Forms of direct democracy in local government. Coursework: Forms of direct democracy in the implementation of local self-government

26.08.2019

Forms of direct democracy in local self-government are “ways and means for residents of municipalities to implement issues of local importance without using any municipal authorities or officials as intermediate links and without them receiving authority” (however, it is worth noting that many organizational issues cannot be resolved without the participation of relevant bodies and officials).

In the Federal Law of October 6, 2003 No. 131-FZ “On general principles organization of local self-government in the Russian Federation”, Chapter 5 “Forms of direct implementation of local self-government by the population and participation of the population in the implementation of local self-government” is devoted to forms of direct democracy. Federal Law of 06.10.2003 No. 131-FZ (as amended on 28.12.2013) “On the general principles of organizing local self-government in the Russian Federation” // SPS “ConsultantPlus” Chapter 5 of the above Federal Law provides for the following forms: “local referendum, municipal elections, voting on the recall of a deputy, a member of an elected body of local government, an elected official of local government, voting on issues of changing the boundaries of a municipal entity, transforming a municipal entity, a gathering of citizens exercising powers representative body municipal formation, citizens' meeting, law-making initiative of citizens, territorial public self-government, public hearings, citizens' meeting, citizens' conference (meeting of delegates), citizen survey, citizens' appeals to local government bodies, as well as other forms of direct implementation by the population of local self-government and participation in it implementation."

Direct democracy presupposes the independence of the people in resolving issues of public importance. At one time, local self-government represents “logically brought to a certain level and legally formalized independence of the people in resolving issues of public importance.” In direct democracy at the level of local self-government, the subject and object of management coincide, because the subject is the population of the municipality, as well as the object. That is, “the population of the municipality governs itself, independently resolves issues of local importance.” Garkavchenko O.Yu. Direct democracy as a form of local self-government: some theoretical issues // Public administration. 2012. № 35.

A person can enter into management relations related to participation in local self-government through direct expression of will, primarily as a member of a certain association-electoral corps, a meeting of citizens at the place of residence, an initiative group for the early recall of a deputy or an elected official. At the same time, a person can act in management relations directly as an individual, exercising, for example, the right to contact a local government body with a proposal to improve its activities, participating in the discussion of a draft decision of a representative body of local government, etc. So, the primary person subject of direct democracy in the system of local self-government. Secondary subjects are collective subjects: the electoral corps of the municipality, meetings of citizens at the place of residence, initiative groups of citizens in connection with filing petitions, raising the issue of recalling an official or member of an elected body of local government. Local self-government bodies cannot be considered as subjects of direct democracy, because otherwise they will replace the content of the will of the population and will reduce the role of the population in this process only to participation in the resolution of local issues by local self-government bodies. However, the role of the relevant bodies and officials is of a secondary nature; they only ensure freedom of expression of the population. It is correct to consider local government bodies as subjects of legal relations that arise in the implementation of direct democracy. The peculiarity of the legal status of bodies and officials of municipalities is that they do not have the right to determine the content of the will of citizens when using forms of direct democracy. Thus, the only subject of direct democracy at the municipal level is the population of municipalities. In addition, this is consistent with the constitutional concept of local self-government, because in accordance with the Constitution of the Russian Federation and federal legislation, the population of municipalities is a subject of local self-government. Garkavchenko O.Yu. Direct democracy as a form of local self-government: some theoretical issues // Public Administration. 2012. No. 35.

Direct democracy manifests itself in different ways. There are simple and transparent forms, such as meetings and gatherings. Such forms require minimal involvement of various bodies and officials for their organization. There are forms, the organization of which requires significant efforts and, accordingly, the involvement of bodies and officials of the relevant municipality to a greater extent than for simple forms of direct democracy.

Regardless of the involvement of the relevant bodies and officials, they play a secondary role, since they only ensure the expression of the will of the population, create for this only certain conditions (informational, material, organizational, etc.), without replacing it with their actions. Thanks to this, the principle of self-organization by the population is realized, i.e. the people are both the subject and the object of power.

Some scientists divide the forms of direct democracy into imperative and consultative, while others also distinguish regulatory forms. It seems more correct to divide the forms of direct democracy in local self-government into imperative and non-imperative. The division into imperative and consultative forms applies to a greater extent to the referendum, but it is not correct to transfer this division to other forms of direct democracy.

The variety of forms of direct democracy in local self-government in itself does not mean their availability to the population. In practice, in the vast majority of municipalities, only such a form of direct democracy as municipal elections is actually used. Federal Law No. 131-FZ of October 6, 2003 “On the general principles of organizing local self-government in the Russian Federation” also provides for other forms as mandatory forms (public hearings, voting on issues of changing the boundaries of a municipal entity, transformation of a municipal entity). Thus, the legislator’s policy, which was aimed at expanding citizen participation in the work of municipalities, cannot be underestimated.

As for public hearings, I would like to note a problem such as the confusion of public hearings with other direct and representative forms of democracy, for example, with parliamentary hearings. Deputy hearings are a special form of activity of the representative body of a municipality; they have a different procedure from public hearings, as well as a different nature decisions taken at the end of the hearing, and therefore cannot be analogous to public hearings. Due to a lack of understanding of this, many mistakes are made by law enforcement officials.

Analysis theoretical issues, the study of factors that hinder the development of direct democracy can create an objective basis for improvement legal regulation direct democracy at the local level, which is a necessary condition progressive development of local self-government in our country. In order for the institutions of direct democracy to develop intensively, it is necessary to expand political participation its subjects in resolving issues of local importance. If the subjects themselves are not active, the ranks of people who are actually interested and directly involved in the implementation of local self-government are not replenished, and if they do not try to increase the effectiveness of their participation, then all the institutions of direct democracy will not be actively used in practice, they will remain only forms of direct democracy in local self-government, provided for by Russian legislation. The forms enshrined in legislation will characterize only potential, not real opportunities. It is necessary not only to theoretically understand these problems, but also to solve them practically, which requires the active participation of every citizen.

Democracy is the most complex and multi-valued form of government. The term "democracy" originated in antiquity and became the most widespread in political science. It was first used in a translation of Aristotle's Politics in 1260. Disputes about the meaning of the concept of “democracy” have not ceased from then to the present day.

In political science, generally accepted ideas have not yet been developed that would allow us to formulate a clear definition of democracy. Various authors highlight individual components of democracy, such as majority rule or separation of powers. Therefore, democracy is interpreted in several senses:

1) broadly, as a social system based on the voluntariness of all forms of individual life activity;
2) more narrowly, as a form of state in which all citizens have equal rights to power;
3) ideal model social order, as a certain worldview that is based on the values of freedom, equality, and human rights.

Simultaneously with the development human society The concept of “democracy” also evolved. The main stages in understanding democracy:

1) The works of Aristotle speak of the ancient tradition in the understanding of democracy - ethical. It dates back to the 5th century BC. Democracy was considered as a state structure - direct rule of citizens in small cities. It was based on human virtue and was of a census nature, and decisions were made by a majority of equal and free citizens;
2) The classical concept of democracy is legal. Its author is A. Tocqueville. It developed during the formation of national states, which were larger in territory than small cities. New stage The development of the concept of democracy began with the Great French Revolution 1789. Democracy began to be seen as a direction of social thought that shapes the goals of a socio-political movement that rejects monarchy and elitism. Democracy has acquired the character of representative government, which is elected by wealthy citizens.

Due to the fact that the original meaning of democracy as sovereignty of the people differed significantly from the variety of practical forms of its implementation in modern societies, confusion arose in the understanding of this term.

Six different theories of democracy can be distinguished:

1) Liberal theory, which we can learn about in the works of Alexis De Tocqueville "Democracy in America". Democracy is seen as responsible and competent government. The source of power is the people, who express their will through their representatives, who have received certain period his powers. The relationship between the people and their representatives is enshrined in the constitution;
2) The theory of direct democracy, one of the authors of which is J. - J. Rousseau. It denies the principle of representativeness. Democracy is the direct rule of the people capable of expressing their united will. It is the basis for the activities of governments and the drafting of laws;
3) The theory of pluralistic democracy. Its supporters, one of whom was G. Laski, deny the existence of a unified will of the people as the basis for the activities of government. This theory is based on the balance of political forces, which excludes the actions of one ruling group in its own personal interests;
4) Elite theory of democracy. One of its supporters is J. Schumpeter. Since there is no rational behavior of an individual when voting or making decisions, and there is no binding concept of the common good, it is necessary political division labor. The requirements of democracy concern only the methods of forming institutions of power;
5) According to Carol Pateman, in the parsipatory theory of democracy there is no principle of division of political labor. Personal self-determination is considered as a right to full political participation throughout society and in its various spheres;
6) Vladimir Ilyich Lenin was an adherent of the theory of socialist democracy. In his opinion, democracy is a form of class domination. Two traditions developed within this theory. In the orthodox concept, individual rights and freedoms are sacrificed to the interests of society. And reformist theory understands democracy as a certain form of compromise, an agreement between heterogeneous forces, confirming that the goals of society change as the living conditions of society change.

Political practice allows us to identify a number of common features modern democracies:

1) Generally accepted legality;
2) Competing politics;
3) Presence of political parties;
4) Civil, political and social rights.

Being vulnerable in changing conditions, democracy as a complex form of relationship between government and citizens seems to be quite effective in highly organized, pluralistic and stable societies.

Thus, democracy is the most complex form of government, about the origin and basic idea of which there are many different theories.

The second concept under consideration is “local self-government”. In order to understand what it is, it is necessary to define the concepts of “management” and “self-government”.

According to R.V. Babun, control is an external influence coming into the system from outside, and self-government is an internal influence that is generated by the system itself.

In the Russian Federation, as a democratic state, local self-government is recognized and guaranteed. It is independent within the limits of its powers, and local government bodies are not included in the system state power.

Based on this, local government is the level of public authority that is closest to the population, is elected by the population and has significant autonomy and independence in resolving issues of local life.

Professor L.A. Melikhov, the founder of Russian municipal science, indicated the main features of local government that distinguish it from state power. Such signs, in his opinion, include:

difference in the nature of power. Local self-government is a subordinate authority, acting in the manner and within the limits specified to it by the supreme authority;

delimitation of areas of competence. The range of affairs provided to local government is limited;

independent sources of funds. Local self-government is provided with certain and limited means to carry out its tasks, which allows us to speak of local self-government as a special subject of rights;

territorially limited electoral principle.

There are three theories of local government: public theory, state theory and state-public theory.

