What is included in the system of municipal law. Municipal law of Russia

Municipal law, as a branch of law, has its own system, in which complexes of homogeneous norms are distinguished that regulate certain groups of social relations included in its subject.

In this way, municipal law system includes the following structural parts:

1) local self-government in the system of democracy;

2) the foundations of local self-government: territorial, organizational, financial and economic;

3) subjects of jurisdiction and powers of local self-government;

4) guarantees of local self-government;

5) responsibility of local self-government bodies and officials of local self-government. municipal law system is based on a logical, consistent division of the norms of municipal law and their association into homogeneous legal complexes, institutions, taking into account the content and nature of the relations they regulate in the field of local self-government.

Consequently, the system of municipal law refers to the unification of municipal legal norms into municipal legal institutions arranged in a certain sequence depending on their significance and role in regulating municipal relations.

First element are municipal legal norms that fix the position of local self-government in the system of democracy, defining its role in the development of democratic principles in the management of society and the state. This group of norms includes norms containing definitions of the basic concepts and terms used by the legislation on local self-government, such as local self-government, municipality, issues of local importance, local referendum, local self-government bodies, local self-government official.

Second element systems constitute norms that fix the foundations of local self-government: territorial, organizational, financial and economic. They determine the procedure for the creation, amalgamation, transformation or abolition of municipalities, the establishment and change of their boundaries and names, and also fix the principles of the organization of local self-government, the foundations of relations between elected and other local self-government bodies, the conditions and procedure for the passage of municipal service, the status of a municipal employee. Third element The system of municipal law is a group of norms that fix the subjects of jurisdiction and powers of local self-government. These norms establish their own powers of local self-government, as well as certain state powers that may be vested in local self-government bodies.

Fourth element systems - a group of norms that establish guarantees for local self-government. They establish a system of guarantees that ensure the organizational and financial independence of local self-government, as well as judicial and other legal forms of protection of local self-government.

Consequently, fifth Element constitute the norms establishing the responsibility of local self-government bodies and officials of local self-government. These norms determine the forms, procedure and conditions of responsibility of bodies and officials of local self-government to the population of the municipality, to the state, as well as to individuals and legal entities.

The system of municipal law is based on a logical consistent division of the norms of municipal law and their association into homogeneous legal complexes of institutions, taking into account the content and nature of the relations they regulate in the field of local self-government. At the same time, the system of municipal law reflects the interconnection and interdependence of the legal regulation of issues of local self-government as an integral social phenomenon. Therefore, the system of municipal law has an objective basis: its construction is due not only ...


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municipal law system

Municipal law as a branch of law has its own system, in which complexes of homogeneous norms of municipal law are distinguished that regulate certain groups of social relations included in its subject. The system of municipal law is based on a logical, consistent division of the norms of municipal law and their unification into homogeneous legal complexes (institutions), taking into account the content and nature of relations regulated by them in the field of local self-government. At the same time, the system of municipal law reflects the interconnection and interdependence of the legal regulation of issues of local self-government as an integral social phenomenon. Therefore, the system of municipal law has an objective basis: its construction is conditioned not only by the structure of the Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation", but also by the needs of local self-government development practice, which influences the formation of municipal law institutions, helps to determine their role in implementation of local self-government.

Consequently, the system of municipal law is understood as the unification of municipal legal norms into municipal legal institutions arranged in a certain sequence depending on their significance and role in regulating municipal relations.

First elementsystems of municipal law are municipal legal norms that fix the position of local self-government in the system of democracy, defining its role in the development of democratic principles in the management of society and the state. This group of norms of municipal law includes norms containing definitions of the basic concepts and terms used by the legislation on local self-government. Municipal legal norms reveal the meaning of such concepts as local self-government, municipality, local issues, local referendum, local governments, local government officials, etc. 1 This group of municipal legal norms also includes norms that fix the basic principles and functions of local self-government. Local self-government as a form of organization of power at the local level is characterized by close interaction and interpenetration of forms of direct and representative democracy. The norms of municipal law related to this group fix the forms of direct expression of the will of the population of municipalities, the institutions of representative democracy in the system of local self-government, and other elements of this system.

