Organs local government are elective and, according to the law, are chosen by the inhabitants of a particular locality in referendums, elections or other forms of voluntary civil will. The population, together with the elected authorities, solves various issues of local and regional significance.
The system of local self-government bodies is such that representatives of these bodies were elected by citizens of municipalities (villages, villages, district centers, cities, regions, etc.), it is the citizens who are in local self-government primary actors, and the organs themselves are secondary. That is, if the people elected the head of the village administration, and he, in the opinion of the citizens, does not cope with the duties assigned to him, violates the law, committing any illegal actions, the voters have the right to demand that this official be removed from his post and replaced with a more suitable one candidacy.
The self-government structure consists of the following elements:
. head of the formed municipality;
. local administrative executive and administrative body;
. the control authority of the municipality;
. other departments of the working apparatus, which are provided for in the administrative charter and have their own powers in resolving issues on the ground.
Mandatory in this structure are a representative body, leaders municipalities, as well as local administration. Information about the order of formations, about the powers and terms, accountability, controllability of bodies local authorities, other organizational issues and issues related to the activities of these bodies should be recorded in the charters of municipalities and regulated by them. The names of representative bodies, heads of the municipality, as well as heads of the local administrative apparatus in charge of executive and administrative functions, are established by the law of the subject of the Russian Federation, depending on local traditions, historical and other factors.
The structure of local self-government bodies can be changed if any changes are made to the municipal charter itself. The decision to change will come into force when the term of office of that representative expires. municipal government who made this decision.
They are on the budget of municipalities and are financed by funds received from local revenues. All this is also documented in the charter and other legal documents, provisions that regulate the activities of local authorities.
According to current legislation, the structure of local self-government bodies consists of representatives elected by the population itself, and persons elected by local authorities self-government. There are some similarities between self-government bodies and bodies exercising power in the state. Both those and others are representatives of the authorities, endowed, according to the law, with a number of powers, have the right to issue legal acts that are binding, to ensure this execution by some coercive measures. This similarity is explained by the fact that these bodies personify the power of the people.
The difference between them is that in the first case, power is exercised purely at the level of municipalities, and in the second - at the state level with all its inherent scale, specific methods.
The structure of local self-government bodies includes not only bodies as such, but also persons elected or working for employment contract(contract), having executive and administrative powers in resolving issues on the ground or on organizational issues of the activities of local authorities. Officials are not considered civil servants.
The structure of local self-government consists of and executive. Representative bodies are elected, they are engaged in identifying interests and needs local population and develop, outline the ways of further development of municipalities. their plans and decisions are executive bodies, which are both elected and permanent.
In each municipality, as a rule, there are several types of local governments and local government officials. Being separated, they do not act chaotically, but systematically, that is, in an order determined by the procedures for their formation, mutual arrangement and relationships that ensure the achievement of common goals.
Local government system is a set of representative, executive-administrative and other elected and appointed bodies of local self-government and officials, united common goals and tasks to resolve, within their powers on the territory of the municipality, issues of local importance and part of state affairs transferred to them in accordance with the Constitution of the Russian Federation, federal laws and laws of the constituent entities of the Russian Federation, based on the interests of the population of the municipality, national, historical, cultural and other local traditions.
Any system, regardless of what objects or phenomena make up its content, is characterized by a certain structure, i.e. “the presence of links between elements and the appearance in an integral system of new properties that are not inherent in elements separately. Communication, integrity and the stable structure caused by them - these are features any system."
The structural aspect of the system of local self-government bodies is that all municipal bodies form a single whole, divided according to the content of the tasks into the corresponding interrelated parts.
In accordance with Part 1 of Art. 131 of the Constitution of the Russian Federation the structure of local self-government bodies is determined by the population independently about. What exactly is meant by the structure of local self-government bodies in the Constitution Russian Federation, not specified.
There is an opinion in the scientific community that, in relation to the totality of local government bodies, it is necessary to apply the concept of "system", and the concept of "structure" - to certain of its bodies, due to which the population should determine not the structure, but the system of local government bodies, which should be fixed in charter of the municipality, while the structure of these bodies should be determined by the representative bodies and heads of municipalities.
The term "system" is used in Russian legislation in relation to the organization of authorities in the traditional interpretation. Usually, a system (from the Greek. Systema - a whole made up of parts, a connection) is understood as “4. form of organization, arrangement of something; 5. device, structure, which is a unity of regularly arranged, mutually connected parts; 8. a set of any elements, units, parts, united by a common feature or purpose”, “1. a set of naturally interconnected elements (objects, phenomena, processes, principles, views, theories) that form a certain integrity, unity.
The term “structure” (from the Latin Structura – location, order) is also used unambiguously in regulatory legal acts and it is commonly understood as “1. relationship and connection constituent parts something; structure; 2. device, organization”, “2. a set of stable connections of an object that ensure its integrity and identity to itself, i.e. preservation of basic properties under various external and internal changes.
In these meanings, these terms are used in the normative act of the highest legal effect- The Constitution of Russia: Art. 12, paragraph "g" Art. 71, paragraph "n" Art. 72, art. 77 the term " system authorities", and in Art. 112 - " structure authorities". In development constitutional norms Federal constitutional law of December 17, 1997 No. 2-FKZ "On the Government of the Russian Federation" delineates the powers to form a system and structure federal bodies executive power. In accordance with part 3 of Art. 32 "The President of the Russian Federation in the event of a change in the prescribed manner systems and structures federal executive bodies before the adoption of federal laws on the introduction of appropriate amendments to federal laws may redistribute the functions of federal executive bodies established by federal laws”, and Part 2 of Art. 24 empowers the Chairman of the Government of the Russian Federation to “submit proposals to the President of the Russian Federation on structure
The terminology is unambiguous in Art. 17 of the Federal Law of October 6, 1999 No. 184-FZ "On general principles organizations of legislative (representative) and executive bodies state power subjects of the Russian Federation". Part 1 of this article provides that in the subject of the Russian Federation system executive authorities, and part 4 - what structure executive bodies of state power of the constituent entity of the Russian Federation shall be determined by the highest official of the constituent entity of the Russian Federation.
Clause 1 of the Decree of the President of the Russian Federation of March 9, 2004 No. 314 "On system and structure federal executive authorities" establishes that "in system federal executive bodies are federal ministries, federal services and federal agencies. modern structure federal executive bodies formalized by Decree of the President of the Russian Federation dated May 21, 2012 No. 636 “On structure federal executive authorities.
This issue became the subject of study of the Constitutional Court of the Russian Federation. So, when explaining the concepts "system of federal executive bodies" and "structure of federal executive bodies" constitutional Court The Russian Federation gave an official interpretation that the system of federal executive bodies includes the Government of the Russian Federation, as well as ministries and other federal executive bodies, which are determined on the basis of the Constitution of the Russian Federation, Federal Constitutional Law of December 31, 1997 No. 3-FKZ "On Government of the Russian Federation” and other federal laws. The concept of "structure of federal executive bodies" includes a list of specific bodies that are part of the system of federal executive bodies and ensure the implementation by the Government of the Russian Federation of the powers assigned to it.
We believe that in parts 1 and 6 of Art. 34 of Federal Law No. 131-FZ, the term "structure of local governments" is used precisely in the meaning of "list of local governments." So, the concept of the structure of "local self-government bodies" includes a list of specific bodies included in the system of local self-government bodies. Such a list is determined by the population of the municipality independently and is fixed in the charter of the municipality.
In accordance with Part 5 of Art. 34 of Federal Law No. 131-FZ, the structure of local governments in the event of the creation of a newly formed municipality in inter-settlement territories or in the event of the creation of a newly formed municipality by transforming an existing municipality is determined by the population:
1) at a local referendum (in a municipality with no more than 100 residents with the right to vote - at a gathering of citizens) or
2) representative body municipality and is fixed in the charter of the municipality.
The holding of a local referendum or a gathering of citizens on the issue of determining the structure of local self-government bodies of a newly formed municipal formation is provided by state authorities of a constituent entity of the Russian Federation if there is a corresponding initiative of the inhabitants of the newly formed municipal formation. In the absence of such an initiative, the structure of the municipal authorities is determined by the representative body of the newly formed municipality after its election.
Despite the controversy of such a prescription regarding its compliance with the Constitution of the Russian Federation, such a solution to the issue of the structure of municipal authorities can be considered quite successful. Thus, Federal Law No. 131-FZ provides a guarantee of determining the structure in the absence of the activity of the population in resolving this issue.
