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 stipulates that the village headman is an official local government a village located within the corresponding settlement united territorial community.
The position of “elder” is provided for by Annexes 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 change essential conditions labor, 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's note one more important point: settlement and village elders received the right to payment to them bonuses for high achievements in work or for performing special tasks 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 to 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 12/09/2015 No. 1044 // “OT”, 2016, No. 1, p. 10).
Svetlana Konoval , chief specialist wage department in budgetary sphere Department of Wages and Working Conditions
About 700 delegates took part in the annual forum of village chiefs on Tuesday Leningrad region. Regional Governor Alexander Drozdenko and State Duma Chairman Sergei Naryshkin met with them at the Tauride Palace. The latter called the Leningrad region a pilot site for the revival of the now half-forgotten institution of village elders. Drozdenko, in turn, noted that the elders provide walking distance to power, personify the will of the majority and demonstrate the development of civil society in the countryside.
The work of elders in the region is regulated by two laws from 2012 and 2015. Currently, 1,653 heads of public councils and elders work here. Following the Leningrad region, the institute of elders has already begun to develop in other regions: in Komi, Altai, Nizhny Novgorod, Orenburg and Vologda regions.
Marina Razumova, head of the villages of Bolshie Gorki, Malye Gorki and Nizhnyaya Kipen in the Lomonosov district of the Leningrad region, told Izvestia correspondent Kirill Kudrin what this position is and how modern elders differ from their predecessors.
- What impression did the elders’ forum make on you?
There were a lot of people. The huge hall was completely filled. We talked about pressing problems: roads, infrastructure, housing and communal services, medicine. They talked about the support of the elders from the administration. The governor called us a link between village residents and municipal authorities. We have collected all our questions on the forum, and, as we are promised, we will receive answers to them in the near future.
What kind of position is this, a village elder? How does the headman of the 21st century differ from the headman of the times, for example, of Tsarist Russia?
First, the village chief must be good manager. Secondly, this is a person who unites the desires of the people with the capabilities of the administration. And everyone's questions are similar. For example, a person comes and says: “Our street lamp doesn’t work.” And there can be 10–15 such questions a day. That is, 15 people will stand in line at the local administration every day. To prevent crowds, a headman is needed. He will listen to everyone, divide the questions by topic and bring them up for discussion directly with the head of the administration. The headman needs to delve into a variety of issues - from knowledge about the crushed stone fraction to an understanding of how the authorities work.
I can tell people where to go. Everyone thinks that the administration owes them something. And when we start to figure it out together, it turns out that Vodokanal is responsible for one thing, and Lenenergo for another. As a result, it becomes easier for both the administration and the people.
- Give an example - what do people come to you with?
We defend interests large families, disabled people, elderly people, we introduce separate waste collection, we help administrations organize cleanup days, holidays, and elections. We participate in road repairs, installation of hydrants, coordinate snow removal in winter, notify residents about emergency situations... You can, of course, approach your responsibilities more simply, but I think that then there’s no point in starting.
- At the same time, elders mainly work on a voluntary basis. What motivates you?
According to the law, payment for the work of the headman is possible. But I don't receive a salary. Why did you become a prefect? Because five years ago I moved from the city to the village. I live here, my children go to school here. And I would like the living conditions in my beloved village to be as close as possible to those in the city. I am ready to try for myself and for my neighbors.
- How were you chosen?
At the end of 2014 there was a villagewide meeting. People raised their hands, we counted the votes, and I won. People apparently thought that I was young and had legal education and I will be useful to them.
- Is it possible to remove the headman from his position?
Certainly. Everything happens in the presence of the head of the administration, with a protocol drawn up. Residents' complaints are heard. And if the people want to re-elect their representative, so it will be.
- You are the headman of not one, but three villages at once. How are you coping?
There are no particular problems with this. I have assistants among the residents of all three villages. There is also a public council consisting of three people. Together we quickly resolve the most pressing issues.
Surely it can't do without conflicts? Do they always listen to you, given that the headman is a public position?
I believe that the headman should not participate in any gossip or conflicts. But it also happens that people do not trust anyone, but only trust the elder. I had one such grandmother. Her problem was solved, and since then she always says hello to me.
If we take a relatively close area - housing and communal services, the creation of homeowners' associations - there is always a kind of struggle for power going on there. Even within one house, but there are three villages...
Our power is relative. If we are talking about a big salary, some benefits, then we don’t have any of that.
Can a headman only be a person permanently residing in the village or, for example, a city dweller who spends the summer here or comes for the weekend?
There are no such strict requirements by law. But personally, I believe that only the one who permanently lives here and faces these people and their problems 24 hours a day should become a headman. For example, they can call me in the middle of the night and say: “Marina Sergeevna, we have no tension!”
- To what extent have elders taken root in the Leningrad region and is it worth expanding this practice throughout the country?
I think this institute has shown its effectiveness, and it should be implemented everywhere. This will save both residents and authorities from many problems - in fact, unnecessary problems that exist now.
IN full compliance from 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 budget revenues municipality. 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;
- obligation of the municipality to submit to the main manager budget funds roadmap on the effectiveness of using 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;
- the obligation of the municipality to submit reports on local budget expenditures to the regional committee for local self-government, source financial security which the subsidy is, and achieving the target performance indicators for 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 parts of the 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 came down to three main points: legal definition the concept of “elder”, the range of responsibilities and rights of the elder, and the remuneration of 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. A part is meant as a separate settlement within a municipality 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 to the headman 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 financial support activities of elders. 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’s work every quarter, and the district budget takes on an annual subscription to the local newspaper and a limit on the use of a mobile communication device.
Concluding the review of different opinions that preceded the adoption of the regional law, it must be emphasized that it included only those problems of the legal status of elders that 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?
“It’s six villages away from the warehouse,” 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 share the cost savings?
“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, the salary will be less per villager by ten thousand. 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 decline. 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 tsukru and pass it through a company of soldiers, then the rest will not lose anything. That's it. As soon as you know where and how money is spent, 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, with 50 preschool children. Everything is 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 are circulating 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 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 - 388 2 (Kyptivska, Vovchkivska, Novoshlyakhivska, Olbinska, Pidlisnenska, Progressivska), Parafiivska - 6023 (Parafivska, Petrushivska, Ivanitska, Martinivska, Yuzhnenska).
Viktoria Tovstonog, sweatshirt “Visnik Ch” No. 42 (1536)
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 village elders will henceforth include convening village meetings, considering issues related to the needs of society, monitoring the condition of roads, courtyard areas and state property. As a representative of the interests of residents of a particular settlement the headman must personally knock on the doorsteps of city governors in order to convey to them information about the needs of farmers, benefit recipients, 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 - their work requires material incentives or should be free of charge. " Legal status village headman, the procedure for his election and interaction with state authorities and local government will be established by the regulatory legal acts of the municipality,” Kostomarov emphasized.
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