EntranceSpecific administrative-territorial and natural units. Administrative-territorial unit
administrative-territorial units
structural parts (elements) of the administrative-territorial structure. And those. do not have political independence and are in a certain subordination. In the Russian Federation, the most common types of A.-i.e. are: district, district in a city, city of district subordination, city of regional (territorial, etc.) subordination.
In order to optimally organize the implementation of decisions related to meeting the socio-cultural and everyday needs of citizens, protecting law and order and observing the rule of law, the territories of cities are, if necessary, divided into districts that are not independent administrative-territorial units.
The territory of the region is divided into the territories of districts and cities of regional subordination as administrative-territorial units.
The territory of the district is divided into the territories of village councils, urban-type settlements, cities of regional subordination, which are administrative-territorial units, as well as urban-type settlements and cities of regional subordination, which are territorial units.
The territories of settlements that are not administrative-territorial units, included together with other territories within the spatial boundaries of village councils, constitute their territory.
Types of administrative-territorial units of constituent entities of the Russian Federation. The reform of the administrative-territorial structure that took place in the constituent entities of the Russian Federation greatly diversified the types of administrative-territorial units. Along with traditional regions and cities, new types of them have appeared: administrative districts, counties, territorial units with a special status, etc.
Area. There is a distinction between rural and urban areas. A rural district is an administrative-territorial unit that is part of a republic, territory, region, autonomous district, autonomous region and is a complex multi-sectoral organism in which the leading place belongs to a certain type of production (usually agricultural, but sometimes another type, for example, forestry) . In addition, each district forms the basis for all types of socio-cultural services for the rural population. An urban district is an administrative-territorial unit
city, formed taking into account the historical, geographical, urban planning features of the relevant territories, population, socio-economic characteristics, location of transport communications, availability of engineering infrastructure, possibilities for resolving local issues in the interests of the urban population. Urban areas may include microdistricts.
A special type of district is represented by national districts, which can be formed on the territory of some constituent entities of the Russian Federation, where a numerically small group of representatives of a certain nation lives compactly. For example, German national districts were created in the Altai Territory and in the Omsk Region.
A city is an administrative-territorial unit where industrial enterprises, public utility enterprises and institutions, housing facilities, educational, cultural, scientific, medical and other institutions related to serving the population are concentrated. According to subordination, depending on the importance of the city, the size of its population, the level of its industrial and cultural development, development prospects and a number of other conditions, all cities are divided into the following types: cities of federal significance, cities of republican significance (republics within the Russian Federation); cities of regional, regional, district (autonomous okrug) significance; cities of regional significance.
An administrative district is an administrative-territorial unit of a city (Moscow) or region (Sverdlovsk region), formed for more efficient management of the relevant territories, coordination of the activities of the administration of urban or rural areas and cities, territorial services of sectoral administrations of these administrative-territorial units, control over proper execution of legal acts of the city or region.
A territorial unit with a special (special) status. The formation of such a unit is provided for, for example, in the Charter of the Arkhangelsk Region, the Charter (Basic Law) of the city of Moscow. As a rule, a territorial entity with a special (special) status is a historical and cultural, forest park, industrial zone, as well as territories used to provide urban or agricultural services, transport communications, energy and water supply to populated areas, areas of fairs, exhibitions and other.
A village council is an administrative-territorial unit that covers with its borders one rural settlement or several such settlements along with adjacent lands.
Possovet is an administrative-territorial unit, covering with its borders one urban-type settlement or several such settlements with adjacent rural settlements along with adjacent lands.
The Town Planning Code of the Russian Federation provides for the possibility of forming such administrative-territorial units as: county, rural district (volost). However, these administrative territorial entities are still rare. For example* one district - Krasnoturinsky - was formed in the Sverdlovsk region * and in the Pskov region volosts are called lower administrative-territorial units.
7. Types of municipalities in the Russian Federation.
In accordance with the Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” there are 5 types of municipalities in the Russian Federation:
§ rural settlement- one or more rural settlements united by a common territory (towns, villages, villages, hamlets, kishlaks, auls and other rural settlements), in which local self-government is exercised by the population directly and (or) through elected and other local government bodies; corresponds to village councils of Soviet times and volosts of the pre-Soviet period and in a number of modern regions, for example, in the regions of the Pskov region;
§ urban settlement- a city or town in which local self-government is exercised by the population directly and (or) through elected and other local government bodies;
§ municipal district- several settlements or settlements and inter-settlement territories, united by a common territory, within the boundaries of which local self-government is exercised in order to resolve issues of local importance of an inter-settlement nature by the population directly and (or) through elected and other local government bodies, which can exercise certain state powers delegated to the bodies local self-government by federal laws and laws of constituent entities of the Russian Federation;
§ urban district- an urban settlement that is not part of a municipal district and whose local government bodies exercise powers to resolve issues of local significance of the settlement and issues of local significance of the municipal district established by this Federal Law, and can also exercise certain state powers transferred to local government bodies by federal laws and laws of the constituent entities of the Russian Federation;
§ intracity territory of a federal city- part of the territory of a city of federal significance, within the boundaries of which local self-government is exercised by the population directly and (or) through elected and other local government bodies.
In connection with the ongoing municipal reform in Russia, a two-tier system of local government is emerging. Within the meaning of the legislation on local self-government, the territory of all subjects of the Russian Federation is divided into the territory of municipal districts and urban districts, and the territory of municipal districts is divided into the territory of urban and rural settlements, and inter-settlement territories can be formed in sparsely populated areas. There cannot be other municipalities in urban districts; such municipalities have been abolished since 2006. The territories of cities of federal significance are divided into the territories of intra-city territories (intra-city municipalities).