The second group of norms of municipal law – the next element of the system - combines the rules that fix the foundations of local self-government: legal, territorial, organizational, economic. These norms determine the procedure for the formation, consolidation, transformation or abolition of municipalities, the establishment and change of their boundaries and names. They also fix the principles of organization of local self-government, the foundations of relations between elected and other local self-government bodies, the conditions and procedure for the passage of municipal service, the status of a municipal employee. The most important condition for the independence of local self-government is the economic foundations of the activities of the population of municipalities. The norms of municipal law fix the procedure for the formation of municipal property, its composition, and also establish the foundations for the financial independence of local self-government.

Third elementThe system of municipal law is a group of norms that fix the subjects of jurisdiction and powers of local self-government. These norms establish their own powers of local self-government, as well as certain state powers that may be vested in local self-government bodies. The norms of municipal law related to this group regulate the principles for determining the competence of local governments, the relations that arise in the process of exercising the powers of local government in various areas of local life.

fourth elementsystems - a group of municipal legal norms that establishes guarantees for local self-government. The norms of this group establish a system of guarantees that ensure the organizational and financial independence of local self-government, as well as judicial and other legal forms of protection of local self-government.

The essence of local self-government in accordance with part 2 of article 1 of the Federal Law "On the general principles of organizing local self-government in the Russian Federation" is - in an independent and under its ownresponsibilitydecision by the population directly and (or) through local governments of issues of local importance based on the interests of the population, taking into account historical and other local traditions.

Therefore, the fifth group municipal legal norms are norms that establish the responsibility of local governments and local government officials. These norms determine the forms, procedure and conditions of responsibility of bodies and officials of local self-government to the population of the municipality, to the state, as well as to individuals and legal entities.

Thus, the system of municipal law includes the following structural parts:1) Local self-government in the system of democracy. 2) Fundamentals of local self-government. 3) Subjects of jurisdiction and powers of local self-government. 4) Guarantees of local self-government. 5) Responsibility of local self-government bodies and officials of local self-government. control over their activities.

1 See Art. 2 of the Federal Law "On the general principles of the organization of local self-government in the Russian Federation".

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14. System of municipal law

The system of municipal law is based on a logical, consistent division of the norms of municipal law and their unification into homogeneous legal complexes, institutions, taking into account the content and nature of the relations they regulate in the field of local self-government. It includes the following structural parts:

Local self-government in the system of democracy;

Fundamentals of local self-government (territorial, organizational, financial and economic);

Subjects of jurisdiction and powers of local self-government;

Guarantees of local self-government;

Responsibility of local self-government bodies and officials of local self-government.

The system of municipal law refers to the unification of municipal legal norms into municipal legal institutions arranged in a certain sequence.

First element includes municipal legal norms that fix the position of local self-government in the system of democracy, determining its role in the development of democratic principles in the management of society and the state.

Second element systems constitute norms that fix the foundations of local self-government: territorial, organizational, financial and economic. They determine the procedure for the creation, consolidation, transformation or abolition of municipalities, the conditions and procedure for the passage of municipal service, the status of a municipal employee, etc.

Third element The system of municipal law is a group of norms that fix the subjects of jurisdiction and powers of local self-government.

Fourth element systems - a group of norms that establish guarantees for local self-government.

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Chapter 8

A necessary condition for the existence of municipal law as an independent branch of law, as an integral ordered formation, is the strict internal organization of the regulatory array that forms it.

Being uniform in content, municipal law at the same time consists of relatively autonomous, but interconnected components. The grouping of elements of the system of municipal law is possible for various reasons, corresponding to the nature of the objectively existing links between these elements. The most important theoretical and practical significance is the horizontal structure of municipal law. In accordance with it, there are municipal legal norms and municipal legal institutions that can form other legal associations - parts of municipal law.

The municipal legal norm is the primary element of the system of municipal law. These are the legal norms regulating public relations in the field of local self-government. The norms of municipal law are characterized by all the signs of legal norms: general obligatoriness, establishment by the state, ensuring their implementation with the help of a system of state guarantees, protection from violations by coercive means. Municipal legal norms also have specific features peculiar only to them.

