Soviet model of local self-government. Development of local self-government in the Soviet period

After the October Revolution of 1917, a system of power developed in the country, according to which all representative bodies (from top to bottom) were included in single system state power. This, of course, changed the ideas that existed before the revolution about local self-government as self-government of the population. In other words, local self-government in the form of Soviets people's deputies in fact, it began to represent a grassroots link in a single state apparatus.

The October Revolution introduced fundamental changes in the formation of the system of local authorities and its structure.

In October 1917 there were over 1,430 Soviets of Workers', Soldiers' and Peasants' Deputies and over 450 Soviets of Peasants' Deputies. Note that in the Don and Kuban there were also Soviets of Cossack and peasant deputies.

Analyzing the legislation of that period, we can distinguish three character traits inherent local councils. Firstly, local Soviets were bodies of power and administration operating within the boundaries of the then existing administrative territories. Secondly, there was an organizational relationship and vertical subordination. And, finally, when determining the competence and limits of powers of local Councils, their independence in solving issues of local importance was established, but their activity was allowed only in accordance with the decisions of the central government and higher Councils.

At the end of 1919, units of local self-government were defined, regardless of size (provinces, counties, volosts, cities, villages). They became known as communes. Special bodies (communal departments) were created in the Soviets to manage the "communal economy". In April 1920, a central regulatory body was created - the Main Department of Public Utilities.

Attention to the problems of self-government in our country increased in the second half of the 1980s. Gradually, the view began to assert itself that local self-government is an independent level of exercise by the people of constitutionally belonging power, that a democratic structure of society is possible only when local self-government is separated from state power.

First practical step on this path was the adoption on April 9, 1990 of the Law of the USSR "On general principles local self-government and local economy in the USSR.

A new stage in the formation and development of local self-government in Russia, truly modern municipal government, began in the country in 1993.

The Constitution of the Russian Federation, adopted on December 12, 1993, secured local self-government and its independence, including in determining the structure of local self-government bodies. In 1995, the Federal Law "On general principles organizations of local self-government in the Russian Federation. The new Federal Law "On the General Principles of the Organization of Local Self-Government in Russian Federation”, adopted in 2003, marked the beginning of the municipal reform, fully entered into force in 2009.

Local government, as a term, has dozens of interpretations. As previously mentioned in this paper, the 1976 Constitution did not provide for this concept. However, in " Soviet Encyclopedia He has been mentioned since 1974. Local government is one of the types government controlled on the ground, in which the population of an administrative-territorial unit independently manages local affairs (through elected bodies or directly) within the rights established by the state.

After the October Revolution of 1917, the zemstvo and city self-government bodies were replaced by a system of soviets, according to which all representative bodies were part of a single system of state power. The basis of Soviet power was the principle of unity, with strict subordination of lower bodies to higher ones.The Constitution of the RSFSR of 1918 was enshrined new system local authorities, including regional, provincial, volost Congresses of Soviets, Councils of Deputies of cities and other settlements. The Congress of Soviets was the highest authority within the given territory. Councils of Deputies were elected directly by the population, Congresses of Soviets were formed from representatives of the respective Councils of Deputies and lower Congresses. The executive committees were elected by both the Councils of Deputies and the Congresses of Soviets. .

During 1920-1923, while maintaining the party leadership, land management, landscaping, part of industry, local transport were transferred to local management, municipal power plants appeared and municipal banks began to be created. Municipal science was actively developing, the largest representative of which was Professor L. Velikhov .

By the mid-1930s, the Congresses of Soviets were abolished. They were replaced by another local government body - Soviets of Working People's Deputies .

According to the Constitution of the USSR (Article 3) "All power in the USSR belongs to the working people of the city and countryside represented by the Soviets of Working People's Deputies." All other organs of the Soviet state receive their powers either directly or, ultimately, from the Soviets. The Soviets of Working People's Deputies serve as "the foundation of the socialist state and the most complete embodiment of its democratic character...".

According to the Constitution of the USSR of 1936 and the Constitution of the RSFSR of 1937, the Soviets were elected on the basis of universal, equal and direct suffrage by secret ballot.

Also, the institution of “instructions” of voters to their deputies and a system for recalling deputies who did not justify the trust of voters was introduced. .

From among the deputies, commissions were created for preliminary consideration of issues submitted to the sessions of the councils. Elections to Soviets at all levels, including local councils, were held on a non-alternative basis, and the candidacies of the only candidate for each constituency were selected by party bodies .