The territories of municipalities in most subjects of the Russian Federation coincide with the administrative-territorial division, while a city district corresponds to a city of republican, regional, regional, district significance, an urban settlement - a city or town of district significance, a rural settlement - a village council or a rural district, but in many regions there are differences.
In civil legal relations, municipalities act on an equal basis with other participants in civil legal relations - citizens, legal entities, as well as the Russian Federation and its subjects. Authorized local government bodies act on behalf of the municipality.
Number of municipalities in Russia
According to the Central Election Commission of the Russian Federation (as of May 26, 2005), 24,079 municipalities have been formed in the Russian Federation since 2006 (excluding the Chechen Republic, the Ingush Republic and the Vladimir Region), of which 19,769 are rural settlements, 1,773 urban settlements, 1,780 municipal districts, 521 city districts, 236 intra-city territories (125 in Moscow, 111 in St. Petersburg, in other cities intra-city territories have been abolished since 2006), but since that time transformations have occurred in many regions, and these indicators have changed.
According to Rosstat, as of January 1, 2010, there were a total of 23,907 municipalities in Russia. Among them :
§ 1829 municipal districts
§ 512 urban districts
§ 236 intracity territories of a federal city: 111 municipalities, cities and towns in St. Petersburg and 125 municipalities in Moscow
§ 1739 urban settlements
§ 19 591 rural settlement
8. Issues of local importance of various municipalities.
In accordance with the Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” issues of local significance are included.
A number of concepts that are close in meaning and significance help to describe the formal political structure of any country. This is an “administrative-territorial structure”, and an “administrative-territorial organization”, and an “administrative-territorial division” (ATD).
division of the country and how does it happen?
As a rule, ADT is a concept with a fairly broad semantic load. Administrative divisions can be understood as a map of a country consisting of its individual entities. The political-geographical plan of the state is the most common embodiment of the ADT, which, in addition, can be perceived as a process of directly dividing the country’s territory into separate units. The zoning procedure and the implementation of ATD are in many ways similar, but the main difference between them is that administrative-territorial units (ATE - the main element of the ATD structure) are established only by government agencies. The boundaries of each subject are fixed at the official level and confirmed by relevant regulations.
How are administrative-territorial units formed?
The administrative territorial unit in a country is most often considered a region. Meanwhile, the administrative-territorial division has a three-dimensional system that functions exclusively on a hierarchical principle. Like a “matryoshka”, the ATD system consists of several management levels. Each level has its own political and administrative structure.
The set of territorial units of the first, second, third order, etc., ordered by the ADT system, is characteristic of all modern states. The division into various levels at all times could be periodic, alternating with the degree of complexity and elaboration. A stable, permanent administrative-territorial division is a characteristic feature of only a modern state. Meanwhile, constancy can be considered the distribution of the country’s territories, practically without any remainder at the official level, into separate segments (regions) independent of each other. Power, as a rule, in each of them, most often personifies the state, but often each administrative territorial unit has the right of self-government or autonomy.
Historical influence on the formation of the ATD system
The division of the state into certain segments is a phenomenon that has quite ancient roots and a centuries-old history. The most striking example of ATD can be called the division into provinces of the Roman Empire. As for the period of feudalism, here, on the contrary, constant civil strife prevented the formation of permanent units. This model implied a characteristic division into cities, where feudal farmers ruled.
Being the ruler and owner of the lands in one person, a representative of the highest class automatically became the owner of the territories and manager of the ATE.
What influences the zoning of a state?
In contrast to the medieval structure of the state, today the system of administrative division is used by almost all modern developed powers. The transition from feudalism to centralized power became a clear requirement for a radical revision of the methods of defining territories.
The status of administrative-territorial units is largely determined by the characteristics of the regional structure. Since this system, as already mentioned, is formed over a long time and is a consequence of complex evolutionary processes, an administrative territorial unit can be formed by superimposing gradations of different origins on each other.
In particular, in Russia, each regional district is a combination of structures:
- ethnocultural;
- historical;
- socio-political;
- economic;
- natural-geographical.
Ethnicity as one of the factors in the formation of territorial boundaries of regions
For the formation of a system in the form of a separate ATD unit, ethnocultural factors play an important role. On the territory of the Russian state, this principle was one of the fundamental ones. A characteristic feature of the formation of ethnocultural regions is that they are formed independently of the will of the sovereign leaders and their desires. Each link in the ATD system, based on this principle, has an identity, representing a clearly expressed cell of the regional structure.
However, not wanting the emergence of separatist sentiments and at the same time not fulfilling the requirements, a state with a multinational population often limits itself from such problems by establishing the area of residence of a specific ethnic circle of citizens.
Another reason for the formation of regions with a population of a certain nationality can be called the impossibility of establishing a clear boundary separating certain areas of residence of ethnic groups.
How has history influenced the definition of individual ATEs?
The next prerequisite for the formation of territorial units is administrative division based on historical factors. Within one state, regions are often formed several centuries ago, preserving which the residents and authorities of the state, as it were, pay tribute to national traditions. It is not difficult to guess what a territorial administrative unit is called, the territories of which are clearly defined due to the development of stable structures. Such areas are called historical. It is believed that an administrative-territorial unit of a state can bear this name if its borders have remained unchanged for about the last 2-3 centuries.
