Levin Sergey Alekseevich. Local self-government in European federal states: Comparative Legal Research Levin Sergey Alekseevich
480 rub. | 150 UAH. | $ 7.5 ", Mouseoff, Fgcolor," #FFFFCC ", BGColor," # 393939 ");" Onmouseout \u003d "Return nd ();"\u003e Dissertation period - 480 rub., Delivery 10 minutes , around the clock, seven days a week and holidays
240 rubles. | 75 UAH. | $ 3.75, Mouseoff, Fgcolor, "#FFFFCC", BGColor, "# 393939"); " onmouseout \u003d "Return nd ();"\u003e Author's abstract - 240 rubles., Delivery 1-3 hours, from 10-19 ( Moscow time), except Sunday
Levin Sergey Alekseevich. Local self-government in federated States of Europe: Comparative Legal Research: Comparative Legal Research: the Dissertation ... Candidate of Law: 12.00.02 Moscow, 2007 198 p., Bibliogr.: With. 186-198 RGB OD, 61: 07-12 / 2116
Introduction
Chapter I. Theoretical foundations of local self-government in European federal states 12
1. Theories of local self-government in the European legal science and the peculiarities of their implementation in local government legislation
2. general characteristics Local self-government models in federated States of Europe 37
3. The influence of the European Charter of Local Self-Government on the development of local self-government in European federations 58
Chapter II. Comparative legal analysis of elements of municipal systems of European countries of Europe 76
1. Legal bases of local self-government in European federations 76
2. Territorial basis of local self-government in European federal states 100
3. Organizational forms of local self-government in European federal states 125
4. Powers of local governments and the interaction of municipal and government agencies in their implementation 150
Conclusion 175.
List of regulatory sources and scientific literature
Introduction to work
Relevance of the research topic. The problems of legal regulation of local self-government, its effective organization and operation are the subject of close attention of both Russian scientists and practitioners for more than 20 years. During this time, a number of federal and regional legislative acts enjoy the territorial, organizational, legal and economic foundations of local self-government were adopted in Russia. At the same time, as the experience of the implementation of the Federal Law of October 6, 2003, No. 131-FZ (Ed. Dated July 21, 2007) "On the General Principles of Local Self-Government Organization in Russian Federation"The optimal model of the organization of local self-government has not yet been found, which would equally responded would bethe interests and needs of the Federal Center, the subjects of the federation, municipalities and their population. This is confirmed by the fact that since the adoption in this federal law 30 changes and additions were made,
The modern stage of the development of local self-government in the Russian Federation simultaneously occurs simultaneously with the reform of relations between the Russian Federation and its subjects, on how successfully this problem will be solved - the direction of the development of Russian statehood - on the way to consolidate the principles of decentralization, the creation of a polycentric model of public administration with recognition of its advantages, or revival of centralized government controlledSubmisting local governments. Combining the time of federal and municipal reforms in the Russian Federation suggests that the main focus of the development of public administration is the decentralization of power, the harmonious distribution of powers and economic resources to implement them between government agencies and local governments. "
In foreign federal states, the extensive experience of the organization and functioning of local governments, which is often not taken into account in the practice of reforming local self-government in the Russian Federation. At the same time, the relatively legal study has its borders due to uniqueness. historical conditions In the practice of forming statehood in various states, as well as the difference in legal
"See: President of the Russian Federation Vladimir Pagina to the Federal Assembly of the Russian Federation of April 26, 2007. // Russian Newspaper-2007. -27.
systems. It seems the most appropriate implementation of the comparative legal analysis of municipal systems of federated European countries, since this case There is a generally accepted tendency of a certain approach of their state and legal systems based on the general principles of the organization of state power.
A deep study of legislation on local self-government, as well as the practice of municipal reforms in the federal states of Europe, their accounting in the development and implementation of federal laws and laws of the constituent entities of the Russian Federation, as well as other regulatory legal acts regulating local self-government, the interaction and relationship of local self-government and state institutions It should also play an important role in strengthening the authorities and management, improve their work and increase the efficiency of functioning.
The degree of scientific development of the topic. The problems of the organization and functioning of local self-government were the subject of numerous studies in both domestic and foreign legal science.
The constitutional foundations of local governments in the Russian Federation were reflected in the writings of such prominent Russian constitutionalists as A.S. AUTONOMOV, A.A. Bezuglov, A.A. Belkin, N.S. Bondar, etc. Zrazhevskaya, V.T.Kabyshev, E.I. Kolyushin, A.A. Cockot, G.N. Komkova, M.A. Krasnov, V.A. Kryazhkov, I.I. Ovchinnikov, Yu.A. Tikhomirov, B.N. Topornin and others. Modern problems Russian municipal law, incl. The improvement of the territorial, legal, organizational and financial and economic foundations of local self-government was devoted to the work of A.A. Akmalova, TM Bialokina, V.I. Vasiliev, I.V. Vedin, B.N Gabrichidze, A.A. Zoteeva, E.M. Koveshnikova, Yu.M. Kozlova, L.E. Lapteva, V.M. Manokhina, B.C. Wet, N.V. Postovoye, V.V. FILLY, A.A. Sergeeva et al.
In the writings of a number of Russian scientists - state scientists - I.A. Alebastova, Va.Akashova, E.V. Gritsenko, VB Evdokimova, V.V. Maklakova, A.S.prudenikova, P.I. Savitsky, Ya.Yu. Startseva, A.I. Cherkasova, V.E. Schirkin, A.A. Schlichter, MA The staff and others - a comparative legal analysis of the Institute of Local Self-Government in the Russian Federation and foreign countries was carried out. Features of the municipal systems of the Austrian Republic, the Kingdom of Belgium, the Federal Republic of Germany, Swiss confederation, incl., legal regulation of local self-government, its territorial organization, formation procedure and
the activities of municipal bodies and their competences are considered in the works of foreign scientists - E. Babst, N. Bistram, S. Berker, R. Walter, A. Gerna, F, Dellera, R. Drago, G.-y. Zalera, Majer, T. Olight, K. Plokker, Hollis, etc.
At the same time, with all the variety listed above scientific works Do not cover all the problems of the topic chosen for dissertation research. In the light of the reform of local self-government in the Russian Federation, the need for a comprehensive comparative study of municipal systems of federal states is becoming more acute.
The theoretical base of the study is the works of modern Russian scientists - specialists in the field of constitutional law (S.A. Avakjana, V.ґ. Ignatova, E.K. Kozlova, O.E. Kutafina, etc. Matveva, V.I. Chervonyuk , I.S. Yatsenko et al.) And municipal law (G.V. Atamacuka, G.V. Barabasheva, on. Emelyanova, V.V. Yeremyan, V.I. Fadeeva, E.S. Shugryina, V. L. Yasyunas, etc.).
The current state of the science of municipal law is largely based on the results of many years of research of lawyer scientists. XIX - Beginning XX centuries. In the dissertation work, the works of Russian scientists - state scientists were used, incl. V.P. Reason, A.V. Vasilchikova, A.D. Gradovsky, V.M. Gesssna, N.M. Korkunova, N.I. Lazarevsky, V.N. Leshkova, B.E. Nolde, B.N. Chicherina, as well as foreign scientists - specialists in the field of municipal law, incl. R. Arenza, J. Bordeaux, O. Girka, R. Hayist, G. Erinteka, E. Meyer, R. Background Praying, O. Ressler, D. De Rugson, A. De Tokville, L. von Stein, etc.
