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§2. Pravotvorchesky activity of local governments and feature of its realisation.

Local government functioning is appreciably provided with local governments. According to article 2 of the Federal act from October, 6th, 2003 №131-ФЗ that are understood selected directly by the population and (or) obrazuemye a representative body of municipal union as the bodies allocated with own powers under the decision of questions of local value.

It is necessary to notice, that in the given definition all volume of activity of local governments reveals. After all except the decision of questions of local value, they execute separate state powers, and also other powers which fixed to them by federal acts and have been not excluded from their conducting by laws of subjects of the Russian Federation.

The list of local governments is defined in article 34 of the Federal act from October, 6th, 2003 №131-ФЗ. The municipal union representative body, the head of municipal union, local administration are carried To that, kontrolno-schetnyj municipal union body. The local governments listed above limit their list in Charters of a city of Chelyabinsk and Mozhaisk municipal area of the Moscow area. Except these bodies, in article 34 of the Federal act from October, 6th, 2003 №131-ФЗ possibility of creation of other bodies and elective officials of local government is fixed. These «other bodies and elective officials» should be provided the municipal union charter. Of this right, for example, have taken advantage in the city of Penza. [102]

The maintenance of activity of local governments is defined by their competence. In the Federal act from October, 6th, 2003 №131-ФЗ the exclusive competence only a municipal union representative body is fixed. Its other powers are defined by federal acts and constitutions (charters) accepted according to them, laws of subjects of the Russian Federation, charters of municipal unions. Powers of other local governments also are defined in charters of municipal unions. Thus in article 36 of the Federal act from October, 6th, 2003 №131-FZ it is established, that the head of municipal union the municipal union charter is allocated with own powers under the decision of questions of local value. In following article of this Law it is written down, that the local administration also is allocated with the municipal union charter

Powers under the decision of questions of local value and powers for realisation of the separate powers transferred to local governments by federal acts and laws of subjects of the Russian Federation. However presence at these bodies of own powers does not exclude their liability for control and the accountability from representative bodies.

The given order of definition of the competence of local governments is represented proved. First, thus the leading part of representative bodies in system of local governments that corresponds to the domestic concept of local government is underlined. Secondly, the basic standard legal act of municipal level providing legal regulation of local governments is legally allocated. Allocation of the charter of municipal union does the charter of the general system of municipal legal acts by the original standard for other municipal legal acts that guarantees their conformity to charter positions.

Realisation of the competence of local governments is carried out mainly by acceptance of municipal legal acts.

Thus on a share of local governments 99,5 % of all municipal legal acts are necessary. [103] it testifies to the special importance carried out by them pravotvorcheskoj activity.

The right of local governments on pravotvorcheskuju activity is fixed, first, regarding 2 articles 3 of the Constitution of the Russian Federation. According to the given constitutional norm the people carry out the power not only is direct, but also through local governments. This norm repeats regarding 2 articles 130 of the Constitution of the Russian Federation in which it is written down, that the local government is carried out by citizens not only by referenda, but also through local government elected bodies.

Such way of realisation by the people of the power assumes investment of local governments with a certain complex of powers which are realised by acceptance of the imperious decisions expressing will of the population of municipal unions. The most important powers of local governments directed on the decision of questions of local value, are fixed regarding 1 article 132 of the Constitution of the Russian Federation. 2 these constitutional articles are established by a part, that local governments can be allocated with the law separate state powers. To realise this right it is impossible without acceptance by local governments of corresponding imperious decisions. Thus, the named constitutional norms have put in pawn the strong base to realisation by local governments municipal pravotvorcheskogo process. Its strengthening and expansion is carried out at legislative level, and also at municipal level.

The basic act regulating activity of local governments in sphere of law-making, the Federal act from October, 6th, 2003 №131-ФЗ is. Regarding 1 article 7 of this Law their right to acceptance of municipal legal acts concerning local value is fixed, and regarding 2 these articles the right to accept municipal legal acts concerning realisation of the separate state powers transferred to local governments by federal acts and laws of subjects of the Russian Federation is fixed.

Considering the special importance of charters of municipal unions, in the Federal act from October, 6th, 2003 №131-FZ the special order of their acceptance is defined. These powers according to article 44 of the named Law belong to representative bodies of municipal unions, and in settlements in which powers of a representative body are carried out by a descent of citizens, the charter is accepted on a descent of citizens. The charter project not later than 30 days prior to day of consideration of a question on charter acceptance comes under to official publication (promulgation) for a general review. The order of the account of offers under the charter project is simultaneously published. The same order is established and for cases when it is supposed to make changes and additions to the municipal union charter.

The municipal union charter as it is established regarding 5 articles 44 of the Federal act from October, 6th, 2003 №131-ФЗ, is accepted by the two-thirds majority of voices from the established number of deputies of a representative body of municipal union. Considering its special importance, such order of discussion and voting by the charter project is quite justified.

In the Federal act from October, 6th, 2003. №131-ФЗ one more requirement raising the importance of charters of municipal unions is established. They without fail come under to the state registration in territorial body of the authorised body of the executive authority in sphere of registration of charters of municipal unions (territorial body of the Ministry of Justice of the Russian Federation).

Specified above position of the Federal act from October, 6th, 2003 №131-FZ develop and concretised in charters of municipal unions and other municipal legal acts. It is rather important, as the concrete definition of federal requirements is a guarantee of their execution at municipal level. In all charters of municipal unions the special heads defining the status of municipal legal acts and an order of their acceptance are allocated. In articles of the charters defining powers of local governments, their powers concerning acceptance of municipal legal acts, an order of their publication and coming into force are established. At the same time, in our opinion, local governments which in addition accept the special municipal legal acts defining their maintenance, and also regulating stages municipal pravotvorcheskogo process correctly arrive.

First of all, it is represented expedient to investigate the maintenance of legal acts in which requirements to municipal legal acts are defined. It is important because, as shown in chapter 1 of the present scientific work, in the Federal act from October, 6th, 2003 №131-ФЗ there are discrepancies in definition of their concept. Attempts to correct inexact definition of concept «the municipal legal act» at federal level undertake local governments which have made the decisions defining the status of own standard legal acts. Such certificate in the form of position, for example, was approved on March, 24th, 2015 by the Chelyabinsk municipal duma. It is called Position «On municipal legal acts». This Position is accepted with a view of:

- Effective planning and realisation pravotvorcheskoj activity of bodies and officials of local government of a city of Chelyabinsk;

- Maintenance of conformity of municipal standard legal acts of a city of Chelyabinsk to legislation requirements, rules of legal technics;

- Streamlinings pravotvorcheskoj activity of city bodies and officials of local government and ordering of accepted (published) municipal legal acts;

- Entering of municipal normative acts for their inclusion in the register of municipal standard legal acts of the Chelyabinsk area.

In analyzed Position the municipal duma has fixed own definitions of concepts «the municipal standard legal act of a city of Chelyabinsk» and «the municipal legal act of a city of Chelyabinsk, not having standard character». Thus, the first kind of certificates is understood as the municipal legal act published when due hereunder by local government of a city of Chelyabinsk, containing (establishing) rules of law, obligatory for the unlimited

Circle of persons on the territories of a city calculated on numerous application

And directed on settlement of public relations. Recognising expediency of fastening in positions on municipal legal acts of concept «the municipal standard legal act», it is necessary to notice, that in the definition resulted above such basic sign of the normative act as its subject is not specified. In this connection it is impossible to recognise the made definition high-grade, precisely opening essence of the municipal standard legal act.

