Coursework: Municipal control. The control system in the management of the municipality and the management of the structure of municipalities

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Table of contents

• Introduction
• Conclusion
• List of used literature

Introduction

Relevance. The practice of state and municipal management shows that the control function is still not sufficiently studied, despite the fact that managers at different levels begin to exercise the control function from the very moment when they formulated the goals and objectives of the organization.

Effective managerial control is created on the basis of its connection with the strategic planning process. It provides oversight of the implementation of strategic plans so that managers can determine how well the plans are being implemented and where changes or adjustments need to be made. Control as a function of management and as a specific kind of activity has a complex structure and manifests itself in various aspects, which determines the different characteristics of its concept. Currently, there are a large number of definitions of the concept of "control", "function of control", "concept of control" by both domestic and foreign authors. For example, Rusinov F.M. gives the following definition of control. "Control - as the main function of management - combines the types of management activities related to the formation of information about the state and functioning of the control object (accounting), the study of information about the processes and results of activities (analysis), work on the diagnosis and evaluation of development processes and the achievement of goals, efficiency strategies, successes and miscalculations in the use of management tools and methods.

R.I. Krinitsky considers control as “the process of monitoring and verifying the production and financial and economic activities of enterprises, carried out by the relevant management entities in order to identify deviations from the established parameters of this activity, eliminate and prevent negative phenomena and trends.

A well-known specialist in the field of control E.A. Kocherin considers control as "the final stage of the control process, the core of which is the feedback mechanism."

Parakhina V.N., Maksimenko L.S., Panasenko S.V. control is considered to ensure that the actual results obtained are as close as possible to the required or desired. According to Bolshakov A.S. and Mikhailova V.I., "control is a management function that performs a stabilizing role in the control loop.

Analyzing the statements of only the above domestic authors, we can conclude that control is the most important function of management, which provides the ability to manage the activities of society and its organizations, as well as the socio-economic relations that develop in it.

Practice shows that in the system of state and municipal government, the control mechanism is a form of implementation of the feedback mechanism. It is known that effective management at any level means acting purposefully, striving to achieve the set goal, and therefore the control mechanism is an integral part of the management mechanism. As a result of well-organized control, feedback is carried out between the object of management represented by enterprises, organizations and firms and the subject of management, representing the state and municipal apparatus.

The control mechanism operates at all stages, in all subsystems of state and municipal government.

The effectiveness of the functioning of the management system largely depends on the effectiveness of the control mechanisms. All this indicates that control is given a key place in the system of state and municipal government.

Purpose of the study- consider the types and principles of control in the system of municipal government.

Research objectives:

Consider the meaning and types of control in the municipality.

Analyze the principles and methods of control in the municipality.

Determine the features of public control in the municipality.

To study the concept and forms of coordination in the activities of regional and municipal governments.

Object of study- the fundamental characteristics of the activities of municipal government.

Subject of study- control in the system of municipal government.

Theoretical basis This work was served by the works of such authors as: Knorring V.I., Gomola A.I., Gomola I.A., Borisova E.V. and others.

Research methods: literature analysis, observation.

Work structure: the work consists of an introduction, two chapters, a conclusion and a list of references.

Chapter 1. The control system in the municipality

1.1 The meaning and types of control in the municipality

Control serves as one of the components of the management cycle, acting as a feedback element that signals the subject of management about the results of its impact on the object. Control in a municipality is understood as checking the compliance of the quantitative and qualitative characteristics of objects and processes with the established (planned, regulatory) requirements Surkina F.Zh. Introduction to the specialty "State and municipal management": Textbook. - St. Petersburg: Peter, 2008. - p. 86. .

This control is focused on compliance with state and municipal norms and standards, based on the principles of legality, planning, completeness and reliability of information, targeted use of municipal property and financial resources, and the effectiveness of control activities.

The need for control in the municipality is associated with the uncertainty inherent in any management decision. There is always a time gap between the planned and actual development of the situation, which can cause deviations from the plan. The essence of control is to obtain information about the actual state of the control object and the compliance of the results obtained with the expected ones. As a result of control, not only shortcomings in the implementation of the decisions taken can be revealed, but also shortcomings in the decisions themselves.

Often the results of control are the basis for the heads of local self-government bodies to correct previously adopted plans and decisions.

There are different classifications of types of control in municipal government (Fig. 1).

The most important is the division of control into external (state), internal, carried out by local governments, and public.

The duration of monitoring can be periodic and continuous.

Continuous monitoring is usually associated with the use of technical controls.

Figure 1. Types of control in a municipality

But scale control can be general and particular (detailed). General control is carried out on the basis of knowledge about deviations from the control figures Chirkin V.E. System of State and Municipal Administration: Textbook. - M.: Norma, 2009. - p. 146. .

With private control, the controller examines all the little things, details, checks every step of the performer.

According to the time factor, control is divided into preliminary, current (intermediate) and final. Preliminary control is carried out before the start of work. Their compliance with the established requirements, rules and available resources is monitored: human, material, financial. Current or intermediate control is carried out in the course of the direct implementation of the adopted plans and decisions and is based on a comparison of the actual results of work with the planned ones. It allows you to identify emerging deviations in the course of work and make corrective decisions. Final control is carried out after the work is done. At this stage, there is no opportunity to influence the progress of work, but the results of the control are taken into account in subsequent work.

According to the form, control is divided into control of documentary data, hearing reports from managers and performers of work, and interviews with them.

On the subject, they distinguish the control of current results, the control of the execution of administrative documents, the control of the activities of structural divisions and services. Control of current results is based on the assessment of the degree of achievement of the set goals. Control over the execution of administrative documents includes control over the exact interpretation, observance and execution of the requirements established by these documents. Monitoring the activities of municipal government structures is a check of the goals, objectives, functions, organizational structure, working methods, professional qualities of employees Kail Ya.Ya. The system of state and municipal management: Textbook. - Rostov-on-Don: Phoenix, VolGU, 2009. - p. 143. .

The main components of the control process:

development of standards and criteria by which control is carried out (if such have not been established earlier);

comparison with these standards and criteria of real results;

implementation of corrective actions.

1.2 Principles and methods of control in the municipality

When organizing a control system in a municipality, it is advisable to adhere to the general and particular principles shown in Figure 2. The general principles of control are based on its socio-political aspects, while private ones reflect the organizational and technical side.

Figure 2. Principles of control in the municipality system

Control methods include:

analysis of documents characterizing the object of control, work plans, reports, decisions, etc.;

reports of officials at meetings;

study of objects of control on the spot;

certification of employees for compliance with their positions.

Control should be timely and flexible, focused on solving the tasks assigned to the organization.

Continuity of control is ensured by a specially developed system for monitoring the progress of work implementation and decisions made. For more effective control over the execution of a large number of works and decisions made, it is advisable to use tools such as network and tape charts, Gantt charts, matrix schedules, etc. Khalikov M.I. The system of state and municipal management: Textbook. - M.: Flinta, MPSI, 2008. - p. 209.

The effective functioning of the municipal control system is impossible without modern computer technology and modern systems for supporting and accompanying the process of developing (making) managerial decisions.

Many local administrations have carried out computerization of control, for which information about each decision put under control is entered into a data bank and appropriate programs for working with this bank are created. An automated system for monitoring the execution of documents significantly increases the efficiency of management, allows you to receive information about the progress of the execution of documents at any time.

1.3 The system and bodies of municipal control

Internal control in the municipality is divided into:

representative, carried out by representative bodies and created in accordance with the Federal Law of 2003 by the control bodies of the municipality;

administrative, carried out by the management of the administration and its structural divisions.

The representative body of the municipality, in accordance with the Federal Law of 2003, is endowed with exclusive powers to control the execution by bodies and officials of local self-government of the powers to resolve issues of local importance. The main objects of control by the representative body are control over the observance of the rights of citizens on the territory of the municipality, the implementation of local development plans and programs. Each deputy, meeting with his voters, considering their complaints and appeals, thereby performs control functions. As part of a representative body, committees or commissions aimed at performing control functions can be created.

An important component of representative control is control over the use of budgetary funds and over the management of municipal property owned by the local community. Given that the implementation of such control requires professional qualifications (including in the field of finance and accounting), the Federal Law of 2003 provides for the creation of a special control body of the municipality for these purposes.