It is worth noting that the factors of the historical relationship of specific geographical areas in the implementation of ADT are not difficult to trace in the Old World. And if the borders of countries of the medieval era may not have remained static, the structures of individual regions remained stable, passing to other rulers in their original form. Modern Europe, according to most historians, was founded from compact segments defined by specific territorial cells even under feudal rule.
Other factors of the administrative-territorial division of the country
Socio-political and economic factors influence the territorial structure of the country no less than the above reasons. The principles of settlement are based on the so-called hub areas. A large administrative-territorial unit has always been an area of primary attraction for the country's residents. The “center-periphery” system is formed, as a rule, based on the geographical orientation of settlements and the stable relationship between other key areas.
Factors of a demographic nature, which are the socio-political and economic principles of ATD, are easy to notice when forming regions in states with a less pronounced ethnocultural and historical structure. Most often, such countries are young unitary powers. Examples of such states can be the countries of Central-Eastern Europe.
An administrative territorial unit can be formed as a result of the influence of natural geographical objects on the ADT process. For example, island or mountainous regions of states can be a striking example.
Features of the administrative-territorial structure in Russia
The ATD of the Russian Federation is the most important component of the country's regional organization. The entire system of government administration, distribution and placement of government bodies, self-government structures and public associations is based on political-administrative division. Today, the territorial structure of Russia is largely determined by the boundless expanses of the state, as well as the widest variety of all factors influencing the formation of ATE: demographic, economic, natural, ethnocultural.
Principles of territorial division in Russia
The administrative-territorial units of Russia fully comply with the federal state structure. In addition, ATD in the Russian Federation is carried out in one more direction - municipal.
In addition to the administrative-territorial division necessary for the orderly implementation of the functions of government authorities, the country's zoning system implies division into segments for the convenient implementation of local self-government.
Specifics of ATD in some regions and the capital
In Russia, these approaches to the relationship between administrative division and distribution of municipalities can be expressed:
- By combining two methods of regional formation (it is assumed that the boundaries of municipalities will coincide with the boundaries of administrative districts). For example, according to this scheme, the ATD in the Chelyabinsk region was determined.
- Complete legal discrepancy between two types of methods of territorial division (the boundaries of municipalities and administrative units may change). For example, in the Sverdlovsk region, ADT was produced according to this principle.
In addition to these options for dividing territories, separate additional levels may be provided in certain constituent entities of the Russian Federation. In particular, the capital of the Russian state is divided by the method of municipal definition of districts (146 intra-city territories and 12 administrative districts.
Issues of constitutional law
administrative-territorial units in the system of public-territorial entities of Russia: theory, legal regulation and practice
© Damdinov B. D., 2014
Irkutsk State University, Irkutsk
The article is devoted to the legal characteristics of administrative-territorial units against the background of other intrastate public-territorial entities, and to the analysis of the place of administrative-territorial units in the territorial organization of public authorities in Russia.
Key words: territorial structure; federal structure; administrative-territorial structure; public territorial entity; subject of the federation; autonomous territorial entity; administrative-territorial unit; municipality.
1. Administrative-territorial units (entities) are characterized among public-territorial entities by the least degree of independence, and often by its absence. A comparative analysis of the practice of foreign countries allows us to identify the following typical features of administrative-territorial units: 1) they are subdivisions of the territory of a unitary state, 2) they do not have political independence, 3) their legal status is determined by the central government (central authorities and management).
In relation to the conditions of the Russian Federation, a definition of an administrative-territorial unit is formulated, which is considered as part of “the territory of a subject of the Federation with established borders, having its own name, a permanent center, characterized by unity, continuity, including, as a rule, one or more settlements, allocated for the purpose of comprehensive solution of state and local problems necessary to ensure the livelihoods of the local population."
Among the features of an administrative-territorial unit as a territorial subdivision of a subject of the Federation
The following characteristics are distinguished: 1) it is part of the territory of a subject of the Federation within fixed boundaries; 2) it can consist of one or several settlements with adjacent lands; 3) it must have its own name; 4) in this territory the presence of a public authority is assumed (if an administrative-territorial unit is used to exercise the right to local self-government, a local government body must be formed, and in the case of territorial public administration in this space, the necessary element is a structural subdivision of the public authority of the subject Federation); 5) the appropriate status of this territorial unit, for example, city, district, rural district, etc., must be normatively established.
It should be noted that characteristics 1 to 3 can be attributed to any public territorial entities, and not just to administrative territorial units. The presence of a public authority is typical not only for administrative-territorial units, but also for special territorial formations (units). In this regard, we can partially agree with the following approximate
characteristics of an administrative-territorial unit:
1. This is a territorial unit of a unitary state or a subject of a federation, formed for the exercise of public power by bodies of at least two of its branches.
2. The territory and legal status of an administrative-territorial unit are established by regulatory legal acts of a higher level of territorial structure, defining the sphere of competence of public authorities of different branches, but at the same level of its implementation.
3. The system of government bodies operating on the territory of an administrative-territorial unit acts as an “agent” of the central (in federal states - regional) authorities on issues of exercising state power, while simultaneously acting in the interests of the community (communities) living in this territory. Even if we are talking about local government bodies, separated from the system of state authorities, when exercising state powers they act as “agents” of a higher level.
4. An administrative-territorial unit, even if it has a minimum of self-government rights, is part of the political-territorial structure of the state (either as the territorial basis of regional self-government of a territorial community, or as the basis of the territorial organization of local self-government).
Features 2 and 4 mention the status and rights of self-government of an administrative-territorial unit, which in the conditions of the Russian Federation raises certain doubts, which we will discuss in more detail below.