It was not possible to open precisely concept of the municipal standard legal act of Position «On municipal legal acts of city district Pushchino». The given Position has been approved by the decision of Council of deputies of city district Pushchino of the Moscow area №316/54 from June, 28th, 2007 « About the Position statement on municipal legal acts of city district Pushchino ». [104] In the characteristic of the normative act containing this Position public relations which are regulated by the municipal standard legal act also are not defined, that is, the attention of developers of normative acts that by preparation of the standard legal act it is necessary to define, first of all, its subject is not paid. In Position which is accepted Council of deputies of the city of Pushchino, the normative act is called as the official written document. Judging by its definition, such legal act is accepted by a representative body or is published by the head of a city within its competence. In the named Position the basic signs of standard legal acts are defined also. Each of them is establishing, changing rules of law (a behaviour rule). Thus such certificates are obligatory for execution in all territory of city district Pushchino an uncertain circle of persons and are calculated on numerous application.

According to the Federal act from December, 29th, 1994 № 77-FZ «About an obligatory copy of documents», [105] municipal legal act concerns diplomas in this connection allocation of its this sign in above resulted Position of Council of deputies is admissible. At the same time N.A.Antonovoj's remark that the concept "document" does not coincide with concept "legal act" [106] is fair. The list of documents and ways of their creation is much wider. However there are no bases to deny a recognition of municipal standard legal acts documents. Besides, it is necessary to notice, that a mention of the right of the head of the city of Pushchino to accept along with Council of deputies standard legal acts also not necessarily. After all regarding 1 article 34 of the Federal act from October, 6th, 2003 №131-ФЗ it is written down, that the head of municipal union has the local government status. Hence, have the right to accept municipal legal acts. Besides, according to a part of 3 articles 7 of this Law, the legal acts accepted by local governments come under to obligatory execution in all territory of municipal union. Above noted allows to draw a conclusion that decoding in charters of the municipal unions, what bodies accept municipal legal acts, is not obligatory.

At the same time, in analyzed Position of the city of Pushchino the local administration as the body allocated with the right to accept municipal standard legal acts though, as is known, the executive body of the general competence is allocated with own powers under the decision of questions of local value is not named. This body is allocated also with powers for realisation of the separate state powers transferred to local governments by federal acts and laws of subjects of the Russian Federation. Hence, local administrations should have the right to accept standard legal acts, even when they are headed by the head of municipal union. After all local administrations have own competence. Other body in the name of the head of municipal union has not the right to carry out its realisation.

In both analyzed Positions approved accordingly by representative bodies of a city of Chelyabinsk and the city of Pushchino, the concept of not standard legal act reveals. These definitions are not identical. In Chelyabinsk position such certificate is called «the municipal legal act of a city of Chelyabinsk, not having standard character». Judging by its definition, the right to accept such certificate allocates authorised bodies of local government or officials. In such certificate contain the rights and duties for the limited circle of persons (are established, change or cancelled). Not successful the word-combination of "the limited circle of persons» in this case is represented. First, the local community is too «the limited circle of persons». Such generality of people is limited by municipal union territory. Secondly, not standard legal acts define the rights not abstract persons, and employees, other workers of local governments, that is they are as much as possible personified. In it their main sign. It was considered by developers of analyzed Chelyabinsk position.

In the Position approved by Council of deputies of the city of Pushchino not standard (individual) legal act having individual character and connected with concrete legal relations is characterised as the official written document, accepted (published) by local government or the official. In this case there is a certain personification. However in the opened concept

The individual legal act, also is not present due clearness as its sign «connected by concrete legal relations» is not clear. Any legal relations, in our opinion, are always concrete, instead of abstrakty.

Thus, the analysis of the above-named position has shown, that their developers have difficulties in concept definition «the municipal legal act». It confirms containing in chapter 1 of the present work a conclusion of the author of dissertation about expediency of fastening in the federal legislation of as much as possible accurate concept «the municipal legal act». Thus in the Federal act from October, 6th, 2003 №131-ФЗ it is expedient to differentiate concepts «the municipal standard legal act» and «the municipal not standard (individual) legal act».

It is necessary to notice, that analyzed Position of the city of Pushchino in detail regulates the method of adoption of municipal legal acts, fix stages pravotvorcheskogo process. Thus in it concepts "law-making" and «pravotvorchesky process» a little differing from each other reveal. In this connection we will open concept «pravotvorchesky process in the city of Pushchino». Authors of the given Position understand as that settled by the legislation and other standard legal acts of the Russian Federation and the Moscow area, the Charter and other standard legal acts of city district Pushchino process of preparation, entering, consideration, acceptance (edition), signing and official publication (promulgation) of the municipal legal act.

It is remarkable, that at municipal level correct terminology "pravotvorchesky", instead of "normotvorchesky" process is used. Obosnovanno in pravotvorchesky process joins acceptance not only standard, but also not standard municipal legal acts. It is necessary to notice, that in the given Position the concept «stages pravotvorcheskogo process» correctly reveals. Those are consecutive stages of acceptance (edition) of the municipal legal act, on each of which independent problems pravotvorcheskoj activity are solved.

In the organisation pravotvorcheskoj activity of representative bodies their regulations have great value. In these municipal legal acts are regulated not only questions of the internal organisation of representative bodies, but also an order of entering and consideration of projects of standard legal acts. Because the basic figure in each representative body is the deputy, in regulations their rights, including in pravotvorcheskoj to sphere in detail reveal. So, for example, according to regulations of Council of deputies of a city of Ivanteevka (it is approved by the Decision of Council of deputies of of Ivanteevka of the Moscow area from 30.10.2014 N 30/3 «About the statement of Regulations of Council of deputies of a city of Ivanteevka») to [107] each deputy the right to offer questions on consideration of Council of deputies is guaranteed, to put questions on submitting for examination of Council of deputies of projects of decisions and references, to offer changes in operating decisions. The deputy has the right to make amendments to projects of decisions, and also offers on necessity of acceptance of the new legal act. It is thought, that these rights allow deputies is high-grade to participate in pravotvorcheskom process.

For preliminary consideration of projects of decisions in Council the constant deputy commission on legal questions is created. And its chairman has the right to invite experts, including on vozmezdnoj to a basis, for participation in commission work.

The importance of regulations raises because in it requirements to projects of decisions are defined. In particular, their authors should adjust the text of the project with a legal department of administration of the city of Ivanteevka, and also with officials of administration who are engaged in the decision of questions of local value on a project theme. If the decision project regulates budgetary questions, questions of acceptance of programs and plans of social and economic development of a city, appointment of a city referendum, an order and management of municipal property, establishments or cancellations of taxes before entering into Council the project should be vised by the head of a city and the head of city administration. The visa can be replaced by the corresponding conclusion. The conclusion of anticorruption examination should be enclosed to each project of the decision of the session of Council of deputies included in the summons. The conclusions are applied on projects of decisions on financial questions kontrolno-schetnoj chambers of the city of Ivanteevka also.