The control body of the municipality (chamber of control and accounts, revision commission, etc.) is formed either at municipal elections or by the representative body of the municipality in accordance with its charter. The powers of the supervisory body include control over the execution of the local budget, compliance with the established procedure for the preparation and consideration of the draft local budget, a report on its implementation, as well as control over compliance with the established procedure for managing and disposing of municipal property. The results of inspections carried out by the control body of the municipality are subject to publication (promulgation). Bodies and officials of local self-government are obliged to submit to the control body of the municipality, at its request, the necessary information and documents on issues within their competence Chirkin V.E. System of State and Municipal Administration: Textbook. - M.: Norma, 2009. - p. 149. .

The current Federal Law of 1995 also provided for the representative body of the municipality the appropriate control powers, but the mechanisms and procedures for their implementation were not established.

The deputies practically did not have the opportunity to counteract the misuse of budget funds. Often they lacked the qualifications to detect violations in a timely manner. The norms of the Federal Law of 2003, the creation of competent municipal control bodies, and the provision of publicity of the results of inspections make it possible to radically improve the system of representative control in the municipality.

Administrative control is carried out by the executive bodies of the municipality in various forms. The heads of the structural divisions of the administration are obliged to exercise control over the actions of their subordinates in terms of the legality of their actions, the necessity, expediency and effectiveness. This form of control includes the right to issue orders, directives, directives, change or cancel decisions made by subordinates. The text of each decision taken should indicate those responsible for execution, the deadlines for execution and the person responsible for monitoring execution. General control over the execution of decisions in the administration is usually carried out by the head of the apparatus.

The administration of the municipality is obliged to ensure not only internal control over the implementation of its decisions, but also control over the implementation of decisions of local governments by all citizens, enterprises and organizations located in the territory under their jurisdiction.

1.4 Public control in the municipality

The municipal government is elected by the population, acts on its behalf and in its interests, and cannot be controlled by the population. Public control is carried out by citizens, public organizations and movements by applying to local governments, state, judicial and other bodies. Public control allows you to identify illegal or harmful to citizens of the actions of local authorities.

The Federal Law of 2003 speaks of the right of citizens to individual and collective appeals to bodies and officials of local self-government, the obligation of the latter to ensure that citizens receive complete and reliable information about the activities of local self-government bodies, as well as the obligation to hold public hearings on a number of issues of local life. However, the Law says nothing about the right of citizens to exercise control over the activities of bodies and officials of local self-government. Appeals, publicity, public hearings are important conditions for control, but not yet control itself. At the same time, the Federal Law on Ecological Expertise, the Town Planning Code of the Russian Federation and the Land Code of the Russian Federation contain direct norms providing for public participation in the adoption of relevant decisions Kail Ya.Ya. The system of state and municipal management: Textbook. - Rostov-on-Don: Phoenix, VolGU, 2009. - p. 156. .

The charters of many municipalities provide for the right of citizens to participate in the discussion of draft city legal acts, draft plans and programs for the socio-economic development of territories, budgets, to participate in meetings of the representative body and its commissions, etc. However, there are usually no mechanisms for exercising these rights. Meanwhile, public control and public expertise of the activities of local governments are necessary on the widest range of issues both at the stage of developing plans and projects, and at the stage of their implementation.

Often, local administrations have a negative attitude towards public control over their activities and are not focused on cooperation in this area.

Most municipal officials believe that the representative power already performs these functions in relation to the executive power, and the population can participate in this process only through its deputies (in particular, through deputy mandates). Public control implies something completely different - complete transparency and openness of local authorities: you just do what we (the residents) hired you for, and we will look after you.

In some cities, public control bodies (groups, committees, commissions) have already been created over the activities of bodies and officials of local self-government.

However, their legal status is not defined by law.

It is necessary to include in the charters of municipalities clauses on the forms of citizens' control over the activities of bodies and officials of local self-government and on specific mechanisms of public control.

Chapter 2. Coordination and control in the system of relations between regional and municipal authorities in the Russian Federation

2.1 The concept and forms of coordination in the activities of regional and municipal governments

Coordination is the most important method of relationships between organizationally non-subordinate subjects of management activity. As a type of managerial communication, it has an organizing character and is aimed at coordinating actions and uniting the efforts of those whose activities are coordinated. The coordination relationship is based on the mutual interest of the subjects: even if the participants in the relationship have different needs, the coordination process creates conditions for the formation of a common need for harmonization of interests, which contributes to the development of a common interest. Coordination is mutual in nature: it is not only direct, but also feedback, i.e. both sides act as active actors. It is no coincidence that therefore the coordination relations that arise between the governing bodies can be considered within the framework of the category “cooperation” Odintsov AA, State and municipal administration. Introduction to the specialty: Textbook. - M.: Exam, 2007. - p. 97. .

Despite the important role of coordination in the system of relations between state and municipal bodies, this managerial category has not received appropriate legal consolidation at the federal level. The Federal Law “On the General Principles of Organizing Local Self-Government in the Russian Federation” dated August 28, 1995 No. 154-FZ uses this term only to characterize the relations of local authorities with economic entities that are not in municipal ownership (clause 2 of Article 32) and horizontal ties arising between municipalities when creating associations and unions (clause 1, article 10). As for the relationship “public authority - local government”, the federal legislator prefers to use the category “assistance” to characterize them (art. 9) The regional laws on local self-government speak more specifically about coordination and cooperation.For example, in the Irkutsk Law on Local Self-Government, the principle of cooperation is named as fundamental when characterizing the interaction between regional and local authorities (clause 1 of article 73) Gomola A .I., Gomola I.A., Borisova E.V. Legal basis of state and municipal foot control: Study guide. - M.: Academy, 2009. - p. 112. .

As can be seen, in the regional legislation, the coordination forms of interaction between the executive bodies of state power and the executive bodies of local self-government (that is, the bodies of regional and municipal government in a narrow special sense) are considered in the general context of the relationship between regional and municipal bodies. This also explains the fact that the review below analyzes the forms of coordination in the system of relations not only between executive bodies, but also among others. Without such a general approach, it is impossible to understand and evaluate the place of coordination links in the system of regional and municipal governments.

An analysis of federal and regional legislation, as well as management practice, shows that the coordination links that develop between regional and local authorities are implemented in the following forms:

1. Information exchange. This form of coordination concerns practically all spheres of relations between state authorities of the constituent entities of the Federation and local governments. However, the regional legislator usually attaches special importance to mutual informing about the adopted legal acts. In this regard, the Irkutsk Law on Local Self-Government establishes the obligations of regional and local authorities to send each other adopted acts within the established time limits (Article 78).

2. Carrying out consultations by public authorities with local governments. This form of coordination is also enshrined in the European Charter of Local Self-Government*, which says: “It is necessary to consult with local governments, as far as possible, in a timely and appropriate manner in the process of planning and making any decisions directly related to them” (paragraph 6, article 4 ). The methods and procedure for conducting such consultations can be quite diverse: participation of local government representatives in meetings of regional government bodies; submission by a regional body of an issue for discussion at a meeting of a local self-government body; holding a coordination meeting with the participation of representatives of interested local governments; discussion of the issue at a meeting of a joint working or consultative and advisory body operating under the regional government; organization of consideration of the issue at associations of municipalities, etc. Regional laws do not contain a specific list of ways to consult with local governments on issues affecting their interests, limiting themselves to only the most general guidelines. For example, paragraph 4 of article 78 of the Irkutsk Law states that “the state authorities of the region discuss with local authorities legal acts on local self-government issues adopted within the competence of the state authorities of the region.” The Sverdlovsk legislator indicates more specifically that that “the executive bodies of state power of the Sverdlovsk region, when making decisions regarding municipalities, consult with them and take into account their proposals” (clause 3, article 45 of the Sverdlovsk Law on Local Self-Government) Fundamentals of Management. State and municipal administration. Crisis management. Personnel Management. Management: Textbook / Edited by A.V. Surin. - M.: KDU, 2008. - p. 152. .

3. Coordination of legal acts or actions. This form is implemented both within the framework of direct (state authorities of the subjects of the Federation coordinate the acts and actions of local governments) and feedback (the local authority “gives the go-ahead” to the actions or decisions of state bodies). For example, in accordance with the Russian urban planning legislation, territorial integrated schemes for urban planning for the development of the territories of the constituent entities of the Russian Federation and parts of the territories of the constituent entities of the Russian Federation are developed and approved by state authorities of the constituent entities of the Russian Federation in agreement with the interested local authorities, and territorial integrated schemes for urban planning for the development of territories of municipalities, general plans for urban and rural settlements - by the relevant bodies of local self-government in agreement with the interested executive authorities of the Russian Federation and the subjects. The state authorities to coordinate with local governments measures related to a possible change in the environmental, radiation, demographic, epidemiological and epizootic situation are contained, for example, in the Yakut Law on Local Self-Government (clause 4, article 13). Compared to the previous form of coordination, “consent” is a more “effective” form, since it involves the adoption of a legally binding decision. The absence of such a decision (i.e., agreement) can serve as an obstacle to making a legal act or action binding. Together However, the legal nature of such “consent” is not yet completely clear.

