of municipalities adopted in accordance with them ;

c) the actions of all subjects taking part in the preparation and conduct of a local referendum, including citizens, must be subject to the requirements of the law.

The principle of legality operates when its implementation is monitored. Compliance with laws during a local referendum is monitored by local government bodies, state authorities and the citizens of municipalities themselves, representatives of political parties and others. public organizations and movements, initiative groups for holding a local referendum, deputies of representative bodies at various levels. In addition, the local referendum commission monitors the activities of precinct commissions in terms of compliance with the law on local referendums. This list of entities exercising control over compliance with the principle of legality is established in most laws of the constituent entities of the Russian Federation on local referendums.

The study of the principles of preparation and conduct of local referendums, enshrined in the legislation of the Russian Federation, the constituent entities of the Russian Federation, and the charters of municipalities, indicates an established concept of the uniformity of these principles and their interaction with each other.

The unity of the principles on which the implementation of forms of direct democracy, intended for organizing the management of social processes, is based, creates favorable preconditions for strengthening ties between citizens and the state, the center and the regions. It should be noted that the unity of principles is not an accidental phenomenon. It is based on the unity of power of the multinational people of the Russian Federation, which is the foundation of real democracy.

Calling a local referendum. The decision to hold a local referendum, in accordance with Part 3 of Art. 22 of the Federal Law “On General Principles of the Organization of Local Self-Government in the Russian Federation” (2003), adopted by the representative body of local self-government.

The initiative to hold a local referendum in accordance with Art. 22 of this Law have:

1. representative body together with the head of the local administration;
2. citizens living within the boundaries of the municipality;
3. electoral associations, other public associations whose charters provide for participation in elections and (or) referenda, which are registered in the manner and within the time limits established by federal law.

The condition for calling a local referendum on the initiative of electoral associations and other public associations specified in clause 2, part 3 of Art. 22 is the collection of signatures in support of this initiative, the number of which is established by the law of the constituent entity of the Russian Federation and cannot exceed 5% of the number of referendum participants registered in the territory of the municipality in accordance with federal law.

The initiative to hold a referendum put forward by citizens, electoral associations, and other public associations specified in clause 2 of part 3 of Art. 22, is drawn up in the manner established by federal law and the law of the constituent entity of the Russian Federation adopted in accordance with it.

The initiative to hold a referendum, put forward jointly by the representative body of the municipality and the head of the local administration, is formalized by legal acts of the representative body of the municipality and the head of the local administration.

The representative body of the municipal formation is obliged to call a local referendum within 30 days from the date the representative body of the municipal formation receives the documents on the basis of which the local referendum is called.

If a local referendum is not appointed by the representative body of the municipality within the established time frame, the referendum is appointed by the court on the basis of an appeal from citizens, electoral associations, the head of the municipality, government bodies of the subject of the election commission, the subject of the Russian Federation or the prosecutor. If a local referendum is ordered by a court, it is organized by the election commission of the municipality, and the holding of a local referendum is carried out by the executive and administrative body of state power of a constituent entity of the Russian Federation or another body specified in the court decision.

Local referendum commissions. To prepare and conduct a local referendum, local referendum commissions and precinct commissions are formed.

In accordance with the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation,” referendum commissions are formed by a representative body of local self-government. The formation of a referendum commission is carried out on the basis of proposals from electoral associations, electoral blocs, public associations, meetings of voters at the place of residence, work, service, study.

The representative body of local self-government is obliged to appoint at least 1/3 of the composition of the referendum commission on the basis of proposals received from each of the associations, electoral blocs that have factions in the representative body of local self-government. A similar formation procedure is provided for in the laws of the constituent entities of the Russian Federation on local referendums.

Precinct referendum commissions are formed in the same manner as local referendum commissions. In 16 constituent entities of the Russian Federation, where local referendums were held and municipal charters were adopted, the precinct referendum commissions included from 5 to 15 people. Their formation was carried out in some regions by representative bodies of local self-government at the proposal of public associations, meetings of citizens at the place of work, service, study, residence; in others, local referendum commissions appointed members of precinct commissions; in others, both procedures were used.

Powers of referendum commissions. In accordance with the laws of the constituent entities of the Russian Federation on local referendums, the powers of commissions to conduct a local referendum arise from the moment of their formation.

The powers of the commission to conduct a local referendum are terminated in accordance with the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” (Part 13, Article 23) 10 days from the date of publication of the referendum results.

The presence of bodies taking part in the preparation and conduct of a local referendum, the mechanism for preparing and holding a referendum indicate the depth of democratic principles contained in this form of direct democracy. Both its internal content and external manifestation give reason to conclude that this is one of the most important foundations of the constitutional system in the Russian Federation, on the implementation of which the fate of democratic transformations as a whole largely depends.

When holding a local referendum, as well as elections, the territory of the municipality is divided into sections, which are formed on the basis of no more than 3 thousand referendum participants in each section no later than 30 days before voting day. This provision is provided for by the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” (Part 2 of Article 20). This Law establishes only the upper limit for the number of referendum participants living in the territory of the precinct. Precincts are formed, as a rule, by the head of the executive and administrative body of local self-government, taking into account local conditions in order to create maximum convenience for citizens who have the right to participate in a referendum within the boundaries of the municipality. The boundaries of local referendum districts may coincide with the boundaries of electoral districts.

Lists of citizens entitled to participate in a local referendum are compiled for each referendum precinct by the precinct referendum commission and signed by its chairman and secretary. The lists are compiled on the basis of data provided by the head of the municipality.

The lists include all citizens of the Russian Federation who have the right to participate in it on the day of the referendum and who live in the given municipality on the day of voting.

The lists of participants in a local referendum, in accordance with international treaties of the Russian Federation and the corresponding federal laws and laws of the constituent entities of the Russian Federation, include foreign citizens who have reached the age of 18 and permanently or primarily reside in the territory of the municipality. Citizens declared incompetent by a court or held in prison by a court verdict are not included in the lists.

Military personnel undergoing military service upon conscription are not subject to inclusion in the lists. military units, military organizations and institutions that are located on the territory of the relevant municipality, if these military personnel did not permanently or primarily reside in the territory of this municipality before being called up for military service. The list is compiled in two copies.

A citizen entitled to participate in a local referendum may be included in no more than one list.

The lists are presented for public review at the premises of the precinct commission for holding a local referendum 20 days before the vote. The corresponding provisions are contained in most laws of the constituent entities of the Russian Federation on local referendums.

A citizen has the right to report to the precinct commission, the commission for holding a local referendum about his non-inclusion in the list of referendum participants, about any error or inaccuracy in the list of referendum participants. The relevant commission is obliged to eliminate the error or inaccuracy within 24 hours, and on voting day within 2 hours from the moment of the application, but no later than the end of voting, and give the applicant a written response. The commission's decision can be appealed in court if a citizen's request to be included in the list of referendum participants is rejected.

Voting in a local referendum is held on a calendar day off. The start and end times of voting are established by the law of the constituent entities of the Russian Federation on local referendums or the charter of the municipality.

Voting is secret. Every citizen who has the right to participate in a local referendum votes in person. Voting for other persons is not permitted. Citizens fill out ballots themselves in a secret voting booth. A citizen who cannot do this himself has the right, at his own discretion, to invite another person who is not a member of the precinct commission or an observer into the booth. The citizen places the completed ballot in the ballot box.

In cases where citizens who have the right to participate in a referendum cannot good reasons arrive at the polling station, the precinct commission, if they have a written application, instructs two (or more) members of the commission to organize voting at the location of these citizens.

The local referendum commission, based on the protocols of all precinct commissions, determines the results of the referendum. A decision on issues submitted to a local referendum is considered adopted if more than half of the citizens who took part in the referendum vote for them.

The results of the referendum are brought to the attention of the population through means mass media or in any other way within the time limits determined by the laws on local referendums of the constituent entities of the Russian Federation.

The decision adopted at the referendum comes into force from the day of its publication, unless otherwise provided in the wording of the question adopted at the referendum.

The institution of local referendum combines elements of unity and diversity. The main provisions of the laws on local referendums of the constituent entities of the Russian Federation comply with federal legislation. Can we consider today that the legislative framework for this institution has already been created and is in effect? Regulatory framework has been created in most constituent entities of the Russian Federation. There is also the practice of implementing the direct expression of the will of citizens of municipalities.

Local referendums were held in 24 constituent entities of the Russian Federation. In a number of municipalities (2%) charters were adopted for them.

In the Kursk region, for example, local referendums were held in 510 territories to discuss the provisions of the charters on the procedure for forming municipal bodies, their names and structure. Only in one municipality (village council) the local referendum did not take place. In 16 municipalities, citizens voted against charters. In the remaining territories, the charters were approved.

In Astrakhan, Murmansk, Ryazan regions, the Jewish Autonomous Region, by direct expression of the will of citizens, issues regarding the organization of municipalities in the relevant territories were resolved. In rural settlements of the Altai Territory, the question of the advisability of involving agricultural lands in civil circulation was put to a general vote.

As a result, 80% of citizens of municipalities spoke out against such a proposal. There are other examples of active participation in local referendums. This indicates that the stage of formation of the institution of local referendum has taken place, and the constitutional norms on the direct expression of the will of citizens are concretely embodied in life. People began to gradually realize their role in managing public affairs of local importance. The revival of citizens' initiative in solving problems of local importance gives grounds to conclude that in the near future it will have a significant impact on all areas of public relations, not only on the scale of individual municipalities, but also on the scale of the entire country. For municipalities are elements of a single whole - multinational Russia.

Taking into account the concept and structure of the system of municipal law, a local referendum is an institution of municipal law due to the fact that the elements of a local referendum are groups of norms and the relations regulated by them that develop during the implementation of direct democracy by residents of a municipality. These relationships are formed between local governments and residents, between local governments and officials, between officials and residents of a municipality, between government agencies and residents of the municipality, etc. These relations are regulated by the rules of law adopted at the levels of the Russian Federation, constituent entities of the Russian Federation and municipalities.

Thus, the municipal legal institution of the local referendum is a joint product of municipal authorities and state authorities, as well as other municipal legal institutions.

Elections in the local government system

The second most important form of direct expression of the will of citizens is the election of local government officials.

Elections in the local government system are intended to form local government bodies and elect local government officials.

The participation of citizens living on the territory of a municipality in the elections of local government bodies and officials is an indispensable feature of a democratic state.

By electing deputies, as well as heads of municipalities from among their fellow citizens, voters determine their choice in organizing governance on their territory. The fate of each citizen and the fate of the municipality as a whole largely depends on this choice.

The composition of representative bodies depends both on the choice of voters and on the legislation on the basis of which elections are held.

The legislative basis consists of: Federal laws “On the general principles of organizing local self-government in the Russian Federation”; “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation”; “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local government bodies.”

The principles of holding elections are enshrined in both federal laws and the laws of the constituent entities of the Russian Federation regulating relations in the local government system. According to the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” elections in the system of local self-government are held on the basis of universal, equal and direct suffrage by secret ballot in accordance with federal laws and the laws of the constituent entities of the Russian Federation.

The principles of holding elections of local self-government bodies and elected officials are enshrined in the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.” They are the same as during a local referendum: the equal right of citizens to participate in elections upon reaching the age established by law; direct participation of citizens in voting; voluntary participation of citizens in elections of local government bodies and local government officials; free expression of the will of citizens when voting; secret ballot of citizens; transparency of elections; legality during elections.

All citizens who have reached the age of 18 have the right to vote and be elected to representative bodies of local self-government. A citizen who is 21 years old on election day can be elected as the head of the executive-administrative power of a municipality.

The law does not allow restrictions on passive voting rights associated with permanent or primary residence in a certain territory of the Russian Federation. Such restrictions can only be established by the Constitution of the Russian Federation. A citizen has the right to elect and be elected to local government bodies regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, or membership in public associations. Only citizens declared incompetent by a court or held in prison by a court sentence do not have active rights. Basically, the legislation on elections and the practice of their conduct indicate that the above principles are observed.

As for the principles of voluntary participation and free expression of the will of citizens, secret voting, transparency and legality, their content coincides with the content of both elections and local referendums.

Elections are scheduled by representative bodies of local self-government, as well as in certain cases provided for by federal law, by the election commission of a municipality or court.

Voter lists are compiled on the basis of registration data of citizens with active voting rights, submitted by the head of the municipality or an authorized body. As a rule, voter lists are compiled by precinct election commissions.

