On Amendments To The Federal Law On General Principles Of Organization Of Local Self-Government In The Russian Federation "

Original Language Title: О внесении изменений в Федеральный закон "Об общих принципах организации местного самоуправления в Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW on amendments to the Federal law on general principles of organization of local self-government in the Russian Federation "adopted by the State Duma on December 15, 2004 the year approved by the Federation Council December 24, 2004 year Article 1 amend the Federal law of October 6, 2003 N 131-FZ" on general principles of organization of local self-government in the Russian Federation "(collection of laws of the Russian Federation, 2003 N 40, St. 3822; 2004, no. 33, art. 3368) as follows: 1) second and third paragraphs of part 1 of article 2 shall be amended as follows: "rural settlement-one or more common territory of rural settlements (towns, villages, villages, villages, hamlets, villages, villages and other rural settlements), in which local self-government is carried out by the population directly and (or) through elective and other bodies of local self-government;
urban settlement-town or village in which local self-government is carried out by the population directly and (or) through elective and other bodies of local self-government; ";
2) article 11: in part 1, paragraph 1 shall be amended as follows: "1) the territory of the Russian Federation shall distinguish between the settlements. Territory with a low density of the rural population, with the exception of the territories referred to in paragraph 3 of this part, may not be included in the composition of settlements territories; ";
paragraphs 5-7 shall be amended as follows: "5) into urban settlements can include one city or one village, as well as in accordance with the master plan of urban settlements of the territory intended for the development of its social, transport and other infrastructure (including towns and rural settlements, non-municipal entities);
6) into rural settlement might include, as a rule, one rural locality or village with a population of more than 1000 people (for the territory with high density of population-more than 3000 people) and (or) sharing a common territory several rural settlements with a population of less than 1000 people each (for the territory with high density of population-less than 3000 people each);
7) rural locality with a population of less than 1000 people, as a rule, is part of the rural settlement ";
paragraphs 10-13 shall be amended as follows: ' 10) the administrative center of the municipal area can be considered a city (town), having the status of city district and located within the boundaries of the municipal area;
11) boundaries of rural settlement, consisting of two and more settlements are usually installed with a view of the pedestrian accessibility to its administrative centre and back during the workday for the inhabitants of all settlements within its structure, and the boundaries of the municipal area, taking into account the transport accessibility to its administrative centre and back during the workday for the inhabitants of all settlements within its composition. These requirements in accordance with the laws of the constituent entities of the Russian Federation may not apply in areas with low density of the rural population, as well as in remote and inaccessible areas;
12) the territory of the settlement should be included in the territory of the settlement;
13) the territory of the settlement cannot be part of another settlement ";
paragraph 16 should read: "16) the territory of the settlement must fall entirely into municipal district.";
Part 3: the first sentence should read as follows: "3. The territories with low density rural population belong to the territory of the constituent entities of the Russian Federation, the individual municipal districts in the constituent entities of the Russian Federation, in which rural population density is more than three times lower than the average density of the rural population in the Russian Federation.";
the second sentence, after the words "low density" to supplement the word "Agriculture";
Part 4: the first sentence should read as follows: "4. The territories with high density rural population belong to the territory of the constituent entities of the Russian Federation, the individual municipal districts in the constituent entities of the Russian Federation, in which rural population density is more than three times higher than the average density of the rural population in the Russian Federation.";
the second sentence, after the words "high density" to supplement the word "Agriculture";
3) first paragraph of part 3 of article 83 supplement suggestions as follows: "articles 2 and 10 of the present Federal Act apply when implementing the requirements of articles 84 and 85 of this federal law. Article 25 hereof shall apply when implementing the requirements of part 3 of article 84 and part 5 of article 85 of the present Federal law. Article 79-81 of the present Federal Act apply when implementing the requirements of part 1 of article 85 of the present Federal law. ";
4) article 84: part 2: the first paragraph shall be amended as follows:

