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Реферат About problems of interaction of bodies of constitutional justice and local self-management in the subjects of the Russian Federation





o apply to the constitutional (charter) court of the subject of the Russian Federation? Legislation of Republic Tyva gives the right to apply to the Constitutional Court of republic solely to the representative bodies of local self management. It could be explained from positions of the Federal Law from August 28, +1995 No. 154-FZ About general principles of organizations of local self management [12], according to which the structure of bodies of local self management required presence of electoral bodies only that is representative bodies of local self management. However, in accordance with Part 2 Article 34 FZ No. 131 presences in structure of bodies of local self management of the representative body of the municipal unit, head of the municipal unit, local administration should be obligatory, except for the cases provided by the federal law.legislation about the constitutional courts of republics: Adygea , Dagestan, Marie El, of the city of Moscow, Stavropol territory contains the norms, giving the right to application to representative bodies of municipal units, heads of municipal units. The specified position does not take into account that in accordance with the Federal Law No. 131 head of the municipal unit can lead either local administration, being the electoral official, or the representative body of the municipal unit. In this case local administration should be led by its head assigned to the post on the contract. About 4 thousand local administrations are headed by assigned on the contract heads of administration [13] .is difficult to find the motivation of reasons, on which head of local administration, carrying out individual management to executive-efficient body of the municipal unit, in which there are concentrated main levers of management of local bodies, the whole local economy, are realized separate state authorities is not allocated with the right to apply to the bodies of constitutional (charter) justice.of the system of local self management requires from regional lawmaker the exact determination of bodies and officials of the municipal formation, allocated with the right to apply to the bodies of constitutional (charter) justice.of the main directions in activity of the bodies of constitutional (charter) justice is interpretation of the constitutions ( charters) of the subjects of the Russian Federation. The number of subjects of the right to apply to the regional body of constitutional justice with request about interpretation of the fundamental law of the subject of the Russian Federation coincides with the subjects, authorized to initiate the verification of constitutionality of laws and other statutory acts. the same time there are some differences. In republics Bashkortostan and Karelia, Khanty-Mansi autonomous district the right to apply to specific bodies of constitutional control with request about interpretation of the constitution (charter) is given to the representative bodies of local self management.of the fundamental law of the subject of the Russian Federation is the exclusive authority of the body of constitutional justice. Decisions on the case about interpretation have higher validity than decisions of bodies of constitutional justice on cases about the verification of constitutionality of laws and other legal acts of the subjects of the Russian Federation. On the account of particularities of this procedure of constitutional proceedings the subjects of the Russian Federation can apply higher requirements to the level of bodies of local self management, authorized to apply with request about interpretation of the fundamental law of the subject. And in this case it is necessary to fix legislatively this right for the concrete body of local self management.constitution (charter) of the subject of the Russian Federation shall be the major politician act of the subject of the Federation, reflecting interests of all political forces of the society. Local self management shall be one of the fundamentals of the constitutional system, recognized and guaranteed on the entire territory of the country.in republics Dagestan, Marie El, Tatarstan bodies of local self management are not given the right to apply to the constitutional court of the region with request about interpretation of the Constitution of the republic that is underestimation of the constitutional conditioning of local self management as institute of public authorities.above stated authorities of the charter courts of the subjects of the Russian Federation should be obligatory. There also exist initiative authorities, which include: sanction of disputes on competence, verification on complaints on violation of constitutional rights and freedoms of the citizens, other authorities of the constitutional (charter) courts. Initiative authorities of charter courts fully reflect their role and specifics in development of local self management of the subjects.insufficiency of the legal...


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