The voter lists include all citizens of the Russian Federation who have active voting rights on voting day and who permanently or primarily reside in the territory of the municipality. In accordance with Part 4 of Art. 18 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation”, foreign citizens who have reached 18 years of age, not limited in voting rights and residing permanently or primarily in the territory of the municipality in which elections are held. After this norm was enshrined in federal law, the following changes were made to the legislation of the constituent entities of the Russian Federation.

Military personnel undergoing conscription military service in military units, military organizations, institutions located on the territory of the corresponding municipal formation are not included in the voter lists of a municipal formation, if they did not permanently or primarily reside in the territory of this municipal formation before being called up for military service.

Voter lists, after they have been compiled, are presented for public review and additional clarification no later than 20 days before voting day. Such deadlines are provided for by federal law. The laws of the constituent entities of the Russian Federation on elections of bodies and officials of local self-government increase these periods mainly from 20 to 30 days. Familiarization with the voter lists is carried out in the premises of the precinct election commission. Every citizen of the Russian Federation who has the right to vote has the right to familiarize himself with the voter lists and, if necessary, submit his claims to the precinct election commission, which may be based on the citizen’s non-inclusion in the voter lists for a given precinct, on errors made in the at the moment about the voter, etc. The precinct election commission is obliged to check the voter’s application and either eliminate the error or give the applicant a written response indicating the reasons for rejecting the application. In this case, the application must be considered within 24 hours, and on voting day - within two hours from the moment of application, but no later than the end of voting. If a voter believes that the decision of the precinct election commission is illegal or unfounded, he has the right to appeal to a higher election commission or to a court of general jurisdiction.

The court is obliged to consider the application within three days, and immediately on voting day, and make an appropriate decision.

In accordance with federal law and the laws of the constituent entities of the Russian Federation, electoral districts are formed for municipal elections on the basis of data provided by local government bodies or officials. The boundaries of electoral districts and the number of voters in each district are determined by the territorial election commission of the municipality and are approved, as a rule, by the representative body of local government no later than 60 days before election day.

Polling stations are formed to conduct voting and count votes. It should be noted that in accordance with Part 2 of Art. 20 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, polling stations are formed by the head of the municipality no later than 30 days before voting day.

Polling stations for citizens of the Russian Federation located on the territories of foreign states are formed by the heads of diplomatic missions or consular offices of the Russian Federation in the territory of their country of residence.

Polling stations are formed with no more than 3,000 voters per station. This requirement may not apply when polling stations are formed outside the territory of the Russian Federation.

To organize and conduct elections of local government bodies and officials, election commissions are formed.

During elections of deputies to representative bodies of local self-government, territorial, district and precinct election commissions are formed. When holding elections of heads of municipalities in small municipalities, district commissions may not be formed. These issues are resolved in the constituent entities of the Russian Federation based on local conditions and characteristics, and the load on territorial election commissions.

Territorial and district election commissions are formed on the basis of proposals from electoral associations, electoral blocs, public associations, meetings of voters at the place of residence, work, service, study, election commissions of the previous composition by the elected body of local self-government. Proposals for the formation of precinct election commissions are made by the same entities, except for the election commissions of the previous composition.

The elected body of local self-government is obliged to appoint at least one third of the composition of all named commissions on the basis of proposals from each of the electoral associations, electoral blocs that have factions in the representative body of local self-government. At the same time Federal law“On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation” in Part 2 of Art. 23 provides that only one representative from each electoral bloc or electoral association can be appointed to these commissions. Based on Part 10 of this article, the terms of office of territorial and district election commissions for elections of local self-government bodies are provided for by the laws of the constituent entities of the Russian Federation. They are usually created for the period of preparation and conduct of elections. The law of a subject of the Russian Federation or the charter of a municipal entity may provide for the activities of a territorial election commission on an ongoing basis. In this case, the term of office of the territorial election commission cannot be more than five years and less than the term of office of the representative body of local self-government.

The powers of the precinct election commission are terminated 10 days from the date of official publication of the election results, unless complaints are received about its actions to higher election commissions or to the court. In the latter case, the precinct election commission works until the consideration of the complaint is completed.

In accordance with the current legislation on elections of local government bodies, each election commission is vested with specific powers. The activities of the territorial election commission are limited to the boundaries of the municipality.

The legislator is not limited to the list of election commissions we have named. In a number of cases, laws on elections of local self-government bodies provide for the formation of district territorial election commissions, which coordinate the activities of election commissions of municipalities and summarize election results based on data from municipal election commissions.

In Moscow, along with territorial, district and precinct commissions, a city election commission is created, which, according to Art. 9 of the Moscow Law “On the election of councilors of the district assembly in the city of Moscow” is endowed with very extensive powers.

The commission carries out its activities collegiately, through meetings. Candidates for deputies and their proxies, representatives of electoral associations and blocs, and the media have the right to attend meetings of commissions. On the issues under consideration, election commissions make decisions, as a rule, by a simple majority of the total number of voting members of the commission, and they are signed by the chairman and secretary of the commission.

The nomination of candidates for deputies and other elective positions of local government bodies begins from the moment of formation of election commissions and continues for at least 20 days. The nomination of candidates ends at least 30 days before election day.

Nomination of candidates by electoral associations. Electoral associations in the elections of local government bodies, heads of municipalities and other local government officials are duly registered local branches of federal and regional electoral associations, their blocs, as well as local (municipal) electoral associations, the charters of which provide for the right to participate in elections local government bodies.

The decision to nominate candidates (list of candidates) from an electoral association is made at a meeting of its local branch and at a meeting of the local (municipal) electoral association by secret ballot.

When nominating candidates in single-mandate electoral districts, electoral associations and blocs have the right to nominate one candidate in each district (including in a single multi-member district) in the election of heads of municipalities and other local government officials.

When nominating candidates in multi-member electoral districts, as well as in the case of elections under proportional or mixed electoral systems, electoral associations and blocs nominate lists of candidates according to the number of mandates.

Nomination of candidates by voters is carried out either by an initiative group or through self-nomination.

The initiative group notifies the district election commission in writing about its initiative. The notification must indicate the candidate's last name, first name, patronymic, date of birth, place of work, position held and place of residence of the candidate. The application must be accompanied by the minutes of the meeting of the initiative group to nominate a candidate, a list of citizens present at the meeting, and the decision to appoint a representative of the initiative group of voters.

Signature sheets are prepared by the initiators of the collection of signatures in the form established by the laws on elections of local government bodies or local government officials. Each signature sheet indicates the candidate’s last name, first name, patronymic, date of birth, place of work, position held (occupation), place of residence and the name of the electoral district in which he is nominated.

Registration of candidates for deputies is carried out by district election commissions. To register candidates from electoral associations, electoral blocs, their authorized representatives submit to the district election commission no later than 30 days before election day: signature sheets in support of deputy candidates; information about the candidate; the candidate’s statement of his consent to run for office in this constituency; a copy of the registration certificate of the electoral association, its charter; decision on the formation of branches of federal parties, movements, associations on the territory of a constituent entity of the Russian Federation; a power of attorney issued in accordance with the established procedure by an authorized representative of the electoral association.

Authorized representatives of electoral blocs, along with signature sheets, submit to the district election commission the decisions of public associations on the creation of an electoral bloc, the decision of the joint congress (conference) of the bloc at which candidates were nominated.

A candidate nominated directly by district voters submits signature sheets and a personal statement of consent to run for office in this electoral district to the district election commission no later than 30 days before election day.

The district election commission checks the documents and makes a decision to register the candidate for deputy or to refuse registration.

The decision of the district election commission to register a candidate or to refuse registration may be appealed to the territorial election commission or to the court.

Issues regarding the refusal to register candidates for deputies or candidates for the post of head of a municipality are increasingly becoming the subject of consideration in the courts. Thus, the Irbit City Election Commission (Sverdlovsk Region) refused to register one of the candidates for the post of head of the city of Irbit.

The basis for the refusal was, in the opinion of the commission, the insufficient number of voter signatures collected in support of the nomination of citizen S. as a candidate for the post of head of the city. For registration, 1,056 signatures were submitted to the election commission, of which the commission declared 557 invalid, and the remaining signatures were allegedly not enough to reach the required number.

The commission's decision to refuse registration was appealed to the court, which found that the election commission did not fully comply with the law in terms of verifying signature sheets and signatures of voters. Instead of specific facts, the commission used its doubts about the authenticity of the signatures as evidence, which is unacceptable. The court overturned the commission's decision and restored the violated right of citizen S, who was nominated as a candidate for the post of head of the city.

If, after the deadline for registering candidates, there is only one candidate left in the electoral district or no candidates are registered, the elections in this district are postponed by the decision of the territorial commission for the period established by the legislation on elections of local self-government bodies. IN Nizhny Novgorod region this period is 12 weeks. In Moscow, in this case, the deadlines for nominating candidates for deputies, collecting signatures and registering candidates are extended by two weeks. Each candidate is issued a certificate.

A candidate for deputy head of local government has the right to withdraw his candidacy at any time before election day by notifying the district (territorial) election commission. In this case, the candidate’s application to withdraw his candidacy must be made in writing.

The legislation provides candidates with equal rights and responsibilities. Candidates, after registration, upon their personal application, are released from work, military service, military training and study while participating in the elections. The employer is obliged to provide the candidate with unpaid leave at his request from the moment he is registered as a candidate until the publication of the election results.

During this period, the candidate is paid a one-time monetary compensation in the amounts provided for by the laws on elections of the constituent entities of the Russian Federation.

During elections, a registered candidate cannot be dismissed from work or transferred to another job at the initiative of the administration without his consent.

A registered candidate cannot be prosecuted, arrested, or subject to administrative penalties imposed by a court without the consent of the prosecutor. When giving consent to involve criminal liability, arrest, the prosecutor is obliged to notify the district election commission that registered the candidate.

Candidates have the right to have proxies registered by the district election commission that registered the candidate for deputy. Proxies receive identification and assist the candidate in conducting the election campaign. They are also entitled to unpaid leave.

The most important means during elections is campaigning. Election campaigning is guaranteed by the state and can be carried out through the media, through pre-election events in the form of meetings, meetings with voters, public election debates and discussions, rallies, demonstrations, processions, production and distribution of campaign materials and publications, etc.

Citizens of the Russian Federation, public associations, political parties have the right, in forms permitted by law and by legal methods, to campaign for participation in elections, “for” or “against” any registered candidate.

Registered candidates are guaranteed equal conditions of access to the media. Monitoring the fulfillment of these conditions is carried out by district and territorial election commissions.

Election campaigning begins on the day the candidate is registered and ends at 0:00 a day before voting day. The timing of campaigning on television and radio broadcasting is determined by the legislation of the constituent entities of the Russian Federation.

Mass media, the founders of which are local government bodies, are obliged to provide registered candidates with equal opportunities to conduct election campaigning. This means that if one candidate is given the opportunity to speak on local radio for two hours, then the remaining candidates have the right to demand the same airtime.

Elections are financed from the local budget. These funds go to the territorial election commission, which distributes them among district and precinct election commissions.

District and precinct election commissions submit a report on the expenditure of funds to the territorial commission. In turn, the territorial election commission reports to the local government body to which the funds were allocated.

During elections to local self-government bodies, funding is provided from local budgets. Some election laws provide for assistance from the budgets of constituent entities of the Russian Federation.

Voting in elections is held on a calendar day off. The start and end times of voting are established by the laws of the constituent entities of the Russian Federation and elections of local government bodies. As a rule, voting takes place from 8 a.m. to 10 p.m. local time. Territorial and precinct election commissions are required to notify voters about the time and place of voting no later than 20 days before voting day through the media or other means. Voters may be sent information materials about voting day at their place of residence or work.

Each voter votes personally. Voting is carried out in the premises of the polling station in the same manner as during a local referendum. After the end of voting, the precinct election commission counts the votes for each candidate. The voting results are considered at a meeting of the precinct commission and entered into the protocol of the precinct election commission. The protocol is signed by all members of the precinct election commission.

The protocol is drawn up in at least three copies. One copy is submitted to the district election commission, the second - for storage to the territorial election commission. The third copy is intended to familiarize voters and initiative groups with the voting results for this precinct.

The district election commission, based on the protocols of precinct election commissions on the voting results, by adding up the data contained therein, establishes the election results for a given electoral district and includes them in the protocol compiled by it.