In the practice of the constituent entities of the Russian Federation, when defining the concept of an administrative-territorial unit in their legislation, several approaches have been developed. The systematic approach assumes that an administrative-territorial unit is a structural part of the territory of a subject within clear boundaries or a part of the territory of a subject, which is one or more settlements formed as a result of the administrative-territorial division of the subject. In accordance with the formal legal approach of the administrative
A strata-territorial unit refers to one of the types of administrative-territorial units, has a status, name, clearly defined boundaries and an administrative center established by a legal act. From the standpoint of the functional approach, the territorial unit of a subject serves as the territorial basis for the creation and (or) activities of public authorities, determining the territorial limits of the competence of public authorities and places of permanent or primary residence of people. In the legislation of a number of constituent entities of the Russian Federation, the above approaches are taken together and are considered as components of the concept of “administrative-territorial unit of the subject.” Within the framework of this integrative approach, an administrative-territorial unit is defined “as a structural element of the administrative-territorial structure, formed as a result of the territorial division of the subject, having in the prescribed manner a legal status, name, clearly defined boundaries, an administrative center and serving as the territorial basis for the creation and functioning of bodies state power, determining the territorial limits of their competence."
2. Administrative-territorial units in the Soviet period were the limit of jurisdiction of local government authorities, then in 1990, as a result of changes in the Soviet Union and Russian legislation on local self-government, administrative-territorial units of the district and settlement levels became the limits of the territorial jurisdiction of local authorities self-government.
The formation of legislation on local self-government after the adoption of the Russian Constitution of 1993 led to an aggravation of the issue of the relationship between the administrative-territorial structure and the territorial foundations of local self-government. Thus, in accordance with the Federal Law of August 28, 1995 “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” issues of the territorial organization of local self-government were assigned to the competence of the constituent entities of the Russian Federation. When solving the problem that has arisen,
problems of the relationship between the administrative-territorial structure, which is also within the sphere of authority of the constituent entities of the Russian Federation, and the territorial foundations of local self-government, the constituent entities of the Russian Federation have enshrined in their legislation different models of this relationship.
According to the first model, in the legislation of the constituent entities of the Russian Federation, the administrative-territorial structure and the territorial foundations of local self-government were considered as identical concepts. Within the framework of this model, a sign of an administrative-territorial unit was the presence of local government bodies. According to the second model, the administrative-territorial structure and the municipal-territorial structure were separated normatively and territorially. Within the framework of the third model, the concepts of administrative-territorial structure and territorial foundations of local self-government were normatively separated, but the territorial boundaries of administrative-territorial units and municipalities coincided.
The Federal Law of October 6, 2003, “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” which entered into force, changed the situation with the relationship between the administrative-territorial structure and the territorial foundations of local self-government. All issues of the territorial foundations of local self-government are now regulated in federal law, i.e., the subjects of the Federation are actually deprived of regulatory powers in this area.
In the current situation, after bringing the legislation of the constituent entities of the Russian Federation into compliance with federal law, the previous models of the relationship between the administrative-territorial structure and the territorial foundations of local self-government began to look like this. The laws of the first group of subjects of the Federation establish that the administrative-territorial structure serves to streamline both state power and local self-government, or streamline the work of public authorities (without defining its level) or authorities in general (without specifying which authority). Laws of the second group of subjects of the Russian Federation
generally do not connect the existence of an administrative-territorial structure with the activities of any public authorities. In the laws of these subjects, the administrative-territorial structure is considered as a set or system of administrative-territorial units that make up the corresponding subjects of the Federation. In the laws of the third group of subjects of the Russian Federation, the administrative-territorial structure is, in fact, identified with the territorial organization of local self-government and is considered as a division of the territory of the subject of the Federation into municipalities. In a small fourth group of subjects of the Russian Federation, the administrative-territorial structure is understood as the organization of the territory to ensure the functioning of state power (exercise of public administration) of the subject of the Federation.
It should be noted here that issues of the administrative-territorial structure of the constituent entities of the Russian Federation are within their jurisdiction (clause 4 of the Resolution of the Constitutional Court of the Russian Federation of January 24, 1997 No. 1-P, sub-clause “l”, clause 2 of article 5 of the Federal Law “ On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" dated October 6, 1999 No. 184-FZ). Based on its own position regarding the attribution of issues of administrative-territorial structure to the exclusive competence of the subjects of the Russian Federation, the Constitutional Court emphasized that “although the issues of the territorial foundations of local self-government, the formation of municipalities and the administrative-territorial structure of the subject of the Russian Federation are interconnected, each of them has independent significance, has its own legal content and relates to different areas of jurisdiction: the first - to the joint jurisdiction of the Russian Federation and its subjects, the second - to the exclusive jurisdiction of the subject of the Russian Federation."
There is a different legal nature of the administrative-territorial structure and territorial foundations of local self-government, due to different
spheres of jurisdiction, different levels of public authority and, accordingly, different functional purposes.
Supporters of the identification of the administrative-territorial structure and the territorial foundations of local self-government point out that in the conditions of the existence of a two-level system of local self-government, the possibility of delegating certain state powers to municipal districts and city districts and the limited number of powers of the subjects of the Federation, which involves the creation of their territorial bodies on the ground, practical there is no meaning in the legal separation of the above categories.