4. Coordination by local governments of the appointment of individual state officials on the territory of the municipality. We are talking about the heads of the territorial divisions of those federal and regional executive authorities whose activities are somehow connected with the solution of issues of local importance. For example, in accordance with the Regulations on the State Committee for Environmental Protection of the Irkutsk Region, agreed by the Governor of January 6, 1998 No. 3-p, the appointment to the position, as well as the dismissal of the heads of local environmental authorities, is carried out by the Chairman of the State Committee for Nature Protection of the Irkutsk Region in agreement with local governments (clause 14.3). The participation of local governments in the appointment of the heads of these structures is important, because it allows from the very beginning to organize the coordinated work of state and municipal bodies in the field of nature protection: after all, “participation in environmental protection on the territory of the municipality” also applies to issues of local importance (Subclause 29, Clause 2, Article 6 of the Federal Law on Local Self-Government.) At the same time, this form of coordination has not yet received due development in management practice.

5. Conclusion of contracts (agreements). The conclusion of agreements between state authorities of the subject of the Federation and local governments as a form of coordination and cooperation has become quite widespread, not only in regional, but also in federal legislation. So, for example, in accordance with the Urban Planning Code cited above, the procedure for the participation of a constituent entity of the Federation in the implementation of a territorial integrated scheme for urban development of a municipality, as well as in the implementation of the master plan for a settlement, is determined by the constituent entity of the Russian Federation “by agreement with the relevant local authorities” (clause 4 of Art. 34, paragraph 10 of article 35). As for regional laws, they, as a rule, at least in general terms, indicate the possibility of concluding cooperation agreements both between municipalities (horizontally) and between local governments and state authorities (vertically) Gomola A.I. ., Gomola I.A., Borisova E.V. Legal foundations of state and municipal government: Textbook. - M.: Academy, 2009. - p. 125. .

6. Carrying out conciliation procedures to resolve disagreements. All regional laws in one way or another mention conciliation procedures as a form of coordination between regional and local authorities to resolve emerging disagreements, which can be used before the parties go to court. Conciliation procedures are discussed both in general terms and in relation to the solution of specific issues. For example, the Irkutsk Law specifically deals with conciliation procedures related to the determination of the optimal boundaries of municipalities (part 1, article 9). Conciliation procedures involve a whole range of activities - the creation of conciliation commissions; holding consultations, meetings with the participation of representatives of the disputing parties, etc.

7. Creation and operation of joint bodies. We are talking about bodies consisting of both representatives of state authorities and local self-government. This form is implemented both during conciliation procedures or consultations, and “to resolve other issues, develop and implement long-term plans and programs, organize constant interaction between regional and municipal bodies.” These are coordinating, consultative, conciliatory, advisory and other working bodies as temporary and permanent ones.

8. Creation and activity of local self-government representations (consultative bodies) under regional authorities. These bodies, by their nature, are advisory and advisory, consist only of representatives of local self-government, however, their work is organized by the regional government bodies under which they operate. The Irkutsk Law on Local Self-Government mentions in this connection councils of chairmen of representative bodies of local self-government, councils of heads of municipalities (councils of mayors). Various options for the organization of such bodies are allowed - as independent associations of local governments or as associations "under the state authorities of the region" - the governor and the Legislative Assembly (paragraph 1 of article 21).

9. Right to apply. Bodies and officials of local self-government have the right to send proposals and other types of appeals to state authorities of the subjects of the Federation. These appeals, in accordance with paragraph 1 of Article 45 of the Federal Law on Local Self-Government, are subject to mandatory consideration by the relevant authority. Moreover, regional laws usually specifically stipulate the obligation of state bodies to give a reasoned response to an appeal and consider it within the period established by law (for example, thirty days) Knorring V.I. Fundamentals of state and municipal government: Textbook. - M.: Exam, 2005. - p. 137. .

10. The right of legislative and law-making initiative of local governments. This right is a special form of exercising the right to appeal and therefore is usually fixed separately in federal and regional legislation. According to paragraph 2 of article 45 of the Federal Law on local self-government, representative bodies of local government have the right to initiate legislation in the legislative (representative) body of a constituent entity of the Russian Federation. Regional laws usually give this right also to the heads of municipalities. Finally, representative bodies of local self-government and elected officials have the right to apply to the legislative and executive bodies of state power with the initiative to adopt not only laws, but also other normative legal acts within the competence of the latter. This right was, for example, enshrined in Article 77 of the Irkutsk Law on Local Self-Government.

2.2 The concept and forms of control of regional authorities over local governments

State control over local self-government is carried out both at the federal and regional levels of government and, according to the subject of control activity, can be divided into the following types:

control over compliance with laws on local self-government, carried out by legislative (representative) bodies of state power - respectively, both of the Federation and its subjects;

control of federal and regional executive authorities over the legality of local self-government;

prosecutor's supervision over the observance of the rule of law in the activities of bodies and officials of local self-government;

judicial control;

control exercised by other independent state bodies.

Each of the listed types of control over local self-government has its own specifics, its own “set” of forms or tools, which is due to the peculiarities of the status and powers of state authorities that carry out control activities. In this regard, control by federal and regional executive authorities of both general and special competence can be characterized as administrative. In a broad sense, prosecutorial supervision can also be considered a kind of administrative control, since the system of prosecutorial bodies, in terms of the nature of its functions, powers, organizational structure, and methods of activity, forms a kind of “subsystem of executive authorities”. Without going into details of administrative control (including prosecutorial supervision) at the federal level, we will consider the features of the content and forms of implementation of administrative control over local government, carried out by regional authorities Knorring V.I. Fundamentals of state and municipal government: Textbook. - M.: Exam, 2005. - p. 146. .

This control is primarily of a legal nature and is a verification of the implementation by municipal bodies of laws and other regulations. In accordance with paragraph 2 of Article 8 of the European Charter, “any administrative control over the activities of local governments, as a rule, pursues only the goal of ensuring compliance with the rule of law and constitutional principles.” In a broad sense, within the framework of legal control, one should also consider forms of participation of regional government bodies in bringing local government bodies and officials to legal (and especially state-legal) responsibility. In this regard, it seems quite logical to present the issues of responsibility of local governments and control over their activities in one chapter - as is done in Chapter 7 of the Federal Law on Local Self-Government. Many regional laws on local self-government have also adopted this approach to fixing issues of control and responsibility.

At the same time, the very forms of legal control over local self-government by the regional authorities have not been systematically fixed in the legislation of the subjects of the Federation. This also explains the insufficient elaboration of these forms in practice. Summarizing the principles of relations between regional and municipal bodies laid down in the legislation, we can single out the following forms that do not contradict the law and the nature of legal control, which can be applied by regional governments in order to achieve these tasks:

registration of a normative legal act of local self-government: we are talking about the charters of municipalities, the registration procedure for which is established by the subjects of the Federation; the latter, therefore, have the right to independently determine the body that will carry out such registration, and, accordingly, entrust the registration function to a specially authorized executive body of the subject of the Federation;

approval of the normative-legal act of local self-government;

approval of regulatory legal acts of local self-government bodies;

appeal against a legal act of local self-government (actions of a body or official);

suspension of powers of a body (official) of local self-government.

A slightly wider range of means provides a different type of administrative control - control over the implementation of delegated state powers by municipal bodies, which can be characterized as sectoral (subjective). As a result of such control, both the legality and the efficiency and expediency of the activities of municipal governments are assessed. According to the already cited paragraph 2 of Article 8 of the European Charter of Local Self-Government, “administrative control may also include expediency control carried out by higher authorities in relation to the tasks the performance of which is entrusted to local authorities”.