A significant part of the norms of municipal law are generally binding rules of conduct contained in the regulations of local governments, which are not included in the system of state authorities. Federal legislation establishes the right of bodies and officials of local self-government to adopt legal acts on matters within their jurisdiction. The peculiarity of municipal legal norms is also determined by the fact that municipal law is a complex industry. The norms of the complex branch of law are, as it were, distributed “at two addresses”: some of them act simultaneously as the norms of the main branches of law.

The main feature of municipal legal norms is related to the ratio of state-power and non-state principles in their content. The norms of municipal law contained in the regulatory legal acts of the state authorities of the Russian Federation and the subjects of the Russian Federation are state-power decrees that come from the state and are provided with the possibility of using state coercion.

At the same time, many municipal legal norms are contained in the regulatory legal acts of local governments. The peculiarity of these rules of conduct lies in the fact that, at least genetically (in their origin), they cannot be attributed to the norms emanating from the state represented by its law-making bodies, i.e. are non-state regulations. The rules of conduct contained in the normative acts of local self-government, while not being state, nevertheless have a public-power character, since they come from the municipal government. Despite the significant specifics of municipal legal norms, in particular those contained in the normative acts of local self-government bodies, all of them are to some extent provided with state guarantees, including judicial protection, prosecutorial supervision, etc.

All municipal legal norms are norms of direct action. The so-called "non-state" norms of municipal law, contained in the regulatory legal acts of local governments, have all the qualities of norms of direct action on the territory of the corresponding municipality. To do this, they do not need any form of state recognition or authorization, not specifically provided for by law (with the exception of the charter of the municipality, which is subject to mandatory state registration).

Thus, the main features of municipal legal norms are that they:

  1. regulate public relations in the field of local self-government;
  2. are the result of law-making activities of state authorities and local governments;
  3. are complex;
  4. are direct rules.

The classification of municipal legal norms can be based on the following criteria.

E.V. Gritsenko studied local self-government in federal states on the example of Germany and Russia. The choice of Germany as an object of research and comparative analysis is explained by the fact that Germany has deep democratic traditions and many ideas have already been implemented in it, which are program constitutional guidelines for Russia (rule of law, welfare state, civil society). In addition, Germany and Russia are united by a common state structure, belonging to the same legal family - continental, as well as historical connection. The development of local self-government in Germany and Russia has common features, which does not negate the features of theoretical and practical consolidation, as well as the implementation of the institution of local self-government in German communal and Russian municipal law.

In modern conditions of integration of the world community, research in the field of comparative municipal law is of great importance and great value.

Currently, in the municipal legal science there is a tendency to single out the sphere of legal cooperation, which includes the interpenetration of legal theories, teachings and views on local self-government, the exchange of legal information. As a result, the role of comparative law is growing. For theorists and practitioners of municipal law, it is important to find an acceptable measure of the influence of foreign law and skillfully compare homogeneous legal institutions and legislative sources.

Increased requirements are imposed on the proposed construction of a system of municipal law. The integrity of the branch of municipal law gives the system stability and at the same time contributes to its further development and improvement.

Along with the subject of legal regulation, principles, legal regime and other grounds for the allocation of municipal law as an independent branch of the Russian legal system, the difference between municipal law also occurs in the institutions enshrined in its general part. It is these institutions (territorial organization of local self-government, bodies and officials of local self-government, territorial public self-government, etc.) that reflect the specifics of local self-government as a special form of public authority. The areas of management on the territory of the municipality, which determine the content of the special part of municipal law, practically do not differ from the areas and areas of management and economy that have developed within the framework of administrative law, which regulates the powers of state and municipal authorities in these areas and areas. The difference between municipal law and administrative law takes place mainly in the institutions of the general part. This statement once again emphasizes the fundamental, system-forming nature of the norms of the general part of municipal law and the need for its allocation in the system of municipal law.

The territorial scope of municipal legal norms is the basis for the allocation of the general part of municipal law by S.D. Knyazev and E.N. Khrustalev. The general part of the Russian municipal law, in their opinion, combines the norms that are in force on the territory of the entire Russian Federation and determine the initial principles of the organization of local self-government in all municipalities.