It seems that the above identification is situational and does not take into account the fundamental differences between different levels of public authority. Thus, the number, volume and nature of the powers of the constituent entities of the Russian Federation, which imply the establishment of their territorial authorities, are not a constant value. These powers can either decrease or increase, both due to a new redistribution of powers in the sphere of joint jurisdiction between the Russian Federation and its constituent entities, and through the transfer of certain powers related to issues of local importance to the competence of the constituent entities of the Russian Federation. We should not forget about the possibility of delegation of federal powers, the implementation of which may also require the establishment of territorial authorities of the constituent entities of the Russian Federation. Based on this, it can be argued that the territorial bodies of the subjects of the Federation exercise power within administrative-territorial units, and not municipalities.
On the other hand, there is no reason to deny the relationship between the administrative-territorial structure and the territorial foundations of local self-government and, consequently, administrative-territorial units and municipalities. As the Constitutional Court pointed out, “in the legal sense, the territory determines, first of all, the limits of the distribution of power of various levels and nature. On the same territory there are federal
power, the power of the subjects of the Russian Federation, the power of local self-government at several levels, which, accordingly, determines the delimitation of their powers.”
Accordingly, the functional administrative-territorial structure serves to streamline both state power and local self-government, while the normative administrative-territorial structure and territorial foundations of local self-government are differentiated, however, the territorial boundaries of administrative-territorial units and municipalities may or may not coincide depending on their level.
3. Classification of administrative-territorial units, as well as other public-territorial entities, is possible according to the principle of formation, when these units are divided into territorial and national. It seems that administrative-territorial units, by definition, are territorial entities of this kind, and national administrative-territorial units are rather an exception to the general rule, when their establishment is primarily determined not by considerations of the efficiency of public administration, but by the special national composition of the population of these units. At the moment, it is possible to talk about the existence of national administrative-territorial entities in the constituent entities of the Russian Federation with some stretch, since such a practice is very few and controversial, although in the Soviet period such a practice was widespread.
From the point of view of the order of legal regulation, it is possible to distinguish administrative-territorial units regulated in the usual manner in the legislation of the constituent entities of the Russian Federation and regulated in a special manner, either only in federal legislation, or when some of the issues are regulated in federal legislation, and some in the legislation of the constituent entities of the Federation . The latter include administrative-territorial units with a special status, the legal regulation of which is carried out by federal constitutional laws on the formation of new subjects of the Russian Federation, and in which
In addition to federal legislation, the charters of the subjects of the Federation and their laws are indicated as sources of regulation of special status.
We can include closed administrative-territorial entities as administrative-territorial units regulated in a special manner, only in federal legislation.
In accordance with paragraph 1 of Art. 1 of the Law of the Russian Federation of July 14, 1992 No. 3297-1 “On a closed administrative-territorial entity”, a closed administrative-territorial entity (CATE) is defined as “an administrative-territorial entity with local government bodies, created in the manner provided for in Article 2 of this Law, in order to ensure the safe functioning of organizations located on its territory that carry out the development, production, storage and disposal of weapons of mass destruction, processing of radioactive and other materials of an increased danger of a man-made nature, military and other objects (hereinafter referred to as organizations and (or) objects) , for which, in order to ensure the defense of the country and the security of the state, a special regime for the safe functioning and protection of state secrets is established, including special living conditions for citizens.” It is further stated that “the entire territory of a closed administrative-territorial entity is the territory of a municipal entity with the status of an urban district. The territory and boundaries of a closed administrative-territorial entity are determined based on the special regime for the safe functioning of organizations and (or) facilities, as well as taking into account the needs of the development of populated areas.”
The key category, in our opinion, here is the “regime” category, which determines the territorial limits of the ZATO, and the mandatory establishment within its boundaries of a municipal entity with the status of an urban district is an element of the special regime of the ZATO.
As we have already indicated, if within the administrative-territorial units there are government bodies formed by higher authorities, then such administrative-territorial units
there is no legal personality and, therefore, no legal status. Administrative-territorial units within the framework of our study are characterized, from a theoretical point of view, by the lack of status, in contrast to universal territorial units, and the presence of universal competence of the body (bodies) of administrative-territorial units, in contrast to special territorial units, which puts administrative territorial units into an intermediate position between universal and special units. At the same time, remaining in any case a territorial entity (unit), the administrative-territorial unit continues to perform the main function of any territorial unit - to be the limit of the spread of public power. In the conditions of the existing system of public power in the Russian Federation, administrative-territorial units as an element of the administrative-territorial structure of the constituent entities of the Russian Federation are the territorial basis for the functioning of the state power of the constituent entity of the Russian Federation and the authorities of municipal entities, in the case of the establishment of a municipal entity within the boundaries of the corresponding administrative-territorial units. According to existing legislation, within the boundaries of the relevant administrative-territorial units, for the implementation of state power of a constituent entity of the Russian Federation, territorial bodies of executive bodies of state power of a constituent entity of the Russian Federation can be established and/or executive bodies of municipal districts or city districts can be vested with separate state powers. Thus, administrative-territorial units as the basis for the functioning of public authority, not being subjects of law, are objects of legal influence, to which the category “legal regime” is applicable.
As we have already noted, this circumstance is most clearly expressed in the legislation in relation to this type of administrative-territorial units, such as ZATO, which gives us grounds for extrapolating the conclusion about the legal regime to all administrative-territorial units.
Depending on the characteristics of the legal regime, in our opinion, the following administrative-territorial units can be distinguished: administrative-territorial units with a regular (ordinary) legal regime and administrative-territorial units with a special legal regime.
It seems that, taking into account the above, administrative-territorial units in the Russian Federation have the following characteristics:
1. An administrative-territorial unit is an element of the administrative-territorial structure of a subject of the Russian Federation, representing a part of its territory within established boundaries and consisting of one or more settlements.