The protocol of the district election commission, in addition to all the requirements for the protocol of the precinct election commission, includes data on the number of precinct election commissions and the number of received protocols from precinct election commissions. The protocol indicates one of the following decisions:

• recognition of the candidate as an elected deputy;
• recognition of elections in the constituency as invalid;
• recognition of elections in the constituency as invalid.

The candidate who received the largest number of votes from voters who took part in the voting is recognized as elected in a single-mandate electoral district. In the event of an equal number of votes received by candidates in Moscow, the candidate in whose support the largest number of voter signatures were collected is considered elected. If the number of voter signatures is equal, the candidate registered earlier than the others is considered elected. In the Nizhny Novgorod region, in the event of a tie of votes, the candidate registered earlier is considered elected. In the Leningrad Region, if the votes cast by voters are equal, a repeat vote is held for these candidates.

The district election commission recognizes elections in a given district as invalid if violations of the election law committed during their conduct do not allow one to reliably determine the results of the expression of the will of voters.

The district election commission recognizes the elections in this electoral district as invalid:

a) if less than 25% of registered voters took part in the elections;
b) if the number of votes cast against all candidates exceeds the number of votes cast for the deputy who received the largest number of votes.

Facts where elections were declared invalid due to low voter turnout occurred in the cities of Abakan and Sayanogorsk in the Republic of Khakassia, as well as in the city of Kaluga.

The protocol of the district election commission is submitted to the territorial election commission of the municipality.

District and territorial election commissions, after establishing the voting results, inform voters about them through the media or other means.

Elections of local government bodies in the system of municipal law can be considered as its institution. Structurally, this institution consists of groups of homogeneous norms that regulate the relations that develop between residents of the municipality and candidates for election to representative bodies of local government and for the position of head of the municipality, between residents and local government bodies, election commissions, and local government officials.

The institution of elections is a set of norms of municipal law governing relations arising regarding the formation of representative bodies of local government and the election of local government officials.

This institute is also a product joint activities municipal communities and the state, since the rules on elections are formed at the levels of the Federation, its constituent entities and municipalities.

Recall of deputies and elected officials of local government

The principle of voluntary participation of citizens in the gathering means that each citizen decides independently whether to participate or not to participate in the gathering. No one can force citizens to participate or prohibit them from participating in the gathering.

The principle of free participation of citizens in the assembly means that citizens make decisions through free expression of will, due to their inner convictions. When voting on certain issues, the gathering participant does not depend on anyone in his decision. Attempts to force a citizen to vote to please someone else are illegal.

Glasnost serves as an immutable rule of such a mass event as a gathering of citizens. The principle of publicity is implemented in this case at three stages: preparation of the meeting, holding and publication of the results of the meeting.

Before holding a gathering, the authorized body makes an announcement in the local press, on the radio, on notice boards, in places of greatest presence of citizens about the upcoming gathering. The announcement indicates the municipality in which the meeting is being held, the date, time and place (address) of its holding, as well as the issues to be discussed by the participants.

The citizens' gathering is held in an atmosphere of openness and transparency. Heads of enterprises, institutions, organizations located in the relevant territory, representatives of the press and other media can be invited to it.

The presence of leaders at meetings gives them the opportunity to delve more deeply into problems of local importance, as well as of each resident individually. This is especially true for areas with a tense environmental situation and weak local economic infrastructure.

The results of the gatherings, in accordance with federal legislation, the legislation of the constituent entities of the Russian Federation and the charters of a number of municipalities, are subject to publication in the local press or must be brought to the attention of the population in another way.

As a rule, local radio centers and local newspapers disseminate information. In some areas, the decisions of the meetings are posted on leaflets and distributed in cultural centers, clubs, retail establishments, etc.

Decisions made by a citizens' meeting can be canceled by the citizens' meeting itself or by a court.

These are the basic principles of the organization and activities of citizens’ gatherings. They are similar to the principles of local referendum and elections to local government bodies.

A meeting (gathering) of citizens is held either on the initiative of local government bodies, or on the initiative of residents, if at least 10% of citizens living in a given territory insist on its holding and have the right to participate in it.

The preparation and holding of meetings (gatherings) of citizens is ensured by a local government body or a body of territorial public self-government.

A meeting (gathering) of citizens is opened by the head of a local government body, the head of a territorial public self-government body or other authorized officials.

Before the opening of the gathering, registration of its participants is mandatory. The registration sheets indicate the last name, first name, patronymic, date and year of birth of the participants, and their place of permanent residence. A chairman and secretary are elected to conduct the meeting. Then the agenda is approved.

A protocol is kept at the gathering, which indicates: the date and place of the meeting (gathering); the total number of citizens living in the relevant territory who have the right to participate in the meeting (gathering); number of registered participants of the meeting (gathering); agenda of the meeting (gathering); summary speeches and decisions made.

The protocol is signed by the chairman and secretary of the meeting (gathering) of citizens and transferred to the relevant local government body or territorial public self-government body.

Decisions made by citizens' gatherings are executed by local government bodies, or public territorial self-government bodies, as well as local government officials. In other words, local government bodies and officials are obliged to organize work to implement decisions made by citizens at assemblies.

Thus, citizens’ gatherings are the most important institution in the system of municipal law, a connecting link between citizens and local governments, a form of manifestation of true democracy, carried out through direct free expression of will.

Lawmaking initiative of citizens as a form of citizen participation in the implementation of local self-government

Law-making people's initiative should be understood as a set of social relations regulated by the rules of law that arise as a result of the activities of citizens regarding the development and submission of draft legal acts on issues of local importance to local governments.

The subjects of relations are citizens and local governments.

A law-making initiative means that citizens of a municipal entity have the right to develop legal regulations on issues of local importance and submit them for consideration to local government bodies. Draft regulations submitted by citizens are subject to mandatory consideration at an open meeting of a representative body or local government official within three months from the date of submission with the participation of representatives of the population. This norm is enshrined both in the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” (Article 26), and in the laws on local self-government, on territorial public self-government of a number of constituent entities of the Russian Federation.

Separate laws on local self-government of the constituent entities of the Russian Federation and the charters of municipalities establish a procedure for implementing the law-making initiative of citizens. However, it is not unified. In accordance with the established normative legal practice, the procedure for law-making initiatives provides for two ways of its implementation.

First way. Citizens living within a municipality have the right to prepare a draft normative act of a local government body or draft additions and amendments to existing regulations and submit them for discussion at a gathering or meeting of citizens of a given municipality. At the same time, citizens living within the boundaries of the municipality and who have reached the age of 18 must be present at the gathering. The gathering or meeting discusses the draft normative legal act, draws up a protocol in accordance with the requirements of the law, which includes the issue of discussing the draft normative act for submitting it to the representative body of local government or a local government official, as well as the decision made regarding the draft normative act. The minutes are signed by the chairman and secretary of the meeting or gathering and transferred to the relevant local government body or local government official through official registration with the local government body.

The protocol is accompanied by a draft normative act, an explanatory note to it containing justification for the need to adopt such a document, information on the number of citizens who took part in the gathering or meeting.

The local government body is obliged to register the documents and issue the initiators with a certificate of their delivery.

This constitutional provision received a more detailed development in the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation.” Article 32 of this Law states that citizens have the right to individual and collective appeals to local government bodies. Appeals from citizens are subject to consideration in the manner and within the time frame established by Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.”

This Law establishes the following procedure for considering citizens' appeals.

According to Art. 2 citizens have the right to appeal to both bodies and officials of local government. At the same time, the right to appeal is exercised freely and voluntarily. The exercise of such rights must not violate the rights and freedoms of other citizens. Appeals can be written or oral.

In accordance with Art. 5 of the said Law, when considering an appeal by a local government body or an official, a citizen has the right: 1) to present additional documents and materials or make a request for their recovery; 2) get acquainted with documents and materials related to the consideration of the application, if this does not affect the rights, freedoms and legitimate interests of other persons and if in specified documents and the materials do not contain information constituting a state or other secret protected by federal law; 3) receive a written response on the merits of the questions raised in the appeal, except for the cases specified in Art. 11 of the said Federal Law, notification of forwarding a written appeal to a state body, local government body or official whose competence includes resolving the issues raised in the appeal; 4) file a complaint against a decision made on an appeal or against an action (inaction) in connection with the consideration of an appeal in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation; 5) apply for termination of consideration of the appeal.

It is prohibited to persecute a citizen in connection with his appeal to a local government body or an official with criticism of the activities of these bodies or an official, or in order to restore or protect his rights, freedoms and legitimate interests or the rights, freedoms and legitimate interests of other persons. When considering an appeal, disclosure of information contained in the appeal, as well as information relating to the private life of a citizen, is not permitted without his consent. Sending a written appeal to a state body, local government body or official whose competence includes resolving the issues raised in the appeal does not constitute disclosure of information contained in the appeal.

A citizen sends a written appeal directly to the local government body or that official whose competence includes resolving the issues raised in the appeal. A written appeal is subject to mandatory registration within three days from the date of receipt by the local government body or official. A written appeal containing issues the resolution of which is not within the competence of a local government body or official is sent within seven days from the date of registration to the relevant body or official whose competence includes resolving the issues raised in the appeal, with notification to the citizen who sent appeal, to forward the appeal, except for the case specified in Part 4 of Art. 11 of the said Federal Law. If the resolution of the issues raised in a written appeal falls within the competence of local government bodies or officials, a copy of the appeal is sent to the relevant state bodies, local government bodies or relevant officials within seven days from the date of registration. A local government body or an official, when sending a written appeal for consideration to another local government body or another official, may, if necessary, request from the specified bodies or the official documents and materials about the results of consideration of the written appeal.

It is prohibited to send a complaint for consideration to a local government body or official whose decision or action (inaction) is being appealed. If, in accordance with the prohibition provided for by law, it is impossible to send a complaint for consideration to a local government body or an official whose competence includes resolving the issues raised in the appeal, the complaint is returned to the citizen with an explanation of his right to appeal the relevant decision or action (inaction) in the prescribed manner to court. An appeal received by a local government body or official in accordance with their competence is subject to mandatory consideration. If necessary, the local government body or official considering the appeal can ensure its consideration on-site.

A local government body or official: 1) ensures an objective, comprehensive and timely consideration of the appeal, if necessary, with the participation of the citizen who sent the appeal; 2) requests documents and materials necessary for consideration of the appeal from other local government bodies and other officials, with the exception of courts, inquiry bodies and preliminary investigation bodies; 3) takes measures aimed at restoring or protecting the violated rights, freedoms and legitimate interests of a citizen; 4) gives a written answer on the merits of the questions raised in the appeal, except for the cases specified in Art. 11 of the said Federal Law; 5) notifies the citizen about sending his appeal for consideration to another local government body or other official in accordance with their competence. A local government body or an official, upon a duly sent request from a local government body or an official considering an appeal, is obliged, within 15 days, to provide documents and materials necessary for consideration of the appeal, with the exception of documents and materials that contain information constituting the state or other secret protected by federal law, and for which a special procedure for provision has been established. The response to the appeal is signed by the head of the local government body, an official or an authorized person.

A written appeal received by a local government body or official in accordance with their competence is considered within 30 days from the date of registration of the written appeal. In exceptional cases, as well as in the case of sending a request provided for in Part 2 of Art. 10 of the said Federal Law, the head of a local government body, an official or an authorized person has the right to extend the period for consideration of an application by no more than 30 days, notifying the citizen who sent the application about the extension of the period for consideration. Personal reception of citizens in local government bodies is carried out by their leaders and authorized persons. Information about the place of reception, as well as the days and hours established for reception, is brought to the attention of citizens. Upon personal reception, the citizen presents a document proving his identity. The content of the oral appeal is entered into the citizen’s personal reception card. If the facts and circumstances stated in the oral appeal are obvious and do not require additional verification, the response to the appeal, with the consent of the citizen, can be given orally during a personal reception, which is recorded in the citizen’s personal reception card. In other cases, a written response is given on the merits of the questions raised in the appeal. A written appeal accepted during a personal reception is subject to registration and consideration in the manner established by the said Federal Law. If the appeal contains issues the resolution of which is not within the competence of a given local government body or official, the citizen is given an explanation of where and in what order he should apply. During a personal reception, a citizen may be denied further consideration of an appeal if he was previously given an answer on the merits of the questions raised in the appeal.

