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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On Amendments to the Federal Law "On General Principles of the Organization of Local Government in the Russian Federation" Accepted State Duma of the Russian Federation on December 15, 2004 Approved by the Federation Council on 24 December 2004 Article 1 Article 1 Article 1 of the Federal Law dated October 6, 2003 N 131-FZ " About the general principles OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3822; 2004, N 33, est. 3368) the following changes: 1) the second and third paragraphs of article 2, as follows: " rural settlement-one or more united common territory of rural settlements (towns, villages, pages, villages, hutains, kishlaks, auls and other rural settlements) in which local self-government is carried out by the population directly and (or) through elected and other bodies of local self-government; urban settlement-city or village where local self-government is carried out by the population directly and (or) through elected and other bodies of local self-government; "; (2) in article 11: in Part 1: paragraph 1 should read: " 1) territory of the subject of the Russian Federation is the distinction between settlements. Territories 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 territories of the settlements; "; , paragraphs 5 to 7, amend to read: " 5) in the composition of the territory; The territory of an urban settlement may consist of one city or one settlement, as well as in accordance with the master plan of the urban settlement of the territory intended for the development of its social, transport and other infrastructure (including territory settlements and rural settlements which are not municipal ); 6), a rural settlement may include, as a rule, one rural settlement or village with a population of more than 1,000 inhabitants (for a densely populated territory, more than 3,000) (a) and (or) combined rural settlements with a population of less than 1,000 inhabitants each (with a high population density of less than 3,000 inhabitants); 7) rural The population of fewer than 1,000 people is generally part of the rural population ";"; paragraphs 10 to 13 should read as follows: " 10) the city (town), which has the status of an urban district and situated within the municipal boundaries, may be considered as the administrative centre of the municipal district; 11) the boundaries of the rural settlement, which consists of two or more settlements, are generally established on the basis of pedestrian access to its administrative centre and back during the working day for the inhabitants of all of human settlements and the boundaries of the municipal area, taking into account the The transport accessibility to its administrative centre and back during the working day for the inhabitants of all the constituent settlements. These requirements may not be applied in accordance with the laws of the constituent entities of the Russian Federation, but may not be applied in territories with a low density of the rural population, as well as in remote and inaccessible areas; 12) the territory of a builtup area should be fully part of the territory of the settlement; 13) the territory of the settlement may not be part of the territory of another settlement; "; paragraph 16 should read: " 16) the territory of the settlement should be To be fully part of the territory of the municipal district. "; In Part 3: first sentence to read: " 3. The territories with a low density of rural population include the territories of the constituent entities of the Russian Federation and certain municipal regions in the constituent entities of the Russian Federation, and the rural population density is more than three times lower than the average Density of rural population in the Russian Federation. "; second sentence after the words" low density "should be supplemented by the word" rural "; in Part 4: , the first sentence should read:" 4. The regions with a high density of rural population include the territories of the constituent entities of the Russian Federation and certain municipal regions in the constituent entities of the Russian Federation, whose rural population is more than three times higher than the average Density of rural population in the Russian Federation. "; second sentence after the words" high density "with" rural "; 3) paragraph 1 of article 83, paragraph 1, should be supplemented with the following sentences:" Articles 2 and 10 of this Federal Law apply in the realization of the requirements Articles 84 and 85 of this Federal Act. Article 25 of this Federal Act applies to the implementation of the requirements of article 84, paragraph 3, and article 85, paragraph 5, of this Federal Act. Articles 79 to 81 of this Federal Act apply in the implementation of the requirements of article 85 (1) of this Federal Law. "; 4) in article 84: in Part 2: the first paragraph should read: " 2. Local authorities and local government officials elected prior to the entry into force of this chapter, as well as those elected in accordance with the first paragraph of this article, shall, as of 1 January 2006, exercise powers to decide Matters of local significance in accordance with this Federal Law, taking into account the status of the relevant municipal entity established by the law of the subject of the Russian Federation. "; , add the following paragraph: " Provisions of parts 6 to 8 of article 35, parts 2 and 3 of article 36, parts 2 to 6 Article 37 of this Federal Law shall also apply if the statute of the municipal entity is adopted by a local referendum, or if the numerical composition of the representative body of the municipal entity, the procedure of election and the powers of the head of the municipality are adopted. The municipal education is