Municipal Law (MIEMP)

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Uploaded: 28.04.2013
Content: 30428105702180.zip (24,98 kB)

Description

1. What is the specificity of the territorial organization of the municipality?
2. Can all existing and new types of law municipalities assume the local government level?
3. What is the necessary action in establishing and changing the boundaries of the municipality?
4. Does the question of the territorial basis of local authorities on this or that model the relation of state power and local self-government?

2. Objectives
1. In the science of municipal law, there are different views on the nature of the municipal authorities. The prevailing opinion is that this power combines the features of the state and public authorities.
Find the Constitution of the Russian Federation, December 12, 1993 regulations supporting this kind of dualism.

2. In forming the local government in the municipality (settlement) population received a recommendation on the structure and composition of these bodies. The recommendation was reflected in the decision of the legislative (representative) body of state authority of the Russian Federation.
What is the principle of local self-government in this case violated?

3. The subject of the Russian Federation law fixed two-tier system of local government organization. This means that there municipality (district and settlements as part of the district) who does not have the status of independent municipalities.
As this provision may be reflected in the structure of local government in the district? Does this structure of local governments with the law "On General Principles of Local Government in the Russian Federation" dated 06.10.2003 № 131?

4. The Department of Justice examined the submitted for registration of the charter on local self Kruglovskaya area refused to register him on the grounds that, first, the structure of the statute does not correspond to the order of presentation of issues that set Art. 8 of the Federal Law "On general principles of local self-government" from 06.10.2003 № 131, and secondly, the charter is expedient to provide a post elected by the population of the district head, the third was not submitted receipt of payment of the registration fee.
Whether justified the refusal to register the statute by the Department of Justice? In which order may be appealed?

Additional information

5. Villagers held a Meadow gathering, which decided to raise funds for the construction of a new bridge over the river. Rural administration refused to implement the decision converge on the grounds that the establishment of local taxes and fees is the sole responsibility of the village council.
How should this issue be resolved?

6. The regional governor sent to all municipalities written recommendations, which proposed to consolidate representative bodies in the statutes of the local government following the procedure of election of heads of municipalities: heads of municipalities are elected by the representative bodies of local self-government from among its members. The candidacy for the post of head of the municipal council is the regional governor. Subsequent changes in the statute relating to the procedure for electing the head of the municipality, may be made only after a local referendum on the issue.
Comment on the recommendations of the regional governor.

7. junior specialist of municipal services of city administration was appointed Kirilov. Soon, in the management of vacant post of the leading expert and Kirilov wrote a letter with a request to transfer him to the post. Head of the proposed Kirillov pass a qualifying examination to determine his capacity to take the position from which Kirillov refused, saying that his qualification is confirmed by the presence of his special education, previous years of seniority and positive characteristics from the last job, so he has every right to vacant position. For clarification Kirillov asked the counsel of the city administration.
Counsel on behalf of the answers Kirillov.

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