Certainly, the organisation of expert work, gathering of the above-named conclusions complicates work of developers of projects of decisions. However, in our opinion, such complexities are justified, as at the earliest stages pravotvorcheskoj works the all-round analysis of the project is provided, the coordination of positions of various local governments is carried out.

The circle of subjects pravotvorcheskoj initiatives in representative bodies is wide enough. According to article 46 of the Federal act from October, 6th, 2003 №131-ФЗ projects of municipal legal acts can be brought by deputies of a representative body of municipal union, the head of municipal union, other elected bodies of local government, the head of local administration, bodies of territorial public self-management, initiative groups of citizens. The given list is not settled by the named subjects pravotvorcheskoj initiatives. In the mentioned norm it is noticed, that charters of municipal unions other subjects pravotvorcheskoj initiatives can be defined.

The analysis of charters shows, that representative bodies not actively use the granted right, i.e. do not aspire to allocate with the right pravotvorcheskoj initiatives as much as possible wide range of the local organisations. Such position, in our opinion, speaks insufficiently the developed system of public associations in the majority of municipal unions.

At the same time, in charters of municipal unions in pravotvorcheskoj to sphere at municipal level powers are fixed to officials and public authorities that is hardly expedient. After all display municipal pravotvorcheskoj

Initiatives is the first step on a way of the decision of questions of local value. The right to their decision, according to the Russian concept of local government caused by positions of the Constitution of the Russian Federation and the federal legislation belongs to the population of municipal unions as directly, and through local governments. Hence, a circle of subjects pravotvorcheskoj

Initiatives should be limited by the organisations and the collectives created by the population. Meanwhile, the right pravotvorcheskoj initiatives are allocated with charters of municipal unions public prosecutors. So, for example, the right of the public prosecutor of the city of Dolgoprudnyj to bring projects of legal acts in a representative body is fixed in the Charter of the city of Dolgoprudnyj of the Moscow area (it is accepted by the decision of Council of deputies of Dolgoprudnyj MO from 24.06.2005 N 42) [108]. The public prosecutor of a city of Chelyabinsk has the similar right. Its right pravotvorcheskoj initiatives is fixed in the Charter of a city of Chelyabinsk.

The basic carriers pravotvorcheskoj initiatives in the Chelyabinsk municipal duma are its chairman, its first assistant and assistants, city deputies, standing committees (committees) of a municipal duma, the head of a city of Chelyabinsk, deputy associations (fraction) of the municipal duma, the first assistants and assistants to the head of a city, kontrolno-schetnaja chamber, and also bodies of territorial public self-management and initiative groups of citizens. It is thought, that investment of so big number of officials with the right pravotvorcheskoj initiatives hardly expediently. It is quite obvious, that the head of a city should express

The consolidated will adjusted with the assistants and consequently, only it should bring projects of decisions in a municipal duma. It is important also because the head of a city heads city administration. The given body, as is known, operates on the basis of a principle, one-man management that is fixed in item 34 of the Charter of a city of Chelyabinsk.

With hardly expediently status of subjects pravotvorcheskoj initiatives to allocate the chairman of a municipal duma and its assistants as officials. After all they use this right as deputies. For the same reason there is no objective necessity to allocate its structural divisions, the commissions and committees the right of entering of projects of decisions of the Duma. At the same time, as it was already marked, such right followed assign to local administration regardless of the fact that it is headed by the head of a city.

Legal acts of municipal level are the tool of the decision of questions of local value. Those dare the population and local governments. Therefore, granting to the public prosecutor of the right pravotvorcheskoj initiatives in a municipal representative body contradicts the local government concept. Not korrespondiruetsja this right for the purpose of the Federal act from 17.01.1992 N 2202-1 «About Office of Public Prosecutor of the Russian Federation» [109] and with norms of article 77 of the Federal act from October, 6th, 2003 №131-ФЗ according to which Russian Federation on organs of the Prosecutor's Office supervision of execution by legislation local governments is assigned. The given function hardly should be combined with pravotvorcheskoj activity at municipal level. Refusal of such activity will not entail right restriction excludes the public prosecutor on rendering of the consulting help to developers of municipal normative acts. In such help preventive maintenance of offences from their party sees.

At the same time, proceeding from essence of local government, pravotvorcheskoj initiatives it is expedient to allocate with the right local public associations, branches of regional and federal public associations, labour collectives of the municipal unitary enterprises and state establishments, i.e. those local sociopolitical and economic structures which actively participate in a life of a city, settlement and are interested in the decision of questions of local value.

The procedure pravotvorcheskoj initiatives of citizens is defined in Federal act article 26 №131-ФЗ. Of such right the citizens who possessing the suffrage and have formed initiative group for its realisation can take advantage. It is necessary to notice, that developed such group the project of the municipal legal act can be brought not only in a representative body, but also other local governments allocated with the right to accept municipal legal acts. Thus local governments or officials of local government which competence acceptance of the corresponding certificate concerns, are obliged to consider it within three months from the date of its entering. It is obvious, that such time interval for project consideration is excessively great. Its observance can lead to loss of an urgency of the brought project. Hence, it should be reduced to the term established for references of citizens in bodies of public authority. It would be quite rational, as the federal legislator obliges not to accept, but only to consider the project of the municipal legal act.

The specified norm of the Federal act from October, 6th, 2003 №131-ФЗ repeats in all charters of municipal unions, and also in special certificates. It has found reflexion, for example, in the decision accepted by Council of deputies of rural settlement Semenovsky Stupinsky municipal area of the Moscow area on August, 18th, 2010 by which Position about a realisation order pravotvorcheskoj initiatives of citizens in rural settlement Semenovsky Stupinsky municipal area of the Moscow area "is approved". [110] In position pravotvorcheskaja the initiative is characterised as the form of direct participation of the population in local government realisation. In itself pravotvorcheskaja the initiative is the right of the citizens possessing the suffrage on entering of projects of municipal legal acts concerning local value, and also projects about their change or a recognition become invalid for operating certificates in bodies and to officials of local government of rural settlement Semenovsky. In position it is established, that the initiative group is formed in number of 2 percent of citizens from number of inhabitants of the settlement possessing the suffrage. This norm is especially important, for without it corresponding positions of the Federal act from October, 6th, 2003 №131-ФЗ and the Charter of the named settlement in territory of rural settlement Semenovsky cannot be applied, as in them contain otsylochnye norms to special legal acts of municipal unions on the given question. The municipal union charter rural settlement Semenovsky Stupinsky municipal area of the Moscow area is accepted by the decision of Council of deputies of rural settlement Semenovsky Stupinsky municipal area of the Moscow area from 17.04.2006 N 27/11 (It is registered in GU Ministry of Justice of Russia on the Central federal district 04.05.2006 N RU505283022006001 [111].