In the Constitutions of 1977 and 1978, local authorities began to be called Councils of People's Deputies.The formation process and their activities were carried out under the leadership of the party organs. In this regard, the independence of the Soviets was limited.The activity of local Soviets was influenced by their executive committees. At the sessions of the Councils, the executive committees approved pre-arranged decisions, although they were formally accountable to the respective Councils. Such a system could not be either democracy or self-government,.

By the adoption of the law of the USSR (in April 1990) "On the general principles of local self-government and local economy in the USSR", the concept of "local self-government" was included in the legislation. However, this did not change the political nature of the local Soviets as bodies of state power and administration.

After the October Revolution, the widespread liquidation of zemstvos began (the Bolsheviks considered zemstvo self-government to be a legacy of the bourgeois system), which was completed by the summer of 1918.

It must be emphasized that the attitude towards local self-government in the early days of Soviet power was ambiguous. In December 1917, the People's Commissariat for Self-Government Affairs was even created, which, however, lasted only three months.

The liquidation of the Zemstvo was a completely natural process, because local self-government provides for the decentralization of power, economic, social, financial and, to a certain extent, political independence, independence, and the ideas of socialism were based on the state of the proletarian dictatorship, i.e. The state is centralized in nature.

Bodies of zemstvo and city self-government were replaced by a system of councils. The Soviet system is based on the principle of unity at all levels and strict subordination of lower bodies to higher ones. All councils operated under the control of the Communist Party.

However, the need to quickly overcome the devastation after civil war brought to life a new economic policy (NEP) with a certain assumption of market methods of management, some decentralization of power and the organization of economic self-government in the field. In 1920-1923. while maintaining the party leadership, the following were transferred under local control: land management, landscaping, part of the industry, water supply and sewerage, local transport, fire fighting, funeral business. Municipal power plants appeared, and communal (municipal) banks began to be created.

In 1925t. Regulations on city councils were adopted, and in 1926- Regulations on local finances. These acts clearly defined the competence and financial resources local councils in the economic sphere. Municipal science was actively developing, the largest representative of which was Professor L.A. Velikhov. His fundamental work "Fundamentals of Urban Economy", published in 1928, remains relevant today.

In 1927 and 1928 a new period of development began in the USSR - the period of the "great turning point" and accelerated industrialization, characterized by a sharp increase in the centralization of economic life. An administrative-territorial reform was carried out, instead of rural volosts and counties, larger districts were created, better suited for centralized leadership. All self-government rudiments in the cities and in the countryside were eliminated, and the term "self-government" itself disappeared from use for a long time. Professor L.A. Velikhov was repressed. The newly established rigid centralized system of leadership (formally quite democratic, with universal, equal and direct suffrage) was enshrined in the USSR Constitution of 1936 and remained almost unchanged until the end of the 1980s.

5. The current state of local self-government in the Russian Federation

The modern history of local self-government in Russia can be divided into several stages:

1989-1991 - First stage restoration of local self-government;

1991 - 1993 - local self-government bodies are withdrawn from the system of state authorities;

1993-1995 - regulation of local self-government issues within the framework of the constitutional reform;

1995-2003 - implementation of the first federal law dated August 28, 1995 No. 154-FZ "On the general principles of the organization of local self-government in the Russian Federation";

from 2003 to the present - the transition to the implementation of the new Federal Law of October 6, 2003 No. 131-FZ "On the general principles of organizing local self-government in the Russian Federation."

Interest in the idea of ​​local self-government returned in the second half of the 1980s. with the beginning of perestroika. Since the early 1980s the policy of the state in relation to local authorities and territories under their jurisdiction has repeatedly changed. It all began with strengthening the responsibility of local authorities for the integrated, balanced economic and social development of the territories without actually expanding their real rights and economic opportunities. Then the transition to regional cost accounting was announced, which seemed very difficult in the conditions of dominance of command and distribution relations in the country. Finally, since the early 1990s began to lay the foundations for regulated market relations, thereby creating an economic mechanism for local self-government.

The initial stage of development of local self-government (1989-1991) associated with the spontaneous process of formation of territorial public self-government. At the same time, such a form of self-government as the election of councils of labor collectives was introduced at enterprises.

