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The system of science of municipal nature is determined by its subject matter and the strict scientific sequence of studying the issues that make up its content. The system of science is based on the system of municipal law as a branch of law.

As a system, the science of municipal law studies the subject as a branch of law, gives the concept of municipal law, considers municipal legal norms, institutions, their features, municipal legal relations, etc.

Issues related to the subject of municipal law are consistently considered.

The system of science of municipal law- an ordered set of relatively independent complexes of theoretical provisions, knowledge about municipal and legal phenomena that have a logical connection between them.

The system of municipal law as a branch of law is a set of municipal legal norms, grouped and arranged in a certain sequence depending on their content, the nature of the social relations regulated by them and the meaning of the norms themselves.

But this is not a simple aggregate. There are complex systemic connections between them. Municipal law, being part of the unified legal system of the state, in turn is itself a complex system. The system of an industry is expressed in its internal structure, due to the connections that exist between its norms, determine the basis of their differences and interpenetration into certain legal formations that form the features of an element of this system, as well as the structure of the latter.

The traditional understanding of the system of the branch of law involves the allocation of general and special parts. Most scientists and specialists in the field of municipal law follow this path. At the same time, since 2000, it is customary to distinguish in the system of municipal law: general, specific and special part ".

In the system of municipal law, it is customary to distinguish the following main institutions:

• 1) the general part includes norms that can be combined into the following municipal legal institutions:
  • - the basics of local government activities, including:
    • a) the legal foundations of local self-government. This group includes norms containing definitions of the basic concepts and terms used by the legislation on local self-government, such as local self-government, municipal formation, issues of local importance, etc. This also includes norms that enshrine the basic principles and functions of local self-government. Depending on the subjects, I establish

containing these legal norms, acts of the federal, regional and local levels are highlighted,

• b) the territorial foundations of local self-government - the norms governing the formation, reorganization and liquidation of municipalities, changing their boundaries and names,
• c) the organizational foundations of local self-government. They are a set of norms governing the implementation of the right of citizens to local self-government through forms of direct democracy, local self-government bodies and other elected bodies,
• d) financial and economic foundations of local self-government. This includes such legal institutions as the institution of municipal property, local budget, municipal treasury; local taxes and fees, off-budget funds;
• - responsibility of local self-government bodies and officials - norms that establish the forms, procedure and conditions for the responsibility of local self-government bodies to the population, individuals and legal entities, the state;
• - guarantees of local self-government - norms establishing a system of guarantees that ensure the organizational and financial independence of local self-government, as well as judicial and other legal forms of protection of local self-government;
• - territorial public self-government of the population;
• - municipal service;
• 2) a special part includes legal institutions that combine the norms governing the powers of local self-government bodies and their officials. The powers are divided into: powers of local self-government bodies to resolve issues of local self-government and state and power powers transferred or delegated to local self-government bodies;
• 3) the special part includes legal institutions that unite the norms governing the features of the organization of local self-government in certain territories (science cities, closed administrative-territorial formations (ZATO), etc.).

This structure of municipal law corresponds to the internal consistency of the sphere of social relations that make up its subject.

The criterion for the systematization of legal norms can be factors that are inherent in the legal form itself, the legal norms themselves, their characteristics and their properties. These factors follow from the content of social relations.

Each element of the system of the branch of municipal law, its largest institution is characterized by the presence of special features of a legal nature that are inherent in the norms of this institution, distinguishing them qualitatively from the norms of other institutions.

The signs that can be used to distinguish, reflecting the specifics of each of the institutions, are diverse. These include, for example, differences in the specifics of legal impact, in the peculiarities of the mechanism of action of legal norms; ways of their implementation; but the degree of specific focus of legal regulation; by subjective composition; on the method of legal protection of the action of legal norms, forms and methods of responsibility of legally liable subjects; on the specifics of the forms of expression covered by this institution of legal norms; by the specific nature of the norms of this institution; by the degree and scope of involvement of other parts of the legal system, other branches of law in the implementation of the goals laid down in the content of legal norms; on the focus of legal regulation; according to the functions inherent in each institution) "; according to the principles inherent in each of the institutions, those governing principles that are assigned the aggregate action of all its norms.

