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Local councils in the years of active modernization of statehood (the end of the 1980th the beginning of the 1990th)



MESTNYE COUNCILS in the years of ACTIVE MODERNIZATION of STATEHOOD (the END 1980-X - the BEGINNING 1990-X)

V.A. Chernositov.

graduated in a military academy of department of the theory and history of the right and state of the Krasnodar university Ministry of Internal Affairs of the Russian Federation Novorossiysk

In state and legal literature at illumination of questions of development of local management in the period of so-called "stagnation" (the middle of the 1970th - the middle of the 1980th) the following main lines inherent in this institute are distinguished: the unity of a system of Councils allowed independence of the lower links in strictly certain narrow limits under control of higher; at one level of Councils it was not carried out and the principle of division of the authorities was not allowed - the power and management were merged together; local bodies had no right of lawmaking because everything was dictated from the center, including procedural and organizational issues; the ideas of self-government of the people declared in various acts came down to the idea of wide representation of the population in deputy corps which selection and structure was controlled tightly; the formal absolute power of Councils in all spheres was really replaced with absolute power party struktur1.

The situation began to change quickly after declaration of policy of reorganization in 1985. Already the first alternative (in respect of excess of number of candidates for a post of number of mandates) elections of 1989 brought changes - party heads of a number of the large cities, including Moscow and Leningrad failed. But basic changes entailed elections of 1990 to local authorities. On elections to city councils of a number of the large industrial centers of Russia (Moscow, Leningrad, Gorky, Sverdlovsk) supporters of reforms gained a victory. The City Councils for the first time appeared deputy a dress coat -

tion. But deputies faced an insuperable problem: Councils were not created for work in the conditions of pluralism and multi-party system. Deputies wanted at the same time both to adopt laws and to execute them that in practice to embody was almost not real. The conflicts between various levels of the power became more frequent.

In the years of active reorganization of statehood (1988-1990) the special part of the direct solution of the questions concerning quality of life of the population of the respective regions was assigned to local councils. It was emphasized that nobody, except the local councils which are able to organize the fullest satisfaction of material and spiritual needs of people taking into account features of development given territorii2. On April 9, 1990 for the first time in the USSR in the adopted law "About the General Principles of Local Government and Local Economy in the USSR" 3 the following new provisions and norms were fixed: the concept of local (territorial) government as parts of socialist self-government of the people which is intended to provide realization of the rights and freedoms of citizens, their independence in the solution of issues of social and economic development of the territory, environmental protection was entered; opr e-delyalis a conceptual framework of local government - it began where inhabitants could interact directly with each other and local governments and had to be carried out, proceeding from the interests of the population and features of administrativnoterritorialny units; for the first time system vla-

1 D.A. Kokorev. City self-government of Russia: organizational and legal features and comparative analysis. Yew.... edging. yurid. sciences. M, 2004; Shchendrygin EL. Government and local government. Istorikopravova analysis. St. Petersburg, 1997; V.A. Yasunas. Formation and the prospects of development of local government in the Russian Federation (legal aspect). Moscow, 2000, etc.
2 V.Z. Chernyak. History of the public and municipal administration of Russia. M, 2001. Page 450, etc.
3 Law of the USSR "About the General Beginnings of Local Government and Local Economy in the USSR"//Code of laws of the USSR. T. 1. Article 267. 1990
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st it was divided into two subsystems: state and local government. The most important was that the government has no right to interpose in the matter of local government, but is obliged to provide all necessary conditions for its normal functioning; it was provided that local councils of various levels have the right under the mutual agreement to redistribute among themselves separate powers in the field of social and economic development of the territory taking into account local demographic, economic conditions and national peculiarities.

According to this law the economic basis of local councils was made by municipal property which is formed of the property donated by the state, the allied and autonomous republics and other subjects and also the property created or acquired by local councils at the expense of the means belonging to them. In development of this subject the Law of RSFSR "Was adopted about property in РСФСР" of December 24, 1990 which, in particular, in Article 23 defined a concept of municipal property and gave it perechen1 that, in turn, changed the nature of the relations of local authorities with the state enterprises, cooperatives citizens - understanding of need of formation of the most and administrative beginnings for management on places was already shown at the different levels of the power.

The Law of RSFSR adopted on October 10, 1990 & #34 became a certain reflection of these trends; About additional powers of local councils of People's Deputies in the conditions of transition to the market relations" 2, a little expanded circle of powers of local authorities. In compliance with the specified law the local authorities received additional powers in the following areas: privatizations and privatizations, stimulations of business and antimonopoly actions, formations of labor market, land and housing reforms, social protection and so on. It was especially noted (Article 16) that local councils of People's Deputies, their bodies and officials are responsible for legality of the made decisions. To local councils the people -

ny deputies the right to show in court or state arbitration of the requirement about recognition invalid acts of state bodies, higher in relation to them, the enterprises (associations), the organizations and institutions violating the rights and legitimate interests of the citizens living in the territory subordinated to them and also the rights of local councils of People's Deputies was granted. Before decision-making by court or arbitration the local councils of People's Deputies had the right to suspend the challenged acts. By "old tradition" the exception became concerning acts of state bodies, higher in relation to them. Also the right of citizens the right to appeal in court of the decision of local councils of People's Deputies, their bodies, officials of local councils of People's Deputies was affirmed if they violate their rights and interests protected by the law.

And, at last, law "About Local Government in RSFSR" 3 which is rather precisely reflecting real situation in the field of self-government was adopted on July 6, 1991. It is possible to refer big practical applicability and a possibility of use to its advantages directly, without additional regulations that allowed to structure the system of local governments more accurately. The new territorial structure included areas, the cities, areas in the cities, settlements, rural settlements and also territorial public entities (residential districts, housing complexes and other). It already was another, opposite allied, model of the organization of local government, but also she could be quite efficient. Besides with adoption of law of RSFSR of 1991 the significant step to dekoncentration and decentralization of the power as state, and mestnoy4 was taken.

Thus, the Law of the USSR "About the General Beginnings of Local Government and Local Farms" played the major role in development of the beginnings of local government in our country. They rather in detail developed a question of financial and economic prerequisites of independence of local government, entered

1 Sheets of the UMP and VS RSFSR. 1990. No. 30. Article 416.
2 Sheets of the UMP and VS RSFSR. 1990. No. 19. Article 197.
3 Sheets of the UMP and VS RSFSR. 1991. No. 29. Article 1010.
4 D.A. Kokorev. Decree. work. Page 77.

a concept of municipal property, an opreda the main mechanisms of legal protection me stny self-government poured. And by that okoncha-

telno it was headed for development of institute of local government which. in essence, proceeds still.

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Jordan Grant
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