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On Amendments And Additions To The Federal Law "on Ensuring The Constitutional Rights Of Citizens Of The Russian Federation To Elect And Be Elected To Local Self-Government Bodies"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "Об обеспечении конституционных прав граждан Российской Федерации избирать и быть избранными в органы местного самоуправления"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Federal Law " On Ensuring the Constitutional Rights of Citizens of the Russian Federation of the Russian Federation elected to organs of local self-government " adopted by the State Duma on May 20, 1998 (Federal Law dated 21.07.2005 N 93-FZ) Article 1. To amend the Federal Law on ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5497) the following changes and additions: 1. The preamble states: " This Federal Law sets out the legal rules that ensure the exercise of the constitutional rights of the citizens of the Russian Federation to elect and be elected to local self-government bodies in Violations of these rights. ". 2. In article 1: paragraph 1, add the following paragraphs to the eighth, ninth, tenth, eleventh and twelfth paragraphs: "Election of deputies to representative bodies of local self-government or elected officials of the local government" Selfgovernment, including repeat or early elections, is not appointed by an authorized body or official within the prescribed time; there are no bodies or officials authorized to appoint elections of representative deputies. Local Government and elected officials of the Self-governance; municipal entities have been abolished, merged or transformed in a manner contrary to the law; local self-government bodies have been abolished or self-dissolved in a manner contrary to the law. The law has either de facto ceased to exercise its powers; , in violation of the law, the constitutional rights of citizens living in the territory of the municipality are not being exercised, elected and elected to organs local government of municipal education. "; 2 words "adopted in accordance with the statutes of municipalities" shall be deleted. 3. In article 3: paragraph 3 should read " 3. In the case of a legislative (representative) body of the constituent entity of the Russian Federation, in accordance with article 23 of the Federal Law on General Principles The organization of local self-government in the Russian Federation " does not adopt laws establishing the procedure for holding elections of deputies to representative bodies of local self-government and elected officials of local self-government elections, held: if there are eligible Representative bodies of local self-government-in accordance with the provisional provisions on the holding of elections of deputies to representative bodies of local self-government and elected officials of local self-government by representative bodies of local self-government in accordance with this Federal Law, or by decision of a representative body of local self-government in accordance with the procedure established by the Interim Transitional Provisions annexed to this Federal Act. elections of deputies to representative bodies of local Self-government and elected officials of local self-government in the constituent entities of the Russian Federation, which failed to ensure the exercise of the constitutional rights of the citizens of the Russian Federation to elect and be elected to local self-government bodies; , in the absence of the competent representative bodies of local self-government-in accordance with the procedure established by the Provisional Regulations annexed to this Federal Law on the holding of elections of members of representative bodies of local self-government and elected officials of local self-government in the constituent entities of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION editions: " 4. The provisional provisions shall be applied in accordance with the procedure established by this Federal Law, as well as in the appointment of the date of the election of the members of the representative bodies of local self-government and elected officials of local self-government before the adoption of the draft resolution. OF THE PRESIDENT OF THE RUSSIAN FEDERATION In cases of violations of the constitutional rights of the citizens of the Russian Federation, to elect and be elected to local self-government bodies on the grounds enumerated in article 1, paragraph 1 of this Federal Act, the date of the election of deputies representative bodies of local self-government and elected officials of local self-government and the procedure for their conduct shall be established by the court. "; paragraph 6 shall be amended to read: " 6. Date of the election of deputies of representative bodies of local self-government and elected officials of local self-government provided for in the charter of municipal education, according to the prosecutor's statement, or the complaint of a citizen residing in the territory Municipal education, or complaints by public associations or their regional and local branches, shall appoint a court in cases where: , in the period set out in paragraph 2 of this article, the election of members of the representative bodies of the local self-government and elected officials of local self-government Appointed or appointed for a term not in accordance with article 58, paragraph 1, of the Federal Act on General Principles of the Organization of Local Self-government in the Russian Federation "; powers of local self-government bodies shall be exercised by officials appointed in a manner contrary to