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Реферат Problems of controllability of region within the framework of strengthening of the imperious vertical of Russia





orm - and one of the major reasons of failure of the former municipal project consist laid in absence of such coordination. Besides there appeared the understanding about including of the level of the local authority to the system of control of the subject, with the special administrative relations based on the regulations of the Constitution of the Russian Federation. The law of 1 995 has, and unsuccessfully tried to balance, formally all municipalities - from city to a small village, - but the law of 2 003 is focused on forming a more logical provided sufficient financial base of system, in particular, opportunity of the so-called two-level system. The common principle is the following: the status of the municipal unit determines its powers, determines the local questions, which the corresponding organs are called to decide and can effectively solve. The system of municipalities in the country should become more harmonious: organs of local self-management are formed at the level of cities ( city districts - cities of regional significance), districts ( municipal districts ), and at the level of units including districts ( city and rural settlements ). Thus, the concept of the new law, with big delay, in the basis has absorbed the concept of the local self-management developed in Kabardin-Balkar Republic. At the same time, there still exist some regulations which require the prompt settlement.about the prospects of such significant level of public authority as the level of local self-management it is necessary to note, that after introduction of the new system of allocation with the powers of the higher official of the subject of the Russian Federation (and actually cancellation of elections of heads of the subjects of the Russian Federation,) probability that heads of the municipal units (in particular) mayors of cities - capitals will continue to be elected directly is practically equal to zero. Therefore the new system of formation of the organs of executive power will inevitability be formed on the entire territory of imperous vertical raquo ;, from top to bottom. Apparently, there can be kept only the institute of direct elections presidential of the president of Russia.these conditions though the organs of local self- management are not included into the system of the government, they realize the state functions and are an element of the state system. It is necessary to determine precisely, that local self-management can not be an independent municipal system, but is a component of the state control system. In this connection, realization of local self-management is not only the subjective right of the population. It is the complex phenomenon simultaneously being the level of public authority, and the mechanism of realization of the state policy, and authority close to the population.understanding of the role and significance of municipal authority is called:

To take into account difficulties of the developing practice of organization of local self-management, of the problem of interaction of the organs of the government with the organs of local local self-management, historical and other local traditions of various regions of the Russian Federation;

To define precisely that local self-management can not be an independent municipal system, but a component of the state control system;

to stipulate the state interests at realization of the idea of ??local self-management.from this, we believe, that the example of such understanding of the problems of formation of the municipal authority can serve the model of local self-management developed in Kabardin-Balkar Republic.corner stone of the problem (as well as in a case with the regional level of authority) is the order of assignment (elections) of the head of local self-management.problem has been considered by the Constitutional Court of the Russian Federation in a number of decisions ( Resolutions from February 1st, 1996 No. 3-П, from January 24th, 1 997 No. 1-П, from January 15th, 1 998 No.3-П, from November 30ер, 2000 No. 15-П; Definition from May 15th, 2001 No.98-O; from June 11th одна тисяча дев'ятсот дев'яносто дев'ять No.105-O; from October 8th, +1999 No.138-O; from November 2nd, +2000 No.236-O). All the decisions are about the exclusive right of the citizens residing on the territory of the municipal unit, to determine directly or through the representative organ of local self-management, including election of the head of the municipal unit. It implies the duty of the organs of the government to provide this unconditional right to determine independently, without any intervention of the organs of the government and state officials the way of formation and the formation of the organs of self-management, including election of the head of municipal unit., the maneuver here is very much limited....


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