A.Yu. Bliznevsky, professor, Ph.D., Honored trainer of the RF
Siberian Federal University, Krasnoyarsk

Keywords: Law on Physical Culture and Sport, regulatory and legal framework, executive authorities, public services, targeted programs.

Introduction. Russia is a Federation, where federal and regional laws operate. Legislation in the field of physical culture and sport within the territorial entities of the RF should consistently form a regional concept of management and solution of its main tasks.

In addition, laws and other normative-legal acts of the territorial entities of the RF, as well as municipal regulations, shall not contravene the Federal Law [8].

The purpose of the study was to determine the main legislative acts and normative-legal documents regulating physical and sport activities at the regional level.

Results and discussion. The regional state executive authority of the Krasnoyarsk territory is the Ministry of Sport, Tourism and Youth Policy of the Krasnoyarsk territory, approved by decree of the Government of the Krasnoyarsk territory on September 9, 2008, № 81-p. It is to carry out its activities under the Constitution of the RF, the Federal Laws and other normative-legal acts of the RF, the Charter of the territory, the Laws of the territory, the legislative and regulatory acts of the Governor of the territory and the Government of the territory [5]. In terms of physical culture and sport these regional public authorities take direct charge of:

- normative-legal regulation and development of public policy;

- provision of public services, management and disposition of public property;

- coordination and control over the executive authorities of the territory under its jurisdiction.

In order to exercise these powers the Ministry needs to navigate both federal and regional public authorities and local government bodies, institutions, enterprises, citizens of the territory [3].

In 2001, the Legislative Assembly of the territory enacted the Law of the Krasnoyarsk territory "On Physical Culture and Sport in the Krasnoyarsk territory" [1]. The main aim of the Law was to ensure that necessary conditions were in place for development of mass and individual forms of sports and health activities in institutions, enterprises, and organizations irrespective of their legal organizational forms or types of ownership, among all population categories of the territory. This document, made of 5 paragraphs and 20 articles, was put in force on December 7, 2001. It has been amended throughout 9 years of follow-up, which ensured adjustment of its format (there is no chaptering of the articles) and partially of its content. Based on the new version [2] the Territorial Branch Law was approved on December 21, 2010.

To ensure that the powers of the state government bodies in the field of physical culture and sport of the territorial entities of the RF are exercised, as provided for in the legislation of the RF, they are set a government task to the period of adoption of the budget - a document imposing requirements on the scope, quality and (or) range, terms, procedure for rendering and deliverables of public services, performance of public institutions.

Public services must be provided in compliance with the quality standard set by the Law of the Krasnoyarsk territory "On quality standards for public services" [4] of July 10, 2007, № 2-392. In addition to this document, they developed a field-specific order of the Administration of the Krasnoyarsk territory "On approval of quality standards for public services in the field of physical culture and sport" of June 26, 2007, № 249-p, last amended on January 24, 2011, № 25-p.

The state guarantee for the development of physical culture and sport in the Krasnoyarsk territory is based on public funding, carried out at the expense of the federal and territorial budgets, as well as the municipal budgets. The concept of restructuring of the RF budgeting for 2004-2006, approved by decree of the Government of the RF on May 22nd, 2004, № 249, made provision for consolidation of the role of the targeted programs.

By their types the targeted programs are divided into long-term, departmental and federal, in accordance with the current budget legislation.

The long-term targeted programs provide solutions to the intermunicipal (at the level of the territorial entity of the RF), intergovernmental problems, which cannot be solved in terms of current activities of the budget planning entities, as well as for the purpose of achievement of the strategic territory development guidelines, ascertained by the documents of economic and social planning. The long-term targeted program should be implemented for at least 3 years. The list of the long-term targeted programs of the Krasnoyarsk territory, subject to funding this year, includes 53 items with the Ministry of Sport, Tourism and Youth Policy of the Krasnoyarsk territory among them being the direct state customer of the long-term targeted program "From large-scale involvement to mastership" and one of the chief budget holders and executor of the measures within the long-term targeted program "Gifted children of the Krasnoyarsk territory".

