With the adoption in 1993 of the new Constitution of the Russian Federation, which enshrined the right of the population to exercise local self-government, a real process of its reform began in the country. Now we can say with confidence that in its basic features this institution of democracy has been created in our country. At the federal level and practically in all constituent entities of the Federation, there is a legislative framework that establishes the status and legal regime of self-government. The territories of local communities have been determined, the system of municipalities has been clarified. The structuring of local self-government bodies has actually been completed
Table 2 - History of local self-government in Russia
| Time period | Characteristic | |
| Ancient Russia | The representative of the princely power was the so-called governor - the nurse. He collected taxes, made property transactions, secured the outcome of the trials that took place in his presence, but did little to deal with the welfare of the population in the entrusted territory. The lowest administrative unit was the volost, at the head of which was. Volosts consisted of peasant villages. | |
| Under Ivan the Terrible | "The Tsar's Sentence on Feeding and Services" (1555-1556). Feeding was canceled, which contributed to the widespread establishment of zemstvo authorities. In uyezds and volosts where there was no landlord's land ownership, black-wooded and palace peasants and townspeople received the right to choose "beloved heads" (elders) and " the best people"- zemstvo judges, kissing people. | |
| Under Catherine II | Continuation of Table 2 in 1775 was published "The institution for the management of the provinces of the Russian Empire." in 1785, the "Certificate of Merit for the Rights and Benefits of the Cities of the Russian Empire" of 1785 established the rights and privileges of cities. At the head of the province, a governor-general was appointed, endowed as a "sovereign governor" with very broad powers to oversee all local government and court. | |
| Under Alexander I | The supervision of the Governor-General, by virtue of the breadth of the powers conferred on him and their uncertainty, took on an eminently personal and autocratic character; after several attempts to reform this post, it was excluded in 1837 from the general provincial posts and left as an exception, in view of certain political conditions, only in the outskirts | |
| Under Alexander II | Zemskaya (1864) and city (1870) reforms. The general management of local economic affairs is entrusted to the elective zemstvo (uyezd and provincial) assembly and the city duma, the executive bodies of which are councils elected by the respective assembly or council. | |
| Under Alexander III and Nicholas II | The new City Regulation significantly narrowed the circle of persons eligible to vote: as a result, the number of voters decreased by 3-4 times. The most significant innovation was the subordination of the actions of self-government bodies to the control of the bureaucracy, not only from the point of view of the legality of these actions, but also from the point of view of their expediency. | |
| During the period of the provisional government | Self-government of zemstvos manifested itself in many aspects: in the election of governing bodies, in the formation of management structures, in determining the main directions of their activities, in the selection and training of specialists, in the formation and distribution of the local budget. | |
| During the Soviet period | After the October Revolution of 1917, a system of power took shape in the country, according to which all representative bodies (from top to bottom) were included in a single system of state power. This, naturally, changed the notions of local self-government as self-government of the population that existed before the revolution. | |
| Local self-government of modern post-reform Russia | With the adoption in 1993 of the new Constitution of the Russian Federation, which enshrined the right of the population to exercise local self-government, a real process of its reform began in the country. | |
Local self-government as an expression of the power of the people is one of the foundations of the constitutional order Russian Federation.
Local self-government ensures not only the independence of the population to resolve all issues of local importance, but also the organized separation of the management of local affairs in the system of government and society.
Not being part of the system of state bodies, local self-government bodies, like all local self-government as a whole, are not only a form of self-organization of the population to solve their problems. It is also a form of exercising public power, the power of the people. Local self-government creates conditions for bringing the authorities closer to the population, for a flexible local government system, well adapted to local characteristics. It promotes the development of initiative and initiative of citizens and, ultimately, the development of municipal democracy.
The principle of separation of powers Art. 10 of the Constitution of the Russian Federation is enshrined only in relation to state power, not a single federal legal act emphasizes the obligation of its implementation at the level of local self-government. This is not accidental, because:
a) the meaning of the principle is in creating a mechanism of checks and balances, preventing the concentration of power in one body (person) when making government decisions. At the local level, such a mechanism complicates the work and efficiency of local self-government, since there is a large proportion of operational decisions;
b) it is impossible to single out three branches of power at the local level in their pure form, judicial branch based on its own specific approaches;
c) the size of the territory and population of the municipality sometimes (in rural areas, suburban areas) dictate the inexpediency of creating independent branches of representative and executive power;
d) world practice (foreign and domestic) confirmed the possibility of concentrating representative and executive-administrative functions in one body at the local level, although it is unacceptable to use general approaches to preventing a possible monopoly of power.
To local authorities self-government includes: representative and other bodies of local self-government, formed in accordance with the charters of municipalities. The name, structure and procedure for the activities of local self-government bodies are determined by the charters of municipalities, federal legislation and the laws of the constituent entities of the Federation.
The legislation establishes the obligatory presence of an elective representative body local government and provides the opportunity to choose different organizational charts building bodies carrying out executive and administrative activities at the local level. The Law on General Principles of Organization of Local Self-Government does not contain the concept of “executive body of local self-government”. Persons holding positions in local government are municipal employees.
Legal regulation of the municipal service is carried out in accordance with the charter of the municipality and the Federal Law "On the foundations of municipal service in the Russian Federation" dated 01/08/1998 and the laws of the constituent entities of the Federation.
State bodies and bodies of local self-government are bodies through which the people realize their power in the state. Together with this it different shapes the exercise of popular power. Not being bodies of state power, bodies of local self-government carry out activities that are imperious in nature, since these bodies act as one of the forms of exercising the power of the people. Therefore, the decisions they make are binding, to the same extent as the decisions of state bodies, for all legal entities and individuals on the territory of a given municipality. Being relatively independent, local self-government bodies closely interact and are associated with state bodies.
At the same time, this legislation prohibits the interference of state bodies and their officials in the activities of local self-government bodies, in their formation, their substitution with the activities of state bodies and officials, restriction of the powers of local self-government bodies on the part of anyone.
A representative body of local self-government is an elected body of local self-government that has the right to represent the interests of the population and make decisions on its behalf that are in effect on the territory of the municipality. This concept is a special case of the concept of "local government". In this definition, it is necessary to note two fundamentally important provisions. First, the representative body of local self-government has the right to make decisions that have the status of decisions of the population of the municipality. This is indicated by the right of this local government to make decisions on its behalf. Secondly, the representative body of local self-government is a government body with universal competence, as indicated by the effect of its decisions on the territory of the municipality, that is, their obligatoryness for all legal entities and individuals without exception (including citizens who did not take part in elections or who voted against candidates elected to the representative body), state authorities and local self-government bodies, including their territorial divisions located in the given territory.
Representative bodies of local self-government are the duma, municipal assembly, municipal committee, council, etc., which are a collegial body of local self-government. They consist of deputies elected on the basis of universal, equal and direct suffrage by secret ballot and in accordance with the procedure established by the Law on the General Principles of Organization of Local Self-Government (Article 15).
The name, powers, structure, organizational forms of activity and the number of members of the representative body of local self-government are determined by the charter of the municipality.
The term of office of a deputy cannot be less than 2 years and not more than 5 years, which is determined by the charter of the municipality. The deputies exercise their powers on a voluntary basis or on a permanent basis from the moment of their election until the election of a new composition of deputies. From among its members, the deputies elect the chairman of the representative body of local self-government, which organizes the work of this body: convenes and conducts meetings, signs decisions of the representative body and exercises other powers in accordance with the charter of the municipality and the regulations of the representative body.
If the charter provides for the position of the head of a municipal formation, then he may be endowed with the right to be a member of the representative body of local self-government, to preside over its meetings. In such cases, the chairman of the representative body is not elected from among the deputies, and his functions are performed by the head of the municipality - an elected official.
The representative body shall form commissions, committees, and other bodies from among the deputies to prepare issues for consideration at a meeting of the representative body. Specialists (economists, sociologists, etc.) can be involved in the work of these structural bodies on a voluntary basis. The decisions of the committees and commissions taken on the issues of their conduct are of a recommendatory nature. Deputies of a representative body may unite into deputy groups (factions) according to party affiliation, political and other interests. Such groups are registered with the representative body. Deputies elected from adjacent territorial constituencies may unite in territorial deputy groups. These groups interact with enterprises, organizations, institutions, bodies of territorial public self-government located on their territory, study public opinion, receive voters, and participate in solving issues of improving the territory.
Legal, organizational, methodological, informational and material and technical support for the activities of a representative body is usually carried out through the apparatus of the executive and administrative body of local self-government. For the same purposes, a representative body, in accordance with the charter, can create its own apparatus.
The main form of activity of a representative body is a session (meeting), the frequency of convocation of which is determined in the charter of the municipality and the regulations of the representative body - as a rule, at least once a month, in accordance with the work plan of the representative body. In addition to scheduled meetings, extraordinary sessions (meetings) may be convened at the initiative of the head of the municipal formation or at the request of the deputies. For the powers of the session, the presence of two-thirds of the composition of the deputies is usually necessary, the specific number of deputies (quorum) is established by the charter of the municipality.
Deputies, as a rule, work on a non-permanent basis, but a representative body can decide on the work of all deputies on a permanent basis. Deputies working on a permanent basis from the local budget receive salaries, the amount of which is established by a decision of the representative body.
In accordance with the legislation, the deputy is established with the appropriate powers, guarantees and benefits, which are reflected in the charter of the municipality and decisions of the representative body of local self-government.
The empowerment of the responsible right to be the spokesman for the opinion of the population is accompanied by more stringent requirements for the procedure for the creation and implementation of the activities of a representative body in comparison with other local self-government bodies.