Note that the population cannot directly develop the structure of local self-government bodies. The need to include certain bodies in it should be justified taking into account the order of their interaction and relationships in general, as well as taking into account the costs that will be required for the maintenance of these bodies. In any case, the projects of the structure are drawn up by a special working group (or several working groups), and its possible options are already determined by the population of the municipality.
In our opinion, we cannot agree with E.V. Miroshnichenko that the population independently determines both the structure of local self-government bodies and the internal structure of each of these bodies. If we follow this interpretation, it turns out that in each case the changes internal organization a separate body local self-government (and it can change quite often in order to most effectively implement their powers by the bodies), it is necessary to organize a referendum. The organization of a referendum is a long and laborious process, requiring certain financial costs and material support. Federal Law No. 131-FZ of October 6, 2003 determined, for example, that the structure of the local administration is approved by the representative body of the municipality on the proposal of the head of the local administration (Part 8, Article 37). The internal structures of other bodies of local self-government, in the event of their formation, must be determined in the manner prescribed by the charter of the municipality (part 3, article 34). Thus, given that, according to Federal Law No. 131-FZ of October 6, 2003, the charter of a municipal formation is adopted exclusively by the representative body of the municipal formation (Part 10, Article 35), the population cannot participate in the approval internal structures each specific local government. The population determines the list of local governments that make up the structure in a particular municipality.
This provision is consistent with Art. 6 of the European Charter of Local Self-Government, which prescribes that “local authorities should be able, without violating more general legislative provisions, to determine their own internal administrative structures which they intend to create, so that they meet local needs and ensure effective management.
Part 1 Art. 34 of Federal Law No. 131-FZ determines that the structure of local governments is :
1) the representative body of the municipality,
2) the head of the municipality,
3) local administration (executive and administrative body of the municipality),
4) control and accounting body of the municipality,
5) other bodies and elected officials local self-government, provided for by the charter of the municipality and having their own powers to resolve issues of local importance.
Moreover, the presence in the structure of local self-government bodies of a representative body of the municipality, the head of the municipality, the local administration (the executive and administrative body of the municipality) is mandatory, with the exception of cases provided for by Federal Law No. 131-FZ.
Federal Law No. 131-FZ also provides for several models of organizing the structure of local governments .
BUT) the head of the municipality, elected by the population in municipal elections, heads the activities of the local administration; The representative body of the municipality operates under the leadership of a chairman elected from among the deputies.
B) the head of the municipality elected by the population in municipal elections is a member of the representative body of the municipality and is its chairman; the local administration is headed by the head (city manager) appointed to the position under a contract concluded as a result of a competition for filling the position of the head of the local administration.
AT) the head of the municipality elected by the representative body of the municipality is its chairman; the local administration is headed by the head (city manager) appointed to the position under a contract concluded as a result of a competition for filling the position of the head of the local administration.
G) elected at a gathering of citizens exercising the powers of the representative body of the municipality, the head of the municipality heads the activities of the local administration.
D) the charter of a municipal formation having the status of a rural settlement, an intra-city municipal formation of a city federal significance may provide for the formation of an executive and administrative body headed by the head of the municipality, acting as chairman of the representative body of the municipality.
The procedure for formation, powers, term of office, accountability, accountability of local governments, as well as other issues of organization and activities of these bodies are determined charter of the municipality.
The names of the representative body of the municipal formation, the head of the municipal formation, the local administration (the executive and administrative body of the municipal formation) must be established by the law of the subject of the Russian Federation, taking into account historical and other local traditions.
Below is a table of names of municipalities in accordance with the Law of the Nizhny Novgorod Region of May 6, 2005.
| Nizhny Novgorod Region | name of representative bodies of municipalities | names of heads of municipalities | name of the executive and administrative bodies of municipalities |
| municipal district | Zemstvo Assembly | administration | |
| city district | City Duma, Council of Deputies | Mayor, Mayor of the city, head of local government | |
| urban settlements - cities of regional significance | City Duma | head of local government, head of city | |
| urban settlement - workers' settlement | village council | head of local government | |
| rural settlement | the village council |
So, for example, in the Rostov region, the following names are established for local self-government bodies of rural settlements: meeting of deputies of the settlement, head of the settlement and administration, and for local self-government bodies of municipal districts: meeting of deputies of the municipal district or district meeting of deputies, head of the municipal district, administration.
The legislators of Kamchatka solved the issue of naming local self-government bodies in a peculiar way. There, for each municipal district, an individual law has been adopted. So, in the Laws of the Kamchatka region "On the names of local government bodies of the Bystrinsky district and rural settlements that are part of it" and "On the names of local government bodies of the Milkovsky district and rural settlements that are part of it" dated March 5, 2005, the representative body of Bystrinsky district is called the Duma, and Milkovsky - the Council of People's Deputies. The names of other organs are the same. For the district, this is the head and administration, for rural settlements - the Assembly of Deputies, the head and administration.
A change in the structure of local self-government bodies is carried out only by amending the charter of the municipality. Amendments and additions made to the charter of a municipal formation and changing the structure of local self-government bodies shall enter into force no earlier than upon the expiration of the term of office of the representative body of the municipal formation that made the said decision, except as expressly provided for by Federal Law No. 131 of October 6, 2003 -FZ.
Financing of expenses for the maintenance of local self-government bodies is carried out exclusively at the expense of the own incomes of the budgets of the respective municipalities.
The system of local self-government bodies should be formed in accordance with uniform principles. These include:
1) the obligatory presence of a representative body of the municipality, the head of the municipality, the executive and administrative body of the municipality;
2) independence of the local self-government body in exercising its powers;
3) accountability of the bodies and officials of the municipality to the representative body of local self-government;
4) delimitation of powers between local self-government bodies on the basis of the priority of the representative body;
5) interaction of local self-government bodies with state authorities.
Local self-government bodies, which, in accordance with the Federal Law of October 6, 2003 No. 131-FZ and the charter of the municipality, are vested with the rights of a legal entity, are municipal government institutions formed for the implementation of managerial functions, and are subject to state registration as legal entities in accordance with federal law.
The representative body of an urban settlement, municipal district, urban district has the rights of a legal entity. The representative body of a rural settlement, intracity municipal formation of a federal city may have the rights of a legal entity in accordance with the charter of the municipal formation.
The structure of local governments are:
It is mandatory to have in the structure of local self-government bodies, the representative body of the municipality, the head of the municipality, the local administration (the executive and administrative body of the municipality).
Representative body of the municipal district
Consists of the heads of the settlements that are part of the municipal district, and of the deputies of the representative bodies of these settlements, elected by the representative bodies of the settlements from their composition.
The representative body of the municipality has the rights of a legal entity. Its exclusive competence includes:
the adoption of the charter of the municipality and the introduction of amendments and additions to it;
approval of the local budget and report on its implementation;
establishing, changing and abolishing local taxes and fees in accordance with the legislation of the Russian Federation on taxes and fees;
adoption of plans and programs for the development of the municipality, approval of reports on their implementation;
determination of the procedure for managing and disposing of property owned by municipalities;
determination of the procedure for making decisions on the creation, reorganization and liquidation municipal enterprises and institutions, as well as on the establishment of tariffs for the services of municipal enterprises and institutions;
determination of the procedure for the participation of the municipality in the organizations of intermunicipal cooperation;
determination of the order of logistical and organizational support activities of local governments;
control over the execution by local governments and local government officials of the powers to resolve issues of local importance;
making a decision to remove the head of the municipality into resignation.
Head of the municipality
The head of the municipality is the highest official of the municipality. He is elected by the representative body of the municipality from among its members and performs the powers of its chairman.
The charter of a rural settlement may provide for the formation of an executive-administrative body headed by the head of the municipality, acting as chairman of the representative body of the municipality.
local administration
Executive and administrative body of the municipality. It is endowed by the charter of the municipality with the authority to resolve issues of local importance and the authority to implement certain state powers transferred to local governments by federal laws and laws of the constituent entities of the Russian Federation.
Head of local administration
The head of the local administration is the head of the municipality or a person appointed to the position of the head of the local administration under a contract concluded based on the results of a competition to fill the specified position for a term of office determined by the charter of the municipality.
The contract with the head of the local administration is concluded for a period, which is provided for by the charter of the municipal district, urban district with intracity division and cannot be less than two years and more than five years.