Forms of sectoral control are usually fixed not only in general regional laws on local self-government, but also in special laws of the constituent entities of the Federation on the procedure for vesting local self-government bodies with separate state powers. So, for example, the Law of the Irkutsk region “On vesting local governments with certain state powers of the Irkutsk region” dated October 9, 1998 No. 42-03 provided for the following forms of control over the implementation of powers delegated in the order of vesting:

requesting the necessary information related to the implementation of state powers (Article 20);

hearing reports of heads of executive bodies of local self-government (Article 20);

conducting inspections of the targeted use of objects of regional property and financial resources transferred to local governments (Article 21);

suspension of legal acts of local self-government bodies adopted in violation of the law on the implementation of certain regional state powers, until a court decision is made (Article 19).

As sanctions for non-fulfillment or improper fulfillment of state powers that can be applied to local government bodies by state authorities, they are called: compensation for damage by local government bodies caused as a result of misuse of objects of regional property and transferred financial resources (Article 17) and withdrawal certain state powers (Articles 12, 13) Roy O.M. The system of state and municipal management: Textbook. - St. Petersburg: Peter, 2007. - p. 158. .

2.3 State guarantees of the rights of local self-government, responsibility of bodies and officials of local self-government, control of their activities

In accordance with the Federal Law of 2003 (Article 3), federal state authorities and state authorities of the constituent entities of the Russian Federation provide state guarantees for the rights of the population to exercise local self-government.

These rights may be limited by federal law only to the extent necessary to protect the constitutional order, morality, health, rights and legitimate interests of citizens, to ensure the defense of the country and the security of the state.

The system of state guarantees of the rights of local self-government includes general and special guarantees. Under the general understand the legislative norms that guarantee the observance of certain rights. As examples of general guarantees, one can cite such legislative provisions as the inadmissibility of resolving issues about the territories and boundaries of municipalities without taking into account the opinion of the population, the inadmissibility of local self-government by public authorities, social guarantees for municipal employees, the right to create associations and unions of municipalities, the right municipalities on their own symbols, etc.

Special (legal) guarantees determine the possibility of legal protection of general guarantees, i.e. specific mechanisms for judicial and other protection of those rights and powers of local self-government that are covered by general guarantees.

Article 11 of the European Charter of Local Self-Government proclaims that local self-government bodies should have the right to judicial protection to ensure the free exercise of their powers and compliance with the principles of local self-government enshrined in the constitution and legislation of the country. Citizens, bodies and officials of local self-government have the right to bring claims to a court or arbitration court for the invalidation of acts of state authorities, state officials, other bodies and officials of local self-government.

The issue of judicial protection of the rights of local self-government cannot be resolved without a reform of the judicial system, which cannot cope with the huge number of cases that arise in the practical application of local self-government legislation. Many judges do not have the proper qualifications in matters of municipal law, therefore, as part of the reform of the Russian judicial system, it seems appropriate:

to create in all subjects of the Russian Federation statutory (constitutional) courts, and in the courts of general jurisdiction of subjects of the Russian Federation - collegiums on state and legal issues;

introduce the specialization of judges in matters of municipal law;

systematically summarize judicial practice in cases of local self-government rights Mukhaev R.T. System of State and Municipal Administration: Textbook. - M.: Unity-Dana, 2010. - p. 162. .

Along with the guarantee of rights, the Federal Law establishes the responsibility of bodies and officials of local self-government for their actions. Responsibility in this case is understood as the onset of adverse legal and other consequences for these bodies and officials for their illegal decisions, failure to perform or improper performance of their duties and functions. The law provides for three types of responsibility of bodies and officials of local self-government:

before the population of the municipality;

before the state

to individuals and legal entities.

Responsibility to the population comes as a result of actions or inaction of bodies and officials of local self-government, which led to the loss of confidence in them on the part of the population. The result may be early termination of the powers of elected bodies and officials and other measures determined by the charter of the municipality.

Responsibility to the state arises in case of violation by the bodies and officials of local self-government of the Constitution and laws of the Russian Federation and the constituent entities of the Russian Federation, the charter of the municipality. At the same time, responsibility for the exercise by local self-government bodies of certain state powers comes only to the extent that they are provided by the relevant state authorities with material and financial resources.

The federal law of 2003 provides for a special procedure for exercising the responsibility of bodies and elected officials of local self-government to the state. The legislative body of the constituent entity of the Russian Federation in relation to the representative body of local self-government, and the head of the supreme executive body of the constituent entity of the Russian Federation in relation to the elected head of the municipality, have the right to early termination of the powers of the latter. This is possible if the court recognizes that the normative acts adopted by the indicated bodies and officials of local self-government do not comply with the law, and the committed illegal acts are not canceled by them within the established time limits after a written warning.

The federal law of 2003 also provides for the possibility of temporary exercise of certain powers of local self-government bodies by state authorities of the constituent entities of the Russian Federation. Such a situation may arise if, as a result of decisions, actions or inaction of local governments, the municipality turns out to be insolvent or if, in the exercise of state powers by local governments, misappropriation of budgetary funds received from subventions is allowed. Violation of the current legislation must be established by the court.

Responsibility of bodies and officials of local self-government to individuals and legal entities occurs when they violate someone else's legal rights and interests, cause property and moral damage, fail to comply with the terms of economic contracts and agreements, etc.

Liability in this case comes in accordance with civil law. Without interfering in the resolution of issues of local importance, the state at the same time cannot but control the bodies and officials of local self-government.

The principles and limits of control are determined by Article 8 of the European Charter of Local Self-Government. According to them, any administrative control should:

be carried out only in the forms and cases provided for by the constitution or law;

be intended only to ensure the rule of law and constitutional principles;

carried out in such a way that the degree of intervention of the supervisory authority is commensurate with the importance of the interests to be protected.

These principles do not exclude the control of the state over the implementation by local governments of the state powers delegated to them.

General supervision over compliance with the law by bodies and officials of local self-government is entrusted to the Prosecutor's Office of the Russian Federation. In the event that municipal legal acts are found to be contrary to the law, the prosecutor of the appropriate level is obliged to bring a protest against these acts to the body or official that adopted them. The protest is subject to consideration within 10 days or at the next regular meeting of the representative body of local self-government. If the protest is rejected, the prosecutor has the right to apply to the court.

Compliance with the legislation of the charter of the municipality is controlled by the body of justice, which is entrusted with the registration of the charter.

Authorized bodies of state power control the exercise by bodies and officials of local self-government of the individual state powers transferred to them.

Control over the activities of bodies and officials of local self-government in certain areas of municipal activity is carried out by special state control bodies: financial, sanitary and epidemiological, land, environmental (they even have their own prosecutor's office), water, fish, forest and other control and supervision.

Within their competence, the supervisory authorities have the right to:

send recommendations and methodological materials to the bodies and officials of local self-government in order to solve the tasks assigned to them;

upon detection of violations or failure to fulfill the tasks and obligations assigned to local self-government bodies, send them appropriate instructions;

issue and send notices of objection to their decisions and actions (inaction) to local self-government bodies and officials and recommend, based on reasons of expediency and efficiency, to cancel or change these decisions and actions (inaction) within a certain period of time;

to introduce, in cases where local governments, local government officials do not comply with the recommendations of the state special supervision body, submissions to the prosecutor's office within the established time limits.

Bodies of state special supervision do not have the right to interfere in the affairs of the local community outside their competence. They also do not have the right to give orders to the bodies and officials of local self-government to solve local problems.

The financial control bodies included in the system of the Ministry of Finance of the Russian Federation exercise financial control over the targeted spending of budget funds.

Judicial control is designed to ensure the rule of law, impartiality, justice. It is the most formalized, is based solely on legal arguments and is carried out by all types of courts. Judicial control over local self-government bodies is necessary to protect citizens and legal entities from mistakes and illegal decisions of these bodies. Decisions made by direct expression of the will of citizens, decisions and actions (inaction) of bodies and officials of local self-government may be appealed to a court or arbitration court in the manner prescribed by law. Mukhaev R.T. System of State and Municipal Administration: Textbook. - M.: Unity-Dana, 2010. - p. 201.

The most common cases of judicial appeal against decisions of local governments are the introduction of various local taxes and fees not provided for by law, restrictions on the import or export of certain goods (for example, alcoholic beverages), violations observed during the privatization of municipal property, the allocation of land plots for development, etc. .P. Plaintiffs in courts are individuals and legal entities whose legal rights are violated by decisions of bodies and officials of local self-government, as well as prosecutors in case their protests are rejected.

Conclusion

Having considered the topic of our study, we can draw the following conclusions.