First, the representative body, according to this definition, must be elected without fail, that is, elected by citizens on the basis of universal suffrage. Secondly, a representative body can only be collegial.
The charter of a municipal formation may provide for the position of the head of the municipal formation - an elected official who heads the activities for the implementation of local self-government on the territory of the municipal formation. The head of the municipality is elected by citizens living in the territory of the municipality, on the basis of universal, equal and direct suffrage by secret ballot, or by a representative body of local self-government from among its members in the manner established by federal laws and laws of the constituent entities of the Russian Federation.
The head of the municipality is endowed with his own competence to resolve issues of local importance in accordance with the charter of the municipality. According to the charter of the municipality, the head of the municipality elected by the population may be vested with the right to be a member of the representative body of local self-government, to preside over meetings of the representative body of local self-government.
The head of the municipality is accountable to the population directly and to the representative body of local self-government.
The executive bodies of local self-government are: administrations of settlements, districts, cities, etc.
The administration carries out its activities in accordance with the Constitution of the Russian Federation, federal laws and other regulatory legal acts Russian Federation. The activities of the administrations are based on the principles:
Legality;
Independence in resolving issues within its competence; - publicity and taking into account the opinion of the population;
Responsibility for the decisions made;
Reporting and accountability.
Local self-government bodies also include:
Elected bodies formed in accordance with this Federal Law, laws of the constituent entities of the Russian Federation, charters of municipalities;
Other bodies formed in accordance with the charters of municipalities.
The presence of elected bodies of local self-government of municipalities is mandatory.
There is a list of issues attributed to the exclusive jurisdiction of the representative bodies of local self-government.
Figure 2 - List of issues attributed to the exclusive jurisdiction of the representative bodies of local self-government.
In the 1860-1870s, the tsarist government carried out a number of bourgeois reforms. The apparatus of power has undergone changes both at the center and at the local level. The governor remained the “master of the province”. He headed the provincial administration, a lot of power was concentrated in his hands. The governor was the chairman of the presences and committees, with the help of which he exercised control over the post-reform institutions. These included provincial presence on peasant affairs, provincial presence on city and provincial zemstvo affairs, provincial presence on factory affairs, provincial presence on military service, and others.
The need to fight the social movement forced the government to strengthen the power of the governor. He was given the right to audit all civilian institutions of the province, regardless of their departmental affiliation, to issue “binding decrees” prohibiting print media, assemblies, and check lists of candidates for magistrates. On August 14, 1881, the “Regulations on measures to preserve state order and public peace” were adopted. In accordance with it, on the ground, the Committee of Ministers could introduce enhanced or emergency protection for a period of up to three years. In such cases, the governor received great rights. He could close meetings, various institutions, subject to fines, arrests and deportation (by agreement with the Ministry of Internal Affairs) “suspicious persons”.
Saratov province the second half of the XIX centuries were headed by various people: both outstanding personalities and limited administrators. A sad memory of himself left in the province of A.D. Ignatiev, who ruled the province from July 28, 1854 to May 13, 1861. He patronized the feudal landlords, and corruption flourished under him.
From June 1861 to October 1862 the province was headed by E.I. Baranovsky, who made a lot of efforts to combat the abuses of landowners. As a result, he was dismissed, since, according to the Minister of Internal Affairs P.A. Valuev, “became impossible”.
His successor, Prince V.A. Shcherbatov, was the governor for six years (from May 1863 to May 1869). He contributed to the opening of the first private library, the newspaper "Saratov reference sheet" began to be published under him, a stone building of the theater was built. From October 1870 to April 1879, the province was ruled by a member of the State Council M.N. Galkin-Vrasky. On his initiative, an orphanage for juvenile offenders and a second orphanage, which bore his name, were opened in Saratov. He contributed to the creation of a collection on archeology and ethnography of the Saratov Volga region at the provincial statistical committee. Partly on his initiative, work began on the improvement of the city, and in the cities of the province, sanitary commissions were created to monitor the sanitary state of settlements.
In 1879-1881, the governor's office was held by F.I. Timiryazev, formerly vice-governor.
From 1881 to 1887 A.A. Zubov, who took part in the Russian-Turkish war of 1877-1878 as a commissioner of the Red Cross society, for which he was awarded several awards. He assisted in the creation in Saratov of the Saratov Scientific Archive Commission (SUAK), a military-sanitary society, supported the idea of opening almshouses for the elderly and infirm residents of Saratov.
In 1887-1891 A.I. Kosich. On his initiative, a program of medical and topographic studies of individual counties was developed. He was engaged in a personal audit of the institutions subordinate to him, expelling bribe-takers from the service. Particular importance was attached to charity and the improvement of the city. The government paid much attention to the reorganization of police institutions. In 1879, the city police department was established. Saratov was divided into 4 parts, 18 quarters and 30 districts, headed by private bailiffs, district and district overseers.
In the counties, in 1862, police departments were established, headed by police officers, who were appointed by the governor from the local nobility. Presences and committees acted in the counties under the chairmanship of the marshal of the nobility or the police chief. Rural gatherings elected sotsky and ten, who were subordinate to the police and were responsible for order in the area. Because of the "revolutionary ferment" to help the police officers, who headed individual parts of the counties - stans, the post of a police officer was established.
The changes also affected the political police. In 1867, a gendarme administration (SGJU) was established in the province. Gendarmes accompanied the convicts, pacified unrest, and fought the revolutionary movement. Since 1871, their main function has been the inquiry and investigation of political affairs. At the head of the SGJU was the chief, to whom the assistants in the counties were subordinate. In the 90s, in the provincial gendarme administration, a card index was opened for politically unreliable persons, which facilitated the fight against the social movement. Until 1892, the Saratov and Tambov branches of the Moscow GZHU operated on the railway, and then the Ryazan-Ural and later Tambov-Ural gendarme departments.
For the former landlord peasants, peasant estates were established. Even earlier, such appeared among state and appanage peasants. The peasants of one or several villages formed a rural society, which at its gatherings had the right to elect for three years rural officials (village headman, tax collector, sotsky, tenth) and solve economic issues (tax allocation, land redistribution). Several rural societies made up the volost, the administration of which was entrusted to the volost gathering, which consisted of rural and volost administrations and elected from every ten households. The assembly elected volost officials (volost foreman and volost judges). The foreman headed the volost board consisting of elders, tax collectors, a clerk, and performed police functions in the volost. The rural municipality court of 4-12 judges considered minor criminal cases and property disputes between peasants.
Supervision over peasant institutions was carried out first by conciliators, then by county offices for peasant affairs, and since 1889 by zemstvo chiefs. The counties were divided into 4-5 zemstvo plots each, headed by the zemstvo chief. He controlled peasant self-government, confirmed the verdicts of the volost court, and resolved land issues. The zemstvo chief could sentence to corporal punishment, subject him to arrest for up to three days and a fine of up to six rubles, cancel any decision of a village or volost gathering, and remove members of the communal peasant administration from office.
The self-government system extended to other estates as well. The nobility received this right back in 1785. Once every three years, the nobles of the province could convene a provincial noble assembly in the provincial town, and district noble assemblies in the uyezd ones. Owners of estates over the age of 25 had the right to vote in meetings. At these meetings, the provincial and district leaders of the nobility were elected and “general nobility needs and benefits.” Elections in the assemblies were carried out by ballot (black and white balloons). They were dropped by voters in different sections of the box, in accordance with the color of the balloons. The winner of the election was the one for whom more white balls were cast than black ones.
In all the cities of the province, the bourgeoisie made up the bourgeois society, which elected their own governing body - the bourgeois council consisting of the headman, two assistants and two members of the council. They were in charge of the distribution of duties, recruiting, issued passports to the bourgeoisie at the time of leaving the city.
The craftsmen of Saratov were divided into 10 workshops according to their professional characteristics. The guilds elected their boards headed by the shop foremen, and the foremen were part of the Saratov craft council, which was headed by the artisan head. The merchant society had its own headman and assistants.
An important place in the post-reform local institutions was occupied by all-estates representative bodies - zemstvo and city self-government. Elections to the zemstvo were held by curiae and on the basis of property qualifications. The first curia included owners of real estate or land in rural areas. The second curia was formed by the owners of urban establishments and other real estate, the third - by rural peasant societies. The curiae gathered district congresses, where vowels were elected to the district zemstvo assembly. Zemstvo bodies were divided into administrative - zemstvo assemblies and executive - zemstvo councils. The meetings decided economic issues, approved taxes, estimates, and elected councils. Zemstvo elections were held every three years. Representatives of county zemstvos made up the provincial zemstvo assembly. The zemstvos were involved in the construction and maintenance of local roads, hospitals, schools, charities, statistics collection, economic activities, insurance and other issues. In 1890, the representation of the nobility in the zemstvo was further increased to the detriment of other curiae.
The zemstvos of the Saratov province managed to do a lot. For a quarter of a century, about 400 schools were opened, although this was clearly not enough. Warehouses were opened teaching aids, school libraries, Sunday schools.
Zemstvos sought to improve the educational level of teachers. In 1875, a teachers' seminary was opened in Volsk. Zemstvo institutions took measures to combat smallpox epidemics, the mortality rate from the disease of which reached 40%, expanded the network of hospitals, and increased medical personnel. In 1889, 42 out of 74 hospitals in the province belonged to the zemstvo, and the number of beds in zemstvo hospitals was twice as large as in the rest. In some counties, peasants were provided with free medical care. In the cities, city dumas and councils operated, which were in charge of the improvement of cities, in charge of school, medical and charitable affairs, and trade. Vowels to the Duma were elected every four years from three curiae, each of which included large, medium and small taxpayers, respectively. The curiae had an equal number of vowels in the Duma. The Duma elected from among its members an executive body - the city council. The city mayor headed the council and the council.