determined by the decision of the local referendum. The regulation of the municipal education shall be in accordance with these provisions by the decision of a representative body of municipal education, and in settlements with the number of inhabitants with the right to vote, 100 by the population directly at the gathering of citizens. "; in Part 3: in paragraph 4 of the word" 1 February 2005 ", replace" 1 March 2005 "; with the following paragraphs: " If present within the territory (within the boundaries) of the municipal Education (except the district) of the city and other municipalities, which are municipalities, shall not later than March 1, 2005, by law of the constituent entity of the Russian Federation: on the abolition of these municipal bodies; Education (except the city) and the relevant local authorities not later than 1 January 2006, if the territory of these municipalities is within urban boundaries; of items outside urban areas of The territory of the said municipality. Intra-urban municipalities have been abolished on 1 January 2006. If municipal education consists of several non-municipal cities, no later than 1 March 2005, in accordance with article 85, paragraph 1, of this Federal Act, each city has a status The city's district (city district) is defined by its borders and local elections are held until November 1, 2005. This municipal education shall be abolished on 1 January 2006 by the law of the constituent entity of the Russian Federation. If, on the territory of an area which is a municipal entity on the date of the official publication of this Federal Law, there is one locality or if, in accordance with the provisions of article 11 of this Federal Act, The law may consist of no more than two settlements, and no later than 1 March 2005, the designated locality shall be given the status of an urban or rural settlement, or the territory of the designated area shall be granted the status of a rural settlement. The said municipal education (district) shall be abolished on 1 January 2006 by the law of the subject of the Russian Federation. The newly formed settlement and the territory of the area not included in the territory of the said settlement are included in the municipal area. Elections to local self-government bodies of the newly formed settlement are held after the end of the term of office of local self-government bodies and elected officials of the local government of the said area, which since January 1, 2006 shall exercise authority to resolve questions of the local importance of the newly formed settlement in accordance with this Federal Law. "; Part 5 to supplement the following paragraphs: " Local authorities newly formed municipalities formed in accordance with This Federal Act, in 2004, has the right, in accordance with the law of the constituent entity of the Russian Federation, to begin the exercise of powers as from 1 January 2005 and exercise powers until 1 January 2006, in accordance with the provisions of the Federal Act. Act No. 154-FZ of 28 August 1995 on the general principles of the organization of local self-government in the Russian Federation. However, articles 14 to 17 of the said Federal Act and Part 4 of this article do not apply. The law of the constituent entity of the Russian Federation may provide for a decision by local self-government bodies to matters of local importance established by this Federal Law. The constituent entities of the Russian Federation ensure the income of local budgets for the realization of the arising obligations of municipal entities. In such a case, the provisions of the Federal Act of 25 September 1997 No. 126-FZ on the financial basis of local self-government in the Russian Federation are not applicable. The deputies of the representative bodies of local self-government and elected officials of the local self-government elected in the newly formed municipalities are obliged to cease activities incompatible with the status of the deputy. a representative body of local self-government or an elected local government official, from the date from which the relevant local authorities begin to exercise authority over matters of local government. under this Federal Act and within seven days from that date, to submit copies of the documents confirming the fulfillment of this requirement to the election commission, which organized the election. In case of failure to do so, the powers of the deputies and elected officials shall be terminated before the court in court. Prior to the date on which the relevant local self-government bodies begin to exercise powers to resolve questions of local importance in accordance with this Federal Law, in respect of a citizen elected by the deputy A representative body of local self-government or an elected official of local self-government in the newly formed municipal education, the provisions of article 70, paragraph 6, of the Federal Act of 12 June 2002, No. 67-FZ " On basic guarantees OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal laws establishing for a citizen who is a paid employment or a member of a representative body of State authority and other categories of citizens federal laws, prohibition to be a member of a representative body of local self-government or elected official of local self-government, shall not apply. "; 5) in article 85: in Part 1: in paragraph 1 of the word "1 January 2005" to be replaced by "1 March 2005"; Paragraph 2 should be amended to read: " (2) until 31 March 2005, by the law of the constituent entity of the Russian Federation, the number of representative bodies of the first convocation of the newly formed municipal entities and their terms powers, which cannot be less than two years, determine the formation of representative bodies of the first convocation of the newly formed municipal