The departmental targeted program is focused on fulfillment of a purpose (task) of a specific department and for the most part reflects department-specific activity from the program perspective. It is a set of measures that are interconnected as to their resources, executors and duration, and which are realized by the chief budget holder and provide for achievement of the tasks and objectives of development of a particular sector. The measures of the departmental targeted program shall not coincide with the measures of long-term targeted programs.

Departmental targeted programs are developed for the ensuing financial year and target period. In 2014, there were more than 20 ongoing departmental targeted programs in the Krasnoyarsk territory, of which sports and health field was developed owing to realization of the departmental targeted program "Development of physical culture and sport in the Krasnoyarsk territory for 2013-2015'', approved by the decree of the Government of the Krasnoyarsk territory on April 16, 2013, № 264-r.

Along with the long-term and departmental targeted programs, the governing bodies of physical culture and sport of the Krasnoyarsk territory are to be directly involved in the measures within the Federal Targeted Program "Development of physical culture and sport in the RF for 2006-2015" to the extent concerning its realization in the territory [7]. The core measures are related with development of mass sports in educational institutions and at the place of residence of the citizens, organization of physical culture and sport promotion, funding of sports infrastructure modernization. That is why, in order to support such objectives of the governing bodies of physical culture and sport in the territory as establishment of the new, modernization and managing of the current sport bases, training centers for national teams of the territory, sports and health and sport engineering facilities, the funds stipulated by the program can be raised.

Among the tasks of the Ministry of Sport, Tourism and Youth Policy of the Krasnoyarsk territory are: design, development and periodical updating of the targeted programs of the territory and formation of the request to be included in the measures of the federal targeted programs for the purpose of implementation of the plans of development of physical culture and sport in accordance with the socio-economic conditions of the region.

As far as development of the sports and health sector in municipal entities is concerned, the Federal Law of the RF of October 6, 2003, № 131-FL"On general principles of organization of local government of the Russian Federation" provides delineation of responsibilities between the municipal and regional authorities. According to the law, the state government bodies of the territorial entities of the RF allow statutory regulation only, performance of executive-administrative and control functions in relation to municipal entities and local government bodies in cases and according to the procedure established by the Constitution of the Russian Federation and federal constitutional law, municipal regulations in default.

Each municipal entity has its budget (local budget). Budgeting, approval and administration of the local budget, as well as control over its administration, are exercised solely by the local government bodies in compliance with the requirements imposed by the Budget Code of the RF, Federal Law № 131-FL (Article 52), as well as the laws of the territorial entities of the RF statutorily enacted.

In the local budgets revenues are provided, used to exercise the powers of the local government bodies concerning solution of local problems, and subventions, granted to ensure exercise by the local government bodies of particular state powers, delegated by the federal laws and laws of the territorial entities of the RF. Moreover, the legislation of the RF warrants equalization of the level of fiscal capacity of residents by means of granting out of the regional fund of financial support of the residents, as part of the budget expenditure of the territorial entity of the RF. The budget of the municipal district and the set of budgets of the residents, being part of the municipal district, form the consolidated budget of the municipal district.

The local government bodies and municipal institutions authorized by them are by themselves the customers of works and services related to solution of local problems and exercise of particular state powers, including the field of physical culture and sport. They establish, reorganize and liquidate municipal institutions of physical culture and sport, can impose local tax deductions in conformity with the law, affect budgetary financing. Hence, the level of development of the sports and health sector of municipal education directly depends on decisions of the local authorities. Herewith, the Ministry of Sport, Tourism and Youth Policy of the territory is responsible for design and approval of promotion programs for physical culture and sport in the municipal entities, is intended to exert control over compliance of the activities of the municipal institutions of physical culture and sport with legislation.

Public services are financed under the terms of the normative standards approved by the decree of the Governor of the Krasnoyarsk territory on January 14, 2008, №1-ug "On approval of financing standards of the territory health and fitness and mass sports events, including sports competitions and training camps within the schedule of health and fitness and mass sports events", which are occasionally amended allowing for inflation, rise in prices, wage tariffs and rates [6]. They form the basis for planning the amount of financing in the field of physical culture and sport within the budget of the corresponding level.

The executive authorities of the territory, that provide public services, territorial public institutions, other legal entities are to provide the citizens with available and precise information, including the data on the name of the executive authority of the territory, the territorial public institution, other legal entity, its location, work pattern, list of public services they provide. The same holds true for the municipal authorities. Projects, decisions on approval, annual and quarterly reports on local budget execution, with an indication of actual expenses involved in financial allowance, are subject to official publication.