"2. the organs of local self-government and local government officials, elected before the entry into force of this chapter, as well as selected in accordance with the first paragraph of part 1 of this article, January 1, 2006 year exercise jurisdiction on issues of local importance in accordance with this federal law, taking into account the status of the municipal entity, established by the law of the Russian Federation.";
supplemented by a paragraph reading as follows: "the provisions of parts 6-8 article 35, parts 2 and 3 of article 36, parts 2-6 of article 37 hereof shall also apply in case the Charter of municipal formation(education) adopted by local referendum or if the composition of the representative body, reorder municipal election and powers of Heads of municipal education defined by the decision of the local referendum. Bringing the Charter of municipal formation(education) in compliance with the above provisions, in this case the decision of the representative body of the municipality, and in settlements with populations of eligible, fewer than 100 people-the population directly on citizens ' gathering. ";
Part 3: in the fourth paragraph, the words "February 1, 2005 year" were replaced by the words "March 1, 2005 year";
supplement paragraphs read as follows: "If the composition of the territory (boundaries) of the municipality (except district) of the city and other localities are municipal entities, not later than March 1, 2005 year the law of the Russian Federation decision: on the abolition of these municipalities (excluding City) and the respective local Government not later than January 1, 2006 year if data territory of municipalities are located within the city limits;
delisting territories settlements outside the city limits, from the whole territory of specified municipality.
Local municipalities are abolished from January 1, 2006 year.
If the municipality consists of several cities, non-municipal entities, not later than March 1, 2005 onwards in accordance with part 1 of article 85 of the present Federal law every city confers the status of urban settlement (urban district), defined its boundaries and to November 1, 2005 year held local elections. The specified municipality is to be abolished from January 1, 2006 year the law of the Russian Federation.
If on the territory of the district, which is a municipality on the day of official publication of this federal law is one locality or if, in accordance with the provisions of article 11 hereof may be constituted no more than two settlements, not later than March 1, 2005 year specified locality Confers the status of urban or rural settlement or territory specified region confers the status of a rural settlement. The specified municipality (district) is to be abolished from January 1, 2006 year the law of the Russian Federation. The newly formed settlement and the area of the region that are not documented in the territory of the specified settlement in the municipal area. Elections to local self-government bodies of the newly formed settlements shall be made after the expiration of the term of Office of the local self-government bodies and elected officials of local self-government of the area, which from January 1, 2006 year exercise jurisdiction on matters of local significance of the newly formed settlements in accordance with this federal law. ";
Part 5 supplement paragraphs read as follows: "bodies of local self-government, the newly formed municipalities formed in accordance with this federal law in 2004 year, are entitled, in accordance with the law of a constituent entity of the Russian Federation to proceed with the implementation of powers from January 1, 2005 year and exercised powers until January 1, 2006 year in accordance with the provisions of the Federal law dated August 28, 1995 N 154-FZ" on general principles of organization of local self-government in the Russian Federation ". While article 14-17 specified federal law and part 4 of this article shall not apply. The law of the Russian Federation may stipulate the decision of local authorities local issues stipulated by this federal law. The constituent entities of the Russian Federation provide the revenues of local budgets to implement the spending commitments of municipalities. In such a case, the provisions of the Federal law dated September 25, 1997 N 126-FZ "on the financial foundations of local self-government in the Russian Federation" shall not apply.

