In public associations, the dependence of the status of public associations on their territorial sphere of activity has been established. Mandatory indication of the territorial scope of activity public association must contain in the name of the organization. There are four territorial types of public associations:

1. All-Russian public association can carry out its activities in the territories of more than half of the constituent entities of the Russian Federation and has its own structural units- organizations, departments or branches and representative offices. Currently, the Russian Federation consists of 85 subjects. Lack of required quantity structural subdivisions is a violation and may lead to the liquidation of the public association. The inclusion in the names of all-Russian public associations of the name Russian Federation or Russia, as well as words derived from this name,allowed without special permission.
2. Interregional public association carries out its activities in the territories of less than half of the subjects Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices. To obtain this status, it is enough to have branches in at least 2 constituent entities of the Russian Federation. Interregional public associations have a special structure, which, as a rule, consists of regional and local branches.
3. Regional public association, the activity of such an association in accordance with its statutory goals is carried out within the territory of one subject. For example, the Moscow Public Organization for the Protection of Consumer Rights, as the very name of the organization implies, operates in Moscow.
4. local public association conducts its activities within the territory of only one local government. For example, the Losinoostrovskaya Local Public District Organization of Motorists operates on the territory of the Losinoostrovskoye intracity municipality of the city of Moscow.

Branches has the right to acquire the rights of a legal entity and is also entitled to carry out activities on the basis of its charters registered in the prescribed manner. At the same time, the goals and objectives of the branches should not contradict the charter of the parent public association. It is the possibility of a regional branch to become an independent legal entity that leads to the fact that when creating a regional branch, it should have at least three members representatives of this region. Since the public association is created on the initiative of the founders - at least three individuals and/or public associations.

Article 8 of the Federal Law "On general principles organizations of local self-government in the Russian Federation” stipulates that in order to organize the interaction of local self-government bodies, express and protect common interests municipalities in each subject of the Russian Federation, a council of municipalities of the subject of the Russian Federation is formed. Taking into account the peculiarities of the territorial and organizational basis of municipalities, other associations of municipalities may be formed on a voluntary basis. Inter-municipal associations may not be vested with the powers of local self-government bodies.

Bodies of territorial public self-government - This is a self-organization of citizens at their place of residence on a part of the territory of the settlement for the independent and under their own responsibility to implement their own initiatives on issues of local importance.

Organs state power determine the general principles of the organization of local self-government in the Russian Federation; carry out legal regulation of the rights, duties and responsibilities federal bodies government authorities and their officials, public authorities of the constituent entities of the Russian Federation and their officials in the field of local self-government; carry out legal regulation of the rights, duties and responsibilities of citizens, local governments and local government officials in resolving issues of local importance; carry out legal regulation of the rights, duties and responsibilities of local self-government bodies and local self-government officials in the exercise of certain state powers with which local self-government bodies are endowed. In some cases, it is allowed to exercise control powers in relation to local self-government bodies.

State authorities and local self-government bodies may enter into relationships when jointly carrying out any activities.

State authorities provide support to local self-government, assistance to its formation and development.

Public associations , non-profit organizations may participate in municipal elections, nominate their candidates for elected municipal positions in accordance with the electoral legislation. In some municipalities, public associations have the right of legislative initiative.

State and non-state enterprises , institutions and organizations participate in the complex socio-economic development of the territory of the municipality. Local self-government bodies, in accordance with the law, have the right to coordinate such participation of enterprises, institutions and organizations. Local self-government bodies and authorized by them municipal institutions may act as customers for the supply of goods, performance of work and provision of services related to the resolution of issues of local importance and the exercise of certain state powers transferred to local governments by federal laws and laws of the constituent entities of the Russian Federation.

Municipal unitary enterprises and institutions are created by local governments (Article 51 of the Federal Law "On the General Principles of Organizing Local Self-Government in the Russian Federation") to exercise authority to resolve issues of local importance. Local self-government bodies determine the goals, conditions and procedure for activities municipal enterprises and institutions, approve their charters, appoint and dismiss the heads of these enterprises and institutions, hear reports on their activities in the manner prescribed by the charter of the municipality.

The diversity of municipal legal relations necessitates their classification.

