The organization of the local government in germany and adapting the german experience to the russian reality

The article represents a short review of main approaches to the formation of legal basis and establishing the competence of the local government in Germany, from this it follows that, despite the absence of special legal regulation on the federal level, not only the right for existence is guaranteed to the local government in all the federal territories but, its independence and the necessary scope of competence and proper functioning are provided as well. The example of a territorial organization shows that the federal territories to a considerable extent take into account not only economic and management efficiency but also such factors as traditions, self-identification of the population, etc. Thus, we come to a conclusion that the local government efficiency is measured as the integral value, the result of the multifactor influence, and because of this the formation of the LG territorial basis cannot be limited only to the economic (management) efficiency. In conclusion, on the basis of the comparison with the Russian legislation and practice the author insists that despite the common opinion that the reform of the local government in Russia is an attempt to reproduce the German practice in the Russian land, it is not true. As well as the statement, that the German pattern of the local government is unsuitable for Russia because the pattern has not been yet studied carefully up to now. The pattern itself is multivariable. However, unshakable should be the basic principles of the local government - inviolability and independence of the local government, its organizational isolation, democracy and subsidiarity.