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2.4. Local governments in the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation

The constitution of the Russian Federation recognises the person, its rights and svobo-dy as the higher value (item 2), establishes, that the rights and freedom of the person and gra-zhdanina are directly operating and define sense, soder-zhanie and application of laws, activity not only public authorities, but also local government (item 18), assigns to bodies local sa -

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moupravlenija function of protection of a public order (item 132).

From here to a trace-et, that all bodies and officials local самоуправления1 should slu-live an overall objective: to maintenance of the rights and freedom of the person and the citizen, creation of all necessary conditions for their realisation and protection. Not casually President of the Russian Federation in the Message to Federal assembly (on December, 12th, 2013) has paid attention that «… the local authorities should be arranged so – and after all it is the closest power to people, – that any citizen, figuratively speaking, could reach it a hand» 2.

At the same time, as the Prosecutor General of the Russian Federation JU.JA.seagull in the performance at session of Council about local government development «… on-rushenija laws from officials of bodies of local authorities widespread has noted. Their quantity, unfortunately, does not decrease. The facts of superfluous administration of enterprise activity, a tightening of allowing procedures of pu reclamations of superfluous documents, imposings of paid services and mnozhest-vennyh coordination, and also an unreasonable establishment of local taxes and gathering become objects to use-rorskogo of intervention. Besides it housing laws of children-orphans and de parents who have remained without care, veterans of the Great Patriotic War are not always observed, the rights of invalids to besprepjatstven th access to municipal objects social and transport infrastruk-rounds, other social rights of the citizens requiring the state protection are not provided in full. In total in 2012 by public prosecutors it is revealed over one million 300 thousand (growth of 16 %) infringements of laws, thus more than 230 thousand from them have been connected with various corruption displays. With a view of elimination of infringements it is brought almost 226 thousand representations, more than 25 thousand officials pre-dosterezheno about inadmissibility of law-breaking. It is initiated over 1 thousand criminal cases (growth of 20 %) »3.

1 See: About the general principles of the organisation of local government in the Russian Fede-portable radio set: the federal act from October, 6th, 2003 № 131-FZ (in red. From October, 4th, 2014) (chapter 6)//Meeting of the legislation of the Russian Federation. 2003. № 40. Item 3822; 2014. № 40 (CH. 2). Item 5321.

2 Message of the President of the Russian Federation V.V. Putin n n from December, 12th, 2013//the Russian newspaper. 2013. On December, 13th.

JU.JA.session's 3 Seagull of Council about local government development (on January, 31st, 2013) [the Electronic resource]//the Official site of the President of the Russian Federation. URL: http://state.kremlin.ru/council/9/news/17397 (reference date: on January, 21st, 2014).

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The constitutional fastening of the rights and freedom of the person and the citizen javlja-etsja a guarantee of freedom and a civil society and each person from proizvo-la the government and the power of local governments.

Them osno-howl the doctrine about freedom of the person as about its state of nature is. Svobo-yes consists in possibility to do everything, that does not bring harm to another. Freedom che-loveka, hence, cannot be absolute, it is limited same with-standing (freedom) of other people. Equality of possibilities for all  freedom basis.

According to Federal act item 34 «About the general principles of the organisation of local government in the Russian Federation» from October, 6th, 2003 № 131-FZ (in red. From October, 4th, 2014) «structure of local governments about a municipal union representative body, the head munitsi-palnogo formations, local administration (executive body of municipal union), kontrolno-schetnyj or-gan municipal union, other bodies and the elective officials of local government provided by the charter municipal obrazova-nija and possessing municipal own powers under the decision of questions of local value».

Duties of bodies and officials of local government follow from the Constitution of the Russian Federation of norm-principle formulated in article 18 at realisation of the competence to proceed, first of all, from firmness, nenarushaemosti and direct action of the cores a game-stitutsionnyh and other rights and freedom of citizens as leading principles of the deja-telnosti. They should act as the main reference point at acceptance the specification th of legal acts of bodies and officials of local government and them pravoprimenitelnoj experts. If any positions of certificates of bodies and officials of local governments expressly or by implication ushchem-ljajut human rights this certificate comes under to cancellation according to is established th order.

According to article 15 of the Constitution of the Russian Federation any standard legal acts mentioning the rights, freedom and duties of a forehead-century and the citizen, cannot be applied, if they are not published officially for general data. This requirement to the full extends and on ak -

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You of bodies and officials of local government. In those municipal unions where there are no mass media, texts of decisions should be hung out at stands in specially certain places there where usually happens populously.

The constitution of the Russian Federation guarantees to everyone the judicial zashchi rights and freedom (item 46). Decisions and actions (or inactivity) bodies and officials of bodies of local self-management, and also the official information which has formed the basis for from action or decision-making in which result the rights and freedom of the citizen are broken can be an appeal subject in court. The order of the similar appeal is regulated Zako th Russian Federation from April, 27th, 1993 № 4866-1 «About the appeal in court of actions and the decisions breaking the rights and freedom of citizens» (in red. From February, 9th, 2009) 1.

