Municipal law as a branch of law has its own system in which complexes of homogeneous standards governing certain groups of social relations included in its subject.

The system of municipal law is based on a logical, consistent division of the norms of the municipal law and their associations in homogeneous legal complexes (institutions), taking into account the content and nature of the relationship of local government relations.

At the same time, the system of municipal law reflects the relationship and the interactiveness of legal regulation of local self-government issues as a holistic social phenomenon. Therefore, the system of municipal law has an objective basis: its construction is due not only to the structure of the Federal Law "On the General Principles of Local Self-Government Organization in the Russian Federation", but also the needs of local government development, which affects the formation of institutions of municipal law, helps determine their role in the local self-government.

Consequently, under the system of municipal law it is understood as the association of municipal legal norms in municipal legal institutions located in a certain sequence depending on their importance and role in the regulation of municipal relations.

Local self-government as a form of organization of government at the local level is characterized by close interaction and interpenetration of forms of direct and representative democracy. The norms of the municipal law relating to this group establish the forms of direct willing the population of municipalities, institutions of representative democracy in the system of local self-government, other elements of this system.

The second element of the system of municipal law is the norms that enshrine the basis of the activities of local self-government: territorial, organizational, financial and economic. They define the procedure for creating, association, transformation or abolition of municipalities, establishing and changing their borders and items, and also enshrine the principles of organizing local self-government, the basis of the relationship between elected and other local governments, the conditions and procedure for passing the municipal service, the status of a municipal employee.

The most important condition for the independence of local self-government is the financial and economic foundations of the population of municipalities. The norms of municipal law enshrine the procedure for the formation of municipal property, its composition, and also establish the foundations of the financial independence of local self-government.

The third element of the system of municipal law is a group of norms that enshrine objects of maintaining and powers of local self-government. These norms establish their own powers of local self-government, as well as individual government powers that can be given local governments. The norms relating to this group regulate the principles of determining the competence of local governments, relations that arise in the process of implementing local government powers in various fields of local life.

The fourth element of the system of municipal law is a group of norms that establish guarantees of local self-government. They secure the system of guarantees providing organizational and financial independence of local self-government, as well as judicial and other legal forms of protection of local self-government.

The essence of local self-government is in self and under its responsibility of the activities of the population to address local issues. Therefore, the fifth element of the system of municipal law constitutes the norms that establish the responsibility of local governments and officials of local self-government. These norms define the form, procedure and conditions for the responsibility of bodies and officials of local self-government before the population of the municipality, before the state, as well as to individuals and legal entities.

Thus, the system of municipal law includes the following structural parts:

1) local self-government in the system of democracy;
2) Basics of local self-government: territorial, organizational and economic;
3) the subjects of the maintenance and powers of local self-government;
4) guarantees of local self-government;
5) the responsibility of local governments and officials of local self-government, control over their activities.

Municipal law as a branch of law has its own system in which complexes of homogeneous standards governing certain groups of social relations included in its subject. The system of municipal law is based on a logical, consistent division of the norms of municipal law and their associations into homogeneous legal complexes (institutes), taking into account the content and nature of the relations regulated by them in the field of local self-government. At the same time, the system of municipal law reflects the relationship and the interactiveness of legal regulation of local self-government issues as a holistic social phenomenon. Therefore, the system of municipal law has an objective basis: its construction is due not only to the structure of the Law on the General Principles of the Organization of Local Government, but also the needs of local government development practices, which affects the formation of institutions of municipal law, helps determine their role in the implementation of local self-government.

Consequently, under the system of municipal law it is understood as the association of municipal legal norms in the municipal legal institutions located in a certain sequence, depending on their importance and role in the regulation of municipal relations.

Its first element are municipal legal norms that enshrine the situation of local self-government in the system of democratic, determining its role in the development of democratic development in managing society and the state. This group of norms include rules containing the definitions of basic concepts and terms used by local government legislation, such as local government, municipality, local issues, local referendum, local governments, local self-government officials, etc. in the same group The rules enshrine the basic principles and functions of local self-government. Local self-government as a form of organization of government at the local level is characterized by close interaction and interpenetration of forms of direct and representative democracy. The norms of the municipal law relating to this group establish the forms of direct willing the population of municipalities, institutions of representative democracy in the system of local self-government, other elements of this system.