Social theory, previously called the “theory of a free community,” is based on a clear distinction between state and community affairs. One of the supporters of this theory was N.I. Lazarevsky. He believed that the community is inviolable for the state. The founders of the theory believed that to the three branches of constitutional power it was necessary to add a fourth - communal power. The state does not have the right to interfere in the internal affairs of the community; it must only ensure that the community observes the laws of the state and does not go beyond its powers.

Depending on which aspect of the local community's independence from the state comes to the fore, there are three varieties of public theory of self-government.

economic theory: the functions of self-government are strictly economic. This justifies the economic independence of the community (commune) and the lack of supervision over its activities by the state;

legal theory: local governments are bodies of the community, not the state, therefore, as opposed to government-appointed bodies, elected local governments are necessary;

political theory: self-government lies in the independence of citizens who have not entered public service and are therefore free to express their will.

All these varieties agree on one thing - the distinction between community and state affairs.

State theory considers local self-government as part of the state structure and proceeds from the impossibility of distinguishing between state and community affairs. According to I.I. Lazarevsky, local government bodies should be included in the public administration system.

According to this theory, community affairs are part of state affairs, which are transferred to the localities for execution; the state is the source of communal power; any administration of a public nature is a state matter, therefore the community is not separated from the state, but serves its goals and interests. Local authorities were based on this theory during the Soviet period.

But most modern scientists adhere to a dualistic, state-public theory of local self-government. It assumes that the local community carries out not only local affairs that do not require government intervention and control, but also a certain range of matters of national importance. The relationship between the affairs of local and state levels in local government in different countries V different periods times may vary.

In addition to the difference between local self-government and local government, it is necessary to highlight the difference between local self-government and self-government in public organizations. A member of a public organization who does not wish to comply with its statutory provisions and requirements may leave it or be expelled. A resident of a settlement cannot be expelled, so he must be forced to comply with general rules and procedures established by local government. For such coercion to be possible, local government bodies must have authority, which is received from the population that elected them and enshrined by the state in its legislation.

According to the law "On the general principles of organizing local self-government in the Russian Federation":

1) Local self-government constitutes one of the foundations of the constitutional system of the Russian Federation; it is recognized, guaranteed and implemented throughout the Russian Federation.
2) Local self-government in the Russian Federation is a form of exercise by the people of their power, ensuring, within the limits established by the Constitution of the Russian Federation, federal laws, and in cases established by federal laws, laws of constituent entities of the Russian Federation, independent and under their own responsibility decision by the population directly and (or ) through local government bodies on issues of local importance based on the interests of the population, taking into account historical and other local traditions.

In our opinion, the most complete list of the basic principles of the organization of local self-government is given by O.E. Kutafin. and Fadeev V.I. :

independence of the population in resolving issues of local importance;

organizational isolation of local government bodies in the state government system and interaction with government bodies in the implementation of common tasks and functions;

compliance with the powers of financial and material resources of local government;

responsibility of local government bodies and officials to the population;

variety of organizational forms of local self-government;

respect for human and civil rights and freedoms;

legality in the organization and activities of local government;

transparency of local government activities;

a combination of collegiality and unity of command in the activities of local government;

state guarantee in the activities of local government.

So, we believe that local self-government is the basis of democracy. In every country public policy determines the main directions of legislation and law enforcement practice. If the opinions of citizens are not taken into account when making decisions at the state level, then such local democracy cannot be called effective. The effectiveness of government policy directly depends on how successfully local specifics are taken into account when making decisions and to what extent citizens have the opportunity to influence state and local affairs.

Collection output:

FORMS OF DIRECT DEMOCRACY IN LOCAL GOVERNMENT: PROBLEMS OF THEORY AND PRACTICE

Abdullina Sabina Indusovna

student of Bashkir State University, Russian Federation, Republic of Bashkortostan, Ufa

E- mail: violet94 junk@ rambler. ru

Aminov Ildar Rinatovich

Ph.D. legal Sciences, Associate Professor, Bashkir State University, Russian Federation,Republic of Bashkortostan,Ufa

FORMS OF DIRECT DEMOCRACY IN LOCAL GOVERNMENT: PROBLEMS OF THEORY AND PRACTICE

Abdullina Sabina Indusovna

student of Bashkir State University, Russia, Republic of Bashkortostan, Ufa

AminovIldarRinatovich

candidate of Juridical Science, docent of Bashkir State University, Russia, Republic of Bashkortostan, Ufa

ANNOTATION

This article examines the problems of direct democracy in local government. Particular attention is paid to the subjects of direct democracy, as well as the classification of its forms. A distinction is made between such separate forms of direct democracy as parliamentary and public hearings. The application of federal legislation in practice is analyzed.

ABSTRACT

The problems of direct democracy in local government were examined in this article. The special attention is paid on subjects of direct democracy and on classification of its forms. The distinction of such single forms of direct democracy as deputy and public hearings were also adduce. The application of norms of federal legislation was analyzed in practice.

Keywords: direct democracy; local government; parliamentary hearings; municipal elections; public hearings.

Keywords: direct democracy local government; deputy's hearing; municipal election public hearing.

To begin with, we need to define the very concept of forms of direct democracy in local self-government. Etymologically, it is democracy without intermediaries, i.e. it is the participation of the population without elected representatives, relevant bodies or officials. With the help of the institutions of direct democracy, the population is as close as possible to the exercise of power.

In the Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” Chapter 5, “Forms of direct exercise by the population of local self-government and participation of the population in the implementation of local self-government,” is devoted to forms of direct democracy. Chapter 5 of the above Federal Law provides for the following forms: “local referendum, municipal elections, voting on the recall of a deputy, a member of an elected body of local government, an elected official of local government, voting on issues of changing the boundaries of a municipal entity, transformation of a municipal entity, a gathering of citizens, exercising the powers of a representative body of a municipality, a citizens' meeting, a law-making initiative of citizens, territorial public self-government, public hearings, a meeting of citizens, a citizens' conference (meeting of delegates), a survey of citizens, citizens' appeals to local government bodies, as well as other forms of direct implementation by the population of local self-government and participation in its implementation."

Direct democracy presupposes the independence of the people in resolving issues of public importance. At one time, local self-government represents “logically brought to a certain level and legally formalized independence of the people in resolving issues of public importance.” In direct democracy at the level of local self-government, the subject and object of management coincide, because the subject is the population of the municipality, as well as the object. That is, “the population of a municipality governs itself, independently resolves issues of local importance.”

The variety of forms of direct democracy in local self-government in itself does not mean their availability to the population. In practice, in the vast majority of municipalities, only such a form of direct democracy as municipal elections is actually used. According to A.A. Sergeev “other forms of direct democracy are not mandatory and are rarely used.” However, the Federal Law of October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation” also provides for other forms as mandatory forms (public hearings, voting on issues of changing the boundaries of a municipal entity, transformation of a municipal entity). Thus Thus, one cannot underestimate the policy of the legislator, which was aimed at expanding the participation of citizens in the work of municipalities.

As for public hearings, I would like to note a problem such as the confusion of public hearings with other direct and representative forms of democracy, for example, with parliamentary hearings. Deputy hearings are a special form of activity of the representative body of a municipality; they have a different procedure from public hearings, as well as a different nature of the decisions made at the end of the hearing, and therefore cannot be an analogue of public hearings. Due to a lack of understanding of this, many mistakes are made by law enforcement officials.

Analysis of theoretical issues, study of factors that impede the development of direct democracy can create an objective basis for improving the legal regulation of direct democracy at the local level, which is a necessary condition for the progressive development of local self-government in our country. In order for the institutions of direct democracy to develop intensively, it is necessary to expand the political participation of its subjects in resolving issues of local importance. If the subjects themselves are not active, the ranks of people who are actually interested and directly involved in the implementation of local self-government are not replenished, and if they do not try to increase the effectiveness of their participation, then all the institutions of direct democracy will not be actively used in practice, they will remain only forms of direct democracy in local self-government, provided for by Russian legislation. The forms enshrined in legislation will characterize only potential, not real opportunities. It is necessary not only to theoretically understand these problems, but also to solve them practically, which requires the active participation of every citizen.

Bibliography:

Avakyan S.A. Constitutional law of Russia. T. 1. M.: Yurist, 2005. - 719 p.
Garkavchenko O.Yu. Direct democracy as a form of local self-government: some theoretical issues // Public Administration. 2012. No. 35.
Komarova A.V. Mechanism of direct democracy modern Russia(system and procedures). M.: Formula of Law, 2006. - 560 p.
Kostyukov A.N. Municipal law. M.: Unity-Dana, 2011. - 687 p.
Rulemaking in Russian municipalities: content, technology, efficiency: Collection of articles / Ed. V.M. Baranova. Nizhny Novgorod, 2002. - 298 p.
Sergeev A.A. Local self-government in the Russian Federation: problems of legal regulation. M.: Prospekt, 2006. - 432 p.
Federal Law of October 6, 2003 No. 131-FZ (as amended on December 28, 2013) “On the general principles of organizing local self-government in the Russian Federation.” SPS "ConsultantPlus". [Electronic resource] - Access mode. - URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=156906;dst=0;ts=9A5CCBDB35CF552DF5EC2D981371A1C0;rnd=0.8254097048193216 (date of access: 02.05. 2014).

The entry of local self-government into the system of democracy reflects the most important priorities of the constitutional and legal policy of the Russian Federation, aimed at the development of institutions civil society and a democratic rule of law state. Recognition of local self-government as “one of the fundamental principles Russian system democracy" is determined by the fact that it acts as a way of life of the local community, associated with the formation of a certain political consciousness and the satisfaction of specific public legal interests of the population of the municipality.

Debates about the essence of democracy have been going on for centuries. According to some authors, there is no generally accepted definition or clear concept of democracy. Others claim that for the beginning of the 21st century, this concept is generally outdated and requires revision, taking into account the actual behavior of individuals and achievements in economic and technological development.

An important issue is the relationship between democracy and local self-government. Historically, there have been three different views on the relationship between local government and democracy. The first viewed self-government as a carefully guarded tradition that was in conflict with democratic principles. According to the second principles of democracy - majority rule, egalitarianism and general standards for everyone - cannot be adapted to the needs of local government. Thus, the concept of democracy does not include local self-government; moreover, these concepts contradict each other. The third point of view insists on the necessary connection between democracy and local self-government.

