Territorial basis of local self-government: the concept and principles

The organization and implementation of power in the country are inseparably linked with its territorial structure. This is due to the fact that the work of municipal and state structures is carried out within the boundaries of certain administrative units, into which the state is divided. Let's consider the concept of territorial bases of local self-government.

general characteristics

The territorial foundations of the organization of local self-government are a special institution. It consists of a set of rules that regulate and consolidate the composition and formation of administrative units, the boundaries of the MoD, the rules for their establishment and change. In accordance with the Constitution, local self-government is carried out in rural, urban settlements, in other territories, taking into account historical, cultural and other traditions. This provision is detailed in Federal Law No. 131. In the normative act, the concept of the territorial foundations of local self-government also implies the implementation of similar activities in urban districts, in urban areas of Fed cities. Values, municipal areas. It also says that the establishment and modification of the boundaries of administrative units is carried out according to the norms of regional legislation.

Municipalities

They are administrative units within which power is exercised. There is municipal property in the Ministry of Defense , the management structures created by the population operate. In accordance with Federal Law No. 131, the territorial basis of local self-government is:

1. Rural and urban settlements.
2. Municipal districts.
3. City districts.

Territorial foundations of local self-government provide for the allocation of districts in the cities of fed. Values. Within these units, the exercise of power is carried out directly by citizens or through elective and other structures.

Settlements

Legal and territorial bases of local self-government presuppose giving municipalities the powers to solve problems related to ensuring the life and activities of citizens residing in the Ministry of Defense. A rural settlement is called one or several settlements. They can be villages, villages, villages, villages, villages, villages, auls and so on. In rural and urban settlements, power is exercised directly by citizens or through elective and other institutions of power.

Municipal districts

They unite the territory of several settlements. In municipalities, the powers of the authorities are exercised over issues of intermunicipal character. The settlements in them, as noted above, have their own terms of reference. The power in municipal districts is also carried out directly by the population or through the structures formed by it.

City district

As a rule, they are formed on the basis of localities of regional, regional or republican significance. The territorial basis of local self-government in urban districts allows to resolve issues concerning both municipalities and settlements included in them. In addition, separate state powers may be exercised within these administrative units.

Territorial basis of local self-government: the concept and principles

In 2005, the boundaries of the MO, rural and urban settlements, municipal districts and districts were established. The territorial basis of local self-government determines the key provisions concerning the delimitation of administrative units from each other. They are defined by Art. 11 of the Federal Law №131. Among the key provisions, it should be noted:

1. The territory of the subject of the Russian Federation should be demarcated between settlements. Areas with a small population, except for historically established units, adjoining common areas, traditional nature use, recreational and other areas, may not be included in the borders.
2. The territory of settlements, including those that arise on the terrain with a low population density, inter-settlement areas are included in municipal areas. An exception to this rule are the city districts.

The principles of territorial bases of local self-government also provide that settlements are formed by historically established lands, adjacent to them allotments of general and traditional nature management, recreational areas (regardless of the purpose and type of ownership).

Population

The territorial basis of local self-government is interconnected with the number of citizens living within specific lands. A city settlement may include one village or a city. In accordance with the general plan, it also includes the territories used for the development of transport, social and other infrastructure. The rural settlement includes one village / village with a population of more than 1,000 people. (For areas with high density - more than 3 thousand people). They can also be a union of several points, each of which has less than 1 thousand people. In regional legislation, a different rule can be established. For example, the status of a rural settlement can be obtained by a point with a population of less than 1,000 people. At the same time, the population density of the whole subject and the availability of the territory are taken into account. Areas with a population of less than 100 people, including those with a small population density and located in hard-to-reach places, may not be endowed with such status.

