ON THE GENERAL PRINCIPLES OF ORGANIZING LOCAL SELF-GOVERNMENT IN THE RUSSIAN FEDERATION

(as amended April 22, November 26, 1996, March 17, 1997, August 4, 2000, March 21, 2002, July 7, December 8, 2003, July 21, 2005)

Federal Law No. 131-FZ of October 6, 2003 declared this Federal Law invalid as of January 1, 2009.

This Federal Law, in accordance with the Constitution of the Russian Federation, determines the role of local self-government in the exercise of democracy, the legal, economic and financial foundations of local self-government and state guarantees for its implementation, establishes the general principles for organizing local self-government in the Russian Federation.

Chapter I. General Provisions

Article 1. Basic concepts and terms

1. With regard to this Federal Law, concepts and terms are used in the following meanings:

municipality- an urban, rural settlement, several settlements united by a common territory, part of a settlement, other populated territory provided for by this Federal Law, within which local self-government is exercised, there are municipal property, a local budget and elected bodies of local self-government;

local issues- issues of direct support for the life of the population of the municipality, classified as such by the charter of the municipality in accordance with the Constitution of the Russian Federation, this Federal Law, the laws of the constituent entities of the Russian Federation;

local authorities- elected and other bodies empowered to resolve issues of local importance and not included in the system of state authorities;

representative body of local self-government- an elected body of local self-government, which has the right to represent the interests of the population and make decisions on its behalf that are valid on the territory of the municipality;

local government official- elected or working under a contract (employment contract) a person who performs organizational and administrative functions in local governments and does not belong to the category of civil servants;

elected local government official- an official elected by the population directly or by a representative body of local self-government from among its members, endowed in accordance with the charter of the municipality with the authority to resolve issues of local importance;

municipal property- property of the municipality;

local taxes and fees- taxes and fees established by local governments independently;

municipal service- professional activity on a permanent basis in local governments in the exercise of their powers.

2. Terms "municipal" And "local" and phrases with these terms are used in relation to local governments, enterprises, institutions and organizations, objects of property and other objects, the purpose of which is related to the implementation of local government functions, as well as in other cases related to the implementation of local government by the population.

Article 2. Local self-government

1. Local self-government in the Russian Federation is an independent activity of the population recognized and guaranteed by the Constitution of the Russian Federation and under its own responsibility to resolve directly or through local self-government bodies issues of local importance, based on the interests of the population, its historical and other local traditions.

2. Local self-government as an expression of the power of the people is one of the foundations of the constitutional order of the Russian Federation.

Article 3. The right of citizens of the Russian Federation to exercise local self-government

1. Citizens of the Russian Federation shall exercise their right to local self-government in urban, rural settlements and other municipal formations in accordance with federal guarantees of the electoral rights of citizens through a referendum, elections, other forms of direct expression of will, as well as through elected and other bodies of local self-government.

2. Citizens of the Russian Federation have equal rights to exercise local self-government, both directly and through their representatives, regardless of gender, race, nationality, language, origin, property and official status, attitude to religion, beliefs, membership in public associations.

3. Citizens of the Russian Federation have the right to elect and be elected to local self-government bodies.

4. Citizens of the Russian Federation have equal access to municipal service.

5. Citizens of the Russian Federation have the right to apply to bodies of local self-government and officials of local self-government.

6. Bodies of local self-government and officials of local self-government are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect the rights and freedoms of man and citizen, as well as the opportunity for citizens to receive other complete and reliable information about the activities of local self-government bodies, unless otherwise provided by law.

Federal Law No. 107-FZ of August 4, 2000 amended Article 4 of this Federal Law

Article 4

The powers of state authorities of the Russian Federation in the field of local self-government include:

1) adoption and amendment of federal laws on the general principles of the organization of local self-government, control over their observance;

2) ensuring compliance of the legislation of the constituent entities of the Russian Federation on local self-government with the Constitution of the Russian Federation and federal legislation;

3) ensuring guarantees for the implementation of the obligations of the state in the field of local self-government provided for by the Constitution of the Russian Federation and the laws of the Russian Federation;

4) regulation by laws of the procedure for transferring objects of federal property to municipal property;

5) empowering local self-government bodies by federal law with certain powers of the Russian Federation, transferring to them the material and financial resources necessary for the exercise of these powers, control over their implementation;

6) establishment of state minimum social standards;

7) regulation of relations between the federal budget and local budgets;

8) adoption of federal programs for the development of local self-government;

9) compensation to local self-government for additional expenses incurred as a result of decisions taken by federal government bodies;

10) regulation and protection of the rights of citizens to exercise local self-government;

11) provision of federal guarantees for the financial independence of local self-government;

12) the establishment of federal guarantees of the electoral rights of citizens in the elections of bodies of local self-government and officials of local self-government;

13) establishment of the procedure for judicial protection and judicial protection of the rights of local self-government;

14) regulation and establishment of responsibility of local self-government bodies and officials of local self-government for violation of laws;

15) implementation of prosecutorial supervision over the observance of the law in the activities of local governments and local government officials;

16) regulation of the peculiarities of the organization of local self-government in border areas, closed administrative-territorial entities;

17) regulation of the foundations of the municipal service;

18) regulation by federal laws of the specifics of the organization of local self-government in cities of federal significance.

Article 5

The powers of state authorities of the constituent entities of the Russian Federation in the field of local self-government include:

1) adoption and amendment of the laws of the subjects of the Russian Federation on local self-government, control over their observance;

2) ensuring the compliance of the laws of the subjects of the Russian Federation on local self-government with the Constitution of the Russian Federation and the laws of the Russian Federation;

3) regulation of the procedure for the transfer and transfer of objects of property of the constituent entities of the Russian Federation into municipal property;

4) regulation of relations between the budgets of the subjects of the Russian Federation and local budgets;

5) ensuring the balance of the minimum local budgets based on the norms of the minimum budgetary security;

6) empowering local governments by law with separate powers of the constituent entities of the Russian Federation, transfer of material and financial resources necessary for the implementation of the delegated powers, control over their implementation;

7) adoption of regional programs for the development of local self-government;

8) protection of the rights of citizens to exercise local self-government;

9) ensuring guarantees of financial independence of local self-government;

10) ensuring state minimum social standards;

11) establishing and changing the procedure for the formation, amalgamation, transformation or abolition of municipalities, establishing and changing their boundaries and names;

12) compensation to local self-government for additional expenses incurred as a result of decisions taken by state authorities of the constituent entities of the Russian Federation;

13) regulation by laws in accordance with this Federal Law of the peculiarities of the organization of local self-government, taking into account historical and other local traditions;

14) legislation on municipal service;

15) adoption and amendment of the laws of the constituent entities of the Russian Federation on administrative offenses on issues related to the implementation of local self-government;

Federal Law No. 123-FZ of July 7, 2003 amended Article 6 of this Federal Law

Article 6

1. Municipal formations are in charge of issues of local importance, as well as certain state powers that may be vested in local self-government bodies.

2. Issues of local importance include:

1) adoption and amendment of charters of municipalities, control over their observance;

2) possession, use and disposal of municipal property;

3) local finance, formation, approval and execution of the local budget, establishment of local taxes and fees, resolution of other financial issues of local importance;

4) integrated socio-economic development of the municipality;

6) organization, maintenance and development of municipal institutions of preschool, general and vocational education;

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

8) protection of public order, organization and maintenance of municipal bodies for the protection of public order, control over their activities;

9) regulation of planning and development of territories of municipalities;

10) creation of conditions for housing and socio-cultural construction;

11) control over the use of land on the territory of the municipality;

12) regulation of the use of water bodies of local importance, deposits of common minerals, as well as subsoil for the construction of underground structures of local importance;

13) organization, maintenance and development of municipal energy, gas, heat and water supply and sewerage;

14) organizing the supply of the population and municipal institutions with fuel;

15) municipal road construction and maintenance of local roads;

16) improvement and gardening of the territory of the municipality;

17) organization of disposal and processing of household waste;

18) organization of ritual services and maintenance of burial sites;

19) organization and maintenance of municipal archives;

20) organization of transport services for the population and municipal institutions, provision of the population with communication services;

21) creation of conditions for providing the population with services of trade, public catering and consumer services;

22) creation of conditions for the activities of cultural institutions in the municipality;

23) preservation of historical and cultural monuments that are in municipal ownership;

24) organization and maintenance of the municipal information service;

25) creation of conditions for the activities of the mass media of the municipality;

26) creation of conditions for organizing entertainment events;

27) creation of conditions for the development of physical culture and sports in the municipality;

28) providing social support and promoting employment of the population;

29) participation in environmental protection on the territory of the municipality;

30) ensuring fire safety in the municipality, organization of the municipal fire service.