The characteristic of the system of the branch of municipal law involves not only the identification of the constituent parts of the industry, its main elements, but also the substantiation of their ratio, the place of each of them in the system of the industry.

The industry system covers the entire set of municipal legal norms established in the main source. This industry is characterized by a higher level of generalization of norms in terms of their subject content.

• Kutafin O. E., Fadeev V. I. Municipal law of the Russian Federation. Moscow, 2000, p. 33.

Municipal law as a branch of law has its own system, in which complexes of homogeneous norms are distinguished that regulate certain groups of social relations included in its subject matter. 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 (institutions), taking into account the content and nature of relations regulated by them in the field of local self-government. At the same time, the system of municipal law reflects the relationship and interdependence of the legal regulation of local self-government issues as an integral social phenomenon. Therefore, the system of municipal law has an objective basis: its construction is conditioned not only by the structure of the Law on the general principles of organization of local self-government, but also by the needs of the practice of developing local self-government, which influences the formation of institutions of municipal law, helps to determine their role in the implementation of local self-government.

Consequently, the system of municipal law is understood as the unification of municipal legal norms into municipal legal institutions located in a certain sequence depending on their significance and role in the regulation of municipal relations.

Its first element is the municipal legal norms that consolidate the position of local self-government in the system of democracy, defining its role in the development of democratic principles in the management of society and the state. This group of norms includes norms containing definitions of the basic concepts and terms used by the legislation on local self-government, such as local self-government, municipality, issues of local importance, local referendum, local self-government bodies, local self-government officials, etc. In the same group includes norms that enshrine the basic principles and functions of local government. Local self-government as a form of organization of power at the local level is characterized by close interaction and interpenetration of forms of direct and representative democracy. The norms of municipal law related to this group consolidate the forms of direct expression of the will of the population of municipalities, the institutions of representative democracy in the system of local self-government, and other elements of this system.

The second element of the system is made up of norms that consolidate the foundations of the activities of local self-government: territorial, organizational, financial and economic. They determine the procedure for creating, uniting, transforming or abolishing municipalities, establishing and changing their boundaries and names, and also consolidate the principles of organizing local self-government, the foundations of the relationship between elected and other local self-government bodies, the conditions and procedure for passing 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 activities of the population of municipalities. The norms of municipal law establish the procedure for the formation of municipal property, its composition, and also establish the basis for the financial independence of local self-government.

The third element of the system of municipal law is a group of norms that consolidate the subjects of jurisdiction and powers of local self-government. These norms establish their own powers of local self-government, as well as certain state powers that may be vested in local self-government bodies. The norms related to this group regulate the principles of determining the competence of local self-government bodies, relations that arise in the process of exercising the powers of local self-government in various spheres of local life.

The fourth element of the system is a group of norms that establish guarantees for local self-government. They consolidate the system of guarantees ensuring the 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 the independent and under its responsibility the activities of the population to resolve issues of local importance. Therefore, the fifth element is made up of norms establishing the responsibility of local government bodies and local government officials. These norms determine the forms, procedure and conditions of responsibility of bodies and officials of local self-government to the population of the municipality, to 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 basics of local self-government: territorial, organizational, financial and economic;

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

4) guarantees of local self-government;

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

Place of municipal law in the legal system

Russian Federation

Municipal law as a legal entity is not one of the main branches of law. Its place in the legal system of Russia is determined by the fact that it is a secondary, derivative entity that arose on the basis of the main branches of law as a result of the development of local self-government, its isolation in the system of management of society and the state, as well as the development of special legislation on local self-government.