A citizen has the right to compensation for losses and compensation for moral damage caused by the illegal action (inaction) of a local government body or official when considering an appeal, according to a court decision. If a citizen has provided knowingly false information in his appeal, then the expenses incurred in connection with the consideration of the appeal by a local government body or official may be recovered from this citizen by a court decision.

Sometimes letters are sent to prepare a response to those officials against whose enterprise or organization the complaint was received. They prepare a response to the applicant and send a copy of the response to the local government authority. As a result, a vicious circle is formed and issues are not resolved. This sign of a bureaucratic attitude towards complaints, appeals, and statements helps to widen the gap between the community of citizens and local governments.

The result of such work is ultimately the initiatives of citizens to recall deputies or elected officials of local government, which were mentioned earlier.

Issues of working with appeals and statements from citizens are becoming increasingly important for local governments and officials. Appeals from citizens show the mood of people, their attitude towards the authorities. Taking this into account, many executive and administrative bodies of local self-government have established a procedure that provides for the study and discussion of the results of work with appeals, applications, and complaints of citizens in subordinate institutions. On this issue, inspections of municipal institutions are carried out and reports of their leaders are heard at meetings of executive and administrative bodies of local self-government. As a rule, such reports are carried out at least once a year. Based on the results of work with appeals and statements from citizens, decisions are made containing appropriate conclusions and measures against officials who commit violations of the law.

Appeals and statements from citizens are an important source of information about the state of public life, reflecting pressing problems small Motherland of the entire community and each citizen individually, contribute to strengthening ties between the population and local governments, and are the most important means of developing the organizational basis of local government.

Rallies, demonstrations, processions, picketing, polls

These forms of participation in the implementation of direct democracy are used in the local government system to attract the attention of local government bodies and local government officials to the problems of local life. The subjects of relations that develop regarding the holding of rallies, demonstrations, processions, picketing, and polls are citizens, public associations, and local governments.

At rallies, citizens have the right to discuss any issues of local importance and adopt appropriate resolutions on them.

Resolutions can be sent to local government bodies and local government officials. Resolutions are advisory in nature. The requirements and proposals contained therein can be taken into account when preparing draft decisions and other documents of local government bodies.

The citizen survey is carried out on the initiative of:

• the representative body of the municipality or the head of the municipality - on issues of local importance;
• government bodies of the constituent entities of the Russian Federation - to take into account the opinions of citizens when making decisions on changing the intended purpose of municipal lands for objects of regional and interregional significance.

The procedure for appointing and conducting a survey of citizens is determined by the charter of the municipal formation and (or) regulatory legal acts of the representative body of the municipal formation.

The decision to schedule a citizen survey is made by the municipal body. The regulatory legal act of the representative body of the municipality on the appointment of a survey of citizens establishes:

• date and timing of the survey;
• formulation of the question(s) proposed during the survey;
• survey methodology;
• questionnaire form;
• the minimum number of municipal residents participating in the survey.

Residents of the municipality must be informed about the citizen survey at least 10 days before it is held.

Funding for activities related to the preparation and conduct of citizen surveys is provided by:

• at the expense of the local budget - when conducting a survey on the initiative of local governments;
• at the expense of the budget of a constituent entity of the Russian Federation - when conducting a survey on the initiative of public authorities of the corresponding constituent entity of the Russian Federation.

This form of expression of the will of citizens is enshrined in the norms of individual laws on local self-government of the constituent entities of the Russian Federation, as well as in the charters of municipalities. Some laws only mention the survey, while others have separate articles defining the mechanism for conducting the survey.

Law “On local self-government in the Irkutsk region” in Art. 50 establishes that a local poll is a vote of citizens living in the territory of a municipal entity (part of the territory) on issues of public interest in order to identify the opinion of the population.

Surveys can be continuous or selective. A continuous survey (questioning) means that the entire population or at least 50% of citizens must be surveyed on a particular issue.

A sample survey (questioning) involves studying the opinions of a small group of respondents.

The Law “On General Principles...” (2003) does not establish types of surveys. This falls within the competence of municipal representative bodies.

Thus, the forms of direct democracy designated in the legislation are institutions of municipal law, which are a set of norms of municipal law and the social relations regulated by them, resulting from the exercise of power directly by residents of the municipality.

The approach to determining the strength of decisions made by territorial public self-government bodies or by citizens themselves is different. The Moscow Law “On Territorial Public Self-Government” stipulates that decisions of meetings (gatherings), conferences of the community, as well as its bodies, adopted within the limits of the current legislation and their powers, are advisory in nature for authorities and citizens.

Territorial public self-government (TPS) operates on the basis of a charter registered by the local government body of the corresponding settlement. TOS, in accordance with its charter, can be a legal entity (Law “On General Principles...”, 2003, paragraph 5, article 27).

In accordance with Art. 27 the competence of TOS is divided into two parts. The first part is the exclusive competence of the assembly, the citizens' conference. The second part is the competence of territorial public self-government bodies.

The exclusive powers of an assembly or conference of citizens include:

1. establishing the structure of TPS bodies;
2. adoption of the TOS charter;
3. election of TPS bodies;
4. determination of the main activities of the TPS;
5. approval of the estimate of income and expenses of the TPS and the report on its implementation;
6. consideration of reports on the activities of TPS bodies.

These are mainly issues of designing TPS and strategic directions of its activities.

The competence of TOS bodies includes:

1. representing the interests of the population;
2. ensuring the execution of decisions made at meetings, conferences:
3. carrying out economic activities to maintain the housing stock, landscaping the territory, other economic activities to meet the social and everyday needs of citizens, etc.;
4. submission to local government bodies of draft municipal acts that are subject to mandatory consideration by these bodies and local government officials.

To a greater extent, these are issues of a representative and executive-administrative nature.

All functions and powers established by law must be recorded in the TOS charter.

Meetings, conferences, public hearings

An assembly should be understood as a form of collective participation in the implementation of local self-government, which is a type of implementation of direct democracy.

This form is provided for in Art. 29 of the Law “On General Principles...” (2003).

According to the Law, meetings of citizens can be held to discuss issues of local importance, inform the population about the activities of local government and officials.

Meetings are held at the initiative of the population, the representative body, and the head of the municipality. The meeting, accordingly, can be appointed by a representative body or the head of the municipality. A meeting held at the initiative of citizens is appointed by a representative body.

Appeals adopted by the meeting are subject to mandatory consideration by local government bodies and officials whose competence includes solving the problems contained in them.

A conference should be understood as a form of implementation of local self-government through delegates nominated at meetings of citizens to represent their interests in solving problems of local importance.

The procedure for appointing a conference and nominating delegates to the conference is determined by the charter of the municipality, other legal acts of the representative body of local self-government, and the charter of territorial public self-government.

The conference, as well as the meeting of citizens, accepts appeals to the representative body or the head of the municipality, which must be considered accordingly and to which responses must be given within the time limits established by law.

Public hearings are a form of participation in the implementation of local self-government, expressed in the discussion of draft municipal legal acts on issues of local importance with the participation of residents of the municipality.

They are organized and conducted on the initiative of the population, the representative body, the head of the municipality (Law “On General Principles...” (2003, Art. 28).

The most significant issues of local importance are the subject of discussion at public hearings. The said Law includes draft charters, local budgets and reports on their implementation, plans and programs for the development of the municipality, and issues regarding the transformation of the municipality.

Suggestions and conclusions are summarized and can be included in projects when they are finalized.

It is advisable to publish the results of public hearings in order to reduce the gap between the population and local public authorities, as well as to strengthen control over the implementation of reasonable proposals from voters.

DIRECT DEMOCRACY IN THE SYSTEM OF LOCAL SELF-GOVERNMENT - INSTITUTE OF CONSTITUTIONAL LAW OF RUSSIA

The Constitution of the Russian Federation proclaims: “The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people” (Part 1, Article 3). Democracy as the basis of the constitutional system presupposes the exercise by the people of their power directly, as well as through state authorities and local governments (Part 2 of Article 3 of the Constitution of the Russian Federation).

Direct democracy in the system of local self-government represents the direct participation of citizens in the discussion, development and adoption of decisions on issues of local importance, as well as in monitoring the implementation of these decisions.

What is the relationship between direct democracy and local self-government? According to V.Ts. Kirov, self-government should be interpreted in the context of freedom and democracy. The tendency towards self-government in modern societies is expressed in the principles of popular sovereignty and majority rule, which are the fundamental principles of democratic decision-making and democratic government. The importance of direct democracy for the system of local self-government is also determined by the fact that “it is much easier for a community consisting of several hundred or several thousand people to organize on the basis of direct participation than a country with several million inhabitants, or an empire with hundreds of millions of them.” .

In the organization of local self-government, the idea of ​​bringing power closer to the people is most clearly expressed. “The people are the source of power in society,” wrote A. de Tocqueville, “however, more directly than in the community, they do not exercise their power anywhere.”

A comparison of the concepts of direct democracy and local self-government makes it possible to identify common features that characterize the unity of nature of such social phenomena as direct democracy and self-government, and to determine their differences.

The unity of direct democracy and self-government is seen in the fact that both institutions are varieties of democracy, involving the participation of citizens in discussion and decision-making on issues of local importance. They have common goal, consisting of a gradual transition to broader and more effective participation of citizens in self-government.

The difference between direct democracy and local self-government is that self-government is, first of all, the property (quality) of the local community to resolve issues of local importance. It is implemented “both through elected bodies formed in accordance with the Federal Law “On General Principles of the Organization of Local Self-Government in the Russian Federation” dated August 28, 1995, with the charters of municipalities, and through other bodies created on the basis of the charters of municipalities , through territorial public self-government and institutions of direct democracy. Consequently, direct democracy is part of the organizational mechanism that ensures the implementation of this property, which includes a system of forms and methods of direct participation of citizens in local government. In other words, local self-government and direct democracy are correlated as a property and forms of its implementation. Local self-government, being an organic combination of representative and direct democracy, is broader in form and implementation possibilities than direct democracy.

Direct democracy can be represented as a system with three levels: basic values, components of the content, the essence of direct democracy; implementation mechanism and achieving the values ​​of democracy; constitutional and legal institutions and norms, through which the above-mentioned values ​​receive direct justification, consolidation and determining legal significance.

The content of direct democracy as a subsystem is more common system- democracy - constitutes a set of moral, political, legal values. Authors who adhere to various concepts and define democracy as a form of state, political regime, political ideology, political process, political movement, however, as the fundamental values ​​of democracy in all these meanings, they usually name the power of the majority with respect for the rights of the minority, freedom and political rights of the individual , equality of individuals, respect for human rights by the state. These moral and political values ​​have received legal recognition in the constitutions of modern democratic states and international recognition.

Direct democracy as a system of values ​​is realized through the foundations of the constitutional system operating in the system of local self-government - election, pluralism, the rule of law.

the new law and, above all, the constitution. The list of these institutions allows us to see that direct democracy is carried out mainly not by bureaucratic, not violent, not putting pressure on people, but by those that “face the people.” So, direct democracy as a management mechanism is a set of institutions and procedures for making decisions that ensure the functioning of the entire system of local self-government in accordance with the values ​​of democracy, creating the opportunity to take into account the opinions of the local community on issues of local life.

Direct democracy can be considered in objective and subjective senses.

In the system of local self-government, direct democracy in an objective sense is characterized by a set of legal norms that make up the general institution of constitutional law of the Russian Federation and regulate the forms of direct expression of will of members of the local community in the implementation of local self-government.

Direct democracy in the subjective sense is the right of a citizen to take part in the implementation of local self-government through direct expression of will. The right to participate in local self-government through the direct expression of the will of members of the local community is exercised through a group of municipal rights of a public nature. “The activities of a citizen in the public legal sphere are characterized by the exercise of rights and freedoms through self-realization through public institutions. In contrast to the norms of private law, which provide a citizen with the opportunity to exercise his right in acceptable legal forms, bilateral relations always arise here. One side is always the subject of power relations, who is entrusted by law with the obligation to promote the implementation of the rights and freedoms of citizens and to be a guarantor.”