The object of dissertation research is municipal systems in federal states Western Europe and the Russian Federation as well public relationsarising in the field of organization and functioning of local self-government in federal states.
The subject of the dissertation study is the norms of the constitutional law of the Russian Federation, as well as the Federal States of Europe (Austrian Republic, the Kingdom of Belgium, the Federal Republic of Germany, the Swiss Confederation), the establishment of the Institute of Local Self-Government, and the Basic Elements of Municipal Systems - the legal basis, the territorial organization, the municipal system The authorities, their competence, the dissertation study also analyzed the regulations governing the procedure for the interaction of local governments and state bodies (both federal and subjects of the federation).
The purpose of the dissertation study is to be based on the comparative legal analysis of the municipal systems of European countries (Austrian Republic, the Kingdom of Belgium, the Federal Republic of Germany, the Swiss Confederation) to identify common and special trends in local government in federal states, as well as offer possible directions for improvement. Russian federal and regional legislation on local self-government.
The purpose of the study is achieved by solving the following tasks:
explore the theoretical foundations of local self-government (including the development of the concepts of local self-government) in the federal states of Europe;
carry out a comparative analysis of municipal systems and local self-government models in the federal states of Europe;
examine the influence of the European Charter of Local Self-Government and other regulatory documents of the Council of Europe on the development of local self-government in European federations;
analyze the legal foundations of local self-government in European federal states;
Consider the general and special in the territorial organization of local self-government in the federal states of Europe;
to compare the characteristics of the organization and formation of municipal authorities, as well as their interaction with state authorities in European federations;
to study the powers of local governments in European federal states and the financial and economic basis for their implementation;
Suggest the main ways to optimize the organization and functioning of local self-government in the Russian Federation, taking into account the studied experience of foreign federal states.
Regulatory legal framework research. The regulatory framework of the dissertation study amounted to international treaties, the participant of which is the Russian Federation (first of all, the European Charter of Local Government of October 15, 1985), the constitutional acts of the Federal States of Europe - the Federal Constitutional Law of Austria of November 10, 1920. "Constitution of the Austrian Republic" , Constitution and Charter of the Federal Lands of the Austrian Republic; Constitution of Belgium of February 17, 1984 (as amended 2007); The main law fee
the German Republic of Germany dated May 23, 1949 and the Constitution of the FRG lands; Constitution of the Russian Federation of December 12, 1993 and the Constitution (Charters) of the constituent entities of the Russian Federation; The Constitution of the Swiss Confederation of April 18, 1999 and the Constitution of Cantons). In preparing the dissertation study, the current editions of the legislation governing the organization and the functioning of the municipal systems of the Federal States of Europe were also used, incl. provisions on the communities of the federal lands of the Austrian Republic; The legislation of the Kingdom of Belgium about the communes, their agglomerations and federations and provinces, Walloon Code of local self-government and decentralization of May 27, 2004; Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation"; legislation on canton communities of the Swiss Confederation; Other regulatory legal acts on the organization of local self-government.
The practice of senior litigation of the bodies of federal states was undergoing a thorough analysis, incl. Feder & the Constitutional Court of the Republic of Austrian Republic, the Court of Cassation of the Kingdom of Belgium, the Federal Constitutional Court of Germany, the Constitutional Court of the Russian Federation, the Federal Court of the Swiss Confederation) in the field of ensuring the supremacy of the constitutional principles of local self-government.
The methodological basis of the dissertation study constitutes general scientific methods of knowledge, including: specifically historical, method of system analysis, structurally functional, method of complex approach and others, as well as a number of privately scientific methods - comparative legal entities, technical and legal, statistical and other methods .
In particular, the specifically historical method was used in the consideration of the development of local government theories, as well as municipal systems in the federal states of Europe; The theoretical and prognostic method manifested itself in preparing recommendations on specific legal practices and bill work.
A feature of the dissertation is the combination of a comparative legal and comprehensive study. These methods were used in conjunction with widely used for knowledge and explanations of the basic laws of the state of non-laws in the requirements of objectivity, comprehensiveness, historicism and the principle of concreteness.
The scientific novelty of the dissertation study is due to the fact that it carried out a comprehensive comparative legal analysis of municipal systems existing in European federal states. The study made it possible to identify common European trends in the development of the concepts of local self-government and the specifics of their implementation in the municipal legislation of these states.
A comparative legal study of the municipal systems of European federations was carried out by the dissertation, the general and special in the organization and functioning of local governments in the federal states of Europe was considered, which in the Russian science of constitutional law were not sufficiently studied. Possible prospects for the development of local self-government in European federations are presented, ways to improve the legislation of the Russian Federation and the subjects of the Federation of local self-government are proposed.
A number of regulatory and empirical sources are introduced into the scientific turnover.
The following provisions and conclusions are made on the defense, containing elements of scientific novelty:
Based on studying the history of the development of theoretical concepts of local self-government in the federal states of Europe, the dissertation comes to the conclusion that the dualistic theory of local self-government dominates in their constitutional legal doctrine, in accordance with which local government, on the one hand, is recognized as a continuation Government government at the local level, and on the other - is a legitimate expressive of the interests of the local community. The embodiment of this theory in the municipal legislation of Austria, Germany and Switzerland made it possible to overcome the opposition of state, public-legal and local began in local self-government and contributed to the successful conduct of municipal reforms in European federations at the end of XX - early XXI in.;
The study of models of local self-government implemented in foreign federal states allowed the dissertation to conclude that the formation of a municipal system in a particular state was significantly influenced by not only the features of its legal system, but also state device and related principles of territorial distribution of powerful powers, as well as specifics historical Development local self-government, and the state as a whole. The dissertant believes that the federal structure of the state
determines the diversity of organizational forms of local self-government, compliance with their historical and national traditions of local government in multinational states, and also allows to distribute the authority between government agencies of the subjects of the Federation and municipal authorities in accordance with the existing level of financial and economic security of local self-government;
Based on the study of the provisions of the European Charter of the Local Self
Management of 1985 and the peculiarities of their implementation in legislation and law enforcement
the practice of foreign federal states and the Russian Federation dis
SERTANT believes that the Charter does not contain an imperative requirement of building
Single self-government in a single model in all participating States, it is
only tool for harmonization of local government standards with learning
Tom of respect for the national peculiarity of each state.
The dissertation notes the practice of ratifying the European Charter of local self-government with the reservations and adapting the principles of the organization of local government in the domestic legislation of these states and on this basis is concluded that the accession of the Russian Federation to the Charter cannot serve as a substantiation of radical reform. local self-government in the early 90s. XX century, the result was the result in the legislation of the opposition of local self-government and state power;
The dissertation reveals general trends in the development of local self-government in
Federal States that ratify the European Charter of the Local Self
management: a) increase independence of local self-government in decision
local issues; b) expansion of the list of state powers,
who are endowed by local self-government; c) provision of guarantees
International protection to local self-government. On this basis by the dissertation
It is concluded that the implementation of the provisions of the European Charter in the legislation
the law enforcement practice of federated states may later
lead to gradual unification of local government legislation and
Ultimately, the emergence of the common European model of local self-government
;
A comparative legal analysis of the legislation of Austria, Germany and Switzerland on local government shows that in federal states more preferable is the establishment of the foundations of the local
self-government federal constitutions and detailed regulation of local self-government legislation of the subjects of the Federation. This is also evidenced by the transfer of the regions of Belgium in 2001 to the authority to establish the legal status of municipalities and their associations. Thus, a detailed settlement in Russia by federal laws of the order of the organization and functioning of local municipality is clearly redundant for the federal state and does not allow to take into account the peculiarities of the implementation of local self-government in the constituent entities of the Russian Federation;
Based on the study of the experience of reforming the territorial organization
Local government in European federal states, subject
Tant believes possible to establish Russian municipal legislation
Various (including tax, budget) Methods of promoting Malocious
municipalities.