In practical activities, an important role is assigned to state control and supervision of local governments. Without interfering in the resolution of issues of local importance, the state at the same time cannot but control the activities of bodies and officials of local self-government. At the same time (according to Article 8 of the European Charter of Local Self-Government), any administrative control should be exercised only in the forms and cases provided for by the Constitution or the law; be intended only to ensure the rule of law and constitutional principles; carried out in such a way that the degree of intervention of the supervisory authority is commensurate with the importance of the interests to be protected. These principles do not exclude the control of the state over the implementation by local governments of the state powers delegated to them. General supervision over compliance with the law by bodies and officials of local self-government is entrusted to the Prosecutor's Office of the Russian Federation. In case of detection of legal acts of local self-government that contradict the law, the prosecutor of the appropriate level is obliged to bring a protest against these acts to the body or official that adopted them. The protest is subject to consideration within 10 days or at the next regular meeting of the representative body of the municipality. If the protest is rejected, the prosecutor has the right to apply to the court.

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Municipal and public land control. Types of land control. Legal regulation of the procedure for exercising municipal land control and the powers of local governments in the field of land control in the Russian Federation.

Municipal control is carried out in accordance with Federal Law No. 131-FZ, Federal Law No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control" (hereinafter - Federal Law No. 294-FZ), other federal laws, laws of subjects of the Russian Federation and legal acts of municipalities.

According to the Ministry of Economic Development, municipal control accounts for only 1% of the total volume of control and supervision activities of public authorities of the Russian Federation. Among the types of municipal control

only land and financial control is exercised most actively. Other types of municipal control are carried out to a very limited extent or not at all. Quite typical is the situation when in a municipality one type of control is chosen, which is carried out more or less completely, while other types of control are either not carried out at all or on an extremely limited scale. In addition, only a small part of the total number of controlled objects is checked due to lack of funds. To this it should be added that inspections in the settlements are carried out by a commission of specialists who, along with carrying out inspections, perform other duties. The effectiveness of such control is low. In this regard, the practice of transferring authority for control (primarily land control) from settlements to municipal districts is being formed. As a rule, at the district level there is an inspector position, for which the implementation of control is the main or only (profiling) function.

Thus, in fact, at present, the system of municipal control is not effective enough, and sometimes it has not taken place, especially at the level of settlements. This situation is due to a number of reasons related both to the gaps and contradictions in the legal regulation of municipal control, and to the lack of organizational, human, financial resources for its implementation at the local level.

1. Uncertainty of the types and subject of municipal control.

From the current legislation it is still not clear on what issues municipal control is exercised, what types of municipal control are.

Firstly, there is an ambiguity in the wording both in Federal Law No. 294-FZ and in Federal Law No. 131-FZ, from which it is not entirely clear whether municipal control over compliance with municipal legal acts is carried out in all cases and in any areas, or only in cases where the appropriate type of municipal control is directly provided for in federal law (such as municipal land control, municipal forest control, etc.). Accordingly, it is not clear whether municipal control over compliance with municipal legal acts can be exercised on those issues of local importance for which the relevant type of control over local governments is not directly fixed by federal law (control in the field of improvement, control in transport, control in the field of burial and funeral business, etc.).

Secondly, there are inconsistencies between the basic Federal Law No. 131-FZ, and "industry" federal laws on the definition of types of municipal control. Federal Law No. 131-FZ expressly provides for the following types of municipal control:

1) financial control (control over the execution of the local budget);

2) implementation of municipal control over the safety
motor roads of local importance within the boundaries of the municipality;

3) implementation of municipal housing control;

4) implementation of municipal land control over the use of land of a settlement (urban district);

5) implementation of municipal control in the field of use and protection of specially protected natural areas of local importance;

6) implementation of municipal forest control;

7) implementation of municipal control over the conduct of municipal lotteries;

8) implementation of municipal control in the territory of a special
economic zone;

9) control over the execution of the municipal order.

At the same time, other federal laws also provide for the following types of control exercised by local governments:

1) control over the submission of a legal deposit of a document of a municipal formation (Article 21 of the Federal Law of December 29, 1994 No. 77-FZ “On Legal Deposit of Documents”);

2) control over the use and protection of subsoil during the extraction of common minerals, as well as during the construction of underground structures not related to the extraction of minerals (Article 5 of the Law of the Russian Federation of February 21, 1992 No. 2395-1 "On Subsoil");

3) control over compliance with legislation in the field of retail sale of alcoholic products (Article 7 of the Federal Law of November 22, 1995 No. 171-FZ "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products »);

4) municipal control in the field of trading activities (Article 16 of the Federal Law of December 28, 2009 No. 381-FZ “On the Fundamentals of State Regulation of Trading Activities in the Russian Federation”);

5) control over the organization and implementation of activities for the sale of goods (performance of work, provision of services) in retail markets (Article 23 of the Federal Law of December 30, 2006 No. 271-FZ "On Retail Markets and on Amendments to the Labor Code of the Russian Federation" ).

At the same time, such types of control do not correlate or cause difficulties with correlation with the list of issues of local importance, and, as you know, the latter is established only by Federal Law No. 131-FZ and can only be changed by amending it directly; all other powers, outside the framework of the established issues of local importance, can be assigned to local governments only in the order of vesting them with separate state powers. In addition, sectoral laws do not define the types of municipalities whose competence includes control in the relevant areas; as a result, it is difficult to determine the subject of control powers - local governments of settlements or municipal districts.

At the same time, there is a lack of municipal control in areas where it could be effective (municipal environmental control).

Thirdly, for those types of municipal control that are directly enshrined in legislation, its subject matter is often not entirely clear; » federal laws when describing them. First of all, this concerns municipal land control, the subject of which is completely undefined in the Land Code of the Russian Federation. At the same time, Federal Law No. 131-FZ mentions municipal land control only over the use of settlement lands. It is not clear what is meant by "settlement lands" - the corresponding category of land (as the current "land of settlements" was called until 2007), lands located on the territory of a settlement or lands owned by municipalities of settlements. Further, it is not clear whether the observance of only municipal legal acts, or also federal and regional ones, belongs to the subject of municipal land control. Ultimately, it is not clear how municipal land control is demarcated from state land supervision. The situation is similar with many other types of control assigned to local governments: municipal housing control, municipal forestry control, municipal control in the field of trading activities, control over compliance with legislation in the field of retail sale of alcoholic beverages, control in the field of subsoil use, control on territory of the special economic zone, etc.

In practice (including prosecutorial and judicial ones), these ambiguities lead to conflicting demands for the implementation or termination of the same types of municipal control, which is associated with different interpretations of the legislation by various jurisdictional and regulatory authorities: in some cases, local governments are forced to exercise control in certain areas, in others - on the contrary, the exercise of control in the same areas is recognized as illegal. In particular, a very controversial situation has developed at the present time in relation to municipal control in the field of transport and landscaping. This gives rise to numerous legislative initiatives on the direct legislative consolidation of these types of control over local governments.

However, it is not so easy to implement the proposals made, since this involves a whole set of problems related to the need to determine the subject of municipal control, delimitation from state supervision (control) in the same or related areas. Thus, issues of improvement are closely intertwined with issues of urban planning, architectural activities, ensuring sanitary and epidemiological well-being, forestry, land legislation, etc. And the exercise of control in these areas belongs to the competence of other bodies, mainly state authorities. Therefore, enshrining in the law such powers as “implementation of municipal control in the field of improvement” will not in itself solve the problem, if at the same time the subject of such control is not clearly defined, municipal control in the field of improvement is not delimited from state control (supervision) in other areas related to improvement (land use, urban planning, sanitary and epidemiological welfare, etc.).

In addition, local governments also have delegated state control powers - transferred to them for implementation by the constituent entities of the Russian Federation. In accordance with paragraph 6 of Article 26.3 of the Federal Law of October 6, 1999 No. 184-FZ “On the General Principles for the Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation”, the following control powers can be transferred to the local level:

1) regional state supervision in the field of protection and use of specially protected natural areas;

2) regional state supervision over the safety of roads of regional and intermunicipal significance;

3) state control and supervision in the field of shared construction of apartment buildings and other facilities;

4) regional state construction supervision;

5) regional state veterinary supervision;

6) regional state supervision over the application of prices (tariffs) subject to state regulation for goods (services);

7) regional state environmental supervision (in terms of regional state supervision over geological exploration, rational use and protection of subsoil; regional state supervision in the field of atmospheric air protection; regional state supervision in the field of protection of water bodies; regional state supervision in the field of waste management) on objects of economic and other activities, regardless of the form of ownership;

8) regional state supervision in the field of the technical condition of self-propelled machines and other types of equipment;

9) regional state housing supervision;

10) regional state supervision over the conduct of regional lotteries;

11) regional state control in the field of transportation of passengers and luggage by passenger taxis;

12) control over the implementation of measures for mobilization preparation.

