Why are village elders not paid? Village elders will become leaders of sparsely populated villages. An initiative must have a project

Their powers were approved by deputies, assigning the “seniors” a certain status

The Institute of Village Heads was officially introduced in the Moscow region by deputies of the Moscow Regional Duma, having approved the corresponding bill. Now, from “the first in the village”, the elders have moved to the rank of people vested with power, and from now on they will have clear rights and responsibilities.

To date, the practice of work of village elders has developed only in the urban districts of Domodedovo, Mytishchi, Podolsk, Stupino, Chekhov, as well as the Ruza urban district. But despite the effectiveness of their work, the elders could not fully understand the boundaries of their powers and considered their work more of an amateur activity. Now, intermediaries between city administrations and residents of settlements will know that their sphere of influence lies somewhere between the position of “collective farm chairman” and the title of “village head” of the 19th century. As MK learned, the responsibilities of the elders will henceforth include convening village meetings, considering issues related to the needs of society, monitoring the condition of roads, courtyards and state property. As a representative of the interests of residents of a particular locality, the mayor must personally knock on the doorsteps of mayors in order to convey to them information about the needs of farmers, beneficiaries, fire victims, and so on. For the rest, “stimulation for their work is provided to municipalities,” explained Deputy Chairman of the Government of the Moscow Region Alexander Kostomarov at a meeting of the Moscow Regional Duma. That is, city and district authorities will independently expand or narrow the competence of the elders. They will decide on what basis these people work - whether their work requires financial incentives or should be free of charge. “The legal status of the village headman, the procedure for his election and interaction with government bodies and local government will be established by regulatory legal acts municipality“- emphasized Kostomarov.

The preparation of a bill on the introduction of the institution of village chiefs in sparsely populated villages of the Novosibirsk region remote from the regional centers aroused concerns among local residents: is this preparing a reduction in the structure of rural administrations? It is no secret that the outflow of population from the village raises the question of their existence, especially in sparsely populated villages. As an example, the experience of the Leningrad and Novgorod regions is given, where the introduction of village elders was accompanied by the “optimization” of rural municipalities. Will something similar happen in the Novosibirsk region?

No one is going to replace village councils, and village elders are just another additional institution of civil society,” explained Igor Umerbaev, deputy chairman of the Legislative Assembly Committee on State Policy, Legislation and Local Self-Government. - A village council may include several settlements, there can be quite a lot of them - in some regions of the federation there are 20 of them. In such a situation, the village council administration is unable to quickly respond to the needs of residents. According to the Constitution, local self-government is the decision by residents of issues of local importance. There are many cases when government intervention is not required - for example, organizing street cleaning in a village. Why involve the head of the village council or the district administration here if the residents themselves can organize themselves. The only point is that any community needs a leader, just an organizer and representative of the residents of the locality.

According to the deputy, village residents have common problems that the head of the village council may not know about: pasture, watering for livestock, providing people with water, supplying fuel, landscaping, road repairs. And the headman lives on the territory of this locality, knows the residents, their problems and can tell the municipal authorities about them.

Starostas are, roughly speaking, assistants to the head of a municipality,” explains Igor Umerbaev. – They can solve communication problems between the authorities and residents.

For villagers, those who are “old”, for example, grandmothers, it is difficult to get to the village council even 20 kilometers away. They go there maybe once every six months for some kind of information. That’s what a headman is for – he collected problems and brought them to the attention of the municipal authorities.

No one is going to replace village councils; they are just another additional institution of civil society.

The deputy reminds that in virtually every village this has already happened - there is always Respected man that people turn to. The task of the Legislative Assembly is to legalize this institution.

I think the introduction of the post of headman in a particular settlement should be solely at the request of the people: if they wanted to elect a headman, they elected him. The authorities will work with him, says Igor Umerbaev.

The head of the relevant committee of the Legislative Assembly believes that support for any forms of public participation in shaping local solutions to issues is necessary. Especially if this concerns residents of remote areas and villages.

Department wages reviewed the letter on remuneration of village and village elders and reports within the limits of its competence.

According to the Law of Ukraine “On Local Self-Government in Ukraine”, in villages and towns determined by decision of the local council as a united territorial community created in accordance with the Law of Ukraine “On the Voluntary Association of Territorial Communities”, with the exception of its administrative center, a headman is elected for the term of office of the local council .

The regulations on the headman are approved by the village, town or city council.