The constitution of the Russian Federation has fixed, that the Russian Federation is the social state which policy is directed on creation of the conditions providing a worthy life and free development of the person (item 7). This constitutional establishment to the full concerns local government, to its bodies and the officials, which duty jav-ljaetsja care of social justice, well-being of the inhabitants, them from security. In the social state local government that should be social. It is a legal principle of the local self-management, one of its legal bases.

Presence of 23 thousand units of municipal unions in Russian Федерации2 with their individual territorial is important, that, historically, cultural, social, economic, etc. features speaks if not about paramount, at least to essentially necessary function of local governments expressed in direct praktiche-skoj to realisation of the rights and freedom of the person and the citizen.

1 Sheets of Congress of People's Deputies and the Supreme body of the Russian Federation. 1993. № 19. Item 685; Meeting of the legislation of the Russian Federation. 2009. № 7. Item 772.

2 As of January, 1st, 2013 in the Russian Federation was 23001 mu-nitsipalnoe formation. See: the Database of indicators of municipal unions [the Electronic resource]//the Official site of Federal service state hundred-tistiki. URL: http://www.gks.ru/dbscripts/munst/munst.htm (reference date: on February, 11th, 2014).

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One of the major components providing realisation of human rights on worthy existence, creation of conditions for it is trudo-howl activity. On it article 37 of the Constitution of Russia-skoj of the Federation, proclaiming work freedom, the right to work in conditions, from-vechajushchih safety requirements and hygiene is directed, in particular; compensation for work without ka that was discrimination and not below established federal zako th minimum size of payment труда1; the right of defence from unemployment; pra-in on labour disputes and their permission established by the legislation spo-sobami, including the right to strike; a right to rest. Laws of master and servant and freedom protect the person from an arbitrariness of employers, give the chance to it otstai-vat the advantage and interests.

In realisation of these rights bodies local sa-moupravlenija to which terms of reference employment assistance is carried on-settlement should play an active role. After all work freedom should be combined really with possibility poluche-nija works which for the majority of able-bodied citizens remains bases thes a source of means of existence.

The legal basis of activity of local governments in sphere of assistance of employment of the population is constituted by the Law of the Russian Federation from April, 19th, 1992 № 1032-1 (in red. From July, 2nd, 2013, from amendment from May, 5th, 2014) «About zanja-tosti the population in the Russian Federation» 2.

Local governments have the right to participate in the organisation and fi-nansirovanii: carrying out of paid community works; the time I rub-doustrojstva minors at the age from 14 till 18 years in free from uche time, the jobless citizens experiencing difficulties in search of work, without-rabotnyh citizens at the age from 18 till 20 years from among the graduates of obrazovatel th establishments of initial and average vocational training searching for work for the first time; fairs of vacancies and educational workplaces, and also can okazy-vat assistance to bodies of service of employment in trustworthy information reception about employment of citizens.

1 Since January, 1st, 2014 the minimum wage rate sum constitutes 5554 cutting in a month / See: About the minimum wage rate: the federal act from June, 19th, 2000 № 82-FZ (in red. From December, 2nd, 2013) (item 1)//Meeting of the legislation of the Russian Federation. 2008. № 26. Item 3010; 2013. № 49 (CH. 1). Item 6337.

2 Meeting of the legislation of the Russian Federation. 1996. № 17. Item 1915; 2013. № 27. Item 3477; 2014. № 19. Item 2321.

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Solving these vital problems, local governments with-operat creation in the territory of the enterprises of various forms sobst-vennosti, including joint ventures with participation of foreign investors. Special attention they should give to support of small business, country (farmer) economy, industrial and consumer koo-perativov, the noncommercial organisations, using in these purposes such finanso-vyj the tool, as fiscal incentives, and giving other privileges and preimushche-stva (soft loans, interest-free loans, short-term loans etc.).

Other side of the problem of maintenance of a worthy life is mothers-alnaja support of the persons not capable to work or requiring material support.

The constitution of the Russian Federation guarantees to everyone social security on age, in case of illness, physical inability, loss of the supporter, for education of children (item 39), and also has fixed, that the motherhood and the childhood, a family are under protection of the state (item 38).

Along with the state bodies local governments participate in this work also. They from own and involved means have the right to appoint and pay surcharges to pensions and grants. Their bodies of social protection of the population make appointment, recalculation, payment and delivery of gosu-donative pensions.

The municipal centres of social service consisting from a clod-pleksa of various establishments, rendering social services, urged to reveal the citizens requiring social service, to define neob-hodimye for them kinds of social services, to provide their granting. At the municipal centres of social service can be created: munitsi-palnyj available housing of social appointment, and also shop, proizvodstven th workshops, part-time farms, the shops trading for reduced prices, etc.

Financing of municipal sector of system social serve-vanija the moustache-meadow is carried out both at the expense of means of local budgets, and at the expense of a pillbox-tsy from means of the federal budget and budgets of subjects of the Russian Fede-portable radio set according to the guaranteed state the list social. Besides free social service, municipal sotsial th services can carry out services for a payment.