Supporting the latter position, we present a number of common features that are characteristic of both democracy and local self-government, which are forms of exercise of public power. D.Yu. Shapsugov notes that self-government is one of two components through which democracy is realized. Most forms of local government operate on the basis of principles common to democracy, such as freedom and equality. The development of both democracy and local self-government is determined by the breadth of application of the principles of election, the activity of the system of representative bodies and the functioning of the institutions of direct democracy.

Various aspects of the interpretation of the phenomenon of democracy indicate its many manifestations and qualities. Hence the existence of different definitions of this concept. Some authors saw democracy as a state phenomenon, others spoke about its two systems - state and public; still others recognized the possibility only of political democracy; fourth - non-political. There are characteristics of democracy as a political relationship, or a socio-political relationship, or a socio-political movement, a method of organizing and functioning of politics. Some authors use the terms democracy and democracy as synonyms, others distinguish between these concepts.

We believe that the concept of democracy, being multidimensional, can be characterized from different sides. The main thing is that it is necessary to determine the constant and most essential generic features of democracy, characterizing its relationship with the state, state power, the political system of society, and local self-government. Within the framework of this article, touching to one degree or another on various institutions of democracy, we will focus primarily on its characterization as a general principle of the constitutional system and the most important right of citizens to exercise local self-government. The main methodological position in this case will be the concept of the inseparability of democracy from genuine democracy, which is the dominant element that determines the content of democracy and determines all forms of its manifestation.

If we turn to the concept of “democracy”, then each of its two definitions - “people” and “power” - is a complex phenomenon. From a legal point of view, the concept of “people” is identified with the concept of “citizens” and is defined as belonging to an associated single state a collection of people. Power is a social phenomenon. It appears along with the emergence of society and exists in every society, since every society requires control, ensured by various means, including coercion.

It is known that state power is not the only form of power of the people. The most important form of its implementation is also the direct expression of the will of citizens, carried out on different levels. One of these levels is local government.

Taking into account the centuries-old experience of state building in Russia, the Constitution of the Russian Federation, adopted during a referendum on December 12, 1993, enshrines in Art. 3 provision that the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people. This means that Russia is proclaimed a state of democracy, that is, a democratic state. As rightly noted by V.T. Kabyshev: “The sovereignty of the multinational people of Russia is not the arithmetic sum of the will of the population of each of its subjects, but an essential characteristic, meaning that the will of the people is universal, constant, it covers all spheres of society without exception.”

Recognition of the people as the supreme bearer of all power is an expression of popular sovereignty, which should mean that the people, without sharing their power with anyone, exercise it independently and independently of any other social forces or corporations, use it exclusively in their own own interests.

Back in the middle of the 18th century. famous Russian democrat A.N. Radishchev put the principles of popular sovereignty first. He wrote that “the conciliar power of the people is the original, and therefore the highest, united, the composition of society is capable of founding or destroying, that the people entrust the exercise of power to one person or many, and that the user of the people’s power issues laws, but no law can prescribe either the path or limit to the conciliar action of the people."

The will of the people is the only basis democratic state, from it comes the mandate for the structure of state power and any changes in its form. Under democracy, the exercise of power is constituted, legitimized and controlled by the people, that is, by the citizens of the state, since power appears in the forms of self-determination and self-government of the people, in which all citizens can participate on equal terms. In other words, the people of the Russian Federation exercise their power both directly and through state authorities and local governments.

Thus, depending on the form of expression of the will of the people, we can distinguish representative and direct democracy, which is also represented at the level of local government. Moreover, one cannot talk about the priority of one form or another of democracy, since they are equally important for the implementation of democracy. But, in our opinion, the implementation of these forms of democracy is particularly effective at the local level, since it carries great potential to reflect the interests of the local community.

Covering almost all aspects of the democratic organization of life of the population, local self-government makes it possible to rationally decentralize and deconcentrate many functions of state power, transfer decision-making on all issues of local life to the municipality, thereby stimulating the activity of citizens and ensuring their real involvement in such decisions. It is no coincidence that A.I. Solzhenitsyn wrote: “Without properly established local self-government there cannot be a decent life, and the very concept of “civil freedom” loses its meaning.”

The institution of representation in the system of local self-government is the exercise by the population of a municipality of the power that belongs to them through elected authorized representatives who make decisions expressing their will, that is, all residents living in a certain territory. Elected representation is the most important means of ensuring genuine democracy, because it is formed by local government bodies elected by the population.

Soviet legal science was based on the postulate of the priority of representative democracy. With the widespread development of direct democracy, representative democracy retained its importance as the leading form of implementation of socialist democracy. Despite the fact that the Constitution of the RSFSR of 1978 provided for the possibility of exercising self-government in such direct forms as meetings (gatherings) of citizens and referendums, this basic norm was largely formal.

The modern concept of democracy, on the contrary, is based on a reasonable combination of both forms of democracy. Through direct democracy, the representative form receives legal authority from the people to exercise state power, that is, it is constituted.

In the science of constitutional law, there are different approaches to defining the category of “direct democracy”.

So, N.P. Farberov understood direct democracy as “the direct expression of the will of the people in the development and adoption of government decisions, as well as their direct participation in implementing these decisions, in the exercise of popular control.”

G.H. Shakhnazarov views direct democracy as an order in which decisions are made on the basis of the direct and specific expression of the will of all citizens.

V.T. Kabyshev believes that direct democracy is the direct participation of citizens in the exercise of power in the development, adoption and implementation of government decisions.

All these authors, of course, are united by the fact that they talk about the participation of the people exclusively in governance state affairs, while neglecting the life of the local community. This was explained primarily by the absence of real self-government principles in Soviet construction of that period.

In our opinion, the most accurate approach to defining the essence of direct democracy was Yu.A. Dmitriev, considering it as social relations that arise in the process of solving certain issues of state and public life. He identified three main groups of forms of direct expression of the will of citizens. Firstly, a referendum, elections, general meetings population, characterizing the imperative function of direct democracy. Secondly, rallies, processions, demonstrations, picketing as a tool for comparing the will of the people and the government body they form, performing a regulatory function. Thirdly, people's initiative, the activities of political parties, the recall of an elected people's representative, combining both of these functions of the people's will.

The advantages of direct democracy lie mainly in the fact that it ensures the most complete participation of the people in the management of public life, minimizes the alienation of the people from the institutions of power, and strengthens the legitimacy of the latter. However, direct democracy also has significant disadvantages: low efficiency and insufficient competence of the decisions it makes, which is explained by the lack of sufficient knowledge among the population about the subject of the decisions being made; reduction of personal responsibility for the consequences of publicly adopted decisions; complex organizational and technical support and high financial costs; greater exposure to unexpected, unpredictable factors.

But, despite these shortcomings, at present, when considering the significance of direct democracy as a form of democracy, one should proceed from the fact that, firstly, the constitutional norms enshrine the priority of the individual in society and the state, since it is the individual and the citizen who represent the highest social value (Article 2 of the Constitution of the Russian Federation). This does not exclude the value of the state itself, but the priority hierarchy reflects the strategic links of the constitutional concept of state building. Secondly, the development of democracy requires the constant development of initiative and independence of citizens, strengthening their decisive will in all processes of economic and political development. Thirdly, representative bodies should not be opposed to the direct participation of the population in the development and adoption of decisions. Both representative and direct democracy represent the unity of the corresponding public legal institutions and are in close interaction. Fourthly, direct democracy covers all spheres and levels of social development - from the activities of state bodies to local self-government.

In our opinion, only direct democracy ensures the fullest participation of the population in government and creates conditions for the development of civil society institutions.

At the local level, institutions of direct democracy are forms of direct expression of the will of the entire population of a municipality or any of its groups, based on the inevitable interaction of residents of this territory. Thus, it can be argued that the very nature of self-government is more consistent with forms of direct democracy (referendum, elections, gatherings, appeals, etc.), which involve the direct participation of citizens in the decision-making process, often final ones, which, of course, does not detract the role and importance of specially authorized bodies to which the population of the municipality entrusts the right to resolve issues of local importance.

Therefore, local self-government, elevated to a constitutional level, helps to strengthen democratic principles. In Art. 130 of the Constitution of the Russian Federation establishes that local self-government in the Russian Federation ensures that the population independently resolves issues of local importance. This right can be considered in two ways - both the individual right to independently resolve issues of local importance, and the derived collective right of the population of a municipality to choose the optimal model for organizing local government in the territory of residence: “the population itself (the principle of independence) determines the feasible range of tasks it solves (principle of self-sufficiency) and makes the necessary efforts to solve them (principle of self-sufficiency).”

Analyzing the institutions of direct democracy at the local level, it can be noted that the Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation” made significant additions to the main forms of direct democracy in comparison with the similar federal law of 1995 d. The provisions of these federal laws can be clearly presented in the following table:

democracy self-government power representation

Forms of direct democracy in the system of local self-government should be understood as groups of relations that develop between residents of a municipality, on the one hand, and local government bodies and officials, as well as government bodies, on the other, during elections, local referendums, gatherings, meetings , conferences, surveys, public hearings, rallies, demonstrations, etc.

All forms of direct democracy constitute the social basis of local self-government and in this regard are constituent elements institutions of municipal law. In any case, one of the parties in direct democracy is citizens, residents of the municipality.

As a result of the use of the forms indicated in the laws, by expressing their will, citizens exercise their power and form bodies, which then also exercise power functions. Hence, social basis is mainly revealed through forms of direct democracy, which will be discussed further.

Local referendum

For the first time in our country, the term “local referendum” as an element of the local government system received legislative consolidation in Art. 2 of the USSR Law “On the General Principles of Local Self-Government and Local Economy in the USSR.” Then he found confirmation in Art. 2 of the Law of the Russian Federation “On local self-government in the Russian Federation”.

The concept of “referendum” (from Latin referendum) is a direct expression of the will of citizens, carried out by voting on various important issues of public life. Referendums in scale can be national, covering the entire country, or local, spreading over a certain part of the territory.

The will of the entire people is expressed in the decision critical issues public life in national referendums. Citizens living on the territory of a municipality express their will through a local referendum. It should be noted that the scope of powers of referendums varies. Thus, at a national referendum in 1993, the multinational people of Russia adopted the Constitution of the country. Only the people of the entire country have the right to solve this problem. As for local referendums, they are of a local nature and are limited to solving problems of local importance.

Legislation uses various definitions the concept of “local referendum”.

The Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” (1995) (Article 2) defines a local referendum as a vote of citizens on issues of local importance. Here, the range of influence of the referendum is limited to issues of local importance. However, the word “important” is not used, as in the previous Law.

The Law “On General Principles of Organization of Local Self-Government in the Russian Federation” (2003) does not define the concept of “local referendum”.