Thus, the regulation provides that the village headman is an official of the local government of the village, which is part of the corresponding village united territorial community.

The position of “elder” is provided for in Appendices 50 and 54 to the Resolution of the Cabinet of Ministers of Ukraine dated 03/09/2006 No. 268 “On streamlining the structure and conditions of remuneration for employees of the apparatus of executive authorities, prosecutorial bodies, courts and other bodies” after amendments were made by the Resolution of the Cabinet of Ministers of Ukraine dated December 9, 2015 No. 1044 “Some issues of remuneration of local government officials of united territorial communities.”

* Read about the promotion rules in “OT”, 2016, No. 5, p. 13 . -Note ed.

In the event that the salaries of village and village elders, determined on the basis of Appendix 50 to Resolution No. 268, less salary amounts for such positions, derived on the basis of Appendix 54 to this resolution, we are talking about changes in significant working conditions, about which the village/village elder must be notified no later than two months until new salary levels are established (Part 3, Article 32 of the Labor Code). At the same time, remember: if the requirement of Part 3 of Art. 32 Labor Code regarding notification carried out by the employer, But sides employment contract (employee and employer) came to an agreement on the introduction of new working conditions before the end of the two-month notice period, the employee can start working under new working conditions and until the end of this period**.

** Find out more from the consultation of a specialist from the Ministry of Social Policy in “OT”, 2016, No. 11, p. 24. -Note ed.

Let us note another important point: settlement and village elders received the right to payment to them bonuses for high achievements in work or for performing particularly important work(clause “c” clause 2 of resolution No. 268) in the amount up to 50% of official salary taking into account allowances for rank and length of service.

Let us recall that such a premium is established, in particular, managers structural divisions, their deputies, specialists, the “scheme” official salaries of which are indicated in application 50 to Resolution No. 268. But for village and township heads, their deputies and other senior officials and specialists of the apparatus of village and township councils and their executive bodies, the “scheme” official salaries of which are precisely indicated in application 54 to resolution No. 268, named allowance not installed(paragraph 3, paragraph “c”, paragraph 2 of Resolution No. 268). Until recently, the “scheme” official salaries of village and village elders were established in accordance with Appendix 54 to Resolution No. 268, and therefore they wasn't supposed to bonus for high achievements in work or for performing particularly important work.

Since now the “scheme” official salaries township and village elders prescribed to be determined according to application 50 to resolution No. 268, from the moment of establishment to specified local government officials new official salaries them bonus can be paid for high achievements in work or for performing particularly important work.

Finally, let us remind you: persons who exercised the powers of the village, town, city mayor the corresponding territorial community before unification and perform the duties of a headman before election to first elections of elders, recommended to save official salary, allowances and additional payments that were established for them at the time of transfer for the position of headman (clause 2 of the resolution of the Cabinet of Ministers of Ukraine “Some issues of remuneration of local government officials of united territorial communities” dated December 9, 2015 No. 1044 // “OT”, 2016, No. 1, p. 10).

Svetlana Konoval , Chief Specialist Department of wages in the public sector of the Department of wages and working conditions

In full accordance with Art. 12 and 130-133 of the Constitution of Russia and Article 33 of the Law on Local Self-Government (No. 131-FZ of October 6, 2003) in certain municipalities of the Leningrad Region, such a form of local government as the institution of elders is implemented.

According to regional legislation, elders and public councils in rural settlements carry out their activities on the principles of co-financing from the regional and settlement budgets according to the scale of subsidies from local budgets.

An initiative must have a project

The level of subsidies for a settlement to receive subsidies from the regional budget is calculated based on the share of subsidies for equalizing budgetary security in tax and non-tax revenues of the municipal budget. If the local budget is unsubsidized, then a quarter of the cost of maintaining the headman falls on the settlement treasury. Accordingly, the higher the level of subsidies, the greater the burden on the regional budget (see table). But if the amount of local budget expenditures on solving issues of local importance exceeds 2.5 million rubles, then financing of work above this amount is carried out from the settlement budget. This could be, for example, repairing a village well, installing street benches or creating pedestrian paths with lawns, cleaning the entrance to a fire reservoir, or purchasing a motor pump.

Key condition for allocation state support from the regional budget is the presence of a justified and calculated small project put forward by the village head with the support of fellow villagers.

