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 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 of legal interaction between 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 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, makes it possible 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 “a legal form of the 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 municipalities: autoref. 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 the social essence of 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 an element of local self-government, since they are not included in 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 of 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. Such a partnership is characterized by the complementarity of the services that can be provided to citizens at the local level by local authorities on the one hand, and by NGOs on the other, in many areas, such as social services, 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 Federal Law of 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.

Article 8 federal law"About general principles organization of local self-government in the Russian Federation” stipulates that in order to organize the interaction of local self-government bodies, express and protect the common interests of municipalities in each constituent entity of the Russian Federation, a council of municipalities of a constituent entity 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.

Government departments 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 self-government bodies and officials of local self-government 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 a complex social economic development 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 municipal institutions authorized by them 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 self-government bodies 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 bodies formed by it, aimed at resolving issues of local importance, determined by the charter of the relevant municipality, and certain 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: developments 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, difficult, 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 grounds for introducing an emergency situation is a catastrophe.

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. it legal action, accumulating the 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.

Local self-government, being the lower link of public authority, is a very special political institution and a special sphere of government, different from government controlled. The main difference lies in the influential role of the population and different forms participation of the population in the implementation of local self-government. The balance of power and public principles appears to be the most important institutional property of local self-government. Local self-government is defined as the level of organization of power in the state, at which managerial and self-government mechanisms are organically intertwined to address issues of local importance. Ideas about the significant role of the population itself in the functioning of the local community are based on the properties of issues of local importance. Their decision should come exclusively from the interests of the inhabitants. Issues of local importance are the problems of those people who live in a given territory. It is the residents who have the most complete information about the problems, as well as options for their solution. The population, citizens and society are considered as the only subjects of local self-government that have the right to exercise control over the activities of local self-government bodies, to receive the necessary reliable information about it. Many foreign models of local self-government are built on a developed infrastructure for the participation of the population, as well as intensive interaction between the population and local authorities.

One of the main goals of modern municipal reform directly concerned the population as an active subject of local life. As President of Russia D. A. Medvedev noted, the priority of such a state task as the development of local self-government is due to the fact that “local self-government should open up the opportunity for citizens to independently solve their local problems without instructions and orders from above.” the main objective reforms were announced as the creation of a truly self-governing system of public power at the grassroots level. And, of course, one of the most important tools for realizing this goal was to stimulate and support associations of residents to independently resolve issues of their territories.

The following conditions are necessary for the development of social-power interaction:

The need to empower citizens to make decisions that most seriously affect their daily lives;

Creation of conditions for participation in decision-making;

Support for public initiatives;

Development of links between local governments and public organizations;

Creation of infrastructure of public associations of citizens for joint activities;

Replacing power methods of action with methods of interaction and cooperation.

In the Address of the President to the Federal Assembly in 2010, the importance of modern forms of citizens' participation in the development of their city and village, their greater influence on the activities of municipal bodies, is voiced. One of the dominant topics is building everyday transparent, clear, simple relations between the state and the citizen at all levels of government. It is imperative that the question is raised that the regional, and even more so the municipal authorities, should be in dialogue with the people. At the same time, the level of trust of residents is declared the main criterion for evaluating the work of the regional leadership.

Within the framework of local self-government, the role of public associations is significant. They are an important channel for experimentation in the search for and development of new forms of self-government activity of the population and a significant source of information about the problems and requests of residents. Public associations are not just one of the forms of stating the needs and interests of citizens, but also a means of revealing the degree of significance and importance of such requests. In other words, they allow not only to fix any phenomenon, but also to determine its qualitative side, intensity. The activities of public associations make it possible to determine the level of volitional reinforcement of declared needs, interests, value orientations, which makes it possible for state and local authorities to judge the degree of claims of residents, therefore, to more objectively see the picture of existing social aspirations, it is more correct to correlate the latter with each other when making decisions. management decisions.

At the same time, public associations can be used by local governments as a means of bringing important information to the public. By informing the public, the authorities thereby intensify, deepen and expand information contacts with the population as a whole. In addition, public associations are not only a means of informing citizens, identifying problems, but also an important means of resolving these problems, self-realization by citizens of their own requests. For local governments, public associations are an additional means of meeting people's needs. Unfortunately, since the late 1980s local amateur movement, involved in meeting public needs, has declined. The organs of power in many places have ceased to rely on the organized self-activity of the people. And only in recent times there has been a movement to restore the old forms of work with the population. Undoubtedly, social activists should not replace the employees of the local government apparatus, municipal and other enterprises and organizations. Amateur organizations of the population should work not instead of local self-government bodies and their services, but together with them.