The second element of the system is the norms that fix the foundations of the activities of local self-government: territorial, organizational, financial and economic. They define the procedure for creating, association, transformation or abolition of municipalities, establishing and changing their borders and items, and also enshrine the principles of organizing local self-government, the basis of the relationship between elected and other local governments, the conditions and procedure for passing the municipal service, the status of a municipal employee. The most important condition for the independence of local self-government is the financial and economic foundations of the population of municipalities. The norms of municipal law enshrine the procedure for the formation of municipal property, its composition, and also establish the foundations of the financial independence of local self-government.

The fourth element of the system is a group of norms that establish guarantees of local self-government. They secure the system of guarantees providing organizational and financial independence of local self-government, as well as judicial and other legal forms of protection of local self-government.

The essence of local self-government is in self and under its responsibility of the activities of the population to address local issues. Therefore, the fifth element makes up the norms that establish the responsibility of local governments and officials of local self-government. These norms define the form, procedure and conditions for the responsibility of bodies and officials of local self-government before the population of the municipality, before the state, as well as to individuals and legal entities.

Thus, the system of municipal law includes the following structural parts:

1) local self-government in the system of democracy;

2) the foundations of local self-government: territorial, organizational and financial and economic;

3) the subjects of the maintenance and powers of local self-government;

4) guarantees of local self-government;

5) the responsibility of local self-government bodies and officials of local self-government. Control over their activities.

Place of Municipal Law in the Legal System

Russian Federation

Municipal law as legal education does not apply to the number of main branches of law. His place in the system of law of Russia is determined by the fact that this is a secondary, derivative education that emerged on the basis of the main branches of law as a result of the development of local self-government, its separation in the system of managing society and the state, as well as the development of special legislation on local self-government.

As already noted, the municipal law is a comprehensive industry. The originality of such legal entities in the system of law is manifested in the fact that many norms that make up the comprehensive industry are, firstly, as the norms of the main branches of law, secondly, being the norms of the main branches of law and remaining such, at the same time enter into secondary Legal structure is a comprehensive branch of law. Because of this, the municipal law most closely interacts with many branches of the right, which, regulating their subject, affect the issues of municipal activities.

The municipal law is associated with the constitutional (state) right, which, being the leading industry of Russian law, determines the main principles, the principles of organizing local self-government, guarantees and forms of the implementation of local self-government, its place in the system of democracy. Thus, the norms of constitutional (state) law establish the foundations of municipal law, which regulates public relations arising in the process of organizing and activity of local self-government.

The interrelation of municipal law with administrative law is due, in particular, by the fact that the institutions of the municipal service and civil service, despite the fundamental differences, have general traits, representing, figuratively speaking, "connecting vessels". Thus, the laws of the subject of the Federation establishes the relationship of the posts of the municipal and public service of the Russian Federation; The time of work in posts in local governments is counted in the experience calculated to provide benefits and guarantees in accordance with the legislation on the public service, etc.

The municipal law is in close relationship with civil law that determines the civil law status of the municipality, local governments, which, on behalf of the municipality, carry out the rights of the owner regarding property included in the municipal property.

The interaction of municipal law with such branches of law, as financial, land, environmental, economic law, is manifested in the regulation of the activities of local governments, which, in accordance with the Law on General Principles for the Organization of Local Government, form, approve and execute the local budget, establish local taxes and fees Other financial issues of local importance are solved, as well as monitor the use of land in the territory of the municipality, participate in the protection of the environment, create conditions for the population of trade, catering services, domestic services, etc.

Chapter 2 Scientific Discipline of Municipal Law

§ 1. Concept and subject of the scientific discipline of municipal law

The term "municipal law of the Russian Federation", as already mentioned, is used for the name of not only the relevant industry of law, but also scientific discipline, which has a subject of study of the municipal law as a branch of law.