There is a close relationship, organic dependence and interaction between direct democracy in the objective sense and direct democracy in the subjective sense. Therefore, we can talk about two sides of one socio-legal phenomenon (objective and subjective), without the interaction of which the direct expression of the will of members of the local community cannot exist and be implemented when resolving issues of local importance. Direct democracy as a social and legal phenomenon presupposes the presence of not only legal norms contained in legislation and other sources, but also the subjective rights of individuals and legal entities, their powers. There is no implementation outside the subjective rights of participants in direct democracy at the local level general norms, constituting direct democracy in the objective sense.

The legal norms that form the institutions of direct democracy can be divided into certain types. In the science of domestic constitutional law there is a classification of legal norms that are most often used within the framework of public law. Since direct democracy in an objective sense is part of public law, this classification is also applicable to the norms that make up the institutions of such democracy.

1. Norms-definitions. They exist within thematic articles and are created by consolidating the normative meaning of concepts in legal acts, as a rule, at the federal or regional (republican) levels. For example, Art. 2 of the Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation” dated September 19, 1997 contains definitions of terms used in this Federal Law.

2. Norms and principles regulating the initial principles of the organization and activities of subjects of direct democracy. These include Art. 3 of the Federal Law of September 19, 1997, proclaiming the principles of universal, equal and direct suffrage by secret ballot.

3. Norms-goals that define guidelines for further normative regulation of the direct expression of will of members of the local community on issues of local self-government.

4. Prohibition norms stating the inadmissibility of certain actions from a legal point of view. So, paragraph 3 of Art. 7 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” dated August 28, 1995 stipulates that federal laws, laws of constituent entities of the Russian Federation establishing norms of municipal law cannot contradict the Constitution of the Russian Federation and this Federal Law, nor limit those guaranteed by them local government rights.

5. Competence norms outlining the legal limits of the activities of subjects of direct expression of will of members of the local community in the system of local self-government. This is the article. 24 of the Federal Law of September 19, 1997, which determines the status of members of election commissions and referendum commissions.

6. Sanction norms establishing the forms and limits of responsibility of subjects of legal relations in the sphere of direct democracy at the local level. It seems possible to include Art. 64 of the Federal Law of September 19, 1997 provides for

providing grounds for canceling the registration of a candidate, for canceling the decision of the election commission, referendum commission on the results of voting based on the results of elections, referendum.

7. Mandatory norms, requiring strict compliance with the requirements established by them and not allowing deviations from them. This is exactly the norm of paragraph 2 of Art. 26 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” of August 28, 1995, establishing the obligation of local government bodies to respond on the merits of citizens’ appeals within one month.

8. Norms-calculations that define quantitative indicators that characterize specific forms of manifestation of the direct expression of the will of members of the local community on issues of local importance. An example of a calculation norm is clause 5 of Art. 63 of the Code of the Altai Territory “On elections, referendums, recall of deputies and elected officials” dated November 5, 1999, which establishes the provision that the maximum amount of all expenses of a candidate, registered candidate, voting party at the expense of the electoral, special fund cannot exceed the minimum wage established by federal law on the day of official publication (promulgation) of the decision to call elections, on the day of registration of the initiative group, more than 5000 times in the case of elections or recall of elected officials of local government with the number of registered voters in the municipality more than 150 thousand people.

The subject of direct democracy in an objective sense is the relationships that arise in connection with the direct expression of the will of citizens regarding the resolution of issues of local importance in the system of local self-government.

The legal relations that form the subject of the institutions of direct democracy can be considered in a broad and narrow sense, distinguishing their two types in relation to legal norms. “A legal relationship in a broad sense is understood as a special form of social interaction that objectively arises before the law, the participants of which have mutual, corresponding rights and obligations and implement them in order to satisfy their needs and interests in a special manner, not prohibited by the state. A legal relationship in the narrow sense of the word is understood as a type of social relationship regulated by a legal norm, the participants of which have mutual, corresponding rights and obligations and implement them in order to satisfy their needs and interests in a special manner, guaranteed and protected by the state through its organiza-

new In other words, a legal relationship of this type is understood as a legal norm in action.

Legal relations in the broad sense of the word form the basis actual institutions of direct democracy. They, as already noted, arise before the law, “serve as a source of legal norms, i.e. form public, and therefore state will." Legal relations in the narrow sense of the word, arising on the basis of legal norms, implement the state will (acts of the Russian Federation and its subjects) or public will (acts of local governments), are of a general (impersonal) nature, guaranteed and protected by the state. They form the basis legal institutions of direct democracy.

The types of legal relations arising on the basis of norms that constitute direct democracy in the objective sense can be identified taking into account the basis of the classification.

Depending on subjectlegal regulation they are divided into relations in the sphere of: local elections, local referendum; meetings (gatherings) of citizens; meetings and public demonstrations; reports and early recall of deputies and elected officials of local government; citizens' appeals to state bodies and local governments; petitions, people's law-making initiative.

By the nature of the norms, regulating relations in the sphere of direct expression of the will of citizens, they are divided into substantive and procedural. Material legal relations arise on the basis of substantive law. They implement the content of rights and obligations. Procedural legal relations are generated by procedural norms and provide for a procedure for the implementation of the rights and obligations of subjects.

The relations that constitute the subject of direct democracy in the objective sense can be general and specific. General legal relations are based on constitutional and other norms that define municipal rights and freedoms of members of the local community. They represent a legal state. Specific legal relations arise in the implementation of certain municipal rights and freedoms of members of the local community.

First of all, this is the public nature of such relationships. A striking example is the relationship that arises in the process of local elections, local referendums, and public demonstrations.

In addition, the relations that constitute the subject of direct democracy in the objective sense are, by their nature, bilateral. And one side is always the subject of power, who is entrusted by law with the obligation to promote the implementation of the rights and freedoms of citizens and to be their guarantor. The constitutional imperative is indisputable: “Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state” (Article 2 of the Constitution of the Russian Federation). “They (the rights and freedoms of man and citizen - L. Ya.) determine... the activities of the legislative and executive powers, local self-government and are ensured by justice” (Article 18).

The method of direct democracy in the objective sense is the main method of public law - imperative. Yu.A. Tikhomirov identifies several features that characterize the nature of the imperative method. They apply to direct democracy as well.

A. First of all, this is the formation and use of power relations, when the subject of making binding decisions is not bound by the consent of the party to whom they are addressed. However, the addressee has the opportunity to influence the adoption of a public act by participating in the provision of a draft decision. An example is Art. 25 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” of August 28, 1995, which establishes the right of the population, in accordance with the charter of the municipality, to take law-making initiative in matters of local importance. Draft legal acts on issues of local importance submitted by the population to local government bodies are subject to mandatory consideration at an open meeting with the participation of representatives of the population, and the results of the consideration are subject to official publication (disclosure).

B. Subjects of relations of direct expression of will in the exercise of local self-government are bound by laws; the scope and procedure of their activities are outlined by a legal framework. This is, for example, paragraph 3 of Art. 27 of the Federal Law of September 19, 1997, establishing that “an election commission, a referendum commission is authorized to begin work if its composition is formed by at least two-thirds of the established composition.”

B. Legal regulation in the sphere of direct participation of citizens in the implementation of local self-government is characterized by a positive obligation, which consists in imposing on representative bodies and elected officials of local self-government, electoral committees

missions and other similar subjects of legal relations are obliged to act in a certain direction to achieve certain goals. As an example, we can cite the norm of paragraph 7 of Art. 27 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” dated September 19, 1997, according to which “an election commission, a referendum commission at the request of any member of the relevant election commission, a referendum commission, as well as any member of a higher election commission, referendum commission present at the meeting is obliged to vote on issues within its competence and considered by the election commission, referendum commission at the meeting in accordance with the approved agenda.”

D. The imperative method of legal regulation in the field of direct participation of citizens in the implementation of local self-government sometimes provides for prohibitions of any actions. It defines the extent of possible unlawful behavior and warns legal entities against intrusion into this area. This method of influence is due to the need to ensure the public interests of members of the local community. So, paragraph 10 of Art. 24 of the Federal Law of September 19, 1997 stipulates that “a voting member of an election commission working on a permanent (full-time) basis cannot replace others government positions, be in the state or municipal service, engage in entrepreneurial and other paid activities, except for teaching, scientific and other creative activities.”

D. Direct democracy in the objective sense as a type of public law is characterized by a combination of persuasion and coercion.

Persuasion is carried out through methods of indirect influence, which help to promote the formation of a favorable situation for subjects of law, authorize them to perform a wide range of actions, stimulate vigorous activity and the choice of optimal behavior options. An illustration here can be the prescription of paragraph 2 of Art. 37 of the Federal Law of September 19, 1997 on the right of citizens of the Russian Federation, public associations, political parties, in forms permitted by law and by legal methods, to campaign for participation in elections, for or against any registered candidate (for or against the list of candidates), for holding a referendum or against its holding, for participation in a referendum or against participation in it, for or against issues submitted to a referendum.

The method of direct influence means the presence in the norms of instructions of a directive nature that do not give recipients a wide choice of options for decisions and actions. In particular, the norm of paragraph 7 of Art. 20 Federal-

The new law of September 19, 1997 establishes that lists of polling stations must be published by the head of the municipality no later than 25 days before voting day in the elections.

Direct democracy is characterized by the diversity of the main institutions that make it up. Among the institutions of direct democracy in the system of local self-government in modern stage development of society can be attributed to: local referendum; local elections; local discussions; people's law-making initiative; early recall by voters of members of elected local government bodies and elected officials of local government; meetings (gatherings) of citizens at the place of residence; citizens' appeals to local governments and public associations; petitions; reports of members of elected local government bodies and elected officials of local government to voters; rallies, demonstrations, street processions and picketing. IN this list institutions of direct democracy did not include orders from voters due to the fact that they are no longer provided for by federal legislation and the legislation of most constituent entities of the Russian Federation, as a result of which they are used in the practice of relations between local authorities and the population of a municipality extremely rarely.

Institutions of direct democracy play an important role in the system of local self-government.

Firstly, this is one of the legal forms of mediating public relations between local governments and citizens for participation in managing the affairs of the local community. With the help of such institutions of direct democracy as elections, population meetings, and a number of others, the formation and functioning of all the most important parts of the local government system and its bodies are ensured.

Secondly, some institutions of direct democracy (local referendums, citizens' meetings, etc.) themselves are part of the local government system, constituting its integral part.

Thirdly, certain institutions of direct democracy (reports of deputies and elected officials to voters, early recall of deputies and elected officials of local self-government, meetings of citizens at their place of residence, etc.) are a necessary element of feedback between citizens and the local government bodies they form. , and as such they are an integral part of representative democracy in the local government system. Thanks to the feedback from local governments and citizens, implemented through the institutions of direct democracy, the ability of local governments to

promptly respond to the economic and social needs of individual citizens, groups and public associations.

The institution of direct democracy can be considered established only when its viability, usefulness and necessity are confirmed by long-term social practice. A sign of those institutions of direct democracy that only receive legal regulation after a long time is their strong consolidation in the public consciousness and understanding of their necessity and social value, which can even replace the formally legally binding nature established by legal norms.

The development of institutions of direct democracy proceeds both extensively and intensively.

Their extensive development means the expansion of the democratic rights and freedoms of Russian citizens associated with the consolidation in the Constitution of the Russian Federation and current legislation of a wider range of democratic rights and freedoms of Russian citizens, with the perception of generally recognized principles and norms of international law, with the strengthening and improvement of guarantees and the mechanism for their implementation .

The intensive development of institutions of direct democracy involves expanding the political participation of citizens in resolving issues of local importance. Without developing the real activity of citizens, without constantly expanding the composition of persons actually participating in the implementation of local self-government, and increasing the effectiveness of this participation, all institutions of direct democracy in the system of local self-government will remain only forms, will characterize possibilities, but not the socio-political reality itself. Speaking about the intensive development of institutions of direct democracy, it should be noted that there are limits to democratization in terms of expanding the political participation of citizens in the implementation of local self-government.

§ 8. General guarantees of local government

§ 9. Special guarantees of local government

Chapter 2. Legal foundations of local self-government

§ 1. Municipal legal acts: concept, types, system

§ 2. Charter of the municipality: concept and content

§ 3. Features of the development of the draft charter of the municipality, its adoption and state registration

§ 4. Municipal rule-making

§ 5. Official symbols of municipalities

Chapter 3. Territorial foundations of local self-government

§ 1. The meaning of territorial foundations

In the organization of local government

§ 2. Concept and types of municipalities

§ 3. Hierarchy of municipalities

§ 4. Composition of the territory of the municipality

§ 5. Requirements for establishing and changing the boundaries of a municipality

§ 6. Legal regulation of the organization of local self-government in territories with a special management procedure

§ 7. Powers of state authorities of the constituent entities of the Russian Federation in the field of territorial organization of local self-government

§ 8. The role of forms of direct implementation by the population of local self-government in its territorial organization

Chapter 4. Organizational foundations of local government

§ 1. Local government system: concept, main elements

§ 2. The place of forms of direct democracy in the system of local self-government

§ 3. Place of local governments in the system

Public management of Russian society.