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Social field of activity of local governments vkljucha-et in itself also questions of habitation, formation, culture, public health services. This activity is subordinated to realisation of the Russia-skoj guaranteed by the Constitution of Federation of the rights:

 On dwelling (article 40);

 On health protection and medical aid (article 41);

 On favorable environment (article 42);

 On education (article 43);

 On using culture establishments, access to cultural values (article 44).

Besides, according to the Constitution of the Russian Federation local governments independently operate the municipal property, form, utver-zhdajut and execute the local budget, establish local taxes and gathering, carry out public order protection, and also solve other questions me-stnogo values (ch. 1 items 132).

Local governments should support and encourage time-solved with the legislation public and private activity, sposobst-vujushchuju to satisfaction of diverse requirements of the person, realisation of its economic and welfare rights and freedom.

Local governments provide satisfaction of the basic vital needs of the population in the spheres carried to conducting munitsi-palnyh of formations, at level not below minimum state sotsi-alnyh the standards which performance is guaranteed by the state by for-fastening in incomes of local budgets of deductions of the federal taxes and taxes of subjects of the Russian Federation.

The current legislation analysis allows to say that in Russia there is wide enough list of questions of the local value solved at municipal level. At the same time, it does not mean, that state blow-stvo was eliminated from the decision of municipal problems. On the contrary, it zaintere-is put in meaningful dialogue with municipal authority and positive (about toch sights of interests of citizens, maintenance of their rights and freedom) results deja-telnosti local governments. In carrying out of the policy, life of citizens is directed th on improvement, public authorities and local sa -

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moupravlenija are partners. Feature of differentiation of their functions is direct participation of the state in definition of the cores naprav-leny developments of municipalities and their centralised is material-financial maintenance.

Participation of the state in the decision of questions of local value is, svo ake sorts, stimulus for increase of a role of local governments in these affairs. And even if to assume, that influence of municipalities will amplify, vlija-nie public authorities still will be rather and rather oshchuti el. It is connected first of all with politicisation of local problems, and also that their sharpness is felt by a considerable part of citizens.

Meanwhile, it does not say that municipalities do not participate in state affairs. According to the Constitution of the Russian Federation bodies me-stnogo self-management can be allocated with the law separate state powers with transfer necessary for their realisation material and financial assets. Realisation of the transferred powers is under control gosu-darstvu (ch. 2 items 132). Moreover, practice of many municipalities shows, that in certain cases, when there is no the express indication fixed in the law on performance of any state power, bodies local sa-moupravlenija all the same realise them. As V.F.Gorodetsky (the mayor of has noted But-vosibirska), «now we are to some extent forced to solve these questions though legislatively they for us are not fixed» 1. Are forced, because orga th local government  it is unique local authorities in the municipal unions, possessing obshcheterritorialnoj the competence and the received powers from the population. Is absolutely defensible notices V.I.Vasilev, that «owing to the position in system of public management they cannot evade from the decision of these problems, objectively inevitable in a moustache-lovijah of transitive economy with its semistate character, neustojav-shimisja the market relations, remaining traditions Soviet pe-rioda» 2. It is especially obvious in modern, there is enough not simple, sotsial -

1 Municipality has summed up social and economic development for 2012 (is new-sibirsk)//the local government Newsletter. 2013. № 5 (223). On February, 12th. With. 22.

2 Vasilev V. I. Local government: the constitutional ideas and practice//Magazine of the Russian right. 2013. № 9. With. 7.

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But-economic conditions (a rate of unemployment, wages delay, closing of the enterprises, etc.).

Certainly, the decision of these problems probably, but only on obshchegosudarst-vennom level and not indifferences of local authorities, which should make everything, at least, to minimise negative consequences. In this si-tuatsii it is necessary to make use also of the saved up positive experience from-efficient municipal unions in certain sphere.

V.F.Gorodetsky considers, that to the competence of bodies local self-justices-lenija, along with questions of local value and the separate powers transferred to it, it is necessary to carry questions of the state value which should dare municipalities on a constant basis with the account gosudarst-vennyh specifications and standards and at the expense of public funds. Proceeding from it, in number of questions of the state value coordination function gets also. V.F.Gorodetsky's such approach obviously contradicts the Constitution of the Russian Federation which assigns to local governments exclusively reshe-nie questions of local value (ch. 1 items 132) and performance transferred by it from-efficient the state powers (ch. 2 items 132), but as not the decision of vopro-owls state значения1.

It is represented, that ideas about full differentiation of powers of local governments at the given stage of development Russian it is state-sti are a certain illusion. The matter is that the constitutional quintessence (item 12 of the Constitution of the Russian Federation): «In the Russian Federation the local government admits and guaranteed. Local government within the powers independently. Local governments are not included into system of public authorities», it is necessary to consider as the important legal guarantee of freedom of local government, but not its independence of the state. In this case it is a question of an autonomy of local government from gosudarst-vennoj the authorities in the structurally-organizational plan. Meanwhile, in a holder-but-functional the plan local governments are in system of state-imperious relations. The organisation and functioning of these or-ganov are predetermined by certificates of public authorities.