If the municipal law is a branch of Russian law - has its task regulation of public relations arising in the process of organizing and the activities of local self-government, the task of scientific discipline is the disclosure of the essence of local self-government, its originality as the form of organization of the authorities of the people, the content of municipal relations.

One of the important problems of the organization and activities of local self-government concerns the ratio of the government of local self-government (municipal authorities) and state power. Local self-government and state power in the Russian Federation are closely interrelated - they have a single source: the power of the people. However, these are different forms of geoplastia.

Scientific discipline of municipal law is considering local self-government not only as a form of civilian independence and activity, but also as a form of public authority, public-tool activities along with its state form of implementation. It reveals the content of the principles underlying the organization of local self-government in urban, rural settlements and other municipalities. It also includes questions about the legal, territorial, organizational and financial and economic basics of local self-government, its functions and subjects.

Scientific discipline of municipal law analyzes the powers of local governments and the practice of their implementation. She reveals and examines the general patterns of municipal legal regulation of public relations, summarizes the practice of applying the norms of municipal law, the practice of activities of municipal authorities and on this basis develops scientifically based recommendations in order to improve the efficiency of local government and municipal legal regulation. Its task is to study the conditions and means that ensure the independence of municipalities, their bodies in solving local issues, as well as the responsibility of municipal bodies and officials of local self-government before the population, state, individuals and legal entities.

Municipal activities covers essentially all areas of local life and, by virtue of this, is comprehensive. Scientific discipline of the municipal law is exploring and reveals the interaction of the norms of municipal law with the norms of other branches of law, closely interrelated with municipal law.

The subject of the scientific discipline of the municipal law is not only the norms of the municipal law and the public relations regulated by them existing at this time, but also the practice of legal regulation of the organization and activities of local authorities at the previous stages of the development of Russian statehood. Scientific discipline of municipal law is studied by the form of local government and their legal regulation, taken in development.

In the study of the municipal law, scientific discipline appeals to the foreign municipal experience. Russia is part of the Council of Europe, within which the European Charter of Local Self-Government is operating, reflecting the Western experience of legal regulation of local self-government. The study of foreign experience of local self-government is important for the formation and development of municipal law in our country.

Scientific discipline of the municipal law is exploring the norms of municipal law and regulated by them public relations, while using scientific methods: historical, comparative legal, statistical, specific sociological, etc.. "

Thus, the scientific discipline of municipal law is a combination of knowledge, ideas, theories about local self-government, on the forms and practices of its implementation and legal regulation.

§ 2. System of the scientific discipline of municipal law

Municipal right as scientific discipline has its own system under which the logically reasonable location is understood in a certain sequence of theoretical provisions, the knowledge that makes it up.

The system of scientific discipline of the municipal law is based on the structure of the branch of the law that it studies. At the same time, sections that are missing in the system of the same name are allocated in it.

1. Introduction to municipal law. This section discusses: the concept of municipal law as a branch of law and scientific discipline, subject and sources of municipal law as a branch of law and scientific discipline, as well as issues of the history of municipal law.

2. Local self-government in the system of democracy. This section studies: the concept, system, principles and functions of local self-government, the ratio in the system of local self-government direct and representative democracy, associations and unions of municipalities.

3. Basics, local self-government. An independent solution to the population of local importance (under its responsibility) is possible in the presence of certain conditions. Such the necessary conditions for the implementation of local self-government are the basis of the activities of local self-government; Legal, territorial, organizational and financial and economic.

4. Objects of maintaining and powers of local self-government.In the management of municipalities there are issues of local importance. In addition, individual government authorities may receive local governments. This section discusses: the concept and legal regulation of local self-government objects, the competence of local governments in various spheres of the vital activity of the population.

5. Guarantees of local self-government. This section studies: the concept and system of guarantees of local self-government; guarantees providing organizational and financial and economic independence of local self-government; Judicial and other legal forms of protection of local self-government.

6. Responsibility of local self-government bodies and officials of local self-government. Bodies and officials of local self-government in accordance with legislation are responsible to the population of the municipality, state, individuals and legal entities. This section analyzes: the concept and form of responsibility in the system of local self-government, as well as ensuring the legality in the activities of bodies and officials of local self-government.