The development of small business and the expansion of local initiative in the economic sphere required adequate transformations in the system of local government. At the same stage, the creation of a legal framework for local self-government began. The Law of the USSR “On the General Principles of Local Self-Government and Local Economy in the USSR”, which entered into force in accordance with the Decree of the Supreme Soviet of the USSR dated April 9, 1990 No. 1418-1, was the first act in the history of Soviet power, which was introduced into state system local self-government and abolished the former status of local Soviets of People's Deputies. For the first time, the concept of communal property was legislated.

At the next stage (1991-1993), the beginning of which was laid by the collapse of the USSR, the process of creating a legal framework for the formation of institutions of local self-government continued. The main legal act that determined the formation of institutions of local self-government on the territory of Russia was the Law of the RSFSR dated July 6, 1991 No. 1550-1 “On Local Self-Government in the RSFSR” (as amended on October 25, 1991), the adoption of which was preceded by inclusion in the Constitution RSFSR 1978 of the section "Local Self-Government in the RSFSR" instead of the section "Local State Authorities". The law clearly established the boundaries of local self-government (within the boundaries of districts, cities, districts in cities, towns, rural settlements). In law consolidated a single for the entire Russian Federationmodel of the system of local governments with a fairly strong head of administration. These laws made it possible to begin the revival of local self-government on a new basis, with democratic, alternative elections and in a multi-party system. The system of executive committees with collective responsibility for decisions was replaced by a system of heads of administrations acting on the principles of unity of command.

The adoption of the law stimulated the formation of institutions of local self-government, especially territorial public self-government in cities and towns. However, its implementation was held back by the growing political crisis that led to the August 1991 events.

In 1992, for the first time, local self-government bodies were withdrawn from the system of state authorities. However, their new status has not been sufficiently clarified.

Next stage ( 1993-1995) characterized by the regulation of local self-government issues by Decrees of the President of the Russian Federation as part of the constitutional reform. In 1993, the system of Soviets was liquidated, the powers of local Soviets were temporarily assigned to local administrations, elections to new representative bodies of power were scheduled; Guarantees for the realization of the rights of the population to local self-government have been created. Work has begun on the preparation and adoption new constitution Russian Federation. Within the framework of the constitutional reform, the process of decentralization received its logical conclusion: the institution of local self-government was proclaimed as an independent structure in the system of public authority, which has organizational isolation. Local self-government received: dedicated competence (issues of local importance); financial and economic independence in resolving issues of local importance - on the basis of the right to have their own budget, which is formed by means of revenue and expenditure powers transferred to local self-government; broad autonomy in the choice of organizational forms. However, the development of local self-government did not occur immediately after the adoption of the Constitution. Until August 1995, only nine heads of local self-government (mayors) were elected, mostly in large cities.

The next stage in the formation of local self-government in the Russian Federation (1995-2003) associated with the adoption and implementation of the Federal Law of August 28, 1995 No. 154-FZ “On the General Principles of Organizing Local Self-Government in the Russian Federation”, the entry into force of the said Federal Law began a real revival of local self-government in Russia. New local governments were elected. On December 27, 1995, the Government of the Russian Federation adopted the Federal Program of State Support for Local Self-Government. Then the Federal Law of November 26, 1996 No. 138-FZ “On Ensuring the Constitutional Rights of Citizens of the Russian Federation to Elect and Be Elected to Local Self-Government Bodies” (edition of the Federal Law of June 28, 1998 No. 85-FZ) was adopted, on the basis of which Elections were held in almost all subjects of the Federation. Further, Federal Laws No. 126-FZ of September 25, 1997 “On the financial foundations of local self-government in the Russian Federation” and No. 8-FZ of January 8, 1998 “On the fundamentals of municipal service in the Russian Federation” (edition of the Federal Law dated April 13, 1999 No. 75-FZ). On April 11, 1998, our country ratified the European Charter of Local Self-Government. On October 15, 1999, the Decree of the President of the Russian Federation approved the "Basic provisions of the state policy in the field of development of local self-government in the Russian Federation". To organize the interaction of local self-government bodies with state authorities, the Council for Local Self-Government in the Russian Federation, headed by the President of the country, and the Council of Heads of Local Self-Government Bodies on Problems of Socio-Economic Reform under the Government of the Russian Federation were created.