Borders

The territorial basis of local self-government establishes that an administrative center of a municipal district can be a settlement / city endowed with the status of a district. The boundaries of the settlement, which includes 2 or more points, are established in accordance with pedestrian accessibility. It takes into account the distance to the administrative center and back for residents of all the points included in its composition. This rule may not apply to areas with low density and located in remote and remote areas. The territory of the settlement should include the settlement in its entirety. He can not enter another district. The territory of the urban districts is not included in the municipal district. The boundaries of the regions are determined in accordance with the need to create conditions for resolving the problems of interpersonal nature by the authorized structures of power.

Nuance

The territorial basis of local self-government establishes a number of rules, according to which the settlement acquires the status of a city district. This is done according to the regional legislation, taking into account the existing transport, social and other infrastructure that is necessary for the independent decision of the municipal structures of the issues assigned to their jurisdiction and the implementation of individual authorities.

Specificity of population density

The territorial basis of local self-government in the Russian Federation determines the criteria by which the number of citizens is considered small. To areas with low density, in particular, include sites where the population is more than three times less than the average in all villages of the country. Accordingly, high density implies the number of citizens exceeding the average by 3 times. The list of subjects, certain regions that have some characteristics of the number of citizens residing within their borders, is approved by the government. Adjustment of these lists is allowed no more than 1 time in 5 years.

Editing Borders

The territorial and organizational foundations of local self-government, established in the Constitution, determine that the transfer of the boundary lines between settlements is carried out taking into account the opinion of citizens living within their boundaries. According to Art. 12 of Federal Law No. 131, the change of borders is carried out on the initiative of the population, federal, regional municipal authorities by issuing the relevant law of the entity. In the first case, a referendum is held. The initiative of state / municipal bodies is formalized by their decisions. The law of the subject should not come into effect during the electoral campaign for the formation of municipal structures of power and during the referendum. The change in the boundaries of the districts, as a result of which certain sections of the MOR will be classified as part of another formation, is carried out with the consent of the citizens living in them. It is expressed by vote or by assemblies, taking into account the opinion of the legislative (representative) power structures of the respective municipalities.

An Important Moment

Federal Law No. 131 establishes a guarantee that the authorities will not initiate the process of changing the boundaries of settlements if it entails a reduction in their numbers. Key regulations on this issue are present in Art. 12. In part 5 of the said norm it is established that a decrease in the number of citizens of settlements by less than half from the minimum number after determining the boundaries does not act as a sufficient basis for the initiation by local authorities and federal / regional structures of the procedure for their modification.

Conversion of MO

It is a union of entities, their separation, changing the status of the settlement in connection with the recognition of it by the urban district or an exception to this category. The rules, according to which the transformation is carried out, are established in art. 13 of the Federal Law №131. According to the norm, these procedures are carried out on the initiative of local, federal, regional structures or the population. In the latter case, the decision is taken at a referendum. The decisions of the authorities are formalized in resolutions. The unification of settlements, which does not involve changing the boundaries of other municipalities, is carried out with the consent of the citizens of each locality. It is expressed by voting or on gatherings. If two or more districts are united, where the boundaries of other formations are not subject to change, the opinion of the population is taken into account. It is expressed by the representative structures of each territory. The division of a settlement resulting in the formation of two or more settlements is carried out with the consent of the population of each of them. It is expressed in meetings or through voting. The division of the municipal district takes into account the opinion of the population. It is expressed by a representative body.

Change Status

It is carried out in accordance with regional legislation. The settlement can be recognized by the urban district or denied this status. Change of this characteristic is carried out with the consent of its citizens, as well as the population of the district from which it is allocated. People's opinion is expressed through voting. It is conducted separately in the territory of the district and settlement. In the absence of consent, the procedure for conversion and changing the status is not allowed.

Conclusion

The key document determining the territorial and organizational basis of local government is Federal Law No. 131. This normative act details the provisions of the Constitution, in which the independence of municipalities is fixed in matters attributed to their exclusive jurisdiction. As follows from the legislation, the administrative-territorial division acts as an integral element of the state system.