§ 3. Sources of the scientific discipline of municipal law

Scientific research of municipal law as a branch of law is carried out on the basis of sources of the same name scientific discipline.

The sources include primarily legal acts that enshrine and regulating the organization and the activities of local self-government. A special role in the formation of the theoretical base of municipal law is owned by the Constitution RF which contains provisions that reveal the nature of local self-government, the essence of municipal activities, the role of local self-government in the system of democracy. Constitutional provisions on local self-government, which make up the most important part of the maintenance of the scientific discipline of municipal law, receive their development in federal laws, other regulatory legal acts establishing municipal legal norms. They are also sources of the scientific discipline of municipal law.

The federal structure of our state, national and local traditions and customs determine the peculiarities of the organization of local self-government in various regions of the country. Therefore, to study the trends in the development of municipal law, the uniqueness of the municipal legal regulation is important to the Constitution of the republics as part of the Russian Federation, the statutes of its other subjects, laws and other regulatory legal acts on local government issues, the charters of municipalities. These legal acts also refer to the sources of the scientific discipline of the municipal law.

Along with legal sources, the theoretical base of the scientific discipline of the municipal law is the scientific works of scientists in which the problems of the municipal law are developed and examined. The theoretical sources of municipal law as scientific disciplines include primarily the fundamental scientific works of scientists and prominent workers of the Zemsky movement of pre-revolutionary Russia. Ignoring for decades of domestic experience of Zemsky and urban self-government as an unacceptable for Soviet state construction led to the essence of the obligation of scientific achievements in the field of local governments belonging to scientists of pre-revolutionary Russia. Many discussion issues today (such as the nature of local governments, its relationship with state administration, etc.) were investigated at one time using foreign and domestic municipal experience in the fundamental scientific works V.P. Reason, A.I. Vasilchikova, B.B. Veselovsky, A.D. Gradovsky, N.M. Korkunova, N.I. Lazarevsky, V.N. Leshkova, M.I. Sveshnikova et al.

The sources of the scientific discipline of the municipal law are works devoted to the problems of local government in the Soviet period of development of our statehood. They are of interest to form the municipal law at least two grounds: first, in terms of the experience of the work of local representative and executive bodies of Soviet power, which has not lost its importance and today, secondly, from the point of view of critical analysis of local development authorities in our country.

In recent years, work has emerged on local government issues, which summarizes the practice of municipal activities in our country, the actual problems of the organization and activity of the government at the local level are being developed. They are of great importance for the formation of the theoretical base of local self-government and, by virtue of this, also belong to theoretical sources of the scientific discipline of municipal law.

Finally, another source of municipal law as a scientific discipline is the practice of municipal activities in our country. The development and study of the problems of municipal law is carried out on the basis of the analysis of the practical activities of local governments to address issues related to their maintenance.

§ 4. Evolution of the scientific discipline of municipal law in Russia

Scientific discipline of the municipal law is a new branch of scientific knowledge. It is in the formation stage, as well as the same industry of the same name. Becomed in 1990-1991. The process of reforming the authorities on the basis of the principles of self-government, the adoption of the Allied, and then Russian laws on local self-government became the basis of the formation and new branch of law, and scientific discipline. At the same time, the scientific discipline of the municipal law arose not on the "empty" place: it has deep roots. The problems of the organization and activities of local self-government were also investigated in pre-revolutionary Russia. Although at that time there was no special academic discipline, but there was a very extensive scientific, socio-political literature on the issues of Zemsky and urban self-government, in particular, the work of V.N. Leshkov "Experience of the theory of Zemstvo and its Zemsky institutions under the provision of January 1864 of January 1" (1885) and "On the right of independence as a basis for self-government" (1871), A.I. Vasilchikova "On Self-Government. Comparative review of Russian and foreign land and public institutions "(t. 1-3, 1869-1877); V.P. Conducual "Zemstvo institutions and self-government" (1874); B.B. Veselovsky "Zemstvo History for 40 years" (t. 1-4, 1909), A.D. Gradovsky, M.I. Sveshnikova, N.I. Lazarevsky and others.