1 Municipality has summed up social and economic development for 2012 (is new-sibirsk)//the local government Newsletter. 2013. № 5 (223). On February, 12th. With. 22.

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Here the thought stated by the President of the Russian Federation V.V. Putin at session of Council about development local self-justices-lenija at the President of the Russian Federation on January, 31st, 2013 has great value: «In spite of the fact that the given level of management is not called as state in legal sense of a word, but on sense, of course, it is one of the most major state levels of the power because it directly works with people in daily, in an hourly mode. And with people works, and problems of our citizens solves most nasushch th» 1.

Unfortunately, today, negatively affects the general condition zhiz citizens of municipal unions, maintenance of their rights and freedom of an expert of disproportionate distribution of the state powers. In a number sub-ektov public authorities charge to the Russian Federation munitsi-palitetam enough great volume of powers, in a kind of that, at them, simply, there is no time qualitatively to approach to the decision of questions of local value. Vi-dimo public authorities of subjects of the Russian Federation do not see the limited character in the constitutional formula «… to be allocated with the law from-efficient the state powers …» (ch. 2 items 132). "Separate", i.e. Some, single, a small part. Actually in 2012 to Voronezh-skoj, Lipetsk, Tambov areas local governments should realise from 6 to such 15 powers, in Leningrad  63, Yaroslav-skoj  27, Krasnoyarsk region  432.

It speaks all about insufficiency of legal regulation of an order nade-lenija local governments separate state full-mochijami. The legislative concrete definition of the given establishment with definition of criteria of its realisation, rules, quantities of transferred powers etc. is necessary.

1 Putin V.V. Zasedanie Soveta on local government development [the Electronic resource]//the Official site of the President of the Russian Federation. URL: http://state.kremlin.ru/council/9/news/17397 (reference date: on January, 21st, 2014).

2 See: the Shorthand report of parliamentary hearings of Committee of the State Duma on fe-derativnomu to the device and local government questions on a theme: «Questions zako-nodatelnogo maintenance of differentiation of powers between levels public vla-sti» from April, 26th, 2012 [the Electronic resource]//the Official site of Committee of the Gosu-donative Duma on the federal device and local government questions. URL: http://www.komitet4. km.duma.gov.ru/site.xp/050056054124055054055.html (date about-rashchenija: on January, 21st, 2014).

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It is necessary to mean, that decentralisation of public management, on sense of item 12 of the Constitution of the Russian Federation, assumes a concession the state of the decision of some question to the local governments which have been not connected by relations subor-dinatsii with the state bodies. But thus transfer should ogranichi-vatsja limits behind which it would mean independence. In general, power decentralisation is inseparable from idea of its unity. In this plan Konstitu-tsija the Russian Federation corresponds to the western doctrines децентрализации1.

One of the main criteria of an estimation reached in modern rossij-skom a society of a level of development of local government is, certainly, personal criterion which is defined, first, by completeness of the rights and freedom of the person and the citizen at its municipal level social and a legal status and, secondly, a reality of the corresponding rights, their degree garan-tirovannosti from the point of view of actual possibilities of the person to participate in the decision of questions of local value to use welfare and other blessings of local community.

For a long time the federal authority practically did not give attention to local government problems. Finally it neposred-stvenno affects a standard of living of the population of municipal unions.

One of sources of the developed situation is poor quality for-konodatelnoj bases of local government. The federal act «About the general principles of the organisation of local government in the Russian Federation» and corresponding certificates of subjects of Federation in small degree are adjusted as with a real condition of local government, and with each other. One of the reasons – an illegibility in differentiation of powers with public authorities of subjects of the Russian Federation, and also – uncertainty for what should otve-chat the state bodies, and for what – local governments. Thereupon it is necessary to specify legislatively concept and the list of questions of "local value». The part from them is crossed with problems which are carried out - by federal and regional public authorities. Others – demand enormous material support and can be successful realizo-vany only with assistance of subjects of Federation, and sometimes – and at a straight line under-derzhki the federal centre.

1 See: Markou G. Essay on the Clarification of Some Key Concepts and Methodical Problems. Decentralization and Local Democracy in the World. First Global Report. 2007. P. 309.