• 1. By subjects:
  • a) relations in which one of the parties is a municipality;
  • b) relations in which the subjects are citizens of the Russian Federation, the population, groups of citizens;
  • c) relations in which the subjects are local self-government bodies, state authorities, associations, unions, other associations of municipalities, local self-government bodies;
  • d) relations in which the parties are bodies of territorial public self-government, public associations, non-profit organizations, state and non-state enterprises, institutions and organizations, municipal unitary enterprises and institutions.
• 2. Municipal legal relations may have general and specific character. General - are regulated by norms-principles, etc., specific - arise as a result of the implementation of norms-rules of behavior.
• 3. Municipal legal relations can be permanent and temporary. Validity of permanent cannot be determined, but they can cease to exist under specific conditions. Temporary - arise as a result of the implementation of specific norms-rules of conduct and cease after their implementation (for example, during the election period).
• 4. By intended purpose allocate: constituent , legal and law enforcement relations.
• 5. Highlight material and procedural relations. In the material, the content of rights and obligations is realized, and in the procedural, the procedure for the implementation of legal actions.
• 6. By the method of individualization of ob7) control loops relationships are divided into relative and absolute.

In relative legal relations, all their participants are precisely defined: authorized and obligated persons. Such legal relations may involve two or more parties. An increase in the number of participants in legal relations does not change their essence: each right of one party corresponds to the obligation of the other party, which is known in advance.

Absolute - these are legal relations in which only one side is precisely defined - the bearer of subjective right. All other persons are obligated in these relations. They should not interfere with the exercise of a subjective right by authorized persons.

• 7. Municipal legal relations are active and passive type. Legal relations of an active type are formed on the basis of binding norms and, for their existence, require persons to perform positive actions, without which the interests of the authorized person cannot be satisfied. Legal relations of a passive type are formed on the basis of authorizing and prohibiting norms (considered in unity) and are characterized by the fact that positive actions are performed by an authorized person, and the obligated person is obliged to refrain from certain behavior.
• 8. Municipal legal relations content share:
  • - relationships associated with local government organization, - these are relations associated with the formation, transformation of municipalities, the establishment and change of their boundaries and names, with the definition of the structure of local governments, their formation and name, control over their activities, their responsibility;
  • - relationships that arise in the process solving local issues, - these are, for example, relations related to the management of municipal property, the maintenance of local roads, the formation, approval and execution of the local budget, etc .;
  • - relations arising in the process of activities of local governments for the exercise of certain state powers.

The classification of municipal legal relations is also permissible on other grounds: but legal facts etc.

Municipal legal relations are characterized by a variety of material objects and intangible nature about which their subjects enter into certain legal relations. The object of municipal legal relations is the activity of the local population and the municipal authorities, aimed at resolving issues of local importance, determined by the charter of the relevant municipality, and individual state powers transferred to specific municipalities in the manner prescribed by law.

The basis for the emergence, change and termination of municipal legal relations are legal facts: events and deeds. In most cases, the basis for the emergence of legal relations is actions or acts of subjects.

It is from a legal fact the implementation of the legal norm begins, and only due to the legal fact a specific subject becomes a participant in the legal relationship. Thus, a legal fact is an event or act that directly entails the emergence, change or termination of a legal relationship. In this case, the event occurs independently of the will of the subject, and the act is associated with the will of the latter. Activities are divided into action and inaction. Actions are classified into legal acts and deeds.

It must be borne in mind that legal facts may be simple, complicated, as well as alternative character. For the emergence, for example, of legal relations on the exercise by citizens of the electoral right, in addition to reaching the age provided for by the Constitution of the Russian Federation, the nomination of a citizen as a candidate for deputies, his consent to run, and his registration by the election commission as a candidate for deputies are required.

The onset of events does not depend on the will of people, however, the indication of them in municipal legal norms gives them legal significance, associates with them a measure of the possible and proper behavior of subjects. Events fulfill their role not only independently, but also act as elements of the legal composition. For example, one of the reasons for introducing emergency is a disaster.

Among legal facts the most widespread are actions that express the volitional behavior of subjects and their correlation with the requirements of municipal legal norms. This is legal action, accumulating social activity of subjects and reflecting the process of their purposeful positive activity, supported and stimulated by municipal legal norms, and misconduct committed contrary to municipal legal norms and therefore condemned by the state and society.

In turn, lawful actions, taking into account the peculiarities of the target orientation of subjects on the results of actions, are divided into legal acts and legal actions. In municipal legal relations, their role is very significant. The publication of, for example, legal acts is associated with the emergence of the vast majority of municipal legal relations with the participation of local governments and their officials.