Municipal formations have the right to accept for their consideration other issues classified as issues of local importance by the laws of the constituent entities of the Russian Federation, as well as issues not excluded from their jurisdiction and not attributed to the jurisdiction of other municipal formations and state authorities.

Federal Law No. 55-FZ of March 17, 1997 amended Item 3 of Article 6 of this Federal Law

3. If within the boundaries of the territory of a municipal formation (with the exception of the city) there are other municipal formations, subjects of jurisdiction of municipal formations, objects of municipal property, sources of income of local budgets are delimited by the law of the subject of the Russian Federation, and in relation to intra-city municipal formations - by the charter of the city.

In the subjects of the Russian Federation - the cities of federal significance Moscow and St. Petersburg, in order to preserve the unity of the urban economy, the subjects of jurisdiction of the municipalities located on their territories, including those established by federal law, objects of municipal property, sources of income of local budgets are determined by the laws of the subjects of the Russian Federation - cities federal significance of Moscow and St. Petersburg.

Municipal formations should be provided with economic and financial independence in accordance with the delimitation of jurisdiction between municipal formations. The subordination of one municipal formation to another is not allowed.

4. The vesting of local self-government bodies with separate state powers is carried out only by federal laws, laws of the constituent entities of the Russian Federation with the simultaneous transfer of the necessary material and financial resources. The implementation of the delegated powers is controlled by the state. The conditions and procedure for monitoring the exercise by local self-government bodies of certain state powers are determined by federal laws and laws of the constituent entities of the Russian Federation, respectively.

Article 7. Legislative basis of local self-government

1. Local self-government is exercised in accordance with the Constitution of the Russian Federation, this Federal Law, other federal laws, constitutions, charters of the constituent entities of the Russian Federation, laws of the constituent entities of the Russian Federation.

2. Legislative regulation by the constituent entities of the Russian Federation of issues of local self-government is carried out in accordance with the Constitution of the Russian Federation and this Federal Law.

3. Federal laws, laws of the constituent entities of the Russian Federation, establishing the norms of municipal law, cannot contradict the Constitution of the Russian Federation and this Federal Law, limit the rights of local self-government guaranteed by them.

In the event of a conflict between the norms of municipal law contained in laws, the provisions of the Constitution of the Russian Federation, this Federal Law, the provisions of the Constitution of the Russian Federation, this Federal Law shall apply.

4. The provisions of this Federal Law equally apply to republics, territories, regions, cities of federal significance, an autonomous region, autonomous districts.

Article 8

1. A municipality has a charter that specifies:

1) the boundaries and composition of the territory of the municipality;

2) issues of local importance related to the jurisdiction of the municipality;

3) forms, procedures and guarantees for the direct participation of the population in resolving issues of local importance;

4) the structure and procedure for the formation of local self-government bodies;

5) the name and powers of elected, other bodies of local self-government and officials of local self-government;

6) term of office of deputies of representative bodies of local self-government, members of other elected bodies of local self-government, elected officials of local self-government;

7) types, procedure for the adoption and entry into force of regulatory legal acts of local self-government bodies;

8) grounds and types of responsibility of local governments and officials of local government;

9) the procedure for recall, expression of no confidence by the population or early termination of the powers of elected bodies of local self-government and elected officials of local self-government;

10) the status and social guarantees of deputies, members of other elected bodies of local self-government, elected officials of local self-government, the grounds and procedure for terminating their powers;

11) guarantees of the rights of officials of local self-government;

12) the conditions and procedure for organizing the municipal service;

13) the economic and financial basis for the implementation of local self-government, the general procedure for the possession, use and disposal of municipal property;

14) issues of organizing local self-government, due to the compact residence on the territory of the municipality of national groups and communities, indigenous (aboriginal) peoples, Cossacks, taking into account historical and other local traditions;

15) other provisions on the organization of local self-government, on the competence and procedure for the activities of local self-government bodies and officials of local self-government in accordance with the laws of the Russian Federation and the laws of the constituent entities of the Russian Federation.

2. The charter of a municipal formation is developed by the municipal formation independently. The charter of a municipal formation is adopted by the representative body of local self-government or by the population directly.

5. The charter of the municipal formation comes into force after its official publication (promulgation).

Article 9. State support of local self-government

Federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation create the necessary legal, organizational, material and financial conditions for the formation and development of local self-government and assist the population in exercising the right to local self-government.

Federal Law No. 169-FZ of December 8, 2003 amended Article 10 of this Federal Law. The amendments shall enter into force on January 1, 2004.

Federal Law No. 31-FZ of March 21, 2002 amended Article 10 of this Federal Law. The amendments shall enter into force on July 1, 2002.

Article 10. Associations and unions of municipalities

Municipal formations, in order to coordinate their activities, more effectively exercise their rights and interests, have the right to create associations in the form of associations or unions, subject to registration in accordance with the federal law on state registration of legal entities.

Associations and unions of municipalities may not be delegated the powers of local self-government bodies.

Article 11

Municipal formations have the right to have their own symbols (coats of arms, emblems, other symbols), reflecting historical, cultural, socio-economic, national and other local traditions.

Chapter II. Territorial foundations of local self-government

Federal Law No. 107-FZ of August 4, 2000 amended Article 12 of this Federal Law

Federal Law No. 55-FZ of March 17, 1997 amended Article 12 of this Federal Law

Article 12. Territories of local self-government

1. Local self-government is carried out throughout the territory of the Russian Federation in urban, rural settlements and other territories. The territories of municipalities - cities, towns, villages, districts (districts), rural districts (volosts, village councils) and other municipalities - are established in accordance with federal laws and laws of the constituent entities of the Russian Federation, taking into account historical and other local traditions.

In order to protect the constitutional order, ensure the defense of the country and the security of the state, it is allowed to restrict the rights of citizens to exercise local self-government in certain territories by federal law.

The population of an urban, rural settlement, regardless of its size, cannot be deprived of the right to exercise local self-government.

In the intracity territories of the cities of Moscow and St. Petersburg, local self-government is carried out while maintaining the unity of the urban economy in accordance with the charters and laws of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg. The population of urban settlements that are part of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg, cannot be deprived of the right to exercise local self-government.

2. The territory of a municipal formation is made up of lands of urban, rural settlements, adjacent common use lands, recreational zones, lands necessary for the development of settlements, and other lands within the boundaries of the municipal formation, regardless of the form of ownership and purpose.

3. Questions about the formation, amalgamation, transformation or abolition of intra-city municipalities, the establishment or change of their territories are resolved, taking into account the opinion of the population of the corresponding territory, by the representative body of local self-government of the city independently in accordance with the charter of the city.

In the subjects of the Russian Federation - the cities of federal significance Moscow and St. Petersburg, the merger or transformation of intra-city municipalities, the establishment or change of their territories are carried out by the laws of the subjects of the Russian Federation - the cities of federal significance Moscow and St. Petersburg in accordance with their charters and taking into account the opinion of the population of the respective territories.

Article 13

1. Establishment and change of the boundaries of a municipal formation, including in the course of formation, amalgamation, transformation or abolition of municipal formations, shall be carried out taking into account historical and other local traditions on the initiative of the population, local self-government bodies, as well as state authorities of a constituent entity of the Russian Federation.