Local self-government issues in pre-revolutionary Russia were studied within the framework of state and administrative law. So, the textbook N.M. Korkunova "Russian State Law", withstood not one edition, contained the section "self-government", which included the following chapters: self-government theory; Local self-government in the West; Zemskoy self-government; urban self-government; Local self-government Okrain.

In the Soviet period, the legal aspects of the activities of local authorities and management were also studied by the sciences of state (constitutional) and administrative law. This was due to the fact that the organization and activities of local councils and their executive committees were regulated primarily by these branches of the branches of law.

At the same time, the organization and activities of the Soviets and their executive bodies were the subject of science of Soviet construction, which arose at the junction of the state (constitutional) and administrative law and is due to this complex nature. The emergence and development of the science of Soviet construction was largely due to the presence of a unified system of representative bodies - the councils built on the general principles: the unity of the councils of all levels as state authorities; Their supremacy and fatigue (which was worn, however, a formal character) in the system of state bodies, hierarchical cooding of local authorities, their accountability to higher authorities, etc.

The great contribution to the development of issues of the organization and activities of local bodies of Soviet authorities has made such scientists as I.A. AIZKIN, S.A. Avakyan, G.V. Barabashev, A.A. Bezuglov, V.I. Vasilyev, R.F. Vasilyev, L.A. Grigoryan, A.I. Kim, E.I. Kozlova, A.I. Lukyanov, A.I. Lepichkin, V.A. Perthotsik, A.Ya. Plum, N.G. Starovoitov, Ya.N. Umansky, k.f. Sheremet et al. Of course, the experience gained in decades, the experience of scientific research and activity of local authorities, as well as scientific instruments, is largely outdated. However, the scientific discipline of the municipal law should not ignore it as once the experience of the pre-revolutionary school of domestic state. After all, historical continuity is one of the essential signs of science development.

It should also be borne in mind that at the Soviet legal literature, attempts have been repeatedly made to use the idea of \u200b\u200blocal self-government in relation to local advice. In a number of party documents (the RCP program (b), adopted in 1919, the CPSU program, adopted in 1961), local governments were associated with local councils. Civil Code of 1922. As a kind of state ownership called "Municipalized" property. All this created the basis for appealing to the idea of \u200b\u200blocal self-government, its use, taking into account the Soviet specificity of the organization of local authorities. In 1928, L.A. book was published. Velikova "Fundamentals of Urban Economy", in which the author attempted to "compressed state the municipal science as a whole." In 1963, the work of V.A. Perchtsika "Local Self-Government Problems in the USSR". Local self-government was interpreted by the author as part of state self-government. In 1965, I saw the light book L.A. Grigoryan "Tips - Authorities and People's Self-Government". Local councils during this period near scientists were considered as a bodies having a "dual" nature: government bodies and public self-government bodies.

However, it should be borne in mind that the Soviet system of the government did not know the opposition of local government bodies of state authorities, it was one and monolith. All advice, from the Supreme Council to the rural, were government bodies. Therefore, the views of scientists who wrote about local councils as bodies of local governments, about municipal construction in our country, were regarded in the literature as the perverse of the nature of the Soviets - the full bodies of state authorities in their territory, which were opposed to the bourgeois municipal authorities.

The scientific discipline formed by the scientific discipline of the municipal law is a new branch of scientific knowledge, which is based on fundamentally different views and ideas about the organization of power in the field. Its subject is not a unified system of representative bodies of state power (which was characteristic of the science of Soviet construction), and the organization and functioning of local self-government, the problems of its legal regulation. At the same time, the scientific discipline of the municipal right is based on the constitutional state that local governments are not included in the system of state authorities.

§ 5. Place of scientific discipline of municipal law in the system of legal sciences

Scientific discipline of the municipal law is an integral part of Russian legal science. The place of scientific discipline, municipal law in the system of legal sciences is primarily due to the peculiarities of the municipal law as a comprehensive industry of law. Its ratio and relationship with legal sciences are determined by the relationship between the municipal law with the branches of the Russian law.

