Most localities in Russia is the local authorities, which have a fairly wide range of powers in terms of the implementation of social and economic development.There is a separate branch of law that regulates this process - municipal law.What are its characteristics and structure?
Before we talk about what are the methods of municipal law, define the main subject we are studying the topic.The term in question - is fairly new to the Russian legal science.Therefore, in order to understand its nature, will first be useful to know what the word "municipality".It has a Latin origin: municipium - is, if you follow the common interpretation, the community, which is itself controlled.Thus, the municipality - is a kind of social and political education (city, rural village, district), endowed with the functions of government.
concept of the municipality was virtually no spread in the Soviet jurisprudence.Local government somehow was carried out in the framework of the Council, which was strictly enough vertikalizirovana.Local authority from cities and districts were not so many.Therefore, municipal law of the Russian Federation, is considered by many researchers still undergoing infancy.Although, as noted by many experts, our country - if we talk about the development of the relevant political institutions - in this area is making significant progress.In Russia there are municipal budgets and legislation.Local socio-political education in the Russian Federation as a whole have substantial autonomy in key decisions in terms of self-government.
What is the municipal law?Just note - this term can be understood in several interpretations.In the first it can be understood as a branch of the law governing relationships between entities at the local level, that is in the process of reflecting mechanisms of self-government.Another interpretation of the term involves an understanding of the discipline under him.Third - respectively, the scientific direction - in law.However, all three are interrelated interpretations.The fact that they share the main subject of municipal law - social relations that arise during the implementation of the administrative unit of government function.In each of the interpretations of this aspect anyway affected.
Our challenge is to study in detail the municipal law is the first treatment.How does it differ from other sectors of legal regulation?First of all, there is a special subject and specific methods of municipal law as a branch of law.Consider the corresponding category in more detail.
essence of the subject we are, in principle, set out above - a set of social relations that arise during the implementation of the functions of local government.However, this can be somewhat structured definition.The fact that the concept of "subject", "method of municipal law" - a composite phenomenon.How is it shown?For example, the subject can be said that it is formed by several basic structural units.Firstly, it is the right of municipal entities - people, officials, teams, organizations, etc.Secondly, it is the actions of those involved in the process of self-government.Third, it subjects the subjects of municipal law relationship.Some experts also distinguish the fourth structural element object appropriate branch of law - public events that shape factors of a relationship at the level of local government.
method branch of municipal law, as well as similar components of other spheres of legal regulation, is a method by which a person influences his rubber-stamp object or communicates itself to a similar structural unit.Thus, as those individual methods actuated in municipal law, in practice a lot.Therefore, to list them all too appropriate.We mention only their basic categories.
discretionary and mandatory methods
In particular, the basic methods of municipal law - mandatory, dispositive.Which one in the industry of legal regulation prevails?It is believed that since the local government in general, a public institution, then it is more characteristic of the mandatory practices.Their essence is that, firstly, it is supposed disparity between the entities forming relationships, and secondly, there are rules and regulations that are binding - usually at the level of laws.
As a rule, a system of municipal law includes the following mandatory methods.Firstly, it is a prescription.Its essence - the establishment of rules and algorithms for action addressed to legal entities, the violation of which (or a marked deviation) would be contrary to the law.Secondly, it is prohibited.Its essence - to establish limitations on actions that may make the subject of legal relations in the presence of accountability mechanisms.
discretionary methods of municipal law, in turn, are also divided into several varieties.Firstly, it is permitted.Its essence is that the legal entities vested with equal opportunities in terms of fulfillment of certain actions (as well as deciding not to carry out any activities).Permission may be of a certain character.In this case the subject may select an action from the proposed range.It is also possible indefinite permission - When the subject can do what he wants.Secondly, this negotiation.This method of legal regulation of municipal law suggests that the two subjects should come to a common understanding on certain issues.Third, it is the recommendation.This method assumes that the subjects of legal relations are desirable to perform certain behaviors from the perspective of the legislator.Fourth, it is encouraging.Its essence: if the subject of legal elect certain pattern of behavior, it can count on a certain preferences and privileges of legislators.
According to some experts, there is also another method, which includes municipal law as a branch of law.It is a mechanism of guarantees.But the essence of this method is mainly characterized by the relationship is not so much the subjects located within a municipality, many of the socio-political entity engaged in self-government, and the state.The basic idea here - the federal or national authorities guarantee the right of the municipality to implement the appropriate authority.
Municipal Law as a system
According to modern lawyers, municipal law creates a single system of norms and attitudes.Even at a relatively young state system configuration structure in Russia in our country and this pattern is present.The system of municipal law - a complex phenomenon.In its structure the following basic components.
Firstly, it is the democratic mechanisms that shape the process of local government.At this level, it identifies the main subjects of legal relations.Secondly, this resources of local self-government - the budget, territorial, personnel, etc.At this level, as a rule, it is determined by the capacity to perform certain activities of legal entities.Third, it is the powers of local authorities.At this level it is largely determined by what methods of municipal law can be applied in an advantageous manner.
Municipal Law as a branch of law implies the existence of the relevant legal sources that form a set of rules which fix and regulate the relations between the subjects of government.Among those sources may be constitutional, federal, state and local laws of the Russian Federation, decrees of the President, the decision of the Government.
sources of local law lawyers are classified into two main groups.