Realisation of such initiative in settlement Semenovsky is preceded by petition in support pravotvorcheskoj initiatives not less than 3 percent from quantity of citizens, constantly or mainly living on territory of settlement and possessing the suffrage on elections in local governments of rural settlement

Semenovsky, check of reliability of the signatures containing in subscription lists and the subsequent entering of the project. In a case neobnaruzhenija infringements at petition in support of the specified initiative the body or the official of local government which competence acceptance of the corresponding certificate concerns, is obliged to consider it within three months from the date of its entering. As it was marked earlier, to postpone consideration of the project of initiative group for such big term not rationally. To us it is thought, that such projects should be carried to number priority and to consider in the accelerated order. In such approach the way of activization pravotvorcheskoj population initiatives sees.

Original interpretation of the right of initiative groups of citizens on pravotvorcheskuju the initiative, is the right of bodies of territorial public self-management to bring projects of municipal legal acts in local governments. Such communication sees that bodies of territorial public self-management, no less than groups of citizens, are not formalized, are not allocated by imperious powers and in essence express interests of the population.

On the beginning of 2016 in the Russian Federation was 21 thousand such territorial self-administrative structures. They operated in territory of 4,5 thousand municipal unions. [112] considering that in our country is formed about 24 thousand municipal unions, it is obvious, that there are reserves in development of territorial public self-management. It is thought, that if it will occur, bodies of territorial public self-management will influence more actively on municipal pravotvorchesky process. Their right to such activity is fixed in article 27 of the Federal act from October, 6th, 2003 №131-ФЗ and in charters of municipal unions.

Recently there was one more form of display of civil activity in the form of public chambers of municipal unions. In our opinion, these chambers it is expedient to allocate with the right municipal pravotvorcheskoj initiatives. The operational experience of Public chamber of the Russian Federation has shown, that this public body actively participates in federal legislative process. It is thought, that the Public chamber of the Russian Federation could make active and work of public chambers of municipal level in a field of activity on working out of municipal legal acts.

Despite wide legal possibilities for pravotvorcheskoj activity of initiative groups of citizens and bodies of territorial public self-management, it is necessary to recognise, that is more active right entering of projects of decisions into representative bodies deputies, heads of municipal unions and local administration use. Frequently, when heads of municipal unions head local administrations, them pravotvorcheskie initiatives are considered as joint initiatives of the head of municipal union and local administration. At the same time, as it was already marked, local administrations have the right to bring and own projects of legal acts. Activity of deputies and heads of municipal unions, heads of local administrations is caused by that they more than public structures are prepared to pravotvorcheskoj activity and more than the public are interested in acceptance of the weighed, financially provided standard legal acts.

Carried out by representative bodies local self-management pravotvorchesky process is their principal view of activity. Its result are municipal legal acts. Without them local government functioning is not possible. After all municipal standard legal acts really regulate the public relations arising at the decision of questions of local value and the decision of other questions, being in their competence.

De jure receipt in a project representative body

The municipal legal act is an initial stage

pravotvorcheskogo process. nevkljuchenie in this process of earlier development cycle of the project of the normative act by initiative group, local administration or other subject of law of entering of the project of the normative act in a representative body it is caused by that such work is led out of walls of municipal parliament. Thus, such actions of subjects pravotvorcheskoj the initiative do not attract any obligations for a representative body.

The stage municipal pravotvorcheskogo process differs from other actions on working out of the project of the normative act by that it represents the list of obligatory actions for pravotvorcheskogo body. Their failure of justice attracts responsibility both the body, and its workers. Besides, the stage as set of in advance certain actions assumes its continuation in the form of new group also certain actions. Thus, as a rule, such actions are described in corresponding legal documents, more often in regulations or positions about the method of adoption of municipal legal acts. In this connection they are obligatory for realisation. So, within the limits of an initial stage pravotvorcheskogo process the representative body in the name of its device, is obliged to accept at the subject pravotvorcheskoj initiatives the project of the standard legal act, to check up presence of documents applied on it, to get a card of the project of the decision, to assign it number, to name receipt date in a representative body and thus to carry out the account of the arrived initiative. These actions concern to organizational-technical, but they define the further work with the documents arriving in a representative body. In this connection, they register in municipal certificates concerning the organisation pravotvorcheskogo process.

It is necessary to notice, that an initial stage pravotvorcheskogo process, no less than the subsequent stages, are not regulated on the legislative

Level. It is caused by that a part of 2 articles 46 of the Federal act from October, 6th, 2003. №131-ФЗ the right is carried to the competence of local government and the official of local government to define an order of entering of projects of municipal certificates and the list of documents applied on it. Considering this norm, in charters of municipal unions, for example in the Charter of a city of Chelyabinsk, there is otsylochnaja a norm that this question dares certificates of the Chelyabinsk municipal duma and Administration of a city of Chelyabinsk. The analysis of such certificates shows, that in them all complex of questions municipal pravotvorcheskogo process solved by local governments is regulated. It is thought, that their such maintenance is lawful, if in the municipal union charter there is corresponding otsylochnaja a norm. This reservation is caused by that according to a part of 3 articles 47 of the Federal act from October, 6th, 2003 №131-ФЗ the order of publication (promulgation) of municipal legal acts is established by the municipal union charter.

Let's consider the maintenance of this process on an example of the decision of Council of deputies of municipal union «G orodskoe settlement Kashira» from October, 25th, 2012 «About acceptance of the Order of preparation, acceptance, registration, storage, promulgation of municipal standard legal acts of municipal union of city settlement Kashira» (in edition from December, 12th, 2014). [113] Its analysis has shown, that the first stage municipal pravotvorcheskogo process is defined by following actions. The arrived project of the municipal standard legal act should be registered the device of Council of deputies. Such registration should occur in day of its receipt in incoming documents magazine. Thus, subjects pravotvorcheskoj initiatives in Council of deputies should consider following requirements. Projects of municipal legal acts should go addressed to the chairman

Council of deputies with the covering letter and an explanatory note in paper and electronic variants. In this note necessity of acceptance of the certificate, its purpose, prospective financial expenses is proved. The exception of this order is made in two cases. The first. When the project of the charter of municipal union and projects of decisions on modification of the charter of city settlement, and also the project of the local budget, the report on its execution is brought, in particular. The second. When projects of the municipal legal acts providing an establishment, change and cancellation of local taxes and gathering, realisation of expenses from local budgets are brought. It is necessary to notice, that these features are caused by requirements of the federal legislation which taking into account the importance of the charter, the local budget and local taxes are represented quite proved. It is thought, that if subjects pravotvorcheskoj initiatives do not observe the specified requirements, the device of Council of deputies has the right to return the brought project of the municipal legal act to such subject without consideration.

The second stage carried out by a representative body pravotvorcheskogo process consists in the organisation of is social-legal examinations and preliminary discussion of the project of the municipal normative act. In the decision of Council of deputies of city settlement Kashira named above this stage is defined accurately enough. In this decision it is established, that projects, it is not dependent on the one who has brought them in Council of deputies, go to administration of Kashirsky municipal area of the Moscow area for carrying out of legal examination which as it is specified in the decision, should be spent within 7 working days from the moment of project receipt. Besides, legal examination of the project is spent by the device of Council of deputies. In the presence of remarks the project is finished by the developer. Further the specified project is brought again in Council of deputies, earlier directed project simultaneously responds.

