公共权力统一体制下的地方自治:财政与法律特征

N. Kolosov
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引用次数: 0

摘要

目前正在调查在俄罗斯联邦宪法中巩固关于地方自治机构和国家当局进入单一公共权力制度的规定所产生的财政和法律后果。《关于俄罗斯联邦各主体公共权力组织的一般原则》联邦法在俄罗斯联邦各主体国家权力机关与地方自治机关之间的关系问题上进行了分析。据分析,地方自治团体被纳入统一的公共权力体系,并不意味着必须强制更新财政立法。结论是,它将在通过一项关于组织地方自治的新的联邦法律之后进行。对40361-8号法(草案)《关于统一公共权力体制下地方自治组织的一般原则》与现行规范地方自治组织的法律进行了比较。已经确定了该法草案中需要澄清和改进的问题。因此,根据提交的法律草案,领导地方行政机关的市政首长同时担任两个职位:市政职位和俄罗斯联邦主体的国家职位。在这方面,建议不仅从地方预算中,而且从俄罗斯联邦主体的预算中,以经费来确保其活动。在审议中的法律草案中,保留了一项关于公民自我征税的条款,总的来说,这在解决与市政当局人口有关的问题方面相当有效。这种收入来源通常只适用于地方预算。因此,需要注意的是,由于公法教育面临的任务水平,公共权力的统一并不排除不同预算的原始收入来源的存在
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Local self-government in the unified system of public authority: financial and legal characteristics
The financial and legal consequences of the consolidation in the Constitution of the Russian Federation of the provision on the entry of local self-government bodies and state authorities into a single system of public power are being investigated. The Federal Law “On the general principles of the organization of public power in the subjects of the Russian Federation” is analyzed on the subject of the relationship between the state authorities of the subjects of the Russian Federation and local self-government bodies. It is revealed that the fact of the inclusion of local self-government bodies in the unified system of public authority does not mean the need for mandatory updating of financial legislation. It is concluded that it will follow after the adoption of a new federal law on the organization of local self-government. The comparison of Draft Law No. 40361-8 “On the general principles of the organization of local self-government in the unified system of public authority” and the current law regulating the organization of local self-government is carried out. The issues requiring clarification and refinement in this draft law have been identified. Thus, according to the submitted Draft Law, the head of the municipality, who heads the local administration, simultaneously fills two positions: a municipal position and a state position of a subject of the Russian Federation. In this regard, it is proposed to ensure its activities at the expense of funds not only from the local budget, but also from the budget of the subject of the Russian Federation. In the Draft Law under consideration, an article on self-taxation of citizens has been preserved, which in general turned out to be quite effective in solving issues relevant to the population of the municipality. This source of income is typical only for local budgets. Therefore, it is noted that the unity of public power does not exclude the existence of original sources of income for different budgets, due to the level of the tasks that public law education faces
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