It is also advisable to use the associations of municipalities in the territorial basis (federation and agglomeration of settlements) as a form of promoting the consolidation of municipalities;
Comparative legal analysis of local government legislation and
The practices of its use in the federal states of Europe allowed to identify a number
positive moments, the introduction of which in the Russian legal system is allowed
Lit improve the legislation of the Russian Federation on the local itself
management;
a) the experience of implementing the institutions of direct democracy (such as places
imperative and advisory referendum, gathering citizens, folk right
Creative initiative) in local self-government Switzerland can be useful
For Russian local self-government, which will contribute to attracting
local population to solve local issues, as well as approval
municipalities as independent subjects of constitutional law
va;
b) it seems possible following the example of Austria, Germany and Switzerland
Russian municipalities of law on appealing to the bodies
Justice of federal laws and legislative acts of the subjects of Russia
Federation, violating local governments, enshrined in con
RF standing;
c) when determining the organizational forms of the implementation of the local self
Management in the cities of federal significance it is possible to use the experience of organizing
local governments in Vienna, where the same authorities carry out the functions of local governments and state authorities of the subject of the Federation.
The theoretical and practical significance of the dissertation study is determined by its novelty and contained generalizations, conclusions and suggestions that can be used by law-conducting and law enforcement authorities in the improvement of the municipal system of the Russian Federation.
Materials, conclusions and provisions of the dissertation work can also be used in the process of teaching courses "Constitutional law of the Russian Federation", "Municipal Law of the Russian Federation", "Constitutional (state) law of foreign countries".
Approbation of the dissertation research results. The provisions and conclusions of the dissertation study were discussed and approved at meetings of the subject-methodical commission and the Department of State Construction and Law Russian Academy public service under the President of the Russian Federation. The main results of the dissertation study are reflected in the scientific publications of the dissertation.
Structure of work. The thesis consists of administration, two chapters, including seven paragraphs, conclusions, a list of used regulatory sources and scientific literature.
Theories of local self-government in European legal science and the peculiarities of their implementation in the legislation on local self-government
The development of local self-government in the world is an objective process characteristic of the XX century. - The beginning of the XXI century. It develops and deep into and wrench, capturing all new and new states. In European federal states (first of all, in the Russian Federation), this process was sophisticated, restrained by the central government, was re-activated.
It is primarily important to determine the concept of "local government". In the literal sense, the term "self-government" means "managing himself, with his own business," which implies a certain kind of independence from the central bodies in solving its internal problems. In our literature, local government is usually implied by "local representative bodies elected by the population of the relevant administrative-territorial unit and decision makers on the most important local issues, and executive led by the mayor, burgomistrome, etc. For the implementation of operational management and execution of a number of nationwide functions "1.
The championship in theoretical development of local self-government problems belongs to German affairs. German scientists believed that this term is obliged to appear by L. W. Stein, who saw in local self-government an active form of participation of citizens in the management of state affairs. His position was from-Razhen in the "Prussian settlement about the Charter of the Cities", adopted in 1808.
According to foreign scientists, the concept of "self-government" first began to be used in connection with the field management already at the end of the XVIII century. - At the beginning of the XIX century. And it was due to the proclamation of the principle of independence of the community in relation to the state. During this period of time, in European legal science, the question of the limits of the regulatory action of state power was relevant and is considered along with other basic doctrines of political and legal science - the divisibility of state sovereignty, separation of the authorities, responsibility of ministries, etc. Socio-political context of discussion of the problem of local self-government liberal currents of the European public thought made it a theoretical counterweight idea and practice of a police state.
In 1830, the problem of local self-government acquired and practical. This year, a revolution in Belgium has begun to decide Vienna Congress 1815 to the Netherlands. A direct reason for the revolution was the financial and administrative oppression of local communities, before that, the victims of the Belgian Revolution, which was used by the Dutch government, the victim of the country's separation principle in a peculiar editorial board in the Constitution of the country. The National Constituent Congress recognized that along with the constitutional authorities - legislative, executive and judicial - there is also the fourth power, communal, to Pouvoir Municipal, equal with them. The legislator recognized that by virtue of such a community situation, they have the right to establish their own affairs regardless of the intervention from the state.
The result of these reflections on the legal nature of the self-government was the theory of "free community". Along with the laws of human rights and citizen, the theorists of the law also allocated inviolable community rights. The territorial community was recognized as an integral, "natural" right to independent management of community affairs, including the local police.
The central position of this concept was the idea that communities are not created by the state, but historically precedes him. The state is only Dejure recognizes what De Facto, by virtue of the usual law, exists in itself. Hence the following signs of self-government were displayed:
It is the management of communities's own affairs, which, according to its very creature, are different from public administration;
Communities are subjects of rights belonging to them, individuals from the state with legal entities. Any state intervention in the community affairs is a violation of the rights owned by the community;
Officials of community management are not state officials, and communities1.
The concept of "free community" in the 50-60s. XIX century E. Meyer was developed, O. Ressler, and the classical expression was the work of R. Arenssa2. These scientists justified the right of the local community on self-government by using the recovery of community (local, local) state (nationwide, unifying), national laws and a unified system of government. The main direction of this concept of local self-government is to substantiate the need to limit the state intervention in the affairs of the community, historically preceding the state. This theory, based on the idea of \u200b\u200bnatural law, proceeded from the recognition of the community as a naturally established organism independent of the state.
This allowed in the conditions of the origin and the formation of local governments to substantiate (not so much on scientific, but at the political, lawless level) the right of local self-government on autonomous existence, along with state authorities. Hence the right of the population on self-government in a separate territory, the right to organizational and functional diversity of local self-government due to the differences between local interests, customs and traditions is declared.
In modern monograph "On the way of democratic decentralization: the restructuring of regional and local authorities in conjunction in Europe" under the "local government" is understood to "all levels below state", under the "local government" - an organization that represents the interests of their voters acting in their interests and through the elected council and its executive body; And under the "local self-government" - "The right of a democratically autonomous unit of subnational management to regulate and manage a significant part of the public problems in the interests of the local population." The key concept of the theory of local self-government is "independence." According to German scientists, independence is "the role of local authorities at which they themselves make decisions of their standards, without reference to the national."
The concept of natural powers received legislative consolidation in a number of countries of the continental legal family. For example, the Belgian Constitution of 1831, recognizing the inalienable powers of the communities, proclaimed the existence along with the legislative, executive and judicial authorities, the fourth, municipal government. The current Constitution of the Kingdom of Belgium 1994, although it does not directly enshrines the municipal authority as an independent branch of power, but places chapter VIII "On Provincial and Communal Institutions" in part III of the Constitution "On the authorities".