After the device of Council of deputies the project is considered by the constant deputy commission. Further the project goes to the Commission on carrying out of anticorruption examination of municipal legal acts and their projects. Its conclusion has recommendatory character and goes to the developer and to the device of Council of deputies. Only at observance of these conditions the constant deputy commission considers again the project, accepts one their three variants of decisions: to approve the project and to recommend to its Council to acceptance; to approve and recommend to acceptance taking into account offered changes and additions; to dismiss the project and to send on completion.

Decisions of the constant deputy commission also have recommendatory character. The specified actions, in our opinion, are rather bulky and unfairly long time is allocated for them. So, for anticorruption examination it is taken away twenty days. The chairman of the commission can extend this term for twenty days. This examination is preceded by examination of the device of Council of deputies and ten-day consideration of the project by the constant deputy commission. It is thought, that at allocation of such long term on the second stage municipal pravotvorcheskogo process the urgency of the brought project can be lost. Therefore, in our opinion, representative bodies which as much as possible compress terms of the second stage correctly arrive. For example, for preliminary discussion of the project of the normative act which has arrived in Council of deputies of settlement Chernogolovka of the Moscow area it is taken away no more than three weeks from the date of its registration in Council secretary. [114] For this time the commission and deputies have the right to prepare the conclusion on the project and to transfer it in Council secretary. At the same time absence of such conclusion does not interfere with entering of a question on project consideration

The standard legal act in the agenda of session of Council of deputies after the expiration of three-week term.

The federal act from October, 6th, 2003 №131-ФЗ establishes special requirements to acceptance of the charter of municipal union, acceptance of certificates about entering into it of changes and additions. According to a part of 4 articles 44 of the named Law the project of the charter and the certificate project about entering into it of changes and additions not later than 30 days about day of consideration of a question on their acceptance come under to official publication (promulgation). It is simultaneously published the order of the account of offers under these projects, and also an order of participation of citizens in its discussion (will be promulgated). Considering the importance of the charter of municipal union, in all charters of municipal unions there is the special article establishing an order of its acceptance, and also an order of modification and additions in the charter.

In many municipal unions special positions about an order of participation of citizens in discussion of projects of these standard documents are accepted. So, for example, the decision of Council of deputies of city settlement Relight Sergievo-Posadskogo of municipal area of the Moscow area from November, 2nd, 2005 [115] had been approved Position on this question for the purpose of realisation by the municipal union population «G orod Relight» the constitutional law on the local

Self-management. In Position forms of discussion of the project of the charter and projects about its change and addition, namely - carrying out of corresponding meetings, the organisation of discussion of the project in mass media in the form of interview of officials of a city and townsmen, the statement of opinions and offers on perfection of projects, publications of collective and individual references on this question discussion of projects at public hearings first of all have been defined.

Thus the duty is assigned to local governments to explain to the population the general concept of the charter and its separate positions having the big public value. It is represented, that so wide campaign for discussion of the project of the charter creates preconditions for its execution in territory of corresponding municipal unions.

Within the limits of the second stage municipal pravotvorcheskogo process public hearings under projects of local budgets, projects of plans and programs of development of municipal unions, projects of rules of land tenure and building, and also under projects of other important normative acts are spent. Compulsion of carrying out of public hearings on these questions is fixed in article 28 of the Federal act from October, 6th, 2003 №131-ФЗ, in charters of municipal unions and other municipal legal acts. Such rather the considerable quantity of legal regulators guarantees participation of the population in discussion of the most important normative acts and creates preconditions for the account of the offers stated by participants of public hearings at completion of projects of the charter, the budget and above the named rules. However, neither at legislative level, nor at level of municipal legal acts the legal mechanism of the account of the offers stated by citizens at public hearings is not registered in a due measure. The decision of this question sees in inclusion in charters of municipal unions of the norms providing obligatory participation of representatives of public hearings at sessions of representative bodies at discussion of projects which were discussed earlier at public hearings. Thus, in the course of the second stage are carried out, a considerable quantity of actions on maintenance of discussion of the project of the certificate. Therefore it is impossible to agree with D.V.Ivanov's opinion which discussion and acceptance of the standard legal act considers as a uniform "key" stage pravotvorcheskoj representative body works. [116]

The third stage, municipal union carried out by a representative body pravotvorcheskogo process consideration of the project of the municipal legal act at its session is. Uniformity in its realisation by various representative bodies are not present. So, the Council of deputies of city settlement Kashira considers corresponding projects within the limits of one reading. By project consideration, the word for the report is represented to its developer (the representative of the developer), then deputies and the representative of administration of Kashirsky municipal area of the Moscow area for the message of its conclusion by results of discussion. Then the Council of deputies by voting by deputies accepts one of decisions - to approve the project "as a whole", «for a basis», «not to approve the project», «to postpone project consideration». In the first case the decision is considered accepted definitively. In case of acceptance for a basis the project is finished taking into account the arrived amendments and considered at following session. At such approach to consideration of projects of municipal standard legal acts projects which have been postponed for uncertain term are lost.

The order of consideration of projects of municipal standard legal acts in three readings as it is established, for example, Council of deputies of settlement Chernogolovka of the Moscow area is represented rational. Such order within the limits of the first reading allows to discuss in details project substantive provisions, a question on necessity of its acceptance, to state the general estimation of the concept of the project. Besides, within the limits of the first reading by consideration of the projects providing expenses, covered at the expense of the local budget, the conclusion of administration of municipal union is heard. By results of discussion of the project during the first reading Council of deputies in the right:

- To approve substantive provisions of the project and to continue work on it taking into account the stated offers and remarks;

- To dismiss the project.

In the second reading the project is considered after its completion taking into account the stated offers, remarks and amendments. At entering of such project on voting (also after preliminary discussion) Council or assumes the project as a basis, or sends to completion. In the first case there can be target dates of giving of amendments to the project and term of its entering on the third reading.

By project consideration at session of Council of deputies in the third reading are discussed, and then amendments are approved to the project, assumed as a basis by voting only. After their consideration Council can:

- To accept the standard legal act as a whole;

- To postpone final judgement under the project and to direct to its developers for elimination of possible internal contradictions, an establishment of correct interrelations of articles and editorial editing in view of change of the text of the project at the third reading.

After such completion, the project is taken out again on the third reading for voting carrying out. Thus entering into it of amendments and returning to its discussion is not supposed. In unusual cases on request of not less than six deputies the chairman is obliged to bring on voting an attention to the question on returning to procedure of the second reading under earlier described scenario. The general voting procedure is reduced to that the municipal union charter is accepted by the two-thirds majority of voices from the established number of deputies of a representative body. In other cases the majority vote suffices for decision-making from the established number of deputies of a representative body.

Such procedure of the third stage municipal pravotvorcheskogo process is represented optimum. He allows to estimate to the full considered on session of a representative body the project of the municipal legal act, to reveal and consider the proved opinions of deputies and other participants of session, and also to provide appropriate quality of the accepted certificate according to rules of legal technics.

It is thought, that regional Councils of municipal unions should study practice of activity of local governments on working out and acceptance of municipal standard legal acts. On the basis of the collected material to them followed prepare the modelling

Recommendations about this question. In such activity one of components of constant perfection municipal pravotvorcheskogo process sees.