Local government bodies and officials:

Types, legal regulation of activities

§ 4. Territorial public self-government: goals of the organization and benefits for the population

Chapter 5. Forms of direct participation of the population in the implementation of local self-government

§ 1. Local referendum

§ 2. Municipal elections

§ 3. Recall of a deputy, member of an elected local government body

§ 4. Voting on issues of changing the boundaries of a municipal entity, transformation of a municipal entity

§ 5. Gathering of citizens

§ 6. Law-making initiative of citizens

§ 7. Public hearings

§ 8. Meetings of citizens

§ 9. Citizens' Conference

§ 10. Survey of citizens

§ 11. Appeals from citizens to local government bodies

§ 12. General characteristics of other forms of direct exercise of local self-government by the population

Chapter 6. Bodies and officials of local government

§ 1. Structure of local government bodies

Part 1 art. 34 of Federal Law No. 131-FZ determines that the structure of local government bodies consists of:

§ 2. Classification of local government bodies and officials

§ 3. Representative body of local government

§ 4. Head of the municipality

§ 5. Organization of activities of local administration

§ 6. Control body of the municipality

§ 7. Election commission of the municipality

§ 8. Status of a deputy, member of an elected body of local government, elected official of local government

§ 9. Legal regulation of municipal service

Chapter 7. Economic basis of local government

§ 1. The concept of the economic basis of local government

§ 2. The concept and nature of municipal property

§ 3. Types of municipal property

§ 4. Legal basis for the activities of municipal unitary enterprises

§ 5. Fundamentals of the municipal budget process

§ 6. Municipal procurement: concept, features

§ 7. Revenues of local budgets

§ 8. Local taxes and fees: concept and types

§ 9. Means of self-taxation of citizens

§ 10. Main directions of local budget expenditures

Chapter 8.

§ 2. The President of Russia spoke

At a training seminar-meeting for mayors of Russian cities,

Taking place under the auspices of the Presidential Administration

(Moscow, Kremlin, October 23, 2013)1

§ 3. The President of Russia held a meeting with participants of the All-Russian Congress of Municipalities (Moscow, Kremlin, November 8, 2013)1

§ 4. "Round table" on current problems of local self-government in the Legislative Assembly of the Nizhny Novgorod region (Novgorod, Kremlin, November 5, 2013)

Chapter 9. Prospects for the development of local self-government in Russia (draft of the Main directions for the development of local self-government in the Russian Federation for the medium term)

§ 1. The role of local government in the development of the state and society

§ 2. Issues of institutional and territorial organization of local government

§ 3. Issues of optimizing the powers of local self-government and delegation of state powers

§ 4. Issues of financial and economic foundations of local self-government

§ 5. Issues of strategies and mechanisms for sustainable and integrated development of municipalities

§ 6. Issues of infrastructural development of municipalities

§ 7. Issues of staffing local government

§ 8. Issues of development of local communities, public control and civil initiatives at the local level

§ 9. Issues of development and improvement of municipal control

Conclusion

Above Federal Law No. 131-FZ

(As of January 1, 2014)

Types of municipalities in the Russian Federation

And the rural population in the Russian Federation

On the territory of the Russian Federation

Resolution of the City Duma of the city of Nizhny Novgorod dated May 24, 2006 No. 41 “on the Regulations on territorial public self-government in the city of Nizhny Novgorod” (extract)

In the implementation of local self-government

Implementation of local self-government by the population

Structure of the administration of the city of Dzerzhinsk, Nizhny Novgorod region1

Lavrentiev Alexander Rudolfovich

1 See: Decision of the City Duma of Dzerzhinsk, Nizhny Novgorod Region dated January 31, 2013 N 483 “On approval of the Structure of the Administration of the City of Dzerzhinsk” (with amendments and additions)

§ 2. The place of forms of direct democracy in the system of local self-government

The declaration of the principle of democracy in the Constitution of Russia on December 12, 1993 means the recognition of the people as the source of power, the free exercise by the people of this power in full accordance with their sovereign will and fundamental interests. Local self-government, along with state power in the Russian Federation, is a form of self-government of the people. The Constitution of the Russian Federation allows civil society to solve its problems at the local level without the intervention of government bodies, through its own bodies, but also endowed with authority. This means not only the possibility of implementing local self-government, but also the establishment of municipal power as an integral attribute of Russian statehood. At the same time Only local authorities that are formed on the basis of democratic procedures, free, direct expression of the will of citizens, and equality of all subjects of the political process acting on the basis of the law can be recognized as legitimate.

Local self-government organically combines the forms of direct and representative democracy, which is one of the basic principles of organizing local self-government. However, it is forms of direct municipal democracy have priority over all other forms in the local government system, which is due to the constitutional consolidation of the principle of democracy.

In science, there are various definitions of the concept of direct democracy, developed back in Soviet doctrine 1 . Direct democracy in the local government system represents social relations that arise in the process of direct expression of the will of citizens when discussing, adopting, and implementing decisions on issues of local importance, as well as monitoring the implementation of these decisions.

Direct democracy as a form of democracy can be considered in objective and subjective senses. Direct democracy in the system of local self-government in an objective sense represents a set of legal norms that make up the general institution of constitutional and municipal law of the Russian Federation, regulating the forms of direct expression of will of members of the local community in the implementation of local self-government. Direct democracy as a socio-legal phenomenon presupposes not only the existence of legal norms contained in legislation and other sources, but also the existing subjective rights of individuals and legal entities, their powers. This allows you to determine direct democracy in the subjective sense as the right of a citizen to take part in the implementation of local self-government through direct expression of will. The right to exercise local self-government through the direct expression of the will of members of the local community is exercised through municipal rights of a public nature.

Local self-government in modern societies is reflected in the principles of popular sovereignty and majority laws, which are the fundamental principles of democratic decision-making, and, consequently, democratic government 1 . The importance of direct democracy for the system of local self-government is also determined by the fact that “it is much easier for a community consisting of several hundred or several thousand people to organize on the basis of direct participation than a country with several million inhabitants or an empire with hundreds of millions of them.” 2 . In other words, in the organization of local self-government the idea of ​​bringing power closer to the people is most clearly expressed. “...The people are the source of power in society,” wrote A. de Tocqueville, “however, they do not exercise their power more directly than in the community” 3 .

The priority role of direct democracy in the system of local self-government is determined by two circumstances:

firstly, through such forms of direct democracy as elections, population meetings and a number of others, the formation and functioning of all the most important links in the system of local self-government and its bodies is ensured;

secondly, the role of direct democracy in the system of local self-government is also determined by the fact that some of its institutions (local referendums, meetings of citizens, etc.) are themselves included in the system of local self-government, constituting its integral part.

A comparison of the concepts of direct democracy and self-government allows us to identify common features characterizing the unity of nature of such social phenomena as direct democracy and local self-government, and also determine their differences.

Unity of direct democracy and local self-government is that both institutions are varieties of democracy, involving the participation of citizens in discussion and decision-making on issues of local importance. They have a common goal - a gradual transition to broader and more effective citizen participation in governance. Self-government, according to A. de Tocqueville, is necessary condition of democracy. The author of Democracy in America argued that “communal institutions play the same role in establishing independence as primary schools for science: they open the people to freedom and teach them how to use it, this freedom.” 4 .

The unity of direct democracy and local self-government is determined by a single system of values, as well as the mechanism for their implementation. So, according to E.I. Kolyushin, “local self-government is a manifestation of human freedom as a social being” 1 .

Differencedirect democracy and local self-government is that local self-government is, first of all, the property, the quality of the local community to resolve issues of local importance. It is implemented both through elected bodies formed in accordance with the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, the charters of municipalities, and through the institutions of direct democracy. Hence, direct democracy acts as part of the organizational mechanism that ensures the implementation of this property, which is a system of forms and methods of direct participation in self-government.

Thus, local self-government and direct democracy are correlated as a property and forms of its implementation. Local self-government, representing an organic combination of the institutions of representative and direct democracy, is broader in form and implementation possibilities than direct democracy. The interdependence of these two forms of democracy is seen in the fact that the degree of development of local self-government is directly dependent on the degree of development of democracy in society as a whole, and the local community in particular.

At the end of this paragraph, it should be emphasized once again that direct democracy as a form of democracy at the local level is a subsystem of a more general system - local self-government. IN Because of this, it is characterized by integration, which in turn presupposes the vertical and horizontal consistency of its structural elements with the elements of another subsystem of local self-government - representative democracy. An in-depth study of the values ​​that make up the content of direct democracy and the mechanism for their implementation at the local level is impossible without an analysis of representative democracy at the local level and their comparison.

Faculty of Law

Department of Constitutional and Administrative Law

Coursework

on constitutional law of the Russian Federation

on the topic

“Forms of direct democracy in the implementation of local self-government”

Arkhangelsk

Introduction

Chapter 1. Forms of direct democracy in the implementation of local self-government

1.1 Local referendum. Municipal elections

1.2 Voting on the recall of a deputy, member of an elected local government body, or elected official. Voting on issues of changing the boundaries of a municipal entity, transforming a municipal entity

1.3 Territorial public self-government

1.4 Citizens' meeting

Chapter 2. Implementation of local self-government directly by the population in the Russian Federation

Conclusion

List of sources

Introduction

In global practice, local self-government is understood as the right and real ability of local governments to regulate a significant part of public affairs and manage it, acting within the framework of the law, under their own responsibility and in the interests of the local population.

In the Russian Federation, local self-government was introduced by the 1993 Constitution. The Constitution stipulates that the only source of power in the state is the people. The people exercise their power directly, as well as through state authorities and local governments.

Mechanisms for the implementation of local self-government directly by the population are enshrined in Federal Law 131 “On the General Principles of the Organization of Local Self-Government.” These include local referendum, municipal elections, the procedure for recalling deputies, members of an elected body of local government, law-making initiative of citizens, territorial public self-government and other methods. In the scientific literature, these institutions are defined as forms of direct implementation of local self-government by the population (forms of direct democracy) and forms of participation of the population in the implementation of local self-government. This course work will examine the forms of direct democracy in the implementation of local self-government.

The goals of the work are:

1 – study of the institutions of direct democracy in the implementation of local self-government;

2 – identification of features of Russian practice in the implementation of local self-government.

Tasks course work:

1 – familiarization with the legislation of the Russian Federation regulating issues of local self-government, study of scientific developments about the institutions of direct democracy in the implementation of local self-government;

3 – study of practice (including judicial practice) in the implementation of local self-government in various regions of the country.

The topic of the course work is quite relevant.

Firstly, local government is still in the reform stage. This is due, first of all, to recent fundamental changes in legislation (the current Federal Law 131 “On the General Principles of the Organization of Local Self-Government” contains many new provisions compared to the Federal Law “On the General Principles of the Organization of Local Self-Government” of 1995)

Secondly, there are no fundamental scientific developments on this topic. Municipal law is a new branch of law, not clearly assessed by all specialists, the main provisions of which are in the process of permanent revision.

Thirdly, in practice, when implementing local self-government, a fairly large number of issues arise, and violations of the constitutional rights of citizens are not uncommon.

All these problems require immediate resolution, since the improvement of socio-economic, cultural and political conditions existence of citizens; The development of such qualities among the population as the ability to self-organize and a sense of responsibility for decisions made also depends.

Chapter 1. Forms of direct democracy in the implementation of local self-government

The forms of local self-government exercised by the population are enshrined in Federal Law 131 “On the General Principles of the Organization of Local Self-Government.” Conventionally, they can be divided into 2 groups. These are those forms that are associated with the direct implementation of local self-government by the population and those forms that involve only the participation of the population in the implementation of local self-government. There are many different grounds on which the forms of local self-government are classified. The division based on the following principles seems to be the most scientifically substantiated:

1. By the nature of the legal result.

forms of direct democracy influence the final result in an imperative manner. The result of the population’s participation in the implementation of local self-government is “the development of an intermediate legal result in a consultative manner”;

2. By subject composition.

Participation of the population in the implementation of local self-government, in contrast to the direct implementation of local self-government, does not imply “personalized recording of participants, direct expression of the will of citizens, the presence of a quorum, special control over compliance with the established regulations for holding events and others mandatory conditions and attributes."