In addition to the head of the municipal formation, representative and executive-administrative bodies of local self-government, the charter of the municipal formation may provide for the possibility of creating a control body of the municipal formation, as well as other local self-government bodies.
According to the current federal law(Constitution of the Russian Federation, Federal Law No. 131 "On the General Principles of Organization of Local Self-Government in the Russian Federation"), the presence of elected bodies of local self-government of municipalities is mandatory.
Turning to the concept of local self-government, first of all, it is necessary to determine what local self-government is, what character it has in the modern Russian state.
According to the law directly regulating local self-government in the Russian Federation, local self-government is one of the foundations of the constitutional system of the Russian Federation, is recognized, guaranteed and implemented throughout the territory of the Russian Federation. Federal Law "On the general principles of organizing local self-government in the Russian Federation" dated October 6, 2003 No. 131, - Article 1.1
Local self-government in the Russian Federation is a form of exercise by the people of their power, ensuring, within the limits established by the Constitution of the Russian Federation, federal laws, and in cases established by federal laws, by the laws of the constituent entities of the Russian Federation, an independent and under their own responsibility decision by the population directly and (or) through bodies local self-government issues of local importance based on the interests of the population, taking into account historical and other local traditions Municipal management: a dictionary-reference book. Saratov: PAGS, 2001 Podsumkova A.A., Rakevich I.V.
Professor A.A. Podsumkova gives in the dictionary the following interpretation of the concept of local governments Fundamentals of the organization of municipal government: tutorial/ S.Yu. Naumov, A.A. Podsumkov. - M.: FORUM, 2009. - 352 p. - (Professional education):
Local self-government bodies are elected and other bodies, empowered to resolve issues of local importance and not included in the system of state authorities.
The separation of local self-government bodies from the system of state authorities means their structural and organizational separation, but not functional. Local self-governments are independent only within the limits of powers determined by state authorities.
The Federal Law "On the General Principles of Organizing Local Self-Government in the RFFZ" On the General Principles of Organizing Local Self-Government in the Russian Federation "dated 6 October 2003 - hereinafter referred to as the Law" provides a list of local self-government bodies, which are enshrined in Article 34 of Chapter 6 of this Law.
According to this article, the structure of local governments is:
local administration (executive and administrative body) of the municipality,
control body municipality,
other bodies and elected officials of local self-government provided for by the charter of the municipality and having their own powers to resolve issues of local importance.
The law contains a list binding bodies included in the structure of local government, which in without fail must be in the municipality. These are:
representative body of the municipality,
head of the municipality
local administration (executive and administrative body) of the municipality.
Although this law establishes a mandatory list of bodies that each municipality must have, it does not limit the list of bodies and officials that local governments may have in their structure.
The statutes of a number of municipalities contain the following structure of local self-government bodies. The system of state and municipal government: A textbook for universities. - M. RDL Publishing House, 2005. - 592s. T.V. Gritsyuk (132):
- 1) the city duma is a representative body;
- 2) city administration - an executive and administrative body;
- 3) accounting chamber- control body;
- 4) the head of the city, who is the chairman of the city duma, is the highest official.
For small rural settlements, the law provides for the possibility of combining the functions of the head of the municipality, the head of the executive and administrative body and the chairman of the representative body of the municipality, which will save local budget funds for the maintenance of the apparatus. This structure of local self-government bodies should be enshrined in the charter of the municipality.
The number of local self-government bodies being created, their structure and scope of competence differ, as a rule, depending on the following factors: 1) the type of municipality; 2) the number of inhabitants of the municipality; 3) opportunities for socio-economic development of the municipality; 4) historical and other local traditions; 5) national customs; 6) political interests; 7) other features.
The law (in Article 34) establishes the procedure for determining the structure of local self-government bodies in the event of the creation of new municipalities and in the event of their transformation. AT this case the 2003 law establishes two ways to determine the structure of local governments:
directly: by the population at a local referendum, and in a municipality with no more than 100 residents with the right to vote - at a gathering of citizens;
indirectly: by the representative body of the municipality.
The established structure should be enshrined in the charter of the municipality, it should also reflect any changes in the structure of local governments.
According to the law (Article 34), a local referendum or a gathering of citizens on the issue of determining the structure of local self-government bodies of a newly formed municipal formation is held if there is an initiative of the inhabitants of this formation. Such an initiative must come within one month from the date of entry into force of the law of the constituent entity of the Russian Federation on the establishment of the boundaries of the newly formed municipality, and it must be put forward by a group of residents with the right to vote numbering at least 3 percent of the total number of residents of the newly formed municipality with such a right State and municipal government: lecture notes.: Higher education, 2007. - 211p..
Local governments are interconnected and represent single system, in which, according to the law of 2003, the principle of separation of powers is implemented.
Chapter 6. BODIES OF LOCAL SELF-GOVERNMENT AND OFFICIAL
PERSONS OF LOCAL SELF-GOVERNMENT
The provisions of Article 34, as amended by Federal Law No. 93-FZ of July 21, 2005, apply to legal relations arising in connection with the holding of elections and referendums scheduled after the day the said Federal Law enters into force. Legal relations arising in connection with the holding of elections and referendums scheduled before the date of entry into force of Federal Law No. 93-FZ of July 21, 2005, are governed by the norms of the relevant federal laws in the version that was in force before the date of entry into force of the said Federal Law.
Article 34
1. The structure of local self-government bodies is made up of the representative body of the municipal formation, the head of the municipal formation, the local administration (the executive and administrative body of the municipal formation), the control body of the municipal formation, other bodies and elected officials of local self-government, provided for by the charter of the municipal formation and having their own powers for resolving local issues.
2. The presence in the structure of local self-government bodies of a representative body of the municipal formation, the head of the municipal formation, the local administration (the executive and administrative body of the municipal formation) is mandatory, except for the cases provided for by this Federal Law.
The charter of a municipal formation that has the status of a rural settlement, an intra-urban municipal formation of a city of federal significance, may provide for the formation of an executive and administrative body headed by the head of the municipal formation, acting as chairman of the representative body of the municipal formation.
(the paragraph was introduced by Federal Law No. 93-FZ of 21.07.2005, as amended by Federal Law No. 281-FZ of 25.12.2008)
The charters of a municipal district and a settlement that is the administrative center of a municipal district may provide for the formation of a local administration of the municipal district, which is entrusted with the exercise of the powers of the local administration of the specified settlement. In this case, in the settlement, which is the administrative center of the municipal district, the local administration is not formed.
3. The procedure for the formation, powers, term of office, accountability, accountability of local self-government bodies, as well as other issues of organization and activities of these bodies are determined by the charter of the municipality.
The names of the representative body of the municipal formation, the head of the municipal formation, the local administration (the executive and administrative body of the municipal formation) are established by the law of the subject of the Russian Federation, taking into account historical and other local traditions.
4. Bodies of local self-government are not included in the system of state authorities.
The participation of public authorities and their officials in the formation of local self-government bodies, the appointment and dismissal of local self-government officials is allowed only in cases and in the manner established by Parts 5 and 11 of Article 37 and Article 74.1 of this Federal Law.
(as amended by Federal Law No. 90-FZ of May 7, 2009)
5. The structure of local self-government in the event of the creation of a newly formed municipality in inter-settlement territories or in the event of the creation of a newly formed municipality by transforming an existing municipality is determined by the population at a local referendum (in a municipality with the number of residents with the right to vote, not more than 100 people - at a gathering of citizens) or a representative body of the municipality and is fixed in the charter of the municipality.
(As amended by Federal Laws No. 93-FZ of 21.07.2005, No. 222-FZ of 25.11.2008)
The holding of a local referendum or a gathering of citizens on the issue of determining the structure of local self-government bodies of a newly formed municipal formation is provided by state authorities of a constituent entity of the Russian Federation if there is a corresponding initiative of the inhabitants of the newly formed municipal formation.
