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Federal Law of July 29, 2000
 
 
 

FEDERAL LAW ON ALTERATIONS AND AMENDMENTS TO THE FEDERAL LAW ON GENERAL PRINCIPLES OF ORGANIZATION OF LEGISLATIVE (REPRESENTATIVE) AND EXECUTIVE STATE BODIES OF CONSTITUENT SUBJECT OF THE RUSSIAN FEDERATION (of July 29, 2000)

2. In Article 9:

2) to introduce new item 4 of the following content:

4. In case the appropriate court establishes that the legislative (representative) state body of constituent subject of the Russian Federation adopts the constitution (charter), the law of constituent subject of the Russian Federation or other normative legal acts, contradicting the Constitution of the Russian Federation, federal constitutional laws and federal laws, and the legislative (representative) state body of constituent subject of the Russian Federation doesnt implement the court resolution relating to its competence, including rejection of its normative legal act, recognized by the court as contradicted the federal law and not valid, within six months after coming into force the resolution or within other term specified by the court, and if after expiration of specified term the court establishes that non-implementation of court resolution by the legislative (representative) state body of constituent subject of the Russian Federation rises obstacles to the realization of powers of federal bodies and local authorities determined by the Constitution of the Russian Federation, federal constitutional laws and federal laws, and the court establishes the infringement of civil rights and freedom of individuals and citizens, as well as rights and interest of legal entities, the President of the Russian Federation shall warn the legislative (representative) state body of constituent subject of the Russian Federation.

The resolution of the President of the Russian Federation on warning the legislative (representative) state body of constituent subject of the Russian Federation shall be adopted in the form of the decree.

If within three months from the date of warning the legislative (representative) state body of constituent subject of the Russian Federation by the President of the Russian Federation, the specified state body doesnt implement the court resolution relating to its competence, the President of the Russian Federation shall submit the draft of federal law On dissolution of legislative (representative) state body of constituent subject of the Russian Federation to the State Duma. The State Duma shall be obliged to consider the specified project of the federal law within two months.

Powers of legislative (representative) state body of constituent subject of the Russian Federation shall be stopped from the date of coming into force of the federal law on dissolution of legislative (representative) state body of constituent subject of the Russian Federation.

The term, during which the President of the Russian Federation adopts the decree on warning the legislative (representative) state body of constituent subject of the Russian Federation or submits the draft of federal law On dissolution of legislative (representative) state body of constituent subject of the Russian Federation to the State Duma, shall not exceed one year from the date of coming the resolution of court into force.

3. In Article19:

2) to introduce new item 4 of the following content:

"6. The resolution of the President of the Russian Federation to remove the supreme official of the constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) from his post shall cause a resignation of supreme state executive body of constituent subject of the Russian Federation, headed by the specified official.

" 8. In all cases when the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) has no possibilities to execute duties, including cases stipulated by item 4, Article 29 of the present Federal law, his duties shall be temporarily executed by an official established by the constitution (charter) or the law of constituent subject of the Russian Federation.

In case of removal of the supreme official of the constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) from a post by the President of the Russian Federation, and in case the constitution (charter) or the law of constituent subject of the Russian Federation does not establish the order of temporarily execution of duties of supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation), the President of the Russian Federation may appoint temporarily acting supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) for the period up to the inauguration of newly elected supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation).

6. Chapter V shall be amended by Article 291 of the following content:

Article 291. The responsibility of the officials of executive state bodies of constituent subject of the Russian Federation.

2. The President of the Russian Federation shall warn the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) in case:

) the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) issues a normative legal act contradicting the Constitution of the Russian Federation, federal constitutional laws and federal laws provided, that such contradictions are established by the appropriate court, and the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) doesnt take measures to implement court resolution within two months from the date of coming such resolution into force or during other term, established by the court.

) of evasion of the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) within two months from the date of issue of the decree of the President of the Russian Federation to suspend the normative legal act of the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) or the normative legal act of executive state bodies of constituent subject of the Russian Federation from issue of normative legal act providing cancellation of the suspended normative legal act, or from introducing changes into the specified act if during this term the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) doesnt appeal to the appropriate court for settlement of dispute.

The term, during which the President of the Russian Federation adopts the decree on warning, the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) shall not exceed six months from the date of coming the resolution of court into force or from the date of official publication of the decree of the President of the Russian Federation to suspend the normative legal act of the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) or the normative legal act of state executive body of constituent subject of the Russian Federation if the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) doesnt appeal to the appropriate court for settlement of dispute.

3. If within one month from the date of warning the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) by the President of the Russian Federation, the specified official doesnt take measures within his competence to eliminate reasons for such warning, the President of the Russian Federation shall remove the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) from his post.

4. The President of the Russian Federation shall have the right in conformity with the order established by the criminal legislation of the Russian Federation and according to the motivated notification of the General Prosecutor of the Russian Federation to remove temporarily from his post the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) in case such official faces a charge for serious and especially grave crime.

5. The resolution of the President of the Russian Federation to warn the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) or remove the supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) from his post shall be accepted in the form of decree.

6. The decree of the President of the Russian Federation on the removal of supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation) from his post shall come into force in ten days from its official publication.

The supreme official of constituent subject of the Russian Federation (head of supreme state body of constituent subject of the Russian Federation), whose powers are stopped by the decree of the President of the Russian Federation on the removal of specified official from his post shall have the right to appeal against decree in the Supreme Court of the Russian Federation within ten days from the date of official publication of the decree.

The Supreme Court of the Russian Federation shall consider the complaint and make the decision not later than ten days from the date of its submission.


 
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