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In this plan the impartial assessment of existing position consists that we while are only at the initial stages of formation of uniform, complete system of protection, protection and warranting of actual possibilities of realisation of the rights and freedom at level concrete municipal obrazova-ny, especially in some regions of the country (for example, Republic Dagestan, Republic Ingushetia) where the prospect of local government should be estimated on the basis of the analysis of real processes of social and economic and political development, instead of ideal models economic samoobespeche-nija and political self-organising of the population. Therefore the problem of protection and for-board the rights and freedom of the person and the citizen at municipal level should be considered in organic unity with the general laws and consisting-niem economic and political transformations which occur in on a society. Most widely it should be presented in charters muni-tsipalnyh formations. And it is not casual, as the given level obes-pechivaet real possibilities not only declarations, but also realisation of the corresponding rights and freedom. Their fastening in unity with a theme of munitsipal th warranting should become the obligatory requirement, in particular, to a moustache-tavam of municipal unions. It is indicative in this plan, that, for example, the Charter of a city of Tyumen, contains the special chapter «Guarantees of local self-management in a city of Tyumen. Responsibility of bodies and officials of places ths of self-management of a city of Tyumen» (the chapter XI) 1 where are fixed legal wasps-are new of a municipal policy in the field of maintenance of the rights and freedom of members go-rodskogo communities. It means that protection and protection of the rights and freedom of a forehead-century and the citizen occurs in close interaction with state or-ganami, establishments and the enterprises located in territory muni-tsipalnogo of formation. Thereby the principle of interaction of the state and municipal bodies in organisation-legal furs-nizme of maintenance of the rights and freedom of the person and the citizen is established. The urgency of this principle is defined already by that the great bulk of all social privileges pre-is delivered on the basis of interaction of the state budgets of subjects of Federation and local budgets of municipal unions. Concrete

1 Charter of municipal union city district the city of Tyumen (the Charter of the city of Tju-meni) from March, 16th, 2005 № 162 (in red. From March, 27th, 2014)//the Tyumen courier. 2007. On August, 8th; 2014. On April, 29th.

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Forms and the maintenance of such interaction are various with reference to mehaniz realisations and to ways of warranting of the separate rights and freedom. In one cases when, for example, creation of appropriate guarantees of realisation sootvetst-vujushchego the rights is connected with financial expenses first of all state (federal or the subject of Federation) the budget, activity of municipal bodies has additional, subsidiary character. An example are the rights of veterans connected with realisation of their privileges, established by the Federal act from January, 12th, 1995 № 5-FZ (in red. From June, 28th, 2014) «About veterans» 1. In other situations, concerning population social protection, first of all, at the expense of the local budget, on the contrary, activity of bodies local samoupravle-nija is the basic.

Thus activity of local governments on protection and for-board the rights and freedom of the person and the citizen, has universal character: it extends on all population of the country living in their municipal unions, and on all rights and freedom. This circumstance receives, in those or other forms, and a legislative recognition, in particular at level of subjects Fe-deratsii.

Thus, activity of local governments regarding hectares-rantirovanija of the rights and freedom of citizens extends on all basic spheres of human ability to live and promotes, to some extent, formiro-vaniju guarantees of realisation of all system of constitutional laws and freedom  and with-tsialno-economic, and political, and, in a certain measure, personal (grazh-danskih) the rights and freedom of the person and the citizen. Therefore quite justified jav-ljaetsja allocation of a special kind of guarantees  of municipal guarantees of the rights both svo-bod the person and гражданина2. On the essence they are uniform with the state guarantees that, as well as the last, represent system of the conditions providing satisfaction of the blessings and interests of the person and the citizen. But functional action of municipal guarantees has the limited limits of territorial distribution. They operate within the limits of munitsipal th formations and their basic function is execution of obligations me -

1 Meeting of the legislation of the Russian Federation. 1995. № 3. Item 168; 2014. № 26 (CH. 1). Item 3406.

2 See: Mordvinian A.S. the mechanism of maintenance of human rights and the citizen / Under the editorship of Matuzova N.I. Saratov. 1996. With. 169.

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stnogo self-management in sphere of realisation of the rights and freedom of the person and the citizen on a residence, as member of local community.

Not casually, that variety of articles of the Constitution of the Russian Federation is contained by the positions reflecting a role of local government in warranting of the concrete rights and freedom (chch. 2 and 3 items 40; chch. 1 and 2 items 41; chch. 2 and 3 items 43). Value of municipal guarantees of the rights of citizens essentially raises in modern conditions. Pred-stavljaetsja, that maintenance of the complex decision of questions of service of the population and dosti-zhenija thereby political and social stability in regions posredst-vom vzaimosoglasovannyh actions of public authorities of subjects of the Russian Federation and local governments should become a basis a problem of local governments. Simultaneously the majority of questions of a development of education, public health services and culture, zhi-lishchnogo and municipal services, social service nasele-nija and a number of others should dare at level of public authorities of subjects of the Russian Federation and local governments.

Therefore in activity of local governments owe to a floor-chat more and more a wide circulation of an expert of working out and acceptance tsele-vyh municipal programs both complex, and a special-purpose character. The first concerns, for example, necessary for all municipal unions «Program of social protection of the population» which should have dolgosroch th character and reflect all spectrum of social policy of municipality, including definition of accurate financial indicators of realisation of such kinds of social protection of separate categories of the population, as: the monetary help; on the help (in the form of products and essential commodities); the help connected with use of municipal privileges and services; humanitarian and time-personal of the form of the sponsor's help; it is advisory-legal aid; sodejst-vie employment of the population, etc.