In 1892, the tax qualification was replaced by a property qualification, which led to a decrease in the number of voters. The leading position in the city government of the province was occupied by the big bourgeoisie, the mayor was also a representative of the moneybags. Other institutions include a new judicial system. The analysis of minor cases was carried out in the magistrates' court. Justices of the peace were elected by zemstvo assemblies and city councils for three years. The next link was the district courts, where the jury determined the guilt or innocence of the accused, and the judges determined the punishment. The Court of Justice was established for several provinces. The scope of the Saratov Court Chamber included the Saratov, Astrakhan, Tambov, Penza and Orenburg provinces.
Activity educational institutions was put under the control of the inspector of the Kazan educational district. In 1868, the post of inspector of public schools in the Saratov province was established, and 5 years later, the post of director of public schools was additionally introduced.
In the 1980s, a factory inspection was introduced to oversee the implementation of factory legislation. At first, factories and factories of the province were subordinate to the Voronezh factory district, in 1894 the territory of the province was divided into two factory districts with their own inspectors.
These are the main changes in the structure of local institutions in the Saratov region that took place in the second half of the 19th century.
Materials used: - History of the Saratov region: From ancient times to 1917. Saratov: Region. Privolzh. publishing house "Children's Book", 2000. 416 p. - Essays on the history of the Saratov Volga region. Volume 1: From ancient times to the abolition of serfdom. Saratov: Publishing house Sarat. university, 1993
THEORY AND HISTORY OF LAW AND STATE
Zakharov Alexander Kamoevich
Post-graduate student of the Department of Constitutional and Municipal Law, Krasnodar University of the Ministry of Internal Affairs of Russia
(tel .: 89034515010)
Legal status bodies of city government in the Russian Empire after the reform period
annotation
The article provides a legal analysis of the first legislative act regulating local government during the reforms of Alexander II.
In article is conducted legal analysis of the first legislative act adjusted local management at period of the reforms Alexander II.
Key words: local government, city reform, City Council. Keywords: local home rule, town reform, Civil duma.
The most important milestone in the history of the development of local
self-government of Russia has become a city reform. On June 16, 1870, the City Regulation was approved. This was the first legislative act that clearly stated the independence of the actions of public self-government bodies. And although the term "self-government" has not yet been used, but in Article 5 of this provision it was established that the city public administration, within the limits of the authority granted to it, acts independently. The city position provided the city public administration with care for the city economy and improvement.
For this purpose, institutions of city public administration were created: city electoral meetings, city council, city government. All voters were divided into three categories (curiae) and were included in the general list in descending order of taxes and fees paid. Then the list was divided into three categories of voters, each of whom paid 1/3 of the total city fees. All ranks chose an equal number of vowels, which was a socially unequal principle and ensured the advantage of large taxpayers. So, in Moscow, one vowel was elected by 8 voters of the first category, 38 voters
the second category and 298 voters of the third category. Administrative functions were provided to the City Duma, while the Administration was an executive body acting within the framework assigned to it by the Duma. Members of the Council were elected by the Duma and did not need the approval of the administration, and could be removed from office and transferred to the court by a decision of the Duma. The mayor was also elected by the Duma, but was confirmed in office, depending on the rank of the city, either by the governor or by the minister of internal affairs. The mayor not only headed the city council, but was also the chairman of the city council.
It should be noted that city bodies of local self-government (as well as zemstvo bodies) were not included in the system of state institutions and were not formally subordinate to local government officials. However, the state apparatus, represented by the Minister of Internal Affairs and the governors, had sufficient powers to control and have a certain influence on their activities. In particular, a serious departure from the principle of independence of self-government bodies was the procedure for the approval of elected officials - chairmen of city councils by governors.
As noted above, city self-government institutions were in charge of exclusively
THEORY AND HISTORY OF LAW AND STATE affairs of local economy: improvement, maintenance of roads, public education, medicine, "care" for the development of trade and industry, public charity and others. City self-government bodies carried out their activities on the principle of self-financing, for which they were endowed with the right to establish local taxes. They independently decided on the selection and training of their employees, determined the management structure. At the same time, local government bodies experienced strong pressure from the state apparatus. Local and central authorities the state authorities sent various orders, circulars with the aim of limiting and constraining the independence of their activities. The all-estate representative institutions created in the course of the bourgeois reforms did little to change the established tradition, because their organizers divided the entire population into curiae and categories, which made it possible to plan in advance the number of electors and regulate their ratio.
But even in such a curtailed form, the new bodies of local self-government contributed to the formation of socio-political and cultural life Russia, helped the commercial and industrial development of Russian cities, gave rise to hopes in society for wider limits of independence and independence of public bodies from the administrative authorities.
However, these hopes were not destined to come true. After the assassination attempt on Emperor Alexander II, as a result of which, as is known, he was killed, an era of counter-reforms began, into the orbit of which local government bodies could not but be drawn, especially since the activities of local government bodies gradually began to acquire a political connotation. And if the first City Regulation was based on the concept of the so-called "social theory" (self-government is formed by the population itself and independently), then the City Regulation of 1892 is based on the idea of a "state theory" of self-government, which considers local government as the lower level of government, carried out by representatives of local communities. At the same time, a significant strengthening of the role of class principles in the activities of self-government bodies was envisaged.
townspeople. The tax qualification was replaced by a property qualification. The right to participate in city elections began to be used by: 1) owners or life-long owners of real estate located within the city and assessed for collection of a tax in favor of the city; 2) owners of commercial and industrial establishments. In other words, the new law proceeded from the fundamental principles of the new government course: to weaken the elective principle in the organization of public institutions, to limit their independence and independence from the administrative authorities, to strengthen the position of the nobility in public administration.
It was also embodied and directed towards weakening, as far as possible, the predominant significance of the representative principle, and to limit the principle of electiveness of public administration bodies. If, in accordance with Art. 39 of the Regulations as a result of the elections, the composition of the vowels was less than 2/3 staffed, then the powers of the vowels of the previous Duma were automatically extended for a new four-year term, and the positions of the head and members of the council were replaced "by the appointment of the government."
The possibility of appointment to leadership positions was provided for in the event of non-approval of the elected persons by the administration. In addition, it should be borne in mind that the mayor, temporarily replacing his place and the city secretary were listed as being in the public service. Thus, the position of the leadership of the public administration bodies, dependent on the administration, was strengthened. The independence of city dumas was actually reduced to nothing. If before the governor had the right to supervise only the illegality of the actions of city councils, that is, compliance with the formal requirements established by law, now it is also for their "correctness", which essentially meant the right of unlimited interference in the affairs of city public administration.
It is indicative that the wording included in the 1870 City Regulation that "the city public administration acts independently within the limits of the authority vested in it" (Article 5), no longer found a place in the new edition of the Regulation. Since the law proceeded from the principles underlying the newly approved reform on zemstvo institutions, the Ministry of Internal Affairs, which introduced the corresponding draft, considered itself guaranteed against serious criticism. However, in a number of fundamentally important issues
SOCIETY AND LAW 2011 № 4 (36)
the ministry proceeded along the line of a more significant infringement of the independence of urban self-government bodies in comparison with zemstvo institutions. So, if, according to the law on zemstvo institutions (Articles 87, 94), the governor was given the right only to stop the enforcement of the decisions of the zemstvo assembly, and their change or cancellation could only occur with the sanction of the State Council or the Committee of Ministers, then according to art. 69 of the City Statute, such powers were vested entirely in the Minister of the Interior. Moreover, the city public administration bodies were deprived of the opportunity to appeal against the actions of the administration, which belonged to them under the law of 1870. The same kind of deviation from the order adopted for zemstvo institutions was observed in the issue of appointing persons to leading positions in local public institutions by the administration. In accordance with the new zemstvo regulation (art. 419), in the event that the governor or the minister of internal affairs did not approve the persons elected by the chairpersons, as well as the members of the council, the zemstvo assembly was to hold new elections, and only upon repeated non-approval, these positions were replaced by persons
THEORY AND HISTORY OF LAW AND STATE appointed by the administrative authority. According to Art. 96 of the City Regulations, in the event of non-approval of the elected heads and members of the council, the governor could, at his discretion, either appoint new elections, or immediately replace these posts by appointment.
Thus, the government has taken measures to restrict access to power (in any form) of the poor and the poor. Counterreforms not only significantly curtailed the independence of local self-government, but also three to four times reduced the number of potential voters. As a result, the measures of the government, rightly designated in the literature as the period of counterreforms (1890-1892), threw the structure of local self-government in Russia far back.
Source: Electronic catalog of the branch department in the direction of "Jurisprudence"
(Faculty of Law Libraries) M. Gorky St. Petersburg State University
Asanov, R.F.
Municipal government in the post-reform period: Based on materials from Nizhny Novgorod: Abstract of a dissertation for the degree of candidate of legal sciences
GENERAL DESCRIPTION OF WORK
Relevance of the research topic due to a number of circumstances in the development of the modern Russian state and law.
The difficult search for the optimal reform of our society is not always accompanied by convincing examples and references to domestic historical experience. It seems to some that there is no special need for this, since other democratic states have already developed state and public institutions, the experience of which can be painlessly transferred to Russian soil. This is a dangerous delusion, to say the least, to say the least. Of course, the experience of foreign countries in building a rule-of-law state and civil society must be taken into account, but one must always remember that each nation has its own destiny and its own individual path of development. This fully applies to the reform of the bodies of urban self-government of the Russian Federation.