According to V.V. Pylin, the general part consists of the following main institutions of municipal law: the concept of municipal law; bases and principles of local self-government; bodies and officials of local self-government; public self-government in the system of local self-government; guarantees of local self-government; local government responsibility.

E.S. Shugrina refers to the general part of municipal law the following institutions: legal, territorial, organizational, financial and economic foundations of local self-government, responsibility of local self-government, guarantees of local self-government.

Analyzing different points of view on the structure of municipal law, it should be noted that the territorial criteria for separating its general part, proposed in the framework of the designated positions, cannot be fully taken as the basis for this division. The allocation of the general part of municipal law should be based on other principles. The norms of the general part regulate the most general issues of the organization of local self-government in general, issues of organization and activities of municipal bodies. They are universal and have a systemic character. These norms are contained in federal legislation, and in the legislation of the constituent entities of the Russian Federation, and in municipal legal acts.

A kind of introduction to municipal law is the main institution of the general characteristics of local self-government, including sub-institutions: the concept of local self-government; principles of local self-government; local government systems; formation of local self-government in pre-revolutionary Russia; the Soviet system of organizing local power; local government in the USSR; local self-government in Russia after the collapse of the USSR; local self-government in Russia during the phased constitutional reform; The Constitution of the Russian Federation of 1993 and the development of modern local self-government.

The primary place in the general part of municipal law belongs to the main institution that establishes the general characteristics of municipal law as a branch of law, containing the following sub-institutions: concepts, purposes and functions of municipal law; the subject of municipal legal regulation; method of municipal law; municipal legal relations; municipal legal regimes; municipal legal structures; municipal law systems; sources of municipal law.

The next main institution of the general part of municipal law is the institution of the territorial organization of local self-government, covering sub-institutions: general characteristics of the territorial organization of local self-government and its principles; concepts and types of municipalities; the procedure for the formation, transformation and abolition of municipalities; establishing and changing the boundaries of municipalities; peculiarities of the implementation of local self-government in territories with special legal regimes (border territories, closed administrative-territorial formations, etc.), other territories (cities of federal significance, science cities, regions of the Far North)1; correlation of municipal-territorial and state-territorial structure.

The central place in the general part of municipal law is occupied by the main institution of the organization of local self-government. It includes the following sub-institutions: models of local self-government; heads of the municipality; representative bodies of local self-government; the legal status of deputies of representative bodies of local self-government; executive bodies of local self-government; the legal status of elected officials of local self-government; municipal service.

In turn, these sub-institutions include elementary institutions. The sub-institution of local government models covers elementary institutions that express specific models of local government, namely "strong council - strong mayor", "strong council - weak mayor", "weak council - strong mayor", "commission form", "council - manager" . The sub-institution of the head of a municipal formation includes the following elementary institutions: the position of the head of a municipal formation, the legal status of the head of a municipal formation, and the powers of the head of a municipal formation. The sub-institution of representative bodies of local self-government includes elementary institutions: the principles of organization and activities of representative bodies of local self-government, the structure of a representative body of local self-government, organizational and legal forms of activity of representative bodies of local self-government, legal acts of representative bodies of local self-government. The sub-institution of the legal status of deputies of representative bodies of local self-government covers elementary institutions: the functions of a deputy, his rights and obligations, guarantees of deputy activity. The sub-institution of executive bodies of local self-government includes the following elementary institutions: the concepts of local administrations and their types, the apparatus of local administration, specialized governing bodies of local administrations and their types. The sub-institution of the legal status of elected officials includes elementary institutions: the rights and obligations of elected officials, guarantees and responsibilities of elected officials. The sub-institution of the municipal service includes the following elementary institutions: the concept of the municipal service and the classification of its positions, admission to the municipal service, the passage of the municipal service, its termination, the rights and obligations of municipal employees.

The main institution of municipal legal acts covers sub-institutions: the charter of the municipality; its state registration; acts of representative bodies of local self-government; acts of the head of the municipality and executive bodies of local self-government; systematization of regulatory legal acts of municipalities.

The main institution of direct participation of the population in the implementation of local self-government combines sub-institutions of general characteristics of the forms of direct participation of the population in the implementation of local self-government, municipal elections, local referendum, people's law-making initiative, territorial public self-government of the population, meetings, rallies, street processions, demonstrations and pickets, appeals of the population to local self-government bodies, other forms of direct democracy in the system of local self-government.