So, for example, with a view of maintenance of additional social support of jobless citizens, motivation preservation to work at the persons having dlitel th break in work or not having an operational experience and testing zatrudne-nie with employment, to execute item 24 of the Law of the Russian Federation from April, 19th, 1992 № 1032-1 (in red. From July, 2nd, 2013, from amendment from May, 5th, 2014) «About

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Population employment in the Russian Federation »1, the Governmental orders of the Russian Federation from July, 14th, 1997 № 875 (in red. From March, 25th, 2013)« About statement Polo-zhenija about the organisation of community works »2, it is necessary to accept at level of concrete municipal unions certificates of the corresponding authorities, the concerning organisations of paid community works, such, for example, as:

1) building of highways, their repair and the maintenance, a lining of water, gas, sewer and other communications;

2) carrying out agricultural meliorative (irrigational) a ra-boat, works in a forestry;

3) preparation, processing and storage of agricultural production;

4) habitation building, reconstruction of an available housing, objects of welfare appointment, restoration of istoriko-architectural monuments, complexes, reserved zones;

5) service of passenger transport, work of the organisations of communication;

6) operation of housing and communal services and household obsluzhiva-nie the population;

7) gardening and an accomplishment of territories, development forest-park ho-zjajstva, rest and tourism zones;

8) care aged, invalids and patients;

9) maintenance of improvement and rest of children in a vacation, obsluzhiva-nie sanatorium zones;

10) the organisation of gathering and processing of secondary raw materials and a waste;

11) carrying out of actions of socially-cultural appointment (pere-pis the population, sports competitions, festivals etc.);

12) other directions of labour activity.

The activity connected with neobho-dimostju of urgent liquidation of consequences of failures, acts of nature does not concern community works, katast-rof and other extreme situations and demanding special preparation ra-botnikov, and also their qualified and responsible actions in kratchaj-shie terms.

1 Meeting of the legislation of the Russian Federation. 1996. № 17. Item 1915; 2013. № 27. Item 3477; 2014. № 19. Item 2321.

2 Meeting of the legislation of the Russian Federation. 1997. № 29. Item 3533; 2013. № 13. Item 1559.

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Degree garantirovannosti the rights and freedom of the person and citizen  zhite-pour rural and city settlements  is in this plan the important indicator of a maturity and a level of development of all system of local government. And on the contrary: any infringement of local government, substitution of the initiative of the population in the independent decision of questions of local value is attempt not only at bases of municipal democracy, but also at the rights and freedom of members of local community.

The important role in system of municipal guarantees of the rights and freedom of the person and the citizen belongs to public remedial associations, including regional and local value. Their excessive politicisation has actively-sti led to that they are guided on nation-wide and even international legal scales of the activity is more often, instead of on the decision of konkret th remedial problems in separate city district or rural pose-lenii. Local governments urged to assist and closely to co-operate with a human rights movement in the course of protection and protection of the rights and freedom of the population.

It has basic value as historical experience of Russia testifies, that in the field of protection and protection of the rights and freedom of the person and grazh-danina absolutization of public funds is inadmissible. The combination of the state, municipal and public beginnings in the remedial mechanism is tseleso is most-shaped. The municipal union population has the right for-shchishchat the rights in all ways which have been not forbidden by the law (ch. 2 items 45 the Game-stitutsii of the Russian Federation).

Original freedom of the person and the citizen is impossible, until citizens, their self-coping associations and public formirova-nija will not receive ample opportunities for solving influence on maintenance of the rights and freedom. Only democratic, civil society with the developed beginnings of places ths of the self-management which formation is the prime purpose of political transformations to Russia can become the carrier of remedial self-organising of the population.

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«As has shown the twenty years' period of the constitutional development of Russia, the West European municipal model cannot« be imparted »on our system of self-management» 1.

Unfortunately, it is necessary to recognise, that for the present practice lags behind from osnovopo-lagajushchih establishments about local government as about one of levels vla-sti where the population acts as the subject of accepted decisions. Interaction of local governments and citizens of municipal unions naho-djatsja only at a formation stage.

Here acceptance of some the measures directed on construction konstruk-tivnogo of dialogue between municipal authority and the population (for example, rasshi-renie participations of citizens in formation of bodies of municipal authority, the control over their work, periodic reports of local governments before on-settlement, carrying out of a different sort of joint actions etc. is required.).

The position of the President of the Russian Federation V.V. Putin which in svo ake Decree from May, 7th, 2012 № 601 «About the basic directions of perfection of system of the government» 2 has defined is worthy to establish on the legislator th level criteria and an order of an estimation citizens of efficiency of activity of heads of local governments; the unitary enterprises and uch-rezhdeny, operating at municipal level, and also joint-stock about-shchestv which controlling interest is in municipal sobstven-nosti, the services carrying out rendering necessary for maintenance of zhizne-activity of the population of municipal unions.

The huge prospect of strengthening of interaction of bodies of local self-management and citizens is available at the expense of use of information-telecommunication networks and information technologies.