As already noted, municipal law is a complex industry. The originality of such legal formations in the system of law is manifested in the fact that many norms that make up a complex industry act, firstly, as the norms of the main branches of law, and secondly, being the norms of the main branches of law and remaining so, at the same time, they are included in the secondary legal structure - a complex branch of law. Due to this, municipal law closely interacts with many branches of law, which, regulating their subject matter, also affect the issues of municipal activities.

Municipal law is associated with constitutional (state) law, which, being the leading branch of Russian law, determines the basic principles, principles of organizing local self-government, guarantees and forms 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 social relations arising in the process of organizing and operating local self-government.

The relationship of municipal law with administrative law is due, in particular, to the fact that the institutions of municipal service and public service, despite the fundamental differences, have common features, representing, figuratively speaking, “connecting vessels”. Thus, the laws of the constituent entity of the Federation establish the ratio of the posts of the municipal and state service of the Russian Federation; the time spent in positions in local self-government bodies is counted in the length of service calculated for the provision of benefits and guarantees in accordance with the legislation on public service, etc.

Municipal law is closely interconnected with civil law, which determines the civil legal status of a municipality, local authorities, which, on behalf of the municipality, exercise the owner's rights in relation to property that is part of the municipality.

The interaction of municipal law with such branches of law as financial, land, environmental, business law is manifested in the regulation of the activities of local self-government bodies, which, in accordance with the Law on the General Principles of Organization of Local Self-Government, form, approve and execute the local budget, establish local taxes and fees , solve other financial issues of local importance, as well as exercise control over the use of land on the territory of the municipality, participate in the protection of the natural environment, create conditions for providing the population with services of trade, catering, consumer services, etc.

Chapter 2 SCIENTIFIC DISCIPLINE OF MUNICIPAL LAW

§ 1. The concept and subject of the scientific discipline of municipal law

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

If municipal law, a branch of Russian law, has as its task the regulation of social relations arising in the process of organizing and operating local self-government, then the task of the scientific discipline is to reveal the essence of local self-government, its originality as a form of organizing the power of the people, the content of municipal relations.

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

The scientific discipline of municipal law considers local self-government not only as a form of civil independence and activity, but also as a form of exercising public power, public-power activity, 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 in other municipalities. Its subject also includes questions about the legal, territorial, organizational, financial and economic foundations of local self-government, its functions and subjects of jurisdiction.

The scientific discipline of municipal law analyzes the powers of local governments and the practice of their implementation. It identifies and studies the general patterns of municipal legal regulation of public relations, summarizes the practice of applying the norms of municipal law, the practice of municipal bodies and, on this basis, develops scientifically based recommendations in order to increase the efficiency of the activities of local governments and municipal legal regulation. Its task is to study the conditions and means that ensure the independence of municipalities, their bodies in resolving issues of local importance, as well as the responsibility of municipal bodies and local government officials to the population, the state, individuals and legal entities.

Municipal activities cover essentially all spheres of local life and therefore are complex in nature. The scientific discipline of municipal law studies 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 municipal law is not only the norms of municipal law and the social relations regulated by them that exist 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. The scientific discipline of municipal law studies the forms of organization of local government and their legal regulation, taken in development.

When studying municipal law, the scientific discipline refers to foreign municipal experience. Russia is a member of the Council of Europe, within the framework of which the European Charter of Local Self-Government is in force, reflecting the Western experience of legal regulation of local self-government. Studying the foreign experience of local self-government is important for the formation and development of municipal law in our country.

The scientific discipline of municipal law studies the norms of municipal law and the social relations regulated by them, using scientific methods: historical, comparative legal, statistical, specific sociological, etc. "

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

§ 2. The system of scientific discipline of municipal law

Municipal law as a scientific discipline has its own system, which is understood as a logically grounded arrangement in a certain sequence of theoretical provisions, knowledge that make up its content.

