State and municipal administration. Guarantees of parliamentary activity (the most important)

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State and municipal administration. Guarantees of parliamentary activity (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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50. Guarantees of deputy activity

Guarantees of deputy activity are divided into several groups:

1) it is customary to associate organizational guarantees with the duties of the authorities to create the necessary conditions for the deputy to exercise his powers;

2) social guarantees are designed to ensure the protection of the rights and interests of a deputy associated with possible material costs in the performance of his duties. In particular, the right to reimbursement of expenses of a deputy who performs his functions on an unreleased basis is established. The adopted norms fix life and health insurance of a deputy at the expense of the budget of the municipality. Sums insured are paid by decision of the representative body in the event of injury to a deputy, other damage to health in connection with the exercise of his deputy powers;

3) guarantees of the labor rights of deputies are aimed at protecting their interests as subjects of labor relations. Guarantees of this type cover the entire term of office of a deputy, as well as subsequent official activities upon termination of deputy duties.

The deputy cannot be dismissed from the main place of work on the initiative of the administration without the consent of the representative body of local self-government. In accordance with the norms of labor legislation, the term of deputy activity is counted in the total and continuous work experience or service life, work experience in the specialty;

4) the guarantees of deputy activity include the immunity of deputies. Immunity is not a personal privilege. It is of a public law nature, designed to provide deputies with the opportunity to freely exercise their mandate. Unfortunately, the Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" regulates this issue very sparingly, limiting itself only to indicating that the guarantees of deputies and elected officials when they are brought to criminal or administrative liability, detention, search, arrest, interrogation , committing other criminal procedural and administrative procedural actions in relation to them are established by federal laws.

The guarantee of the activity of a deputy is considered to be his irresponsibility for the opinion expressed, the position expressed during the voting.

Deputy's irresponsibility - the result of the principle of freedom of debate and voting. Meanwhile, irresponsibility does not apply to cases where a deputy committed public insults or slander, liability for which is provided for by federal law.

Author: Konstantin Sibikeev

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