In this sphere is available and a corresponding legal basis. So, for example, the Federal act from July, 27th, 2010 № 210-FZ (in red. From July, 21st, 2014) «About the organisation of granting of the state and municipal services» 3 predu-smatrivaet possibility of rendering of services in the electronic form under the list, utver-zhdennomu the Government of the Russian Federation; the Federal act from May, 2nd, 2006 № 59-FZ

1 Tabolin V.V. To a question on the konstitutsionno-legal nature of self-management in Russia//the Government and local government. 2013. № 12. With. 38.

2 Meeting of the legislation of the Russian Federation. 2012. № 19. Item 2338.

3 Meeting of the legislation of the Russian Federation. 2010. № 31. Item 4179; 2014. № 30 (CH. 1). Item 4264.

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(In red. From July, 2nd, 2013) «About an order of the reference of references of citizens of the Russian Federation» 1 fixes the right of citizens to address in the state bodies and local governments not only in the oral form, but also through the Internet; the Federal act from February, 9th, 2009 № 8-FZ (in red. From December, 28th, 2013) «About providing of access to the information on activity of the state bodies and local governments» 2 provides access of users infor-matsii to the information on activity of local governments; transportation-glashaet principles of an openness, availability and reliability of the information about deja-telnosti local governments; specifies, that access to an inform-tsii about activity of local governments can be provided on-means placings by local governments of the information on the activity in a network "Internet".

The president of the Russian Federation to the Government of the Russian Federation the task in view to provide by 2018 that the share of the citizens using the mechanism of reception of gosudarstven th and municipal services in the electronic form, constituted not less than 70 %. In this direction scale work is led and certain results are already reached. The population of municipal unions even more often began to address in local governments through the Internet. For example, in 2013 in Admini-stratsiju cities of the Barrow and its bodies 36995 references (in 2012  28446), including by e-mail  of 926 references (in 2012  700), a dawn-gistrirovano of 268 phone calls (in 2012  112) 3 have arrived; in Administration goro-yes Krasnoyarsk in January-December, 2013 17415 written references of citizens have arrived, including 9377 citizens that constitutes 53,8 % from the general number of the written references which have arrived in admi-nistratsiju города4 have taken advantage of a virtual reception. Such form of dialogue allows citizens to solve the about-blemy without superfluous bureaucratic barriers and superfluous expenditure of time. A number muni-tsipalnyh formations (for example, Nefteyugansk municipal area the Khan -

1 Meeting of the legislation of the Russian Federation. 2006. № 19. Item 2060; 2013. № 27. Item 3474.

2 Meeting of the legislation of the Russian Federation. 2009. № 7. Item 776; 2013. № 52 (CH. 1). Item 6961.

3 Results of references of citizens for 2013 [the Electronic resource]//the Official site mu-nitsipalnogo formations a city the Barrow. URL: http://www.kurgan-city.ru/feedback/overviews/2013.php (reference date: on January, 21st, 2014).

4 Statisticans of references [the Electronic resource]//the Official site of Administration of a city of Krasnoyarsk. URL: http://www.admkrsk.ru/reception/Pages/otchet.aspx (date obra-shchenija: on January, 21st, 2014).

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You-mansijskogo of autonomous region) practise direct transmissions of public hearings in a mode online on the questions connected, for example, with change the Moustache-tava of area. In Vladimir the head of a city gives answers to questions of inhabitants in it-lajn-interview. Each citizen by means of a network can set the Internet in-pros, express the opinion, state the offer etc.

As a whole, quality of protection and protection of the rights and freedom of the person and the citizen in municipal unions leaves much to be desired and depends from professio-nalizma shots of local governments. This problem, unfortunately, does not dare suddenly. Legal and financial maintenance, and also definition of the basic directions of preparation and retraining of personnel Is required. Experience of of Belgorod, where with a view of assistance soz-daniju conditions for professional growth of young experts (professio-nalnaja preparation, design activity and efficiency proposals, a personnel reserve) in this respect is worthy; assistance to increase of social activity young spe-tsialistov, and also to formation of spiritually-moral, patriotic bases at young experts the public organisation «Council mo-lodyh experts of administration of a city of Belgorod» 1 functions.

In it finds the reflexion that fact, that between local samoupravle-niem and institutes of the rights and freedom of the person and the citizen the closest take place interdependent, direct and feedback. Therefore the further development of system of protection and protection of the rights and freedom of the person and the citizen at this level should become one of the important conditions of successful realisation of reform of local government.

It is obvious, that for the decision of these problems the great value would have prinja uniform standard legal acts of federal level. With the account spetsi-fiki a subject of its regulation and the place in the general system the legislator th of a basis of local government it could be developed and accepted in the form of the federal act having, on the one hand, obligatory ha-rakter and the higher validity, and, with another, the maintenance and the form izlo-zhenija which would underline its special importance in system of munitsipal th legislation as document which should receive the development and

1 Council of young experts [the Electronic resource]//the Official site of bodies me-stnogo self-management of a city of Belgorod. URL: http://www.beladm.ru/sovetMS/(date about-rashchenija: on January, 21st, 2014).