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

1. Introduction to municipal law. This section discusses: the concept of municipal law as a branch of law and scientific discipline, the 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 examines: the concept, system, principles and functions of local self-government, the relationship in the local self-government system of direct and representative democracy, associations and unions of municipalities.

3. Basics, local government. An independent solution by the population of issues of local importance (under its own responsibility) is possible under certain conditions. Such necessary conditions for the implementation of local self-government are the foundations of the activities of local self-government; legal, territorial, organizational and financial and economic.

4. Subjects of jurisdiction and powers of local self-government. Municipalities are in charge of local issues. In addition, local self-government bodies may be vested with certain state powers. This section discusses: the concept and legal regulation of the subjects of local government, the competence of local government in various spheres of life.

5. Local government guarantees. This section examines: the concept and system of guarantees of local self-government; guarantees ensuring the organizational, financial and economic independence of local self-government; judicial and other legal forms of protection of local self-government.

6. Responsibility of local government bodies and local government officials. Bodies and officials of local self-government, in accordance with the legislation, are responsible to the population of the municipality, the state, individuals and legal entities. This section analyzes: the concept and forms of responsibility in the system of local self-government, as well as ensuring the rule of law 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 the sources of the scientific discipline of the same name.

The sources include, first of all, legal acts establishing and regulating the organization and activities of local self-government. A special role in the formation of the theoretical basis of municipal law belongs to the Constitution. RF, which contains provisions that reveal the nature of local government, the essence of municipal activities, the role of local government in the system of democracy. The constitutional provisions on local self-government, which constitute the most important part of the content of the scientific discipline of municipal law, are developed in federal laws and other regulatory legal acts that establish municipal legal norms. They are also the 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, for the study of trends in the development of municipal law, the originality of municipal legal regulation, the constitutions of the republics within the Russian Federation, the charters of its other subjects, laws and other normative legal acts on issues of local self-government, charters of municipal formations are of great importance. These legal acts also refer to the sources of the scientific discipline of municipal law.

Along with legal sources, the theoretical basis of the scientific discipline of municipal law is made up of scientific works of scientists, in which the problems of municipal law, the history of its development are developed and investigated. The theoretical sources of municipal law as a scientific discipline include, first of all, the fundamental scientific works of scientists and prominent figures of the zemstvo movement in pre-revolutionary Russia. For decades, the ignorance of the domestic experience of zemstvo and city self-government as unacceptable for Soviet state-building has led, in fact, to oblivion of the scientific achievements in the field of local self-government, which belonged to the scientists of pre-revolutionary Russia. Many controversial issues today (such as the nature of local self-government, its relationship with public administration, etc.) were at one time studied using foreign and domestic municipal experience in the fundamental scientific works of V.P. Bezobrazova, A.I. Vasilchikova, B.B. Veselovsky, A.D. Gradovsky, N.M. Korkunova, N.I. Lazarevsky, V.N. Leshkova, M.I. Sveshnikov and others.

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

In recent years, works on local self-government issues have appeared, which summarize the practice of municipal activities in our country, develop urgent problems of the organization and activities of government at the local level. They are of great importance for the formation of the theoretical basis of local self-government and, by virtue of this, also belong to the 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 research of problems of municipal law is carried out on the basis of an analysis of the practical activities of local self-government bodies in resolving issues attributed to their jurisdiction.

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

The scientific discipline of municipal law is a new branch of scientific knowledge. It is in its infancy, as is the branch of law of the same name. Started in 1990-1991 the process of reforming local authorities on the basis of the principles of self-government, the adoption of the union and then the Russian laws on local self-government became the basis for the formation of both a new branch of law and scientific discipline. At the same time, the scientific discipline of municipal law did not arise out of the blue: it has deep roots. The problems of the organization and activities of local self-government were also studied in pre-revolutionary Russia. Although at that time there was no special educational discipline, there was a very extensive scientific, socio-political literature on the issues of zemstvo and city self-government, in particular, the work of V.N. Leshkova "Experience of the theory of the zemstvo and its zemstvo institutions according to the position of January 1864" (1885) and "On the right of independence as a basis for self-government" (1871), A.I. Vasilchikova “On self-government. A Comparative Review of Russian and Foreign Zemstvo and Public Institutions ”(vols 1-3, 1869-1877); V.P. Bezobrazov "Zemsky institutions and self-government" (1874); B. B. Veselovsky "History of the zemstvo for 40 years" (v. 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. Thus, the textbook by N.M. Korkunov's "Russian State Law", which went through more than one edition, contained a section "Self-government", which included the following chapters: theory of self-government; local government in the West; zemstvo self-government; city ​​government; local self-government of the outskirts.