(As amended by Federal Law No. 93-FZ of July 21, 2005)
A local referendum on the issue of determining the structure of local self-government bodies of a newly formed municipal formation is held if, within one month from the date of entry into force of the law of a constituent entity of the Russian Federation on establishing the boundaries of the corresponding municipal formation, a group of residents of the municipal formation who have suffrage, which is formed in accordance with the procedure established by federal law and the law of the subject of the Russian Federation adopted in accordance with it on holding a local referendum. The specified group must organize the collection of signatures of residents of the municipality who have the right to vote, in an amount of at least 3 percent of their total number and submit signature lists to the election commission of the constituent entity of the Russian Federation in the manner and within the time limits established by federal law and the law adopted in accordance with it subject of the Russian Federation on holding a local referendum. The election commission of a constituent entity of the Russian Federation forms an election commission of a municipal formation that verifies the authenticity of the collected signatures, sets the date for holding a local referendum, and also exercises other powers of the election commission of the municipal formation provided for by this Federal Law, other federal laws and the laws of the constituent entities of the Russian Federation adopted in accordance with them for a local referendum. The powers of an election commission of a municipality may be vested in a territorial election commission in accordance with Federal Law No. 67-FZ of June 12, 2002 "On Basic Guarantees voting rights and the right to participate in the referendum of citizens of the Russian Federation. The powers of the local administration for the logistics of holding a local referendum are exercised by the executive body of state power of the corresponding subject of the Russian Federation.
(As amended by Federal Law No. 93-FZ of July 21, 2005)
In the absence of an initiative of citizens to hold a local referendum provided for by this Federal Law, the structure of local self-government bodies is determined by the representative body of the newly formed municipal formation after its election.
(As amended by Federal Law No. 93-FZ of July 21, 2005)
The number and term of office of deputies of the representative body of the first convocation of a newly formed municipal formation, as well as the procedure for the election, powers and term of office of the first head of this municipal formation in the absence of an initiative of citizens to hold a local referendum specified in this part, shall be established by the law of the subject of the Russian Federation.
Elections to local self-government bodies of a newly formed municipal formation must be held no later than six months from the date of its creation.
(paragraph introduced by Federal Law No. 222-FZ of November 25, 2008)
The election commission of a subject of the Russian Federation forms an election commission of a newly formed municipal formation, which calls elections to the representative body of this municipal formation and exercises other powers provided for by this Federal Law, other federal laws and the laws of the subject of the Russian Federation adopted in accordance with them elections. The powers of the election commission of a newly formed municipality may be vested in the territorial election commission in accordance with Federal Law No. 67-FZ of June 12, 2002 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation". The material and technical support for holding elections to the representative body of a newly formed municipal formation is carried out by the executive body of state power of the corresponding subject of the Russian Federation.
(paragraph introduced by Federal Law No. 222-FZ of November 25, 2008)
Prior to the formation of local self-government bodies of a newly formed municipal formation, the powers to resolve issues of local importance of the newly formed municipal formation in the relevant territories in accordance with Articles 14, 15 and 16 of this Federal Law shall be exercised by local self-government bodies, which, on the day of the creation of the newly formed municipal formation, exercised the powers to solution of local issues in these territories.
(paragraph introduced by Federal Law No. 222-FZ of November 25, 2008)
Municipal legal acts adopted by local governments, which, on the day of the creation of the newly formed municipality, exercised the authority to resolve issues of local importance in the respective territories, are valid in the part that does not contradict federal laws and other regulatory legal acts of the Russian Federation, constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation, as well as municipal legal acts of local self-government bodies of a newly formed municipal formation.
(paragraph introduced by Federal Law No. 222-FZ of November 25, 2008)
The bodies of local self-government of the newly formed municipality, in accordance with their competence, are the legal successors of the bodies of local self-government, which, on the day of the creation of the newly formed municipality, exercised the authority to resolve issues of local importance in the relevant territory, in relations with the state authorities of the Russian Federation, state authorities of the subjects Russian Federation, local authorities, individuals and legal entities. Issues of succession are subject to settlement by municipal legal acts of the newly formed municipality.
(paragraph introduced by Federal Law No. 222-FZ of November 25, 2008)
Prior to the settlement by municipal legal acts of the newly formed municipality of the issues of succession in relation to local administrations, municipal institutions, enterprises and organizations previously created by local governments, which, on the day of the creation of the newly formed municipality, exercised the authority to resolve issues of local importance in the relevant territory, or with their participation, relevant bodies of local administrations, municipal institutions, enterprises and organizations continue to carry out their activities with the preservation of their former organizational and legal form.
(paragraph introduced by Federal Law No. 222-FZ of November 25, 2008)
6. The decision on the structure of local self-government bodies of a municipal formation, adopted at a local referendum (gathering of citizens), establishes:
1) structure (list) and names of local governments;
2) the procedure for electing and powers of the head of the municipality - in accordance with Part 2 of Article 36 of this Federal Law.
7. A change in the structure of local self-government bodies is carried out only by amending the charter of the municipality.
8. The decision of the representative body of the municipal formation to change the structure of local self-government bodies shall enter into force not earlier than upon the expiration of the term of office of the representative body of the municipal formation that made the said decision.
9. Financial support The activities of local self-government bodies are carried out exclusively at the expense of their own budget revenues of the respective municipalities.
The provisions of Article 35 as amended by Federal Law No. 93-FZ of 21.07.2005 apply to legal relations arising in connection with the holding of elections and referendums scheduled after the effective date of the said Federal Law. Legal relations arising in connection with the holding of elections and referendums scheduled before the date of entry into force of Federal Law No. 93-FZ of July 21, 2005, are governed by the norms of the relevant federal laws in the version that was in force before the date of entry into force of the said Federal Law.
Article 35
1. The representative body of a municipal formation may exercise its powers if at least two thirds of the established number of deputies are elected.
1.1. The charter of the municipality determines the legitimacy of a meeting of the representative body of the municipality. A meeting of the representative body of a municipal formation cannot be considered competent if it is attended by less than 50 percent of the number of elected deputies. Meetings of the representative body of the municipality are held at least once every three months.
(part one.1 was introduced by Federal Law No. 101-FZ of June 18, 2007)
1.2. The newly elected representative body of the municipal formation gathers for the first meeting within the period established by the charter of the municipal formation, which cannot exceed 30 days from the date of election of the representative body of the municipal formation in the competent composition.
(Part one.2 was introduced by Federal Law No. 101-FZ of June 18, 2007)
2. The representative body of the settlement consists of deputies elected in municipal elections.
3. The representative body of the settlement is not formed if the number of residents of the settlement with the right to vote is no more than 100 people. In this case, the powers of the representative body are exercised by the gathering of citizens.
4. Representative body of the municipal district:
1) may consist of the heads of settlements that are part of the municipal district, and of deputies of the representative bodies of these settlements, elected by the representative bodies of settlements from their composition in accordance with the representation norm, equal regardless of the population of the settlement, determined in the manner established by this article;
2) may be elected in municipal elections on the basis of universal, equal and direct suffrage by secret ballot. At the same time, the number of deputies elected from one settlement cannot exceed two-fifths of the established number of the representative body of the municipal district.
5. The representative body of the municipal district is formed in accordance with clause 2 of part 4 of this article, unless otherwise established in the manner provided for in paragraph two of this part.
An initiative to form a representative body of a municipal district in the manner prescribed by clause 1 of part 4 of this article is formalized by a decision of the representative body of a settlement located within the boundaries of the municipal district. The decision indicates the proposed norm of representation of deputies of the representative bodies of settlements in the representative body of the municipal district, as well as the day the work of the representative body of the municipal district formed in accordance with the specified procedure begins. The day of commencement of work of this body cannot be earlier than the day of expiration of the term of office of the representative body of the municipal district, formed in accordance with clause 2 of part 4 of this article. The representative body of the municipal district is formed in accordance with paragraph 1 of part 4 of this article, if such a decision is supported by the representative bodies of at least two thirds of the settlements that are part of the municipal district within one year from the date of the relevant initiative. Decisions of the representative bodies of the settlements that are part of the municipal district on supporting the initiative to form a representative body of the municipal district in the manner prescribed by paragraph 1 of part 4 of this article shall be sent to the representative body of the municipal district. The representative body of the municipal district keeps records of the data on the consideration of the initiative to form the representative body of the municipal district in the manner provided for in paragraph 1 of part 4 of this article, and makes a decision on the results of its consideration. The decision shall indicate the representative bodies of the settlements that supported this initiative, the number of representatives from each settlement to the representative body of the municipal district, formed in the manner prescribed by clause 1 of part 4 of this article, and the day the work of the said representative body begins. This solution sent to the representative bodies of the settlements that are part of the municipal district, and is subject to publication within one month from the date of its adoption in the manner prescribed by the charter of the municipal district.