2. Changing the boundaries of the municipality is not allowed without taking into account the opinion of the population of the respective territories. Legislative (representative) bodies of state power of the constituent entities of the Russian Federation establish by law guarantees that the opinion of the population is taken into account when resolving issues of changing the boundaries of territories in which local self-government is exercised.

3. The procedure for the formation, amalgamation, transformation or abolition of municipal formations, the establishment and change of their boundaries and names is determined by the law of the subject of the Russian Federation.

Chapter III. Local self-government bodies and officials of local self-government

Federal Law No. 55-FZ of March 17, 1997 amended Article 14 of this Federal Law

Article 14

1. Local self-government bodies include:

elected bodies formed in accordance with this Federal Law, the laws of the subjects of the Russian Federation, the charters of municipalities;

other bodies formed in accordance with the charters of municipalities.

2. The presence of elected bodies of local self-government of municipalities is mandatory. In the subjects of the Russian Federation - the cities of federal significance Moscow and St. Petersburg, in accordance with the charters and laws of the subjects of the Russian Federation - the cities of federal significance Moscow and St. Petersburg, elected city bodies of local self-government of the cities of Moscow and St. Petersburg may not be created.

3. Bodies of local self-government are endowed in accordance with the charters of municipal formations with their own competence in resolving issues of local importance.

4. The names of local self-government bodies are established by the charters of municipalities in accordance with the laws of the constituent entities of the Russian Federation, taking into account national, historical and other local traditions.

5. Bodies of local self-government are not included in the system of state authorities. The exercise of local self-government by public authorities and public officials is not allowed.

6. The structure of local self-government bodies is determined by the population independently.

Before the draft Constitution of the Russian Federation was prepared, several months had passed, full of events, the struggle of political forces that stood for different paths of social transformation.

The referendum on the Constitution, its approval by the majority of voters, the elections of the Federal Assembly, which took place in December 1993, largely defused the stormy situation. At the same time, the administrative practice of local government had to be redone for quite a long time. The constitutional norms that fixed the foundations of local self-government, although they were norms of direct action, required legislative specification. The movement along the path proposed by the Constitution turned out to be extremely slow and contradictory, influenced by traditions that had long been established and revived on the eve of the adoption of the Constitution. What was needed was a federal law on local self-government, which would serve as a guarantee against attempts by both a number of federal bodies and state bodies of the constituent entities of the Russian Federation to slow down the formation of the most important democratic institution.

Work on the draft of a new federal law on local self-government began in the Supreme Soviet of the RSFSR, elected in March 1990. By August 1993, the initial document had been prepared.

By that time, in connection with the signing of the Federal Treaty and the corresponding amendments to the Constitution of the Russian Federation, the determination of the general principles of local self-government was assigned to the joint jurisdiction of the Russian Federation and its subjects. Therefore, the federal foundations of local self-government were prepared. The working group for the preparation of this document included Professor K.F. Sheremet, Doctor of Law M.A. Krasnov, candidate of legal sciences from Omsk A.I. Kostyukov and other specialists.

When developing the project, the working group proceeded from the principle of continuity of the current Law of the Russian Federation "On Local Self-Government in the Russian Federation" and the Fundamentals being prepared, the search for such forms of legal regulation in the field of local self-government, which, on the one hand, would not violate the rights and interests of the subjects of the Federation, and on the other hand, they made it possible to provide federal protection for the basic principles of local self-government and guarantees for its development.

The draft characterized the territorial basis of local self-government as a territory within the boundaries of districts, cities, districts in cities, towns, village councils and other administrative-territorial units formed in republics, territories, regions, autonomous regions, autonomous districts. The forms of implementation of local self-government by the population were established through representative bodies - the Soviets and executive bodies - the local administration, as well as directly through local referendums, gatherings, meetings of residents and through bodies of territorial public self-government. The types of legal acts that make up the regulatory framework of local self-government were determined.

The right of local self-government bodies to sufficient and commensurate with state social standards material and financial resources was consolidated. A characteristic of municipal property and an attitude to the definition of objects of municipal property were given when delimiting state property, taking into account their importance for serving the population of a given territory. It was determined that the powers of the local administration to own, use and dispose of municipal property are established by the relevant Councils. The right of local communities to freely dispose of their property was secured.

The right of local self-government bodies to independently develop and approve the local budget was established, guarantees were defined that ensure the independence of the budget (the presence of their own budget revenues and a sufficient level of fixed income, a ban on the withdrawal of free balances of funds, and others). The right of local self-government bodies to form off-budget and foreign exchange funds, participate in credit relations, and receive payments for the use of natural resources was envisaged.

The principle of the formation of Soviets on the basis of universal, equal, direct suffrage by secret ballot was consolidated. The opportunity was provided for a few local communities, by their decision, not to form a representative body. The principle of responsibility of the executive bodies of local self-government (local administration) to representative (Councils) was established.

When determining the organizational foundations of local self-government, some new approaches were proposed. Considering that the district is not a single local community, but an aggregate of such communities, it was possible to form a district council not only through direct elections directly by the population, but also through the election of its composition by rural, township, city cities of district significance by the Councils. Several options were proposed for filling the position of the head of the local administration (election by citizens, election by the relevant Council, appointment by the Council under a contract based on the results of a competition). At the same time, the draft did not provide an exhaustive, but only a recommendatory list of issues that make up the organizational basis of local self-government, which should not limit the subjects of the Federation in the search and use of other organizational forms of work of local self-government bodies and ways of their formation.

When determining the jurisdiction of local governments, approximate lists of issues of local and state importance were given, which are resolved either directly by local governments or with their participation, the forms and conditions for such participation in resolving issues of national importance (delegation of certain state functions, involvement in the implementation federal, regional programs).

In addition, legal prerequisites were established for combining the efforts of these bodies on a contractual basis on issues of mutual interest, as well as for uniting in associations for the purpose of mutual assistance and ensuring inter-territorial interests.

Regulating the legal protection of local self-government, the draft established the obligatory execution of decisions of local self-government bodies adopted within their competence, fixing the principle of responsibility, including property, for damage caused to the local community, provided for judicial protection of the rights of local self-government bodies, the obligation to consider official proposals by state bodies local communities, the establishment by state authorities of the subjects of the Russian Federation of additional social guarantees for heads and other officials of local governments.

The project was supposed to consolidate provisions on the implementation of supervision over the implementation of legislation by local governments and their divisions. By tradition, the right of the higher Councils, executive bodies of state power of the constituent entities of the Russian Federation, in the event that the Council or the local administration makes an act that violates the law, was established to cancel this decision or act, respectively. The provision on the responsibility of the Soviets and the local administration to the local community, as well as on responsibility for violating the Constitution of the Russian Federation, the constitution of the republic that is part of it, legislation, up to the early termination of the powers of the Council or local administration, was fixed.

During further work on the project, it was supposed to discuss the option of forming a local administration on the principles of both unity of command and collegiality. At the same time, the possibility was not rejected that the collegiate body heading the local administration could be elected by the relevant Council both from among the deputies of the Council and from persons who are not deputies. A variant was studied in which one of the guarantees of the independence of the local budget was proposed to write down not "the sufficiency of the level of fixed incomes", but "the level of fixed incomes that provides at least 70% of the entire revenue part of the budget."

It was planned to continue work on the wording of the provisions on municipal property, on the issue of establishing the level of Soviets, to which it is permissible to combine the post of chairman of the Council and the head of the local administration, on the procedure for the early termination of the powers of the Soviets in cases of repeated violation of the Constitution of the Russian Federation, the constitutions of the republics in its composition, laws and other legal acts of the subjects of the Federation, as well as on some other issues.

When preparing the project, the developers proceeded from the fact that its adoption would entail a sufficiently long transitional period necessary for the constituent entities of the Russian Federation to prepare their own laws and other legal acts regulating issues of local self-government at the appropriate levels.