At the same time, the implementation of local self-government revealed a number of serious shortcomings and unresolved problems. Political instability in the second half of the 1990s did not allow to focus on such an important area of ​​reform as the formation of local self-government. Changes in tax and budget legislation have significantly undermined the financial base of local self-government and turned most of the municipalities into sharply subsidized ones. Local self-government bodies were entrusted with a significant amount of state powers that were not provided with funding.

In order to intensify the process of formation of local self-government, the Government of the Russian Federation developed and adopted the Federal Program of State Support for Local Self-Government. However, it turned out to be inadequate to the scale of the initiated reforms.

In general, the necessary conditions for the implementation of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" have not been fully created. The underestimation of the importance of the reform of local self-government, which resulted in the unsettledness of interbudgetary relations, contributed to a constant reduction in local budget revenues and an increase in their deficit, as a result of which the municipal economy in 2000 actually exhausted its resources.

CURRENT STATUS OF REFORM AND PROBLEMSOF LOCAL SELF-GOVERNMENT IN THE RUSSIAN FEDERATION

Since 2002, an administrative reform has begun in Russia, designed to increase the efficiency of all levels of public authority, clearly delineate powers and responsibilities between them, and bring the financial resources of each level in line with the scope of powers. An essential component of this reform was the reform of local self-government. In 2003, a new Federal Law No. 131 - F3 "On the general principles of organizing local self-government in the Russian Federation" was adopted. Subsequently, a number of changes and additions were made to it. In full force new law on local self-government entered into force on January 1, 2009, and was implemented as an experiment in the Stavropol Territory and the Novosibirsk Region.

Legislative acts have been adopted in the Stavropol Territory: on the boundaries of municipalities, on the organization of local self-government in the territories of the districts, and on interbudgetary relations. Specified regulations change the structure of local authorities, fix a two-tier local budget (the formation of 9 urban districts, 26 municipalities at the district level and 280 at the settlement level, the total number of municipalities in the Stavropol Territory is 315) and regulate the relationship between the state authorities of the Stavropol Territory and local authorities self-government of municipalities that are part of the Stavropol Territory.

Federal Law No. 131-FZ of October 6, 2003 “On the General Principles of Organizing Local Self-Government in the Russian Federation” outlined the next stage in the local self-government reform, the purpose of which is, on the one hand, to bring local self-government bodies closer to the population, with the other is to make them accountable to the state. As a result, the legal conditions for the organization of local self-government have improved. Greater attention in the norms of the Federal Law of 2003 is paid to the regulation of the budget process in municipalities, the equalization processes in relation to different types of municipalities.

Thus, approaches to the regulation of municipal relations indicate the desire of the President of the Russian Federation and the federal legislator to improve the country's municipal system, create conditions for the development of initiatives and responsibility of the population in solving issues of life support for municipalities, strengthening democracy at the local level. This gives grounds to conclude that a new stage in the reform of local self-government has begun as one of the important directions in the reform of the entire system of governance of society and the state, based on the principles of constitutional federalism and democracy.

The reform of local self-government in modern Russia should be considered as part of the overall process of the formation of a new Russian statehood, which causes significant qualitative changes in many areas of society and the state. Naturally, this process is associated with a whole range of economic (protracted process of transition to market relations), financial (limited income base and imbalance of local budgets), social (collapse of the existing social infrastructure, a sharp decline in the standard of living of the population, etc.), political ( decline in public confidence in government institutions) difficulties .

The following problems of the development of local self-government in the Russian Federation are distinguished:

financial weakness of local self-government, the gap between the responsibilities assigned to it and their resource provision; the impossibility for financial reasons to fulfill their obligations to the population undermines the authority of local authorities, often destabilizing the situation on the ground;

weakness of civil society, low level of social activity, low legal culture of the population, lack of knowledge about the essence and possibilities of self-government;

resistance of the bureaucracy at all levels, which sees in local self-government a threat to their well-being, to the usual methods of management;

underestimation of the importance of the reform of local self-government, resulting in unsettled inter-budgetary relations;

shortage of qualified personnel in the self-government system, especially in countryside and etc.

From the first days of its existence, the Councils of Deputies sought either to replace local governments or to put them under their control. Gradually, the Councils of Deputies were replaced locally by zemstvo and city self-government bodies. Constitution of the RSFSR 1918 d. installed the principle of the unity of the Soviets as bodies of state power with strict subordination of lower bodies to higher ones.