districts, determines the date of the elections to the representative bodies of the newly formed municipal districts of the elections in the period prior to 1 November 2005 years; until 31 March 2005, by the law of the constituent entity of the Russian Federation, the terms of office, which may not be less than two years, determine the date for the election of the heads of the newly formed municipalities in which, in order, Under article 34, paragraph 5, of this Federal Act, no decision has been taken on the holding of a referendum (of citizens ' gathering) on the structure of local self-government bodies, as well as the holding of these elections until 1 November 2005, within the boundaries of municipalities established by the the requirements of this Federal Act. At the same time, the elected head of municipal education is the head of a representative body of the municipality, unless otherwise established by the charter of the municipal education; until 30 April 2005 determines the date of election of the elected The bodies and elected officials of the municipal entities provided for by the structure of the local self-government bodies established by the referendum (citizens ' gathering) in accordance with the procedure established by article 34, paragraph 5, of this Federal Act. The elections to local self-government bodies shall be appointed within the time limits prescribed by the laws of the Russian Federation on elections and referendums. In order to ensure the preparation and conduct of elections to the local self-government bodies of newly formed municipal entities, the law of the constituent entity of the Russian Federation may provide: Commissions of newly formed municipal districts and urban districts by legislative (representative) body of State authority of the constituent entity of the Russian Federation, formation of electoral commissions of newly formed urban and rural settlements representative body of the municipality in which include the settlements; the election commissions of the newly formed municipalities to the territorial election commissions; OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 67-FZ " Basic guarantees of electoral rights and right to participate in The referendum of the citizens of the Russian Federation "; approval of the scheme of electoral districts for elections in the newly formed municipal districts and in the city districts by the legislative (representative) body of the state authority of the constituent entity of the Russian Federation or the electoral commission organizing the elections; Approval of a scheme of electoral districts for the holding of elections in the newly formed urban and rural settlements by a representative body of the municipality of the area in which the settlements are located, or an electoral commission organizing the elections. "; in Part 3: in the second word" 1 January 2005 ", replace" 1 March 2005 "; with the following paragraphs: " In case of The town (village), which is to be given the status of an urban settlement, does not have an approved master plan, or its established territory goes beyond the city limits, and if between the city (village) and Other municipal entities are not authorized by the courts Disputes over the territories, the composition of the territory and the boundaries of the relevant urban settlement are approved: , based on the historical territory of the town (village), as well as in accordance with the boundaries of the land allocated for the urban development and territories for the development of the social, transport and other infrastructure of the city (village); , in accordance with the boundaries of the territories and land that are defined by legal acts, establishing ownership of disputed territories and land the territory of the city (settlement). The legal act which, in accordance with paragraph 5 of this Part, has approved the boundary of municipal education in the part of the territory contested in the court, shall be brought into conformity with the decision of the court. In the territories of the constituent entities of the Russian Federation, which historically have developed traditional forms of herding livestock, the territory and boundaries of municipal entities are established in accordance with the provisions of Articles 10 to 13 of the present The Federal Act, taking into account the legislation of the constituent entity of the Russian Federation regulating the procedure for the determination of territories and the use of land for the purpose of animal husbandry, and the peculiarities of the settlement of the population in those territories. "; Part 7 to supplement paragraph 7 with the following: " 7) until June 1, 2005, approves the procedure for the maintenance of the state register of municipal entities of the Russian Federation, as well as the federal executive authority, authorized by the Government of the Russian Federation for the maintenance of the the registry. "; Part 10 redraft: " 10. Local governments of newly formed municipalities are the legal successors of local self-government bodies and local government officials, other bodies and officials who have carried out the activities in the territories. of the Russian Federation, on the basis of the legislative acts of the Russian Federation, from the date on which the local self-government bodies are to commence the exercise of powers in accordance with The provisions of article 84, paragraph 5, of this Federal Act. The property obligations of the local self-government bodies of newly educated municipalities arising from the succession shall be determined by the transfer (s). The Government of the Russian Federation shall order and date the transfer (s) of the act. Article 2 Article 2 This federal law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 28 December 2004 N 186-FZ