Based on this, the forms of direct democracy in the implementation of local self-government include: local referendum, municipal elections, voting on the recall of a deputy, a member of an elected body of local government, an elected official of local government, voting on issues of changing the boundaries of a municipal entity, transformation of a municipal entity. Other forms of local self-government - lawmaking initiatives, public hearings, conferences and meetings of citizens - are classified only as forms of participation.

1. 2 Local referendum. Municipal elections.

Along with other forms of local self-government by the population, municipal elections and local referendum are fundamental forms. The Constitution of the Russian Federation recognizes elections and referendums as the highest direct expression of the power of the people. Consequently, local referendums and municipal elections are a way for the population to directly resolve issues of local importance and an expression of the will of the population of the corresponding municipality.

In accordance with Federal Law - 131 and Federal Law - 67, a local referendum is understood as a form of direct expression of the will of citizens on the most important issues of local importance for the purpose of decision-making, carried out through voting by citizens whose place of residence is located within the boundaries of the municipality and who have the right to participate in local referendum.

Signs of a local referendum:

1. is a form of direct implementation by the population of local government issues;

2. carried out exclusively on issues of local importance;

3. carried out within the boundaries of the relevant municipality;

4. citizens whose place of residence is located within the boundaries of the municipality have the right to participate in a local referendum;

A decision made in a local referendum, formalized in the form of a legal act, is an act of the highest legal force in the system of municipal legal acts, has direct effect and is applied throughout the territory of the municipality. A decision made at a local referendum does not require approval by any government bodies, government officials, or local government bodies.

In accordance with federal legislation, the Arkhangelsk region adopted the regional law of June 30, 2004 “On the local referendum in the Arkhangelsk region.”

Municipal elections are a form of direct expression of the will of residents of a municipal entity, carried out in accordance with the Constitution of the Russian Federation, the laws of the constituent entities of the Russian Federation and the charters of municipal entities in order to form elected bodies of local self-government and (or) empower elected officials of local self-government. In the Arkhangelsk region, the Regional Law of November 8, 2006 “On elections to local government bodies in the Arkhangelsk region” is in force.

Signs of municipal elections:

1. is a form of direct implementation of local self-government by the population;

2. are carried out for the purpose of forming elected bodies of local self-government, electing elected officials of local self-government;

3. residents of the municipality have the right to participate in municipal elections;

4. are carried out on the territory of the relevant municipality.

Through municipal elections, citizens determine those who are most prepared to carry out the functions of local government as their representatives in elected local government bodies. According to O.E. Kutafina, municipal elections “...give the population the opportunity, during the election campaign, to evaluate the activities of local government bodies and officials, to determine ways and means of improving their work.”

As a general rule, the right to vote in the Russian Federation belongs to a citizen who has reached the age of 18 on the day of elections or referendums. Citizens declared incompetent by a court or held in prison do not have the right to vote, be elected, or participate in a referendum. On the basis of international treaties of the Russian Federation, foreign citizens permanently residing on the territory of the relevant municipality have the right to elect and be elected to local government bodies, participate in other electoral actions, and also participate in a local referendum on the same conditions as citizens of the Russian Federation.

The corresponding precinct commission, 20 days before the vote, submits a list of voters, referendum participants and its additional clarification. A citizen of the Russian Federation has the right to apply to the precinct commission with an application to be included in the voter list, or to report any other error.

A local referendum is held on the initiative of the population of the municipality, electoral associations, and on the joint initiative of the representative body of the municipality and the head of the local administration. The condition for calling a local referendum on the initiative of citizens and electoral associations is the collection of signatures in support of the initiative, the number of which is established by the law of the constituent entity of the Russian Federation and cannot exceed five percent of the number of referendum participants registered in the territory of the municipality. To put forward an initiative to hold a referendum and collect signatures from citizens in support of it, an initiative group to hold a referendum is formed. The referendum initiative group must register with the referendum commission and receive an appropriate registration certificate.

The representative body of the municipality is obliged to check within 20 days the compliance of the issue proposed for submission to a referendum with the requirements of the law. Refusal to register can be appealed in court. Only after the registration certificate is issued, the initiative group has the right to begin collecting signatures, conducting campaigning and other events provided for by the referendum campaign. In Art. 12 Federal Law - 67 “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” clearly defines the range of issues to be submitted to a referendum, and establishes a list of requirements for those issues that can be submitted to a referendum.

A local referendum is appointed by the representative body of the municipality within the time limits provided for in the Charter. This period is no more than 30 days from the date of submission by the initiative group for holding a referendum necessary documents to a representative body. The decision to call a local referendum is subject to official publication in the media no later than 5 days from the date of adoption.

Municipal elections are called by the representative body of the municipality within the time limits provided for by the Charter of the municipality. The decision to call elections to a local government body must be made no earlier than 90 days and no later than 80 days before voting day. Voting days for local government elections are the second Sunday of March or the second Sunday of October. If municipal elections or a local referendum have not been called by the relevant body, then this right is granted to a court of general jurisdiction.

The conduct and organization of local referendums and municipal elections are carried out by the election commission of the municipality and precinct commissions.

A mandatory condition for holding referendums and elections in the Russian Federation, incl. and at the local level, is their information support, which includes informing voters, referendum participants, pre-election campaigning, campaigning on referendum issues and promotes the informed expression of the will of citizens, the transparency of elections and referendums.

The voting itself is carried out in a room that is provided free of charge to the precinct commission by the head of the municipality. The voting premises must have a hall in which special booths or other specially equipped places for secret voting are located. The counting of votes of voters and referendum participants begins immediately after the closing time for voting and is carried out openly and publicly with the announcement and appropriate execution of the Protocol on the voting results. Votes can be counted directly, i.e. manually or using technical means counting votes. Members of the relevant election commission or referendum commission determine the results of referendums and elections personally. Election commissions and referendum commissions send general data on the results of elections and referendums to the media within one day after determining the results of elections and referendums.

Local referendums and municipal elections may be declared invalid or not held. In such cases, a procedure for repeat elections and repeat voting in a referendum is provided.

1.2 Voting on the recall of a deputy, a member of an elected local government body, an elected official of a local government, voting on issues of changing the boundaries of a municipal entity, transforming a municipal entity.

The recall of a deputy, a member of an elected body of local self-government, an elected official of local self-government as an institution of direct democracy is a form of responsibility of a deputy, an elected official to the population, the content of which is the possibility of early termination of the powers of a deputy, a member of an elected body of local self-government, an elected official at will voters.

The grounds for recalling a deputy, member of an elected local government body, or an elected official are established by the Charter of the municipality. Thus, according to the Charter of the municipal formation “City of Arkhangelsk,” recall is possible if a deputy or the mayor of the city has lost the trust of voters or has not fulfilled their deputy powers or the powers of the mayor of the city, respectively.

The recall procedure is similar to the procedure for holding local referendums and includes the following stages: initiating a recall vote, scheduling a recall vote, preparing for a recall vote, conducting a campaign campaign, voting and determining the results of the recall vote. The procedure is enshrined in the law of the subject of the Federation, adopted in accordance with Federal Law - 131. A deputy is considered recalled if at least half of the voters registered in the municipal district or municipal entity voted for the recall. The voting results are subject to official publication (publication). In the Arkhangelsk region, the Regional Law of June 21, 2006 was adopted “On the procedure for voting on the recall of a deputy of a representative body of a municipal entity, a member of an elected body of local self-government, an elected official of local self-government.”

Constant control by the population over the work of deputies and elected officials, criticism from voters of the shortcomings in the activities of these individuals help to ensure active influence on the entire practice of elected bodies and local government officials, to intensify their work, to combat the manifestation of bureaucracy, red tape, inattention to needs and requirements of people.

The Constitution of the Russian Federation establishes that changes in the boundaries within which local self-government is exercised are permitted taking into account the opinion of the population of the relevant territories. The constitutional requirement to take into account the opinion of the population when changing the boundaries of territories in which local self-government is exercised relates to the very essence of the constitutional – legal status local self-government and is one of the necessary guarantees of the right of citizens to independently resolve issues of local importance.

The consent of the population when changing the boundaries of a municipal entity is necessary if the boundaries of municipal districts, as well as the boundaries of settlements, are changed in cases established by law. Consent is also required in cases established by law when transforming municipalities, which includes the merger, division of municipalities, changing the status of an urban settlement in connection with granting it the status of an urban district or depriving it of the status of an urban district.

Voting on issues of changing the boundaries of a municipal formation, transforming a municipal formation is appointed by the representative body of the municipal formation and is carried out in the manner established by federal law and the law of the subject of the Federation adopted in accordance with it. The consent of the population is considered received if more than half of the residents of the municipality or part of the municipality who took part in the voting voted for the specified change or transformation.

This institution of local self-government is used to identify the opinion of the population on an issue that is being decided by a subject of the Federation. The population cannot change the boundaries of a municipality or carry out a transformation by voting, however, without obtaining the consent of the population, the subject does not have the right to carry out these changes.

1.3 Territorial public self-government.

Territorial public self-government is understood as the self-organization of citizens at their place of residence in part of the territory of the settlement for the independent and under their own responsibility to implement their own initiatives on issues of local importance. The boundaries of the territory in which territorial public self-government is exercised are established by the representative body of the settlement at the proposal of the population living in this territory. This could be the entrance to an apartment building, an apartment building, a group of residential buildings, a residential microdistrict, a rural locality, which is not a settlement and other areas of residence of citizens.

Territorial bodies of public self-government are created for interaction and cooperation with local government bodies. The charters of many municipalities provide for the possibility of transferring issues to local government bodies for resolution by territorial public self-government bodies, and it is also possible to establish a sphere of joint jurisdiction. In particular, this is manifested in the fact that it is the representative body of the municipality that, in the Charter or other normative and legal acts, establishes the procedure for organizing and implementing territorial public self-government, the conditions and procedure for allocating necessary funds from the local budget. However, TOS independently determines the goals, objectives, forms and main directions of its activities. Issues of organizing TOSs in the Municipal Organization "City of Arkhangelsk" are regulated by the Decision of the Arkhangelsk City Council of Deputies dated May 16, 2007 "On the organization and implementation of territorial public self-government in the territory of the municipal formation "City of Arkhangelsk"."

Territorial public self-government can be a legal entity, carry out economic activities, have and independently use financial resources, which are generated from income economic activity, voluntary contributions and other income. Territorial public self-government is carried out directly by the population through meetings and conferences of citizens, as well as through the creation of territorial public self-government bodies.

Bodies of territorial public self-government represent the interests of the population living in the corresponding territory and ensure the execution of decisions made at meetings and conferences of citizens. TOS also have the right to submit draft municipal legal acts to local governments.

The proximity of territorial public self-government bodies to the population, the simplicity and order of their formation, the close connection of their activities with the everyday vital interests of citizens ensure the mass character of these bodies and determine the need to increase their role in the system of local self-government.

1.4 Citizens' meeting

This form of exercise by the people of their power is used in a settlement where the number of residents with voting rights is no more than 100 people. The citizens' gathering exercises the powers of the representative body of the municipality, including those within the exclusive competence of the representative body. This form of direct democracy is the most accessible means self-organization of citizens. The population of the settlement is provided with the opportunity to combine collective discussion of issues and decision-making with their personal activity and initiative, expressed in their questions, speeches, and participation in voting.

A gathering of citizens is convened either by the head of the municipality independently, or on the initiative of a group of residents of the settlement of at least 10 people. The meeting is chaired by the head of the municipality or another person elected at the citizens' meeting.

Decisions made at a citizens' meeting are subject to mandatory execution on the territory of the settlement.

This institution of direct democracy occupies an important place in the system of local self-government. Being one of the most widespread forms of direct democracy, a citizens' meeting serves as a form of involving the population of a settlement in the implementation of a wide variety of administrative functions.