The practice of applying the Law of the Russian Federation "On Local Self-Government in the Russian Federation" confirmed the illusory nature of the grounds for believing that this Law alone can solve all problems and regulate the entire range of relations in the field of local self-government. Based on this, the developers proposed to simultaneously prepare, agreed with the relevant commissions and committees of the Supreme Council of the Russian Federation, a complete list of related regulatory legal acts that need to be adopted, as well as those existing acts that need to be amended and amended accordingly. It was planned that this list would be considered and approved by the Supreme Council, committees and commissions responsible for preparing, introducing changes and amendments to certain acts, as well as the timing of their adoption, would be appointed. At the same time, it was supposed to develop a federal program for the support and development of local self-government.

As can be seen from the content of the prepared draft, it did not confirm the thesis that the Soviets are not amenable to reform. On the contrary, it testified to the possibility, based on the real state of affairs, of a gradual movement forward along the path of improving and establishing local self-government on the basis of local Soviets. However, this simple logic was opposed by the logic of political struggle, which temporarily blocked the way to work on the draft Fundamentals of Legislation on Local Self-Government, which was resumed only after the adoption of the new Constitution of the Russian Federation and on its basis.

Numerous drafts of a federal law on the general principles of organizing local self-government have appeared, including those prepared by the Ministry for Nationalities and Regional Policy with the participation of the Union of Russian Cities and the Russian Union of Local Self-Government; a group of deputies of the State Duma I.V. Muravyov, Z.I. Saetgaliev, L.V. Oleinik and others; another group of deputies consisting of A.A. Dolgopolova, V.A. Pakhomova, N.A. Verveiko, V.L. Talanova and P.A. Medvedev; President of the Russian Federation. The discussion, in the end, came down to two drafts - the presidential one (it was basically prepared by the Ministry of Nationalities) and developed by a group of deputies headed by I.V. Muravyov. (The second "deputy" draft in its content was more adjacent to the presidential one.) The main difference between the project of I.V. Muravyov from the presidential project consisted in the fact that he proceeded to a greater extent from realities, was aimed at a calm change without revolutionary upheavals in the organization of local self-government. The presidential project, on the other hand, suffered from excessive radicalism, outlining transformations in local self-government organizations without sufficient consideration of the objective possibilities for their implementation. At the same time, both drafts could not be recognized as fully compliant with the constitutional provisions.

Project I.V. Muravyov, fixing the existing administrative-territorial structure of the constituent entities of the Russian Federation as the territorial basis for organizing the system of local self-government, contradicted Part 1 of Art. 131 of the Constitution of the Russian Federation, which does not link the territories where local self-government is exercised with administrative-territorial units, but suggests the possibility of exercising local self-government in other territories that are not administrative-territorial units.

At the same time, the project established an "administrative link between municipalities", i.e. actually provided for the subordination of local governments of various degrees. This was (as it was later noted in the opinion on the draft submitted to the State Duma by the President of the Russian Federation) in direct contradiction with the constitutional principles of local self-government, enshrined in Art. 12 and ch. 8 of the Constitution of the Russian Federation.

Were in the project I.V. Muravyov and other shortcomings.

But not less, but more of them were in the presidential project, which was aimed not so much at creating a system of local self-government corresponding to modern conditions, which was declared in its art. 1, how much for the restructuring of the country's territory by "local communities." From a legal point of view, this did not comply with the Constitution of the Russian Federation, which operates with the concepts of "citizens", "population" and does not provide for the creation of any local communities. In addition, the proposed restructuring could destabilize an already fragile situation on the ground.

The membership in local communities established by the project also went beyond the framework of the Constitution of the Russian Federation. According to the Constitution of the Russian Federation, the definition of territories within whose boundaries local self-government is carried out is derived from the population of these territories (Article 131). At the same time, the rights of the population to participate in local self-government are not limited in any way. According to Art. 32 of the Constitution of the Russian Federation, citizens have the right to elect and be elected to local self-government bodies, regardless of their membership in the local community.

The provisions of the project on the territorial limits of local self-government were contradictory and inconsistent. If one adheres to the principles of the territorial structure of local self-government enshrined in the Constitution of the Russian Federation, then any city should be considered a self-governing territory (Article 131). City self-government bodies are not state authorities, since, according to the rule established by Art. 12 of the Constitution of the Russian Federation, local self-government bodies are not included in the system of state authorities. However, according to Art. 65 of the Constitution of the Russian Federation, the cities of Moscow and St. Petersburg, as cities of federal significance, are subjects of the Federation, and their governing bodies are bodies of state power (Article 77 of the Constitution of the Russian Federation). The Draft Law, leaving state authorities at the citywide level in Moscow and St. Petersburg, transferred the functions of self-government to the sub-city level, providing for the creation of "local communities" within these cities.

In a clearly exaggerated form, the "settlement" principle of organizing local self-government is established in the project for rural areas. Particularly unlucky was the rural area, which, according to the project, was abolished.

One of the features of the presidential project was that in the event of financial insolvency of the municipal government, it was envisaged to introduce state administration in the corresponding territory. This idea later found its solution in a later statutory act.

An unsuccessful attempt was made to regulate the transfer of powers of local self-government bodies upwards - to state authorities - "in case of impossibility of resolving" individual issues by self-government bodies. This norm, which is too vague for a law, is ambiguous in its content. The lack of material and financial resources was pointed out as the reason for the transfer of powers, by virtue of which public authorities are obliged to accept the powers transferred to them. However, a rule was also established here, according to which the proposals of the local self-government body were "considered" by state authorities for a response. What should be the answer depends on the state authority. It remained unclear whether the proposals of local self-government bodies are necessarily accepted or whether they can be refused. In general, the transfer problem was solved in such a way that the powers of the local self-government body could be completely absorbed by state authorities, which was contrary to the Constitution.

The project failed to define the system of organs (at least its basic principles, given that specific types of organs are determined by the subjects of the Federation). It was stated here that the local community forms local self-government bodies, endowing them with representative, administrative, executive, control and other powers. Which bodies have these powers - remained unclear. Since the draft called only "representative" functions of self-government bodies "in general", the draft allowed for the possibility of the absence of representative bodies of local self-government, instead of which, performing their functions, the heads of administrations or some other bodies would act, the freedom of choice of which the project provided "local community." If representative bodies were not supposed to exist in a sufficiently large "local community", the existence of local self-government here was out of the question.

The content of the section of the draft, which introduced the idea of ​​establishing a transitional period for the implementation of the reform of local self-government, was largely non-normative, largely of a guarantee or recommendatory nature. In this section, reference norms were presented beyond measure, which in itself reduced the regulatory significance of the project. In a fairly imperative form, the subjects of the Federation were asked to abandon the division of districts. This approach was an intrusion into the sphere of legislative regulation of the subjects of the Federation.

There were still quite a few illogical, internally contradictory, unreasonable norms and provisions in the draft. Nevertheless, the All-Russian Conference on Local Self-Government, held on February 17, 1995, recommended that the State Duma take it as a basis. The State Duma, having considered all the drafts submitted for its consideration, nevertheless adopted in the first reading the one developed by a group of deputies headed by I.V. Muravyov.

Then the State Duma Committee on Local Self-Government took up the finalization of the project. As a result, a law was adopted that retained many of the provisions of I.V. Muravyov, but significantly updated. Adopted on August 28, 1995, the Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" was a progressive document that consolidated a new model of local self-government that takes into account democratic trends in the formation of a rule-of-law state that meets international standards, including the European Charter of Local Self-Government. It was with this Law that the process of systemic legal regulation of local self-government began.

* This work is not a scientific work, is not a final qualifying work and is the result of processing, structuring and formatting the collected information, intended to be used as a source of material for self-preparation of educational work.

Introduction.

The Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" (No. 154-FZ) dated August 12, 1995 and the Federal Law that replaced it "On the General Principles of the Organization of Local Self-Government in the Russian Federation" dated October 6, 2003 may be the embodiment of an important, significant historical event in the history of Russia in the late 20th - early 21st century - the reform of local government. The adoption of the legislation "On General Principles ..." regulated, in addition to management at the levels of the federation and subjects of the federation, the principles of the functioning of local self-government, which, according to many scientists, together constitute a single public authority.

An effective organization of local self-government ensures the participation of the population in solving local issues, including issues of managing municipal property, meeting needs, and public order. The approaches to ensuring these functions in the Law "On General Principles ..." of 1995 and in the Law "On General Principles ..." of 2003 differ, due to the different situation in the legal sphere in the Russian Federation: by 2005, our country had ratified the European Charter of Local Self-Government, which affected, in particular, the system of guarantees.

From the point of view of the development of municipal legislation in Russia, it is of interest to analyze it.

Analysis of the Federal Laws "On the general principles of the organization of local self-government in the Russian Federation" of August 28, 1995 and October 6, 2003

On August 12, 1995, the State Duma adopted the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" (No. 154-FZ). On August 28, it was signed by the President and entered into force.

This Federal Law, in accordance with the Constitution of the Russian Federation, defined "the role of local self-government in the exercise of democracy, the legal, economic and financial foundations of local self-government and state guarantees for its implementation, establishes the general principles for organizing local self-government in the Russian Federation." one

In a certain accordance with the Federal Law in the same 1995, the subjects of the Russian Federation begin to adopt their own laws on local self-government, local referendum and elections.

The very concept of a municipal formation, the concept of issues of local importance, a local referendum, local government bodies, a representative body of local government, an elected official of local government, the concept of municipal property, local tax collections and municipal service (clause 1, article 1) were fixed in the Federal Law ). 2

The Federal Law adopted in 1995 opened a new stage in the development of local self-government and its regulation. 3

The legal establishment of the general principles of the organization of local self-government is assigned by the Constitution of the Russian Federation, the Federal Treaty, individual agreements between the Russian Federation and some subjects within its Federation 4 to the general jurisdiction of federal bodies and local self-government bodies. Therefore, the Federal Law was called "On General Principles ...".

It was the local self-government bodies, on the basis of the general principles defined in the Federal Law, that had to develop their own legislative framework, taking into account their national and cultural-historical local conditions and traditions. They also play an important role in terms of legal regulation (within their competence). First of all, of course, this concerns issues of local importance.

The law proceeded from the need for continuity in the main thing - the comprehensive strengthening and improvement of the organization of local self-government in various forms and at various levels, strengthening the material and financial base, guaranteeing the rights and freedoms of citizens to participate in resolving issues of local life.

These ideas were clearly manifested, in particular, in the process of legal regulation of the financial and economic basis of local self-government, naturally, taking into account certain clarifications and additions based on the accumulated experience of the functioning of self-government bodies. So, if, according to the Law on Local Self-Government of 1991, the economic base of local self-government was natural resources (land, its subsoil, water, forests, flora and fauna), municipal and other property that serves as a source of income for local self-government and meets the needs of the population of the corresponding territory 5, the new Law made very important clarifications, including, for example, natural resources in the structure of municipal property.

The budgetary and property rights granted by the Federal Law of August 12, 1995 to municipalities and their bodies made it possible to draw up, consider, approve and execute local budgets, manage municipal enterprises and receive income from them. 6

The federal law of August 12, 1995 fixed a number of fundamentally important provisions in the financial sphere of local government:

a) the presence of a local budget as an integral part of the very concept of a municipal formation, along with elected self-government bodies and municipal property; in addition, local finance is a necessary component of the economic basis of local self-government;

b) independence of the formation, approval and execution of local budgets, control over their execution by local governments;

c) determination of the main sources of formation of the revenue part of local budgets;

d) independence in the disposal of local budget funds by local self-government bodies;

e) the impossibility of withdrawal by higher authorities of the balances of the excess of revenues over expenditures of local budgets at the end of the reporting year;

f) the establishment of separate regulation in local budgets of financing decisions on issues of local importance and the exercise of individual federal powers, the powers of the subjects of the Federation, if they are transferred to the jurisdiction of the municipality;

g) fixing the obligations of the state to provide municipalities with minimum local budgets to cover the minimum necessary expenses, which are determined by the legislation of the constituent entities of the Federation on the basis of standards for minimum budgetary security:

h) guaranteeing by the state the filling of the revenue part of local budgets by securing this law, the law of the subject of the Federation on a long-term basis of revenue sources;

i) guarantee by the state of ensuring the satisfaction of the vital needs of the population in the areas of jurisdiction of the municipality at a level not lower than the minimum state social standards;

j) compensation by state bodies for losses (in the form of a decrease in income or an increase in expenses of municipal bodies) caused by the implementation of decisions of state bodies;

k) independence of establishment by representative bodies of local self-government of the types and amounts of local taxes and fees, as well as benefits for their payment;

l) maintaining the institution of self-taxation of the population and the independence of spending these funds to resolve issues of local importance;

m) extending to local self-government bodies the right to receive payment on the basis of the law, including in kind, from users of natural resources extracted on the territory of the municipality;

n) granting to representative bodies of local self-government the right to form special purpose non-budgetary funds in accordance with the legislation of the Russian Federation;

o) establishing measures to expand the participation of local governments in credit relations (the right to issue municipal loans and lotteries, receive and issue loans, create municipal banks and other financial and credit institutions). 7

The federal law only in general terms consolidated the powers of local governments in the budget process, transferring the specific regulation of this issue to the jurisdiction of the subjects of the Federation and to a lower level. 8

Despite all the positive aspects of the adoption of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" dated August 12, 1995, it contained certain miscalculations of the federal executive authorities. In particular, the law contained norms in a number of articles that were contrary to the Constitution.

Eight years later, on October 6, 2003, a new Federal Law "On the general principles of organizing local self-government in the Russian Federation" was signed.

The scope of legal regulation of this law is completely identical to the law of August 12, 1995 that was in force before it.

Practically the same as its predecessor, the Law "establishes general legal, theoretical, organizational and economic principles for the organization of local self-government in the Russian Federation, defines state guarantees for its implementation." nine

Strengthening the economic, financial and managerial potential of the lower level of government is supposed to be achieved through the implementation of territorial and functional municipal reform. The territorial reform is associated with the establishment of the optimal boundaries of municipalities in accordance with the tasks and scope of responsibility, while the functional reform is associated with a change in the very scope of tasks and responsibilities of municipalities, depending on their type. 10

The law regulates in detail the relations between the federal government and local self-government. Limitation of the executive, administrative and control powers of federal and regional authorities is a guarantee of the independence of local self-government. However, there is also a list of cases in which the powers of local authorities are transferred to the federal ones.

The Law also regulates and specifies the competence of the local authorities themselves.

The main difference between the Law of 2003 and the Law of 1995 concerns the territorial structure of self-government. The new Law introduces a two-tier system of self-government. The territory of the subject is delimited between settlements. This does not apply only to areas with low population density. The territories of settlements, except for the territories of urban districts and inter-settlement territories arising in territories with low population density, are part of municipal districts. Within the boundaries of an urban settlement there may be one city or town with an adjacent territory, as well as settlements that are not a municipality. A rural locality with a population of less than 1,000 is usually part of an urban or rural settlement.

The law establishes the obligatory presence in the structure of local self-government of a representative body of the municipality, the head of the municipality, the local administration (executive and administrative body).

The term of office of officials of the municipality is limited to five years.

Financing of local self-government bodies is made exclusively from the revenues of the budgets of the municipalities themselves.

The number of deputies of the representative body of the settlement is determined depending on the population and the minimum composition is determined.

Control over the execution of the local budget, the management of municipal property is entrusted to special local government bodies - control and accounts chambers, audit commissions, etc.

The law also establishes new formulas for the implementation of local self-government: public hearings, meetings, conferences and polls of citizens.

The lower level of public authority received a versatile program of its reform. In terms of the scope of the reforms, the reform can be classified as the most difficult. This reform has become part of the general transformation of federal relations, administrative reform, reform of the budget and tax system of the Russian Federation.