As can be seen, the number of delegated control powers is comparable to the list of own control powers of local governments.

In the future, it is necessary to clearly define the types and subject of municipal control in specific areas. The legal regulation of the same spheres of social relations, as a rule, is of a “cross-cutting” nature, often assigned simultaneously to several levels of government, the meaning of all requirements and control over their implementation is not in their formal observance, but in ensuring, through these rules, normal functioning of a particular area, which is achieved by comprehensive compliance with established rules. The fragmentation of control between levels of power, depending on whose acts set certain requirements, does not allow for a holistic control, does not give an overall picture, and ultimately this leads to the inefficiency of the control itself. Therefore, it is advisable to delimit control powers according to the subject principle, based on the fact that control in a particular area should be assigned to the level of power that bears the greatest managerial burden in this area, knows the current situation, problems and needs. In the same area, the powers of control can be delimited between levels of power, but not simply depending on whose acts they are established, but according to the subject - blocks of social relations. At the same time, municipal control should be exercised only in areas that are directly related to issues of local importance or delegated state powers.

2. Lack of effective measures to respond to violations detected in the course of municipal control.

Firstly, local self-government bodies' own powers in terms of applying measures based on the results of inspections are extremely small.

In accordance with the current federal legislation, municipal control bodies, in the event that violations are detected as part of the control measure, have the right to issue an order to eliminate violations and transfer the relevant inspection materials to federal and regional authorities in order to bring the perpetrators to administrative responsibility. Local self-government bodies are deprived of their own powers to bring to administrative responsibility for committed violations. Municipal control bodies have the right to bring supervised persons to administrative responsibility only if such powers are transferred to them by the laws of the constituent entities of the Russian Federation and only for committing administrative offenses established by the laws of the constituent entities of the Russian Federation.

At the municipal level, there is practically no even the authority to draw up protocols on administrative offenses. According to the Code of Administrative Offenses, the existence of such powers depends on the discretion of the subject of the Russian Federation (parts 2, 3, article 1.3.1).

For example, when exercising municipal land control, a municipal inspector has the right to draw up an act, which is subsequently sent to the competent state authority for further administrative proceedings. At the same time, the term for bringing to administrative responsibility (2 months) is calculated from the date of issuance of the act, which in practice often leads to the departure of legal (individual) persons from administrative punishment due to the expiration of the statute of limitations for bringing to administrative responsibility. An illustrative example is the implementation of land control in the city of Obninsk, for example, in 2010: based on the materials of inspections of municipal land control, cases of administrative proceedings were initiated in only 1/3 of cases of violations. Thus, the effectiveness and authority of municipal control are at a low level.

Secondly, municipal control is practically not supported by effective measures of responsibility for committed violations. We are talking about both administrative responsibility for violating municipal legal acts, and administrative responsibility for opposing the implementation of municipal control itself.

The problem of establishing administrative responsibility for violation of municipal legal acts is connected with the peculiarities of the division of powers between federal state authorities and state authorities of the constituent entities of the Russian Federation. Establishing liability for violation of regulatory legal acts of local self-government bodies falls within the competence of the constituent entities of the Russian Federation (subparagraph 39 of paragraph 2 of article 26.3 of the Federal Law of October 6, 1999 No. Federation”, paragraph 1 of part 1 of article 1.3.1 of the Code of Administrative Offenses of the Russian Federation). At the same time, according to the Code of Administrative Offenses of the Russian Federation, at the level of the constituent entities of the Russian Federation it is unacceptable to establish administrative liability on issues of federal significance, including for violation of the rules and norms established by federal regulatory legal acts. This rule is interpreted very broadly in prosecutorial and judicial practice, and even if more specific rules are established based on the requirements enshrined in federal acts, the establishment of liability for their violation by the laws of the constituent entities of the Russian Federation is recognized as illegal. At the same time, responsibility is not established at the federal level, in the Code of Administrative Offenses of the Russian Federation.

The most typical situation in this regard is in the sphere of public amenities, where attempts by the constituent entities of the Russian Federation to establish administrative responsibility are constantly failing. regulatory and jurisdictional authorities see this as an intrusion into the sphere of federal competence. At the same time, there is another problem - the correct formulation of the composition of administrative offenses for non-compliance with municipal acts. The establishment of broad compositions (like “violation of the requirements of municipal legal acts in the field of improvement”) is recognized as not corresponding to the law, and an accurate description of the objective side in the laws of the constituent entities of the Russian Federation is difficult already due to the fact that the requirements themselves are established in municipal legal acts and may vary. As a result, at present, the mechanism for establishing administrative liability for violation of municipal legal acts does not actually work; compliance with such is not supported by administrative responsibility.

Finally, in contrast to state control (supervision), there is a "legal vulnerability" of the municipal control itself. The Code of Administrative Offenses of the Russian Federation establishes administrative responsibility for various forms of counteraction to an order or demand of an official only in the field of state control (supervision). These norms do not apply to violations in the exercise of municipal control. The establishment of similar liability by the laws of the constituent entities of the Russian Federation is also impossible, since in this case we are talking about a violation of federal rules and norms, since the requirements, the violation of which forms the elements of the listed administrative offenses, are directly established by Federal Law No. individual entrepreneurs in the exercise of state control (supervision) and municipal control” for all regulatory authorities.

Obviously, the significance and effectiveness of municipal control in these conditions is sharply reduced.

Insufficient financial and staffing of local governments on the implementation of the functions of municipal control. Due to limited resources (financial, personnel, material and technical), local governments are not able to fully exercise all the control powers assigned to them by law. This is especially true for small municipalities (rural and urban settlements), where the number of municipal employees is no more than 10-15 people.

In municipalities, there is a shortage of qualified personnel for the implementation of municipal control functions. As a rule, new staff units or structural subdivisions for the implementation of municipal control are not created in local governments today, and the corresponding responsibilities are assigned to existing administration employees as additional functions.

For example, in the urban district of Anadyr, the implementation of municipal land control is assigned as an additional responsibility to the employees of the department for land management and land policy, which consisted of two staff units. The number of land plots provided only for rent is 1024 units. At the same time, land plots owned by legal entities and individuals are also subject to land control. In order to obtain the effect of carrying out control measures, it is necessary to conduct annual inspections of at least 100 land users, which, in fact, is not possible.

It should be noted that independent expenses for the performance of functions for the implementation of municipal control in municipalities are not provided. Financial support for municipal control activities is carried out within the framework of the cost estimate for solving relevant issues of local importance and the maintenance of local governments.

Organizational and legal restrictions in the exercise of municipal control arising from certain provisions of Federal Law No. 294-FZ. In particular, the said law does not provide for the possibility of conducting an audit if the head, other official or authorized representative of a legal entity, individual entrepreneur, or his authorized representative is absent during the audit. This leads to the fact that individuals (legal) persons deliberately disrupt the planned measures for municipal control, thereby hiding possible violations of the law.

As a drawback, it should also be noted that the said Federal Law does not contain a norm allowing the municipal control body to postpone the failed control event to another time.

Based on the norms of Federal Law No. 294-FZ, serious organizational problems arise for local governments when conducting land control. So, for example, in the case of an inspection in relation to one of the land plots owned by a certain legal (individual) person, it is possible to check other land plots owned by the same legal (individual) person only once every three years. In addition, it is impossible to check a land plot owned by an economic entity that has not been registered as a legal entity for three years.

Insufficient level of legal regulation of the organization of preparation and conduct of municipal control at the local level. In accordance with Federal Law No. 294-FZ, the procedure for organizing and exercising municipal control in the relevant field of activity is established by municipal legal acts in the event that this procedure is not provided for by the law of a constituent entity of the Russian Federation. In real practice, legal acts regulating the procedure for municipal control have been adopted in very few municipalities.

There is also legal uncertainty in terms of regulating the procedure and conditions for conducting municipal control, as well as the rights and obligations of local governments in the exercise of municipal control.

Necessary government order to develop proposals, legal and legislative measures, aimed at improving the system of municipal control, including:

1. Ensure the development and introduction of legal norms aimed at consolidating and expanding the powers of local governments to bring individuals and legal entities to administrative responsibility based on the results of inspections within the framework of municipal control.

