Local referendum

A local referendum is considered one of the main institutions in local self-government. In the narrow sense, the term is understood as the voting of citizens on certain issues. The local referendum is of great importance in the system of local self-government. This is mainly due to the fact that through this institution citizens are given the opportunity to resolve relevant issues by taking part in the affairs of the administration through the relevant bodies or directly on their own.

The referendum in Russia, as an institution, as a democracy in the highest form, is enshrined in the Constitution of the Russian Federation. However, the earlier Federal Laws did not provide for the mandatory and periodic convening of a local referendum. The law in force today assigns to this institution the status of a form of direct participation of the people in the relevant administration. The issues related to the holding of a local referendum are also reflected in the legislation.

This institution was widely used in the 1980s and 1990s. Then the local referendum helped solve various issues of municipal importance. In the 95-96. This institution was actively used in approving statutes in municipalities. In 96-98 years. A local referendum, as a rule, was applied in the case of the formation of local authorities.

The Federal Law defines a list of issues that are prohibited from being issued for the decision of this institution. They include, in particular, questions about:

1. Early extension or termination of the term of office of state authorities in the subject of the Russian Federation, on the territory of the municipality. Questions on holding early voting in them or on postponing its holding in a subject or a municipality.
2. Personal composition of the above bodies.
3. Election of any officials and deputies, approval, release or appointment, giving consent to release or appointment.
4. Adopting urgent and extraordinary measures to ensure safety and preserve the health of citizens.
5. On changing or adopting the corresponding budget, changing and fulfilling the financial obligations of the municipal entity, the subject of the Russian Federation.

Representative bodies from local self-government make a decision to convene local referendums. Unreasonable refusal of these bodies to convene an institution may be appealed in accordance with the procedure established by law and through prosecutor's supervision. The decision to convene a referendum is published in the media or made public by any other means within five days.

If the municipal entity does not have its own elective self-government body, then the institution is formed in accordance with the instruction of the head of the city administration or the municipal formation, and also on the initiative of the district population.

A local referendum is convened and conducted on the whole region, which is under the jurisdiction of self-government bodies. This is mainly due to the fact that issues solved with the help of this institution affect the interests of all citizens residing or temporarily residing in the territory of the municipality. In addition, a local referendum is a form of direct democracy, which differs from all others in its binding character. In other words, decisions do not require approval, and results are considered compulsory for the entire population. The latter provision applies to both citizens residing and temporarily residing in the territory of a certain municipal entity. In this regard, participation in a local referendum should be taken by all residents of the municipal formation, and not only representatives from one or another of its areas.