Thus, the novelties of the Federal Law on Local Self-Government should be taken comprehensively, taking into account the amendments and additions to the Federal Law on State Authorities of the Subjects of the Russian Federation, the measures taken for functional analysis as part of the administrative reform, as well as the provisions of the projects currently being discussed - the federal law "On the Introduction amendments and additions to the Budget Code of the Russian Federation regarding the regulation of interbudgetary relations”, the federal law “On the introduction of amendments and additions to the Tax Code of the Russian Federation and the invalidation of the Law of the Russian Federation “On the fundamentals of the tax system in the Russian Federation”, introduced by the Government of the Russian Federation into the State Duma on September 4, 2003 and adopted in the first reading on November 18, 2003 11 .

In general, the steps taken by the legislator are aimed at increasing the efficiency and responsibility of each level of government, ensuring a combination within one system of authorities and expenditure obligations for their implementation. These program goals should also be achieved in the course of the reform of the lower level of public authority - local self-government. 12

Particular attention in the Federal Law is paid not only to the creation of municipalities on a new basis, but also to the regulation of the procedure for subsequent possible municipal-territorial transformations, which are formalized by the laws of the subjects of the Federation. The initiators of changing the boundaries, as well as various forms of transformation of municipalities (mergers, divisions, changes in the status of an urban settlement or urban district), can be the following subjects: the population itself, local governments, state authorities of the constituent entities of the Russian Federation, federal state authorities. At the same time, a change in the boundaries of municipal districts and settlements, entailing the assignment of the territories of individual settlements and (or) settlements included in them, respectively, to the territories of other municipal districts or settlements, is carried out with the consent of the population of these settlements or settlements (Article 12). The unification of two or more settlements, the division of a settlement can also be implemented only with the consent of the population of each of the existing or newly formed settlements (parts 3, 5 of article 13). The issue of granting an urban settlement the status of an urban district, as well as depriving it of this status, is decided with the consent of the population of the corresponding urban settlement and with the consent of the population of the municipal district from which the corresponding urban settlement is separated or included (Part 7, Article 13). The consent of the population is crucial: without it, neither change of borders nor transformation can be carried out. The procedure for voting on the issue of changing borders (transformation) is similar to the procedure for holding a local referendum, however, it has some features established by the Federal Law on Local Self-Government (Article 24). Only the division and merger of municipal districts is carried out taking into account the opinion of the population, expressed by the district representative body (or the representative bodies of each of the merging municipal districts) (parts 4, 6, article 13). 13

According to the Law, the decisive role in all transformations of municipalities belongs to the population of these entities. No transformation can be carried out without the consent of the population.

Conclusion.

From the foregoing, we can conclude that the development of Russian legislation in the field of municipal law in the direction of increasing the specifics and streamlining relations between the federal center and local authorities.

Naturally, this is not a process divorced from the general course of the country's transformations, but on the contrary, it is tightly linked to the legislative trends in Russia.

Now an increasing role in the development of municipal law is played by the increasing role of Russia on the world stage, and its participation in international legal acts.

List of used literature.

Federal Law No. 154-FZ of August 28, 1995 (as amended on March 17, 1997) "On the General Principles of Organizing Local Self-Government in the Russian Federation" (adopted by the State Duma of the Federal Assembly of the Russian Federation on August 12, 1995)

Postovoy N.V. Municipal law of Russia: questions and answers. M.: Publishing house "Jurisprudence", 2006

Postovoy N.V. Municipal Law of Russia: Textbook. - 2nd ed. correct and additional - M.: Jurisprudence, 2000

Collection of Legislation of the Russian Federation, 1995, No. 35, Art. 3506.

4. Art. 72 of the Constitution of the Russian Federation; p. "m" Art. 2 of the Treaty on the delimitation of the subjects of jurisdiction and powers between the federal government bodies of the Russian Federation and the authorities of the sovereign republics within the Russian Federation.

Art. 36 of the Law of the RSFSR "On Local Self-Government in the RSFSR" // Rossiyskaya Gazeta, 1991, August 1

Pole G. B. Decree. work., p. 27.

Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of Organizing Local Self-Government in the Russian Federation” // Rossiyskaya Gazeta. 2003. October 8.

Federal Law of July 4, 2003 No. 95-FZ “On Amendments and Additions to the Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” // Collected Legislation of the Russian Federation. 2003. No. 27. Part 2. Art. 2709.

1 Federal Law No. 154-FZ of August 28, 1995 (as amended on March 17, 1997) "On the General Principles of Organizing Local Self-Government in the Russian Federation" (adopted by the State Duma of the Federal Assembly of the Russian Federation on August 12, 1995)

2 Postovoy N.V. Municipal law of Russia: questions and answers. M.: Publishing house "Jurisprudence", 2006

3 Collection of Legislation of the Russian Federation, 1995, No. 35, art. 3506.

4 See: Art. 72 of the Constitution of the Russian Federation; p. "m" Art. 2 of the Treaty on the delimitation of the subjects of jurisdiction and powers between the federal government bodies of the Russian Federation and the authorities of the sovereign republics within the Russian Federation.

5 See art. 36 of the Law of the RSFSR "On Local Self-Government in the RSFSR" // Rossiyskaya Gazeta, 1991, August 1

6 See: Polyak G. B. Decree. work., p. 27.

7 Federal Law No. 154-FZ of August 28, 1995 (as amended on March 17, 1997) "On the General Principles of Organization of Local Self-Government in the Russian Federation" (adopted by the State Duma of the Federal Assembly of the Russian Federation on August 12, 1995)

9 Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of Organizing Local Self-Government in the Russian Federation” // Rossiyskaya Gazeta. 2003. October 8.

Gritsenko E.V. New Federal Law on Local Self-Government in the Light of the Public Power Reform in Russia. M., 2006

11 Federal Law of July 4, 2003 No. 95-FZ “On Amendments and Additions to the Federal Law “On General Principles for the Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” // Collection of Legislation of the Russian Federation. 2003. No. 27. Part 2. Art. 2709.

12 Gritsenko E.V. New Federal Law on Local Self-Government in the Light of the Public Power Reform in Russia. M., 2006

13 Gritsenko E.V. New Federal Law on Local Self-Government in the Light of the Public Power Reform in Russia. M., 2006

Your self-confidence, exactingness and accuracy allow you to gradually enter the road of success. But in personal relationships, it will not hurt you to deviate from the usual rules. Do not judge people too harshly and do not be afraid to show your weaknesses and show emotions: excessive restraint can lead to tension and deterioration of your own health.

Advantages

• Honesty and truthfulness, striving for justice;
• The desire to help the weak and defenseless;
• Ability to work in a team;
• Diligence and accuracy in the performance of responsible work, good performance;
• Objectivity and the ability to see the shortcomings of others.

disadvantages

• Fear of giving up and not meeting their own strict requirements;
• Not looseness, lack of passion and openness;
• Excessive criticality and pickiness, especially in family life;
• The tendency to re-educate others;
• Lack of psychological flexibility in communication.

Personality indicators

Below is a diagram that clearly shows the main features of your character. Please note that over time, character indicators can change, both up and down. All this depends on age, upbringing, social level, material well-being, and many other criteria.

All character traits can be worked out, and over time they can change both for the better and for the worse.

prone to disease

The graph shows a number of diseases to which you are most susceptible. Most ailments begin to manifest closer to adulthood.

Pay attention to the weakest parts of your body. Timely prevention will save you from possible consequences.

Symbol of the year: Boar

• You can solve many of your problems if you let go of the situation. Going with the flow, you will be able to do more than you originally intended;
• Do not throw promises, otherwise the people around you will stop trusting you;
• Variability makes love relationships more intriguing and vibrant. But do not go too far;
• Talkativeness will not lead to anything good if you begin to talk too much about yourself. There are moments about which it is better to remain silent;
• Learn to accept other people's opinions. It may be useful for you.