The overall characteristics of local self-government models in European European countries
Local self-government gets fastening its legal nature In national legislation, thereby local self-government is issued into the municipal system. In this - average level - there is a compound of the abstraction "local self-government" with its attribute signs and its consolidation in constitutional-legal status as a sufficiently sustainable legal phenomenon "
The concept of "municipal system" specifies the concept of "local self-government", BR Chervonkzh defines the municipal system (or system of local self-government) as the features of the political system of the country, the historical conditions for the development of its statehood, the type of local self-government, characterized by the specifics of the relationship with central and local (regional) bodies State author, forms of participation of local communities in the implementation of power.
From the point of view of Professor Al, Akmalova, the municipal system was a set of interrelated and enshrined in the national legislation of the Legal Institute of Local Government, which reflect the features of his organization in a particular state and autonomously and sustained in the interests of municipality, region and the state as a whole. Thus, the municipal system seems to be formally autonomous part (subsystem) of the national legal system. Such a distinction allows in terms of a combination of general and special, dependence and autonomy, unification and differentiation, centralization and decentralization, identify the specifics of local government within the framework of the national legal system. This concept allows the pro-demonstration of especially the local government organizations due to the impact of the legal system, the forms of the state. If the common in the municipal system is manifested as a set of mandatory essential signs of local self-government (including the unity of political and social, public-legal and private-legal), then special - as a degree of implementation, fullness of the manifestation of these signs. It depends on the peculiarities of the national legal system, the history of the emergence and developed local governments, political, socio-economic and cultural conditions and other factors, including subjective nature1.
An analysis of the national municipal system should take into account the diversity of its elements - legal institutions. This is due to local self-government as the unity of political and social, public and private. On the other hand, the idea of \u200b\u200bit as the system provides for the recognition of the relationship and interaction of individual legal institutions (which does not exclude their autonomy).
The municipal system is a choice on a national (nationwide) level, which is secured mainly in the main law of the state. But even his consolidation in the Constitution has, as not only Russian experience, historical character shows. A comparative analysis of the national system of local self-government against the background of others can be the basis of both a new, other choice and a significant adjustment of the already made selection.
Analysis of the municipal system requires a solution to three major problems. First, the problems of typology of municipal systems. In this regard, a comparative analysis of the main types of municipal systems was fruitful. This allows not only to identify the features of each, but also to determine the place of the Russian system among them. Secondly, this is the problem of interpretation of the constitutional legal status of local self-government. It is in national legislation that, first of all, in the constitutions of European states, received its value and formally legal consolidation of the status of local self-government (and with it, and representing a certain part of theorists and practitioners on its features), which allows us to talk about the Russian municipal system. Thirdly, the interpretation of this status is connected with the following, a very difficult issue - an analysis of the general principles of the organization of local self-government, the basis of which is the constitutional provisions on local self-government. In these principles, first of all, the constitutional legal status of local self-government is implemented. They influence the definition of items of its maintenance and powers, the interaction of the population and local governments, municipalities, subjects of the Federation and the Federation as a whole. Development, legal consolidation of these principles, as well as law enforcement practice, clarify (in many positions, researchers could not come to agreed), which represents (or must submit) the Russian municipal system.
IN modern world More than 180 independent states, in each of them there is their own system of local self-government. However, it is not stamping difficulties to be difficult: in the federal states in each subject of the federation there are companies in the organization of local self-government, and in some cases there are significant differences and within individual states or subjects of the federation.
Thus, there is a possibility of more than 180 national systems of local self-government, within 20 of the Khorsk, there are up to 50 (up to 87, if we take into account Russia) of subnational systems. The study of each system is individually necessary to identify the originality of the organization and functioning of local governance in different countries. In addition, it is when considering a particular system of local self-government it becomes possible to determine the relationship of this or that method of organization with specific: the features of the institutions of the central government and their relationship with local governments, the features of national legal systems, the national economy, culture, etc. However, paying The main attention to the specifics and context makes an almost impossible comparison; The amount of information increases to non-direct dimensions.
The modern domestic and foreign legal science has developed a number of typologies of local government systems. For example, R. Drago allocates the following four tad of local self-government: federalism, self-government, decentralization and centralization. The basis of its classification is the degree of autonomy of local (territorial) teams and recognition of "local freights" 1. This typology is quite conditional, as there are significant gradations within these models. There are also mixed forms.
Legal bases of local self-government in European federations
Under the legal basis of local self-government in domestic science The municipal law is understood as a system of regulatory legal acts defining the organization, form of implementation and guarantees of local self-government, its tasks and functions, as well as the competence and responsibility of the body and officials of local self-government, their relationship with state authorities and citizens1.
The structure of the system of regulatory legal acts, establishing the organization and functioning of local self-government in the federal states of Europe, as a rule, can be distinguished 3 levels: - federal legislation; - legislation of the subjects of the Federation; - Municipal legal acts.
The Federal Constitutional Law of Austria of November 10, 1920, "The Constitution of the Austrian Republic" establishes the basic principles of the organization of local self-government in paragraph "C" of the "community" of the fourth section of the Constitution "Legislative and Executive Power of Lands" (Article 115-120). Constitutional regulation of local self-government in the Austrian Republic is quite detailed. The Federal Constitutional Law of Austria not only contains the definition of the abbreviation (Art. 116, para. 1 and 2), as well as the main guarantees of local self-government, but also definitely determines the structure of local governments (Art. 117, para. 1); Order from the formation (Art. 117, para. 2) and activities (Art. 117, para. 3). Federal Constitutional Law in Art. one! 8 describes the scope of community powers, in TL. fixes in detail in para. 3 of this article List of specific powers. The Federal Constitutional Law of Austria will also enshrine the execution of the powers of individual bodies of local self-government and their officials (Art. 118a), in the so-called. The procedure for transfer by the burgomystrrity to other officials (Art. 118, para. 6 and 7), as well as its responsibility to the representative body of local self-government (Art. 118, para. 5). A specific feature of the Constitution of the Austrian Republic is the consolidation in Art. 119a of the general principles of administrative supervision on the part of federal and land bodies for the activities of local government bodies.
However, in relation to issues that are not attributed to the competence of a federal state in accordance with Art. 10-15 of the Federal Constitutional Law of Austria dated November 10, 1920 "Constitution of the Austrian Republic", the subjects of the Federation - land have all the completeness of the legislative power in the regulation of local self-government, "in relation to issues that are not specifically related to the Federation's competence, the Earth's legislation should To resolve the right communities in accordance with the principles of subsequent articles of this chapter. Competence on issues related to Art. 118 and 119 Communities are determined by the legislation of land in accordance with the general prescriptions of the Federal Constitutional Law of Austria 1920 G-»1 Thus, the Federal Legislation on Local Self-Government in the Austria republic is submitted by paragraph" C "of the" community "of the Federal Constitutional Law of Austria 1920 . "Constitution of the Austrian Republic" and federal laws transferring local governments to fulfill individual government powers and regulating the procedure for their implementation.
Since in the framework of the Federal Constitutional Law of Austria, 1920, it is not provided for the categorical entry of the regulation of the organization of the community into competence of the federal legislator, the land can be appropriate to the Federal Constitutional Law of Austria 1920. The Constitution of the Austrian Republic "" Regulations on communities ".