In Soviet times, one of the basic principles of the organization and activities of all parts of the Soviets was the principle of democratic centralism. This principle was the basis for the unification of all the Soviets into one system. The principle of democratic centralism was reflected in the constitutions of the Soviet period, and in the laws regulating the organization of the activities of individual parts of the Soviets. These are the Law on Settlement, Rural Councils of People's Deputies of the RSFSR (1968); Law on the City Council of People's Deputies of the RSFSR (1971); Law on the Territorial, Regional Council of People's Deputies (1980).

On the whole, local self-government began to be regarded as an institution peculiar exclusively to bourgeois democracy. Again the problem of legal status local authorities was raised during the preparation and discussion of the draft Constitution of the USSR in 1977. The result was the consolidation in the Constitution provisions on the presence in the Soviet Union of a system of local government bodies, which does not differ in principle from the previous constitutional provision.

A new stage in the development of local self-government was associated with the adoption April 9, 1990 Law of the USSR"On the General Principles of Local Self-Government and Local Economy in the USSR" and July 6, 1991 Law of the RSFSR"On Local Self-Government in the RSFSR". These Laws have played a certain role in the development of local self-government. However, the confrontation between representative bodies (Soviets) and executive bodies, a certain confrontation state authorities and local authorities - this eventually led to to the dissolution of the local Soviets.In 1991 the executive committees were liquidated - instead of them they created administration, the formation began municipal property, the bodies of local self-government formally already were not included in the system of government.

In October 1993, as part of resolving the crisis of power in the Russian Federation, the Regulations on the Fundamentals of the Organization of Local Self-Government in the Russian Federation were issued for the period of a phased constitutional reform, approved Decree of the President of the Russian Federation of October 26, 1993. All local councils were dissolved, and the heads of local administrations were appointed by the President of the Russian Federation. Instead of councils, representative bodies were created.

The most important milestone in the development of local self-government was the adoption Constitution of the Russian Federation of 1993, which attributed to the foundations of the constitutional system such provisions as

attribution of local self-government to forms of democracy

local self-government guarantee

local self-government has its own powers

organizational isolation of local governments from public authorities

Existence municipal property, including on the ground.

After the adoption of the new Constitution of the Russian Federation by the President of Russia, in order to further implement the reform of local self-government, ensure its state support Decree of December 22, 1993 "On Guarantees of Local Self-Government in the Russian Federation" was issued. AT the period from 1993 - 1995 completed the formation of municipal property, elections of heads of municipalities began.

The development of the Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" in 1995 and its adoption marked a new stage in the development of municipal law. In 2005, a new Federal Law came into force.

Municipal reform aims on the

specification financial basis local government,

bringing municipal government closer to the population,

clarification of the legal status, primarily powers, types of municipalities,

formalization of several models of local self-government,

development of forms of territorial public self-government.

The specification of the financial basis implies, firstly, the definition of financial sources of municipal independence within the framework of tax and budgetary legislation, and secondly, a clear distinction within the framework of civil, administrative, and land legislation of public property objects of various levels. This is one of the main directions of the reform.

Approximation of municipal power to the population should be provided by the settlement level of local self-government introduced where it is absent (municipal formations of urban and rural settlements). At the same time, a second territorial level is provided in the form of municipal formations of municipal districts. Big cities receive the status of urban districts with the powers of both an urban settlement and a municipal district. Thus, it is envisaged that the subjects of the Federation, the local population should have both of these levels. Previously, the subjects of the Federation had the right to have a two-level territorial model of self-government, but they could also choose other options. To what extent the new approach is expedient, time will tell. Here we must take into account that a number of constituent entities of the Russian Federation have already chosen a territorial model of self-government, in which the emphasis was placed on the settlement level. The result - the desire of many of them, their municipalities to abandon this scheme and go to the enlargement of municipalities at the district level. The main reason is the financial, economic and material insolvency of small territories in the conditions of a mobilization-catching up economy.

Providing for the different legal status of municipalities different type, level and location with a more detailed presentation of issues of local importance than before, the legislator implements what theorists and practitioners have talked about a lot. Municipalities differ significantly from each other in terms of population, socio-economic, cultural potential, and other indicators. Obviously, because of this, their legal status and range of tasks should also differ. However, the Law of 28 August 1995 made no such distinction. The strength of the Law of October 6, 2003 is the assumption, albeit a minimal one, of choice by the population different models formation and organization of local authorities. Until now, one model has dominated, including a representative body of local self-government and, as a rule, the head of the municipality. Now various schemes for the formation (elections) of local self-government bodies are envisaged, including the option of indirect elections of a representative body of local self-government of a municipal district.

