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Amending Articles 35 And 38 Of The Federal Law On Basic Guarantees Of Electoral Rights And Right To Participate In Referendum Of The Citizens Of The Russian Federation And The Federal Law On General Principles Of Organization Of Local Self-Government I...

Original Language Title: О внесении изменений в статьи 35 и 38 Федерального закона "Об основных гарантиях избирательных прав и права на участие в референдуме граждан Российской Федерации" и в Федеральный закон "Об общих принципах организации местного самоуправления в Российской Ф

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Federal Law On Amendments to Articles 35 and 38 of the Federal Law On Basic Guarantees of Voting Rights and the Right to Participation in the Referendum of Citizens OF THE PRESIDENT OF THE RUSSIAN FEDERATION representative of the municipal and municipal authorities districts adopted by the State Duma on March 11, 2011 Approved by the Federation Council on March 16, 2011 (In the wording of Federal Law dated 02.05.2012. N 41-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2253; 2003, N 27, sect. 2711; 2005, N 30, sect. 3104; 2006, N 29, 100 3124; N 31, st. 3427; N 50, sect. 5303; 2009, N 7, sect. 771; N 14, est. 1577; N 20, sect. 2391; N 23, st. 2763; 2010, N 17, sect. 1986; 27, sect. 3417) The following changes: 1) Article 35 should be added to paragraph 18 reading: " 18. At least half of the deputies elected in the municipal elections for the representative body of the municipal district, the city district with a size of 20 and more deputies are distributed among the lists of candidates nominated by the electoral authorities. The associations are proportional to the number of votes received by each of the candidate lists. The law of the constituent entity of the Russian Federation may provide for the minimum percentage of votes obtained from the list of candidates, which cannot be more than 5 per cent of the number of candidates, in order to permit such distribution of deputy mandates. The votes of the voters who participated in the voting. At the same time, the minimum percentage of votes must be set so as to ensure that at least two lists of candidates who receive more than 50 per cent of the vote are allocated to the distribution of parliamentary seats, in article 38: (a) in article 38: (a) in paragraph 1, the words "in paragraph 16 or 16-2" should be replaced by the words "in paragraph 16, 16-2 or 16-4"; b) (Spaced by Federal Law 02.05.2012 N 41-FZ) Article 2 THE RUSSIAN FEDERATION 3822; 2004, N 25, 100 2484; 2005, N 30, est. 3104; 2006, N 1, est. 10; N 8, est. 852; N 31, est. 3427; 2007, N 10, est. 1151; N 26, est. 3074; N 43, sect. 5084; N 45, sect. 5430; 2008, N 24, st. 2790; N 48, sect. 5517; N 52, sect. 6229, 6236; 2009, N 19, st. 2280; N 52, sect. 6441; 2010, N 19, 100. 2291; N 49, sect. 6411) the following changes: 1) in article 23: a) in Part 3 of the sentence, delete; b) to be supplemented with Part 3-1: " 3-1. At least half of the deputies elected in the municipal elections of the representative body of the municipal district, the city district with a size of 20 and more deputies are allocated in accordance with the electoral legislation between the lists Candidates nominated by political parties (their regional offices or other structural units) are proportional to the number of votes received by each of the candidate lists. The law of the constituent entity of the Russian Federation may specify the conditions for the application of electoral systems in other municipalities, depending on the number of voters in the municipality, the type of municipal education and the other "circumstances."; 2), to supplement article 24 with Part 2-1 as follows: " 2-1. In case all deputy mandates or part of deputy mandates in the representative body of municipal education are replaced by deputies elected in the lists of candidates nominated by the election associations, the recall of the deputy is not apply. "; 3) to add the following content to article 35-1: " Article 35-1. Factions in the representative body of municipal education 1. The deputies of the representative body of the municipal education, elected in the lists of candidates nominated by political parties (their regional branches or other structural units), are members of the deputy associations (in the faction). (hereinafter referred to as a fraction), except as provided for in Part 3 of this Article. The faction includes all the deputies elected (elected) in the respective list of candidates. The factions may also include members elected in single-member or multi-member constituencies, and deputies (deputies) elected (elected) in the list of candidates of the political party (its regional office or other structure) (a) The purpose of the organization; 2. The procedure for the activities of the factions shall be established by the law of the constituent entity of the Russian Federation and by a by-law or other act of a representative body of municipal education. 3. In case of termination of the activity of a political party in connection with its liquidation or reorganization, the activity of its faction in the representative body of the municipal education, as well as the membership of deputies in this faction is terminated from the date of introduction in the parliament. A single State register of legal persons of the entry. 4. A member elected as part of a list of candidates nominated by a political party (by its regional office or other organizational unit) may not withdraw from a faction in which it is composed in accordance with Part 1 of this article. The MP may only be a member of the political party of which he has been elected. 5. A member elected in a single-mandate or multi-member constituency and a member of the faction, or a member of the list of candidates of the political party referred to in part 3 of this article, may be a member of the faction. only that political party to which he belongs. 6. The member elected as a member of the list of candidates of the political party referred to in part 3 of this article, who has joined the political party, which has its own faction in the representative body of municipal education, belongs to this faction and not to the party. Right to get out of it. 7. Failure to comply with the requirements of parts 4 to 6 of this article shall entail the termination of parliamentary powers. ". Article 3 1. This law shall enter into force on the date of its official publication. 2. Provisions of article 35 of the Federal Act of 12 June 2002, No. 67-FZ " On basic guarantees of electoral rights and the right to participate in the referendum of citizens of the Russian Federation "(in the wording of this Federal Act), article 23 of the Federal Act of 6 October 2003 No. 131-FZ" On general principles OF THE PRESIDENT OF THE RUSSIAN FEDERATION The wording of this Federal Law is applied to the election of deputies of representative bodies of municipal districts and urban districts, appointed after the ninetieth day after the date of the entry into force of this Federal Law. 3. Provisions of article 38 of the Federal Law of 12 June 2002, No. 67-FZ " On the basic guarantees of electoral rights and the right to participate in the referendum of citizens The Russian Federation " (in the wording of this Federal Law) shall apply to the elections to the local self-government bodies appointed after the day of the entry into force of this Federal Law. 4. The provisions of article 35-1 of the Federal Law of 6 October 2003 No. 131-FZ "On the general principles of the organization of local self-government in the Russian Federation" (in the wording of this Federal Law) apply to the deputies in the faction and to factions in representative bodies of municipalities, voting in the elections that took place after the day of the entry into force of this Federal Law of the law. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 20 March 2011 N 38-FZ