A number of land included the principal provisions on communities in their Constitution: Land Constracted Law of September 14, 1981 "Constitution Burgen-Landa" (Article St.st., 84-87) 2; Land Constitutional Law of July 11, 1996 on the adoption of the Constitution of the Federal Earth Karishiya (Art. Z) 3; Constitution of Land Lower Austria 1979 (Art. 57-60) 4; Earth Constitution Upper Austria 1991 (Article 65-67); Constitution of the Earth Salzburg 1999 (Art. 51-52a); Land Constitutional Law of September 21, 1988 on the Constitution of the Earth Tyrol (Stcht. 72-78) 3; Constitutional Law "On the Constitution of the Land of Forapberg" (Article 72-78) 4. With this, the volume of constitutional regulation is different - from simply consolidating the position of the community as a territorial form of self-government of citizens and instructions on them as a lower level of public authority (in Art. 3 of the Land Constitutional Law of July 11, 1996, on the adoption of the Constitution of the Federal Earth Karinthia), to detailed consolidation of the structure of the bodies of the local government and the election law into local governments (Spear. 72-78 of the Land Constitutional Law of September 21, 1988, on the Constitution of the Earth Tyrol). There is no mention of local governments in constitutional acts of land and Salzburg lands.
The main burden of legal regulation of local governments is "provisions on communities", which are adopted by land governments in most federal lands of the Austrian Republic: a) Regulation on the communities of the Earth Burgenland5; b) the Carinthian general provision on communities6; c) the provision on the community of Nizhny Austria is 1973; d) Regulations on the top Austria communities 1990,; e) Regulation on the communities of Salzburg 1990.
At the same time, the legislative regulation of the organization of local self-government, according to Austrian constitutionalists10, is rather an exception than the rule. Legislative acts, until recently, existed only in 2 lands: a) the law of Styria of June 14, 1967, "On the publication of the Regulations on communities, with the exception of urban communities" 11; b) the law of the land of Foralberg on the organization of utility control 1985, 12; B) In 2001, the Law of March 21, 2001 was adopted on the regulation of local self-government in Tyrol.
At the same time, the legislation of the land is governed by almost all parties to the life of communities. For example, the Carinthia system includes: - Carinthian total half of the communities; - the procedure for holding the election of the Municipal Council and Burgomistra in 2002, 1 and the Declaration of the Carinthian Land Government of December 15, 1998 on the local referendum7; - Carinthian budget process in communities3; - Law of June 29, 1972 on the transformation of the structure of local self-government in Carinthia4; - city charters in Klagenfurter 19985 and the city of Phillacher 199866
Territorial basis of local self-government in federated States of Europe
Local self-government is carried out by the population, the "territorial team" living within the boundaries of a particular administrative-territorial unit. Under the "territorial groups" with the right to implement local governments, it is understood as a relatively sustainable socio-political association of citizens permanently residing on one territory. Only at the same time, in them, they assume the existence of elected local governments (in states who adopted a "continental" model of local self-government, they coexist with officials appointed by government authorities - governors, burgomistraces, etc.) 2.
If administrative-territorial education does not receive the status of the "territorial team", the Office will be carried out by the appointed "top" officials that simultaneously monitor the legality of the legality of the authorities of the lower level. In the first case, this kind of education is called "natural", in the second - "artificial". "Natural" administrative-territorial units are recognized by various types of settlements (villages, towns, cities, etc., it stands out to eight types of "natural settlements"), where people are historically "naturally" grouped for living together, and where tradition has already been formed long ago electoral control. Currently, such units are called communities, communities, parishes, although there are megalopolises among them. "Artificial" units are recognized by the regions, areas, provinces, districts, etc., created "from above", acts of state power in the process of zoning the territory of the state (although such zoning can be carried out on the historical principle).
The separation of administrative-territorial units on "natural" and "artificial" is sufficiently conditional, but there are significant differences in the organization of management in places. In natural units, there are always elected and elected local governments (exception, of course, they are, however, they are due to either extreme circumstances, for example, the conditions of military time, or the establishment of a non-democratic regime, when the functions of local government perform officials appointed by the "Center") 1 .
The primary cell of local self-government in foreign countries is city and rural comments that exist within the boundaries of urban and rural settlements. They can be referred to in different ways, and also significantly differ from each other with the size of the territory and population.
At the same time, in the Austrian Republic and the Swiss Community Confederation (Communes) are the only level of local government.
In accordance with Art. 116 (Abs. 1) of the Federal Constitutional Law of Austria dated November 10, 1920 p "Constitution of the Austrian Republic" The community is a territorial public-legal entity with the right of self-government and at the same time an administrative-territorial unit2.
As a territorial public-legal entity, the community is a legal entity of public law, which hurries all people who consist in certain relations at the local level (for example, residence, stay) on a certain territory. The Constitution of Austria recognizes the existence of 3 species of territorial public legal entities - states, lands and communities. At the same time, at the constitutional level, the status of territorial public legal entities is not recognized for the associations of municipalities,
The community as an administrative-territorial unit is the bottom stage of the organization І axis of the domestic territory4. In accordance with Art. 116 (Abs. 1) Constitution of Austria Kaadaya The Federal Earth is divided into communities: "Each area of \u200b\u200bthe territory should belong to some kind of community." At the same time, the Constitution establishes the internal unity of the community territory. The Federal Constitutional Court indicated that the division of the territory of the community into components should be justified in terms of the implementation of effective local government1.
The Constitution of Austria under the "community" fundamentally understands the "local community" (Art. 115 para. 1). Moreover, the differences in the actual state of communities, for example, in size or financial capabilities, have no meaning for the legal position of the community; In particular, the weight of Oyshina has an equal scope of competence (the principle of the "abstract community" or "combined community"). Minor differences in the legal status of communities arise after appropriate the title of the title of "City community" or "a large rural (fair) community. So "in 3 provisions on the communities of Lower Austria in 1973 (as amended 2007), it was established that individual communities that occupy paramount importance in the population. as well as geographical position, on economic, architectural and cultural signs, the status of the city may be assigned; And communities that occupy a special geographical and economic situation are, due to their territory, fairs are held on their territory - the status of a "large rural (fair) community" 2. A similar position also contains 3 provisions on the communities of Lower Austria 1990, (as amended 2005,) 3.
For a community with a population of at least 20 thousand inhabitants, if this does not infringe upon the interests of the Earth, there must be an independent status on the basis of the community on the basis of the law of the Earth (the legal status of the city). Such a legislative decision may be published only with the consent of the federal government. Consent is considered to be data if within 8 weeks from the date of receipt of the Legislative Decision by the Competent Federal Ministry, the Federal Government will not inform the Governor of the Earth about his refusal.
Only the urban community has a special legal status - cities with its own charter (. Statutarstadb) 4. The city, which has an independent status, must be in addition to the tasks of community management, the tasks of the regional department5 are also carried out. At the same time, the territory of this municipality coincides with the territory administrative District - Steps of the administrative and territorial depection of the Austrian Republic, which occupies an intermediate position between the federal land and the community.
Doctor - A person who uses his skills, knowledge and experience in the prevention and treatment of diseases, maintaining the normal vital activity of the human body. The main work of the practitioner is to prevent, recognize and treat diseases and injuries. This is achieved by constantly improving the skills and improvement of medical mastery.