Public associations can do a lot to activate the personality and socialize its interests. This is one of the channels of control by the population over the activities of state and local authorities, political structures. Finally, it is necessary to note the quality of representation inherent in all associations. They represent the interests of their members (participants) and those groups of the population whose views they are trying to formulate and express. And in this capacity they can take all possible part in representative government, including in the processes of local law-making and local elections.

Let's sum up some results. It is the topic of public participation that becomes a kind of "calling card" of the municipal reform. In addition to the objective need to develop public mechanisms at the municipal level, the following political factors influence the situation:

The impossibility of municipalities, due to a number of factors, to qualitatively fulfill their duties at the local level leads to the involvement of the residents themselves and their associations in solving issues of local importance;

The situation is influenced by the resistance factor of the very bureaucratic apparatus of the institutionalization of public participation;

In the new socio-political conditions, the authorities are looking for new mechanisms " feedback» with the population.

It is important to note that the development of civil society structures, support for civil initiatives “from below” is one of the trending topics of federal public policy at the level of top officials of the state. It can be assumed that the public demand for public participation will increase. And first of all, this may concern responsibility and involvement in the management of municipal life. Therefore, the problem of insufficiently well-established interaction between the state and society is one of the most systemic, complex and important problems for Russia.

• Specialty HAC RF22.00.08
• Number of pages 248

CHAPTER I. THEORETICAL AND METHODOLOGICAL ASPECTS

SOCIAL PARTNERSHIP STUDIES

§ 1. State administration and local self-government

§2. The role of local government in the development of civil society

§3. Place and role of non-governmental organizations in the development of civil society

3.1. The non-profit sector as an object of sociological knowledge

3.2. The role of organizations of the "third sector" in the reform 40 Russian society

§four. Social partnership- the path to civil society

4.1. Social partnership: essence and principles

4.2. Legislative framework for social partnership

CHAPTER II. THE MECHANISM OF INTERACTION OF LOCAL 75 SELF-GOVERNMENT BODIES WITH NON-PROFIT ORGANIZATIONS

§ 1. Practice of interaction between local authorities and non-governmental organizations

§2. Analysis of social partnership on the example of the Regional Public Charitable "Coordination Center for Social Support" CONCLUSION Literature

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• Interaction of non-governmental non-profit organizations with state authorities and administration in Russia 2004, candidate of political sciences Batalova, Yulia Vladimirovna

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Bulletin of the Chelyabinsk State University. 2012. No. 3 (257). Control. Issue. 7. S. 14-18.

R. Kh. Mukhametshina

IMPROVING INTERACTION OF LOCAL GOVERNMENT BODIES AND PUBLIC ASSOCIATIONS OF THE CITY OF CHELYABINSK

Public associations involved in solving socially significant problems of the territories of municipalities can become a bridge between residents and local authorities. The article deals with the problems of the functioning of public associations and sets out recommendations for improving the interaction of local governments with public associations.

Key words: public associations, non-profit organizations, socially oriented non-profit organizations, local governments.

Public associations1 and other non-profit organizations are an important source of social innovation, make a significant contribution to the implementation of the main goals and objectives of the social policy implemented by local governments, provide additional jobs on the basis of permanent and temporary employment, attract social sphere additional financial resources.

Most noticeably, this process has found its embodiment in the life of Chelyabinsk, undoubtedly, to a greater extent thanks to the assistance of the city administration.

In the Chelyabinsk region as of July 1, 2011, 3,906 non-profit organizations were registered in the departmental register of the Department of Justice. Compared to 2006, the number of registered non-profit organizations increased by 18,802.

“Territorially, the main number of public organizations and non-profit partnerships concentrated in the regional center - about 80%. In the region's second largest city, Magnitogorsk, approximately 6% of public associations and 17% of non-profit partnerships operate. The remaining number of registered public organizations

Comparative analysis indicators for state registration non-profit organizations for 2010 and 20114

organizations are distributed throughout the region depending on the size of municipalities - Miass (232 registered public organizations), Zlatoust - 192, Ozersk

87, Snezhinsk - 78, Kasli - 52, Kyshtym - 51, Karabash - 13, etc. "3.

The well-being of the population also depends to a large extent on how competently the relations of local self-government bodies with public associations are built.