The legal actions underlying municipal legal relations are predominantly such lawful actions in which the will is aimed at achieving certain results that give rise to specific legal consequences.

75. Local public associations: concept, types and legal status.

An important place in the political system, as a mechanism for realizing the sovereignty of the people, is occupied by public organizations. The right of Russian citizens to create these organizations is enshrined in Art. 30 of the Constitution of the Russian Federation, which establishes that everyone has the right to association, including the right to form trade unions to protect their interests. The freedom of activity of public associations is guaranteed. No one may be forced to join or stay in any public association. Currently, the activities of public associations are regulated by the Federal Law "On Public Associations" dated May 19, 1995, as well as the law "On Non-Commercial Organizations" dated January 12, 1996. The main types of public organizations are: political parties, mass movements, trade unions, women's, veterans' organizations, disabled people's organizations, youth and children's organizations, scientific, technical cultural and educational, physical culture and sports and other voluntary societies, creative unions, communities, foundations, associations, etc.

Citizens have the right to create public associations of their choice without prior permission from state authorities and local self-government bodies. The created public associations must be registered in accordance with the procedure established by law and acquire the rights of a legal entity. Such associations can function without state registration, but then they will not acquire the rights of a legal entity.

A public organization is a membership-based NGO created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens.

A public movement is a mass NGO consisting of participants and not having membership, pursuing social, political and other socially useful goals supported by members of the public movement.

A public fund is one of the types of non-profit foundations and is a non-membership PA, the purpose of which is to form property on the basis of voluntary contributions, other receipts not prohibited by law and use this property for socially useful purposes.

A public institution is a non-membership PA that aims to provide a specific type of service that meets the interests of the participants and the statutory goals of the association.

A public amateur body is a public association that does not have membership, the purpose of which is to jointly solve various social problems that arise for citizens at the place of residence of work or study, aimed at meeting the needs of an unlimited circle of people whose interests are related to the achievement of statutory goals and the implementation of programs of the body for the place of its creation.

Public associations, regardless of their organizational and legal form, have the right to create unions (associations) of public associations on the basis of constituent agreements and (or) charters, forming new public associations. According to the territorial sphere of activity, public associations are classified into all-Russian, interregional and local.

Political parties express the political will of their members, participate in the formation of state authorities and in its implementation through representatives elected to these bodies. Parties have the right to nominate candidates for representative bodies, including on a single list, conduct election campaigning, form deputy groups and factions.

Mass social movements pursue political and other goals and do not have a fixed membership. The legislation establishes that military personnel and persons holding positions in law enforcement agencies are guided by the law in their official activities and are not bound by the decisions of parties and mass social movements.

A trade union (trade union) is a voluntary public association of citizens connected by common production, professional interests in the nature of their activity, created in order to represent and protect their social and labor rights and interests.

Public associations, regardless of their organizational and legal forms, are equal before the law. The activities of public associations are based on the principles of voluntariness, equality, self-government and legality. Public associations in determining their internal structure, goals, forms and methods of their work. The activities of public associations must be public, and information about their constituent and program documents must be public.

It is prohibited to create and operate public associations whose goals or actions are aimed at forcibly changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed formations, inciting social, racial, national or religious hatred.

The founders of a public association are natural persons and public associations that have acquired the legal capacity of legal entities that convene a congress, conference or general meeting at which the charter of the public association is adopted (Appendices A, B, C, D), and its governing and control and audit bodies are formed. The founders of a public association are individuals and legal entities have equal rights and bear equal duties.

Members of a public association are individuals and other public associations that have acquired the rights of a legal entity, whose interest in jointly solving the problems of this association in accordance with the norms of its charter is formalized by appropriate individual statements or documents that allow taking into account the number of members of the association in order to ensure their equality as members of this association . Members of a public association - individuals and legal entities - have equal rights and bear equal duties.

Members of a public association have the right to elect and be elected to the governing and control and auditing bodies of this association, as well as to control the activities of the governing bodies of a public association in accordance with its charter. They have rights and bear obligations in accordance with the requirements of the norms of the charter of the public association, and in case of non-compliance with these requirements, they may be expelled from the public association.

Participants of a public association are individuals and legal entities that have received the right to other public associations that have expressed support for the goals of this association and its specific actions, as well as those participating in its activities without the obligatory registration of the conditions for their participation (unless otherwise provided by the charter of this public association). Members of a public association - individuals and legal entities - have equal rights and bear equal obligations.