2. An administrative-territorial unit is the territorial basis for the organization and functioning of state power of a constituent entity of the Russian Federation.
3. Within administrative-territorial units, state powers of the constituent entities of the Russian Federation of a universal nature are exercised by territorial bodies of the executive bodies of state power of the constituent entity of the Russian Federation and/or executive bodies of local self-government of municipal districts or city districts in the manner of delegation of individual state powers.
4. The legal regime of the relevant administrative-territorial units is determined by the regulatory legal acts of the constituent entities of the Russian Federation.
Thus, an administrative-territorial unit can be defined as an element of the administrative-territorial structure of a subject of the Russian Federation with an established legal regime, which is the territorial basis for the organization and functioning of state power of a subject of the Russian Federation, carried out by the relevant bodies of the Russian Federation and/or local governments in the manner of delegation of individual state powers. Sh
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6. On the general principles of local self-government and local economy in the USSR: USSR law of April 9. 1990 // Gazette of SND and VS. 1990. No. 16. Art. 267; On amendments and additions to the Constitution (Basic Law) of the RSFSR in connection with the reform of local self-government: Law of the RSFSR of May 24, 1991 No. 1329-1 // Gazette of the Council of People's Commissars and the Supreme Court of the RSFSR. 1991. No. 22. Art. 778.
7. On the general principles of organizing local self-government in the Russian Federation: federation. law of August 28 1995 No. 154-FZ // Collection. legislation of the Russian Federation. 1995. No. 35. Art. 3506.
8. For more details, see: Shchedrin N.V., Sharnina L.A. Limits of legislative discretion in the legal regulation of issues of administrative-territorial structure of the subjects of the Federation // Vestn. Ohm. unta. Ser. Right. 2012. No. 2 (31). pp. 42-43.
9. On the general principles of organizing local self-government in the Russian Federation: federation. law of 6 Oct. 2003 No. 131-FZ // Collection. legislation of the Russian Federation. 2003. No. 40. Art. 3822.
10. For more details, see: Maksimov A. N. Administrative-territorial structure of the constituent entities of the Russian Federation: concept and problems of legal regulation // Actual problems of Russia. rights. 2009. No. 4. P. 70-74.
11. On checking the constitutionality of the Law of the Udmurt Republic of April 17, 1996 “On the system of public authorities in the Udmurt Republic”: resolution of the Constitution. Courts of the Russian Federation dated January 24. 1997 No. 1-P // Collection. legislation of the Russian Federation. 1997. No. 5. Art. 708.
12. Collection legislation of the Russian Federation. 1999. No. 42. Art. 5005.
13. On the refusal to accept for consideration the request of the Administration of the Bryansk Region to verify the constitutionality of certain provisions of Articles 8, 9 and 12 of the Law of the Bryansk Region “On the administrative-territorial structure of the Bryansk Region”: definition of the Constitution. Court of the Russian Federation dated July 10, 2003 No. 289-O // Vestn. Constitutional Courts of the Russian Federation. 2003. No. 6.
14. For more details, see: Shchedrin N.V., Sharnina L.A. Decree. op. pp. 43-45.
15. In the case of the interpretation of the provision contained in Part 4 of Article 66 of the Constitution of the Russian Federation on the entry of an autonomous okrug into the territory, region: resolution of the Constitution. Court of the Russian Federation dated July 14, 1997 No. 12-P // Collection. legislation of the Russian Federation. 1997. No. 29. Art. 3581.
16. For more details, see: Praskova S.V. National administrative-territorial unit: experience and prospects for use in Russia // Academician. legal magazine 2012. No. 4(50). pp. 14-24.
17. On a closed administrative-territorial entity: Law of the Russian Federation of July 14, 1992 No. 3297-1 // Gazette of the Council of People's Commissars of the Russian Federation and the Armed Forces of the Russian Federation. 1992. No. 33. Art. 1915.
18. For more details, see: Damdinov B. D. Intrastate public-territorial formations: theoretical aspects // Sibirsk. legal Vestn. 2014. No. 1. P. 24-25.
BIBLIOGRAPHY
On the general principles of organizing local self-government in the Russian Federation: federation. law of 6 Oct. 2003 No. 131-FZ // Collection. legislation of the Russian Federation. - 2003. - No. 40. - Art. 3822.
On the general principles of organizing local self-government in the Russian Federation: federation. law of August 28 1995 No. 154-FZ // Collection. legislation of the Russian Federation. - 1995. - No. 35. - Art. 3506.
On a closed administrative-territorial entity: Law of the Russian Federation of July 14, 1992 No. 3297-1 //
Gazette of the SND of the Russian Federation and the Armed Forces of the Russian Federation. - 1992. - No. 33. - Art. 1915.
On amendments and additions to the Constitution (Basic Law) of the RSFSR in connection with the reform of local self-government: Law of the RSFSR of May 24, 1991 No. 1329-1 // Gazette of the Council of People's Commissars and the Supreme Court of the RSFSR. -1991. - No. 22. - Art. 778.
On the general principles of local self-government and local economy in the USSR: USSR law of April 9. 1990 // Gazette of SND and VS. - 1990. - No. 16. - Art. 267.
On checking the constitutionality of the Law of the Udmurt Republic of April 17, 1996 “On the system of public authorities in the Udmurt Republic”: resolution of the Constitution. Courts of the Russian Federation dated January 24. 1997 No. 1-P // Collection. legislation of the Russian Federation. - 1997. - No. 5. - Art. 708.