Chapter 2 Implementation of local self-government directly by the population in the Russian Federation

As already noted, the main regulatory and legal act regulating the exercise of local self-government by the population is Federal Law - 131 “On the general principles of the organization of local self-government” dated October 6, 2003. This law marked the beginning of municipal reform in the Russian Federation. The authors of the reform proclaimed quite correct goals: to bring municipal authorities closer to the population, clearly define its social responsibilities, etc. However, the socio-economic problems that arose during the local government reform, defects in legal framework have given rise to additional problems in practice, and many of the objectives of the reform have not been implemented to this day. The main question remains unresolved: does the population really have the right to exercise local self-government independently, independently and under its own responsibility?

So, Peshin N.L. believes that in a local self-government built on new principles, local government bodies and officials come to the fore. The importance of the population in the exercise of public power mainly comes down to the functioning of the representative body of the municipality and participation in a number of consultative procedures. The system of local self-government bodies has already been established in federal legislation, as a result of which state authorities have a real opportunity to deal with decisions important issues local government, determining their results, which directly contradicts Art. 131 of the Constitution of the Russian Federation.

The practice of applying new legislation on local self-government is often devoid of logic and is contrary to the basic constitutional principles of the organization of local self-government. Judge of the Constitutional Court A.Ya. Sliva noted that the Constitution of the Russian Federation does not indicate that “local self-government appears in 2003 or 2009; The Constitution came into force in 1993 and its provisions relating to local government must be respected.” In addition, a fairly large number of organizational errors arise, associated with ignorance of the legislation on local self-government and the reluctance of local self-government bodies, officials and government bodies to solve existing problems.

In the Federal Law - 131 local referendum is the first to be prescribed as one of the forms of local self-government by the population. However, the provision on a referendum as the highest direct form of expression of the power of the people, relating to the foundations of the constitutional system, from the standpoint of practice does not mean an absolutization of the role of this institution in the mechanism of local government. Firstly, the ability of citizens to make public decisions is always limited. Thus, in the Russian Federation, the powers exercised exclusively by the direct expression of the will of the population include the introduction and use of means of self-taxation of citizens. Secondly, a local referendum as a way to resolve issues of local importance in the Russian Federation is used extremely rarely, which in fact makes it an optional means of implementing local self-government. In the Arkhangelsk region, incl. and in the municipal formation "City of Arkhangelsk", a referendum on issues of local importance was not held.

To the most frequently asked questions, proposed for submission during a local referendum, include: determination of the structure of local government bodies, the territorial structure of the municipality, etc.

Thus, the structure of local government bodies in some newly created municipalities was determined by local referendums: 104 local referendums were held in the Republic of Bashkortostan, 266 local referendums were held in the Tomsk region. In the city of Kirov, an initiative group proposed putting it up for a referendum the following questions: Do you agree that the head of the city should be elected directly by the population; Do you agree that the head of the city should head the city administration? These issues were recognized by the representative body as not subject to a referendum. The District Court of Kirov, by decision of December 18, 2006 No. 2-1242/06, confirmed the legality of the refusal with the following motivation. The law of October 6, 2003 provides for the holding of a local referendum on the structure of local governments in newly formed municipalities, the city of Kirov is not one of them. The cassation court upheld this decision; the supervisory authority saw no grounds for challenging it. The scientific literature expresses the opinion that this provision contradicts Article 131 of the Constitution of the Russian Federation, which directly establishes that questions about the structure of local government bodies are determined by the population independently.

After the adoption of Federal Law 131, the boundaries of municipal districts were changed in many regions of the Russian Federation. For example, on February 20, 2005, a local referendum was held in the Tula region on the separation of the city of Novomoskovsk from the Novomoskovsky district. In the Kemerovo region, on March 31, 2002, district referendums were held in the cities of Mariinsk and Topki. The issue of unifying the Mariinsky and Topkinsky districts was being resolved. More than 80% of referendum participants (with a turnout of 60%) were in favor of unification.

A characteristic negative feature of referendums is the low turnout of the population in referendums. In the city of Svetly, Kaliningrad region, a referendum was held on May 22, 2005, but the following questions were raised: do you agree with the construction of a terminal for transshipment of petroleum products on the street. Krzhizhanovsky, 4 within the city of Svetly? Do you agree with the reconstruction and construction of a bunkering base for bunkering ships with fuel and transshipment of oil to tankers on the street. Rybatskaya, 1 within the city of Svetly? The referendum was declared invalid because the 50 percent turnout threshold was not overcome. Voter turnout at polling stations was 48.5%.

Despite the fact that Federal Law No. 131 of October 6, 2003, in comparison with the Federal Law “On the General Principles of the Organization of Local Self-Government” of 1995, defined the local referendum as the main form of local self-government, today it remains an optional instrument for the implementation of local self-government.

The mandatory nature and frequency of holding elections in the Russian Federation is established by Federal Law 67 “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation.” Municipal elections are the most used form of local government.

The most common shortcomings of regional laws on municipal elections are the lack of variability in the types of electoral systems, the lack of an exact (in percentage) number of voter signatures required for registration of candidates, lists of candidates, the establishment of unjustifiably low limits on expenditures from the election funds of deputies, the lack of timing of the re-vote. The laws of the Republic of Sakha (Yakutia) required significant improvements. Stavropol Territory, Khanty-Mansiysk, Chukotka and Aginsko-Buryat Autonomous Okrugs.

The organization and conduct of elections is carried out either by the election commission of the municipal district, or by the territorial election commission, which is entrusted with the powers of the election commission of the municipality. It should be noted that in a number of subjects the need to form municipal election commissions in municipal area was caused only by the fact that the members of the corresponding territorial election commission were in the direct service or official subordination of the candidates (Novosibirsk region). However, most often territorial election commissions organize and conduct elections - they are state bodies, therefore their activities are financed from the state budget; As a rule, there are not enough funds in the local budget to finance the election commission of a municipality.

The practice of holding municipal elections shows that at the level of rural settlements, regional and local branches of political parties are not active. Political parties are most active during elections of heads and representative bodies of municipalities.

The institution of an electoral deposit is replacing the collection of signatures as a traditional form of support for the nomination of candidates. There are known cases when political rivals infiltrated the ranks of collectors and deliberately collected false signatures in the hope of a subsequent appeal against the opponent’s registration. It should also be noted that there are no real mechanisms to verify the authenticity of signatures within 5 days.

The main reason for the failure of election commissions to comply with legal requirements is not malicious intent, but “organizational purpose.” The actions of election commissions related to the calculation of election deadlines are most often appealed.

Errors related to the compilation of voter lists are common. The concepts of “actual location of residence” and “actual temporary stay” should be clearly distinguished. For example, during the elections for the mayor of Omsk in 2005, the question of whether it was necessary to include students living in a dormitory in the voter list was decided. Students from other cities and rural areas of the Omsk region, temporarily registered in the city of Omsk, did not participate in the elections.

In the Arkhangelsk region, the actions of election commissions, their decisions and resolutions are most often subject to appeal. There are also cases in practice where the legality of the elections themselves is challenged. Thus, the municipal elections for mayor of the city of Arkhangelsk on May 25, 2008 received wide publicity in the Arkhangelsk region, when one of the losing candidates L.P. Bazanova. tried to challenge the actions of the election commission in court.

In current legislation, as one of possible forms implementation of local self-government by the population, the ability of citizens to create territorial public self-government is fixed. The essence and specifics of this institution are not completely clear. In particular, the question is raised about what is the fundamental difference between TOS and meetings and conferences of citizens as forms of public participation in the implementation of local self-government. At the federal level, attempts were made to pass a law on TOS, but it was repeatedly presented in State Duma the bill was never passed.

Meanwhile, practice shows that TOSs are still being created in some municipalities. Most often, with the help of such self-organization, the population carries out economic activities to improve the territory and other economic activities aimed at meeting the social and everyday needs of citizens.

The problem of organizing TOS is related to the fact that issues of their creation and organization are regulated either by the Charter of the Municipal Entity, or by another normative legal act adopted by the representative body of the municipal entity. Such a legislative provision sometimes entails the dependence of territorial public self-government bodies on local self-government bodies. Thus, individual municipalities “take over” the bodies of territorial public self-government, forming them as grassroots structures of local self-government.

The procedure for recalling a deputy, an elected official and voting on issues of changing the boundaries of a municipality and its transformation is associated with the institution of taking into account the opinion of the population. Federal Law - 131 transfers to the federal level legal guarantees of taking into account the opinions of the population when resolving issues of trust in issues of territorial structure. This imperative limits the discretion of the legislator and law enforcer when making relevant decisions.

When considering the case on the exclusion of the village of Sukhogorye from the boundaries of the Karamyshevsky rural settlement and its inclusion in the boundaries of the city of Lipetsk, the issue was examined that the draft law on changing boundaries was submitted to the Lipetsk Regional Council as a legislative initiative by a deputy of the Lipetsk Regional Council of Deputies, which violated the relevant legislation .

The practice of normative and legal regulation of relations related to the implementation of the right of citizens to gather has its own characteristics. In Federal Law No. 131 the issue itself is not addressed as specifically as other forms of local self-government exercised by the population. Regional legislation represents a fairly wide range of regulatory models, which is further expanded at the local level. This often leads to the fact that the provisions of municipal charters do not comply with the law.

Conclusion

Local self-government, as one of the ways the people exercise power, by its specificity, is the form of power closest to the population. Based on this, it is necessary to recognize that the forms of exercise by the people of their power is the most important element of the institution of local self-government.

The legislation of the Russian Federation establishes a fairly wide range of forms of exercise of local self-government by the population. Another thing is that some of them are rarely used and are actually optional forms.

The legislation on LSG itself is generally democratic and complies with the basic international principles in the field of municipal law. However, a more thorough analysis of the legislation can reveal such a trend. The state, with the help of certain legal norms, uses the institution of local self-government for its own purposes. In particular, the state in some cases shifts some important powers from itself, strives to subordinate local self-government to itself, and does not allow the institution of local self-government to become more independent. So, for example, in Chapter 2 of this work, “Exercising local self-government directly by the population,” it was noted that the powers actually exercised exclusively by the direct will of the population include only the introduction and use of means of self-taxation of citizens. This condition is dictated not by the special significance of the issue of self-taxation, but by the desire to avoid conflicts with tax legislation. Along with the problem of black holes in Russian legislation, there is another problem - poor execution and application of existing legislation.

In general, the role of local government in the Russian Federation is underestimated. LSG is not perceived by the people as real way solving your problems, achieving your goals. It can be said that the vein of civil society that should be present in the implementation of the institution of local self-government is absent in reality.

In addition, in the science of municipal law there is no uniform understanding of the subject, method and system of this branch of law. A unified classification of forms of local self-government has not yet been developed that would allow differentiating forms of direct democracy from forms of public participation. The essence of many elements of the institution of local self-government is understood differently by scientists.

In conclusion, it should be noted that problems arising during the implementation of local self-government require immediate resolution. Local self-government is the basis of the entire society. The qualitative changes that have occurred in its structure will entail significant improvements in the functioning of society, the entire state system generally.

List of sources

1. European Charter of Local Self-Government of October 15, 1985: official text: (ratified by the Federal Law of April 11, 1998 No. 55 - Federal Law). – Collection of Legislation of the Russian Federation. – 1998. - No. 36. – Article 4466

2. Constitution of the Russian Federation: official. text: (adopted by popular vote on December 12, 1993) // Rossiyskaya Gazeta. – 1993. - No. 252.

3. On the basic guarantees of electoral rights and the right to participate in a referendum of the Russian Federation: Federal Law of June 12, 2002 No. 67 - Federal Law // Collection of legislation of the Russian Federation. – 2002. - No. 24. – Art. 2253

4. On the general principles of organizing local self-government: Federal Law of October 6, 2003 No. 131 - Federal Law // Collection of legislation of the Russian Federation. -2003 – No. 40. – Art. 3822

5. On ensuring the constitutional right of citizens of the Russian Federation to elect and be elected to local government bodies: Federal Law of November 26, 1996. No. - Federal Law // Collection of legislation of the Russian Federation. – 1996 - No. 49. – Art. 5497.s

6. Resolution of the Central Election Commission of May 26, 2005 No. 145/986 // www.arkhangelsk.isbirkom.ru

7. Charter of the Arkhangelsk Region: official text: (adopted by the Arkhangelsk Regional Assembly of Deputies on May 23, 1995) // Volna. – 2001.-No. 13.

8. On local referendum in the Arkhangelsk region: Regional Law of June 30, 2004 No. 240 - 31 - OZ//