Mariyskiy legal bulletin

R. V. Gornev

SOME PROBLEM ASPECTS OF INTERACTION OF LOCAL SELF-GOVERNMENT BODIES AND PUBLIC ASSOCIATIONS

The article is devoted to the problems of interaction between local government and public associations. Public associations are one of the institutions of civil society and the interaction of local governments with them should be aimed at solving problems that arise in the municipality. We believe that it is necessary to legislate the forms and methods legal interaction local governments and public associations.

Key words: local self-government, public associations, non-profit organizations, interaction, forms.

The problem of civil society, the interaction of its elements with public authorities is one of the fundamental scientific problems of our time. It appeared with the emergence of the state and the division of society into state and non-state spheres of human activity. At the same time, if in the field of interaction of public authorities with civil society institutions and public associations, in particular, some problems have now been resolved1 2, then the sphere of interaction of local government with public associations is still poorly understood. In addition, it should be noted the imperfection of the actual legislative regulation of the interaction of local governments with public organizations.

In addition to the above, it is worth noting the absence in legal science of comprehensive studies of the direct interaction of public associations with local governments. All of the above determines the relevance of the topic chosen for the study.

The legal definition of local self-government is contained in various normative legal acts and documents. In the legal literature, it is noted that the Constitution of the Russian Federation does not directly offer an exhaustive legal interpretation of local self-government, as a result of which an illusion is created of the admissibility of an overly broad interpretation of this phenomenon in Russian conditions3. The variety of constitutional characteristics

1 Lysenko V. V. Civil society and public associations in the Russian Federation // Actual problems constitutional and municipal law. - 2001. - No. 1. - S. 25.

2 Sheryazova A. S. Relations between state bodies and public associations: constitutional and legal aspect: author. dis. ... cand. legal Sciences. - Krasnodar, 2011.

3 Knyazev S. D. Local self-government in the Russian Federation: constitutional nature and significance for municipal law // Journal of Russian law. - 2008. - No. 6.

At first glance, the risk of local self-government, coupled with their well-known inconsistency and disorder, allows us to speak with equal success both of the absolute independence (isolation) of municipal institutions from the state administration system, and of the most rigid dependence on it. In this regard, we believe that of particular importance for understanding the essence of local self-government are the provisions of the European Charter of Local Self-Government1 2. In accordance with Article 3 of this international legal act, local self-government is understood as the right and ability of local self-government bodies to regulate and manage a significant part of public affairs and manage it, acting within the framework of the law, in accordance with its competence and in the interests of the local population.

Neither Russian legislation nor the said international legal act leaves any doubts about the essence of local self-government. This is an independent level of public authority in the state, one of the forms of democracy. At the same time, sometimes in the legal literature one can find statements about local self-government as an integral part of civil society, motivation is given about the interest of citizens in solving local problems in the local territory, independent initiatives of the population. Such independence is associated with the fundamental principle of civil society - its independent position in relation to the state. However, it seems correct to say that local self-government cannot be identified with one of the elements of civil society3. It seems that local self-government is a kind of bridge between civil society and the state.

In the legal literature, public associations are defined as “the most important institutions of civil society, amateur and self-governing associations of its members, voluntarily created to realize various personal interests of the subjects of these organizations and through their universal dependence and interconnection to solve public interests”4.

In the works of domestic researchers V. S. Nersesyants and E. A. Lukasheva, it is noted that public associations are “ legal form relationship between the individual and society"5, "a form of limitation of claims

1 Volkov V. E. Local self-government: constitutional grounds legal regulation competencies of municipalities: author. dis. ... cand. legal Sciences. - Chelyabinsk, 2007. - S. 3.

2 European Charter of Local Self-Government ETS No. 122 // СЗ RF. - 1998. - No. 36. -St. 4466.

3 Uvarov A. A. Local self-government and civil society // Constitutional and municipal law. - 2008. - № 15.

4 Soldatov S. A. Public organizations in the Russian Federation (political, legal and institutional research). - M, 1994. - S. 34.

5 Nersesyants V.S. The history of the ideas of legal statehood. - M, 1993. - S. 15.

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power ..., a counterbalance to the omnipotence of state power, designed to ensure

read its limitation and self-restraint.

A public association is an independent, self-governing element of civil society independent of public authorities, the main purpose of which is to realize the goals and interests of its members.