The majority of jurists as coming to the end stage pravotvorcheskogo process consider publication of the standard legal act. So, R.M.Romanov names that law promulgation. [117] N.JA. The Sokolov and that K.S.Karmadonov considers official publication of the standard legal act to that its acceptance precedes. [118] A.I.Abramova are allocated with publication in an independent stage jurisdiktsionnoj the activity, carried out after when procedure of creation of the law is completely complete. [119] at the same time JU.A.Tikhomirov enlarges pravotvorchesky process by allocation of a stage of introduction of the standard legal act in action. [120] this position is divided by E.S.Shugrina. She considers, that to stages municipal pravotvorcheskogo process by following acceptance of the certificate, it is necessary to carry signing, publication and coming into force of standard legal acts. [121]

In our opinion, municipal pravotvorchesky process comes to the end with a stage of signing and promulgation of the municipal legal act. Without this stage the sense pravotvorcheskogo process is lost. During its realisation finishing of the legal act to the population and other participants of the public relations which actions are regulated by this certificate is provided and conditions for its execution are created. After all more often municipal legal acts become effective from the moment of their official promulgation about what it is underlined in the promulgated legal act. In this connection there is no necessity to enter one more stage in the form of introduction of the standard legal act in action or any additional procedures for its coming into force (in more details about it further). Thus, within the limits of municipal pravotvorcheskogo process by its finishing procedures signing and publication of the municipal standard legal act are. These procedures can be consolidated concept "promulgation" of the municipal standard legal act, being guided on parliamentary practice, both the Russian Federation, and many foreign states. [122] thus, instead of concept "publication" followed enter into a scientific turn concept "placing". It would allow to give official character, to legal act placing on corresponding sites of a network the Internet and to consider such placing by standard maintenance of its coming into force.

Long time was considered, that promulgation is an authorisation by the authorised body or the person (as a rule, the head of the state) in target dates of the law accepted by parliament and its publication in the official Bulletin. [123] thus authorisation is carried out by the edition of the decree or the order of the head of the state. The text of such certificate in official publications precede the text of the promulgated law. [124] however, practice of the Russian Federation shows, that instead of the edition of the special presidential certificate there is enough signature of the President of the Russian Federation for the subsequent promulgation of the law. In such cases law signing - not is formal-technical action of the President of the Russian Federation. This action is preceded by the big work of various divisions of Administration of the President of the Russian Federation on check of the federal act which has arrived for the signature and registration of its requisites.

Thus, the concept "signing" does not cover all volume of work which precedes actual signing of the federal act. The similar situation exists and at a stage of signing of the municipal standard legal act. This formal action is preceded by juridiko-editorial study of the text of the legal act. It dictates, in our opinion, requirement of more exact definition of a finishing stage municipal pravotvorcheskogo process. Such consolidating concept in our opinion as the concept "promulgation" understood already was marked, is, not as the edition of the authorising certificate, and as signing and promulgation of the municipal normative act by legislatively authorised person.

Naturally, at municipal level signing procedure is more simple. However, the head of municipal union is allocated by the right to dismiss the municipal standard legal act accepted by a representative body. In this case he does not sign it, and returns in a representative body with a corresponding substantiation of the position. In turn the representative body is obliged to re-examine the decision which was dismissed by the head of municipal union and will agree with it or two thirds of voices of deputy structure to overcome

The local

"Suspensive veto". In case of acceptance of the second decision the head of municipal union is obliged to sign and promulgate the disputable certificate.

The expediency of association of procedures of signing and promulgation in one stage is caused by that both functions according to a part of 4 articles 36 of the Federal act from October, 6th, 2003 №131-ФЗ them carries out the same person - the head of municipal union. To it it is accorded a right signings and promulgations of the municipal standard legal acts accepted by a representative body of municipal union. This order proves to be true in charters of municipal unions and in special municipal legal acts on these questions. So, for example, in article 34 of the Charter of a city of Chelyabinsk it is established, that the head of a city of Chelyabinsk signs and will promulgate as it should be established Charter, the decisions of standard character accepted by the Chelyabinsk municipal duma.

Similar power of heads of municipal unions is fixed in charters of other municipal unions and detailed in the special positions approved by representative bodies of local government. However, such positions are not always rational enough. So, for example, the Council of deputies of the city of Lobnja the decision from April, 24th, 2008 № 90/47 has approved the certificate which position «About preparation is called, acceptance, signing, registration, coming into force, publications of municipal legal acts of the city of Lobnja». [125] According to its requirements, the head should sign the normative act within ten days from the date of its receipt. Having signed the certificate, the head of a city returns it in Council of deputies for registration by assignment of registration number and date of carrying out of session of Council of deputies, that, in our opinion, testifies what to sign the corresponding decision the chairman of Council of deputies could also. Procedure of publication of the certificate becomes complicated

Point 3.11. In it the decision which is coming under to publication is established, that, goes with the covering letter signed by the chairman of Council of deputies addressed to the editor-in-chief to the newspaper "Lobnja" and in other editions for the official publication. Thus, work which the head of municipal union should execute is carried out by the device of Council of deputies and its chairman, that obviously mismatches earlier named positions of the federal legislation and the charter of the given municipal union. In this connection the named position requires updating.

At the same time, it is necessary to have in view of, that granting to the head of municipal union of the right of promulgation of the municipal normative acts accepted by a representative body, shows unity of municipal authority. Realising this right, the head of municipal union solidarizuetsja with a representative body, divides with it responsibility for quality of the municipal standard legal act and its subsequent realisation.

The right of the head of municipal union not to sign the certificate and to dismiss it by returning in a representative body with motivirovannym a substantiation of its deviation testifies that municipal pravotvorchesky process does not come to the end at a stage of acceptance of the standard legal act. After all Council is obliged to re-examine the decision which was dismissed by the head of municipal union. The certificate besides, accepted by Council of deputies and signed by the head of municipal union cannot be put into practice, will not be published yet in the official publication.

As it was already marked, in our opinion, it is not necessary to include as a stage pravotvorcheskogo process introduction in action of normative acts. It is the independent kind of activity directed not on creation of the normative act. Its purpose is maintenance of executors with the municipal legal act by acceptance of the order or the order of the head of local administration or other organisation. Efforts which are carried out for introduction in action of the normative act do not contain, as correctly mark N.JA. The Sokolov and K.S.Karmadonov, concrete homogeneous actions on creation of rules of law. [126] essence of efforts on introduction of the standard legal act in force are reduced to formation of commissions under the edition of the new legal acts providing realisation of certain norms of the entered normative act and definition of other concrete actions of its executors.

At the same time it is necessary to notice, that now there is no uniform approach to an order of coming into force of municipal legal acts. There is only a clearness concerning the municipal legal acts fixing the rights, freedom and duties of the person and the citizen. By a part of 2 articles 47 of the Federal act from October, 6th, 2003 №131-ФЗ it is established, that they become effective after their official publication (promulgation). [127] Standard legal acts of representative bodies of local government about taxes and tax collections according to a part of 1 this article of the named Federal act «become effective according to the Tax code of the Russian Federation». Such order is hardly defensible. In it deviation from a principle of independence of local government sees.