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Concrete definition in current standard legal acts, first of all, subjects of Federation and municipal unions. The concrete name of is offered th document can be defined, for example, as the Federal act «About bases thes directions of protection and protection of the rights and freedom of the person and the citizen in mu-nitsipalnyh formations of the Russian Federation».

In the offered document it would be expedient to fix, first of all, the competence of local governments, warranting system, the answer-stvennost of bodies and officials of a case not executions or not ought-shchego to execution of the duties assigned to them on protection and protection of the rights and freedom of the person and the citizen that would be a legal basis for more de-talnogo regulations of corresponding questions at level regional and local normotvorchestva. The offered standard legal act would allow to realise more consistently the constitutional beginnings of differentiation of terms of reference and powers between Federation and its subjects in the field of protection and protection of the rights and freedom of the person and the citizen. Besides, among dej-stvennyh the measures providing prevention of infringements of the rights and freedom of a forehead-century and the citizen, it is possible to name: carrying out at local level due mo-nitoringa legislations; Realisation of ordering of certificates of bodies of places ths of self-management; an exception of practice of an assumption of tehniko-legal errors (infringement of rules of legal technics) in the course of municipal normotvorchestva.

Thus, their more detailed regulation is necessary for realisation of appropriate protection and protection of the rights and freedom of the person and the citizen in the branch legislation. In this connection the state should describe particularly and clearly the duties, and also duties of public authorities of subjects of the Russian Federation and local governments and their order ispolne-nija in rules of law. Otherwise «uncertainty of norms can lead not soglasujushchemusja with a principle of a lawful state to an arbitrariness go-sudarstvennyh bodies and officials and to infringement of equality of the rights of citizens before the law» 1. Assigning to itself certain duties, state blow -

1 On business about check of constitutionality of the Law of St.-Petersburg from July, 14th, 1995 «About land tax rates in St.-Petersburg in 1995»: Decision Konsti-tutsionnogo of Court of the Russian Federation from October, 8th, 1997 № 13-P//Meeting of the legislation of the Russian Federation. 1997. № 42. Item 4901.

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stvo should create, at least, necessary conditions for execution of the given duty: to provide procedure, to create special bodies, to define degree, the form, and possibility of intervention of the state in area of the rights and freedom of the person and the citizen.

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A source: KIRICHYOK EVGENIE VLADIMIROVICH. ORGANIZATION-LEGAL MECHANISM of MAINTENANCE of CONSTITUTIONAL LAWS And FREEDOM of the PERSON And the CITIZEN In the conditions of INTERACTION of POLICE And INSTITUTES of the CIVIL SOCIETY In the RUSSIAN FEDERATION. The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow. -201

More on topic 2.4. Local governments in the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation:

  1. 1.4. Hermeneutics of the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  2. 2.2. Federal public authorities in the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  3. 2.1. Concept, signs and structure of the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen of the Russian Federation
  4. 2.3. Public authorities of subjects of the Russian Federation in the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen
  5. 4.3. A place of institutes of a civil society in the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  6. 2.6. Problems and prospects of modernisation of the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  7. 3.1. A place and a police role in theorganisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  8. CHAPTER 4. INSTITUTES of the CIVIL SOCIETY In the ORGANIZATION-LEGAL MECHANISM of MAINTENANCE of CONSTITUTIONAL LAWS And FREEDOM of the PERSON And the CITIZEN In the RUSSIAN FEDERATION
  9. 3.2. Features of legal regulation of the organisation and police activity on maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation: a modern condition and dynamics of development
  10. CHAPTER 3. POLICE In the ORGANIZATION-LEGAL MECHANISM of MAINTENANCE of CONSTITUTIONAL LAWS And FREEDOM of the PERSON And the CITIZEN In the RUSSIAN FEDERATION: GENERAL-THEORETICAL And PRACTICAL PROBLEMS
  11. CHAPTER 1. TEORETIKO-METHODOLOGICAL BASES of the CONSTITUTIONAL FASTENING of the RIGHTS And FREEDOM of the PERSON And the CITIZEN And the ORGANIZATION-LEGAL MECHANISM of THEIR MAINTENANCE In the RUSSIAN FEDERATION
  12. 3.3. Main principles, forms and methods of activity of police on maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  13. CHAPTER 2. ESSENCE of the ORGANIZATION-LEGAL MECHANISM of MAINTENANCE of CONSTITUTIONAL LAWS And FREEDOM of the PERSON And the CITIZEN
  14. 5.3. Features of interaction of police and mass media at maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  15. KIRICHYOK EVGENIE VLADIMIROVICH. the ORGANIZATION-LEGAL MECHANISM of MAINTENANCE of CONSTITUTIONAL LAWS And FREEDOM of the PERSON And the CITIZEN In the conditions of INTERACTION of POLICE And INSTITUTES of the CIVIL SOCIETY In the RUSSIAN FEDERATION. The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow, -2014 2014