The study of the pre-revolutionary domestic experience of urban self-government is relevant at the present stage in connection with the adoption of1995 of the Federal Law "On the General Principles of Organization of Local Self-Government", which, along with the Constitution of 1993, constitutes the legal basis of the legislation of the constituent entities of the Russian Federation on local self-government.
Establishing the place and functions of self-government bodies, the Constitution (Article 131), the Federal Law "On Local Self-Government" (Article 2) call to carry out their activities in resolving issues of local importance, proceeding from the interests of the population, its historical traditions and other local customs. The President of the Russian Federation V.V. Putin, stressing that in the formation of local self-government, the federal
it would be useful for the ral legislators to "recall our own, still pre-revolutionary historical experience."
The study of domestic historical experience of the formation and functioning of local self-government institutions is determined by the need for a sequence of development (evolutionary) reform process. This should help to exclude legal, organizational and other phenomena that have not taken root or have been rejected by the historical practice of pre-revolutionary urban self-government bodies, which in turn will optimize the process of forming the institution of local self-government today.
The dissertation is supposed to consider theoretical, historical, legal and practical issues related to the prerequisites and characteristic features of transformations in the system of domestic local self-government. At the same time, the indicated issues will be considered in relation to the municipalities of Russia in general and to Nizhny Novgorod in particular, since this municipal formation had specific features inherent only to it.
In addition, the activities of the Nizhny Novgorod city government bodies to resolve issues of local importance, undoubtedly, significantly influenced the further development of education, culture, health care and the political and legal status of the city and its inhabitants.
The accumulated experience of the activities of self-government bodies in Nizhny Novgorod of the period under review is relevant and is of direct interest for the practical work of similar administrative structures in modern Russia.
In view of the above, we note that the rich experience of city self-government in Nizhny Novgorod in the second half of the 19th century is in due measure
turned out to be unclaimed, this greatly affects the relevance of the chosen topic.
Chronological scope of the thesis cover the period from 1870 to 1892. The first date is due to the beginning of the introduction of the City Regulation and subsequent steps to reform the city government. The second is the beginning of a pronounced crisis in the internal political system of the Russian autocracy and, as a result, counter-reforms, including those of municipal self-government.
The degree of scientific elaboration of the topic. Despite the fact that the institutions of self-government in modern Russia were introduced relatively recently, to date, a certain theoretical and practical material has been accumulated. Pre-revolutionary historians and legal scholars paid attention to this problem. So, the institute in question became the subject of research by such famous scientists as B.N. Chicherin, A. Lokhvitsky, G. I. Schreider, M.P. Semenov, D.D. Semenoz, A. Mikhailovsky, A. L. Baikov, V.I. Nemchinov, M. Slobozhanin, K.A. Pazhitnov, A.A. Kiesewetter.
During the formation of the young Soviet state, little attention was paid to issues of local self-government. This attitude towards this institution was due to the fact that the new socialist state system did not allow the existence of local self-government due to its uselessness and was considered as "the fifth wheel in
Important studies in the historical and legal science are works that analyze the genesis, stages of development, formation and functioning of the institution of local self-government.
The object of dissertation research is the totality of social relations of the formation, formation and functioning of the institute of urban self-government in Russia in the post-reform period (based on the materials of Nizhny Novgorod).
The subject of research acts as a regulatory framework that regulated the structure and functioning of city government bodies, as well as office documentation reflecting their practical activities.
Research goals and objectives... The purpose of the dissertation research is a comprehensive coverage of the legal status and practical activities of the city government of Nizhny Novgorod in the second half of the 19th century. This is determined by the need for an adapted practical knowledge of the experience of the forms of organization and activity of local self-government in the post-reform period from 1870 to 1892 in order to use all previous developments in relation to the conditions of modern Russian reality.
The set goal determined the achievement of the solution of the following tasks:
To study and summarize the available material on this topic, to research and comprehend in detail, taking into account the development trends of Russian urban self-government, domestic political and legal experience in this direction, to determine the degree and level of elaboration of the topic;
Analyze the current regulatory legal acts that regulated the activities of the city public administration bodies of the city of Nizhny Novgorod;
Consider the specifics of the power relationships between local self-government bodies of the city of Nizhny Novgorod and the authorities of the Nizhny Novgorod province;
To identify and evaluate the main trends in the development of urban self-government in the city of Nizhny Novgorod with its inherent features and characteristics;
To study and analyze the main aspects of the practical activities of the Nizhny Novgorod City Duma.
Methodological basis of dissertation research constitutes a dialectical-materialistic method of cognition of historical and legal reality, as well as general scientific (historical, logical, systemic-structural, functional, etc.) and specific scientific (formal-legal, comparative-legal, document analysis, etc.) methods based on it.
The theoretical basis of the research was formed by theoretical and legal, historical and legal, political and legal studies and publications of famous scientists: B.V. Ananich, V.K. Babaeva, V.M. Baranova, Yu.G. Galaya, V.V. Eremian, V.G. Ignatov, V.V. Lazareva, R.S. Mullukaeva, V.B. Romanovskaya, V.A. Kolstika, M.V. Fedorova, G.I. Schrader and others.
Source base of the study make up the Complete Collection of Laws of the Russian Empire, the Code of Laws of the Russian Empire, collections of legalizations and orders of the government, decisions of the Senate, the Constitution of the Russian Federation and federal laws.
The paper analyzes the office work materials of the city government bodies contained in the funds of the State Institution of the Central Archive of the Nizhny Novgorod Region (GU TSANO). The necessary material was studied according to published journals and minutes of meetings of the City Duma of Nizhny Novgorod, reports and reports of city councils and formed special and temporary commissions, lists of city voters, vowels and members of city government bodies.
Part of the materials that form the source base is periodicals. Problems related to city self-government are reflected in the articles of the magazines Vestnik Evropy, Russkaya Starina, Severnaya Pochta and other periodicals.
Scientific novelty... In this study, for the first time, materials are used and analyzed that make it possible to reveal the specific forms of organization and activity of city self-government in Nizhny Novgorod, which, together with other studies on the topic under consideration, can form a complete picture, taking into account regional characteristics, of a unified system of urban self-government existence. In this regard, the functioning of the city government of Nizhny Novgorod can be used in the activities of modern local government. For the first time in this kind of scientific research, the regulations of the City Duma and the City Government have been analyzed, and the normative and legal creativity of city government in a particular region has been revealed.
When studying the features of the system of urban self-government in Nizhny Novgorod, new archival materials were used and introduced into scientific circulation.
The following basic provisions are put forward for defense:
1. The form of local self-government in the second half of the 19th century was determined by its coexistence with public administration, in the relationship of which the state principle occupied a dominant position. This was largely due to the political regime of that time, the democratic foundations of which were still in the making.
2. Reforming local self-government at the legislative level was carried out taking into account the historical experience, the peculiarities of self-organization of society in different regions, the most optimal of which found support from the state. It also took place in line with
the creation of such self-government bodies that would be subordinate to the provincial authorities as a kind of supervising "sovereign's eye" at the regional level.
3. In the practical activities of the bodies of zemstvo and city self-government, some negative aspects have emerged: excessive fragmentation in the system of self-government; competition of powers of various bodies, in particular, on the issues of delimiting the subjects of jurisdiction; the problem of organizing such bodies on the ground due to the obvious limited financial and economic resources, which was fully reflected in Nizhny Novgorod.
4. The electoral system of city self-government, despite its progressive tendencies, had a number of negative factors: the legislator established an ethno-confessional qualification, which ensured the predominance of persons of the Orthodox Christian faith in the representative bodies of city self-government and the limitation of the representation of persons of other confessions (Jewish, Muslim, Lutheran, Armenian). Gregorian, etc.); the legislation created conditions for disproportionate representation of the urban population in city government bodies, where the prevalence was ensured to persons with a high level of economic well-being; in Nizhny Novgorod, as, indeed, in the whole country, there was a low legal culture of the subjects of electoral law, which gave rise to inertia in the implementation of this morality, and as a result people did not come to the polls.
5. Normative legal acts of municipal authorities in Russia in general and in Nizhny Novgorod in particular can be considered an effective toolkit for managing society: they were developed and adopted in a short time; took into account the peculiarities of the city, which in turn ensured the effectiveness of the mechanism for the implementation of the issued mandatory decree; generally reflected the interests of the local population.
6. The legislator, through the imposition of the obligation to adopt binding resolutions, determined and ensured the priority directions of the activities of the city government bodies. The procedure for the adoption and implementation of such normative legal acts of city government bodies took place under close administrative "tutelage". This was due to the fact that the authorities were interested in the continuous activity of the bodies in question on issues related to city government, and therefore legislatively consolidated such a supervisory "initiative".
7. In order to develop an optimal procedure for its work, the City Duma has developed its own regulations and instructions for the City Council, which were repeatedly revised and coordinated with the practical needs and characteristics of the Nizhny Novgorod municipal formation.
8. The newly introduced bodies of Nizhny Novgorod city self-government were characterized by active and progressive activity in the sphere of subjects of jurisdiction entrusted to them by the state, which favorably affected the development of Nizhny Novgorod as a complex metropolis due to the functioning of an annual international fair in it.
Theoretical and practical significance of the research... It seems that the conclusions of the study will be aimed at improving modern legislation and practical activities of local self-government bodies not only in Nizhny Novgorod, but also in other municipalities of Russia.
The practical significance of the research lies in the fact that the collected and generalized material can be used in the process of teaching the theory and history of law and state, municipal law, and other branch legal sciences.