First, it is, as such regulations, which are one-sided, strong-willed order to address some or all of the subjects of legal relations officers.This type of sources, in turn, are divided into systematic, presenting a set of legal norms that affect the key shared by the majority of subjects matters, as well as industry - those that regulate processes in the individual segments.Some lawyers prefer to subdivide the regulations on the basis of their legal nature.In particular, the sources may be issued by the parliaments of the municipalities or be statutorily which publish executive authorities.There is another criterion for classification of legal acts - the level at which they are taken.The source of law can be issued by the federal authority, regional, municipal, or by one of the institutions of direct democracy - a referendum, the People's Assembly.
Secondly, a municipal legal agreements.They are agreements that regulate the level of authority of municipalities correlative with the management at the level of state power.Of course, the nature of the legal acts of the second type largely determines the nature of the first.In order to effectively manage some area, the municipality must have the appropriate authority.If, say, a certain city or area authority will select the right to decide issues such as those associated with the sphere of education, local regulations governing the relevant sector, the municipality developed in principle not be.
There are some researchers proposed classification criterion standards, depending on the level of their influence on the processes.Under this concept, the regulation is carried out on the following levels.
First, it is law that fixes the position of municipal authorities in the national political system, determine the structure of authority in the local socio-political units.It may be constitutional sources, federal laws and regulations.Also in this category of regulations experts are those that reveal the essence of relevance to the municipal law terms.
Secondly, it is law that capture the way should be formed the key institutions of government within municipalities - through elections or appointments, how long shall serve officials, what powers they have, what are their objects of reference.
Third, the norms guaranteeing the type.We said that this method of legal regulation of municipal law as a guarantee.The point here is, in most cases on the norms of the national or regional level that reflect the autonomy of local authorities in terms of the functioning of key local political institutions - the Parliament, the executive bodies and courts.
There are also rules fixing the responsibility of local authorities and officials.Municipalities are accountable both to their own citizens, and the state as a whole.In some cases, the law determined by the accountability mechanisms of local authorities, and also the organizations.
objectives of municipal law
essence and the basic methods of municipal law we studied.Let us now consider a caveat - goals that determine the need for legislative regulation of the functioning of the institutions of local government.As well as the corresponding task.
To begin the study, what is the main purpose of the Institute of municipal management.According to the common point of view, it is to increase the level of livelihood of citizens living within the local socio-political entity - city, district, rural settlement.Correlative to this end, there are a number of key tasks, such as, for example, the development of social infrastructure, local economy, nature protection, improving employment and so on. D. To these tasks to perform and achieve, so the target, local authorities are utilizedmanagement mechanisms.Actually, they are determined by the specific legal provision of municipal law.Thus, the main goal of municipal law - legal support of the local authorities, the legitimization of management procedures.
Municipal Law and other areas of regulation
How correlated municipal law and other segments of the legislation?According to many lawyers, the industry in question belongs to the category other.Subject and method of municipal law, therefore, secondary in relation to similar events in other segments laws.They are the result of evolutionary changes in the mechanisms of local government.Interacting with the municipal branch of law - constitutional (it identifies key start affecting the mechanisms of self-government), administrative, civil, labor, financial and others.
Speaking of constitutional law, it is largely responsible for the level of authority possessed by the local authorities.We have called the listing methods of municipal law, the method guarantees.It is largely based on the action of the constitutional provisions.Administrative law - also among the sectors most closely correlative with the municipal.What is the reason?The fact that one of the key features of the local authorities - administrative personality.That is, the mayor's office, city councils and other structures of power at the municipal level can use in their work and administrative legislation, to impose appropriate penalties on citizens or officials.Civil, in turn, the right is also working closely with municipalities.The main area of their relationship - the normative provisions of the laws that determine the civil status of the socio-political units, as well as specific controls, it established.
Municipal Law as a science
We have identified that the term "municipal law" can also be understood as a scientific discipline.We will study this aspect.Municipal law - an area of jurisprudence.In Russia, according to many experts, it is a separate business segment in the 90s.Although the problems associated with the process of local government, has a long history.Prototypes of modern municipalities existed in the Russian Empire, a sort of resemblance to these were also the Soviets in the Soviet Union - the relevant historical experience of modern researchers of law is also taken into consideration.Moreover, key sources, reflecting the essence of the relevant industry, affected the criteria that enabled modern researchers to identify the subject and method of municipal law, many Russian law schools are books published it in the Russian Empire.However, the researchers pre-revolutionary times, as experts believe, is not isolated industry in question, an independent scientific discipline.Relevant issues touched mainly at harnessing the methods of public and administrative law.
As we said in the beginning, in the USSR the municipal processes in the modern sense is actually absent.However, Soviet scientists have also formed a valuable experience for the Russian researchers in the aspect of the study of issues related to the activities of legal entities at the local level.What methods of municipal law as a science are utilized modern Russian scientists?As a rule, they are divided into general science - like dialectic, specification, system method, and special - it is a statistic, historical and legal analysis, legal and logical investigation, etc.Toolbox Russian researchers are constantly being improved.