During the Soviet period, the legal aspects of the activities of local authorities and administration 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 Soviets and their executive committees were governed primarily by the norms of these branches of law.

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

Such scientists as I.A. Aeovkin, S.A. Avakyan, G.V. Barabashev, A.A. Bezuglov and V.I. Vasiliev, R.F. Vasiliev, L.A. Grigoryan, A.I. Kim, E.I. Kozlova, A.I. Lukyanov, A.I. Lepeshkin, V.A. Pertzik, A. Ya. Plum, N.G. Starovoitov, Ya.N. Umansky, K.F. Sheremet and others. Of course, the experience of scientific research of the organization and activities of local authorities accumulated over decades, as well as scientific tools, is largely outdated. However, the scientific discipline of municipal law should not ignore it as it once was the experience of the pre-revolutionary school of national state studies. After all, historical continuity is one of the essential signs of the development of science.

It should also be borne in mind that in the Soviet legal literature, attempts were made repeatedly to use the idea of ​​local self-government in relation to local councils. In a number of party documents (the Program of the RCP (b), adopted in 1919, the Program of the CPSU, adopted in 1961), local self-government was associated with local Soviets. The Civil Code of 1922 called “municipalized” property as a kind of state property. All this created the basis for addressing the idea of ​​local self-government, its use taking into account the Soviet specifics of the organization of local government. In 1928, L.A. Velikhov's "Fundamentals of Municipal Economy", in which the author made an attempt "to concisely present municipal science as a whole." In 1963, the work of V.A. Pertsik “Problems of local self-government in the USSR”. Local self-government was interpreted by the author as a part of state self-government. In 1965, L.A. Grigoryan "Soviets are bodies of power and people's self-government." Local Councils during this period were considered by a number of scholars as bodies of a "dual" nature: bodies of state power and bodies of public self-government of the population.

However, it should be borne in mind that the Soviet system of organizing power did not know the opposition of local government bodies to government bodies, it was united and monolithic. All Soviets, from the Supreme Soviet to the village councils, were bodies of state power. Therefore, the views of scientists who wrote about local Soviets as bodies of local self-government, about municipal construction in our country, were regarded in the literature as a perversion of the nature of the Soviets - the sovereign bodies of state power on their territory, which were opposed to bourgeois municipal bodies.

The scientific discipline of municipal law, which is being formed today, is a new branch of scientific knowledge, which is based on fundamentally different views and ideas about the organization of local power. Its subject is not a unified system of representative bodies of state power (which was typical for the science of Soviet construction), but the organization and functioning of local self-government, the problems of its legal regulation. At the same time, the scientific discipline of municipal law is based on the constitutional provision that local government bodies are not part of the system of government bodies.

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

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

State (constitutional) law establishes 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) law uses many categories and concepts (local government, local government, the competence of local government, general principles of organizing local government, etc.), which are included in the scientific apparatus of municipal law as a scientific discipline.

The scientific discipline of municipal law closely interacts with the sciences of administrative, financial, civil, land, environmental law. These branch sciences, within the framework of their subjects, investigate many issues related to the activities of municipal bodies in various spheres of local life. The scientific discipline of municipal law interacts with them, exploring the problems of municipal service, municipal property, local budgets, municipal lands, etc.

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