The institution of local referendum, like other forms of local self-government, has distinctive features.

The first sign is the direct exercise of power by citizens. Power is exercised in in this case by direct expression of will through voting. Moreover, every citizen who has the right to a decisive vote participates in the referendum in person.

The second sign is that only those citizens who live in the territory of a given municipality take part in the referendum.

The third sign indicates the locality of the territory where the local referendum is being held.

The fourth feature limits the sphere of influence of the referendum to issues of local importance. For the legislation on local referendums and local self-government directly indicates that issues of local importance are decided or discussed (consultative referendum) at local referendums.

Taking into account the distinctive features of a local referendum as one of the institutions for implementing the principle of democracy, we can give the following definition.

A local referendum is a direct expression of the will of citizens living within the boundaries of a municipality, carried out within a municipality through voting, to decide (mandatory referendum) or discuss (advisory referendum) issues of local importance within the competence of local government, which is carried out in accordance with the Constitution of the Russian Federation. Federation, federal laws, laws, charters of municipalities.

Types of local referendums. Local referendums can be divided into two groups: mandatory and advisory.

A mandatory referendum should be understood as a local referendum, the result of which is a decision that is binding on all subjects of municipal legal relations, i.e., the decision of citizens made in a referendum is binding. This norm is enshrined in the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.”

In accordance with Art. 61 of this Law, “a decision made at a referendum in the Russian Federation is binding and does not require additional approval.”

A consultative referendum, along with a mandatory one, is not so widespread.

The Constitution of the Russian Federation provides for such a form of local self-government as taking into account the opinions of the population. In accordance with Part 2 of Art. 131 of the Constitution, “changes in the boundaries of territories in which local self-government is exercised are permitted taking into account the opinion of the population of the relevant territories.” It is practically impossible to ensure an objective consideration of opinions within, for example, an urban district or a city with regional divisions without holding a consultative referendum. It is almost impossible to hold gatherings and meetings of citizens in an area with a population of 100 thousand or more people. As for sociological surveys, they cannot always be used to organize management in relatively large municipalities. In addition, this is a selective form of taking into account opinions. All citizens living within the municipality have the right to local self-government equally.

Federal legislation does not provide for the holding of consultative referendums at the local level. However, it does not prohibit them.

Principles of holding referendums. The principles for holding local referendums are established in the Federal Law “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.” A citizen of the Russian Federation participates in a referendum on the basis of universal, equal and direct expression of will by secret ballot. Citizen participation in a referendum is free and voluntary. No one has the right to influence citizens in order to force them to participate or not participate in referendums, as well as to influence their free will. The law provides all citizens with an equal right to participate in a referendum. The Law takes into account the principles of transparency and legality.

These principles determine the democratic nature of holding a local referendum and referendums in general. Similar principles are enshrined in the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, in the laws on local self-government, and on local referendums of the constituent entities of the Russian Federation. Besides, in general view they are reflected in the constitutions of republics, charters of territories, regions, autonomous region, autonomous okrugs. A comparative analysis of the principles established by federal laws and the legislation of the constituent entities of the Russian Federation indicates their uniformity.

There are two ways to consolidate the principles of preparation and conduct of local referendums in the legislation. In laws on local self-government they are usually contained in articles on local referendums. In special laws on local referendums, they are separated into independent articles or placed throughout the text of the law. Let's look at each principle separately.

1. The right of citizens to participate in a local referendum is enshrined in current legislation. In accordance with Art. 4 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” citizens of the Russian Federation who have reached the age of 18 years have the right to vote in a local referendum, to participate in other actions provided for by law and carried out by legal methods in preparation for a referendum. At the same time, a citizen can participate in a local referendum regardless of gender, race, nationality, language, origin, property and official status, attitude to religion, beliefs, or membership in public associations.

Citizens who have been sentenced to imprisonment by a court do not have the right to participate in a local referendum.

2. Direct participation of citizens in the referendum. This principle is enshrined in Part 1 of Art. 22 of the said Federal Law. In accordance with this article, “citizens participate directly in a local referendum.” This norm establishes a mechanism for direct expression of will, which gives every citizen the right to participate in all activities for the preparation and conduct of a local referendum in person. Everyone expresses their will independently, making one or another decision during, for example, voting. Citizens act not through any created bodies or formed congresses or conferences, but independently.

The principle of direct participation of citizens in local referendums is provided for in the laws on local referendums, on local self-government of the constituent entities of the Russian Federation that adopted these laws, and in the charters of municipalities. This principle, as a form of expression of the power of a community of citizens, is based on constitutional norms on democracy and, therefore, provides the highest authority for decisions made in a local referendum.

Development constitutional principle on the direct participation of citizens in the exercise of power at all levels, including in the system of local self-government, will naturally contribute to the development of citizens’ initiatives and the activation of their positions in building civil society. The direct participation of citizens in a local referendum allows them to understand the results of their own decisions on certain issues of local life, and develops interest in the problems of local life and the development of the territory. In addition, direct participation is intended to ensure an increase in the level of legal culture of each referendum participant and to develop the ability to exercise power and control.

3. The principle of voluntary participation of citizens in a local referendum. The new Law “On General Principles...” does not provide for such a principle. The laws on local self-government, on local referendums of the constituent entities of the Russian Federation, for the most part, reveal the concept of this principle in this way: “no one has the right to exert a forced influence on the participation or non-participation of a citizen in a referendum.”

Participation in a referendum presupposes that a citizen has only a right, but not an obligation. Therefore, forcing people to participate or not participate in a referendum is considered an illegal act.

4. The principle of free will means that every citizen who has the right to participate in a local referendum votes at his own discretion, guided by his inner conviction. No one has the right to force citizens to vote against their will. The choice of decision is the right of every citizen, and he exercises this right independently, without the intervention of other subjects of legal relations.

In accordance with Part 6 of Art. 22 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” (2003), voting in a local referendum is carried out secretly, control over the expression of the will of citizens is not allowed. To ensure secret voting, booths or other specially equipped places are located in the voting premises, i.e., conditions are created to ensure secret voting. The principle of secret voting and the mechanism for its implementation are enshrined and disclosed in more detail in the Federal Law “On Basic Guarantees of Electoral Rights and the Rights to Participate in Referendums of Citizens of the Russian Federation”, special laws on local referendums of constituent entities of the Russian Federation, and sometimes in the charters of municipalities.

6. The principle of transparency in the preparation and conduct of a local referendum has important. It is enshrined in federal laws and in the laws of constituent entities of the Russian Federation regulating the procedure for preparing and holding referendums.

The implementation of the principle of openness during a referendum means that all activities are conducted openly, and that citizens of the municipality are systematically and comprehensively informed about the decisions made by various bodies. The implementation of the principle of transparency helps to ensure the legality of holding a local referendum. Studying by citizens the decisions made and the measures taken to prepare and conduct a referendum gives them the opportunity to record facts of violations of laws, statutes of municipalities and demand that the relevant bodies and officials eliminate them. In case of failure to comply with the requirements, citizens have the right to apply to the court for restoration of the violated right. This right is enshrined in Art. 45 of the Constitution of the Russian Federation.

7. The principle of legality means that a local referendum is held in strict accordance with current legislation. Legality is one of the most important guarantees of genuine democracy and is of great importance for ensuring the constitutional right of citizens to participate in the management of state and public affairs. The principle of legality is enshrined in the Constitution of the Russian Federation. Its action extends to all government bodies, officials, various organizations, and associations. Article 15 (Part 2) of the Constitution of the Russian Federation, defining the dominant role of the law in society, declares that government bodies, local governments, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.

Ensuring legality in the preparation and conduct of a local referendum means that:

a) preparation and conduct of a local referendum must be carried out in accordance with the Constitution of the Russian Federation, federal laws, laws of the constituent entities of the Russian Federation, charters of municipalities;

b) regulatory legal and other acts issued in connection with the holding of a local referendum by local government bodies, referendum commissions, government bodies must comply with the Constitution of the Russian Federation, federal laws, laws of constituent entities of the Russian Federation and the charters of municipalities adopted in accordance with them ;

c) the actions of all subjects taking part in the preparation and conduct of a local referendum, including citizens, must be subject to the requirements of the law.

The principle of legality operates when its implementation is monitored. Compliance with laws during a local referendum is monitored by local government bodies, state authorities and the citizens of municipalities themselves, representatives of political parties and others. public organizations and movements, initiative groups for holding a local referendum, deputies of representative bodies at various levels. In addition, the local referendum commission monitors the activities of precinct commissions in terms of compliance with the law on local referendums. This list subjects exercising control over compliance with the principle of legality is established in most laws of the constituent entities of the Russian Federation on local referendums.

The study of the principles of preparation and conduct of local referendums, enshrined in the legislation of the Russian Federation, the constituent entities of the Russian Federation, and the charters of municipalities, indicates an established concept of the uniformity of these principles and their interaction with each other.

The unity of the principles on which the implementation of forms of direct democracy, intended for organizing the management of social processes, is based, creates favorable preconditions for strengthening ties between citizens and the state, the center and the regions. It should be noted that the unity of principles is not an accidental phenomenon. It is based on the unity of power of the multinational people of the Russian Federation, which is the foundation of real democracy.

Calling a local referendum. The decision to hold a local referendum, in accordance with Part 3 of Art. 22 of the Federal Law “On General Principles of the Organization of Local Self-Government in the Russian Federation” (2003), adopted by the representative body of local self-government.

The initiative to hold a local referendum in accordance with Art. 22 of this Law have:

representative body together with the head of the local administration;
citizens living within the boundaries of the municipality;
electoral associations, other public associations, whose charters provide for participation in elections and (or) referendums that are registered in the manner and within the time limits established by federal law.

The condition for calling a local referendum on the initiative of electoral associations and other public associations specified in clause 2, part 3 of Art. 22 is the collection of signatures in support of this initiative, the number of which is established by the law of the constituent entity of the Russian Federation and cannot exceed 5% of the number of referendum participants registered in the territory of the municipality in accordance with federal law.

The initiative to hold a referendum put forward by citizens, electoral associations, and other public associations specified in clause 2 of part 3 of Art. 22, is drawn up in the manner established by federal law and the law of the constituent entity of the Russian Federation adopted in accordance with it.

The initiative to hold a referendum, put forward jointly by the representative body of the municipality and the head of the local administration, is formalized by legal acts of the representative body of the municipality and the head of the local administration.

The representative body of the municipal formation is obliged to call a local referendum within 30 days from the date the representative body of the municipal formation receives the documents on the basis of which the local referendum is called.

