The selected aspects of the administrative and legal regulation of municipal services provision (based on the data, provided by Tyumen administration)

Tyumen State University Herald. Social, Economic, and Law Research


Release:

Vesntik TSU. law (#3). 2014

Title: 
The selected aspects of the administrative and legal regulation of municipal services provision (based on the data, provided by Tyumen administration)


About the authors:

Lyubov S. Kozlova, Cand. Sci. (Jur.), Associate Professor, Department of Administrative and Financial Law, Institute of State and Law, University of Tyumen; kozlova_l_s@mail.ru

Tatiana D. Sadovskaya ,
Cand. Jur. Sci., Associate Professor, Administrative and Financial Law Department, Institute of Law, Economics and Management, Tyumen State University

Abstract:

Federal law «On the administration of state and municipal services provision» of 27.02.2012 № 201-FZ and the similar laws of the constituent entities of the Russian Federation having been adopted, local self-government authorities formed a system of municipal administrative and legal acts to provide the implementation of the aforesaid laws. Thus, the necessity to monitor both its compliance with the current legislation and the enforcement process has emerged. One of the first attempts to analyze the municipal administrative and legal acts of the Tyumen Administration in the sphere of the organization of municipal services provision has been undertaken by the authors of the article. The doctrinal interpretation of the legislation revealed two basic categories of municipal services and outlined their legal specifics. The first category includes social budget municipal services while the second involves executive-administrative municipal services. By the time of this research completion it has been determined that the administrative-legal regulation of the organization of municipal services provision in the municipal entity of the City of Tyumen is being currently finalized. The majority of the municipal administrative and legal acts comprises administrative regulations, the subject-matter of which is the administrative procedures of municipal services provision. The practice of administrative monitoring of the proper enforcement of the administrative procedures dealing with the municipal services provision, pre-trial appealing of the decisions or actions (inactions) of the bodies, providing municipal services, their functionaries and municipal civil-servants as well as the institution of the disciplinary and administrative responsibility is still being implemented and has a long-term topicality for the further scientific research.

References:

1. Sobranie zakonodatel'stva Rossiiskoi Federatsii — Collection of Laws of the Russian Federation. 1994. № 32. Art. 3301. (in Russian).

2. Sobranie zakonodatel'stva Rossiiskoi Federatsii — Collection of Laws of the Russian Federation. 1995. № 50. Art. 4872. (in Russian).

3. Sobranie zakonodatel'stva Rossiiskoi Federatsii — Collection of Laws of the Russian Federation. 2003. № 40. Art. 3822. (in Russian).

4. Refer to: Dmitrieva, E.A. Provision of Electronic Municipal Services: Its Current State and Prospects of Development. Konstitutsionnoe i munitsipal'noe pravo — Constitutional and Municipal law. 2012. № 3; Nesterov, A.V. Methodology of Government Services. Gosudarstvennaia vlast' i mestnoe samoupravlenie — State Power and Local Government. 2009. № 3; Publichnye uslugi i pravo: nauch.-prakt. posobie [Public Services and Law: A Scientific-Practical Guide] / Ed. by Iu.A. Tikhomirov. Moscow, 2007; Shchepachev, V.A. Participation of Local Government in the Provision of Municipal Services to the Population: Some Problems. Konstitutsionnoe i munitsipal'noe pravo — Constitutional and Municipal Law. 2012.

№ 3. (in Russian).

5. Sobranie zakonodatel'stva Rossiiskoi Federatsii — Collection of Laws of the Russian Federation. 1998. № 31. Art. 3823. (in Russian).

6. Vinnitskii, A.V. The Institution of Public Services in Russia: Perspectives in the European Context. Administrativnoe i munitsipal'noe pravo — Administrative and Municipal Law. 2013. № 4. P. 299-308. (in Russian).

7. Tiumenskii kur'er — Tymen express. 2011. January 29. № 1. (in Russian).

8. Sobranie zakonodatel'stva Rossiiskoi Federatsii — Collection of Laws of the Russian Federation. 2010. № 31. Art. 4179. (in Russian).

9. Decision of the Supreme Court of the Russian Federation dated Dec. 28, 2010 GKPI10-1298 "On the Recognition of Partially Invalid para 2 p. 2 of the Decree of the Government dated 02.12.2009 No. 984". Biulleten' Verkhovnogo Suda RF — Bulletin of the Supreme Court of the Russian Federation. 2012. № 8. (excerpt). (in Russian).

10. The instruments have not been published. SPS «Konsul'tant Plius: Regional'noe zakonodatel'stvo» — Legal Reference System "Consultant Plus: Regional Law". (in Russian).