A variety brings a rule of article 47 of the Federal act in practice of coming into force of municipal legal acts from October, 6th, 2003 №131-ФЗ that the order of their coming into force is established by the municipal union charter (except two specified exceptions). So, according to the Charter of a city of Chelyabinsk the decision of the standard character accepted by the Chelyabinsk municipal duma and signed its chairmen, the head of a city is obliged to sign and publish within 10 days. If to it the decision which it has returned in the Duma with motivirovannym the basis of its deviation or with offers on entering into it has repeatedly arrived

Changes and additions it is obliged to sign and publish it within seven days from the date of receipt for the signature. The municipal legal acts containing data, which distribution it is limited by the federal act, become effective from the date of their signing.

Otherwise the question on coming into force of municipal legal acts in the city of Lobne is solved. According to earlier named position they become effective from the moment of a date establishment in the certificate. There are also other decisions of this question. So, point 6 of Position on procedure of acceptance by Council of deputies and coming into force of standard legal acts of municipal union "Settlement Chernogolovka" (the Decision of Council of deputies of settlement Chernogolovka MO from 08.09.1998 N 73/1 (red. From 04.09.2012) «About Position acceptance about procedure of acceptance by Council of deputies and coming into force of standard legal acts of municipal union" Settlement Chernogolovka ") [128] it is established, that the standard legal act of municipal union becomes effective from the date of its official publication if other term is not established in the most standard legal act.

To us it is thought, that it is the optimal order of coming into force of municipal legal acts adjusted for that the word "publication" followed replace with a word "placing". It corresponds to a principle of publicity municipal pravotvorcheskogo process and is rational. After all, before to demand from the population of execution of a standard rule, it it is necessary to inform of executors, instead of to be limited only to signing.

Fuller decision of this question sees in updating of article 46 of the Federal act from October, 6th, 2003 №131-ФЗ by fastening in it the general for all kinds of municipal standard legal acts of norm that they become effective from the date of official publication

(Placings) in local popular printing editions or on a site of a network the Internet. After that it would not be required to allocate special procedure of introduction in action of the municipal legal act.

Except decisions of local referenda (descents of citizens) and standard legal acts of representative bodies, the system of municipal legal acts is supplemented with legal acts of the head of municipal union, local administration and other local governments and officials of local government. Thus the list of these bodies and officials is defined in charters of municipal unions. At level of charters of municipal unions has developed two approaches to definition of the list of bodies and the persons, having the right to accept legal acts. The first. When particularly are called only a representative body, the head of municipal union and local administration, and is used further the formula of the Federal act from October, 6th, 2003 №131-ФЗ that other local governments and officials of local government can accept legal acts. At all sending to legal acts and persons in whom these bodies and persons will be named thus does not become. Thus, this question, for example, in the Charter of a city of Chelyabinsk is solved. The second. When in corresponding article the exhaustive list of bodies and officials of local government which have the right to accept municipal legal acts is resulted. So article 10 of the Charter of the city of Dolgoprudnyj is formulated. According to this article the right of acceptance of municipal legal acts, except a representative body, heads of a city, city administration, other concrete persons - the chairman of Council of deputies of a city - concerning the organisation of activity of Council, and also the Chairman of a kontrolno-revision committee and itself kontrolnorevizionnaja the commission have. Thus the commission has the right to accept the legal acts carried to its competence. Its certificates are signed by the Chairman of this commission. It can publish orders concerning the organisation of activity of a kontrolno-revision committee.

It is represented to us, that there corresponds to requirements of the federal legislator the second approach to definition of bodies and officials which have the right to accept municipal legal acts and whose certificates can be included in system of municipal legal acts. After all regarding first article 43 of the Federal act №131-ФЗ "direct" record that except the bodies named in it, other bodies and the officials allocated with the right to accept municipal certificates, are defined in charters of municipal unions contains. Hence, in charters they should be named particularly, that quite obosnovanno as the charter is accepted for a concrete definition of norms of the federal act.

Right fastening to accept municipal legal acts for heads of municipal unions, local administrations, other local governments and officials causes requirement of realisation of this right on the general principles municipal pravotvorcheskogo process. However, reguljativnye features of municipal unions accepted by heads, local administrations both other bodies and officials of legal acts are corrected considerably by the maintenance of this process. An orientation and the purposes of these certificates are defined in charters of municipal unions. According to article 12 of the Charter of the city of Dolgoprudnyj, for example, decisions of the head of a city, the decision and the order of administration of a city, the decision kontrolnorevizionnogo body, orders of the chairman kontrolno-auditing schetnogo body, are accepted in conformity and to execute the legislation of the Russian Federation and the Moscow area, the Charter of a city and decisions of Council of deputies of the city of Dolgoprudnogo of standard character, and also the decisions accepted on a referendum. Thus, the head of a city and city administration can accept municipal legal acts of standard character in the form of decisions. Such restriction is quite lawful.

After all only the head of a city and local administration are allocated by the powers which realisation demands acceptance of obligatory rules, obligatory for the uncertain circle of persons, calculated on the numerous application, the public relations directed on settlement or on change or the termination of existing legal relations.

Subjects of law pravotvorcheskoj initiatives to the head of municipal union and in local administration are deputies and other persons who have been named at the characteristic of the organisation municipal pravotvorcheskogo process in a representative body. It is necessary to notice, that, municipal pravotvorchesky the process which is carried out by the head of municipal union and local administration is under construction exclusively on the planned beginnings. Thus, corresponding plans affirm the specified bodies. However, it does not exclude entering of off-schedule projects. Such possibility, for example, is provided in Position about an order of entering and consideration of projects of standard legal acts of administration of municipal union of Suvorovsky area of the Tula area. [129] so, in point 2.1. This law it is established, that preparation of projects of decisions of administration is under construction on the basis of the perspective and flowing plans of work approved by the decision of administration, and also out of plans, in process of occurrence pravotvorcheskoj initiatives of interested persons.

Presence of plans of preparation of normative acts allows to carry such work to stages municipal pravotvorcheskogo process in a broad sense this concept. This stage is rather significant, as allows to organise purposeful activity of the head of municipal union and local administration in the specified sphere. Realisation of plans pravotvorcheskoj works, as a rule, is carried out by forces of devices

Heads of municipal union and local administration. In these purposes working groups in which experts in sphere of the developed project can be included, deputies, other interested persons are created. At necessity, the project can be directed for examination carrying out. All such work can be characterised as the second stage municipal pravotvorcheskogo the process which is carried out by the head of municipal union and local administration and to call a stage of preparation (working out) of the standard legal act. Its difference from the corresponding stage spent by a representative body,

It is shown in that it is carried out by narrower structure of developers, at smaller degree of publicity and in more deadlines of such work. When the normative act project arrives from external subjects of law pravotvorcheskoj initiatives it comes under to studying. Thus, as it is established in earlier named position of Suvorovsky area of the Tula area such project goes to all interested persons, including the public prosecutor of area.

