We all know the activities of TOS. This is the abbreviated name of territorial public self-government - one of the most important forms of citizens' participation in the system of local self-government. But how to create such an organization in your own home? The article will present a detailed algorithm, deciphering the basic concepts necessary for organizing TOS, the features of holding meetings of residents.
Definition
Territorial public self-government is a civil self-organization at the place of residence in a certain territory. Such institutions are regulated by Art. 27 Federal Law No. 131 (2003) - "General principles for the organization of local self-government (decoding - local self-government) in the Russian Federation."
The purpose of creating territorial public self-government is the desire for citizens to independently solve problems of local importance. The algorithm for both the organization and the direct implementation of TOS, the conditions for the allocation of finance from the budget of the settlement are determinedthe charter of this municipality, as well as its local regulations.
In Russia, territorial public self-government of the population can be carried out in the following territories:
- Entrances of apartment buildings.
- Entire apartment buildings.
- Groups of residential buildings.
- Microdistrict (residential buildings).
- Settlement rural area (status not related to settlements).
- Other types of areas of residence in the Russian Federation.
The forms of territorial public self-government in Russia are as follows:
- Direct participation of the population. Holding relevant conferences, meetings.
- Creation of CBT bodies.
Bodies and charter
Bodies of territorial public self-government are elected at conferences, meetings of citizens living in a particular territory.
This organization is considered registered from the date of registration of its charter by the authorized bodies of local self-government of this settlement.
The Charter must reflect the following:
- Territory where CBT will be carried out.
- Goals, main vectors of activity, tasks, forms of TOC.
- The procedure for formation, as well as the term of office and their termination, the rights and obligations of bodies of territorial public self-government. Local governments, recall, they must be approved.
- Decision-making procedures.
- Purchase Ordersproperty, use and disposal of both it and other material means.
- TOS termination procedure.
General plan for creation
How to start the organization of territorial public self-government? First of all, imagine a clear plan for all the work ahead:
- Gathering of the initiative group.
- Development of the future charter of TOS.
- Development of project plans for the activities of the organization, estimates of its income and expenses.
- Organization of citizens' meetings (conferences are held in a large area).
- Adoption of the charter.
- Election of TPS bodies.
- Adoption of the work plan, as well as cost and income estimates.
- Registration of TOS in the local government system.
Let's take a look at the important points in more detail.
Initiative group
For further registration of territorial public self-government in local self-government, first of all, it is necessary to assemble an initiative group of at least 3 people (the LSG body is also authorized to establish a different minimum composition of this group). It is on the initiative of these citizens that TPS are created.
These persons should have the right to participate in territorial public self-government. They unite for the purpose of convening a founding conference or assembly in the future. Members of the initiative group are elected at the first meeting of citizens.
Holding the first meeting
At the first meeting about the territorialpublic self-government address the following issues:
- Decision making to initiate the organization of TOS in a certain territory.
- Formation of the initiative group.
- Determination of the territory for the future TOS.
- Preparation of a request to LSG for issuing a certificate with the population over 16 years old living in this territory.
Further, the initiative group should send a written request to the representative body of LSG with a request to approve the boundaries of the new TOS. In addition, she appeals to the local authorities with a request to issue a certificate on the population over 16 years of age in the area.
Second meeting held
For the further implementation of territorial public self-government, it is necessary to hold a second meeting of citizens. It solves very important issues:
- Determination of the form of the constituent assembly. There can be two of them - a meeting and a conference. Determined on the basis of a certificate of population. If there are less than 100 people on it, then a meeting is necessary. Otherwise, a conference. Representation norms are established here: up to 300 people - one delegate from 10, up to 600 people - one delegate from 20, up to 1000 - one delegate from 25, up to 2000 - one delegate from 50, up to 10,000 - one delegate from 100, up to 15 000 - one delegate from 150, up to 20,000 - one delegate from 200, up to 30,000 - one delegate from 300.
- Designation of the date, place and time of the foundingconferences, meetings.