The success of the city policy pursued by local governments is largely determined by the degree of complicity, interest, involvement of non-profit organizations and territorial public self-government in the implementation of local decisions, i.e., the success of the process of interaction between local governments and non-profit organizations.

active work in this area is carried out by the Department for Interaction with Public Associations, the main task of which is the functional support of the interaction of the City Administration with various public associations5. The effectiveness of the activities of the Department for Interaction with Public Associations is achieved primarily through multi-level partnerships, using the potential of public organizations, citizens, together with administrative and business resources for the benefit and development of the city.

To date, there are the following forms of interaction with public associations:

1. Placement of orders for the supply of goods, performance of work, provision of services for municipal needs6. Unfortunately, today public associations do not even have the opportunity to participate in the competition for placing an order, since they can compete with commercial enterprises they are unable to. Although public associations have great potential, they are closest to the local population, they see their problems, and in solving some of them they can act more effectively than business structures.

2. Allocation of grants on a competitive basis and control over their use. "Grant - monetary funds, including material resources provided on a gratuitous and

on an irrevocable basis from the budgets of various levels, off-budget funds and charities. In the system of fiscal federalism, the term ‘grant’ is used as a synonym for the term ‘transfer’”7. The right to participate in the competition for municipal grants is granted to non-profit organizations operating in the city of Chelyabinsk for at least one year. It should be noted that Chelyabinsk is the first city in our region that began to provide municipal grants to public organizations.

3. Providing non-profit organizations with tax and non-tax benefits. "Local authorities of the city of Chelyabinsk provide support to non-profit organizations whose goals and activities correspond to the directions of development of the city of Chelyabinsk in the form of providing benefits in the form of full or partial exemption from local taxes directed to the city budget, in accordance with the law in the prescribed manner, or in the form of establishing incentives for rent for land, other real estate objects that are in the municipal ownership of the city of Chelyabinsk, in the manner prescribed by the regulatory legal acts of the city of Chelyabinsk”8.

4. Joint development of city and industry targeted programs and coordination of activities in their implementation.

5. Providing information on the socio-economic and budgetary policy pursued in the city, on activities related to the activities of non-profit organizations in order to attract citizens of the city of Chelyabinsk to a more active participation in the life of the city.

Thus, the forms of interaction between local governments and the public can be conditionally divided into two groups

Economic and non-economic forms. The main non-economic forms are public councils, exchange of information, provision of educational and methodological assistance. The main economic forms of interaction are the joint implementation of social programs, the formation and placement of orders for the supply of goods, the performance of work, the provision of services for municipal needs, grants (subsidies), property support for non-governmental non-profit organizations.

Currently, the following problems can be identified in the Department for Interaction with Public Associations:

1. Financing - only % of funds are allocated from the budget for the implementation of activities, the main sources are the funds of partners and sponsors.

2. Lack of staff - staff structural unit consists of 6 positions.

3. Management is not divided into departments by type of activity.

Many public associations face a number of difficulties in the course of their functioning. There are 3 groups of problems according to their severity.

legal, informational and consulting assistance, to transfer property to such non-profit organizations for use in their activities. But not only that. To provide them, which is no less important, with tax benefits, to place state and municipal orders with them on the same basis as state and municipal institutions conditions (today the latter are exempt from VAT).

Such a register can be placed in the public domain on the Administration's Web page and updated in the current mode. The status can be confirmed by the placement of an annual public report on the activities of these organizations.

Groups of problems according to the degree of severity for public associations

Severity of the problem Problem

The problem is very acute - Lack of funds

The problem is not felt very acutely - Lack of the necessary material base - Shortcomings in the taxation system - Imperfect legal framework - Underdevelopment financial support on the part of the authorities - Absence of a center of public associations - Absence of a register of socially oriented non-profit organizations - Absence of a municipal social order

The problem is felt weakly - Problem with renting premises - Insufficient public attention to the problems and activities of the association - Lack (shortage) of qualified employees (lawyer, accountant, etc.) - Lack of knowledge about non-commercial activities- Passivity of members and participants of the association - Insufficient attention from the means mass media- Insufficient number of activists (volunteers, voluntary assistants) - Lack (insufficiency) of information about other public associations - Organizational/managerial problems

One of the ways to improve the interaction between public associations and local governments is the creation of a register of socially oriented non-profit organizations.