The Law of October 6, 2003 stimulates the development of organizational and legal forms of public self-government of residents, including clarification of the public law and civil law status of territorial public self-government bodies (OTOS). In general, the Law of October 6, 2003 retained the approach, which is a symbiosis of state and public theories of local self-government. However, its state component has been strengthened. Thus, it is obvious that the reform is aimed at strengthening state control over local governments.

It should be noted that the attitude towards zemstvo and city self-government at the beginning of the existence of Soviet power was positive. In December 1917 The People's Commissariat for Self-Government Affairs was created, which lasted until March 1918. After conclusion Brest Peace and the exit of the Left Socialist-Revolutionaries from the Soviet government, in protest, the People's Commissariat was abolished.

The period of liquidation of the zemstvo and city self-government began, which ended by the summer of 1918. This process was quite natural, since the zemstvo and city self-government provided for the decentralization of power, economic independence, and the ideas of socialism were based on the dictatorship of the proletariat, i.e. centralized administration of the country.

The liquidation of the old self-government bodies was carried out on the basis of a circular of the People's Commissariat of Internal Affairs dated February 6, 1918. In accordance with this circular, city and zemstvo self-government bodies opposed to Soviet power were subject to dissolution, and the remaining self-government bodies were merged into the apparatus of local Soviets.

The principle of unity of power at all levels and strict subordination of lower bodies to higher ones was put at the basis of the organization of local authorities. The Soviets acted under control Communist Party and were public authorities.

The constitutional consolidation of the system of local councils took place in the Constitution of the RSFSR of 1918, which fixed the system of local government bodies, including regional, provincial (district), county (district) and volost congresses of Soviets, as well as the executive committees elected by them. During this period, city and village councils were elected directly by the population. Congresses of Soviets - based on multi-stage elections.

In 1920-1923. local self-government was transferred to the issues of local economy, namely: land management, part of the industry (later it became known as industry subordinate to local councils), water supply and sanitation, transport services for the population, landscaping and a number of other issues.

In 1925, the Regulations on City Councils were adopted, and in 1926, the Regulations on Local Finances, which clearly defined the competence and financial resources of local councils in the economic sphere. This period can be characterized as a period of positive development of local self-government. Municipal science has received good development, prominent representative which was Professor L.A. Velikhov.

During the period of accelerated industrialization (1927-1928), many positive points in local government were forgotten. In cities and rural settlements, all local self-government was practically eliminated. Instead of rural volosts and counties, large districts were created. All these measures were necessary to strengthen the vertical of control and more rigid centralization of power. The USSR Constitution of 1936 consolidated all the changes. The same constitution abolished the system of congresses of Soviets, local representative bodies of state power began to be called Soviets, and were elected by secret ballot, on the basis of universal, equal and direct suffrage directly by the population.

The fundamental principle in the activity of the system of Soviets was democratic centralism, which allowed for the independence and initiative of local authorities. However existing system state power, the leading role of the Communist Party did not allow any independence and initiative from below, but assumed strict subordination of the lower power to the higher.

In the system of Soviets, the higher ones managed the activities of the lower Soviets, the lower Soviets were obliged to execute the decisions of the higher Soviets, the same, in turn, could cancel the decisions of the lower Soviets that were contrary to the law.

Local Soviets had their own executive apparatus, the executive committees of local Soviets. The composition of the executive committees was elected and approved by the session of the local Soviets. The deputies were elected to the executive committees, to various permanent commissions of the Soviets, and also worked in their constituencies. At the sessions of the Soviets, the most important questions, reports on the work of the executive committees, departments of the executive committees, standing committees were heard.

An important feature organization and activities of the Soviets was the party leadership of them, the main directions of which included:

a) production political line and instructions on the main issues related to the implementation of party policy by the Soviets;

b) management of the formation of representative bodies, selection, placement, training and education of personnel working in the Soviets;

c) control over the activities of Soviet bodies for the implementation of party directives.

Local Soviets were also dependent on the executive and administrative bodies. Formally, the executive committees were accountable and controlled by the Soviets. However, the practice of Soviet work was such that the apparatus of the executive committees saw the deputies as their public assistants. This attitude was transferred both to the standing committees and to the Council as a whole. At the sessions, the optimal ways of solving problems were practically not chosen, but pre-prepared solutions were simply approved, to which no significant additions and amendments were made.

