State and municipal administration. Term of office of a representative body of local self-government (most important)

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State and municipal administration. Term of office of a representative body of local self-government (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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46. Term of office of a representative body of local self-government

Term of office representative body of local self-government is determined by the charter of the municipality. The Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" establishes only the term of office of deputies of local representative bodies. It can be at least 2 and not more than 5 years. The terms of office of an individual deputy and a representative body may not coincide, but, as a rule, they are identical.

Changes (extension or reduction) of the term of office of the authority are allowed. At the same time, however, the decision to change the term of office applies only to bodies and officials of local self-government elected after the entry into force of the relevant decision.

According to Part 1 of Art. 35 of the Law "On the General Principles of Organization of Local Self-Government in the Russian Federation", the representative body of a municipality may exercise its powers when elected by at least two-thirds of the established number of deputies. In the absence of this norm, similar provisions were contained in the charters of municipalities, which filled in the gap existing in the legislation.

The powers of representative bodies shall terminate upon the expiration of their term of office. At the same time, the powers of deputies are terminated. Cases of early termination of the activities of a representative body are fixed by the Law "On General Principles of Organization of Local Self-Government in the Russian Federation". adoption by the representative body of the decision on self-dissolution; transformation of the municipality; dissolution of the representative body in a manner that provides for responsibility to the state.

The mechanism of such responsibility was first established by the Law "On the Accounts Chamber of the Russian Federation". Currently, the responsibility of local self-government to the state is implemented in several stages. The decision of the court on the adoption by the representative body of an act that contradicts the Constitution of the Russian Federation, federal and regional legislation serves as the basis for such liability. Within 3 months from the date of entry into force of the court decision or within another period established in the court decision, the municipal body must take measures to enforce it. If this does not happen, the highest official of the subject of the Federation submits to the regional legislative body a draft law on the dissolution of the representative body. With the entry into force of this law, the powers of such a body are terminated. The dissolution procedure provided for by the Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" has been simplified. Federal authorities are excluded from it, and before that they were the last resort in the case of early termination of the powers of local authorities.

Author: Konstantin Sibikeev

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