The main institution of inter-municipal cooperation brings together sub-institutions that regulate the associative relations of municipalities and the legal status of the Congress of Municipalities of the Russian Federation as the body leading inter-municipal cooperation in Russia.

The structure of the general part is completed by the main institution of guarantees and protection of the rights of local self-government, which includes sub-institutions: guarantees of the organizational independence of local self-government; guarantees of financial and economic independence of local self-government; legal guarantees; judicial protection of local self-government.

Composition and structure of the special part of municipal law

A special part of municipal law is a set of legal institutions, the norms of which consolidate the powers of the subjects of municipal legal relations in various areas and spheres of local life. If the norms of the general part are of a general, fundamental nature, the norms of the special part are of a competence nature, i.e. on the basis of general provisions, they regulate public relations in the exercise of the powers of local governments and other entities. The structure of the special part of municipal law is determined by the differentiation of normative prescriptions for such large divisions as regions and spheres of local economy and government. This approach is typical not only for municipal law. These system-forming factors are of decisive importance for the distribution of the normative array of the special part of administrative law. The special part is not independent of the general part of municipal law. They are interrelated functionally and only together form a single branch of municipal law.

In municipal legal science, other views have developed on the formation of a special part of municipal law. For example, S.D. Knyazev and E.N. Khrustalev believe that a special part of municipal law is the norms in force on the territory of individual subjects of the Russian Federation2.

The competence of bodies and officials of local self-government can serve as a justification for the allocation of a special part of municipal law. From this position, they consider a special part of municipal law E.S. Shugrin and V.V. Pylin. In the science of municipal law, other points of view are also possible, but such a basis for differentiation, as powers, takes into account the specifics of local self-government to a greater extent, and is confirmed in the theory of administrative law. Based on this, the following structure of the special part of municipal law can be proposed, built on the basis of securing the powers of subjects of municipal relations in various areas and areas of management on the territory of the municipality.

The leading institution is the main institution of general characteristics of the competence of local governments, which includes several sub-institutions: the World Charter of Municipal Rights; correlation of the competence of the representative body of local self-government and the competence of the local administration; relations between local self-government bodies and state authorities; empowering local self-government bodies with separate state powers; the relationship of local governments with enterprises, institutions and organizations located on the territory of the municipality; municipal order.

The main institution of powers of local governments in the budgetary and financial and credit sphere includes sub-institutions: general characteristics of local finance; formation and execution of local budgets; local off-budget and foreign exchange funds; participation of local governments in financial and credit relations; local taxes and fees.

The main institution of the powers of local self-government bodies for the management of municipal property covers the following sub-institutions: the legal foundations for the management of municipal property; competencies of local self-government bodies in the field of municipal property management; forms of management of municipal property related to transactions; forms of management of municipal property associated with the creation, reorganization and liquidation of legal entities; forms of management of municipal property in the field of privatization; accounting of objects of municipal property and control over their use.

The main institution of powers of local self-government bodies in the field of land relations combines the following sub-institutions: the legal foundations of land management in the territory of municipalities; competence of local governments in the field of land relations; the procedure for the provision, use, withdrawal of land plots on the territory of municipalities; control over the use of land and compliance with land legislation.

The main institution of the powers of local self-government bodies in managing the municipal economy covers the following sub-institutions: the legal foundations for managing the municipal economy; powers of local self-government bodies in the field of housing and communal services; the powers of local self-government bodies in the urban planning sphere and in the field of landscaping; powers of local governments in the field of transport services to the population; powers of local governments in other areas.

The main institution of powers of local governments in the socio-cultural sphere includes sub-institutions: the powers of local governments in the field of education; in the field of culture; in the field of physical culture and sports; in the health sector; in the field of social protection of the population.

The special part is completed by the main institution of the powers of local governments in the field of law and order, which unites the following sub-institutions: implementation by local governments of assistance to law enforcement agencies; participation of the population in the protection of public order; ensuring universal military duty; participation of local governments in civil defense and liquidation of natural and man-made emergencies.