It does not matter if you add to a commercial clinic or choose state services: it is necessary that the doctor be competent, and its diagnoses are reasonable.
Reliability
Good doctor It looks neat: pure medical bathrobe, clothes, hands - everything should be in perfect order. It is important that from the first minute of dating the doctor caused a sense of confidence and security in a patient. This is a prerequisite, without which no treatment is impossible. According to research, patients who trust their doctors, it is easier to change their lifestyle - for example, to lose weight or refuse salty food at a high risk of arterial hypertension.
One of the important trust factors between the doctor and the patient is a partisitativity, the patient's participation in the process of treatment and decision making. Options when the patient in the walls of a medical institution turns into an object of treatment, silent and bad, go into the past. Now the patient can choose himself, how he is treated, and the doctor's task is to give him enough information to make a decision.
Attention
The doctor is obliged to interview the patient and find out what caused the visit and what purpose a patient sets itself. The doctor will ask questions about the patient's well-being, its habits and lifestyle, the history of the development of symptoms, concomitant diseases and medicines that he accepts. It will definitely ask for cases of diseases among the nearest relatives - parents, grandparents, siblings and sisters.
Some questions may seem not related to the case or to the main specialty of the doctor. This is normal: the doctor must take into account everything to the smallest details and pay attention to the details, do not necessarily obviously associated with patient complaints. A good specialist knows many subtleties and checks all possible diseases.
Any reception should include an inspection. At the same time, it will not be necessary, it will be accompanied by a lush ceremony - the patient does not always need to undress and go to the couch. For inspection, some specialists will rather evaluate the type of physique, the distribution of subcutaneous fatty fiber, the condition of hair and skin, to proper the organs necessary for the diagnosis. At the same time, it is necessary that the doctor takes into account the patient's comfort and did not invade his personal space without necessity.
Openness
The doctor must calmly and patiently respond to all the patient questions and comment on the required limits - every decision.
A good doctor will always explain what is happening, will reveal all the incomprehensible patient terms, will give the patient the opportunity to make decisions.
If we are talking about assigning an analysis, the doctor will explain what information will give a study and why it must be held. Any analysis does not play any role as long as the specialist interpreted him. At the request of the patient, the doctor should be ready to comment on each analysis indicator and assess its contribution to the diagnosis.
It is important that each inspection end with the formulation of a preliminary or final diagnosis. In some cases, in order not to disturb the patient in advance, the doctor can be silent until a certain moment about the diagnosis or reason for the assignment of the analysis. This is necessary, for example, in suspected oncological diseases - no need to scare the patient before obtaining reliable research results.
At the same time, if the patient sets a direct question, a doctor needs to speak all alleged options, and not only to name the most negative. Here, the doctor will require the knowledge of the principles of ethics and deontology (the doctrine of the problems of morality and morality).
Professionalism
Every doctor behind his back medical education, but modern science Developed by a rapid pace: the diagnostic methods are improved, the database knowledge base is constantly updated, new results of clinical studies appear. Therefore, the doctor becomes the need for knowledge foreign languages: Most articles are published in English.
The doctor will not appoint drugs with unproved efficiency - except in cases where a healthy patient is confident that sick. In this case, such appointments operate on the principle of placebo and the patient feels better. In parallel with this, as a rule, consultation of the psychotherapist is recommended - such symptoms may be associated with depression or neurosis.
Good doctor There will be no obsolete or commercial diagnoses - diseases that are absent in the international classification of diseases or do not correspond to the symptoms of the patient, but for the treatment of which expensive treatment can be appointed. If you are not sure about the prescribed treatment or examination, better consult with another specialist.
All appointments of the doctor must comply with international recommendations. The doctor cannot put pressure on the patient. If you have doubts, do not hesitate to ask all the questions to your doctor or consult a second opinion to another specialist if you failed to get a clear answer.
Teamwork
It is not always for the treatment of a patient for the effort of one specialist - sometimes teamwork is needed. In such cases, address recommendations are not working: often a proven physician, which you learned from acquaintances, you need to send you to another specialist, and on this magic recommendations may end. The geography of treatment becomes immense, medical papers are lost in various institutions (if you generally get them in your hands), the history of the disease has to repeat dozens of times.
High-quality medical care requires an integrated approach. Behind the doctor should be a proven clinic or its own network of contacts. Then the doctor can easily assemble a multidisciplinary consilium or transfer the patient to another clinic.
When passing a patient, the continuity of assistance is needed - transfer information, describe and continue the diagnostic concept or treatment regimen. This ensures not only fast and high-quality assistance, but also maintains the patient's trust. Ideally, if every patient has a leading doctor who monitors the patient's treatment.
Together with the medical map, he transmits the history of the disease and all the information about the patient within one clinic, and when transferring to another institution prepares a detailed extract and continues to observe the patient's treatment. Each further physician complements the data obtained and the results of treatment and allows you to accurately determine the diagnosis and choose a suitable treatment.
For efficient work, the doctor must be available all tools laboratory diagnostics And the ability to send the patient to another institution or, if necessary, to emerge to hospitalize.
Relevance of the research topic. The problems of legal regulation of local self-government, its effective organization and operation are the subject of close attention of both Russian scientists and practitioners for more than 20 years. During this time, a number of federal and regional legislative acts enjoy the territorial, organizational, legal and economic foundations of local self-government were adopted in Russia. At the same time, the experience of the implementation of the Federal Law of October 6, 2003 No. 131-FZ (ed. Dated July 21, 2007) "On the general principles of the organization of local self-government in the Russian Federation", the optimal model of the organization of the local organization has not yet been found. self-government that would equally responded would bethe interests and needs of the Federal Center, the subjects of the federation, municipalities and their population. This is confirmed by the fact that since the adoption in this federal law 30 changes and additions were made,
The modern stage of the development of local self-government in the Russian Federation simultaneously occurs simultaneously with the reform of relations between the Russian Federation and its subjects, on how successfully this problem will be solved - the direction of the development of Russian statehood - on the way to consolidate the principles of decentralization, the creation of a polycentric model of public administration with Recognition of its advantages, or the revival of centralized government, replacing local governments. Combining the time of federal and municipal reforms in the Russian Federation suggests that the main focus of the development of public administration is the decentralization of power, the harmonious distribution of powers and economic resources to implement them between government agencies and local governments. "
In foreign federal states, the extensive experience of the organization and functioning of local governments, which is often not taken into account in the practice of reforming local self-government in the Russian Federation. At the same time, the relatively legal study has its borders due to the uniqueness of historical conditions in the practice of forming statehood in various states, as well as the difference in legal
"See: President of the Russian Federation Vladimir Pagina to the Federal Assembly of the Russian Federation of April 26, 2007. // Russian Newspaper-2007. -27.
systems. It seems the most appropriate implementation of the comparative legal analysis of the municipal systems of the Federal States of Europe, since in this case there is a generally accepted tendency of a certain approach of their state and legal systems based on the general principles of the organization of state power.
Deep study of legislation on local self-government, as well as the practice of municipal reforms in federal states of Europe, their accounting in the development and implementation of federal laws and laws of the constituent entities of the Russian Federation, as well as other regulatory legal acts regulating local self-government, the interaction and relationship of local self-government and state institutions It should also play an important role in strengthening the authorities and management, improve their work and increase the efficiency of functioning.