Periods of vitality

The image shows a graph of life activity, with which you can find out your most important life periods, at the time of which key events occur that affect your future destiny.

Pay attention to the most active periods of your life, perhaps the most key events should occur during this period.

Numerological destiny number: 6

• Jealousy and suspicion interfere with building and maintaining relationships. Don't let these feelings control your situation;
• Do not act in a fit of passion, otherwise you will spoil everything even more;
• Don't solve other people's problems for them. Mind your own business;
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• Money is an important part of life, but not the main one. Remember this.

Ruler Planet: Mercury

• You are well oriented in difficult situations, but life constantly slips puzzles at you;
• You are endowed with versatile abilities, including foreign languages;
• You can feel the energy of money, but do not rush to chase big profits, otherwise luck will turn into big disappointments and worries;
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• Avoid extravagance and greed: extremes do not bring anyone to good.

Suitable fields of activity

This chart contains information about the most suitable areas of activity, based on your astrological characteristics. This aspect is greatly influenced by your patron planet, which guides you along the path of life.

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note

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Natal chart - A personal horoscope based on the date and time of birth, which will tell you as accurately as possible about all the features of your personality: which features are most developed in your chart, and which ones are lagging behind and need to be worked out. A natal chart is not just a horoscope with general characteristics, but a valuable tool with which you can better know yourself, find your life purpose, and much more.

Federal Law No. 154-FZ of August 28, 1995
"On the general principles of the organization of local self-government in the Russian Federation"
(as amended April 22, November 26, 1996, March 17, 1997,
August 4, 2000, March 21, 2002)

Adopted by the State Duma on August 12, 1995

Chapter II. Territorial foundations of local self-government (Articles 12-13)
Chapter III. Local self-government bodies and officials of local self-government (Articles 14-21)
Chapter IV. Forms of direct expression of the will of citizens and other forms of local self-government (Articles 22-27)
Chapter V. Financial and economic basis of local self-government (Articles 28-42)
Chapter VI. Guarantees of local self-government (Articles 43 - 46)
Chapter VII. Responsibility of local self-government bodies and officials of local self-government. Control over their activities (Articles 47-52)
Chapter VIII. Final and transitional provisions (arts. 53-62)

This Federal Law, in accordance with the Constitution of the Russian Federation, determines the role of local self-government in the exercise of democracy, the legal, economic and financial foundations of local self-government and state guarantees for its implementation, establishes the general principles for organizing local self-government in the Russian Federation.

Chapter I. General Provisions

Article 1 Basic concepts and terms
1. With regard to this Federal Law, concepts and terms are used in the following meanings:
municipal formation - an urban, rural settlement, several settlements united by a common territory, part of a settlement, other populated territory provided for by this Federal Law, within which local self-government is exercised, there are municipal property, a local budget and elected bodies of local self-government;
issues of local importance - issues of direct support for the life of the population of the municipality, classified as such by the charter of the municipality in accordance with the Constitution of the Russian Federation, this Federal Law, the laws of the constituent entities of the Russian Federation;
local referendum - voting of citizens on issues of local importance;
local self-government bodies - elected and other bodies empowered to resolve issues of local importance and not included in the system of state authorities;
representative body of local self-government - an elected body of local self-government, which has the right to represent the interests of the population and make decisions on its behalf that operate on the territory of the municipality;
official of local self-government - an elected person or a person working under a contract (employment contract), performing organizational and administrative functions in local self-government bodies and not belonging to the category of civil servants;
elected official of local self-government - an official elected by the population directly or by a representative body of local self-government from among its members, endowed in accordance with the charter of the municipality with the authority to resolve issues of local importance;
municipal property - the property of the municipality;
local taxes and fees - taxes and fees established by local governments independently;
municipal service - professional activity on a permanent basis in local governments in the exercise of their powers.
2. The terms "municipal" and "local" and phrases with these terms are used in relation to local governments, enterprises, institutions and organizations, objects of property and other objects, the purpose of which is associated with the implementation of the functions of local government, as well as in other cases, concerning the exercise of local self-government by the population.

Article 2 Local government
1. Local self-government in the Russian Federation is an independent activity of the population recognized and guaranteed by the Constitution of the Russian Federation and under its own responsibility to resolve directly or through local self-government bodies issues of local importance, based on the interests of the population, its historical and other local traditions.
2. Local self-government as an expression of the power of the people is one of the foundations of the constitutional order of the Russian Federation.

Article 3 The right of citizens of the Russian Federation to exercise local self-government
1. Citizens of the Russian Federation shall exercise their right to local self-government in urban, rural settlements and other municipal formations in accordance with federal guarantees of the electoral rights of citizens through a referendum, elections, other forms of direct expression of will, as well as through elected and other bodies of local self-government.
2. Citizens of the Russian Federation have equal rights to exercise local self-government, both directly and through their representatives, regardless of gender, race, nationality, language, origin, property and official status, attitude to religion, beliefs, membership in public associations.
3. Citizens of the Russian Federation have the right to elect and be elected to local self-government bodies.
4. Citizens of the Russian Federation have equal access to municipal service.
5. Citizens of the Russian Federation have the right to apply to bodies of local self-government and officials of local self-government.
6. Bodies of local self-government and officials of local self-government are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect the rights and freedoms of man and citizen, as well as the opportunity for citizens to receive other complete and reliable information about the activities of local self-government bodies, unless otherwise provided by law.

Article 4 Powers of state authorities of the Russian Federation in the field of local self-government
The powers of state authorities of the Russian Federation in the field of local self-government include:
1) adoption and amendment of federal laws on the general principles of the organization of local self-government, control over their observance;
2) ensuring compliance of the legislation of the constituent entities of the Russian Federation on local self-government with the Constitution of the Russian Federation and federal legislation;
3) ensuring guarantees for the implementation of the obligations of the state in the field of local self-government provided for by the Constitution of the Russian Federation and the laws of the Russian Federation;
4) regulation by laws of the procedure for transferring objects of federal property to municipal property;
5) empowering local self-government bodies by federal law with certain powers of the Russian Federation, transferring to them the material and financial resources necessary for the exercise of these powers, control over their implementation;
6) establishment of state minimum social standards;
7) regulation of relations between the federal budget and local budgets;
8) adoption of federal programs for the development of local self-government;
9) compensation to local self-government for additional expenses incurred as a result of decisions taken by federal government bodies;
10) regulation and protection of the rights of citizens to exercise local self-government;
11) provision of federal guarantees for the financial independence of local self-government;
12) the establishment of federal guarantees of the electoral rights of citizens in the elections of bodies of local self-government and officials of local self-government;
13) establishment of the procedure for judicial protection and judicial protection of the rights of local self-government;
14) regulation and establishment of responsibility of local self-government bodies and officials of local self-government for violation of laws;
15) implementation of prosecutorial supervision over the observance of the law in the activities of local governments and local government officials;
16) regulation of the peculiarities of the organization of local self-government in border areas, closed administrative-territorial entities;
17) regulation of the foundations of the municipal service;
18) regulation by federal laws of the specifics of the organization of local self-government in cities of federal significance.

Article 5 Powers of public authorities of the constituent entities of the Russian Federation in the field of local self-government
The powers of state authorities of the constituent entities of the Russian Federation in the field of local self-government include:
1) adoption and amendment of the laws of the subjects of the Russian Federation on local self-government, control over their observance;
2) ensuring the compliance of the laws of the subjects of the Russian Federation on local self-government with the Constitution of the Russian Federation and the laws of the Russian Federation;
3) regulation of the procedure for the transfer and transfer of objects of property of the constituent entities of the Russian Federation into municipal property;
4) regulation of relations between the budgets of the subjects of the Russian Federation and local budgets;
5) ensuring the balance of the minimum local budgets based on the norms of the minimum budgetary security;
6) empowering local governments by law with separate powers of the constituent entities of the Russian Federation, transfer of material and financial resources necessary for the implementation of the delegated powers, control over their implementation;
7) adoption of regional programs for the development of local self-government;
8) protection of the rights of citizens to exercise local self-government;
9) ensuring guarantees of financial independence of local self-government;
10) ensuring state minimum social standards;
11) establishing and changing the procedure for the formation, amalgamation, transformation or abolition of municipalities, establishing and changing their boundaries and names;
12) compensation to local self-government for additional expenses incurred as a result of decisions taken by state authorities of the constituent entities of the Russian Federation;
13) regulation by laws in accordance with this Federal Law of the peculiarities of the organization of local self-government, taking into account historical and other local traditions;
14) legislation on municipal service;
15) adoption and amendment of the laws of the constituent entities of the Russian Federation on administrative offenses on issues related to the implementation of local self-government;
16) establishment of the procedure for registration of charters of municipalities.