the law; the established terms of office expired representative bodies of local self-government and officials Local Government; elections of members of representative local self-government bodies or elected officials of local government, including repeat or early elections, are not appointed by an authorized body or official By a person within the prescribed time-limits; there are no bodies or officials authorized to designate deputies of representative bodies of local self-government and elected officials of local government; Education abolished, merged or converted into In a manner contrary to the law; , the local authorities have been abolished or dissolved in a manner contrary to the law, or have in fact ceased to exercise their powers; in violation of The law does not implement the constitutional rights of citizens living in the territory of the municipality, elect and be elected to the local self-government bodies of municipal education. "; paragraph 9 editions: " 9. The court decision states: grounds for setting the date of the election, the date of the election; regulatory legal act under which, in accordance with paragraphs 1, 3 and 10 of this article, elections will be held; The case of the appointment of the date of the election of the deputies of the representative body of local self-government-the term of office and the number of deputies of the representative body of local self-government, as defined in accordance with this Federal Law; if the date of the election of the local official Self-government-the name of the elected local government office provided for by the charter of municipal education, and the term of office of the person who is determined in accordance with this Federal Law; A local self-government body or head of municipal education, or in accordance with the municipal charter, a local government official responsible for the enforcement of the court's decision in accordance with the legal instrument established by the court. In the absence of the competent local authorities or local government officials, the execution of the court decision in respect of the conduct of the election in accordance with the normative legal act referred to by the court shall be vested in the court. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The court's decision is subject to immediate execution. "; paragraph 10 should be redrafted to read: " 10. If the laws of the constituent entity of the Russian Federation, adopted in accordance with article 23 of the Federal Act on the general principles of the organization of local self-government In the Russian Federation ", there are no rules governing the procedure for the election of members of representative bodies of local self-government and elected officials of local self-government in the absence of competent representative bodies. and Local Government Officials The Court may decide in its decision as a normative legal act on the basis of which the election, annexed to the present Federal Law, on the holding of elections of deputies, will be conducted Representative bodies of local self-government and elected officials of local self-government in the constituent entities of the Russian Federation, who have not ensured the exercise of the constitutional rights of citizens of the Russian Federation to elect and be elected to the local authorities or to decide on the application of certain of its provisions in addition to the relevant law of the constituent entity of the Russian Federation. "; paragraph 12, amend to read: " 12. The term of office of elected members of the local government and elected officials elected in accordance with this Federal Act is equal to the term of office established in the statute Municipal education. If the charter of municipal education has not been adopted, it has not entered into force, or if the statutes do not set the term of office of members of the representative bodies of local self-government and elected officials of local self-government The term of office is determined by a decision of the court on the basis of normative legal acts, according to which the election will be held by a court decision. If the term of office of the deputies of representative bodies of local self-government and elected officials of local self-government is not established in a certain court of law, it shall be determined by a court decision and shall be two years. " 4. In article 4: , in paragraph 1, the words "of the previous convocation" shall be replaced by the words "of the previous convocation not previously elected on 12 December 1993"; paragraph 3 should read as follows: " 3. The election of the deputies of a representative body of local self-government may be conducted on multi-mandate constituencies, the number of mandates in which cannot be more than five. "; to supplement article 5 with the following content: " 5. In the case of the establishment of a court as normative legal acts, in accordance with which the elections of the deputies of representative bodies of local self-government and elected officials of local self-government are held, the provisional provisions specified in Article 3, paragraph 3, of this Federal Law, the provisions of these provisional provisions shall apply until the end of the term of office of elected representatives of representative bodies of local self-government and elected officials of the local government. self-government as well as in the appointment of reelection or early elections. " 5. Article 6 should read as follows: " Article 6. Preventing the holding of the elections of representative bodies of local self-government and elected officials of local