At the same time, I. V. Mersiyanova expresses a point of view about public associations as elements of local self-government. In justification, the author notes that this point of view, in contrast to the legal interpretation, more fully reflects social entity local self-government as a system of subjects, objects, relationships and relationships between them, functioning to meet the needs of the population1 2. Without going into the sociological essence of the issues under study, we note that public associations, being an important institution of civil society, are not belong to the system of public authority and are independent of it.

It is noted that non-profit organizations (respectively, public associations, including) are an active part of the population that has taken up the decision social problems and formed for this formal or informal groups. Therefore, they are one of the institutions of civil society, and the interaction of local governments with them should be aimed at solving problems that arise in the municipality3.

Recommendation 139(2003) of the Congress of Local and Regional Authorities of the Council of Europe "On Non-Governmental Organizations and Local and Regional Democracy" establishes that local non-governmental organizations fulfill their tasks in the life and work of citizens. They, being organized on a voluntary basis, play an important role within the framework of their statutory tasks and in accordance with the rules of their activity in building a genuine civil society, bringing citizens closer to local governments, and in strengthening genuine pluralistic democracy. A partnership based on a common desire, both on the part of local authorities and non-profit organizations, allows to strengthen local democracy and increase citizen participation by reducing the distance between local authorities and citizens, ensuring that all opinions and positions are taken into account.

1 The priority of human rights as a defining principle of the rule of law. General theory human rights / otv. ed. E. A. Lukasheva. - M, 1996. - S. 25.

2 Mersiyanova I. V. Public associations as an element of local self-government: problems of institutionalization: author. dis. ... cand. sociological Sciences. - Stavropol, 2010.

3 Social policy in municipalities: textbook / ed. ed. N. A. Volgina, V. K. Egorova, S. V. Kalashnikov. - M., 2006. - S. 418.

2. Questions public law Russia and foreign countries

This partnership is based on the need to bring the decision-making process closer to the level of citizens and expand the mechanisms for consultation, information and participation of citizens in the assessment of new forms of governance at the territorial level, as well as towards the process of constant coordination of actions between NGOs and local authorities. This partnership is characterized by the complementarity of the services that can be provided to citizens at the local level, on the one hand by local authorities, and on the other by NGOs, in many areas, such as social sphere, education, culture, Environment, urban planning and natural resource management in the context of sustainable development of territories1.

In the context of reforming the domestic legal policy in this area, it seems appropriate to legislatively improve the forms and methods of interaction between local governments and public associations. In particular, in our opinion, the following forms of interaction should be enshrined in the Federal Law “On Public Associations”1 2:

1) involvement of representatives of public associations in the work of temporary working bodies for the development of draft municipal legal acts;

2) participation in the electoral process at the local level;

3) conclusion of contracts and agreements on interaction between local governments and public associations;

4) participation of public associations in the development of decisions taken by local governments within the framework of permanent advisory councils, expert councils, public chambers, round tables.

In addition, it is necessary to improve existing and create new expert and advisory councils, public chambers, which will be a kind of "platform" for legal interaction between local governments and public associations. We believe that these measures will have a positive impact on the mechanism of interaction between local government and public associations.

1 Recommendation 139(2003) of the Congress of Local and Regional Authorities of the Council of Europe “On NGOs and Local and Regional Democracy” // On the Participation of Citizens in Public Life at the Local Level. Obninsk: Institute municipal government(series "Documents of the Council of Europe"), 2005. - S. 26-27.

2 the federal law dated May 19, 1995 No. 82-FZ “On public associations” // SZ RF. - 1995. - No. 21. - Art. 1930.

Mariyskiy legal bulletin

SOME PROBLEMS OF THE CONNECTION OF THE LOCAL GOVERNMENT AND PUBLIC ASSOCIATIONS

This article covers the problems of the connection of the local government and public associations is actual and insufficiently explored question nowadays. Public associations are one of the institutes of the civic society. Connection of the local government and public associations should be directed on the decision of the problems by municipality. We consider it is necessary to legislate forms and means of law connection local government and public associations.

Keywords: local government, public associations, uncommercial associations, connection, forms.

GORNEV Roman Vadimovich - post-graduate student of the department of constitutional and administrative law of the Mari state university, Yoshkar-Ola.

Email: [email protected]

GORNEV Roman Vadimovich - Postgraduate Student of the Department of Constitutional and Administrative Law of Mari State University, Yoshkar-Ola.