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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 24 April 2009 Approved by the Federation Council on 29 April 2009 2003 N131-FZ "On general principles of local organization" THE RUSSIAN FEDERATION 3822; 2004, N 25, 100 2484; 2005, N 30, est. 3104; 2006, N 8, est. 852; N 31, est. 3427; 2007, N 1, st. 21; N 10, est. 1151; N 26, est. 3074; N 43, sect. 5084; 2008, N 48, sect. 5517; N 52, sect. (6236) the following changes: 1) Paragraph 2 of Article 34, after the words "Article 37 Parts 5 and 11", add the words "and Article 74-1"; (2) in article 35: (a) Part 10, add the following: "10) take a decision to remove the head of the municipal education."; b) to supplement part 11-1 as follows: " 11-1. The representative body of municipal education shall hear the annual reports of the head of municipal education, the head of the local administration on the results of their activities, the activities of the local administration and other subordinate municipal officials. The formation of local government bodies, including the issues raised by a representative body of municipal education. "; (3) in article 36: (a), add paragraph 5 to read as follows: " 5) ensures the implementation by local governments powers to resolve questions of local importance and individual State powers transferred to local government bodies by federal and constituent entities of the Russian Federation. "; b) to supplement part 5-1 of the following Content: " 5-1. The head of municipal education submits an annual report on the results of his activities to the representative body of municipal education, and in the event that the head of municipal education heads the local administration, the results The activities of the local administration and other local self-government bodies, including the issues raised by the representative body of municipal education. "; in Part 6, supplement paragraph 2-1 of the following contents: " 2-1) Retired according to Article 74-1 of this Federal Law; "; 4) Article 37 should be supplemented with Part 6-1 as follows: " 6-1. The head of the local administration, exercising his authority under the contract: 1) is under control and is accountable to the representative body of the municipal education; 2) represents the representative body of the municipality Annual reports on the results of their activities and the activities of the local administration, including the issues raised by a representative body of municipal education; 3) ensures the implementation of the local administration of authority to address local issues and The first sentence of article 43, paragraph 3, after the words "on the territory of the municipal government" "to supplement the decision on the removal of the head of municipal education,"; 6), to supplement article 74-1 as follows: " Article 74-1. Removing the head of the municipal education in resignation 1. The representative body of municipal education, in accordance with this Federal Law, has the right to remove the head of municipal education by the initiative of the deputies of the representative body of municipal education or at the initiative of OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The grounds for removal of the head of the municipal education are: 1) the decision, action (inactivity) of the head of municipal education, resulting in the effect of the consequences set out in paragraphs 2 and 3 of Part 1 of the article 75 of this Federal Law; 2) failure to perform three or more months of duty to resolve questions of local importance, exercise the powers provided for by this Federal Law, other federal laws, by the constitution of the municipality and (or) the obligation to provide (b) Implementation by local self-government bodies of separate State powers transferred to local government bodies by federal laws and federal laws of the Russian Federation; 3) unsatisfactory performance rating The head of municipal education is a representative body of municipal education based on the results of his annual report to the representative body of municipal education, the two consecutive times. 3. The initiative of deputies of the representative body of municipal education on the removal of the head of municipal education, nominated by not less than one third of the established number of deputies of the representative body of the municipality Education shall be made in the form of an appeal to a representative body of municipal education. The appeal is made together with the draft decision of the representative body of the municipal education on the dismissal of the head of the municipal education. The head of the municipal education and the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of the constituent entity of the Russian Federation) shall be notified no later than the day. The following day, the representative body of the municipal education shall be referred to the representative body. 4. Consideration of the initiative of the deputies of the representative body of municipal education on the dismissal of the head of municipal education shall be carried out taking into account the opinion of the highest official of the constituent entity of the Russian Federation (head of the higher education institution). OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. In case of consideration of the initiative of the representative body of municipal education on the removal of the head of municipal education, it is proposed to consider issues relating to the implementation by local authorities. Self-governance of certain public powers transferred to local self-government bodies by federal laws and laws of the subject of the Russian Federation, and (or) decisions, actions (inaction) of the head of the municipal education, which resulted in (agenda item 3 (a) (ii)) Article 75, paragraph 1, of this Federal Act, the decision to remove the head of the municipal education may be taken only with the consent of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body) of the Russian Federation). 6. The initiative of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of the constituent entity of the Russian Federation) on the removal of the head of the municipal education shall be issued in the form of an appeal, which shall be entered into the representative body of the municipal education together with the draft of the relevant decision of the representative body of municipal education. The head of municipal education shall be notified no later than the day following the date of submission of the initiative to the representative body of the municipality. 7. Consideration of the initiative of the deputies of the representative body of municipal education or the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of the constituent entity of the Russian Federation) The removal of the head of the municipal education shall be carried out by a representative body of municipal education within one month from the date of the appropriate treatment. 8. The decision of the representative body of the municipal education on the removal of the head of the municipal education shall be deemed accepted if at least two thirds of the number of members of the representative body has voted for it Municipal education. 9. The decision of the representative body of municipal education to remove the head of municipal education shall be signed by the chairman of the representative body of municipal education. 10. If, in accordance with the charter of the municipality, the head of municipal education is a member of the representative body of municipal education with the right to vote and the authority of its chairperson, the decision to remove The head of the municipal education shall be signed by the deputy chairing the meeting of the representative body of municipal education. 11. If, in accordance with the charter of the municipal entity, the head of the village is headed by an executive and administrative body, and has the powers of the chairperson of the representative body of the municipality, the decision to remove The head of the municipal education shall be signed by the deputy chairing the meeting of the representative body of municipal education. 12. In the event that the head of the municipal entity, who is a member of the representative body of municipal education with the right to vote and the acting chairman, is present at the meeting of the representative body of the municipality The meeting is chaired by a representative of the representative body of the municipality, which is authorized to do so by the representative body of the municipal council. Education. 13. When considering and adopting a representative body of municipal education, the decision to remove the head of the municipal education shall be provided: 1) to receive notification in advance of the date and place of the municipal education OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation) and the draft decision of the municipal education authority to remove him; 2) to enable him to give an explanation to the members of the representative body of the municipality about the circumstances of the case Retired. 14. In the event that the head of municipal education does not agree with the decision of the representative body of the municipality to remove him, he has the right to express his dissenting opinion in writing. 15. The decision of the representative body of the municipal education on the removal of the head of the municipal education shall be officially published (publication) not later than five days from the date of its adoption. In the event that the head of the municipality has written his or her separate opinion on the question of his dismissal, it shall be published (publication) at the same time as the decision of the representative body of the municipality. Education. 16. If the initiative of the deputies of the representative body of municipal education or the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of the constituent entity of the Russian Federation) The removal of the head of municipal education has been rejected by a representative body of municipal education, the question of removal of the head of the municipal education may be submitted for reconsideration by a representative body municipal education no earlier than two months from the date of Meeting of the representative body of municipal education at which the issue was discussed. ". President of the Russian Federation Dmitry Medvedev Moscow, Kremlin May 7, 2009 N 90-FZ