The place of municipal law in the system of Russian law

Municipal law is a systematically developing branch of Russian law that has a claim to a new role. However, the question of its place in the system of Russian law remains debatable. A fairly common point of view is that it is a sub-branch of constitutional law. So, V.A. Baranchikov believes that municipal law cannot be treated as a branch of law and called it a complex (secondary) legal branch, that complex branches of law do not exist in nature.

A similar position is taken by M.V. Baglai, who believes that municipal law is a sub-branch of constitutional law, since the foundations of local self-government are regulated by the Constitution of the Russian Federation3.

These considerations cannot be recognized as justified for the following reasons. Chapter one of the Constitution of the Russian Federation contains the norms of constitutional law, which establish the foundations for the protection of the rights and freedoms of citizens (relations between the state and the individual), the structure of the state and state power (power relations). This does not mean that the legal regulation will be exhausted by the relations included in the subject of constitutional law. A feature of social relations that make up the subject of constitutional law is that they can develop in all spheres of the state and society. However, they do not cover the entire complex of social relations in the relevant area, but only those that are basic for all other relations and predetermine the content of all other relations in this area. Public relations regulated by constitutional law and municipal law differ. Constitutional law regulates relations that determine the principles on which the structure of the state and society is based. Municipal law regulates the relations that arise in the exercise of the right of the population to local self-government, it specifies the provisions of constitutional law in the field of local self-government.

Municipal law is a sub-branch of administrative law, Yu.N. Starilov. Along with police, construction, social, service, educational law, he refers municipal law to a special part of administrative law.

V.S. Chetverikov, calling municipal law a complex branch due to the lack of its own specific rules of law and the use of legal norms of constitutional, civil, administrative law, actually speaks of municipal law as a sub-branch of administrative law.

The position of D.N. Bahrakh, who singles out state, municipal and private administrations, whose activities, in his opinion, should be regulated by administrative, municipal and civil law, respectively. This author does not attribute municipal law to the subject area of ​​administrative law.

Municipal law is also considered as a branch of legislation. In particular, R.Z. Livshits believes that the ratio of branches of law and legislation should be decided in favor of legislation. The idea of ​​branches of legislation is more fluid and dynamic and therefore more applicable.

In this regard, one should once again refer to the position of V.A. Baranchikov, who considers municipal law as a branch of legislation that includes norms that legally ensure the functioning of all institutions of local self-government for the livelihood of the local population and the decision on the ground of certain state powers that are vested in local self-government bodies.

The system of legislation is based on other formal legal foundations than the system of law. First of all, it represents a set of sources of law, which are an external form of expression of legal norms. If the system of law reflects the internal structure of law, then the system of legislation is an external, visible form of the system of law. The system of law is objective in nature, since it reflects the state of social relations. The system of legislation is built on a different principle: in its formation, a significant place is occupied by the subjective factor, due to the need for legal practice.

Thus, the branch of law corresponds to the branch of legislation, as the form corresponds to the content. Legislation, like law, is objectively conditioned, formed and developed along with social relations. The branch of municipal law corresponds to the branch of legislation, which combines normative acts regulating legal relations in the field of local self-government. The system of municipal legislation reflects the degree of influence of legal regulation on self-government relations and, along with the subject and regime of legal regulation, is a factor that determines the sectoral nature of municipal law.

A special look at the essence of municipal law was presented by Yu.A. Tikhomirov. He believes that municipal law should be considered as one of the elements of “self-government law”, which, along with local self-government, regulates national, professional, political self-government, self-government by interests (within public associations and organizations).

So, having considered the positions of researchers on the role of municipal law in the system of Russian law, we can draw the following conclusions.

Independence of municipal law as a branch of Russian law. Most researchers recognize this. Municipal law is closely related to a number of branches of Russian law, but this does not mean that they cannot be distinguished. At the same time, since municipal law is characterized by the combination of heterogeneous institutions of the main and special branches, municipal legal relations also have features characteristic of the legal relations of these branches of law.

