Местное самоуправление и управление за рубежом (некоторые вопросы теории)

Abstract

The article "Local Self-government and Government Abroad (Some Theoretical Issues)" looks at various aspects of the activities of self-government and government bodies abroad. It presents the concept of local government and selfgovernment. Legal regulation of these activities is expounded and the structures and forms of these bodies are described. A detailed analysis is given to the constitution clauses of Italy, Japan, the Federal Republic of Germany and France, which are devoted to the regulation of the legal status of local self-government bodies. The role and significance of the European Chapter on Local Self-government of October 15, 1985 is stressed; it affected greatly the European countries and, particularly, the 'postcommunist' countries of Central and Eastern Europe. The article analyzes various systems and models of administrative-territorial division and the corresponding municipal organs. Thus, the 'five-element' French model is considered and other versions connected with it-'four-', 'three-element' etc. are also mentioned. The article expounds the forms of the work of these representative organs of local self-government on the main issues with which they deal (the local budget adoption, the executive bodies elections etc.). An important role in given in the article to the analysis of the municipal bodies' competence. This competence is divided into the primary and the secondary ones. The primary competence includes main local problems — the secondary education system, building planning, health care, town infrastructure maintenance etc. The secondary competence involves the implementation of the decisions of higher bodies. The total of these competencies determines the real weight and place of these local bodies in the state mechanism of a certain country. For the clearer presentation of competence a classification of the competencies of local bodies is given. The important question of the funding — the local bodies' expenditure — is touched upon and the main sources of these funds are indicated. The article explains the levers the central government has to influence the municipal bodies and the sanctions which this authority can impose on them in the case of conflict or disobedience. The ways of formation of the local executive bodies are also named.