Article 6 Subjects of local government
1. Municipal formations are in charge of issues of local importance, as well as certain state powers that may be vested in local self-government bodies.
2. Issues of local importance include:
1) adoption and amendment of charters of municipalities, control over their observance;
2) possession, use and disposal of municipal property;
3) local finance, formation, approval and execution of the local budget, establishment of local taxes and fees, resolution of other financial issues of local importance;
4) integrated socio-economic development of the municipality;
5) maintenance and use of municipal housing stock and non-residential premises;
6) organization, maintenance and development of municipal institutions of preschool, basic general and vocational education;
7) organization, maintenance and development of municipal health care institutions, ensuring the sanitary well-being of the population;
8) protection of public order, organization and maintenance of municipal bodies for the protection of public order, control over their activities;
9) regulation of planning and development of territories of municipalities;
10) creation of conditions for housing and socio-cultural construction;
11) control over the use of land on the territory of the municipality;
12) regulation of the use of water bodies of local importance, deposits of common minerals, as well as subsoil for the construction of underground structures of local importance;
13) organization, maintenance and development of municipal energy, gas, heat and water supply and sewerage;
14) organizing the supply of the population and municipal institutions with fuel;
15) municipal road construction and maintenance of local roads;
16) improvement and gardening of the territory of the municipality;
17) organization of disposal and processing of household waste;
18) organization of ritual services and maintenance of burial sites;
19) organization and maintenance of municipal archives;
20) organization of transport services for the population and municipal institutions, provision of the population with communication services;
21) creation of conditions for providing the population with services of trade, public catering and consumer services;
22) creation of conditions for the activities of cultural institutions in the municipality;
23) preservation of historical and cultural monuments that are in municipal ownership;
24) organization and maintenance of the municipal information service;
25) creation of conditions for the activities of the mass media of the municipality;
26) creation of conditions for organizing entertainment events;
27) creation of conditions for the development of physical culture and sports in the municipality;
28) providing social support and promoting employment of the population;
29) participation in environmental protection on the territory of the municipality;
30) ensuring fire safety in the municipality, organization of the municipal fire service.
Municipal formations have the right to accept for their consideration other issues classified as issues of local importance by the laws of the constituent entities of the Russian Federation, as well as issues not excluded from their jurisdiction and not attributed to the jurisdiction of other municipal formations and state authorities.
3. If within the boundaries of the territory of a municipal formation (with the exception of the city) there are other municipal formations, subjects of jurisdiction of municipal formations, objects of municipal property, sources of income of local budgets are delimited by the law of the subject of the Russian Federation, and in relation to intra-city municipal formations - by the charter of the city.
In the subjects of the Russian Federation - the cities of federal significance Moscow and St. Petersburg, in order to preserve the unity of the urban economy, the subjects of jurisdiction of the municipalities located on their territories, including those established by federal law, objects of municipal property, sources of income of local budgets are determined by the laws of the subjects of the Russian Federation - cities federal significance of Moscow and St. Petersburg.
Municipal formations should be provided with economic and financial independence in accordance with the delimitation of jurisdiction between municipal formations. The subordination of one municipal formation to another is not allowed.
4. The vesting of local self-government bodies with separate state powers is carried out only by federal laws, laws of the constituent entities of the Russian Federation with the simultaneous transfer of the necessary material and financial resources. The implementation of the delegated powers is controlled by the state. The conditions and procedure for monitoring the exercise by local self-government bodies of certain state powers are determined by federal laws and laws of the constituent entities of the Russian Federation, respectively.

Article 7 Legislative basis of local self-government
1. Local self-government is exercised in accordance with the Constitution of the Russian Federation, this Federal Law, other federal laws, constitutions, charters of the constituent entities of the Russian Federation, laws of the constituent entities of the Russian Federation.
2. Legislative regulation by the constituent entities of the Russian Federation of issues of local self-government is carried out in accordance with the Constitution of the Russian Federation and this Federal Law.
3. Federal laws, laws of the constituent entities of the Russian Federation, establishing the norms of municipal law, cannot contradict the Constitution of the Russian Federation and this Federal Law, limit the rights of local self-government guaranteed by them.
In the event of a conflict between the norms of municipal law contained in laws, the provisions of the Constitution of the Russian Federation, this Federal Law, the provisions of the Constitution of the Russian Federation, this Federal Law shall apply.
4. The provisions of this Federal Law equally apply to republics, territories, regions, cities of federal significance, an autonomous region, autonomous districts.

Article 8 Charter of the municipality
1. A municipality has a charter that specifies:
1) the boundaries and composition of the territory of the municipality;
2) issues of local importance related to the jurisdiction of the municipality;
3) forms, procedures and guarantees for the direct participation of the population in resolving issues of local importance;
4) the structure and procedure for the formation of local self-government bodies;
5) the name and powers of elected, other bodies of local self-government and officials of local self-government;
6) term of office of deputies of representative bodies of local self-government, members of other elected bodies of local self-government, elected officials of local self-government;
7) types, procedure for the adoption and entry into force of regulatory legal acts of local self-government bodies;
8) grounds and types of responsibility of local governments and officials of local government;
9) the procedure for recall, expression of no confidence by the population or early termination of the powers of elected bodies of local self-government and elected officials of local self-government;
10) the status and social guarantees of deputies, members of other elected bodies of local self-government, elected officials of local self-government, the grounds and procedure for terminating their powers;
11) guarantees of the rights of officials of local self-government;
12) the conditions and procedure for organizing the municipal service;
13) the economic and financial basis for the implementation of local self-government, the general procedure for the possession, use and disposal of municipal property;
14) issues of organizing local self-government, due to the compact residence on the territory of the municipality of national groups and communities, indigenous (aboriginal) peoples, Cossacks, taking into account historical and other local traditions;
15) other provisions on the organization of local self-government, on the competence and procedure for the activities of local self-government bodies and officials of local self-government in accordance with the laws of the Russian Federation and the laws of the constituent entities of the Russian Federation.
2. The charter of a municipal formation is developed by the municipal formation independently. The charter of a municipal formation is adopted by the representative body of local self-government or by the population directly.
3. The charter of a municipal formation is subject to state registration in accordance with the procedure established by the law of a constituent entity of the Russian Federation.
4. The only reason for denial of state registration of the charter of a municipal formation may be a contradiction of its Constitution of the Russian Federation, the laws of the Russian Federation and the laws of a constituent entity of the Russian Federation. Denial of state registration may be appealed by citizens and local governments in court.
5. The charter of the municipal formation comes into force after its official publication (promulgation).

Article 9 State support for local self-government
Federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation create the necessary legal, organizational, material and financial conditions for the formation and development of local self-government and assist the population in exercising the right to local self-government.

Article 10 Associations and unions of municipalities
Municipal formations, in order to coordinate their activities, more effectively exercise their rights and interests, have the right to create associations in the form of associations or unions, subject to registration in accordance with the Federal Law "On State Registration of Legal Entities.
Associations and unions of municipalities may not be delegated the powers of local self-government bodies.

Article 11 Symbols of municipalities
Municipal formations have the right to have their own symbols (coats of arms, emblems, other symbols), reflecting historical, cultural, socio-economic, national and other local traditions.