The third stage municipal pravotvorcheskogo the process which is carried out by heads of municipal unions and local administrations is an acceptance of the corresponding normative act. It consists in individual consideration of the project accordingly the head of municipal union and the head of local administration and signing by these persons of the corresponding certificate. It causes use in parts of 4 and 6 articles 43 of the Federal act from October, 6th, 2003 №131-ФЗ the term "edition" which repeats in charters of municipal unions at definition of action of the head of municipal union and the head of local administration in the form of signing of the corresponding legal act. The word etymology to "publish" with reference to pravotvorcheskomu to process means publication, promulgation (to publish the decision [130]). Hence, there are bases to consider the edition of the decision of the head of municipal union or local administration a finishing stage pravotvorcheskogo the process which is carried out by named bodies. This conclusion extends on certificates of officials of the local government publishing the orders and orders on questions, the charter of municipal union carried to their powers.

At the same time, it is necessary to notice, that regarding 1 article 7 of the Federal act from October, 6th, 2003 №131-ФЗ it is established, that all bodies and officials accept municipal legal acts that gives the basis to interpret a word "accept" as a synonym to a word "publish". [131] This conclusion proves to be true that and, that, for example, in article 12 of the Charter of the city of Dolgoprudnyj is established, that decisions of administration of a city «are accepted in conformity and to execute the legislation of the Russian Federation and the Moscow area, the Charter of a city and decisions of Council of deputies of Dolgoprudnyj standard character, the decisions accepted on a referendum».

However, we believe what to put an equal-sign between words to "publish and"accept"incorrectly. After all a word to"accept"in S.I.Ozhegova's Dictionary it is interpreted as to"approve"voting, to express the consent with something (to pass the law to accept the resolution, the project is accepted) [132] and to"publish"- to publish, promulgate (to publish the decision). [133]

Variability of position of the head of municipal union demands from the legislator of terminological accuracy at definition of its powers. Hence, regarding 1 article 7 of the Federal act from October, 6th, 2003 №131-ФЗ concept "are accepted" should be used only concerning standard legal acts of representative bodies. With reference to legal acts of the head of municipal union when it is the higher official and the head of local administration, it is necessary to use definition «signs and publishes». Therefore, it is necessary to recognise erroneous the mentioned norm of article 12 of the Charter of the city of Dolgoprudnyj by which it is established, that decisions of the head of a city, the decision and the order of administration of a city are accepted in conformity and to execute the legislation of the Russian Federation and the Moscow area, the Charter of a city and decisions of Council of deputies of the city of Dolgoprudnyj of standard character, and also the decisions accepted on a referendum. However, such terminological discrepancies can be eliminated after entering of corresponding corrective amendments into a part of 1 article 7 of the Federal act from October, 6th, 2003 №131-ФЗ.

In special normative acts concerning local law-making the order of publication of certificates of heads of municipal unions and local administrations is defined. Such order, for example, is established in Position about preparation, acceptance, signing, registration, coming into force, publication and storage of standard legal acts of local governments of the city of Lobni. So, according to point 3.12. Positions, decisions and orders of the head of a city (he heads local administration), coming under to publication, within three days after their registration in electronic form and on the paper carrier, go to the city newspaper "Lobnja" and the Internet a site with which the contract on information placing of standard legal acts of city local governments is concluded. It allows to observe the general order of promulgation of city standard legal acts. According to point 4.5. They come under to official publication within no more than 10 days after their signing. At the same time, procedure of the edition and the term to "publish" the specified normative acts of the head of municipal unions followed replace with the term "promulgation". The expediency of such specification proves to be true also order of obligatory placing of all standard legal acts of local governments of the city of Lobnja on the Internet a site. Placing is preceded by certificate signing. In aggregate these actions as it was already marked, it would be possible to call a word "promulgation". Thus, promulgation would be a finishing stage municipal pravotvorcheskogo process as for representative, and other local governments.

To number of subjects municipal pravotvorcheskogo process according to article 75 of the Federal act from October, 6th, 2003. №131 - FZ public authorities of subjects of the Russian Federation which are allocated with separate powers of local governments in connection with act of nature concern, with accident, other extreme situation when the representative body and local administration are absent and (or) cannot be generated under objective causes and in some other cases. But, in a reality, practice of realisation of separate powers of local governments by public authorities of subjects of the Russian Federation are absent. Therefore article 75 represents original "secure", as they say, just in case. Thus, 3 specified articles are not supposed by a part realisation by public authorities of subjects of the Russian Federation of powers of local governments on acceptance of the charter of municipal union, entering into it of changes and additions.

Thus, summing up to the characteristic of subjects municipal pravotvorcheskogo process, there are bases for allocation of two groups of such subjects. The first group is constituted by local governments and officials of local government who are allocated by powers on acceptance of municipal legal acts. Those can be collective and individual, possessing the general and special the competence.

The second group is constituted by groups of citizens, local governments and officials who are allocated by the right of entering into competent bodies and to officials of projects of legal acts for their consideration. Those can be collective, for example, groups pravotvorcheskoj initiatives and bodies of territorial public self-management, and individual, for example, officials of local government. Both groups consolidate interest to creation of a steady legal basis of local government, that, basically, they manage to do.

Local government development is braked mainly not from - for a lack of legal regulators, and in connection with chronic shortage of the financial assets necessary for the decision of questions of local value. Despite rather big circle of subjects municipal pravotvorcheskogo process, there is an expediency to expand it at the expense of according a right pravotvorcheskoj initiatives to local public associations, branches of political parties, municipal public chambers. Granting of such right by it will promote development of municipal democracy.

Finishing stage municipal pravotvorcheskogo process followed, to call "promulgation" by which actions of the authorised persons on signing of legal acts and their promulgation in the form of publications in printing editions and placings on sites of public authorities in a network the Internet would be covered.

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A source: Baranov Ilja Nikolaevich. MUNICIPAL PRAVOTVORCHESKY PROCESS. The dissertation on competition of a scientific degree of the master of laws. Moscow-2016. 2016

More on topic §2. Pravotvorchesky activity of local governments and feature of its realisation.:

  1. the Maintenance and a legality role in activity of local governments
  2. § 2. The maintenance and limits of restriction of a constitutional law on the information on activity of the state bodies and local governments
  3. § 2. International «the soft right» in activity of federal and regional bodies of the state, local governments
  4. the Chapter II. Powers of the subjects providing legality in activity of local governments
  5. the Chapter I. Essence of is administrative-legal ways of maintenance of legality in activity of local governments
  6. § 1. Problems of providing of access of the person and the citizen to the information on activity of the state bodies and local governments
  7. Chapter 3. PROBLEMS of REALIZATION of the CONSTITUTIONAL LAW ON the INFORMATION On ACTIVITY of the STATE BODIES And LOCAL GOVERNMENTS
  8. Arzhanov Vladimir Vladimirovich. is administrative-LEGAL WAYS of MAINTENANCE of LEGALITY In ACTIVITY of LOCAL GOVERNMENTS. The dissertation on competition of a scientific degree of the master of laws. Saratov,
  9. Perfection of work of legal services in local governments
  10. local governments and the federal centre
  11. § 2.2. Legal bases of interaction of a civil society and local governments
  12. powers of local governments on legality maintenance in municipal union
  13. §3. The role of territorial branch of dominating party in formation of local governments