- In the case where conferences are required, it is necessary to provide territories in which citizens will choose delegates to the event.
- Decision: whether or not the created structure will be a legal entity.
- Preparation of the draft agenda of the constituent assembly.
- Preparation of the draft Charter of TOS.
Preparation for the Constituent Assembly
In the future territory of territorial public self-government, it is important to warn the population in advance about holding a meeting. Also, a notification about it is delivered to local self-government bodies in a timely manner.
There are three notification methods:
- Posting ads in public locations.
- Announcement by name of everyone living in the future territory of the TOS.
- Publication of announcements in the media.
Requirements for the announcement are as follows:
- Indicate the place, time and date of the event.
- Agenda.
- Location of the room where you can get acquainted with both the draft Charter and drafts of other documentation.
If the residents, having read the Charter, are not completely satisfied with its content, then the change in certain points of the document should be put on the agenda of the constituent assembly.
Preparing for the founding conference
What is important to do here? This is the following:
- Determine the rate of representation based on the number of people living in a giventerritory.
- Notify the residents of the future territory of the TOS about the meeting for the choice of delegates (preferably no later than 14 days before the date of the founding meeting).
Meetings to choose delegates here can take two forms:
- Full-time. Presence of residents at the location of the meeting, discussion of candidates for delegates, selection of candidates by voting, confirmation in the protocol of the choice of the population.
- Correspondence. Collection of signatures in support of certain candidates for delegates. To do this, it is necessary to prepare signature sheets in advance.
Citizens who have collected the maximum number of votes (signatures) will be considered legal delegates here. The election is considered valid if the majority of the population took part in the meeting. If several candidates were nominated, then the one who collected the maximum votes becomes a delegate.
Holding a constituent assembly
When holding a constituent assembly, it is important to remember the following rules:
- Only citizens permanently residing on the territory of the future TOS take part in the meeting.
- Holding such a meeting is eligible only if more than half of the residents of the TOS territory over 16 years old are present. To fix their number, the list of participants is filled in.
- As for the founding conference, the presence of delegates elected in absentia or in person is mandatory. Also allowed to be presentall willing residents permanently registered in this territory over 16 years of age.
- The conference also draws up a list of participating delegates.
- Representatives from the local government structure may attend the event.
Founding Assembly Plan
The event is opened by a representative of the initiative group. Further, he invites the assembled participants to elect from among its number the chairman and secretary of this conference. The order of voting here is pre-specified.
The working functions of these persons are as follows:
- The chairman leads the meeting (or conference) according to the agenda, has the right to give those who wish the right to speak out.
- The Secretary directly takes minutes of this conference or meeting.
Further, the participants approve the agenda of this meeting. The decision here is considered adopted if the majority of the participants (delegates) present voted in its favor.
Be sure to discuss and make decisions on the following issues:
- Creation of a new structure, namely, territorial public self-government.
- Approval of the Charter of the future TOS.
- Election of TOS bodies (with the obligatory mention of their powers).
- Giving (or not giving) TOS the status of "legal entity".
- Determination of the applicant who will be authorized to represent the residents of the TOS after the establishment of its boundaries and registration of the Charter.
Formation of meeting documents
Decisions that were taken by citizens at the constituent assembly of TOS are necessarily recorded in the minutes. There are certain requirements for the document:
- Contains information about the date, time and location of the event.
- The number of participants in the meeting (or arriving delegates in the case of a founding conference) is indicated.
- The number of citizens who took part in the work of the constituent assembly is indicated.
- Indication of all decisions made at the event.
- Approval by the chairman of the meeting and the secretary.
- The document must be stitched, numbered, glued and certified by the signatures of the secretary and chairman on the gluing.
The protocol is further kept in the place that was jointly determined at the founding meeting (conference). At the same time, any citizen living on the territory of the TOS has the right to get acquainted with the contents of this document, as well as make extracts from it.
We have briefly discussed what TOC is, what its goals and forms are. We also considered the general plan for the creation of TOS and more specifically focused on some stages of its organization.