Deputies of representative bodies of local self-government and local government elected officials elected in the newly formed municipalities are under an obligation to cease activities incompatible with the status of deputy representative body of local self-government or an elected local government official, the date from which the relevant organs of local self-government are embarking on an authority on issues of local importance in accordance with this federal law, and within seven days from that date to submit to the Electoral Commission (IAVI), the relevant election, copies of documents confirming the fulfillment of this requirement. In the event of his failure to comply with these powers of Deputies and elected officials shall terminate prematurely in the courts. Before the date from which the relevant organs of local self-government are embarking on an authority on issues of local importance in accordance with this federal law, a citizen, elected Deputy of a representative body of local self-government or an elected local government official in the newly-formed municipality, the provisions of paragraph 6 of article 70 of the Federal law dated June 12, 2002 N 67-FZ "on basic guarantees of electoral rights and right to participate in referendum of the citizens of the Russian Federation , federal laws establishing for a citizen to replace the paid post engaged in paid employment or Deputy of a representative body of the Government, and for other categories of citizens established by federal laws that ban be a Deputy of a representative body of local self-government or an elected official of a local government, shall not apply. ";
5) Article 85: part 1: in paragraph 1, the words "January 1, 2005 year" were replaced by the words "March 1, 2005 year";
paragraph 2 shall be amended as follows: "2) until March 31, 2005 year set by the law of the Russian Federation the number of representative bodies of the first convocation of the newly formed municipalities and their terms of Office, which may not be less than two years, defines the procedure for the formation of the first convocation of representative bodies of the newly formed municipalities, determine the date of the elections to the representative organs of the newly formed municipalities, as well as the holding of these elections in the period up to November 1, 2005 year;
until March 31, 2005 year set by the law of the Russian Federation terms of Office which may not be less than two years, determine the date of the election of the heads of the newly formed municipalities, which in the manner provided by paragraph 5 of article 34 of this federal law, no decision on holding a referendum (vanishing) on the structure of local authorities, as well as the holding of these elections in the period up to November 1, 2005 year in municipal boundaries established in accordance with the requirements of this federal law. When the elected head of the municipality is headed by a representative body of the municipality, unless otherwise established by the Charter of municipal formation(education);
until April 30, 2005 onwards define the date of the election of elective bodies and elected officials of municipalities stipulated by the structure of the organs of local self-government established by the referendum (gathering of citizens) in the manner prescribed by part 5 of article 34 of this federal law.
Local elections are appointed within the deadlines established by the legislation of the Russian Federation on elections and referendums.
In order to ensure the preparation and holding of elections to local self-government bodies newly formed municipalities law of a constituent entity of the Russian Federation may include: formation of election commissions the newly formed municipal districts and urban districts and the legislative (representative) body of State power of constituent entities of the Russian Federation, the formation of election commissions the newly formed urban and rural settlements, a representative body of the municipal district, which is composed of these settlements;
entrusting the election commissions the newly formed municipalities in the territorial election commissions;
implementation of territorial election commissions of certain powers related to the activities of the Electoral Commission of the Russian Federation on formation of election commissions the newly formed municipalities in accordance with the Federal law of June 12, 2002 N 67-FZ "on basic guarantees of electoral rights and the right to vote of citizens of the Russian Federation";

approval of scheme of constituencies for the elections in the newly formed municipalities, municipal districts and the legislative (representative) body of State power of constituent entities of the Russian Federation or the Electoral Commission organizing the election;
approval of scheme of constituencies for the elections in the newly formed urban and rural settlements, a representative body of the municipal district, which is composed of these settlements, or Electoral Commission organizing the election. ";
Part 3: in the second paragraph, the words "January 1, 2005 year" were replaced by the words "March 1, 2005 year";
supplement paragraphs read as follows: "If the town (village), which should be granted the status of urban settlement, has no approved master plan in accordance with the established procedure or its current territory extends beyond the city limits, as well as if between the city (village) and other municipal entities are not permitted to be justiciable disputes on territories, the composition of the territories and the edge of the corresponding urban settlement approved by: based on the historical territory of the city (village) and in accordance with the boundaries of the land allocated to urban areas and territories intended for the development of social, transport and other infrastructure of the city (village);
in accordance with the boundaries of territories and Lands, as defined in the legal acts establishing the membership of the disputed territories and land to the territory of the town (village).
Legal act which, in accordance with the fifth paragraph of this part of the municipal boundary was approved in part of the territory, contested in court, subject to adjustment in accordance with the decision of the Court.
In the territories of subjects of the Russian Federation, in which historically traditional transhumance, territory and borders municipalities shall be established in accordance with the provisions of articles 10-13 hereof by reference to the law of the Russian Federation governing the definition of the territories and the use of land for transhumance, and characteristics of the resettlement of the population in these areas. ";
Part 7 shall be amended with paragraph 7 to read as follows: "7) until June 1, 2005 year approves the maintenance of the State Register of municipalities of the Russian Federation, as well as the federal body of executive power, authorized by the Government of the Russian Federation on the maintenance of the register.";
Part 10 shall be amended as follows: ' 10. Bodies of local self-government, the newly formed municipalities are successors to the bodies of local self-government and local government officials, other agencies and officials, carried out on the territories of these municipalities the authority to address local issues on the basis of legislative acts of the Russian Federation, the date from which the bodies of local self-government shall take authority in accordance with the provisions of part 5 of article 84 of this federal law.
Financial liabilities of local self-administration bodies of the newly formed municipalities arising by virtue of succession determined by the transfer (separation). Procedure and deadlines for drafting the transmission (separation) of the Act shall be established by the Government of the Russian Federation.
The specified transfer (separation) Act is approved by the law of the Russian Federation. "
Article 2 this federal law shall enter into force on the day of its official publication.
The President of the Russian Federation v. Putin in Moscow, the Kremlin December 28, 2004 N 186-FL

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