Municipal Law of Russia MUIV Witte Objectives

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Content: Задачи муниципальное право России.docx 18,75 kB

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OBJECTIVES 1. In the science of municipal law there are different points of view regarding the nature of municipal government. The prevailing view is that this power combines the features of state and public power. Find in the Constitution of the Russian Federation on December 12, 1993, norms confirming this kind of dualism. 2. When forming local governments in a municipality (settlement), the population received a recommendation on the structure and composition of such bodies. The recommendation was enshrined in the decision of the legislative (representative) body of state power of the subject of the Russian Federation. What is the principle of local government in this case violated? 3. In the subject of the Russian Federation, a two-tier system of organization of local self-government is fixed by law. This means the presence of a municipality (district and settlements within the district) that does not have the status of independent municipalities. How can this provision be reflected in the structure of local governments in the district? Does this structure of local governments comply with the requirements of the law “On the general principles of the organization of local self-government in the Russian Federation” of 10/06/2003 No. 131? 4. The Department of Justice, having considered the charter for local self-government of the Kruglovsky District submitted for registration, refused to register it on the grounds that, firstly, the structure of the charter does not correspond to the sequence of presentation of questions, which is established by art. 8 of the Federal Law “On General Principles of the Organization of Local Self-Government” dated October 06, 2003 No. 131, secondly, it is expedient to provide in the statute the position of the district head elected by the population, thirdly, there was no receipt of the registration fee. Is the refusal to register the statute on the part of the justice department valid? In what order can it be appealed? 5. Residents of the village of Lugovoe held a gathering where they decided to raise funds for the construction of a new bridge over the river. The village administration refused to comply with the decision of the gathering on the grounds that the establishment of local taxes and fees is within the exclusive competence of the village council. How should this issue be resolved? 6. The governor of the region sent written recommendations to all municipalities, in which he proposed to representative bodies to fix the following procedure for electing the heads of municipalities in the charters on local self-government:
formations are elected by representative bodies of local self-government from their own membership. The candidate for the post of the head of the municipal council is the regional governor. Subsequent amendments to the statutes related to the procedure for electing the head of a municipality may be made only after a local referendum on this issue has been held. Comment on these recommendations of the governor of the region. 7. Kirillov was appointed to the position of junior specialist of the municipal administration of the city administration. Soon, the management vacated the position of leading specialist and Kirilov wrote a statement requesting his transfer to this position. The head of the department suggested Kirillov to pass a qualifying exam to determine his ability to take this position, which Kirillov refused, saying that his qualifications are confirmed by his special education, prior to many years of work experience and positive characteristics from his last job, he therefore has the right to occupation of a vacant post. For clarification Kirillov appealed to the legal adviser of the city administration. Prepare a response to Kirillov on behalf of the legal adviser.

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