The state (constitutional) right enshrines the fundamental principles of the organization and activities of local self-government, delimits the competence of the Russian Federation and its subjects in the field of local self-government. The science of state (constitutional) right uses many categories and concepts (local governments, local governments, the competence of local governments, the general principles of organizing local self-government, etc.), which are included in the scientific office of the municipal law as a scientific discipline.

Scientific discipline of municipal law closely interacts with the sciences of administrative, financial, civil, land, environmental law. These sectoral sciences within their subjects are investigating many issues related to the activities of municipal bodies in various fields of local life. Scientific discipline of the municipal law interacts with them, exploring the problems of the municipal service, municipal property, local budgets, municipal lands, etc.

Thus, the scientific discipline of the municipal law due to the integrated nature of the subject of its study integrates the theoretical knowledge of a number of sectoral legal sciences concerning the problems of local government bodies, in a holistic system of scientific knowledge about the municipal law. The formation and development of the special legal branch and the scientific discipline of the municipal law is one of the most important factors contributing to the creation and functioning of an effective system of local government in our country.

Lecture 1: "Municipal law and his place in the Russian law system"

1.3. The system of municipal law

Municipal law as a branch of law, as scientific discipline has its own system, the basis of which is the structure of the branch of the right to which it studies.

The system of municipal law It is a combination of complexes of homogeneous norms of municipal law governing certain groups of social relations that make up the subject of municipal law.

The system of municipal law is constituted general and special Parts.

Norma total Enshrid fundamental, general provisions on municipal law, on local public authorities, about its features and legal status in the system of government and society.

a common part It also contains historical material about the development of municipal law and its theory, taking into account the development of local public authorities.

There are also distinguished from other branches of law through the subject, method, principles.

Special partincludes more extensive groups of public and private law, regulating relations in the system of local public authority as a whole, and relations that make up each of their foundations of local self-government separately.

At the same time, attention should be paid to the fact that these relations are governed by the norms of constitutional, administrative, financial, tax, commercial, civil law, etc. Therefore, norms and relationships are sometimes difficult to group the laws, such as in civil, criminal or administrative law, which are independent sectors.

The system of scientific discipline of municipal law includes the following sections:

1. Introduction to the municipal law, revealing the concept of municipal law as a branch of law and scientific discipline, its subject and sources, historical and theoretical foundations of local self-government.

2. The concept, the basic principles of local self-government, the form of direct democracy, local governments.

3. Basics of local self-government, including legal, territorial and financial and economic bases.

4. Local importance and powers of local self-government authorities for their decision, including: the concept and form of the implementation of the powers of local governments, as well as the specific authority of local governments in various spheres of vital activity of the population.

5. Local government guarantees, including: warranty system; guarantees providing organizational and financial and economic independence of local self-government; Judicial and other legal forms of protection of local self-government.

6. Control of the activities of bodies and officials of local self-government.

7. Responsibility of bodies and officials of local self-government. This section studies: types of responsibility of organs and officials of local self-government; Responsibility to the population of the municipality, state, individuals and legal entities.

Its first element are municipal legal norms that enshrine the situation of local self-government in the system of democratic, determining its role in the development of democratic development in managing society and the state. This group of norms include rules containing the definitions of basic concepts and terms used by local government legislation, such as local government, municipality, local issues, local referendum, local governments, local self-government officials, etc. in the same group The rules enshrine the basic principles and functions of local self-government. Local self-government as a form of organization of power to a local level is characterized by close interaction and interpenetration of forms of direct and representative democracy. The norms of the municipal law relating to this group establish the forms of direct willing the population of municipalities, institutions of representative democracy in the system of local self-government, other elements of this system.

Thus, the system of municipal law includes the following structural parts:

1. Local self-government in the system of democracy;

2. Basics of local self-government: territorial, organizational and financial and economic;

3. Objects of maintenance and powers of local self-government;

4. Guarantees of local self-government;

5. Responsibility of local governments and officials of local self-government. Control over their activities.

§ 7. Place of municipal law in the legal system of the Russian Federation

As already noted, the municipal law is a comprehensive industry. The originality of such legal entities in the system of law is manifested in the fact that the norms that make up the comprehensive industry are, firstly, as the norms of the main branches of law, secondly, being the norms of the main branches of law and remaining those, at the same time enter into secondary legal The structure is a comprehensive branch of law. Because of this, the municipal law most closely interacts with many branches of the right, which, regulating their subject, affect the issues of municipal activities.