Installed in accordance with this part the procedure for the formation of a representative body of a municipal district is fixed in the charter of the municipal district within three months from the date of commencement of the work of the corresponding representative body of the municipal district. Within the same period, the representative body of the municipal district shall make a decision to bring the charter of the municipal district into line with the requirements of Part 2 of Article 36 of this Federal Law.
An initiative to form a representative body of a municipal district in the manner prescribed by clause 1 of part 4 of this article may be put forward no later than one year before the date from which the representative body of the municipal district would have the right to decide on calling elections for deputies of the representative body of the municipal district. district of the new convocation in accordance with the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation". If, in accordance with the procedure established by this part, a decision is made to form a representative body of a municipal district in accordance with paragraph 1 of part 4 of this article, elections to the representative body of the municipal district shall not be called.
(part five as amended by Federal Law No. 365-FZ of December 27, 2009)
6. The number of deputies of the representative body of the settlement, including the urban district, is determined by the charter of the municipality and cannot be less than:
7 people - with a population of less than 1000 people;
10 people - with a population of 1,000 to 10,000 people;
15 people - with a population of 10,000 to 30,000 people;
20 people - with a population of 30,000 to 100,000 people;
25 people - with a population of 100,000 to 500,000 people;
35 people - with a population of over 500,000 people.
7. The number of deputies of the representative body of the municipal district is determined by the charter of the municipal district and cannot be less than 15 people.
8. The number of deputies of the representative body of the intracity territory of a city of federal significance is determined by the charter of the municipal formation and cannot be less than 10 people.
9. The representative body of an urban settlement, municipal district, urban district has the rights of a legal entity. The representative body of a rural settlement, intracity municipal formation of a federal city may have the rights of a legal entity in accordance with the charter of the municipal formation.
(Part nine as amended by Federal Law No. 281-FZ of December 25, 2008)
10. In exclusive competence The representative body of the municipality is located:
1) the adoption of the charter of the municipality and the introduction of amendments and additions to it;
2) approval of the local budget and a report on its execution;
3) establishment, change and cancellation of local taxes and fees in accordance with the legislation of the Russian Federation on taxes and fees;
4) adoption of plans and programs for the development of the municipality, approval of reports on their implementation;
5) determination of the procedure for managing and disposing of property that is in municipal ownership;
6) determining the procedure for making decisions on the creation, reorganization and liquidation of municipal enterprises, as well as on the establishment of tariffs for the services of municipal enterprises and institutions;
(as amended by Federal Law No. 83-FZ of May 8, 2010)
7) determination of the procedure for the participation of the municipality in the organizations of intermunicipal cooperation;
8) determining the procedure for material, technical and organizational support for the activities of local governments;
9) control over the execution by local self-government bodies and officials of local self-government of powers to resolve issues of local importance;
10) making a decision to remove the head of the municipality into resignation.
(Clause 10 was introduced by Federal Law No. 90-FZ of May 7, 2009)
11. Other powers of representative bodies of municipal formations are determined by federal laws and constitutions (charters) adopted in accordance with them, laws of the constituent entities of the Russian Federation, charters of municipal formations.
11.1. The representative body of the municipality hears annual reports the heads of the municipal formation, the heads of the local administration on the results of their activities, the activities of the local administration and other local self-government bodies subordinate to the head of the municipal formation, including on resolving issues raised by the representative body of the municipal formation.
(part eleven.1 was introduced by Federal Law No. 90-FZ of May 7, 2009)
12. Regulatory legal acts of the representative body of the municipality, providing for the establishment, change and abolition of local taxes and fees, the implementation of expenditures from the local budget, may be submitted for consideration by the representative body of the municipality only at the initiative of the head of the local administration or in the presence of the conclusion of the head of the local administration .
13. The normative legal act adopted by the representative body of the municipality is sent to the head of the municipality for signing and promulgation within 10 days. The head of a municipal formation, acting as the head of the local administration, has the right to reject a normative legal act adopted by the representative body of the municipal formation. In this case, the specified normative legal act shall be returned to the representative body of the municipality within 10 days with a reasoned justification for its rejection or with proposals for amendments and additions to it. If the head of the municipal formation rejects the normative legal act, it is again considered by the representative body of the municipal formation. If at reconsideration the specified normative legal act will be approved in the previously adopted wording by a majority of at least two-thirds of the established number of deputies of the representative body of the municipality, it is subject to signing by the head of the municipality within seven days and promulgation.
(As amended by Federal Law No. 365-FZ of December 27, 2009)
14. The organization of the activities of the representative body of the municipal formation in accordance with the charter of the municipal formation is carried out by the head of the municipal formation, and if the specified official exercises the powers of the head of the local administration, the chairman of the representative body of the municipal formation, elected by this body from among its members.
(As amended by Federal Law No. 365-FZ of December 27, 2009)
15. Expenditures for ensuring the activities of the representative body of the municipality are provided for in the local budget as a separate line in accordance with the classification of expenditures of the budgets of the Russian Federation.
Management and (or) disposal of the representative body of the municipality or individual deputies (groups of deputies) in any form of local budget funds in the process of its implementation are not allowed, with the exception of local budget funds allocated to ensure the activities of the representative body of the municipality and deputies .
16. The powers of a representative body of a municipal formation, regardless of the procedure for its formation, may be terminated early in the manner and on the grounds provided for by Article 73 of this Federal Law. The powers of the representative body of the municipality are also terminated:
(As amended by Federal Law No. 365-FZ of December 27, 2009)
1) if the said body decides to dissolve itself. In this case, the decision on self-dissolution is made in the manner prescribed by the charter of the municipality;
2) in case of entry into force of the decision, respectively supreme court republics, territories, regions, cities of federal significance, autonomous region, autonomous region on the incompetence of this composition of deputies of the representative body of the municipality, including in connection with the resignation of deputies of their powers;
3) in the event of a transformation of a municipal formation carried out in accordance with Parts 3, 4 - 7 of Article 13 of this Federal Law, as well as in the event of the abolition of a municipal formation;
(as amended by Federal Law No. 230-FZ of October 18, 2007)
4) in case of loss by the settlement of the status of a municipal formation in connection with its merger with the urban district;
(Clause 4 was introduced by Federal Law No. 230-FZ of October 18, 2007)
5) in the event of an increase in the number of voters of a municipal formation by more than 25 percent, which occurred as a result of a change in the boundaries of the municipal formation or the merger of a settlement with an urban district.
(Clause 5 was introduced by Federal Law No. 230-FZ of October 18, 2007)
The charter of the municipal formation may provide for the early termination of the powers of the representative body of the municipal formation in the event of a violation of the deadline for issuing a municipal legal act required to implement a decision taken by direct expression of the will of citizens.
17. Early termination of the powers of the representative body of the municipality entails early termination of the powers of its deputies.
18. In case early termination the powers of the representative body of the municipal formation, consisting of deputies directly elected by the population, early elections to the said representative body are held within the time limits established by federal law.
(Part eighteen as amended by Federal Law No. 93-FZ of July 21, 2005)
19. In the event of early termination of the powers of the representative body of the municipal district, formed in accordance with paragraph 1 of part 4 of this article, the representative bodies of the respective settlements are obliged to elect other deputies to the representative body of the municipal district within one month.
The provisions of Article 35.1 as amended by Federal Law No. 38-FZ of 20.03.2011 apply to deputies who are members of factions and to factions in the representative bodies of municipalities, voting in elections in which took place after the day the said Law came into force.
Article 35.1. Fractions in the representative body of the municipality
(introduced by Federal Law No. 38-FZ of March 20, 2011)
1. Deputies of the representative body of the municipality, elected as part of the lists of candidates nominated by political parties (their regional branches or other structural subdivisions), are members of deputy associations (in fractions) (hereinafter referred to as the fraction), except for the case provided for by paragraph 3 of this article . A faction includes all deputies (deputies) elected (elected) in the respective list of candidates. Factions may also include deputies elected in single-member or multi-member constituencies, and deputies (deputy) elected (elected) as part of the list of candidates of the political party (its regional branch or other structural unit) specified in part 3 of this article.
2. The procedure for the activities of factions is established by the law of the constituent entity of the Russian Federation and (or) the regulations or other act of the representative body of the municipality.
3. In the event of termination of the activities of a political party due to its liquidation or reorganization, the activities of its faction in the representative body of the municipality, as well as the membership of deputies in this faction, shall be terminated from the date of inclusion in the unified State Register legal entities of the corresponding record.
