However, we believe, the expedient conceptual decision about stipulation in charters of municipal units of regulations about allocation with the right of representation of the nominee of the head of the municipal unit alongside with other subjects to the higher official of the subject of the Russian Federation.if to develop a firm vertical of authority it is necessary to carry it out up to the bottom. If the officials of the local self-management are elected, and the heads of the subjects of the Federation are appointed, it will not be the vertical of authority. Therefore the fair offers according to which the higher official of the subject of the Federation, offered by the President of the Russian Federation and approved by the regional legislative organ, should be appointed or represented the head of administration of the local self-management (the head of the capital of the subject, or the heads of the large cities having industrial significance for the subject). The fact is that in Russia there exist many examples when the heads of the region and capital clash, and therefore such state of affairs should be eradicated.consider the important problem regulations requiring adequate normative settlement are:
Development of the institute of time realization of the powers of the organs of local self-management by the organs of the government.full and all-round estimation of expediency of introduction of external management and its conformity to the norms of the Constitution of the Russian Federation and international law allows to make the conclusion that the mechanism of the state intervention in the decision of local questions can be used only at presence of the force major connected with protection of the fundamentals of the constitutional b system and maintenance of safety of the state. However, speaking about the opportunity of withdrawal of separate powers of the organs of local self-management, it is necessary to admit the necessity of development of more democratic mechanism of the given procedure, and to consider the opportunity of transfer of the powers in the judicial order.to increase of efficiency of the municipal management, we believe it actual the problem of redistribution of the subjects of conducting and powers between the organs of the government of the subjects of the Russian Federation and the organs of local management. Thus, in our opinion, the problem has dynamic (changing) character, and can not be solved at once for all the regions of the Russian Federations.our opinion at the decision of these questions it is necessary to ground on the following principles: on the one hand, to determine the common principles of the basic powers which should be recognized for all the subjects of the Russian Federation (regions), and simultaneously to provide the account of the special situation of various types of the subjects of the Russian Federation (regions ), having given the opportunity in view of the opinion of the peoples of the corresponding subjects of the Russian Federation (regions) to use special powers justified on special occasions. Thus, the subjects of the Russian Federation (regions) should have the right to originality, and, hence, the right to differ from one another. (the same regulations are stipulated in the project of the European Charter about regional self-management) .this connection, we can not but express the position about the common work on harmonization of the federal and regional legislation.conflict character of the constitutions and many federal and regional laws is the up-date reality of Russia. And the most conflict have appeared the subjects of joint conducting stipulated in Article 72 of the Constitution of the Russian Federation. It is known, that on the subjects of joint conducting the federal laws are adopted and they frequently regulate everything, frequently beyond the common principles, leaving no place for the initiative of the regions. Actually it is the subject for the dispute on conformity of the Constitution of the Russian Federation (constitutionality) of such laws. The laws with the similar subject of regulation should determine the common principles of regulation in the given concrete sphere. Then its natural addition shall become the regional law taking into account the local specificity.Constitution of the Russian Federation has established the spheres of public relations which have become the subjects of joint conducting of the Russian Federation and its subjects on which the federal laws are adopted , and according to them the laws of the subjects should be adopted. However, some federal laws on the subjects of joint conducting are extremely detailed, adopted proceeding from the interests of the federal center, without taking into account the interests of the subjects, without giving them the right to decide independently the questions of vital necessity. democracy self management administrati...