On the refusal to accept for consideration the request of the Administration of the Bryansk Region to verify the constitutionality of certain provisions of Articles 8, 9 and 12 of the Law of the Bryansk Region “On the administrative-territorial structure of the Bryansk Region”: definition of the Constitution. Court of the Russian Federation dated July 10, 2003 No. 289-O // Vestn. Constitutional Courts of the Russian Federation. - 2003. - No. 6.
In the case of the interpretation of the provision contained in Part 4 of Article 66 of the Constitution of the Russian Federation on the entry of an autonomous okrug into the territory, region: resolution of the Constitution. Court of the Russian Federation dated July 14, 1997 No. 12-P // Collection. legislation of the Russian Federation. - 1997. - No. 29. - Art. 3581.
Damdinov B. D. Intrastate public-territorial formations: theoretical aspects // Sibirsk. legal Vestn. - 2014. - No. 1. -S. 22-26.
Constitutional law of the subjects of the Russian Federation / resp. ed. V. A. Kryazhkov. - M.: Gorodets-izdat, 2002. - 864 p.
Maksimov A. N. Administrative-territorial structure of the constituent entities of the Russian Federation: concept and problems of legal regulation // Actual problems of Russia. rights. - 2009. - No. 4. -S. 70-79.
Praskova S. V. National administrative-territorial unit: experience and prospects
use in Russia // Academician. legal magazine -2012. - No. 4(50). - pp. 14-24.
Regional law / ed. V. N. Shiryaeva, A. V. Nikitina. - Khabarovsk: RIOTIP, 2008. -402 p.
Chertkov A. N. Territorial structure of the Russian Federation / A. N. Chertkov. - M.: Institute of Legislation and Compare. lawyer under the Government of the Russian Federation, 2009. - 344 p.
Chudakov M. F. Constitutional (state) law of foreign countries / M. F. Chudakov. -Minsk: New knowledge, 2001. - 576 p.
Shchedrin N.V. Limits of legislative discretion in the legal regulation of issues of administrative-territorial structure of the subjects of the Federation / N.V. Shchedrin, L.A. Sharnina // Vestn. Ohm. un-ta. Ser. Right. - 2012. - No. 2 (31). - pp. 41-48.
Administrative-territorial Entities in the System of Public-territorial Formations in Russia: Theory, Regulation and Practice
© Damdinov B., 2014
An article lights the legal characterization of the administrative-territorial units on the background of other domestic public territorial entities, analysis of the place of the administrative-territorial units in the territorial organization of the public authorities of Russia.
Key words: territorial system; federal structure; administrative-territorial structure; public-territorial entity; subject of the federation; autonomous territorial entity; administrative unit entity; municipal formation.
At school I was worried about the name of the country. How to say: Russia or Russian Federation(RF)? In social studies class they explained to me that these concepts equivalent. And this equivalence is enshrined in Art. 1. Constitution of the Russian Federation. But it is precisely the federal structure of our country that allows it to divide the territory into separate administrative-territorial units.
Federal structure
This is a form of government organization in which the country consists from individual objects – subjects of the federation. In addition to the national ones, they have their own executive, judicial and legislative bodies.
All subjects of the Russian Federation equal rights among themselves, regardless of their size and population.
Large administrative-territorial units of Russia
Total allocated 85 subjects. Let's look at how our country is divided and how the territorial units differ:
- republic. The Russian Federation includes 22 republics. Among them: Sakha (Yakutia), Komi, and Chechnya. They have striking features: unification on the territory of a separate people, the presence of their own constitution and the ability to use their own language as the state language;
- edge.In Russia there are9 . Among them: Altai, Krasnodar, Perm and Primorsky. Now there are no differences between the edge and the region, although previously autonomous regions could only become part of the edge;
- region. Russia has 46 regions. Among them: Voronezh, Irkutsk, Moscow and Tambov. When enabling new objects, area can become edge, for example, the Perm region, after the annexation of the Komi-Permyak Autonomous Okrug, became the Perm Territory. I would also like to mention the Kaliningrad region, this subject is separated from the territory of Russia. And it is its exclave (a part that does not have a border with the rest of the country);
- Autonomous region. She one: Jewish Autonomous Region.
- autonomous region. There are 4 of them: Nenets, Khanty-Mansi, Chukotka, Yamalo-Nenets. This is a territory formed on a national basis, but, unlike a republic, it does not have its own constitution and state language.
- federal city.
10.2. Concept and principles of administrative-territorial structure
Administrative-territorial structure- this is the division of the territory of the state into parts (regions, provinces, states, etc.), in accordance with which the system of state authorities and local self-government is built and functions. They are usually called administrative-territorial units.
The main task of the administrative-territorial structure is to ensure the functioning of the state mechanism, the smooth operation of the state apparatus, its connection with local governments and the population. Fiscal goals remain no less important, i.e. organizing the collection of taxes from the population, and police goals - ensuring public law and order in a given territory.
In tsarist Russia there was a very high degree of centralization of the country with strict subordination of the lower structures to the top. On its territory (within modern borders) there were 56 provinces and regions, 476 counties and districts and 10,606 volosts. Some outlying provinces were united into governor generals.
In the first years of Soviet power, an administrative reform was carried out based on new principles that took into account the interests of the economic and cultural development of the country as a whole and its individual regions and regions, ensuring the needs of the free development of all nations and nationalities of Russia.