4. A deputy elected as part of a list of candidates nominated by a political party (its regional branch or other structural subdivision) is not entitled to withdraw from the faction in which he is a member in accordance with part 1 of this article. The said deputy may only be a member of the political party in whose list of candidates he was elected.
5. Deputy elected by single or multi-member constituency and a member of a faction, or a deputy elected as part of the list of candidates of a political party specified in paragraph 3 of this article, and a member of a faction, may be a member only of the political party whose faction he belongs to.
6. A deputy elected as part of the list of candidates of the political party specified in part 3 of this article and who has joined the political party which has its own faction in the representative body of the municipality, is included in this faction and has no right to withdraw from it.
7. Non-compliance, provided for in parts 4 - 6 of this article, entails the termination of deputy powers.
The provisions of Article 36, as amended by Federal Law No. 93-FZ of July 21, 2005, apply to legal relations that have arisen in connection with the holding of elections and referendums scheduled after the effective date of the said Federal Law. Legal relations arising in connection with the holding of elections and referendums scheduled before the date of entry into force of Federal Law No. 93-FZ of July 21, 2005, are governed by the norms of the relevant federal laws in the version that was in force before the date of entry into force of the said Federal Law.
Article 36
1. The head of a municipal formation is the highest official of the municipal formation and is endowed by the charter of the municipal formation in accordance with this article with his own powers to resolve issues of local importance.
2. The head of the municipality in accordance with the charter of the municipality:
1) is elected at municipal elections or by the representative body of the municipality from among its members;
2) in the event of being elected in municipal elections, either he is a member of the representative body of the municipality with the right to vote and exercises the powers of its chairman, or heads the local administration;
(Clause 2 as amended by Federal Law No. 93-FZ of July 21, 2005)
3) in case of election by the representative body of the municipal formation, performs the powers of its chairman;
(Clause 3 as amended by Federal Law No. 93-FZ of July 21, 2005)
4) cannot simultaneously exercise the powers of the chairman of the representative body of the municipality and the powers of the head of the local administration;
(Clause 4 as amended by Federal Law No. 93-FZ of July 21, 2005)
5) in the event of the formation of a representative body of a municipal district in accordance with Clause 1 of Part 4 of Article 35 of this Federal Law, exercises the powers of its chairman.
(Clause 5 as amended by Federal Law No. 93-FZ of July 21, 2005)
3. The restrictions established by paragraphs 2-4 of part 2 of this article do not apply to local self-government bodies of a municipal formation that has the status of a rural settlement, an intra-city municipal formation of a city of federal significance, which provides for the formation of an executive and administrative body headed by the head of the municipal formation, acting as chairman representative body of the municipality.
(As amended by federal laws of 21.07.2005 N 93-FZ, of 25.12.2008 N 281-FZ)
4. The head of the municipal formation, within the powers established by part 2 of this article:
1) represents the municipality in relations with local self-government bodies of other municipalities, state authorities, citizens and organizations, acts on behalf of the municipality without a power of attorney;
2) signs and promulgates, in accordance with the procedure established by the charter of the municipal formation, normative legal acts adopted by the representative body of the municipal formation;
3) issue legal acts within the scope of its powers;
4) have the right to demand the convening of an extraordinary meeting of the representative body of the municipality;
5) ensures the exercise by local self-government bodies of powers to resolve issues of local importance and individual state powers transferred to local self-government bodies by federal laws and laws of the constituent entity of the Russian Federation.
(Clause 5 was introduced by Federal Law No. 90-FZ of May 7, 2009)
5. The head of the municipality is controlled and accountable to the population and the representative body of the municipality.
5.1. The head of the municipality submits to the representative body of the municipality annual reports on the results of his activities, and if the head of the municipality heads the local administration, on the results of the activities of the local administration and other subordinate local governments, including on resolving issues raised by the representative body municipality.
(Part Five.1 was introduced by Federal Law No. 90-FZ of May 7, 2009)
6. The powers of the head of the municipality are terminated early in the event of:
1) death;
2.1) dismissal in accordance with Article 74.1 of this Federal Law;
(Clause 2.1 was introduced by Federal Law No. 90-FZ of May 7, 2009)
3) dismissal from office in accordance with Article 74 of this Federal Law;
4) recognition by the court as incapable or partially incapacitated;
5) recognition by the court as missing or declared dead;
6) the entry into force of a guilty verdict of a court against him;
7) travel outside the Russian Federation for permanent residence;
The provisions of Clause 8 of Part 6 of Article 36 as amended by Federal Law No. 128-FZ of July 25, 2006 do not apply to deputies of representative bodies of municipalities and elected officials of local self-government elected before the day the said Federal Law enters into force.
8) termination of citizenship of the Russian Federation, termination of citizenship foreign country- participant international treaty Russian Federation, according to which foreign citizen has the right to be elected to local self-government bodies, acquire citizenship of a foreign state or obtain a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation in the territory of a foreign state that is not a party to an international treaty of the Russian Federation, in accordance with which a citizen of the Russian Federation, who has the citizenship of a foreign state, has the right to be elected to local self-government bodies;
9) recall by voters;
10) installed in judicial order persistent inability for health reasons to exercise the powers of the head of the municipality;
11) early termination of the powers of the representative body of the municipality, if the head of the municipality was elected from the composition of this body;
11.1) changing the procedure for the formation of a representative body of a municipal district in accordance with Part 5 of Article 35 of this Federal Law;
(Clause 11.1 was introduced by Federal Law No. 365-FZ of December 27, 2009)
12) transformation of the municipal formation, carried out in accordance with parts 3, 4 - 7 of Article 13 of this Federal Law, as well as in the event of the abolition of the municipal formation;
13) loss by the settlement of the status of a municipal formation in connection with its merger with the urban district;
(Clause 13 was introduced by Federal Law No. 230-FZ of October 18, 2007, as amended by Federal Law No. 281-FZ of December 25, 2008)
14) an increase in the number of voters of the municipal formation by more than 25 percent, which occurred as a result of a change in the boundaries of the municipal formation or the merger of a settlement with an urban district.
(Clause 14 was introduced by Federal Law No. 230-FZ of October 18, 2007)
7. In the event of early termination of the powers of the head of a municipal formation, his powers are temporarily performed by an official of local self-government, determined in accordance with the charter of the municipal formation.
(Part seven was introduced by Federal Law No. 93-FZ of July 21, 2005)
8. In the event of early termination of the powers of the head of a municipal formation elected in municipal elections, early elections of the head of the municipal formation are held within the time limits established by federal law.
(Part eight was introduced by Federal Law No. 230-FZ of October 18, 2007)
Article 37. Local administration
1. The local administration (executive-administrative body of a municipal formation) is endowed by the charter of the municipal formation with the authority to resolve issues of local importance and the authority to exercise certain state powers transferred to local self-government bodies by federal laws and laws of the subjects of the Russian Federation.
The local administration is led by the head of the local administration on the principles of unity of command.
2. The head of the local administration is the head of the municipal formation or a person appointed to the position of the head of the local administration under a contract concluded based on the results of a competition to fill the specified position for a term of office determined by the charter of the municipal formation.
The contract with the head of the local administration is concluded for the term of office of the representative body of the municipality that made the decision to appoint the person to the position of head of the local administration (until the day the representative body of the municipality of the new convocation begins its work), but not less than two years.
(paragraph introduced by Federal Law No. 365-FZ of December 27, 2009)
3. The terms of the contract for the head of the local administration of the settlement are approved by the representative body of the settlement, and for the head of the local administration of the municipal district (urban district), intracity municipality of the city of federal significance - by the representative body of the municipal district (urban district), intracity municipality of the city of federal significance in part concerning the exercise of powers to resolve issues of local importance, and the law of the constituent entity of the Russian Federation insofar as it relates to the exercise of certain state powers transferred to local governments by federal laws and laws of the constituent entities of the Russian Federation.
(Part 3 as amended by Federal Law No. 88-FZ of May 3, 2011)
4. If a person is appointed to the position of the head of the local administration under a contract, the charter of the settlement, and in relation to the position of the head of the local administration of a municipal district (city district), an intra-city municipal formation of a city of federal significance - by the charter of a municipal district (city district), an intra-city municipal formation of a city of federal significance and the law of a constituent entity of the Russian Federation may establish additional requirements for candidates for the position of head of a local administration.