In the late 1980s, attempts were made to improve organizational structure Councils: Presidiums of local Soviets appeared, chairmen of the Soviets, who were supposed to carry out some functions that previously belonged to the executive committees (preparation of sessions of the Soviets, coordination of the work of the standing committees of the Soviets, study of deputies, etc.).

However, it turned out to be quite difficult to resolve the problems of the correlation of functions and powers of the presidiums of local Councils and executive committees in the changed conditions. political life countries. Protracted conflicts between presidiums and executive committees began in many local Soviets. In a number of cases, the Soviets began to liquidate the executive committees, delegating executive and administrative functions to the presidium of the Soviet.

The first practical step in the reform of state local government, introduction of a new approach to it for modern Russia, was the adoption on April 9, 1990 and the implementation of the Law of the USSR "On the general principles of local self-government and local economy in the USSR." This law determined the main directions of development of local authorities, the principles of their formation and activities as self-government bodies, self-organization of citizens. In accordance with this Law, the local Soviets as representative bodies of power were to become the main link in the system of local self-government. On their territory, the Soviets had the right to coordinate the activities of the entire system of local self-government. They formed their bodies, determined their powers in accordance with the laws, independently established their structure and staff.

This Law introduced the concept of "communal property". Communal property included property transferred free of charge by the USSR, Union and Autonomous Republics, and other entities, as well as property created or acquired by the local Soviet at the expense of its own funds.

During the reform of May 24, 1991, the concepts of “local self-government” and “bodies of territorial public self-government” were included not only in the articles devoted to local Councils, but also in the titles of the relevant sections (Section VII and Chapter 17)

With the reform of May 24, 1991, the executive committees of local Sonnets were replaced by the concept of “ local administration» . It was accountable to local Soviets and higher executive and administrative bodies. But the fundamental innovation was that the local administration was no longer an organ of the corresponding local Council, in contrast to the former executive committees, which, although they were actually independent from the Soviets, were legally considered their executive and administrative bodies.

The Law of the RSFSR “On Local Self-Government in the RSFSR”, adopted on July 6, 1991, included local administration in the system of local self-government and called local Soviets representative bodies of power without the word “state” (Article I, part 1).

The complete separation of state power and local self-government in the Russian Federation at the constitutional level was formalized during the constitutional reform on April 21, 1992 . According to Art. 85, government in the Russian Federation exists only at two levels - federal and subjects of the Russian Federation. As for the local Soviets of People's Deputies - district, city, district in cities, townships, rural areas - they are included in the system of local self-government.

The local Soviets, as organs of local self-government, failed to prove themselves very well.

Firstly, it took time for both the population and people's deputies to actively engage in initiative work to develop self-government.

Secondly, due to great inertia, they still sought to take on a lot executive bodies, heads of administrations, thereby restraining the activities of local self-government, with which, moreover, their relations did not always develop in the best way.

Thirdly, the executive power sought to weaken the Soviets and strengthen itself, to create its own clear vertical from top to bottom, a unified system of executive power, which was largely directed by the Decree of the President of the Russian Federation of August 22, 1991, immediately after the victory over the State Emergency Committee.

However, the local Soviets failed to become truly real local self-government bodies. In accordance with the Decree of the President of the Russian Federation of October 9, 1993 "On the reform of representative bodies of local self-government in the Russian Federation", the activities of district and city, settlement and rural Soviets of People's Deputies were terminated, and their functions were transferred to the relevant administrations.

The transitional period until the end of 1995 was characterized by the dominance of the executive branch. Only in some regions representative bodies of local self-government with very limited powers were elected under temporary provisions. Only after the adoption in 1995 of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" did the revival of local self-government in Russia begin. Local self-government bodies have been elected and are functioning almost everywhere. However, at that time the issue of forming the financial and economic basis of local governments was not resolved.

Thus, the first steps were taken towards the establishment in Russia of fundamentally new principles for the organization of governance at the local level, significantly different from those that were characteristic of the Soviet organization of power. At the same time, it should be recognized that an attempt to introduce local self-government through the adoption of federal and then Russian laws on local self-government, without essentially changing the previous system, did not produce the expected results.

Shumyankova N.V. municipal government. Tutorial. M. Exam. 2002 From 75.