Official documents and other information materials should be published in such newspapers as "Vedomosti vysshikh organov gosudarstvennoy vlasti Krasnoyarskogo kraya” (English: “State paper of higher bodies of state authority of the Krasnoyarsk territory", "Nash Krasnoyarskiy kray (English: “Our Krasnoyarsk Krai"), as well as the web portal of the Government of the Krasnoyarsk territory and the territorial sports portal. Besides, the list of focus areas of the governing bodies of physical culture and sport includes collaboration with the state and other mass media concerning promotion of physical culture and sport according to the procedure established by the federal law on mass media and the corresponding law of the territory.

Conclusion. The study of the regulatory and legal framework of the Krasnoyarsk territory in the field of physical culture and sport has revealed three fundamental documents:

- the Federal Branch Law "On physical culture and sport in the Russian Federation"  (Articles 8, 9, 13) – December 4, 2007, № 329-FL last amended on June 23, 2014, № 170-FL (first version dated April 29, 1999, № 80-FL);

- the Territorial Branch Law "On Physical Culture and Sport in the Krasnoyarsk territory" – of December 7, 2001, № 16-1636 last amended on December 21, 2010, № 11-5566;

- the Regulations on the Ministry of Sport, Tourism and Youth Policy of the Krasnoyarsk territory, approved by the Decree of the Government of the Krasnoyarsk territory – оf July 13, 2009, № 361-p. last amended on March 04, 2014 (first version dated September 09, 2008, № 81-p).

Besides them, several dozens of other territorial documents have been drawn up and approved based on the federal regulatory and legal framework - decrees of the Governor of the territory, regulations and executive orders of the Government of the territory, orders, statutes and official letters of the Ministry of Sport, Tourism and Youth Policy of the territory, charters of voluntary and state organizations. The content and status of these normative-legal documents give the necessary authority to the regional governing bodies of physical culture and sport for the purpose of more effective development of the sports and health sector in the territory, enable to realize the state policy in this direction.