(As amended by Federal Law No. 365-FZ of December 27, 2009)
5. The procedure for holding a competition for filling the position of the head of a local administration is established by the representative body of the municipality. The procedure for holding a tender should provide for the publication of the conditions of the tender, information about the date, time and place of its holding, the draft contract no later than 20 days before the day of the tender.
The total number of members of the competition commission in the municipality is established by the representative body of the municipality.
Members of the competition commission of the settlement are appointed by the representative body of the settlement. When forming a competition commission in a municipal district (urban district), an intracity municipal formation of a city of federal significance, two thirds of its members are appointed by the representative body of the municipal district (urban district), an intracity municipal formation of a city of federal significance, and one third - by the legislative (representative) body of state power subject of the Russian Federation on the proposal of the highest official of the subject of the Russian Federation (head of the supreme executive body state power of the subject of the Russian Federation).
(As amended by Federal Law No. 365-FZ of December 27, 2009)
In the case provided for by Paragraph 3 of Part 2 of Article 34 of this Federal Law, when forming a competition commission in a municipal district, one third of the members of the competition commission are appointed by the representative body of the municipal district, one third by the representative body of the settlement that is the administrative center of the municipal district, and one third by the legislative ( representative) body of state power of the subject of the Russian Federation on the proposal of the highest official of the subject of the Russian Federation (head of the highest executive body of state power of the subject of the Russian Federation).
(paragraph introduced by Federal Law No. 315-FZ of November 29, 2010)
6. A person is appointed to the position of the head of the local administration by the representative body of the municipality from among the candidates presented by the competition commission based on the results of the competition.
The contract with the head of the local administration is concluded by the head of the municipality.
6.1. The head of the local administration, exercising his powers on the basis of a contract:
1) is controlled and accountable to the representative body of the municipality;
2) submit to the representative body of the municipal formation annual reports on the results of its activities and the activities of the local administration, including on the resolution of issues raised by the representative body of the municipal formation;
3) ensures the exercise by the local administration of the powers to resolve issues of local importance and certain state powers transferred to local governments by federal laws and laws of the constituent entity of the Russian Federation.
(Part six.1 was introduced by Federal Law No. 90-FZ of May 7, 2009)
7. The local administration has the rights of a legal entity.
8. The structure of the local administration is approved by the representative body of the municipality on the proposal of the head of the local administration. The structure of the local administration may include sectoral (functional) and territorial bodies local administration.
9. The head of the local administration is not entitled to engage in entrepreneurial, as well as other paid activities, with the exception of teaching, scientific and other creative activities. At the same time, teaching, scientific and other creative activities cannot be financed exclusively at the expense of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation. The head of the local administration is not entitled to be a member of the management bodies, trustees or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their operating on the territory of the Russian Federation. structural divisions, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.
(as amended by Federal Law No. 24-FZ of March 2, 2007)
10. The powers of the head of the local administration, exercised on the basis of a contract, are terminated early in the event of:
1) death;
2) resignations of their own free will;
3) termination of the contract in accordance with paragraph 11 of this article;
4) removal from office in accordance with Article 74 of this Federal Law;
5) recognition by the court as incapable or partially incapacitated;
6) recognition by the court as missing or declared dead;
7) the entry into force of a guilty verdict of the court against him;
8) travel outside the Russian Federation for permanent residence;
9) termination of citizenship of the Russian Federation, termination of citizenship of a foreign state - a party to an international treaty of the Russian Federation, in accordance with which a foreign citizen has the right to be elected to local self-government bodies, acquisition of citizenship of a foreign state or receipt by him of a residence permit or other document confirming the right for permanent residence of a citizen of the Russian Federation on the territory of a foreign state that is not a party to an international treaty of the Russian Federation, in accordance with which a citizen of the Russian Federation who has citizenship of a foreign state has the right to be elected to local government bodies;
(as amended by Federal Law No. 128-FZ of July 25, 2006)
10) call for military service or assignment to an alternative civilian service that replaces it;
(Clause 10 was introduced by Federal Law No. 53-FZ of June 19, 2004)
11) the transformation of the municipal formation, carried out in accordance with parts 3, 4 - 7 of Article 13 of this Federal Law, as well as in the event of the abolition of the municipal formation;
(Clause 11 was introduced by Federal Law No. 230-FZ of October 18, 2007)
12) loss by the settlement of the status of a municipal formation in connection with its merger with the urban district;
(Clause 12 was introduced by Federal Law No. 230-FZ of October 18, 2007)
13) an increase in the number of voters of the municipal formation by more than 25 percent, which occurred as a result of a change in the boundaries of the municipal formation or the merger of a settlement with an urban district.
(Clause 13 was introduced by Federal Law No. 230-FZ of October 18, 2007)
11. The contract with the head of the local administration may be terminated by agreement of the parties or in court on the basis of an application:
1) a representative body of a municipal formation or the head of a municipal formation - in connection with a violation of the terms of the contract insofar as it concerns the resolution of issues of local importance, as well as in connection with non-compliance with the restrictions established by part 9 of this article;
(As amended by Federal Law No. 365-FZ of December 27, 2009)
2) the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) - in connection with a violation of the terms of the contract insofar as it relates to the exercise of certain state powers transferred to local governments by federal laws and laws of the constituent entities of the Russian Federation, as well as in due to non-compliance with the restrictions established by part 9 of this article;
(As amended by Federal Law No. 365-FZ of December 27, 2009)
3) heads of local administration - in connection with violations of the terms of the contract by local governments and (or) state authorities of a constituent entity of the Russian Federation.
Article 38
1. The control body of the municipality (chamber of control and accounts, audit commission and others) is formed to control the execution of the local budget, compliance established order preparation and consideration of a draft local budget, a report on its implementation, as well as for the purpose of monitoring compliance with the established procedure for managing and disposing of municipal property.
2. The control body of a municipal formation is formed at municipal elections or by a representative body of the municipal formation in accordance with the charter of the municipal formation.
3. The results of inspections carried out by the control body of the municipality are subject to publication (promulgation).
4. Bodies of local self-government and officials of local self-government are obliged to submit to the control body of the municipal formation, at its request, the necessary information and documents on issues within their competence.
The provisions of Article 39, as amended by Federal Law No. 93-FZ of July 21, 2005, apply to legal relations arising in connection with the holding of elections and referendums scheduled after the day the said Federal Law comes into force. Legal relations arising in connection with the holding of elections and referendums scheduled before the date of entry into force of Federal Law No. 93-FZ of July 21, 2005, are governed by the norms of the relevant federal laws in the version that was in force before the date of entry into force of the said Federal Law.
Article 39
1. An election commission of a municipal formation shall organize the preparation and holding of municipal elections, a local referendum, voting on the recall of a deputy, a member of an elected body of local self-government, an elected official of local self-government, voting on issues of changing the boundaries of a municipal formation, transformation of a municipal formation.
(As amended by Federal Law No. 93-FZ of July 21, 2005)
2. The election commission of a municipal formation is a municipal body that is not included in the structure of local self-government bodies.
(Part two was introduced by Federal Law No. 93-FZ of July 21, 2005)
3. The procedure for the formation and powers of election commissions of municipalities are established by federal law and the law of the subject of the Russian Federation adopted in accordance with it, as well as the charters of municipalities.
(Part three was introduced by Federal Law No. 93-FZ of July 21, 2005)
The provisions of Article 40, as amended by Federal Law No. 93-FZ of July 21, 2005, apply to legal relations that have arisen in connection with the holding of elections and referendums scheduled after the day the said Federal Law enters into force. Legal relations arising in connection with the holding of elections and referendums scheduled before the date of entry into force of Federal Law No. 93-FZ of July 21, 2005, are governed by the norms of the relevant federal laws in the version that was in force before the date of entry into force of the said Federal Law.
Article 40
1. A deputy, a member of an elected body of local self-government, an elected official of local self-government shall be provided with conditions for the unhindered exercise of their powers.
2. The term of office of a deputy, a member of an elected body of local self-government, an elected official of local self-government is established by the charter of the municipal formation and cannot be less than two and more than five years.
3. The powers of a deputy, a member of an elected body of local self-government begin from the day of his election and terminate from the day the work of an elected body of local self-government of a new convocation begins.
The powers of an elected official of local self-government begin from the day he takes office and terminate on the day a newly elected official of local self-government takes office.
4. The decision to change the term of office, as well as the decision to change the list of powers of an elected official of local self-government shall apply only to elected officials of local self-government elected after the entry into force of the relevant decision.