The research results are used in teaching the course on the history of law and state of Russia at the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia.
Approbation of research results... The results of the dissertation research were discussed and approved at a meeting of the Department of State and Legal Disciplines of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia.
The materials of the dissertation research were tested in four publications; were reported at an interuniversity scientific conference (N. Novgorod: NF MIEMGT, 2002), at lectures and seminars on the courses "Theory of State and Law", "History of State and Law".
Dissertation structure determined by the goals and objectives of this study. The work consists of an introduction, two chapters, six paragraphs, conclusion, bibliography and sources.
In the introduction substantiates the relevance of the topic under study, indicates the degree of its development, determines the object, subject, goal of the dissertation research, formulates the main provisions for defense, indicates the methodological, theoretical and practical foundations, reveals the scientific novelty, theoretical and practical significance of the research, provides information on approbation results of work.
The first chapter "The Genesis of Local Self-Government Bodies, the Essence and Significance of the City Reform of 1870" includes two paragraphs.
First paragraph "Formation and developmentlocal government in Russia" is devoted to the emergence and evolution of city government and their relationship with government bodies.
The dissertation candidate draws attention to the fact that a number of urgent problems, determined by the ambiguity of the place of self-government in relations with public administration, are due to the ambiguous nature of the local
self-government and public administration. In this regard, in order to understand the nature of local self-government, the applicant, referring to national history, investigated the main stages of the centuries-old genesis of domestic local self-government. The author believes that in the relationship between public administration and local self-government, it is necessary to take into account the fact that during the formation of the state, the existing institutions of self-government become state institutions of government. A striking example of the hypertrophy of self-government before its transformation into independent state administration is, in our opinion, the oldest communal administration in Russia, which was associated with territorial division corresponding to the tribes inhabiting the territory of the ancient Russian state. The main units of territorial division then were cities with adjoining lands. They were a self-governing system of "city-states", where the management of affairs was carried out through the people's veche, the city assembly, at which meetings were discussed and resolved issues of local importance. Of course, their importance was also recognized by the princely rule. However, along with their more or less satisfactory resolution, the main emphasis of the princes' activities was inevitably placed on issues of citywide significance, which in the conditions of the polis system were not so much municipal as state, political in nature. City management was originally based on the military principle of organizing power, therefore, in the 9th century, most of it was held by military elders, military commanders of the main cities, tysyatsky, sotsky, etc. is the people who have delegated certain powers to the princely administration. The consequence of this was the displacement and assimilation of the decimal control system of the palace and patrimony.
In the XIV-XV centuries, during the formation of a unified statehood, the veche form of government is preserved, but it develops in new conditions. About-
The rejoicing single territory of the state included the regions of separate, once independent principalities and lands with peculiarities of national, geographical and cultural development, which led to the need to form a system of governance at the local level.
The ambiguity of the origin of the nature of local self-government and public administration determines the fact that today many of their features coincide. This reason also affects the fact that when studying the issues under consideration at various stages of development of public administration and local self-government, researchers often define local self-government as local government, but, in essence, it is not the same thing. This formulation is due to the fact that it is often not possible to clearly establish the nature of the state-legal phenomenon in the sense of referring it to exclusively state administration or self-government. It is necessary to distinguish between local government and local government. Local government is a broader formulation of the organization of public administration within the administrative-territorial framework, as indicated by the very formulation of the term "local". Within the framework of local government today, there are two forms of local organization of society, which is based on the nature of government and self-government: 1) local government and 2) local government.
The dissertation candidate notes that self-government in historical time existed as a combination of the principles of local government and self-government, as indicated by the considered forms of organization of local government.
By the middle of the 16th century, an estate-representative monarchy was formed in Russia, in which each subject belonged to a certain class. The beginnings of the formation of local self-government are under the influence of the estate factor, which supplanted the traditionally established universal nature of the management of a territorial entity. Relationships established within the framework of the regulation of rights, obligations and inter-
relations between class groups influenced the specifics of the emerging forms of local government, in which representatives of the privileged estates exercised executive and administrative functions and powers.
The administrative-territorial structure of Russia in the future consisted of counties, subdivided into camps and volosts. "Lands", which were not directly ruled by the prince or the princely administration, were headed by governors and volostels. This type of management is called the "feeding" system. At that time, elected representatives of the local population (elders, sotsky) of the corresponding territorial unit were also involved in management at the local level. The functions of the "elected" were reduced to the management of economic affairs, the performance of police functions, and some others.
We can observe the subsequent prerequisites for the evolution of local self-government in our state in the establishment of labial and zemstvo administration, which were opposed to the previous feeding system. Under Tsar Ivan IV, the realization came that for the local population the power of their elected people is preferable to officials appointed by the central authorities. During this period, broad powers were given to the elders, elected by the population. They mainly carried out the instructions of the central government, and local interests were relegated to the background.
By the end of the 16th - the beginning of the 17th century, an order-provincial administration was introduced, which was different from the existing palace and patrimony system. The strong state principle in the localities represented by the voivods also carried out a supervisory function in relation to the zemstvo and labial huts, which were finally formed at that time.
A new stage in the development of local self-government was the Peter's reforms of the beginning of the 18th century, addressed to the cities, removing them in 1699 from the power of the voivods and establishing an elective beginning. In some cities there were
burmister chambers and zemstvo huts were created. The inhabitants of the townships and settlements chose from their midst the mayors, who united in the mayor (zemstvo) huts.
In St. Petersburg, on the site of the Burmister Chamber, the Chief Magistrate was created, elected magistrates and town halls appeared. City magistrates were collegiate institutions consisting of presidents, two to four bailiffs and two to eight ratmans. The magistrates were in charge of the entire administration of the city.
In addition to the magistrate, the historically formed bodies of local government continued to function, and, in particular, the governing bodies of the city - gatherings, which gathered under the leadership of the townspeople elders, endowed with executive power.
During the reign of Catherine II, a number of normative acts appeared, in one way or another concerning local government: "Institutions for the administration of provinces" in 1775, according to which a new administrative-territorial division into provinces and counties was introduced in the country; "Charter for the rights, liberties and advantages of the noble nobility" of 1785, which established the personal and property rights and obligations of the nobles, for example, such as the right to form noble societies and assemblies; "Diploma for the rights and benefits of the cities of the Russian Empire", according to which urban inhabitants were united into a "city society", which in turn elected the mayor, mayor, mayors and ratmans as magistrates, as well as verbal court judges, assessors from the urban estate - in general and estate institutions. All of them were under the control of state
In the 40s. The 19th century saw changes in urban governance. The City Regulation adopted at that time provided for representatives of all classes living in the city to enter the city society. However, its effect extended only to St. Petersburg, Moscow and Odessa, and
the self-government bodies themselves were under the control of the administrative authority.
The peasant reform of 1861 preserved the self-government bodies created in 1837 for the state peasants, extending their activities to the entire rural society in the form of a gathering - the main unit of rural management. Several rural communities made up the parish. The bodies of the volost administration were: the volost gathering, the volost foreman, the volost administration and the volost court.
On January 1, 1864, Alexander II approved the "Regulations on provincial and district zemstvo institutions". The system of zemstvo institutions, in addition to electoral congresses, which elected once every three years zemstvo vowels, included provincial and uyezd zemstvo assemblies and provincial and uyezd zemstvo councils.
The dissertation candidate comes to the conclusion that for many centuries the problem of managing places, creating local government (self-government) bodies bordered on the need to solve the problems facing the state. V different time the subjects of jurisdiction and powers of local self-government bodies varied: from complete subordination to the central state administration to a significant measure of independence in the field of resolving issues of local importance. In many ways, of course, one cannot speak of the forms of local government we have considered as forms of local self-government in its classical understanding, but these bodies were the prototype of those forms of local self-government that we have today.
The second paragraph "City reform of 1870 in the context of the reforms of local self-government in Russia in the second half XIX century " is devoted to the study of the prerequisites, the implementation of urban reform and its distinctive features from other transformations in the field of local government of the specified period.
The author notes that the reform in the field of local self-government initiated by the government in the second half of the 19th century was carried out from the position of strengthening the position of autocracy and providing society with little independence in resolving issues of local importance, thus not provoking public interest in more radical reforms in the field of public administration. The implementation of reforms in the field of governance was also influenced by the factor of the vast territory of the Russian state, which became impossible to manage from only one "center". In addition, the central apparatus was no longer able to take into account all the needs of municipalities. As a result, there were problems in the management of localities. It seems that it was in the organization of another level of government - local self-government, and in particular urban, that the government saw a way out of this situation. City self-government had to effectively and rationally solve problems of local importance, since municipalities had their own resources (financial, economic, organizational, territorial, legal), which ensured stability and flexibility, and, accordingly, stability in cases of various kinds of crises.
The applicant notes that local self-government of the post-reform period was characterized by the formation of a number of relatively independent types of local self-government, the emergence of which was due to the administrative-territorial and corporate basis of the organization of self-government. But in the opinion of a number of scientists, there are "natural" and "artificial" administrative-territorial units.
Due to the fact that the basis for the organization of local self-government is precisely the administrative-territorial units, we can, in accordance with the delimitation of administrative-territorial units, divide into "natural" and "artificial" and local self-government. Designated criteria - administrative-territorial and corporate
Allow, in turn, to highlight the appropriate types and types of self-government: 1) natural forms of self-government: urban, rural; 2) artificial forms of self-government: volost, uyezd and provincial; 3) corporate forms of self-government: noble, fair, etc.