Subsidies are provided to the following settlements:

  • if there are allocations in the settlement budget to co-finance the corresponding expenditure obligations;
  • the existence of an agreement between the Committee on Local Self-Government, Interethnic and Interfaith Relations of the regional government and the settlement administration on the provision of a subsidy, which provides for:
    - target performance indicators for using the subsidy;
    - the obligation of the municipality to submit to the main manager of budgetary funds a road map on the effectiveness of the use of the subsidy;
    - the obligation of the municipality to ensure that the indicators correspond to the performance values ​​of the subsidy;
    - the obligation of the settlement administration to organize accounting of elders and the results of fulfillment of expenditure obligations established by municipal legal acts;
    - the obligation of the municipality to quarterly post reporting information on the achievement of performance indicators for the use of subsidies on the official website of the municipality;
    - obligation of the municipality to submit regional committee for local self-government reports on local budget expenditures, the source of financial support of which is a subsidy, and the achievement of values target indicators effectiveness of the use of the subsidy;
    - the right of the regional local government committee to conduct inspections of the subsidy recipient’s compliance with the conditions established by the agreement;
    - the obligation of the settlement to return the funds provided if, based on the results of inspections, violations of the terms of the agreement are established.

In any case, at least 100,000 rubles are allocated in the regional budget for the next financial year. for each rural settlement that has the institution of elders and public councils in populated areas or in parts of populated areas.

Who is the headman?

These funds, low-cost on the scale of the regional budget, but very relevant for solving local problems, are allocated in accordance with the regional law in force since 2013 “On promoting the development of other forms of local government in part of the territories of municipalities of the Leningrad region” (No. 95-OZ dated November 20. 2012).

The adoption of the law was preceded by two years of discussions, disputes and compromises.

At the initial exchange of views in March 2011, it was necessary to introduce a representative quota, so many were willing to speak out for and against the form of local self-government not directly provided for by municipal legislation. Even then, there were more than 1,100 elders in the region, and only every third of them was able to get to the first discussion. Subsequent gatherings were no less numerous in terms of the number of participants.

The essence of the debate boiled down to three main points: the legal definition of the concept of “elder”, the range of responsibilities and rights of the elder, and the remuneration of the elders.

In fact, who is the headman - an authorized person or a voluntary intermediary between the population and local authorities?

Practitioners insisted on the role of the headman in the local community as the main assistant for both the population and local government. Legal scholars have tried to formulate the concept of a headman as a representative of the population in a rural locality, empowered to ensure decisions of local governments, issues of local importance and possessing certain information.

The dispute about the rights and responsibilities of the headman invariably ended with an almost rhetorical question: why then the Ministry of Emergency Situations and other structures? The law proposed to prescribe 27 powers of the village headman, including providing assistance to “deputy candidates and their representatives in organizing meetings with voters.” As a result, they decided not to impose a list of mandatory functions of elders on municipalities, but allowed local deputies to independently determine the relevance of a particular task.

Many copies were broken when discussing the criteria necessary for the election or appointment of elders. As a result, they agreed that this position was elective. The law now prescribes that the headman is elected at a meeting of fellow villagers in settlements where fewer than 50 people live. In larger settlements, the headman may be elected from the public council of the settlement or part of the settlement. By part is meant as a separate settlement within a municipal entity with the status rural settlement, and in a specific microdistrict with an active local community.

To pay or not to pay the headman for his work?..

Discussion of the issue of monetary remuneration was not limited to banal salaries. No one doubted that work should be paid. The conversation revolved around the regularity of payments to the headman and their size. Most of the utterances were for quarterly remuneration. Few would argue that the amount of payment should depend on the population size in the territory covered by its activities and the remoteness of settlements from each other. Proposals were made for bonus payments based on performance, so that the headman would have an incentive for active and proactive work.

Disputes arose during the discussion of possible funding for local initiatives and compensation for the headman’s expenses for travel, communications, and office expenses. The first part of the discussions ended with the fact that the regional budget will co-finance the initiatives of local communities, which are promoted in the authorities by the headman exclusively with calculations and justification of projects. Financial workers clarified: “We don’t allocate funds into the elder’s pocket. We allocate the administration of the settlement, which includes the settlement, whose headman is applying for the allocation of funds for the project put forward by fellow villagers and supported by them.” They convinced that the headman could not be the manager of budget funds. He takes his initiative to the settlement administration. The settlement administration, together with the council of deputies, draw up a targeted program, an estimate of income and expenses. So that there is no suspicion that the headman will dispose of the budget 100,000 rubles. inappropriately.