If a local referendum is not appointed by the representative body of the municipality within the established time frame, the referendum is appointed by the court on the basis of an appeal from citizens, electoral associations, the head of the municipality, government bodies of the subject of the election commission, the subject of the Russian Federation or the prosecutor. If a local referendum is ordered by a court, it is organized by the election commission of the municipality, and the holding of a local referendum is carried out by the executive and administrative body of state power of a constituent entity of the Russian Federation or another body specified in the court decision.

Local referendum commissions. To prepare and conduct a local referendum, local referendum commissions and precinct commissions are formed.

In accordance with the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation,” referendum commissions are formed by a representative body of local self-government. The formation of a referendum commission is carried out on the basis of proposals from electoral associations, electoral blocs, public associations, meetings of voters at the place of residence, work, service, study.

The representative body of local self-government is obliged to appoint at least 1/3 of the composition of the referendum commission on the basis of proposals received from each of the associations, electoral blocs that have factions in the representative body of local self-government. A similar formation procedure is provided for in the laws of the constituent entities of the Russian Federation on local referendums.

Precinct referendum commissions are formed in the same manner as local referendum commissions. In 16 constituent entities of the Russian Federation, where local referendums were held and municipal charters were adopted, the precinct referendum commissions included from 5 to 15 people. Their formation was carried out in some regions by representative bodies of local self-government at the proposal of public associations, meetings of citizens at the place of work, service, study, residence; in others, local referendum commissions appointed members of precinct commissions; in others, both procedures were used.

Powers of referendum commissions. In accordance with the laws of the constituent entities of the Russian Federation on local referendums, the powers of commissions to conduct a local referendum arise from the moment of their formation.

The powers of the commission to conduct a local referendum are terminated in accordance with the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” (Part 13, Article 23) 10 days from the date of publication of the referendum results.

The presence of bodies taking part in the preparation and conduct of a local referendum, the mechanism for preparing and holding a referendum indicate the depth of democratic principles contained in this form of direct democracy. Both its internal content and external manifestation give reason to conclude that this is one of the most important foundations of the constitutional system in the Russian Federation, on the implementation of which the fate of democratic transformations as a whole largely depends.

When holding a local referendum, as well as elections, the territory of the municipality is divided into sections, which are formed on the basis of no more than 3 thousand referendum participants in each section no later than 30 days before voting day. This provision is provided for by the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” (Part 2 of Article 20). This Law establishes only the upper limit for the number of referendum participants living in the territory of the precinct. Precincts are formed, as a rule, by the head of the executive and administrative body of local government, taking into account local conditions in order to create maximum convenience for citizens who have the right to participate in a referendum within the boundaries of the municipality. The boundaries of local referendum districts may coincide with the boundaries of electoral districts.

Lists of citizens entitled to participate in a local referendum are compiled for each referendum precinct by the precinct referendum commission and signed by its chairman and secretary. The lists are compiled on the basis of data provided by the head of the municipality.

The lists include all citizens of the Russian Federation who have the right to participate in it on the day of the referendum and who live in the given municipality on the day of voting.

The lists of participants in a local referendum, in accordance with international treaties of the Russian Federation and the corresponding federal laws and laws of the constituent entities of the Russian Federation, include foreign citizens who have reached the age of 18 and permanently or primarily reside in the territory of the municipality. Citizens declared incompetent by a court or held in prison by a court verdict are not included in the lists.

Military personnel undergoing conscript military service in military units, military organizations and institutions that are located on the territory of the corresponding municipal formation are not subject to inclusion in the lists, if these military personnel did not permanently or primarily reside in the territory of this municipal formation before being called up for military service. The list is compiled in two copies.

A citizen entitled to participate in a local referendum may be included in no more than one list.

The lists are presented for public review at the premises of the precinct commission for holding a local referendum 20 days before the vote. The corresponding provisions are contained in most laws of the constituent entities of the Russian Federation on local referendums.

A citizen has the right to report to the precinct commission, the commission for holding a local referendum about his non-inclusion in the list of referendum participants, about any error or inaccuracy in the list of referendum participants. The relevant commission is obliged to eliminate the error or inaccuracy within 24 hours, and on voting day within 2 hours from the moment of application, but no later than the end of voting, and give the applicant a written response. The commission's decision can be appealed in court if a citizen's request to be included in the list of referendum participants is rejected.

Voting in a local referendum is held on a calendar day off. The start and end times of voting are established by the law of the constituent entities of the Russian Federation on local referendums or the charter of the municipality.

Voting is secret. Every citizen who has the right to participate in a local referendum votes in person. Voting for other persons is not permitted. Citizens fill out ballots themselves in a secret voting booth. A citizen who cannot do this himself has the right, at his own discretion, to invite another person who is not a member of the precinct commission or an observer into the booth. The citizen places the completed ballot in the ballot box.

In cases where citizens who have the right to participate in a referendum cannot, for good reason, arrive at the voting station, the precinct commission, subject to their written application, instructs two (or more) members of the commission to organize voting at the location of these citizens.

The local referendum commission, based on the protocols of all precinct commissions, determines the results of the referendum. A decision on issues submitted to a local referendum is considered adopted if more than half of the citizens who took part in the referendum voted for them.

The results of the referendum are brought to the attention of the population through the media or other means within the time frame specified defined by laws on the local referendum of the constituent entities of the Russian Federation.

The decision adopted at the referendum comes into force from the day of its publication, unless otherwise provided in the wording of the question adopted at the referendum.

The institution of local referendum combines elements of unity and diversity. The main provisions of the laws on local referendums of the constituent entities of the Russian Federation comply with federal legislation. Is it possible today to assume that the legislative framework Has this institute already been created and is operating? Normative base has been created in most constituent entities of the Russian Federation. There is also the practice of implementing the direct expression of the will of citizens of municipalities.

Local referendums were held in 24 constituent entities of the Russian Federation. In a number of municipalities (2%) charters were adopted for them.

IN Kursk region For example, local referendums were held in 510 territories to discuss the provisions of the charters on the procedure for forming municipal bodies, their names and structure. Only in one municipality (village council) the local referendum did not take place. In 16 municipalities, citizens voted against charters. In the remaining territories, the charters were approved.

In Astrakhan, Murmansk, Ryazan regions, the Jewish Autonomous Region, by direct expression of the will of citizens, issues regarding the organization of municipalities in the relevant territories were resolved. In rural areas Altai Territory on universal suffrage the question was raised about the advisability of involving agricultural lands in civil circulation.

As a result, 80% of citizens of municipalities spoke out against such a proposal. There are other examples of active participation in local referendums. This indicates that the stage of formation of the institution of local referendum has taken place, and the constitutional norms on the direct expression of the will of citizens are concretely embodied in life. People began to gradually realize their role in managing public affairs of local importance. The revival of citizens' initiative in solving problems of local importance gives grounds to conclude that in the near future it will have a significant impact on all areas of public relations, not only on the scale of individual municipalities, but also on the scale of the entire country. For municipalities are elements of a single whole - multinational Russia.

Taking into account the concept and structure of the system of municipal law, a local referendum is an institution municipal law due to the fact that the elements of a local referendum are groups of norms and the relations regulated by them that develop during the implementation of direct democracy by residents of the municipality. These relations are formed between local government bodies and residents, between local government bodies and officials, between officials and residents of the municipality, between government bodies and residents of the municipality, etc. These relations are regulated by the rules of law adopted at the levels of the Russian Federation, subjects of the Russian Federation and municipalities.

Thus, the municipal legal institution of a local referendum is a joint product of municipal authorities and state authorities, as well as other municipal legal institutions.

Elections in the local government system

The second most important form of direct expression of the will of citizens is the election of local government officials.

Elections in the local government system are intended to form local government bodies and elect local government officials.

The participation of citizens living on the territory of a municipality in the elections of local government bodies and officials is an indispensable feature of a democratic state.

By electing deputies, as well as heads of municipalities from among their fellow citizens, voters determine their choice in organizing governance on their territory. The fate of each citizen and the fate of the municipality as a whole largely depends on this choice.

The composition of representative bodies depends both on the choice of voters and on the legislation on the basis of which elections are held.

The legislative basis consists of: Federal laws “On the general principles of organizing local self-government in the Russian Federation”; “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation”; “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local government bodies.”

The principles of holding elections are enshrined in both federal laws and the laws of the constituent entities of the Russian Federation regulating relations in the local government system. According to the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” elections in the system of local self-government are held on the basis of universal, equal and direct suffrage by secret ballot in accordance with federal laws and the laws of the constituent entities of the Russian Federation.

The principles of holding elections of local self-government bodies and elected officials are enshrined in the Federal Law “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.” They are the same as during a local referendum: the equal right of citizens to participate in elections upon reaching the age established by law; direct participation of citizens in voting; voluntary participation of citizens in elections of local government bodies and local government officials; free expression of the will of citizens when voting; secret ballot of citizens; transparency of elections; legality during elections.

All citizens who have reached the age of 18 have the right to vote and be elected to representative bodies of local self-government. A citizen who is 21 years old on election day can be elected head of the executive-administrative power of a municipality.

The law does not allow restrictions on passive voting rights associated with permanent or primary residence in a certain territory of the Russian Federation. Such restrictions can only be established by the Constitution of the Russian Federation. A citizen has the right to elect and be elected to local government bodies regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, or membership in public associations. Only citizens declared incompetent by a court or held in prison by a court sentence do not have active rights. Basically, the legislation on elections and the practice of their conduct indicate that the above principles are observed.

As for the principles of voluntary participation and free expression of the will of citizens, secret voting, transparency and legality, their content coincides with the content of both elections and local referendums.

Elections are scheduled by representative bodies of local self-government, as well as in certain cases provided for by federal law, by the election commission of a municipality or court.

Voter lists are compiled on the basis of registration data of citizens with active voting rights, submitted by the head of the municipality or an authorized body. As a rule, voter lists are compiled by precinct election commissions.

The voter lists include all citizens of the Russian Federation who have active voting rights on voting day and who permanently or primarily reside in the territory of the municipality. In accordance with Part 4 of Art. 18 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation”, foreign citizens who have reached 18 years of age, not limited in voting rights and residing permanently or primarily in the territory of the municipality in which elections are held. After this norm was enshrined in federal law, the following changes were made to the legislation of the constituent entities of the Russian Federation.

Military personnel undergoing conscript military service in military units, military organizations, institutions that are located on the territory of the corresponding municipal formation are not included in the voter lists of a municipal formation, if they did not permanently or primarily reside in the territory of this municipal formation before being called up for military service.