2. Develop and amend Federal Law No. 294-FZ aimed at reducing legislative restrictions in the exercise by local governments of control powers in relation to legal entities and individual entrepreneurs, including:

providing for the possibility of conducting a municipal audit even in the absence of audited business entities, if these entities were notified of the audit in the manner prescribed by law;

allowing for the possibility of postponing to another time the conduct of a control event that did not take place due to the fault of the person being checked;

other norms that strengthen the control powers of local governments in relation to legal entities and individual entrepreneurs.

3. Bring into mutual conformity the Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of Organization of Local Self-Government in the Russian Federation” and “sectoral” federal legislation in terms of determining the types and subject of municipal control; clearly delineate control powers between all levels of public authority; clearly regulate the rights and functional responsibilities of local governments in the implementation of each type of municipal control. Define in Federal Law No. 131-FZ a single exhaustive list of municipal control powers.

4. Revise the list and reduce the number of state control powers that can be transferred by the constituent entities of the Russian Federation to the local level.

5. Provide for the right of local self-government bodies to draw up protocols on administrative offenses in the exercise of municipal control.

7. Recommend local self-government bodies to take measures to optimize the staff structure of local administrations in order to introduce new staff units or form structural units specializing in the implementation of municipal control functions. In order to improve the efficiency of municipal control at the level of urban and rural settlements, it is advisable to intensify the transfer of control powers from local self-government bodies of settlements to local self-government bodies of municipal districts.

IV. Forms of control over the provision of public services. 4.1. Current control over the proper and timely implementation of administrative procedures (performance of actions and decision-making)

V. Evaluation tools for current monitoring of progress, intermediate certification based on the results of mastering the discipline and educational and methodological support for students' independent work

Automated air pollution control systems

Automated devices for controlling the parameters of the geometric shape of parts

Analysis of the control of the accuracy of manufacturing parts, determination of dimensions, deviations and tolerances

The control is one of the components of the management cycle.

K.-checking the compliance of the quantitative and qualitative characteristics of objects and processes with the established requirements. It focuses on compliance with state and municipal norms and standards, is based on the principles of legality, planning, completeness and reliability of information for the intended use of municipal property and financial resources, the effectiveness of control activities.

Kinds control: External - (Prosecutor's office, courts, subjects of the Russian Federation, departmental)

in scale –general is carried out on the basis of knowledge about deviations from the control figures, detailed the controller considers all the little things, the details checks every step of the performer.

in form – documentary, interview, listening to reports

on the subject of control-control of current results based on an assessment of the degree of achievement of goals, control execution of administrative documents includes control of precise interpretation, control over the activities of departments it is a verification of the goals, objectives, functions, methods of work, professional qualities of employees

Interior (representative, administrative, public)

By duration-intermittent and continuous

For the time factorpreliminary carried out before the start of work. controlled in accordance with established requirements, current is carried out in the course of the direct implementation of the adopted plans and is based on a comparison of the actual results of work with the planned ones. Allows you to identify deviations and make corrective decisions, final is carried out after the work is completed, there is no opportunity to influence the progress of the work, the results are taken into account for subsequent work. Depending on the goals of the activity -official, ecological, sanitary, legal

When organizing a control system in a municipality, it is advisable to adhere to general and particular principles. The general ones are based on its socio-political aspects, while the private ones reflect the organizational and technical side.

Principles control: general-mass character, comprehensiveness, objectivity, ubiquity of control, reality, effectiveness, publicity

Private- meaningful and unambiguous perception of the goal by employees, two-way communication with employees, the formation of achievable goals, reward for achievement, lack of excessive control.

Internal control in the municipality is divided into: representative, administrative. representative body in accordance with the Federal Law 2003. It is endowed with exclusive powers to control the execution by bodies and officials of local self-government of the powers to resolve issues of local importance. The main objects of control by the representative body is the observance of the rights of citizens, the implementation of local development plans and programs. Committees or commissions may be created within the representative body. Control body(Chamber of Control and Accounts, Audit Commission) is formed either at municipal elections or by the representative bodies of the municipality in accordance with its charter. Its powers include control over the execution of the local budget, compliance with the established procedure for preparing a draft local budget, a report on its implementation. The results of the checks are subject to publication. Administrative control carried out by the executive bodies of the municipality in various forms. The heads of the structural divisions of the administration are obliged to exercise control over the actions of their subordinates for the legality of their actions, the necessity, expediency and effectiveness. This form of control includes the right to issue orders, directives, instructions

41. Organization of work with citizens' appeals

The Constitution of the Russian Federation (Article 33) and the Federal Law establish the right of citizens to individual and collective appeals to local governments. To deputies and officials.

Appeal is a legal act, i.e. an action deliberately aimed at creating legal consequences. By sending an appeal to any state body, a citizen enters into certain legal relations with him. An appeal can only be considered such a message, from which follows the desire of the author to induce the addressee to take some action.

Work with appeals (suggestions, statements and complaints) of citizens - an important independent area of ​​activity of the governing body, designed to ensure observance, protection, protection, and, if necessary, restoration of violated constitutional rights and legitimate interests of citizens

Forms of citizens' appeals By way of handling- written, at public receptions, at meetings with the public, by e-mail, via the Internet, via a pager, by phone By the number of citizens-individual, collective. Essentially- suggestions, statements, complaints.

Offer- an appeal from a citizen or groups of citizens aimed at improving the organization and activities of municipal bodies and organizations, improving the legal basis of local life, resolving issues of economic, political, socio-cultural and other areas of activity of the local administration. A complaint- Appeal about the violation of their rights or legally protected interests. Statement-appeal about the rights, freedoms and legitimate interests belonging to them or other citizens. Local self-government bodies, in accordance with their powers, are obliged to consider the appeal of a citizen within a month and give a written response to it. The procedure for considering citizens' appeals to local self-government bodies is established by the law of the constituent entity of the Russian Federation. For violation by an official of the deadlines for responding to citizens' appeals, administrative liability is established. Thus, citizens' appeals to local self-government bodies, which is one of the forms of their participation in the implementation of local self-government, also serve as a guarantee for the protection of their rights and legitimate interests.

Stages of technology for working with citizens' appeals: reception and primary processing of written appeals; registration; direction for execution; notification of the applicant about the direction of the appeal to other organizations; notification of the applicant about the lengthy consideration of the application; control over the deadlines for execution and the implementation of decisions taken on them; information and reference work; notifying the applicant of the decision; grouping of appeals into cases; current storage; analysis of received applications; publication in the press of appeals of great social and political significance; personal reception of citizens.

Written and oral appeals of citizens, comments should be systematically analyzed and summarized in order to timely identify the causes that give rise to violations of the rights and legally protected interests of citizens, study public opinion, and improve the work of departments of the system of government bodies. Particular attention should be paid to eliminating the causes of complaints, as well as those forcing citizens to contact the editorial office of the media on issues that can and should be resolved in the units.

In the course of inspections of the organization of work with citizens' appeals,: Work planning. Employee job descriptions. Knowledge of the requirements of regulatory documents by employees. Materials of collegiums, operational meetings. Completeness and quality of filling out accounting forms. Accumulative cases with materials on written appeals of citizens. Organization of the reception of citizens. Statistical and analytical materials. Documents required for an objective and qualitative analysis of the state of work with citizens' appeals. Documents required for an objective and qualitative analysis of the state of work with citizens' appeals. The results of the checks are reflected in a separate certificate or act. The results of analytical work on citizens' appeals are used during inspections in the development of measures to improve the quality of life of the population.

Control in a municipality is understood as checking the compliance of the quantitative and qualitative characteristics of objects and processes with the established (planned, regulatory) requirements. It is focused on compliance with state and municipal norms and standards, is based on the principles of legality, planning, completeness and reliability of information, targeted use of municipal property and financial resources, and the effectiveness of control activities.

The need for control in the municipality is associated with the uncertainty inherent in any management decision. There is always a time gap between the planned and actual development of the situation, which can cause deviations from the plan. The essence of control is to obtain information about the actual state of the control object and the compliance of the results obtained with the expected ones. As a result, shortcomings can be identified not only in the implementation of the decisions made, but also in the decisions themselves. Often, the results of control are the basis for adjusting previously made plans and decisions.

The most important is the division of control into external (state), internal, carried out by local governments, and public.