The implemented regional law does not exclude the simultaneous application of all measures of financial support for the activities of headmen. The law does not establish the amount of remuneration for the headman; this is the prerogative of local deputies. Let's say that the settlement administration pays the headman every quarter, and the district budget takes on an annual subscription to the local newspaper and a limit on use mobile device communications.

Concluding the review of different opinions that preceded the adoption of the regional law, it must be emphasized that it included only those problems legal status elders, which were resolved publicly. Law enforcement practice has once again confirmed the truth that life is much richer than it seems. Thus, financial clarifications were made to the already existing law in 2013. More recently, in September 2014, amendments were made regarding the types of agreements on the basis of which elders build their relations with local administrations. It is possible that there may be a need for new adjustments. In any case, life has convinced us that there are different forms of local self-government. It is important that they bring a qualitative improvement in the standard of living in a particular area.

Five united communities were created in Chernihiv region.

The Makiivka territorial community of the Nosivsky district is small, with a population of 1867 people. I united two villages for the sake of: for the sake of Makievskaya and Gannivskaya. Until then, the Makiivsky village head, Petro Baklan, is stupefied. This is one of the first terrorist centers in the region. Did you notice any changes there?

“The warehouse of the community is six villages away,” says Petro Baklan. — The neighbors Kolomiytsivka and Rivchak went to Nosivka. We want to take us 15 kilometers to Kolomiytsivka, and 30 kilometers to Nosivka. After the elections of 25, a territorial community council will be formed. And in Gannivtsi there will be elections for old age.

— How does the community save money?
“Of course,” Petro Andriyovich said. - In Gannovtsa, where in the village there is a head, a secretary, an accountant, a cleaner, only the headman and the cleaner-fireman work. There will be no accountant or secretary. The headman will take the office. Practice five days per week. Let's see the evidence. Posada covers the secretary’s equipment. There will be more duties, wages will be ten thousand per villager’s head. At the same time, with the bonuses, the village head of Gannivka takes away ten three thousand, the headman - 2200-2300.

Makiivtsia will have a state register, people will re-register the recession. Transport in all villages is good. To Ganivka, for example, there are five flights.

We are self-sufficient and happy. It is planned that the income will be close to two million. They will be ordered by us. Our community can cope. Great villages are hard to come by. I mean, I'm looking forward to our secretary. There is no time to waste yet, and what will happen next will be even more important. For development, for economy - more beautifully. If you take some of the corn and pass it through a company of soldiers, then the rest will not be left with anything. That's it. As soon as you know where and how you spend money, you can talk about development. Until now we have been counting “tsukru”, like the rest of the soldiers from the company. Now we ourselves are thinking: deprive three schools (Ganivka, Makiivka and Pustotine) or two, kindergartens - one should be opened at Pustotine, where 50 preschool children. Everything seems to be a huge community.

- Now there will be an even greater slaughter for the seat of the head of a community, but for the post of a village head - such pennies will circulate in the city.
— We have a lot of candidates. If the village didn’t have any pennies, it won’t be - it will all go through the treasury.

— You can create a fictitious company, put it through the treasury and “pay” this company for services and purchases for the community.
- Of course, for dishonest people there are schemes. Well, I know, in five rocks, I’ve spent more than 30 thousand worth of hair on the bark of the community. Having cleaned the center, we brought order to the center. I live near Kalita, Brovary district, I worked as a livestock specialist for 28 years. He died at Makiivtsi’s place, moving to his mother’s. Having become a deputy, I took charge of a great subsidiary state. They believed me and gave me the head of the village. I will become the head of a united community - people say.

* * *

Cream of the Makiivsky community, the election of the head will take place among the already formed Vertiivsky, Desnyansky, Kiptivsky, Parafyivsky. Population of Vertiivska - 5053 inhabitants (Vertiiska and Malokoshelivska villages), Desnianska - 8862 (Desnianska, Kosachivska, Korolivska and Morivska solradi), Kiptivska - 3882 (Kiptivska, Vovchkivska, Novoshlyakhivska, Olbinska, Pidlisnenska, Progressivska), Parafiivska - 6023 (Parafivska, Petrushivska, Ivanitska, Martinivska, Yuzhnenska).

Viktoria Tovstonog, sweatshirt “Visnik Ch” No. 42 (1536)

 

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