The dissertation candidate comes to the conclusion that in the second half of the 19th century, in the absence of direct and feedback links between urban and rural self-government and the absence of the same connections between individual natural administrative-territorial units, within which these forms of self-government are carried out, the zemstvo self-government acted as an integrating link in the representation interests of the entire population of the province. Thus, it turned out that the local population was represented by three forms of organization of local self-government: 1) zemstvo self-government; 2) urban and rural self-government; 3) corporate governance.
The applicant comes to the conclusion that the presence of numerous types of organizations of local self-government was due to the differentiation of society into estates that had been taking shape for centuries, as well as the administrative-territorial diversity of the division of the Russian Empire. The author also believes that the presence of such a number of forms of organization of local self-government was due to the fact that in this way the central government tried to find the most effective forms of organization of public self-government.
The second chapter "The system, formation and functioning of the city government bodies of Nizhny Novgorod" consists of four sections.
In the first paragraph "The electoral system of city government bodies of Nizhny Novgorod" the process of formation of the bodies of city self-government is traced, the city electoral system is considered.
Fundamental legal documents electoral system municipal authorities were the City Regulation of 1870, the Imperially approved opinions of the State Council, circular proposals of the Ministry of Internal Affairs, ministerial orders and instructions to the provincial authorities.
The author notes that in practice there were difficulties with the administration of the electoral system of city self-government. Attention is drawn to the fact that in Nizhny Novgorod real estate has already been subjected to a certain taxation in the city's income (land tax) and in this regard, the voter lists of the city were drawn up by the former Duma, diametrically opposed to the instructions of the law (Article 17 of the City Regulations).
The applicant, having studied the electoral system of city government bodies, draws attention to the fact that, in accordance with the principle of dividing city voters into three electoral assemblies, it turned out that representation in the Duma was not proportional. So, for example, in the City Duma of Nizhny Novgorod in 1870 there were 24 representatives of each of the categories. At the same time, the equal number of vowels for the curiae was not proportional to the electors electing their representatives. In fact, it was assumed that the second curia - people of average income - would "balance" between the first and the third, thereby balancing the number of representatives of citizens of all levels, electing vowels for one or another curia. In practice, it turned out that the representatives of the second curia were adjacent to the first. In Nizhny Novgorod, the vowels of the first two categories accounted for most of the total number of vowels, which corresponded to the situation typical for most of the cities of Russia.
The city regulation instigated the restriction of the representation in the thoughts of Jews and persons of non-Christian faith. Article 88 of the City Regulations stipulated that Jews can neither be elected to the City Heads, nor can they correct their office. Number of vowels Urban
Duma and members of the City Council from non-Christians should not exceed one third of its entire composition.
The dissertation author analyzes the legal status of a "candidate" elected to the vowels (deputies) as a kind of assistant and deputy. In the city government bodies of Nizhny Novgorod, the method of recruiting candidates for vowels in practice was not effective. For example, in one of the meetings of the City Duma the issue concerning the quantitative composition of the representative body was considered. There was a situation in which it could turn out that there would be no one to replace the vowels when there were no candidates. Such cases were not provided for in the City Regulations, and therefore they were conflicting and not permitted by the legislator. The Nizhny Novgorod vowels found a way out of the current situation in the recognition that they will carry out their functions in a "cut" composition of vowels until their number reaches the quorum specified in the law.
When analyzing the data reflecting the quality of education, financial and economic security of the vowels of the Nizhny Novgorod City Duma, the author comes to the conclusion that the representation in the Duma of Nizhny Novgorod did not differ from the general Russian situation resulting from the conditions fixed by the electoral system.
The dissertation candidate notes the low legal culture of Russians, which gave rise to inertia in the exercise of electoral rights - people simply did not attend the vote, which complicated the production of vowel elections. This was not avoided by the residents of Nizhny Novgorod, which is clearly illustrated by the statistical example of visits by the population of Nizhny Novgorod, who have the right to vote, to the elections of the City Duma members for the period from 1870 to 1892.
|
For what years was the City Duma formed |
The number of persons with electoral |
The number of people who used the right to vote |
|
The applicant notes that the electoral system, like the institution of urban self-government itself, was at the stage of formation, and therefore many provisions turned out to be imperfect, which can be regarded not as a malicious factor, but as a consequence of the legislator's efforts to regulate a new, not yet established form of public organization.
In the second paragraph "Normative legal acts of city government bodies" the nature of the normative legal acts of the city government bodies is considered and analyzed.
The author states that the city government bodies, introduced by the City Regulations of 1870, made decisions on issues within their competence, which were formalized in the documents of the established order. These included definitions, binding regulations, decrees, instructions.
The hierarchy of normative legal acts of municipal authorities was formed in such a way that an act of a higher legal level was definitions bodies of city government. These normative legal acts were acts of external action of city councils and extended to the territory of the entire municipality. Typically projects definitions were considered by the Minister of the Interior, the Minister of Finance and the Governor. In this regard, the dissertation candidate believes that definitions in the hierarchy of normative legal acts of urban self-government bodies had the highest level due to the fact that these acts were approved by higher state bodies and officials.
The next in terms of the strength of normative and legal significance were mandatory decrees and decrees. In the hierarchical ladder of normative legal acts of urban self-government bodies of the second half of the 19th century, these decisions were at the same level of legal
the level of the act and its legal force. However, we cannot put the sign of identity between binding regulations and regulations. The decrees were acts of external action and were applied to the territory of the entire municipality on the subjects of jurisdiction assigned by the legislation.
The legislator separately stipulated the powers of the City Duma to approve binding regulations. The dissertation candidate highlights the peculiarity of this type of normative legal act, which indicates that the legislator, determining the scope of cases on which mandatory decisions were made, imputed this activity to duty city dumas, in contrast to other cases in which the City Duma or the Administration had right make rulings. The peculiarity was also traced in the procedure for the adoption of these acts. By imputing the obligation of the legislator to adopt binding resolutions, the priority directions of the activities of the bodies of city self-government were determined and ensured. The necessity and importance of this is also emphasized by the fact that the draft of the binding decisions under consideration were previously brought to the attention of the head of the local police department, who made his conclusions on them. He himself could submit for consideration by the City Duma draft resolutions concerning the improvement of the city. Significance also manifested itself in a special mechanism for resolving disputes, on proposed binding regulations, between the public or police department. Mandatory decisions on the above issues were also considered by the governor, who, even if there was no reason to suspend the adopted decision, gave an order to publish the normative legal act in the provincial Gazette. If there was a circumstance that allowed the suspension of proceedings on the adopted act of the City Duma, the governor submitted the draft resolution for consideration by the Provincial Office for City Affairs.
The candidate for a degree, studying the procedure for the adoption and implementation of mandatory resolutions of the Nizhny Novgorod City Duma, made sure that this activity of the city government took place under close administrative "tutelage". At the same time, it was carried out not only from the point of view of control for the sake of control, but also for the continuous activity of the bodies under consideration on issues related to city self-government, and therefore legislatively consolidated a kind of "initiative".
The activity of the Nizhny Novgorod City Duma during the period from 1871 to 1892 shows that, in the main, obligatory decrees were adopted in the vital areas of the functioning of the urban organism: the procedure for the production of haulage; construction part rules; safety measures from pets; the procedure for maintaining streets, squares, pavements, sidewalks, sewers, ponds and wells; measures to maintain cleanliness in the premises for the sale of food supplies and ensure their harmlessness; fire precautions; opening and closing times of commercial and industrial establishments on Sundays and holidays; maintenance of lodging houses and apartments and much more. According to our calculations, about twenty such mandatory decrees were issued during the period under study.
The police were obliged to monitor the exact execution of orders, and for their violations, the perpetrators were punished under Art. 29 of the Charter on Punishments Imposed by Justices of the Peace. The initiation of prosecution was granted to the city public administration on the same grounds as to the administrative authorities.
The applicant notes that the Nizhny Novgorod City Duma did not always find a common language with the provincial government, which rejected its "lawmaking" and often without any explanation. For example, the Governor of Nizhny Novgorod P.I. Kutaisov rejected the mandatory resolution of the Duma "On Urban Improvement" of April 13, 1879. The vowels appealed this to the Senate, which decided the issue in favor of public administration,
noting that neither the governor nor the Provincial presence for city affairs "had the right to touch the essence of these decisions and modify these or other points at their discretion." And in the future, relations with the owner of the province regarding the Duma resolutions were not always cloudless. Nevertheless, the Nizhny Novgorod City Duma with pedantic regularity issued mandatory decrees every year (sometimes not even one at a time).
Normative and legal consolidation of the decisions of the Nizhny Novgorod City Duma in the form of instructions, as a rule, concerned the regulation of the activities of city administrations and executive commissions established in emergency cases or for the management of individual branches of the city economy and public administration, or appointed persons, that is, they were acts of internal actions.
The author comes to the conclusion that despite the fact that the city government bodies of the second half of the 19th century were not in a single chain of state bodies of the Russian Empire, nevertheless, the hierarchy of regulatory legal acts integrated the city government bodies into a single row with the state apparatus.
The dissertation candidate believes that the granting by the state of the authority to adopt normative legal acts by the bodies of city self-government has led to the promotion of the efficiency of management of society within the framework of the state as a whole and in its individual territories. It should be noted that such acts of municipal self-government bodies were in many ways an effective tool for managing society due to the fact that they were developed and adopted in a shorter time frame and reflected the interests of the prevailing population groups.
In the third paragraph "Regulations of the City Duma and the City Council of Nizhny Novgorod" the order of work of these organizations is analyzed
new local self-government, which, as the author notes, was directed, first of all, to proceedings on cases concerning the procedure for the formation and activities of city government bodies, in particular Nizhny Novgorod.