government 1. Absence of the law of the constituent entity of the Russian Federation on the procedure for the State registration of the statutes of municipal entities adopted in accordance with article 8, paragraph 2, of the Federal Act "About the general principles of local government organization in the Russian Federation", as well as a motivated refusal to state the charter of the municipal education may not be the basis for the recognition of the election of members of the representative bodies of the local self-government and elected officials of local self-government if the elections are held in accordance with the Constitution of the Russian Federation, Federal Law , by this Federal Law, the law of the subject of the Russian Federation, the charter of municipal education, adopted by a representative body of local government, Local government or local public education The referendum. 2. Absence of Statutes of Municipalities, Local Government, Municipal Property or Local Budget in Municipalities at the time of the case in court, in cases where municipalities have been abolished, merged or converted into order, contrary to the law, may not be grounds for the court's refusal to appoint a date for the election of members of the representative bodies of local self-government and elected officials of the local government. self-government in accordance with the procedure established by this Federal Act. 3. From the date of receipt of the application by the court of first instance, or complaints by a citizen residing in the territory of the municipality, or complaints by public associations or their regional and local offices concerning the date of the election of deputies A representative body of local self-government or elected official of local self-government and until the court's decision becomes enforceable, it is not permitted to abolish, combine or convert municipal education, change it territory or borders, amendment of the statute and legal provision municipal education, local government bodies and elected local government officials. Legal acts and decisions, including those adopted by referendum, contrary to the first paragraph of this paragraph, are not effective and do not apply. ". Article 2. Enforce the Provisional Electoral Regulations Representatives of the representative bodies of local self-government and elected officials of local self-government in the constituent entities of the Russian Federation, who have not ensured the exercise of the constitutional rights of the citizens of the Russian Federation to elect and to be elected in Local Government, annexed to Federal Law "Ensure the constitutional rights of citizens of the Russian Federation to elect and be elected to local governments", the following changes and additions: 1. In article 2: Part Two: " The electoral association is a public association, as well as its regional and local branches, which, in accordance with the law, have the right to nominate candidates. "; (fourth paragraph was lost-Federal Law of 21.07.2005). N 93-FZ): (Paragraph 5 was lost)-Federal Act of 21.07.2005 N 93-F) 2. Part one of article 4 should be supplemented with the following sentence: "The number of mandates in multidomain districts shall not be more than five." 3. In Article 7: Part Two: " The boundaries of the electoral districts and the number of voters in each district shall be established by the municipal education election commission on the submission of the chapter The municipal entity or the body (official) of the local government, authorized by the statutes of the municipal education, the decision of the representative body of local self-government or the decision of the court, and shall be approved by a representative body Local self-government not later than 60 days before the election day. In the absence of the competent local authorities, the acts shall be carried out by the executive branch of the constituent entity of the Russian Federation, which is responsible for enforcing the court's decision in respect of the holding of elections. " in the third word "specifying their boundaries," should be replaced by "with their borders, including their graphical representation,". 4. Article 8, paragraph 2, should read: " Polling stations shall be formed not later than 45 days before the date of the election by the head of the municipal entity or by the local government (official) of the local government The charter of the municipal education, the decision of the representative body of local self-government or the decision of the court, in agreement with the relevant election commissions not more than three thousand voters per polling station. In the absence of the competent local authorities, these acts shall be carried out by the executive branch of the constituent entity of the Russian Federation, which is responsible for enforcing the court's decision in respect of the holding of elections. " 5. Article 9, paragraph 2, states: " The voter list shall be drawn up by the precinct election commission on the basis of information submitted by the head of the municipality or by a body (official) of a local Self-government, authorized by the statute of the municipal education, the decision of a representative body of local self-government or a court decision, in accordance with the form established by the municipal education election commission. In the absence of the competent local authorities, these acts are carried out by the executive branch of the constituent entity of the Russian Federation, which is responsible for enforcing the court's decision in respect of the holding of elections. The voter lists must be completed no later than 20 days before the election day. ". 