Public-private nature of municipal law. Municipal law is characterized by the presence of both private and public law entities. The former include citizens, bodies of territorial public self-government, municipal enterprises, public associations, etc. In municipal law, a significant place is occupied by legal relations, the obligatory subject of which are local governments, municipalities, state authorities of the Russian Federation and constituent entities of the Russian Federation, the population as a subject of democracy , deputies of representative bodies of local self-government, etc. Consequently, municipal law is a public-private law, in the subject of which public relations prevail.

Such consideration of municipal law is supported by the fact that in legal science there has already been a certain position regarding the public-private nature of constitutional law, which is traditionally referred to as public law. Municipal law contains much more norms of a private, dispositive nature, and the subject of municipal law includes relations built on the principles of coordination, equality of their subjects. The system of municipal law is the unity and consistency of legal norms of a private and public nature, and it can be considered as public-private. Studying it in this capacity is the subject of special research efforts.

3. Increasing the role of municipal law. There are important prerequisites for enhancing the role of municipal law.

Firstly, the history of the emergence and development of law confirms that the fundamental principles of the law of Ancient Greece, Ancient Rome, Ancient Russia appeared from municipal sources. Such branches of modern law as civil and administrative owe their appearance mainly to city codes, loan letters, charters of cities and other sources of city law, which, regulating the optimal living conditions of the urban population, expanded the subject and subject composition of civil and administrative law. relations . In this regard, municipal city law appears to be a primary branch and, in this sense, more noble.

Secondly, municipal law is a micromodel of the national law of Russia, uniting all branches, institutions, norms that work in municipalities and ensure the vital activity of the latter.

Thirdly, the process of law formation shows that the era of complex formations has begun both in the field of law and in the field of legislation. The complex nature of many branches of law, including municipal law, is an objective process. In addition, developing, municipal law demonstrates a new complexity, the essence of which is to ensure the priority of municipal legal regulation over other legal regulators with the help of norms that have an exclusively municipal legal registration (for example, fixing the organizational foundations of local self-government).

Fourthly, in connection with the general trends in the socio-economic development of Russia, it is necessary to systematize municipal law in the form of consolidation and codification of regulatory material both at the federal level and at the level of constituent entities of the Russian Federation, as well as at the level of municipalities. Such legislative work has been started and is being carried out quite consistently.

test questions

  1. What elements represent the structure of the branch of municipal law?
  2. What is common and special in the system of municipal law and the system of legislation on local self-government?
  3. What place does municipal law occupy in the system of branches of Russian law?

Complete tasks

The system of municipal law is characterized by:

  1. municipal law;
  2. municipal legal institutions;
  3. division of municipal law into general, special and special parts;
  4. the presence of a municipal legal regime;
  5. municipal legal structures;
  6. public-private features of municipal law;
  7. continuity of municipal law;
  8. other elements.

Analyze the listed elements of the system of municipal law.

In state-legal science, there are assertions that municipal law is:

  1. part of constitutional law;
  2. element of administrative law;
  3. branch of law.

Confirm or refute these statements.

Justify the legitimacy of the allocation of municipal law as an independent branch of Russian law.

Municipal law as a branch of law has its own system, that is, a set of legal institutions that combine norms that regulate homogeneous legal relations.

V. I. Fadeev defines municipal law system as "unification of municipal legal norms into municipal legal institutions, arranged in a certain sequence depending on their significance and role in the regulation of municipal relations."

The traditional view of the system of the branch of law involves the allocation of General and Special parts. Most scientists and specialists in the field of municipal law follow this path. In relation to municipal law in 1999, the possibility of distinguishing the General, Special and Special Parts was expressed and justified.

The specificity of legal institutions, their significance gives grounds for referring them to the General or Special part. The following are proposed as the main criteria: “The general part combines a set of prescriptions that apply to the entire municipality. It consists of norms that fix the territorial foundations of local self-government, which determine the relationship of municipalities with other subjects of law, as well as norms-principles, norms-definitions ... A special part of municipal law includes normative instructions on the competence of local governments, officials of the municipal level, on the procedures for their activities, on the status and procedure for the activities of other subjects of local self-government”. This approach as a whole corresponds to the traditions of state scientists.

It seems appropriate to propose a different approach, taking the traditions of administrative law as a basis. In this case, the Special Part can include the norms governing the powers of local governments to manage the municipal economy, in the socio-cultural sphere and in the field of law and order.