The dissertation candidate focuses on the fact that the regulations were and are today a clearly fixed legal algorithm of actions aimed at the effective formation and functioning of city government bodies. Studying the procedure for the activities of the newly introduced bodies of Nizhny Novgorod city self-government, the applicant comes to the conclusion that it was also carried out from the standpoint of a quality already familiar to us, predetermined by the state's supervision over the activities of self-governing units - control.
The author notes that the production of cases and the observance of order at meetings in the Duma took place in accordance with the City Regulations and the rules on the production of cases in zemstvo, noble and city public and estate meetings. In this regard, in Nizhny Novgorod, the issue of regulating the activities of the City Duma was first raised on April 23, 1871, when its members turned to the Provincial Zemstvo Council to deliver a copy of the rules. On April 30, 1871, with minor amendments, the Duma decided to ask the Mayor "to submit these rules in their final form for approval by the Duma at the next meeting."
Own rules on the procedure for meetings of the Nizhny Novgorod City Duma were approved by vowels on May 30, 1875, which differed little from those recorded in the corresponding government regulations.
In 1879, with the new composition of the Duma, the Rules on the procedure for meetings of the Nizhny Novgorod City Duma were again revised and adopted with minor changes. The changes affected, in particular, the reports, which were now to be printed "more seriously" and at the discretion
Governors. The changes were motivated by the fact that the Board published reports "without distinction and without exception", that is, serious and frivolous, "without bringing any significant benefit to the case in the latter case."
The applicant notes some negative phenomena that have manifested themselves in practice in the activities of the administrative body of the Nizhny Novgorod self-government. For example, non-compliance with regulatory norms entailed a slowdown in decision-making.
The Nizhny Novgorod vowels by the regulations fixed a special procedure for making decisions on the most important issues, that is, 2/3 of the votes of the total number of vowels. In essence, this position is basically objectively correct, but it was complicated by the fact that the number of vowels in the meeting did not correspond to the norm required for making such a decision. In this regard, the members of the Duma considered the issue of the need for a legislative initiative so that in the case of three times notification of the vowels about the time of the meeting, if a quorum is not gathered at the third meeting, "then should we petition by law for permission to resolve such issues by a meeting of vowels" according to the existing rules of the City Regulation.
The author believes that such a proposal of vowels would lead to the fact that only a small part of the vowels would be engaged in city affairs, and this could lead to unfavorable consequences for the city, for example, their lobbying of their interests.
The Duma fought with permanent success against the absence of vowels at its sessions. So, on July 2, 1871, St. Donskoy, considering the absence of colleagues at Duma meetings harmful, proposed adopting a resolution to deprive a negligent public official of his powers, replacing him with another person. The dissertation candidate notes that, despite the progressiveness of this proposal, the decisions of the City Duma itself were palliative and were often just another admonition.
Such half-measures reduced the efficiency of the Duma, whose sessions were often postponed due to the absence of vowels.
Deserving attention in the history of the activity of the Nizhny Novgorod Duma was the proposal of one of the vowels concerning the procedure for holding meetings. In particular, it was proposed to adopt the positive experience of other cities and introduce shorthand recording of the debates taking place in the session of the Duma, which should have contributed to even greater openness in the work of the city government.
The activities of the City Council were regulated by the City Regulations of 1870, instructions and decisions of the City Duma. The applicant notes that from the beginning of activity on January 16, 1871, the local City Duma established a special commission to develop instructions. The presented draft instruction, consisting of 28 paragraphs, after detailed discussion and amendments, was approved by the Duma on April 14 of the same year.
The instruction regulated the order of meetings of the Board, which was introduced in two ways: consultative, requiring a joint discussion of the members of the Presence, and executive, requiring the order of one person, that is, the Mayor. The document detailed the procedure for office work, regulated the formation and functioning of the office of the City Duma and the Council (in Nizhny Novgorod it was the same for the city government), set the time for calling electoral meetings.
Subsequent transformations in the field of regulating the activities of the Nizhny Novgorod Administration are associated with the activities of the new composition of the City Duma. On March 4, 1875, at a regular meeting of the Duma, the issue of revising the instructions of the Council was considered. The main motive was that the old instruction, when "the business of managing the city economy and landscaping was still new," fulfilled its functions, since it "in many ways and often turned out to be not quite feasible in practice and
therefore, it caused repeated changes, additions and clarifications in particulars. ”In this regard, a special commission of six vowels was formed to revise the instructions.
On the basis of the proposed material by the commission on May 30 of the same year, the vowels approve the Rules of General Office Work of the Board. One of the distinguishing characteristics of the rules of the instruction is that they were basically focused on the effectiveness of the activities of the Nizhny Novgorod Administration. So, it was specifically prescribed that "no official paper received by the Board should remain motionless in the office for more than three days and the same period in the presence."
In the next four years, the Nizhny Novgorod vowels again turned to changing the instructions of the Council. The dissertation candidate, without touching on all the nuances of the changes that had little effect on the order of the Board's work, only points out that now the time of its meeting was set from 10 to 15 hours. This change was caused by considerations of local conditions, when the business part of the public (commercial and industrial) has a need to contact the City Public Administration precisely at the proposed time interval.
In the fourth paragraph "Practical activities of the Nizhny Novgorod municipal authorities" their practical activities are considered with specific examples.
Before the introduction of the City Regulation in 1870, the improvement of Nizhny Novgorod took place according to the approved plan, prepared on the personal instructions of Nicholas I, given when visiting the city in 1834 and 1836. In accordance with the approved royal plan, the city subsequently developed over the course of forty years. For the implementation of measures for the improvement of the city, the emperor determined special funds. In particular, a ship dues were established in favor of the city income. However, the City Regulations of 1870 did not provide for the ship dues, and by the introduction
his this special source of income had to be abolished, but, nevertheless, in Nizhny Novgorod, he continued to exist along with other city taxes.
The city government of Nizhny Novgorod, in a series of issues of economic activity, assigned an important place to the construction of the city water supply system, the urgent need to resolve this issue was obvious in itself. During the period under review, the Duma developed and implemented this problem on December 14, 1880. The next water supply system was carried out in the Makaryevskaya (fair) part of the city in 1891.
The city government paid much attention to street lighting. In Nizhny Novgorod, by the time the new municipal authorities began to operate in 1871, there were 1,100 street lamps, and by the time the new City Regulation was introduced, by 1892 there were 2,563.
Squares and streets were brought to a ubiquitous structure, with the exception of the outskirts of the city. An interesting practice is the practice of the city self-government bodies of Nizhny Novgorod in attracting homeowners to the maintenance of the pavements and sidewalks located in front of their houses, that is, in fact, the bodies of city self-government imposed duty in kind. Thus, the bodies of the Nizhny Novgorod city self-government partly solved the problem of insufficient budget.
The applicant states that the work on the arrangement and maintenance of squares, pavements and streets, for example, in 1883, in relation to the general work carried out in Nizhny Novgorod, amounted to 21% of all costs incurred.
The Nizhny Novgorod city authorities assigned great importance to healthcare activities: the establishment of hospitals and charitable institutions, as well as measures to create and maintain sanitary-favorable living conditions for the urban population.
This activity should include the work of sanitary commissions established by the Nizhny Novgorod city government. So, 26 Jan-
cooking in 1879, due to the unsatisfactory sanitary state of the city, the city government of Nizhny Novgorod organized a special sanitary commission.
Before the introduction of the City Regulation, the city did not have its own medical institutions, and the population used hospitals belonging to the provincial zemstvo. There was one non-zemstvo outpatient hospital, arranged and maintained by the Society of Physicians. The hospital was subsequently transferred to the jurisdiction of the city and renamed to Aleksandrovskaya. Later, on August 26, 1886, the Babushkinskaya hospital was opened, named after the philanthropist D.N. Babushkina.
The initiative to carry out health care and charitable activities came from the residents of Nizhny Novgorod themselves. So, on June 1, 1884, the City Duma considered and approved the proposal of honorary citizens, merchants Blinovs and N.A. Bugrov, concerning the arrangement in Nizhny Novgorod at their own expense of the "Widow's House".
The deterioration in the health of the inhabitants was also due to hunger caused by periodic lean years. It is in such crisis situations that the newly introduced institute of urban self-government has shown itself on a positive side. This was reflected in his ability to make decisions on the adoption of stabilization measures and a way out of the crisis situation. So, during grain failures, when prices for grain products were growing, the Nizhny Novgorod City Duma resorted to measures to contain prices for the necessary product.
The Duma was actively involved in education issues, which at the first stages of its existence concerned the establishment of educational institutions, their maintenance and the payment of scholarships. For example, in Nizhny Novgorod by 1871 there were only five primary schools, and by the beginning of the 90s. there were twenty-three of them.
An important role in ensuring the cultural and educational process of Nizhny Novgorod was given to the City Public Library, which was opened in 1861 and in 1870 passed into the city's administration.
In general, the author characterizes the practical activities of the Nizhny Novgorod city government bodies as active and progressive. This was influenced by the provision of a greater degree of independence in resolving issues of local importance and the corresponding tools to ensure this activity.
In custody summarized the research results, presented the main conclusions and generalizations.
1. Asanov R.F. The emergence and development of municipal institutions in Russia: Lecture / A.N. Mironov, R.F. Asanov. - Ufa: Ufa Law Institute of the Ministry of Internal Affairs of Russia, 2001. - 20 p.
2. Asanov R.F. Urban self-government of Russia in the second half of the 19th century: some features of the legal regulation of organization and functioning // Problems of legal science in the research of doctoral students, adjuncts and applicants: Collection scientific papers... - N. Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2002. - Issue. 8. - Part 1. - S. 39-48.