References

1. Zakon Krasnoyarskogo kraya «O fizicheskoy kul’ture i sporte v Krasnoyarskom krae» ot 7 dekabrya 2001 g. № 16-1636 (The Law of the Krasnoyarsk Territory "On Physical Culture and Sport in the Krasnoyarsk territory", December, 7 2001 № 16-1636) // Krasnoyarskiy rabochiy. – 2001. – Dec., 26. – № 241. or [electronic resource]. – Available at: http://www.sobranie.info/lawsinfo.php? UID=8445 (In Russian)
2. Zakon Krasnoyarskogo kraya «O fizicheskoy kul’ture i sporte v Krasnoyarskom krae» ot 21 dekabrya 2010 g. № 11-5566 (The Law of the Krasnoyarsk Territory "On Physical Culture and Sport in the Krasnoyarsk territory", December, 21 2010 № 11-5566 // Vedomosti vysshikh organov gosudarstvennoy vlasti Krasnodarskogo kraya. – 2010. – Dec., 29. – № 68 (439). – P. 74–79.
3. Zakon Krasnoyarskogo kraya «O Pravitel’stve Krasnoyarskogo kraya i inykh organakh ispolnitel’noy vlasti Krasnoyarskogo kraya» ot 10 iyulya 2008 g. № 6-1930 (The Law of the Krasnoyarsk Territory "On the Government of the Krasnoyarsk Territory and other executive bodies of the Krasnoyarsk Territory", July, 10 2008 № 6-1930) // Vedomosti vysshikh organov gosudarstvennoy vlasti Krasnodarskogo kraya. – 2008. – July, 14. – № 35 (256).
4. Zakon Krasnoyarskogo kraya «O standartakh kachestva okazaniya gosudarstvennykh uslug» ot 10 iyulya 2007 g. № 2-392 (The Law of the Krasnoyarsk Territory "On quality standards for public services", July, 10 2007 № 2-392) // Vedomosti vysshikh organov gosudarstvennoy vlasti Krasnodarskogo kraya. – 2007. – 30 July. – № 36 (188).
5. Polozhenie o Ministerstve sporta, turizma i molodezhnoy politiki Krasnoyarskogo kraya: utv. Postanovleniem Pravitel’stva Krasnoyarskogo kraya ot 9 sentyabrya 2008 g. № 81-r (Regulations of the Ministry of Sport, Tourism and Youth Policy of the Krasnoyarsk Territory: decl. by the Decree of the Government of the Krasnoyarsk Territory, September, 9 2008 № 81-p) // Vedomosti vysshikh organov gosudarstvennoy vlasti Krasnodarskogo kraya. – 2008. – Sept, 9. – № 46 (267). or [electronic resource]. - Available at: http://www.regionz.ru/index.php?ds=119033
6. Ukaz Gubernatora Krasnoyarskogo kraya «Ob utverzhdenii normativov finansirovaniya kraevykh fizkul’turno-ozdorovitel’nykh i sportivno-massovykh meropriyatiy, v tom chisle sportivnykh sorevnovaniy i uchebno-trenirovochnykh sborov, vklyuchennykh v kalendarny plan kraevykh fizkul’turno-ozdorovitel’nykh i sportivno-massovykh meropriyatiy» ot 14.01.2008 № 1-ug (Decree of the Governor of the Krasnoyarsk Territory "On approval of the financing standards of the territory fitness and sports and mass sports events, including sports competitions and training camps within the schedule of fitness and sports and mass sports events, 14.01.2008 № 1-ug) [electronic resource]. - Available at: http://www.krskstate.ru/docs/0/doc/ 2169
7. Federal’naya tselevaya programma «Razvitie fizicheskoy kultury i sporta v Rossiyskoy Federatsii na 2006–2015 gody» (The Federal Target Program "Development of physical culture and sport in the Russian Federation for 2006-2015") / Federal’noe agentstvo po fizicheskoy kul’ture i sportu: sb. ofitsial’nykh dokumentov i materialov (Federal Agency for Physical Culture and Sport: Collected official documents and materials). – 2006. – № 2. – Moscow: Sovetsky sport, 2006. – P. 10–54.
8. Federal’ny zakon ot 04.12.2007 № 329-FZ «O fizicheskoy kul’ture i sporte v Rossiyskoy Federatsii» (The Federal Law of 04.12.2007 № 329-FL "On Physical Culture and Sport in the Russian Federation") // – Dec., 8 2007; Ros. gazeta. – 23 June; 2014.

Table 1. Article of the Law "On physical culture and sport in the Krasnoyarsk territory" of December 21, 2010, № 11-5566

Тable 2. List of public services in the field of physical culture and sport, provided to the population of the Krasnoyarsk territory from territorial budget resources

Abstract.

A new regional concept of the progressive development of the physical culture and sports industry has been consistently generated by the law-making activity in the Krasnoyarsk territory over the past 14-15 years. The Federal Branch Law "On physical culture and sport in the Russian Federation" (1999) laid the basis of this formation. Based on this law the territorial branch law "On Physical Culture and Sport in the Krasnoyarsk territory" (2001) was drafted and approved. Later, in 2008, by the decree of the Government of the Krasnoyarsk territory the Regulations on the Ministry of Sport, Tourism and Youth Policy of the Krasnoyarsk territory were approved. These documents laid the basis of several dozens of decrees of the Governor of the territory, resolutions and orders of the Government of the territory, the content and status of which confer all the necessary authority to regional governments of physical culture and sport for the dynamic industrial development of the territory and ensure the implementation of the state policy in this area.

The main objectives of regional public authorities in terms of physical culture and sport are: legal regulation of the public policy of the executive authorities of the territory under its authority, provision of public services, management and disposition of public property. The state guarantee for the development of physical culture and sport in the Krasnoyarsk Territory is public funding, carried out at the expense of the federal and territorial budgets and the municipal budgets, which is realized according to the developed standards approved by the decree of the Governor of the Krasnoyarsk territory.

Although, the state government bodies of the territorial entities of the RF allow only statutory regulation and performance of executive-administrative and control functions in relation to municipal entities and local government bodies, they are able to equalize the level of fiscal capacity of the residents by means of subventions, grants out of the regional fund, as well as the funds of the long-term, departmental and federal targeted programs.

Corresponding author: bliznevsky58@mail.ru