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Реферат Modern constitutionalism and municipal power: conceptual fundamentals and factors of development





.give reasons for it grounding on the fact that in the democratic state people realise the power directly and through the organs of the government and institutions of local management. It gives the ground to make the following conclusions: organs of local self management are not included into the uniform state mechanism; the state organs and organs of local self management are equal under the law and equally are representatives of people in borders of the powers given to it. Taking it into account, it is possible to assert: rights and freedoms of a person, and their guarantees determine the contents and orientation of activity of organs of local self management as the activity of the state.is possible to note, that local self-management as autonomy of small territorial units within the framework of common for the whole state organized society of laws, does mean freedom on behalf of the state, but freedom inside it. Besides it means, that local self-management as one of the fundamentals of the constitutional system has the source of its existence, and it is not state but constitutional will of the people, and represents itself as the fundamental constitutional principle which establishes, recognizes and guarantees administrative independence of local communities, and creates conditions for law creative, lawful and law realising activity directed on its realization.the specific form of the public power local self-management is characterized, first, by presence of the special subject - local community -the territorial generality consisting of physical persons - the people who permanently live, work on the territory of village, settlement or city, directly or through the municipal structures and decide local questions, have common municipal property, own on the given territory real estate, pay municipal taxes and are connected by the territorial - personal communications of the system character., local self-management takes the special place in the political system of the society (in the mechanism of management by the society and the state), which testifies to the fact that the country besides the interests of a person and the state admits and guarantees local (municipal) interests which are connected with the decision of questions of direct maintenance of ability to life of the population. Thus, the municipal interests are not considered by the state as subordinates, and as equal in rights., Local self-management has a number of features concerning volume, range and legal nature of objects of the influence, which significant part is not characteristic for other lawful relations. Such objects are the public power; rights, freedoms and duties of a person and a citizen; local questions; functions (directions and kinds of activity) subjects of local self-management; objects of the municipal property; local budgets, incomes of local budgets, local taxes and tax collections, local loans, etc. But the major objects of local activity of territorial collectives are local questions, that is the questions which follow from collective interests of local population - members of corresponding territorial collective related by the Constitution, laws and charter of local community to the subjects of local self-management, and other questions which are not the competence of the organs of government. The legal essence of local self-management is shown and realized in activity concerning establishment, change and termination of legal relations between the subjects of the system of local self-management, that is at interaction of the subjects of local self-management for realization of their functions and powers on decision of local questions. In interaction of the subjects of local self-management during the decision of local questions is shown and realized the essence, integral, determining, immanent properties of the municipal power.is the real physical condition of self-preservation and self-development of the municipal power is performance of that function for the sake of which the system of local self-management is created - the decision of local questions. Thus, the basic object of the municipal power as the system is the decision of questions which are of interest for the population - members of territorial collective, which acts as the subsystem - system in the macrosystem (local community - local self-management - municipal power - public power) [8] .from the specified subject - objective characteristics, the municipal power represents completely not state (in narrow sense of this word), but the public phenomenon which is produced by the social society though in the state organized society local self-management is twisted into political, administrative, socio and economic relations and processes taking place in the state. According to its essential attributes - genetic, substantial, dynamic the municipal power qualitatively differs from the government.boldly the phenomenology of interrelations b...


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