The degree of scientific development of the topic. The problems of the organization and functioning of local self-government were the subject of numerous studies in both domestic and foreign legal science.
The constitutional foundations of local governments in the Russian Federation were reflected in the writings of such prominent Russian constitutionalists as A.S. AUTONOMOV, A.A. Bezuglov, A.A. Belkin, N.S. Bondar, etc. Zrazhevskaya, V.T.Kabyshev, E.I. Kolyushin, A.A. Cockot, G.N. Komkova, M.A. Krasnov, V.A. Kryazhkov, I.I. Ovchinnikov, Yu.A. Tikhomirov, B.N. Topornin and others. Modern problems of the municipal law of Russia, incl. The improvement of the territorial, legal, organizational and financial and economic foundations of local self-government was devoted to the work of A.A. Akmalova, TM Bialokina, V.I. Vasiliev, I.V. Vedin, B.N Gabrichidze, A.A. Zoteeva, E.M. Koveshnikova, Yu.M. Kozlova, L.E. Lapteva, V.M. Manokhina, B.C. Wet, N.V. Postovoye, V.V. FILLY, A.A. Sergeeva et al.
In the writings of a number of Russian scientists - state scientists - I.A. Alebastova, Va.Akashova, E.V. Gritsenko, VB Evdokimova, V.V. Maklakova, A.S.prudenikova, P.I. Savitsky, Ya.Yu. Startseva, A.I. Cherkasova, V.E. Schirkin, A.A. Schlichter, MA The staff and others - a comparative legal analysis of the Institute of Local Self-Government in the Russian Federation and foreign countries was carried out. Features of the municipal systems of the Austrian Republic, the Kingdom of Belgium, the Federal Republic of Germany, the Swiss Confederation, incl., Legal regulation of local self-government, its territorial organization, formation procedure and
the activities of municipal bodies and their competences are considered in the works of foreign scientists - E. Babst, N. Bistram, S. Berker, R. Walter, A. Gerna, F, Dellera, R. Drago, G.-y. Zalera, Majer, T. Olight, K. Plokker, Hollis, etc.
At the same time, with all the variety listed above, scientific works do not cover all the problems of the topic chosen for the dissertation study. In the light of the reform of local self-government in the Russian Federation, the need for a comprehensive comparative study of municipal systems of federal states is becoming more acute.
The theoretical base of the study is the works of modern Russian scientists - specialists in the field of constitutional law (S.A. Avakjana, V.ґ. Ignatova, E.K. Kozlova, O.E. Kutafina, etc. Matveva, V.I. Chervonyuk , I.S. Yatsenko et al.) And municipal law (G.V. Atamacuka, G.V. Barabasheva, on. Emelyanova, V.V. Yeremyan, V.I. Fadeeva, E.S. Shugryina, V. L. Yasyunas, etc.).
The current state of science of municipal law is largely based on the results of many years of research of lawyers of the XIX-early XX centuries. In the dissertation work, the works of Russian scientists - state scientists were used, incl. V.P. Reason, A.V. Vasilchikova, A.D. Gradovsky, V.M. Gesssna, N.M. Korkunova, N.I. Lazarevsky, V.N. Leshkova, B.E. Nolde, B.N. Chicherina, as well as foreign scientists - specialists in the field of municipal law, incl. R. Arenza, J. Bordeaux, O. Girka, R. Hayist, G. Erinteka, E. Meyer, R. Background Praying, O. Ressler, D. De Rugson, A. De Tokville, L. von Stein, etc.
The dissertation research object is municipal systems in the federal states of Western Europe and the Russian Federation, as well as public relations arising in the organization and functioning of local self-government in federal states.
The subject of the dissertation study is the norms of the constitutional law of the Russian Federation, as well as the Federal States of Europe (Austrian Republic, the Kingdom of Belgium, the Federal Republic of Germany, the Swiss Confederation), the establishment of the Institute of Local Self-Government, and the Basic Elements of Municipal Systems - the legal basis, the territorial organization, the municipal system The authorities, their competence, the dissertation study also analyzed the regulations governing the procedure for the interaction of local governments and state bodies (both federal and subjects of the federation).
The purpose of the dissertation study is to be based on the comparative legal analysis of the municipal systems of European countries (Austrian Republic, the Kingdom of Belgium, the Federal Republic of Germany, the Swiss Confederation) to identify common and special trends in local government in federal states, as well as offer possible directions for improvement. Russian federal and regional legislation on local self-government.
The purpose of the study is achieved by solving the following tasks:
explore the theoretical foundations of local self-government (including the development of the concepts of local self-government) in the federal states of Europe;
carry out a comparative analysis of municipal systems and local self-government models in the federal states of Europe;
examine the influence of the European Charter of Local Self-Government and other regulatory documents of the Council of Europe on the development of local self-government in European federations;
analyze the legal foundations of local self-government in European federal states;
Consider the general and special in the territorial organization of local self-government in the federal states of Europe;
to compare the characteristics of the organization and formation of municipal authorities, as well as their interaction with state authorities in European federations;
to study the powers of local governments in European federal states and the financial and economic basis for their implementation;
Suggest the main ways to optimize the organization and functioning of local self-government in the Russian Federation, taking into account the studied experience of foreign federal states.
Regulatory legal framework research. The regulatory framework of the dissertation study amounted to international treaties, the participant of which is the Russian Federation (first of all, the European Charter of Local Government of October 15, 1985), the constitutional acts of the Federal States of Europe - the Federal Constitutional Law of Austria of November 10, 1920. "Constitution of the Austrian Republic" , Constitution and Charter of the Federal Lands of the Austrian Republic; Constitution of Belgium of February 17, 1984 (as amended 2007); The main law fee
the German Republic of Germany dated May 23, 1949 and the Constitution of the FRG lands; Constitution of the Russian Federation of December 12, 1993 and the Constitution (Charters) of the constituent entities of the Russian Federation; The Constitution of the Swiss Confederation of April 18, 1999 and the Constitution of Cantons). In preparing the dissertation study, the current editions of the legislation governing the organization and the functioning of the municipal systems of the Federal States of Europe were also used, incl. provisions on the communities of the federal lands of the Austrian Republic; The legislation of the Kingdom of Belgium about the communes, their agglomerations and federations and provinces, Walloon Code of local self-government and decentralization of May 27, 2004; Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation"; legislation on canton communities of the Swiss Confederation; Other regulatory legal acts on the organization of local self-government.
The practice of senior litigation of the bodies of federal states was undergoing a thorough analysis, incl. Feder & the Constitutional Court of the Republic of Austrian Republic, the Court of Cassation of the Kingdom of Belgium, the Federal Constitutional Court of Germany, the Constitutional Court of the Russian Federation, the Federal Court of the Swiss Confederation) in the field of ensuring the supremacy of the constitutional principles of local self-government.
The methodological basis of the dissertation study constitutes general scientific methods of knowledge, including: specifically historical, method of system analysis, structurally functional, method of complex approach and others, as well as a number of privately scientific methods - comparative legal entities, technical and legal, statistical and other methods .
In particular, the specifically historical method was used in the consideration of the development of local government theories, as well as municipal systems in the federal states of Europe; The theoretical and prognostic method manifested itself in preparing recommendations on specific legal practices and bill work.