Public associations included in such a register will have the opportunity to count on direct support from the state. The authorities will be able to provide such non-profit organizations with financial

The problem of the underdevelopment of financial support can be solved by placing a municipal order for the implementation of social services for socially oriented non-profit public organizations.

Non-profit organizations should participate in the competition for placement of municipal social order in such areas as social work, education, physical education, culture and some others.

Public associations have certain advantages, such as initiative, mobility and low overhead costs, which will help them win some of these competitions.

Placing a municipal social order among non-profit organizations would lead to more efficient use budgetary funds and ensuring the quality of social services provided to the population. The social order will not only allow local governments to do their job effectively, but will also give non-profit organizations a normal basis for existence, for active, and most importantly, highly professional work.

Non-profit organizations will become more popular through publication in the media, and therefore more viable, they will learn a business way of life. Public associations and local self-government bodies will become partners, not bosses - subordinates, which will increase the degree of democracy in society and activate the population to participate in self-government.

The ultimate goal of placing this order

Removing a certain amount of social tension in society by involving people in socially significant activities and rational use funds allocated for municipal social programs with a guaranteed end result.

An important step towards improving interaction is the creation of the Center for Public Associations.

The main goal of the Center will be to coordinate the activities of public associations, create infrastructure and material base for support public structures, as well as promoting the development of democracy and civil society, the socio-economic development of the city of Chelyabinsk, and the effective interaction of business, government and the public.

The establishment of the Center will solve such problems as the lack (insufficiency) of information about other public associations; a problem with renting a room; insufficient public attention to the problems and activities of public associations; lack (shortage) of qualified employees (lawyer, accountant, etc.).

In addition, by transferring property to the Center in operational management, The city administration will reduce budget expenditures on renting premises for holding various events with the participation of public associations. The problem of finding premises for holding these events, both for the City Administration and for the public associations themselves, will disappear, since this Center will have the opportunity to create a permanent platform for scientific and practical conferences, forums, training seminars, holidays, concerts, negotiations, etc. .

Public organizations will be able to unite with each other and with local governments to solve socially significant problems. Public attention to the problems and activities of public associations will increase, since the population will know that there is a Center that unites human rights, national-cultural, sports, military-patriotic, women's, youth and other public organizations and which can be contacted on issues of interest.

Thus, the need to create the Center is due both to the social needs of the public associations themselves, and the need to combine information about the positive experience of the work of public structures, the development of civil society, democratic institutions in the city of Chelyabinsk.

From the very beginning of their functioning, public associations are included in complex system relations with its partners: other non-profit organizations, authorities at various levels, commercial structures, etc. In this system of interaction, many complex problems have accumulated today that prevent a constructive dialogue between the authorities and “public activists”. These problems require an immediate solution, since inaction can lead to a weakening of the role of public associations as the most important institution of civil society, and possibly the loss of their direct purpose - the realization of socially significant interests.

To date, public associations have a huge potential for concentrating efforts to protect social

economic interests of local residents. Public associations can become a tool for realizing the interests of the local population. They can take on the function of protecting city residents and actively represent their interests in local self-government bodies, can jointly interact with municipal authorities on the socio-economic well-being of the territorial entity and contribute to improving the quality of life of the local community.

Notes

1 “Public association” means a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of a common interest to achieve common goals specified in the charter of a public association.

2 Analytical note on the activities of the Office for 2011. BR: minust74.ru/index. php?optune=com_content&view=artide&id=9&It emid=12.

3 Status and prospects for the development of civil society in the Chelyabinsk region: dokl. Societies. Chelyab chambers. region Chelyabinsk: PRINTMED, 2007. P. 8.

4 Analytical note on the activities of the Office for 2011.

5 Official website of the administration of the city of Chelyabinsk. Department for interaction with public associations. URL: http://www.cheladmin.ru/pages/29.php.

6 Decision of the Chelyabinsk City Duma of the third convocation “On approval of the Regulations on the interaction of local self-government bodies of the city of Chelyabinsk and non-profit organizations” dated October 25, 2005 No. 7/15, as amended on September 28, 2010 No. 17/14.

7 Decision of the Chelyabinsk City Duma of the third convocation “On approval of the Regulations on municipal grants - targeted financing of socially significant projects of non-profit organizations” dated October 25, 2005 No. 7/15, as amended on September 28, 2010 No. 17/14.

8 Decision of the Chelyabinsk City Duma of the third convocation "On approval of the Regulations on the interaction of local governments ..."