6. Part 1 of Article 13 should be amended to read: " The Electoral Commission of the Municipal Education, composed of at least seven members of the commission shall be formed by a representative body of local government and, in the absence of the head, municipal education or local government (official), authorized by the statutes of municipal education or by a court decision, from among persons proposed by local government bodies, voluntary associations, assemblies electors, by place of work, service, study or residence, no later than 75 days before election day and approved by the designated local authority. In the absence of the competent local authorities, these acts shall be carried out by the executive branch of the constituent entity of the Russian Federation, which is responsible for enforcing the court's decision in respect of the holding of elections. " 7. Article 14, paragraph 4, should read as follows: " The district election commissions shall be formed by the election commission of municipal education from among the persons nominated by the local self-government bodies, the public At least seven members of the commission shall be elected, at least 50 days before the election day, and shall be approved by a representative body of local self-government. by the head of municipal education or by a body (official) of a local Self-government, authorized by the statute of the municipal education or by a court decision. In the absence of the competent local authorities, these acts shall be carried out by the executive branch of the constituent entity of the Russian Federation, which is responsible for enforcing the court's decision in respect of the holding of elections. " 8. In article 15: Part One: " The territorial election commissions may be formed in the election of local government officials in one single mandate constituency, as well as in education of multihomed districts for the election of deputies of a representative body of local self-government in accordance with Article 4 of this Regulation, if the number of voters in the district exceeds 100,000. "; part three The following wording should be revised: Territorial The election commissions are formed by the election commission of the municipal education from among the persons proposed by the local government bodies, voluntary associations, the assembly of voters in the place of work, service, study or residence, not later than 50 days before the election day, composed of not less than seven members of the commission and approved by a representative body of local self-government, and in the absence of a head of municipal education or a body (official) of local self-government, by the authorized charter of the municipality or by a court decision. In the absence of the competent local authorities, these acts shall be carried out by the executive branch of the constituent entity of the Russian Federation, which is responsible for enforcing the court's decision in respect of the holding of elections. " 9. In the first part of article 22, replace the words "place of residence" with the words " place of residence, and for candidates nominated by the electoral associations (blocs), also the decision of the authorized body of the electoral association (s) to nominate them, including list of nominated candidates. " 10. Part 6 of Article 28 should read as follows: " No later than 30 days before the election day, the head of municipal education or the local government (official) authorized by the charter of municipal education, The decision of a representative body of local self-government or a court decision is required on the territory of each polling station in places suitable for visiting voters, allocate and organize at least one special stand for embroiders, or Adhesive printed campaign materials. Each candidate registered in the district shall be given an equal space to hold the campaign printed materials. In the absence of the competent local authorities, these acts shall be carried out by the executive branch of the constituent entity of the Russian Federation, which is responsible for enforcing the court's decision in respect of the holding of elections. " 11. Article 34, paragraph 1, should read as follows: " The voting facilities shall be made available to the precinct election commissions by the head of the municipal education or by the body (official) of the local government; The authorized charter of the municipal education, the decision of a representative body of local self-government or a court decision. If it is not possible to use premises located in State or municipal property, the premises are rented from other owners. In the absence of the competent local authorities, these acts are carried out by the executive branch of the constituent entity of the Russian Federation, which is responsible for enforcing the court's decision in respect of the holding of elections. Payment for rent and damages shall be paid by the election commissions from the funds allocated for the conduct of elections. ". 12. In the first and fourth sections of article 40, the words "or the election of deputies to a representative body of local self-government under a single multi-member district" shall be deleted. 13. In the first part of article 44, the words "shall be two years from the date of the vote" to be replaced by the words "shall be established in accordance with article 3, paragraph 12, of the Federal Law "Ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies". Article 3. This law shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 22 June 1998 N 85-FZ