A feature of the dissertation is the combination of a comparative legal and comprehensive study. These methods were used in conjunction with widely used for knowledge and explanations of the basic laws of the state of non-laws in the requirements of objectivity, comprehensiveness, historicism and the principle of concreteness.
The scientific novelty of the dissertation study is due to the fact that it carried out a comprehensive comparative legal analysis of municipal systems existing in European federal states. The study made it possible to identify common European trends in the development of the concepts of local self-government and the specifics of their implementation in the municipal legislation of these states.
A comparative legal study of the municipal systems of European federations was carried out by the dissertation, the general and special in the organization and functioning of local governments in the federal states of Europe was considered, which in the Russian science of constitutional law were not sufficiently studied. Possible prospects for the development of local self-government in European federations are presented, ways to improve the legislation of the Russian Federation and the subjects of the Federation of local self-government are proposed.
A number of regulatory and empirical sources are introduced into the scientific turnover.
The following provisions and conclusions are made on the defense, containing elements of scientific novelty:
Based on studying the history of the development of theoretical concepts of local self-government in the federal states of Europe, the dissertation comes to the conclusion that the dualistic theory of local self-government dominates in their constitutional legal doctrine, in accordance with which local government, on the one hand, is recognized as a continuation Government government at the local level, and on the other - is a legitimate expressive of the interests of the local community. The embodiment of this theory in the municipal legislation of Austria, Germany and Switzerland made it possible to overcome the opposition of state, public legal and local government began in local self-government and contributed to the successful conduct of municipal reforms in European federations at the end of the XX-early XXI century;
The study of local self-government models, implemented in foreign federal states, made it possible to conclude the dissertation that not only the features of its legal system, but also the state structure and related principles of territorial distribution of power, and related principles of the territorial distribution of powerful powers are significantly influenced by the formation of a municipal system in a particular state. as well as the specificity of the historical development of local self-government, and the state as a whole. The dissertant believes that the federal structure of the state
determines the diversity of organizational forms of local self-government, compliance with their historical and national traditions of local government in multinational states, and also allows to distribute the authority between government agencies of the subjects of the Federation and municipal authorities in accordance with the existing level of financial and economic security of local self-government;
Based on the study of the provisions of the European Charter of the Local Self
Management of 1985 and the peculiarities of their implementation in legislation and law enforcement
the practice of foreign federal states and the Russian Federation dis
SERTANT believes that the Charter does not contain an imperative requirement of building
Single self-government in a single model in all participating States, it is
only tool for harmonization of local government standards with learning
Tom of respect for the national peculiarity of each state.
The dissertation notes the practice of ratifying the European Charter of local self-government with the reservations and adapting the principles of the organization of local government in the domestic legislation of these states and on this basis is concluded that the accession of the Russian Federation to the Charter cannot serve as a substantiation of radical reform. local self-government in the early 90s. XX century, the result was the result in the legislation of the opposition of local self-government and state power;
The dissertation reveals general trends in the development of local self-government in
Federal States that ratify the European Charter of the Local Self
management: a) increase independence of local self-government in decision
local issues; b) expansion of the list of state powers,
who are endowed by local self-government; c) provision of guarantees
International protection to local self-government. On this basis by the dissertation
It is concluded that the implementation of the provisions of the European Charter in the legislation
the law enforcement practice of federated states may later
lead to gradual unification of local government legislation and
Ultimately, the emergence of the common European model of local self-government
;
A comparative legal analysis of the legislation of Austria, Germany and Switzerland on local government shows that in federal states more preferable is the establishment of the foundations of the local
self-government federal constitutions and detailed regulation of local self-government legislation of the subjects of the Federation. This is also evidenced by the transfer of the regions of Belgium in 2001 to the authority to establish the legal status of municipalities and their associations. Thus, a detailed settlement in Russia by federal laws of the order of the organization and functioning of local municipality is clearly redundant for the federal state and does not allow to take into account the peculiarities of the implementation of local self-government in the constituent entities of the Russian Federation;
Based on the study of the experience of reforming the territorial organization
Local government in European federal states, subject
Tant believes possible to establish Russian municipal legislation
Various (including tax, budget) Methods of promoting Malocious
municipalities.
It is also advisable to use the associations of municipalities in the territorial basis (federation and agglomeration of settlements) as a form of promoting the consolidation of municipalities;
Comparative legal analysis of local government legislation and
The practices of its use in the federal states of Europe allowed to identify a number
positive moments, the introduction of which in the Russian legal system is allowed
Lit improve the legislation of the Russian Federation on the local itself
management;
a) the experience of implementing the institutions of direct democracy (such as places
imperative and advisory referendum, gathering citizens, folk right
Creative initiative) in local self-government Switzerland can be useful
For Russian local self-government, which will contribute to attracting
local population to solve local issues, as well as approval
municipalities as independent subjects of constitutional law
va;
b) it seems possible following the example of Austria, Germany and Switzerland
Russian municipalities of law on appealing to the bodies
Justice of federal laws and legislative acts of the subjects of Russia
Federation, violating local governments, enshrined in con
RF standing;
c) when determining the organizational forms of the implementation of the local self
Management in the cities of federal significance it is possible to use the experience of organizing
local governments in Vienna, where the same authorities carry out the functions of local governments and state authorities of the subject of the Federation.
The theoretical and practical significance of the dissertation study is determined by its novelty and contained generalizations, conclusions and suggestions that can be used by law-conducting and law enforcement authorities in the improvement of the municipal system of the Russian Federation.
Materials, conclusions and provisions of the dissertation work can also be used in the process of teaching courses "Constitutional law of the Russian Federation", "Municipal Law of the Russian Federation", "Constitutional (state) law of foreign countries".
Approbation of the dissertation research results. The provisions and conclusions of the dissertation study were discussed and approved at meetings of the subject and methodological commission and the Department of State Construction and the Rights of the Russian Academy of Public Service under the President of the Russian Federation. The main results of the dissertation study are reflected in the scientific publications of the dissertation.
Structure of work. The thesis consists of administration, two chapters, including seven paragraphs, conclusions, a list of used regulatory sources and scientific literature.
Presumably, Levin Sergey Alekseevich is the head of the companies whose list you see below. The data are also managed by different people With similar names and surnames. This information was obtained on the basis of an analysis by an analysis, it may be obsolete and does not violate 152-FZ "On Personal Data" under Art. 6 129-FZ "On state registration of legal entities and individual entrepreneurs."
LLC "Company of Fuel Resources" Paritet-2000 "
Limited Liability Company "Company of Fuel Resources" Paritet-2000 "
Region: Moscow
Address: 113447, Moscow, ul. Large Cheremushkinskaya, d. 10, Corp. one
Activities:
- . Wholesale trade, including trading through agents, except for trade in motor vehicles and motorcycles;
- . Wholesale trade through agents (for a fee or on a contractual basis);
- . Film production;
LLC "LUVIS"
Limited Liability Company "Lihvis"
Region: Samara region
Address: 443029, Samara, ul. Sunny, d. 5
Public Trade Enterprises
LLC "Teplostar"
Limited Liability Company "Teplostar"
Region: St. Petersburg
Address: 198504, St. Petersburg, Peterhof, ul. Chebyshevskaya, 5, Corp. 1, square. 35.