Voter lists, after they have been compiled, are presented for public review and additional clarification no later than 20 days before voting day. Such deadlines are provided for by federal law. The laws of the constituent entities of the Russian Federation on elections of bodies and officials of local self-government increase these periods mainly from 20 to 30 days. Familiarization with the voter lists is carried out in the premises of the precinct election commission. Every citizen of the Russian Federation who has the right to vote has the right to familiarize himself with the voter lists and, if necessary, submit his claims to the precinct election commission, which may be based on the citizen’s non-inclusion in the voter lists for a given precinct, on mistakes made that currently exist about the voter, etc. The precinct election commission is obliged to check the voter’s application and either eliminate the error or give the applicant a written response indicating the reasons for rejecting the application. In this case, the application must be considered within 24 hours, and on voting day - within two hours from the moment of application, but no later than the end of voting. If a voter believes that the decision of the precinct election commission is illegal or unfounded, he has the right to appeal to a higher election commission or to a court of general jurisdiction.

The court is obliged to consider the application within three days, and immediately on voting day, and make an appropriate decision.

In accordance with federal law and the laws of the constituent entities of the Russian Federation, electoral districts are formed for municipal elections on the basis of data provided by local government bodies or officials. The boundaries of electoral districts and the number of voters in each district are determined by the territorial election commission of the municipality and are approved, as a rule, by the representative body of local government no later than 60 days before election day.

Polling stations are formed to conduct voting and count votes. It should be noted that in accordance with Part 2 of Art. 20 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, polling stations are formed by the head of the municipality no later than 30 days before voting day.

Polling stations for citizens of the Russian Federation located in the territories foreign countries, are formed by the heads of diplomatic missions or consular offices of the Russian Federation in the territory of their country of residence.

Polling stations are formed with no more than 3,000 voters per station. This requirement may not apply when polling stations are formed outside the territory of the Russian Federation.

To organize and conduct elections of local government bodies and officials, election commissions are formed.

During elections of deputies to representative bodies of local self-government, territorial, district and precinct election commissions are formed. When holding elections of heads of municipalities in small municipalities, district commissions may not be formed. These issues are resolved in the constituent entities of the Russian Federation based on local conditions and characteristics, and the load on territorial election commissions.

Territorial and district election commissions are formed on the basis of proposals from electoral associations, electoral blocs, public associations, meetings of voters at the place of residence, work, service, study, election commissions of the previous composition by the elected body of local self-government. Proposals for the formation of precinct election commissions are made by the same entities, except for the election commissions of the previous composition.

The elected body of local self-government is obliged to appoint at least one third of the composition of all named commissions on the basis of proposals from each of the electoral associations, electoral blocs that have factions in the representative body of local self-government. At the same time, the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” in Part 2 of Art. 23 provides that only one representative from each electoral bloc or electoral association can be appointed to these commissions. Based on Part 10 of this article, the terms of office of territorial and district election commissions for elections of local self-government bodies are provided for by the laws of the constituent entities of the Russian Federation. They are usually created for the period of preparation and conduct of elections. The law of a subject of the Russian Federation or the charter of a municipal entity may provide for the activities of a territorial election commission on an ongoing basis. In this case, the term of office of the territorial election commission cannot be more than five years and less than the term of office of the representative body of local self-government.

The powers of the precinct election commission are terminated 10 days from the date official publication election results, unless complaints have been received against her actions to higher election commissions or to the court. In the latter case, the precinct election commission works until the consideration of the complaint is completed.

In accordance with the current legislation on elections of local government bodies, each election commission is vested with specific powers. The activities of the territorial election commission are limited to the boundaries of the municipality.

The legislator is not limited to the list of election commissions we have named. In a number of cases, laws on elections of local self-government bodies provide for the formation of district territorial election commissions, which coordinate the activities of election commissions of municipalities and summarize election results based on data from municipal election commissions.

In Moscow, along with territorial, district and precinct commissions, a city election commission is created, which, according to Art. 9 of the Moscow Law “On the election of councilors of the district assembly in the city of Moscow” is endowed with very extensive powers.

The commission carries out its activities collegiately, through meetings. Candidates for deputies and their proxies, representatives of electoral associations and blocs, and the media have the right to attend meetings of commissions. On the issues under consideration, election commissions make decisions, as a rule, by a simple majority of the total number of voting members of the commission, and they are signed by the chairman and secretary of the commission.

The nomination of candidates for deputies and other elective positions of local self-government bodies begins from the moment of formation of election commissions and continues for at least 20 days. The nomination of candidates ends at least 30 days before election day.

Nomination of candidates by electoral associations. Electoral associations in the elections of local government bodies, heads of municipalities and other local government officials are duly registered local branches of federal and regional electoral associations, their blocs, as well as local (municipal) electoral associations, the charters of which provide for the right to participate in elections local government bodies.

The decision to nominate candidates (list of candidates) from an electoral association is made at a meeting of its local branch and at a meeting of the local (municipal) electoral association by secret ballot.

When nominating candidates in single-mandate electoral districts, electoral associations and blocs have the right to nominate one candidate in each district (including in a single multi-member district) in the election of heads of municipalities and other local government officials.

When nominating candidates in multi-member electoral districts, as well as in the case of elections under proportional or mixed electoral systems, electoral associations and blocs nominate lists of candidates according to the number of mandates.

Nomination of candidates by voters is carried out either by an initiative group or through self-nomination.

The initiative group notifies the district election commission in writing about its initiative. The notification must indicate the candidate's last name, first name, patronymic, date of birth, place of work, position held and place of residence of the candidate. The application must be accompanied by the minutes of the meeting of the initiative group to nominate a candidate, a list of citizens present at the meeting, and the decision to appoint a representative of the initiative group of voters.

Signature sheets are prepared by the initiators of the collection of signatures in the form established by the laws on elections of local government bodies or local government officials. Each signature sheet indicates the candidate’s last name, first name, patronymic, date of birth, place of work, position held (occupation), place of residence and the name of the electoral district in which he is nominated.

Registration of candidates for deputies is carried out by district election commissions. To register candidates from electoral associations, electoral blocs, their authorized representatives submit to the district election commission no later than 30 days before election day: signature sheets in support of deputy candidates; information about the candidate; the candidate’s statement of his consent to run for office in this constituency; a copy of the registration certificate of the electoral association, its charter; decision on the formation of branches of federal parties, movements, associations on the territory of a constituent entity of the Russian Federation; a power of attorney issued in accordance with the established procedure by an authorized representative of the electoral association.

Authorized representatives of electoral blocs, together with signature sheets, submit to the district election commission the decisions of public associations on the creation of an electoral bloc, the decision of the joint congress (conference) of the bloc at which candidates were nominated.

A candidate nominated directly by district voters submits signature sheets and a personal statement of consent to run for office in this electoral district to the district election commission no later than 30 days before election day.

The district election commission checks the documents and makes a decision on whether to register a candidate for deputy or to refuse registration.

The decision of the district election commission to register a candidate or to refuse registration may be appealed to the territorial election commission or to the court.

Issues regarding the refusal to register candidates for deputies or candidates for the post of head of a municipality are increasingly becoming the subject of consideration in the courts. Thus, the Irbit City Election Commission (Sverdlovsk Region) refused to register one of the candidates for the post of head of the city of Irbit.

The basis for the refusal was, in the opinion of the commission, the insufficient number of voter signatures collected in support of the nomination of citizen S. as a candidate for the post of head of the city. For registration, 1,056 signatures were submitted to the election commission, of which the commission declared 557 invalid, and the remaining signatures were allegedly not enough to reach the required number.

The commission's decision to refuse registration was appealed to the court, which found that the election commission did not fully comply with the law in terms of verifying signature sheets and signatures of voters. Instead of specific facts, the commission used its doubts about the authenticity of the signatures as evidence, which is unacceptable. The court overturned the commission's decision and restored the violated right of citizen S, who was nominated as a candidate for the post of head of the city.

If, after the deadline for registering candidates, there is only one candidate left in the electoral district or no candidates are registered, the elections in this district are postponed by the decision of the territorial commission for the period established by the legislation on elections of local self-government bodies. IN Nizhny Novgorod region this period is 12 weeks. In Moscow, in this case, the deadlines for nominating candidates for deputies, collecting signatures and registering candidates are extended by two weeks. Each candidate is issued a certificate.

A candidate for deputy head of local self-government has the right to withdraw his candidacy at any time before election day by notifying the district (territorial) election commission. In this case, the candidate’s application to withdraw his candidacy must be made in writing.

The legislation provides candidates with equal rights and responsibilities. After registration, upon their personal application, candidates are exempt from work, military service, military training and study for the duration of participation in the elections. The employer is obliged to provide the candidate with unpaid leave at his request from the moment he is registered as a candidate until the publication of the election results.

During this period, the candidate is paid a one-time monetary compensation in the amounts provided for by the laws on elections of the constituent entities of the Russian Federation.

During elections, a registered candidate cannot be dismissed from work or transferred to another job at the initiative of the administration without his consent.

A registered candidate cannot be prosecuted, arrested, or subject to administrative penalties imposed by a court without the consent of the prosecutor. When giving consent to involve criminal liability, arrest, the prosecutor is obliged to notify the district election commission that registered the candidate.

Candidates have the right to have proxies registered by the district election commission that registered the candidate for deputy. Trusted persons receive the certificate and assist the candidate in conducting election campaign. They are also entitled to unpaid leave.

The most important means during elections is campaigning. Election campaigning is guaranteed by the state and can be carried out through the media, through pre-election events in the form of meetings, meetings with voters, public election debates and discussions, rallies, demonstrations, processions, production and distribution of campaign materials and publications, etc.

Citizens of the Russian Federation, public associations, political parties have the right, in forms permitted by law and by legal methods, to campaign for participation in elections, “for” or “against” any registered candidate.

Registered candidates are guaranteed equal conditions of access to the media. Monitoring the fulfillment of these conditions is carried out by district and territorial election commissions.

Election campaigning begins on the day the candidate is registered and ends at 0:00 a day before voting day. The timing of campaigning on television and radio broadcasting is determined by the legislation of the constituent entities of the Russian Federation.

Mass media, the founders of which are local government bodies, are obliged to provide registered candidates with equal opportunities to conduct election campaigning. This means that if one candidate is given the opportunity to speak on local radio for two hours, then the remaining candidates have the right to demand the same airtime.