The most important principle administrative-territorial structure is an economic principle. When establishing the boundaries of regions and districts, natural-historical and economic conditions, the availability of natural resources, the profile and level of economic development, communication routes, the number and density of the population, and the presence of centers of economic gravity are taken into account. The economic principle contributes to the development of the country's productive forces and enables local authorities to independently solve economic and socio-economic problems.
In the context of a multinational state, such as the Russian Federation, the national principle plays an important role, which presupposes the need for a comprehensive account of the national composition of the population living in a given territory. The successful solution of the tasks facing them by state authorities and local self-government largely depends on their proximity to the population, the ability to better meet their needs and requests, and rely on their initiative and initiative. Therefore, the need to bring the state apparatus as close as possible to the population is also taken into account in the administrative-territorial structure of the Russian Federation. The need to bring the state apparatus closer to economically important enterprises (industrial, mining, agricultural) is also taken into account, which provides the possibility of operational influence on economic development.
Previously, issues of administrative-territorial structure within the constituent entities of the Russian Federation were resolved in Moscow by the Presidium of the Supreme Council; now this falls under the competence of the authorities of the constituent entities of the Russian Federation.
10.3. Types of administrative-territorial units, their characteristics
Many authors believe that the administrative-territorial structure is inherent only to the constituent entities of the Russian Federation, but practically the division of the Russian Federation (as of January 1, 2010) into 83 equal subjects is the first federal level of the administrative-territorial division of the country.
Administrative-territorial division within the constituent entities of the Russian Federation is carried out on the basis of their laws. For example, in accordance with the law of the Novosibirsk region, the administrative-territorial structure (division) of the region is the territorial organization of the region, which is a system of administrative-territorial units, in accordance with which the system of state authorities and local self-government is built.
An administrative-territorial unit is a part of the territory of a region within fixed boundaries with one or more settlements, having a legally established status, name and being under the jurisdiction of state authorities and local self-government.
In most subjects of the Russian Federation, two levels of division are still maintained: basic and primary.
Base level represents the division of the territory of the constituent entities of the Russian Federation into rural areas and cities of republican, regional, regional significance.
The primary level is the division of districts into cities of regional significance, towns, village councils (there are districts consisting only of village councils), and cities of regional (and other) significance into urban districts.
There are the following administrative-territorial units:
- Republic, region, region, autonomous regionlust- these are the largest administrative-territorial units within the Russian Federation, representing a complex economic complex with industrial centers and agricultural areas.
Cities of federal significance (GFZ)- Moscow and St. Petersburg. These are the largest political, economic, cultural and administrative centers. In addition, Moscow has the status of the capital of the Russian Federation, and St. Petersburg is the former capital of Russia and the second largest city in the country.
Autonomous okrugs- this is a form of national government for the small peoples of the North and Far East. They, as a rule, are part of regions and territories. The Chukotka Autonomous Okrug separated from the Magadan Region and became an independent administrative-territorial unit.
Area(municipal district) - the main administrative-territorial unit in rural areas. The leading place here belongs to agricultural production and processing of agricultural products. In addition, this is the most important base for all types of socio-cultural services for the entire rural population of the region.
An extremely important role in the political, economic and cultural life of the country is played by cities. Based on subordination, population, industrial and cultural level, cities are divided into two main groups.
Cities of republican, regional and other significance- these are the administrative centers of the constituent entities of the Russian Federation and the largest cities with a population of more than 50 thousand people, the industrial potential of the region is concentrated in them, these are centers of economic gravity, cultural and scientific centers. In the Novosibirsk region these include: Novosibirsk, Berdsk, Kuibyshev, Barabinsk, Tatarsk, Iskitim, Ob. These cities may have the status urban district, equivalent to the status municipal area. IN In the Novosibirsk region, the cities of Novosibirsk, Berdsk, Iskitim, Ob, as well as the science city Koltsovo have the status of an urban district. Special status science city urban settlements that are centers of science receive. In cities with a population of more than 100 thousand people, urban districts can be created.
Cities of regional significance- industrial and cultural centers with a population of at least 12 thousand people. Sometimes a condition is set that workers, employees and members of their families make up at least 85%.
Urban settlements also include urban villages, differing from cities in their smaller territory and smaller population. There are three types of villages:
- workers' village- a populated area with a population of at least 3 thousand people, on the territory of which there are industrial enterprises, construction sites, railway junctions, scientific centers and other economically important objects;
- resort village- a settlement in a resort area with a population of more than 2 thousand people, provided that the number of people who come annually for recreation and treatment is more than 50% of the permanent population;
- suburban village- a settlement serving large cities as summer holiday destinations.
The most numerous administrative-territorial units are currently rural settlements: villages, villages, villages, hamlets, auls, etc. Most of their residents are engaged in agriculture and its services. The territory of a rural settlement as an administrative-territorial unit is called rural municipality.
There are specific administrative divisions in cities of federal significance. For example, Moscow is divided into administrative districts (basic level), and they are divided into municipal districts (primary level).
Taking into account the opinion of the majority of the population, national districts and village councils.
In addition, closed administrative-territorial entities may be created, on the territory of which a special regime for the safe functioning and protection of state secrets is required, including special living conditions for citizens; their status is determined by federal law.
In all cities there are non-administrative entities called microdistricts, V They may create bodies of territorial public self-government.
In 2000, by decree of the President of the Russian Federation, the territory of the country was divided into seven federal districts (in 2009, the eighth federal district was created - the North Caucasus). Plenipotentiary representatives of the President of the Russian Federation were appointed to them, who, without a doubt, will have a certain influence on solving the problems facing the administrative-territorial structure of the country.