5. Elected officials of local self-government may exercise their powers on a permanent basis in accordance with this Federal Law and the charter of the municipality.
Deputies of the representative body of the municipality exercise their powers, as a rule, on a non-permanent basis.
The provisions of paragraph three of part 5 of article 40 in relation to deputies of representative bodies of municipalities elected in municipal elections, appointed before official publication of this Federal Law, apply after the expiration of the term for which they were elected in accordance with the charters of municipalities (Part 7 of Article 84 of this document).
No more than 10 percent of the deputies of the established number of the representative body of the municipal formation can work on a permanent basis, and if the number of the representative body of the municipal formation is less than 10 people - 1 deputy.
5.1. Guarantees for the exercise of the powers of a deputy, a member of an elected body of local self-government, an elected official of local self-government are established by the charters of municipalities in accordance with federal laws and the laws of the constituent entities of the Russian Federation.
(Part Five.1 was introduced by Federal Law No. 253-FZ of November 4, 2007)
The provision of the first paragraph of part 6 of Article 40, which provides for the prohibition of elected officials of local self-government from being deputies of the legislative (representative) bodies of state power of the constituent entities of the Russian Federation, does not apply to elected officials of local self-government who are deputies of the legislative (representative) bodies of state power of the constituent entities of the Russian Federation elected before May 13, 2002 (Part 7 of Article 83 of this document).
The provisions of the second sentence of the first paragraph of part 6 of article 40 do not apply to a deputy of a representative body of a municipal formation, an elected official of local self-government, elected at municipal elections scheduled before February 1, 2006 (part 7 of article 83 of this document).
6. Elected officials of local self-government cannot be deputies State Duma Federal Assembly of the Russian Federation, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the legislative (representative) bodies of state power of the constituent entities of the Russian Federation, to hold other public office of the Russian Federation, public positions of the constituent entities of the Russian Federation, as well as public positions civil service and municipal offices municipal service. An elected official of local self-government cannot simultaneously exercise the powers of a deputy of a representative body of a municipal formation, except for the cases established by this Federal Law.
(as amended by Federal Laws No. 93-FZ of 21.07.2005, No. 24-FZ of 15.02.2006)
Paragraphs two and three are no longer valid. - Federal Law of February 15, 2006 N 24-FZ.
The provisions of paragraph four of Part 6 of Article 40 do not apply to a deputy of a representative body of a municipal formation, an elected official of local self-government, elected at municipal elections scheduled before February 1, 2006 (Part 7 of Article 83 of this document).
A deputy of a representative body of a municipal formation, an elected official of local self-government may not simultaneously exercise the powers of a deputy of a representative body of another municipal formation or an elected official of local self-government of another municipal formation, except for the cases established by this Federal Law.
(as amended by Federal Law No. 24-FZ of February 15, 2006)
7. A deputy, a member of an elected body of local self-government, an elected official of local self-government exercising their powers on a permanent basis shall not have the right to:
1) engage in entrepreneurial activities;
2) be a member of the management of a commercial organization, unless otherwise provided by federal laws or if, in the manner established by a municipal legal act in accordance with federal laws and laws of the subject of the Russian Federation, he is not instructed to participate in the management of this organization;
3) engage in other paid activities, with the exception of teaching, research and other creative activities. At the same time, teaching, scientific and other creative activities cannot be financed exclusively at the expense of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation;
4) be a member of management bodies, boards of trustees or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural subdivisions operating on the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.
(part seven as amended by Federal Law No. 230-FZ of October 18, 2007)
8. Guarantees of the rights of deputies, members of elected bodies of local self-government, elected officials of local self-government when they are brought to criminal or administrative responsibility, detention, arrest, search, interrogation, commission of other criminal procedural and administrative procedural actions in relation to them, as well as in the course of operational search activities in relation to deputies, members of elected bodies of local self-government, elected officials of local self-government, the residential area occupied by them and/or office space, their luggage, personal and official Vehicle, correspondence, means of communication used by them, documents belonging to them are established by federal laws.
9. A deputy, a member of an elected body of local self-government, an elected official of local self-government cannot be held criminally or administratively liable for an opinion expressed, a position expressed during voting, and other actions corresponding to the status of a deputy, a member of an elected body of local self-government, an elected official. persons of local self-government, including after the expiration of their term of office. This provision does not apply to cases where a deputy, a member of an elected body of local self-government, an elected official of local self-government committed public insults, slander or other violations, liability for which is provided for by federal law.
9.1. A deputy, a member of an elected body of local self-government, an elected official of local self-government, exercising powers on a permanent basis, cannot participate as a defender or representative (except in cases of legal representation) in a civil or criminal case or a case of an administrative offense.
(Part nine.1 was introduced by Federal Law No. 274-FZ of December 25, 2008)
10. The powers of a deputy, a member of an elected body of local self-government, an elected official of local self-government shall be terminated early in the event of:
1) death;
2) resignations of their own free will;
3) recognition by the court as incapable or partially incapacitated;
4) recognition by the court as missing or declared dead;
5) the entry into force of a guilty verdict of a court against him;
6) travel outside the Russian Federation for permanent residence;
The provisions of Clause 7 of Part 10 of Article 40, as amended by Federal Law No. 128-FZ of July 25, 2006, do not apply to deputies of representative bodies of municipalities and elected officials of local self-government elected before the day the said Federal Law enters into force.
7) termination of citizenship of the Russian Federation, termination of citizenship of a foreign state - a party to an international treaty of the Russian Federation, in accordance with which a foreign citizen has the right to be elected to local government bodies, acquisition of citizenship of a foreign state or receipt by him of a residence permit or other document confirming the right for permanent residence of a citizen of the Russian Federation on the territory of a foreign state that is not a party to an international treaty of the Russian Federation, in accordance with which a citizen of the Russian Federation who has citizenship of a foreign state has the right to be elected to local government bodies;
(as amended by Federal Law No. 128-FZ of July 25, 2006)
8) recall by voters;
9) early termination of powers of the relevant local self-government body;
9.1) conscription for military service or assignment to an alternative civilian service that replaces it;
(Clause 9.1 was introduced by Federal Law No. 53-FZ of June 19, 2004)
10) in other cases established by this Federal Law and other federal laws.
(As amended by Federal Law No. 365-FZ of December 27, 2009)
11. The decision of the representative body of the municipality on the early termination of the powers of a deputy of the representative body of the municipality shall be taken no later than 30 days from the day the grounds for the early termination of powers appear, and if this grounds appeared during the period between sessions of the representative body of the municipality, - no later than three months from the date of occurrence of such grounds.
(Part 11 was introduced by Federal Law No. 263-FZ of July 25, 2011)
Article 41
1. On behalf of the municipal formation, the head of the local administration and other officials of local self-government may acquire and exercise property and other rights and obligations, appear in court without a power of attorney in accordance with the charter of the municipal formation.
2. Bodies of local self-government, which, in accordance with this Federal Law and the charter of a municipal formation, are endowed with the rights of a legal entity, are municipal government institutions formed to carry out managerial functions, and are subject to state registration as legal entities in accordance with federal law.
(as amended by Federal Law No. 83-FZ of May 8, 2010)
The representative body of the municipality and the local administration as legal entities act on the basis of the provisions of this Federal Law common to organizations of this type in accordance with Civil Code Russian Federation in relation to state institutions.
(as amended by Federal Laws No. 281-FZ of December 25, 2008, No. 83-FZ of May 8, 2010)
The grounds for the state registration of local self-government bodies as legal entities are the charter of the municipality and the decision to establish the relevant local self-government body with the rights of a legal entity.
In the absence of a charter of a municipal formation, the grounds for state registration of local self-government bodies as legal entities are:
for the representative body of the municipality - the minutes of the meeting of the representative body of the municipality, containing the decision to grant this representative body the rights of a legal entity;
for other bodies of local self-government - the decision of the representative body of the municipality on the establishment of the appropriate body of local self-government with the rights of a legal entity.
3. The grounds for the state registration of local administration bodies as legal entities are the decision of the representative body of the municipal formation on the establishment of the relevant body and the approval of the regulations on it by this representative body of the municipal formation.
Article 42. Municipal service
The legal regulation of the municipal service, including the requirements for positions in the municipal service, the determination of the status of a municipal employee, the conditions and procedure for performing municipal service, is carried out by federal law, as well as laws of the constituent entities of the Russian Federation adopted in accordance with it, charters of municipalities and other municipal legal acts.