Elections are financed from the local budget. These funds go to the territorial election commission, which distributes them among district and precinct election commissions.

District and precinct election commissions submit a report on the expenditure of funds to the territorial commission. In turn, the territorial election commission reports to the local government body to which the funds were allocated.

During elections to local government bodies, funding is provided from local budgets. Some election laws provide for assistance from the budgets of constituent entities of the Russian Federation.

Voting in elections is held on a calendar day off. The start and end times of voting are established by the laws of the constituent entities of the Russian Federation and elections of local government bodies. As a rule, voting takes place from 8 a.m. to 10 p.m. local time. Territorial and precinct election commissions are required to notify voters about the time and place of voting no later than 20 days before voting day through the media or other means. Voters may be sent information materials about voting day at their place of residence or work.

Each voter votes personally. Voting takes place indoors polling station in the same manner as during a local referendum. After the end of voting, the precinct election commission counts the votes for each candidate. The voting results are considered at a meeting of the precinct commission and entered into the protocol of the precinct election commission. The protocol is signed by all members of the precinct election commission.

The protocol is drawn up in at least three copies. One copy is submitted to the district election commission, the second - for storage to the territorial election commission. The third copy is intended to familiarize voters and initiative groups with the voting results for this precinct.

The district election commission, based on the protocols of precinct election commissions on the voting results, by adding up the data contained therein, establishes the election results for a given electoral district and includes them in the protocol compiled by it.

The protocol of the district election commission, in addition to all the requirements for the protocol of the precinct election commission, includes data on the number of precinct election commissions and the number of received protocols from precinct election commissions. The protocol indicates one of the following decisions:

candidate recognition elected deputy;
recognition of elections in the constituency as invalid;
recognition of elections in the constituency as invalid.

The candidate who received the largest number of votes from voters who took part in the voting is recognized as elected in a single-mandate electoral district. In the event of an equal number of votes received by candidates in Moscow, the candidate in whose support the largest number of voter signatures were collected is considered elected. If the number of voter signatures is equal, the candidate registered earlier than the others is considered elected. In the Nizhny Novgorod region, in the event of a tie of votes, the candidate registered earlier is considered elected. IN Leningrad region In case of equality of votes cast by voters, a repeat vote is held for these candidates.

The district election commission recognizes elections in a given district as invalid if violations of the election law committed during their conduct do not allow one to reliably determine the results of the expression of the will of voters.

The district election commission recognizes the elections in this electoral district as invalid:

a) if less than 25% of registered voters took part in the elections;
b) if the number of votes cast against all candidates exceeds the number of votes cast for the deputy who received the largest number of votes.

Facts where elections were declared invalid due to low voter turnout occurred in the cities of Abakan and Sayanogorsk in the Republic of Khakassia, as well as in the city of Kaluga.

The protocol of the district election commission is submitted to the territorial election commission of the municipality.

District and territorial election commissions, after establishing the voting results, inform voters about them through the media or other means.

Elections of local government bodies in the system of municipal law can be considered as its institution. Structurally, this institution consists of groups of homogeneous norms that regulate the relations that develop between residents of the municipality and candidates for election to representative bodies of local government and for the position of head of the municipality, between residents and local government bodies, election commissions, and local government officials.

The institution of elections is a set of norms of municipal law governing relations arising regarding the formation of representative bodies of local government and the election of local government officials.

This institution is also a product of joint activities of municipal communities and the state, since the rules on elections are formed at the levels of the Federation, its constituent entities and municipalities.

Recall of deputies and elected officials of local government

The principle of voluntary participation of citizens in the gathering means that each citizen decides independently whether to participate or not to participate in the gathering. No one can force citizens to participate or prohibit them from participating in the gathering.

The principle of free participation of citizens in the assembly means that citizens make decisions through free expression of will, due to their inner convictions. When voting on certain issues, the gathering participant does not depend on anyone in his decision. Attempts to force a citizen to vote to please someone else are illegal.

Publicity serves as an immutable rule of such mass event, as a gathering of citizens. The principle of publicity is implemented in this case at three stages: preparation of the meeting, holding and publication of the results of the meeting.

Before holding a gathering, the authorized body makes an announcement in the local press, on the radio, on bulletin boards, in places of greatest presence of citizens about the upcoming gathering. The announcement indicates the municipality in which the meeting is being held, the date, time and place (address) of its holding, as well as the issues to be discussed by the participants.

The citizens' gathering is held in an atmosphere of openness and transparency. Heads of enterprises, institutions, organizations located in the relevant territory, representatives of the press and other media can be invited to it.

The presence of leaders at meetings gives them the opportunity to delve deeper into problems of local importance, as well as of each resident individually. This is especially true for areas with a tense environmental situation and weak local economic infrastructure.

The results of the gatherings, in accordance with federal legislation, the legislation of the constituent entities of the Russian Federation and the charters of a number of municipalities, are subject to publication in the local press or must be brought to the attention of the population in another way.

As a rule, local radio centers and local newspapers disseminate information. In some areas, the decisions of the meetings are posted on leaflets and distributed in cultural centers, clubs, retail establishments, etc.

Decisions made by a citizens' meeting can be canceled by the citizens' meeting itself or by a court.

These are the basic principles of the organization and activities of citizens’ gatherings. They are similar to the principles of local referendum and elections to local government bodies.

A meeting (gathering) of citizens is held either on the initiative of local government bodies, or on the initiative of residents, if at least 10% of citizens living in a given territory insist on its holding and have the right to participate in it.

The preparation and holding of meetings (gatherings) of citizens is ensured by a local government body or a body of territorial public self-government.

A meeting (gathering) of citizens is opened by the head of a local government body, the head of a territorial public self-government body or other authorized officials.

Before the opening of the gathering, registration of its participants is mandatory. The registration sheets indicate the last name, first name, patronymic, date and year of birth of the participants, and their place of permanent residence. A chairman and secretary are elected to conduct the meeting. Then the agenda is approved.

A protocol is kept at the gathering, which indicates: the date and place of the meeting (gathering); total number citizens living in the relevant territory who have the right to participate in the meeting (gathering); number of registered participants of the meeting (gathering); agenda of the meeting (gathering); summary speeches and decisions made.

The protocol is signed by the chairman and secretary of the meeting (gathering) of citizens and transferred to the relevant local government body or territorial public self-government body.

Decisions made by citizens' gatherings are executed by local government bodies or public bodies territorial self-government, as well as local government officials. In other words, local government bodies and officials are obliged to organize work to implement decisions made by citizens at assemblies.

Thus, citizens’ gatherings are the most important institution in the system of municipal law, a connecting link between citizens and local governments, a form of manifestation of true democracy, carried out through direct free expression of will.

Lawmaking initiative of citizens as a form of citizen participation in the implementation of local self-government

Law-making people's initiative should be understood as a set of social relations regulated by the rules of law that arise as a result of the activities of citizens regarding the development and submission of draft legal acts on issues of local importance to local governments.

The subjects of relations are citizens and local governments.

A law-making initiative means that citizens of a municipal entity have the right to develop legal regulations on issues of local importance and submit them for consideration to local government bodies. Draft regulations submitted by citizens are subject to mandatory consideration at an open meeting of a representative body or local government official within three months from the date of submission with the participation of representatives of the population. This norm is enshrined both in the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” (Article 26), and in the laws on local self-government, on territorial public self-government of a number of constituent entities of the Russian Federation.

Separate laws on local self-government of the constituent entities of the Russian Federation and the charters of municipalities establish a procedure for implementing the law-making initiative of citizens. However, it is not unified. In accordance with the established normative legal practice, the procedure for law-making initiatives provides for two ways of its implementation.

First way. Citizens living within a municipality have the right to prepare a draft normative act of a local government body or draft additions and amendments to existing regulations and submit them for discussion at a gathering or meeting of citizens of a given municipality. At the same time, citizens living within the boundaries of the municipality and who have reached the age of 18 must be present at the gathering. The gathering or meeting discusses the draft normative legal act, draws up a protocol in accordance with the requirements of the law, which includes the issue of discussing the draft normative act for submission to the representative body of local government or a local government official, as well as the decision made regarding the draft normative act. The minutes are signed by the chairman and secretary of the meeting or gathering and transferred to the relevant local government body or local government official through official registration with the local government body.

The protocol is accompanied by a draft normative act, an explanatory note to it containing justification for the need to adopt such a document, information on the number of citizens who took part in the gathering or meeting.

The local government body is obliged to register the documents and issue the initiators with a certificate of their delivery.

This constitutional provision received a more detailed development in the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation.” Article 32 of this Law states that citizens have the right to individual and collective appeals to local government bodies. Appeals from citizens are subject to consideration in the manner and within the time frame established by Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.”

This Law establishes the following procedure for considering citizens' appeals.

According to Art. 2 citizens have the right to appeal to both bodies and officials of local government. At the same time, the right to appeal is exercised freely and voluntarily. The exercise of such rights must not violate the rights and freedoms of other citizens. Appeals can be written or oral.

In accordance with Art. 5 of the said Law, when considering an appeal by a local government body or an official, a citizen has the right to: 1) submit additional documents and materials or apply for their request; 2) get acquainted with documents and materials related to the consideration of the application, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information constituting a state or other secret protected by federal law; 3) receive a written response on the merits of the questions raised in the appeal, except for the cases specified in Art. 11 of the said Federal Law, notification of forwarding a written appeal to a state body, local government body or official whose competence includes resolving the issues raised in the appeal; 4) file a complaint against a decision made on an appeal or against an action (inaction) in connection with the consideration of an appeal in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation; 5) apply for termination of consideration of the appeal.

It is prohibited to persecute a citizen in connection with his appeal to a local government body or an official with criticism of the activities of these bodies or an official, or in order to restore or protect his rights, freedoms and legitimate interests or the rights, freedoms and legitimate interests of other persons. When considering an appeal, disclosure of information contained in the appeal, as well as information relating to privacy citizen, without his consent. Sending a written appeal to a state body, local government body or official whose competence includes resolving the issues raised in the appeal does not constitute disclosure of information contained in the appeal.

A citizen sends a written appeal directly to the local government body or that official whose competence includes resolving the issues raised in the appeal. A written appeal is subject to mandatory registration within three days from the date of receipt by the local government body or official. A written appeal containing issues the resolution of which is not within the competence of a local government body or official is sent within seven days from the date of registration to the relevant body or official whose competence includes resolving the issues raised in the appeal, with notification to the citizen who sent appeal, to forward the appeal, except for the case specified in Part 4 of Art. 11 of the said Federal Law. If the solution to the issues raised in a written appeal falls within the competence of local government bodies or officials, a copy of the appeal is sent to the relevant authorities within seven days from the date of registration. government bodies, local governments or relevant officials. A local government body or an official, when sending a written appeal for consideration to another local government body or another official, may, if necessary, request from the specified bodies or the official documents and materials about the results of consideration of the written appeal.