3. Asanov R.F. Some issues of urban self-government in the post-reform period (based on the materials of the city regulations of 1870 and 1892) // Proceedings of the interuniversity scientific conference. - N. Novgorod: NF MIEMP, 2002. -S. 70-75.
4. Asanov R.F. Development of local self-government in Russia until the end of the 18th century // Modern problems of state and law: Collection of scientific papers. - N. Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2003. - Issue. 1.- S. 88-105.
Message President of the Russian Federation V.V. Putin to the Federal Assembly of the Russian Federation on April 18, 2002 "Russia needs to be strong and competitive" // Rossiyskaya Gazeta. 2002. -№71.
Cm.: Chicherin B.N. Several contemporary questions. - M., 1862; Lokhvitsky A. Province. Its zemstvo and government offices. - SPb., 1864. - Part 1; Shreider G.I. City and City Status 1870 // History of Russia in the XIX century. The era of reforms. - M, 2001; Semenov M.P. The liberation of the peasants during the reign of Emperor Alexander II. - SPb., 1896; Semenov D.D. City government. Essays and Experiments. - SPb., 1901; A. Reform of city government in Russia. - M., 1908; Baykov A.L. Inter-Authority and Power Relations in the Theory of Law: Experience of Theoretical and Cognitive Construction. - Yaroslavl, 1912; V.I. Nemchinov City government according to the current Russian legislation: City status on June 11, 1892. - M., 1912; Slobozhanin M. From the history and experience of the zemstvo institutions of Russia. - SPb., 1913; Pajitnov K.A. City and zemstvo self-government. - SPb., 1913; Kizevetter A.A. Local self-government in Russia in the 9th-19th centuries. Historical sketch. - 2nd ed. - Petrograd, 1917.
Cm.: Garmiza V.V. Preparation of the Zemstvo reform. - M., 1957; Nardova V.A. Urban government in Russia in the 60s - early 90s of the XIX century. - D., 1984; Ryndzyunsky N.G. Urban citizenship of post-reform Russia. - M, 1958.
Cm.: Vasiliev V.I. Local self-government: Educational and scientific-practical manual. -M, 1999; Galay Yu.G Mandatory decisions of pre-revolutionary city dumas: nature, types, efficiency // Norm-making of municipalities of Russia: Collection of articles / Ed. V.M. Baranova. - N. Novgorod, 2002; Lapteva L.E. Regional and local government in Russia: Second half of the 19th century. - M., 1998; G.V. Marchenko On the issue of the relationship between state power and local government in Russia // Local government: problems and solutions. - M., 1996; Menshikov V.V.
LEGAL STATUS OF URBAN SELF-GOVERNMENT BODIES IN THE RUSSIAN EMPIRE OF THE POST-REFORM PERIOD
A.K. Zakharov
The most important milestone in the history of the development of local self-government in Russia was the city reform. On June 16, 1870, the City Regulation was approved. This was the first legislative act that clearly stated the independence of the actions of public self-government bodies. And although the term "self-government" has not yet been used, but in Art. 5 of the said Regulation, it was established that the city public administration, within the limits of the authority vested in it, acts independently. The city position provided the city public administration with care for the city economy and improvement.
For this purpose, the institutions of city public administration were created: city electoral assemblies, city Duma, city government. All voters were divided into three categories (curiae) and were included in the general list in descending order of taxes and fees paid. Then the list was divided into three categories of voters, each of whom paid 1/3 of the total city fees. All ranks chose an equal number of vowels, which was a socially unequal principle and ensured the advantage of large taxpayers. So, in Moscow, one vowel was elected by 8 voters of the first category, 38 voters of the second category and 298 voters of the third category. Administrative functions were provided to the City Duma, while the Administration was an executive body acting within the framework assigned to it by the Duma. Members of the Council were elected by the Duma, did not need the approval of the administration and could be removed from office and transferred to the court by a resolution of the Duma. The mayor was also elected by the Duma, but was confirmed in office, depending on the rank of the city, either by the governor or by the minister of internal affairs. The mayor not only headed the city council, but also was the chairman of the city Duma.
It should be noted that city bodies of local self-government (as well as zemstvo bodies) were not included in the system of state institutions and were not formally subordinate to local government officials. However, the state apparatus, represented by the Minister of Internal Affairs and the governors, had sufficient powers to control and have a certain influence on their activities. In particular, a serious departure from the principle of independence of self-government bodies was the procedure for the approval of elected officials - chairmen of city councils by governors.
As noted above, city self-government institutions were in charge of exclusively local economic affairs: improvement, road maintenance, public education, medicine, "care" for the development of trade and industry, public charity and others. City self-government bodies carried out their activities on the principle of self-financing, for which they were endowed with the right to establish local taxes. They independently decided on the selection and training of their employees, determined the management structure. At the same time, local government bodies experienced strong pressure from the state apparatus. Local and central bodies of state power sent various orders and circulars to the zemstvos with the aim of limiting and restricting the independence of their activities. The all-estate representative institutions created in the course of the bourgeois reforms did little to change the established tradition, because their organizers divided the entire population into curiae and categories, which made it possible to plan in advance the number of electors and regulate their ratio.
But even in such a curtailed form, the new bodies of local self-government contributed to the formation of the socio-political and cultural life of Russia, helped the commercial and industrial development of Russian cities, gave rise to hopes in society for wider limits of independence and independence of public bodies from the administrative authorities.
However, these hopes were not destined to come true. After the assassination attempt on Emperor Alexander II, as a result of which, as you know, he was killed, an era of counterreforms began, into the orbit of which local government bodies could not but be drawn, especially since the activities of local government bodies gradually began to acquire a political connotation. And if the first City Regulation was based on the concept of the so-called social theory (self-government is formed by the population itself and independently), then the City Position of 1892 is based on the idea of a "state theory" of self-government, which considers local government as the lower level of government, carried out by representatives local communities. At the same time, a significant strengthening of the role of class principles in the activities of self-government bodies was envisaged.
The city regulation of June 11, 1892 significantly curtailed the electoral rights of the townspeople. The tax qualification was replaced by a property qualification. The right to participate in city elections began to be used by: 1) owners or life-long owners of real estate located within the city and assessed for collection of a tax in favor of the city; 2) owners of commercial and industrial establishments. In other words, the new law proceeded from the fundamental principles of the new government course: to weaken the elective principle in the organization of public institutions, to limit their independence and independence from the administrative authorities, to strengthen the position of the nobility in public administration.
It was also embodied and directed towards weakening, as far as possible, the predominant significance of the representative principle, and to limit the principle of electiveness of public administration bodies. If, in accordance with Art. 39 of the Regulations as a result of the elections, the composition of the vowels was less than 2/3 staffed, then the powers of the vowels of the previous Duma would be automatically extended for a new four-year term, and the positions of the head and members of the Council would be replaced "by appointment by the government."
The possibility of appointment to leadership positions was provided for in the event of non-approval of the elected persons by the administration. In addition, it should be borne in mind that the mayor, temporarily replacing his place and the city secretary were listed as being in the public service. Thus, the position of the leadership of the public administration bodies, dependent on the administration, was strengthened. The independence of city dumas was practically reduced to naught. If before the governor had the right to supervise only the illegality of the actions of city councils, i.e. for compliance with the formal requirements established by law, now - and for their "correctness", which, in essence, meant the right of unlimited interference in the affairs of city public administration.
It is indicative that the wording included in the 1870 City Regulation that "the city public administration acts independently within the limits of the authority vested in it" (Article 5), no longer found a place in the new edition of the Regulation. Since the law proceeded from the principles underlying the newly approved reform on zemstvo institutions, the Ministry of Internal Affairs, which introduced the corresponding draft, considered itself guaranteed against serious criticism. However, in a number of fundamentally important issues, the Ministry went along the line of a more significant infringement of the autonomy of urban self-government bodies in comparison with zemstvo institutions. So, if, according to the Law on Zemstvo Institutions (Articles 87, 94), the governor was given the right only to stop the enforcement of resolutions of the Zemsky Assembly, and their change or cancellation could only occur with the sanction of the State Council or the Committee of Ministers, then according to Art. 69 of the City Statute, such powers were vested entirely in the Minister of the Interior. Moreover, the city public administration bodies were deprived of the opportunity to appeal against the actions of the administration, which belonged to them under the Law of 1870. The same kind of deviation from the order adopted for zemstvo institutions was observed in the issue of appointing persons to leading positions in local public institutions by the administration. In accordance with the new Zemsky Regulations (Article 419), if the Governor or the Minister of Internal Affairs did not approve the persons elected by the chairpersons, as well as the members of the Council, the Zemsky Assembly had to hold new elections, and only upon repeated disapproval, these positions were replaced by persons appointed by the administrative authorities. According to Art. 96 City regulations in case of non-approval of the elected heads and members of the Council, the governor could, at his discretion, either appoint new elections, or immediately replace these posts by appointment.
Thus, the government has taken measures to restrict access to power (in any form) of the poor and the poor. Counterreforms not only significantly curtailed the independence of local self-government, but also three to four times reduced the number of potential voters. As a result, the government's measures, rightly designated in the literature as the period of counterreforms (1890 - 1892), threw the structure of local self-government in Russia far back.
Literature
1. City status of June 16, 1870 // PSZ-2. T. 15, no. 48498.
2. City status of June 11, 1892 // PSZ-3. T. 12.N. 8708.
Our company provides assistance in writing term papers and theses, as well as master's theses on the subject of Municipal Law, we invite you to use our services. All work is guaranteed.