Then the system of municipal law will be presented as follows: General part (legal, territorial, organizational, financial and economic foundations of local self-government, responsibility of local self-government, guarantees of local self-government) and Special part (norms governing the powers of bodies local self-government in the management of the municipal economy, in the socio-cultural sphere and in the field of law and order). It can be stated that both of these approaches have been expressed in federal laws. The first approach corresponds to the structure of the Federal Law of 1995 “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, the second approach corresponds to the structure of the RSFSR Law of 1991 “On Local Self-Government in the RSFSR”.

Local self-government is carried out throughout the territory of the Russian Federation, taking into account national, regional, historical, cultural and other features. Regional features have the greatest influence on the formation of local self-government. Obviously, with the same concept of local self-government within Russia, different regions have their own specifics. Therefore, the author believes, it is expedient to single out a Special Part, which includes norms regulating the features of local self-government in certain territories. In this case, certain territories can be understood as:

1) territories with a special legal status (science cities, closed administrative-territorial formations, territories of residence of indigenous peoples, border areas and some others);

2) the territories of individual subjects of the Russian Federation (republics, territories, regions, cities of federal significance, autonomies);

3) the territories of other states, if foreign experience of local self-government is considered within the framework of municipal law.

The federal law "On the general principles of the organization of local self-government in the Russian Federation" contains certain prerequisites for such an approach. In particular, it highlights a separate chapter "Peculiarities of the organization of local self-government", which discusses the features of the organization of local self-government in the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg (Article 79); in closed administrative-territorial formations (Article 80); in science cities (Article 81); in border areas (Article 82).

Thus, municipal law as a branch of law consists of General, Special and Special Parts.

TO General part include norms that can be combined into the following municipal legal institutions:

Legal basis local government. The legal foundations are disclosed, as a rule, depending on the subjects that establish the norms of municipal law. Allocate acts of the federal, regional and local levels. Moreover, when characterizing the acts of the municipal level, the statutes of the municipalities are necessarily named as the main charters.

Territorial bases local government. When characterizing the territorial foundations of local self-government, one should separately consider the issues of the administrative structure of the constituent entities of the Russian Federation and the formation, reorganization and liquidation of municipalities, since the procedures are very different. In the latter case, the obligatory consideration of the opinion of the population is required.

Organizational Foundations local self-government represent a set of norms governing the exercise of the right of citizens to local self-government through forms of direct democracy, local self-government bodies and other elected bodies.

Financial and economic fundamentals local government. When characterizing the financial and economic foundations of local self-government, all authors name such legal institutions as the institution of municipal property, the local budget, the municipal treasury; a special place is occupied by local taxes and fees, off-budget funds.

Responsibility local governments and officials. When characterizing the responsibility of local self-government bodies and their officials, one should distinguish between the responsibility of local self-government bodies to the population, individuals and legal entities, and the state. The responsibility of officials is manifested in the possibility of bringing them to various types of legal responsibility. The issue of responsibility to the population seems to be the most poorly developed. This type of responsibility is implemented through the mechanism of early termination of powers in case of loss of confidence on the part of the population. The institution of recall of elected officials of local self-government should also be considered here.

Guarantees local government. Guarantees of local self-government are a set of methods, means or ways of exercising the right to local self-government. V. I. Fadeev proposes to allocate, in addition to legal guarantees, such guarantees as social, economic, political, etc. A special place is occupied by the realization of the right to judicial protection, including in the Constitutional Court of the Russian Federation.

TO special part include legal institutions that combine the rules governing the powers of local governments and their officials. At the local level, issues of local importance and issues of state importance, transferred or delegated to local governments, can be resolved. This circumstance allows a number of authors to single out two legal institutions - "the powers of local governments to resolve issues of local government" and "state powers transferred or delegated to local governments."

Within the framework of the Special Part, it is necessary to single out such municipal legal institutions as the powers of local self-government bodies to manage the municipal economy; powers to manage the socio-cultural sphere; powers to ensure law and order.

TO special part include legal institutions that combine norms that regulate the features of the organization of local self-government in certain regions, in certain territories.