The municipal law is associated with the constitutional (state-biennium) right, which, being the leading industry of Russian law, determines the main principles, the principles of organizing the place of local government, guarantees and forms of the implementation of local self-government, its place in the system of democracy. Thus, the norms of constitutional (state) law establish the foundations of municipal law, which regulates public relations arising in the process of organizing and activity of local self-government.

The relationship of municipal law with administrative law is due to the fact that local governments have administrative legal personality in accordance with the law. Thus, the local administration, the Administrative Commission under the local administration, is entitled to impose within its competence, according to the Codex of the RSFSR on Administrative Offenses, administrative recovery on citizens and officials for the administrative offenses committed by them, as well as to carry out other administrative powers. In addition, the Codex RSFSR on administrative offenses provides administrative responsibility for non-fulfillment of solutions on local importance issues adopted at the local referendum, as well as at meetings (gatherings) of citizens, solutions of bodies and officials of local self-government, adopted within their powers. It should also be borne in mind that the time of work in local governments is counted in the experience, calculated to provide benefits and guarantees, in accordance with the legislation on the public service, the legal regulation of which refers to the field of administrative law.

Chapter 2. Scientific discipline of municipal law

A combination of norms close to the object and nature of legal regulation forms municipal Legal Institute.Municipal legal institutions are both structural elements systems of the Russian Municipal Prava. The construction of a system of municipal law is due to the foundations of local self-government, enshrined by the Constitution of the Russian Federation and the Federal Law "On General Principles of the Organization of Local Government in the Russian Federation" - fundamental to the municipal law as a branch of Russian law. This system cannot be submitted as a completed design. As the legal base of local self-government and enriching the practice of its development, these elements will be improved and refined, filled with both new life realities and scientific achievements.

Currently, the system of municipal law includes the following main structural elements:

1) Local self-government as an independent institution of civil society, the most important form of democracy;

2) the foundations of local self-government;

3) forms of local self-government;

4) objects of maintaining and powers of local self-government;

5) guarantees of local self-government;

6) the responsibility of bodies and officials of the local government
.

Also discussed the overall, particular and special part of the municipal law system.

a common partcombines a set of prescriptions that extend their effect on all municipalities. Its standards, fixing the territorial foundations of local self-government, determining the relations of municipalities with other laws of law, as well as the principles, definition norms; Objectives, competence standards, prohibition standards, establishing basic concepts, categories and indicators of local self-government. This also includes norms on the status of organs and officials of local self-government, some procedural provisions reflecting the order of their functioning. These norms specify legal regimes of regulation to all municipalities or individual, specific territories of local self-government. In other words, the norms established by the state authorities of Russia and its subjects are included in the general part.

Special partmunicipal law contains norms published by the authorities and officials of specific municipalities.

As mentioned earlier, to Special part Legal institutions that unite the rules governing the peculiarities of the organization of local self-government in certain regions are related.

List of sources used

1. Constitution of the Russian Federation. // M. - 2004. - 48 p.;

2.Federal law of August 28, 1995 "On the General Principles of Local Self-Government in the Russian Federation" with changes and additions of April 22, 1996; November 26, 1996; March 17, 1997;

3.Federal law of October 6, 2003 No. 131-FZ "On the general principles of organizing local governments in the Russian Federation".

Bibliography

1. Viedrin I.V. Municipal law of Russia. / Tutorial. // M. - "Norma". - 2005. - 320 p.;

2. Chetverikov V.S. Municipal Law. / Tutorial .// M. - "Infra-M". - 2001. - 183 p.;

3. Shugrin E. S. Municipal Law of the Russian Federation. / Tutorial. // M. - "Prospect". - 2007. - 672 p.;

4. Ed. Kovalenko A. I. Legal reference book // M. - 1997.

Kostyukov A. N. Municipal law as a branch of Russian law. M., 2003. P. 166 - 167.