Principles and methods of control in the municipality

Control methods include:

Analysis of documents characterizing the object of control, work plans, reports, decisions, etc.;

Reports of officials at meetings;

Study of objects on site;

Certification of employees for compliance with their positions.

Control should be timely and flexible, focused on solving the tasks assigned to the local government.

Continuity of control is ensured by a specially developed system for monitoring the progress of work implementation and decisions made.

The effective functioning of the municipal control system is impossible without modern computer technology and systems for supporting and accompanying the process of developing (making) managerial decisions. Many local administrations have carried out computerization of control, for which information about each decision put under control is entered into a data bank and appropriate programs for working with this bank are created. An automated system for monitoring the execution of documents significantly increases the efficiency of management, since it allows you to receive information about the progress of the execution of documents at any time.

The system and bodies of municipal control

Internal control in the municipality is divided into:

- representative, carried out by representative bodies and control bodies of the municipality created in accordance with the Federal Law of 2003; The main objects of control by the representative body are the observance of the rights of citizens on the territory of the municipality, the implementation of local development plans and programs. Each deputy, meeting with his voters, considering their complaints and appeals, thereby performs control functions. As part of the representative body, committees or commissions aimed at their implementation can be created.

- administrative, carried out by the management of the administration and its structural divisions. The administration of the municipality is obliged to ensure not only internal control over the implementation of its decisions, but also control over the implementation of decisions of local governments by all citizens, enterprises and organizations located in the territory under their jurisdiction.

At any level of state power, there are various executive structures that are controlled by municipal law.

Municipal control over their work is carried out by specialized authorities. Supervision in the field of local self-government is a group of methods that ensure compliance with regulations, as well as other legal documents, including charters of municipalities.

What is municipal government?

This system of power acts on behalf of citizens and in their interests. Therefore, the population has the right to apply to municipal control and supervision over the activities of state bodies. This opportunity is embodied by contacting qualified authorities with claims, letters and statements. A whole system of supervisory bodies is directly in control of their work. They operate at the federal, regional and territorial levels.

Municipal power is a type of public relations that affects the activities of other objects, changes and normalizes it to the goals and rules that are established within the framework of state policy.

Federal level

The executive and administrative authorities of special powers include the Ministry of Finance of the Russian Federation, the Treasury of Russia, the Federal Tax Service, the Accounts Chamber of the Russian Federation, the Ministry of Finance, the State Customs Committee, and the Central Bank. These structures exercise state financial supervision. The Ministry of Finance implements control in accordance with industry standards, which are approved by State Decree No. 329.

Depending on it, the established Ministry has the right to submit drafts of the Federal Law and other official documents of the established form, which require a government resolution. It is necessary to resolve issues that are within the scope of supervision of the Ministry of Finance, federal government bodies. The authority of this structure includes monitoring the execution of budget items.

The Federal Treasury is a centralized system of bodies that ensures the organization, execution and control over the execution of the budget on the accounts of the Treasury, based on the principle of cash unity. The Treasury operates through a territorially separate subdivision. His responsibilities include accounting for cash transactions related to the receipt, storage and spending of federal budget funds. And also his work includes the establishment of the regime of bank accounts, the sorting of income from taxes received in accordance with the law. The Federal Tax Service carries out its work on the basis of Regulation No. 508. This inspection exercises its competence through territorial divisions.

What structures does the Federal Tax Service exercise control over?

The Federal Tax Service controls the following actions of the constituent entities of the Russian Federation:

Compliance with the legislation on taxes and fees. The legality of the amount of accruals, the timeliness and completeness of their enrollment, in accordance with a codified legislative act. A special type of financial transactions, which consists in the purchase or sale, as well as other transactions with currency values. As a rule, they are made by residents and non-residents who do not act as exchanges. Completeness of registration of profits of entrepreneurs and legal organizations.

Federal Service for Financial and Budgetary Supervision

This public service has the right to act both directly and through the federal executive authorities "on the ground". Rosfinnadzor controls:

Behind the waste of budgetary funds, material assets and important papers related to state property. For observance of currency legislation by all objects, as well as non-residents (legal entities, individuals operating in one state). For compliance of the performed operations with permits and licenses. Behind the functioning of enterprises that use material resources related to state property, as well as those receiving assistance from the state, loans, investments.

Federal Customs Service

Customs is considered to be a trusted federal government agency that implements its functionality in accordance with industry legislation. This service controls the import and export of goods both from and to the territory of the Russian Federation. Her duties include supervision over the implementation of currency legislation in the implementation of foreign exchange transactions, the elimination of smuggling and other similar violations.

National Monitoring Service

The competence of this organization includes tracking illegal income, sponsoring terrorism. The duties of this executive body are:

development of state policy; normative and legal regulation; coordination of the functioning of the specified sphere of other executive structures.

What is the concept of municipal control?

This is the execution of the activities of the competent authorities, which identify, prevent and suppress violations of legislative acts.

The register of types of municipal control includes:

Working out documents. Checking structures, houses, premises, territories and cargoes. Selection of copies of natural objects, their study, research. Conducting an investigation, which is aimed at identifying the causes and results of the damage.

For this, there are various forms of inspections of municipal control, these are:

preparatory; present; future.

Supervision is designed to constantly monitor the implementation of mandatory instructions, analyze and forecast the implementation of the requirements of regulatory legal acts by both citizens and legal organizations.

Classification

The types of municipal control should be distinguished. This is:

intraeconomic; intradepartmental.

The second concept is carried out by state administration bodies in a separate field of activity, as well as other structures related to responsible institutions. On-farm financial supervision is performed by special services within the boundaries of one enterprise. The main types of state and municipal control are determined. This is:

budgetary; environmental; legal.

The charter of the municipality includes the relevant conditions on their forms.

control

The implementation of municipal control in the service sector includes:

questioning of citizens (residents); consideration and analysis of claims; systematic comparison of expenses and incomes of other services.

The execution of supervision is guaranteed by the distribution of contacts of the necessary structures in places accessible to people. In certain situations, dishonest provision of services will lead to increased complaints to the relevant supervisory authorities. At the same time, it is important that claims are not submitted to an enterprise providing low-quality services, but to an organization that controls this area. This will ensure that contractors provide adequate account of the effectiveness of services to residents. The level of satisfaction of the population is established by conducting social surveys among citizens. And also the methods of supervision include scheduled and unscheduled inspections. This method studies the quality of cleaning the territory and landscaping courtyards, compliance with the schedule of public transport, and much more.

Environmental supervision

The state provides for various forms of municipal control of legal entities in environmental activities. Territorial competent authorities and politicians should assist the population, public and other non-profit enterprises in the exercise of their rights in relation to the environment (individual common law, which is a combination of rules of law governing social interactions in the field of society and nature). When they carry out any economic activity, the competent authorities must take all necessary measures to eliminate the harmful effects on the health of society, to eliminate electromagnetic fields in the recreation area. Control involves both scheduled and unscheduled inspections, as well as sampling for examination. Of particular importance in the implementation of supervision is the appeal to the population. Each claim or written statement is recorded in the prescribed manner. If problems are found, the perpetrators are held accountable.

Municipal land supervision

In addition to state oversight, there are other forms of accounting in the field of land ownership. Particular importance is attached to municipal land control. Article seventy-two of the Land Code of the Russian Federation confirms the legality of such accounting.

The execution of land supervision over the use of land allotment in settlements is entrusted to local governments or organizations authorized by them, in accordance with the law of our country.

Based on the provisions of the Land Code of the Russian Federation, control is exercised only in relation to land use.

The possibility of introducing supervision in the process of protecting land holdings by the local government is not provided. Legislative documents of the competent organizations in relation to land control regulate the process of implementation of verifications for the use of land within a certain territory.

Tasks of land supervision

The main purpose of the procedures for state and municipal control is to take into account the performance of various organizations and the population of the following nuances:

a certain system of land use according to their specific purpose; conditions for the protection of the use of land plots; time intervals for the mastery of territories, when they are fixed in regulatory documents; the construction procedure that is established in relation to the operation of land plots; elimination of offenses that were identified during land use, introduced by civil servants; restrictive measures for the use of land tenure, provided by the municipal government, which are carried out for the benefit of public interests or to ensure the state security of the population.

Internal municipal control is considered an integral part of the management of municipal local governments. As a rule, it is carried out within the limits of certain federal competences, which are distributed among the respective territorial services. Supervisory activities are carried out to detect violations and illegal actions that cause damage, and also help to bring the perpetrators to justice.