It is prohibited to send a complaint for consideration to a local government body or official whose decision or action (inaction) is being appealed. If, in accordance with the prohibition provided for by law, it is impossible to send a complaint for consideration to a local government body or official whose competence includes resolving the issues raised in the appeal, the complaint is returned to the citizen with an explanation of his right to appeal the relevant decision or action (inaction) in the prescribed manner to court . An appeal received by a local government body or official in accordance with their competence is subject to mandatory consideration. If necessary, the local government body or official considering the appeal can ensure its consideration on-site.

A local government body or official: 1) ensures an objective, comprehensive and timely consideration of the appeal, if necessary, with the participation of the citizen who sent the appeal; 2) requests documents and materials necessary for consideration of the appeal from other local government bodies and other officials, with the exception of courts, inquiry bodies and preliminary investigation bodies; 3) takes measures aimed at restoring or protecting the violated rights, freedoms and legitimate interests of a citizen; 4) gives a written answer on the merits of the questions raised in the appeal, except for the cases specified in Art. 11 of the said Federal Law; 5) notifies the citizen about sending his appeal for consideration to another local government body or other official in accordance with their competence. A local government body or official, upon a duly sent request from a local government body or official considering an appeal, is obliged to provide, within 15 days, the documents and materials necessary for consideration of the appeal, with the exception of documents and materials that contain information constituting the state or other secret protected by federal law, and for which a special procedure for provision has been established. The response to the appeal is signed by the head of the local government body, an official or an authorized person.

A written appeal received by a local government body or official in accordance with their competence is considered within 30 days from the date of registration of the written appeal. In exceptional cases, as well as in the case of sending a request provided for in Part 2 of Art. 10 of the said Federal Law, the head of a local government body, an official or an authorized person has the right to extend the period for consideration of an application by no more than 30 days, notifying the citizen who sent the application about the extension of the period for consideration. Personal reception of citizens in local government bodies is carried out by their leaders and authorized persons. Information about the place of reception, as well as the days and hours established for reception, is brought to the attention of citizens. When receiving a person in person, the citizen presents a document proving his identity. The content of the oral appeal is entered into the citizen’s personal reception card. If the facts and circumstances stated in the oral appeal are obvious and do not require additional verification, the response to the appeal, with the consent of the citizen, can be given orally during a personal reception, which is recorded in the citizen’s personal reception card. In other cases, a written response is given on the merits of the questions raised in the appeal. A written appeal accepted during a personal reception is subject to registration and consideration in the manner established by the said Federal Law. If the appeal contains issues the resolution of which is not within the competence of a given local government body or official, the citizen is given an explanation of where and in what order he should apply. During a personal reception, a citizen may be denied further consideration of an appeal if he was previously given an answer on the merits of the questions raised in the appeal.

A citizen has the right to compensation for losses and compensation for moral damage caused by the illegal action (inaction) of a local government body or official when considering an appeal, according to a court decision. If a citizen has provided knowingly false information in his appeal, then the expenses incurred in connection with the consideration of the appeal by a local government body or official may be recovered from this citizen by a court decision.

Sometimes letters are sent to prepare a response to those officials whose company or organization received a complaint. They prepare a response to the applicant and send a copy of the response to the local government authority. As a result, a vicious circle is formed and issues are not resolved. This sign of a bureaucratic attitude towards complaints, appeals, and statements helps to widen the gap between the community of citizens and local governments.

The result of such work is ultimately the initiatives of citizens to recall deputies or elected officials of local government, which were mentioned earlier.

Issues of working with appeals and statements from citizens are becoming increasingly important for local governments and officials. Appeals from citizens show the mood of people, their attitude towards the authorities. Taking this into account, many executive and administrative bodies of local self-government have established a procedure that provides for the study and discussion of the results of work with appeals, applications, and complaints of citizens in subordinate institutions. Inspections are being carried out on this issue municipal institutions and reports of their leaders are heard at meetings of executive and administrative bodies of local self-government. As a rule, such reports are carried out at least once a year. Based on the results of work with appeals and statements from citizens, decisions are made containing appropriate conclusions and measures against officials who commit violations of the law.

Appeals and statements from citizens are an important source of information about the state of public life, reflecting the pressing problems of the small Motherland of the entire community and each citizen individually, help strengthen ties between the population and local governments, and are the most important means of developing the organizational basis of local self-government.

Rallies, demonstrations, processions, picketing, polls

These forms of participation in the implementation of direct democracy are used in the local government system to attract the attention of local governments and local government officials to the problems of local life. The subjects of relations that develop regarding the holding of rallies, demonstrations, processions, picketing, and polls are citizens, public associations, and local governments.

At rallies, citizens have the right to discuss any issues of local importance and adopt appropriate resolutions on them.

Resolutions can be sent to local government bodies and local government officials. Resolutions are advisory in nature. The requirements and proposals contained therein can be taken into account when preparing draft decisions and other documents of local government bodies.

The citizen survey is carried out on the initiative of:

the representative body of the municipality or the head of the municipality - on issues of local importance;
government bodies of the constituent entities of the Russian Federation - to take into account the opinions of citizens when making decisions on changing the intended purpose of municipal lands for objects of regional and interregional significance.

The procedure for appointing and conducting a survey of citizens is determined by the charter of the municipal formation and (or) regulatory legal acts of the representative body of the municipal formation.

The decision to schedule a citizen survey is made by the municipal body. The regulatory legal act of the representative body of the municipality on the appointment of a survey of citizens establishes:

date and timing of the survey;
formulation of the question(s) proposed during the survey;
survey methodology;
questionnaire form;
the minimum number of municipal residents participating in the survey.

Residents of the municipality must be informed about the citizen survey at least 10 days before it is held.

Funding for activities related to the preparation and conduct of citizen surveys is provided by:

at the expense of the local budget - when conducting a survey on the initiative of local governments;
at the expense of the budget of a constituent entity of the Russian Federation - when conducting a survey on the initiative of public authorities of the corresponding constituent entity of the Russian Federation.

This form of expression of the will of citizens is enshrined in the norms of individual laws on local self-government of the constituent entities of the Russian Federation, as well as in the charters of municipalities. Some laws only mention the survey, while others have separate articles defining the mechanism for conducting the survey.

Law “On local self-government in the Irkutsk region” in Art. 50 establishes that a local poll is a vote of citizens living in the territory of a municipal entity (part of the territory) on issues of public interest in order to identify the opinion of the population.

Surveys can be continuous or selective. A continuous survey (questioning) means that the entire population or at least 50% of citizens must be surveyed on a particular issue.

A sample survey (questioning) involves studying opinions small group respondents.

The Law “On General Principles...” (2003) does not establish types of surveys. This falls within the competence of municipal representative bodies.

Thus, the forms of direct democracy designated in legislation are institutions of municipal law, which are a set of norms of municipal law and the social relations regulated by them, resulting from the exercise of power directly by residents of the municipality.

The approach to determining the strength of decisions made by territorial public self-government bodies or by citizens themselves is different. The Moscow Law “On Territorial Public Self-Government” stipulates that decisions of meetings (gatherings), conferences of the community, as well as its bodies, adopted within the limits of the current legislation and their powers, are advisory in nature for authorities and citizens.

Territorial public self-government (TPS) operates on the basis of a charter registered by the local government body of the corresponding settlement. TOS, in accordance with its charter, can be a legal entity (Law “On General Principles...”, 2003, paragraph 5, Article 27).

In accordance with Art. 27 the competence of TOS is divided into two parts. The first part is the exclusive competence of the assembly, the citizens' conference. The second part is the competence of territorial public self-government bodies.

The exclusive powers of an assembly or conference of citizens include:

establishing the structure of TPS bodies;
adoption of the TOS charter;
election of TPS bodies;
determination of the main activities of the TPS;
approval of the estimate of income and expenses of the TPS and the report on its implementation;
consideration of reports on the activities of TPS bodies.

These are mainly issues of designing TPS and strategic directions of its activities.

The competence of TOS bodies includes:

representing the interests of the population;
ensuring the execution of decisions made at meetings, conferences:
carrying out economic activities to maintain the housing stock, landscaping the territory, other economic activities to meet the social and everyday needs of citizens, etc.;
submission to local government bodies of draft municipal acts that are subject to mandatory consideration by these bodies and local government officials.

To a greater extent, these are issues of a representative and executive-administrative nature.

All functions and powers established by law, must be recorded in the TOS charter.

Meetings, conferences, public hearings

An assembly should be understood as a form of collective participation in the implementation of local self-government, which is a type of implementation of direct democracy.

This form is provided for in Art. 29 of the Law “On General Principles...” (2003).

According to the Law, meetings of citizens can be held to discuss issues of local importance, inform the population about the activities of local government and officials.

Meetings are held at the initiative of the population, the representative body, and the head of the municipality. The meeting, accordingly, can be appointed by a representative body or the head of the municipality. A meeting held at the initiative of citizens is appointed by a representative body.

Appeals adopted by the meeting are subject to mandatory consideration by local government bodies and officials whose competence includes solving the problems contained in them.

A conference should be understood as a form of implementation of local self-government through delegates nominated at meetings of citizens to represent their interests in solving problems of local importance.

The procedure for appointing a conference and nominating delegates to the conference is determined by the charter of the municipality, other legal acts of the representative body of local self-government, and the charter of territorial public self-government.

The conference, as well as the meeting of citizens, accepts appeals to the representative body or the head of the municipality, which must be considered accordingly and to which responses must be given within the time limits established by law.

Public hearings are a form of participation in the implementation of local self-government, expressed in the discussion of draft municipal legal acts on issues of local importance with the participation of residents of the municipality.

They are organized and conducted at the initiative of the population, the representative body, the head of the municipality (Law “On General Principles...” (2003, Art. 28).

The subject of discussion at public hearings are the most significant issues local significance. The said Law includes draft charters, local budgets and reports on their implementation, plans and programs for the development of the municipality, and issues regarding the transformation of the municipality.

Suggestions and conclusions are summarized and can be included in projects when they are finalized.

It is advisable to publish the results of public hearings in order to reduce the gap between the population and local public authorities, as well as to strengthen control over the implementation of reasonable proposals from voters.