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Federal Law of August 4, 2000
 
 
 

FEDERAL LAW ON AMENDMENTS AND ADDITIONS TO THE FEDERAL LAW ON GENERAL PRINCIPLES OF ORGANIZATION OF LOCAL SELF-GOVERNMENT IN THE RUSSIAN FEDERATION (of August 4, 2000)

2. To set forth paragraph one of section 1 of article 12 as follows:

"1. Local self-government shall be carried out all over the territory of the Russian Federation in urban, rural settlements and other territories. The territories of municipal formations - cities, settlements, villages, areas, rural districts (volosts, village councils) and other municipal formations shall be established according to the federal laws and laws of the subjects of the Russian Federation taking into account historical and others local traditions.

3. In article 49:

to set forth section 3 as follows:

" 3. In case the representative body of local self-government, head of municipal formation did not cancel normative legal act or its separate provisions which are recognized by the court as contradictory to the Constitution of the Russian Federation, federal constitutional law, federal law, constitution, statute, law of the subject of the Russian Federation, statute of municipal formation and thus entailed judicially recognized violation (denial) of human rights and freedoms or other damage, the representative body of local self-government may be dissolved, powers of the head of municipal formation may be stopped ahead of time through his dismissal.

In case the representative body of local self-government, head of municipal formation did not cancel normative legal act or its separate provisions according to the decision of the court, which came into force, the legislative (representative) body of the government of the subject of the Russian Federation under its own initiative or under the reference of the supreme official of the subject of the Russian Federation (head of the supreme executive body of the subject of the Russian Federation) shall warn in writing the representative body of local self-government, and the supreme official of the subject of the Russian Federation (head of the supreme executive body of the subject of the Russian Federation) shall warn in writing the head of municipal formation of the possibility of taking measures in compliance with the present Federal law.

In case the representative body of local self-government, the head of municipal formation within one month from the date of pronouncement (announcement) of the written warning have not taken measures to execute the court decision, the representative body of local self-government may be dissolved, and the head of municipal formation may be dismissed not later than six months from the date of coming into force of the court decision, giving grounds for dissolution of the representative body of local self-government, dismissal of the head of municipal formation.

The representative body of local self-government, in accordance with the procedure established by the present Federal law, shall be dissolved by the law of the subject of the Russian Federation or the federal law, and the head of municipal formation shall be dismissed by the decree of the supreme official of the subject of the Russian Federation (head of the supreme executive body of the subject of the Russian Federation), except for the heads of municipal formations - capitals and administrative centers of the subjects of the Russian Federation, or by the decree of the President of the Russian Federation.";

"4. In case within three months from the date of coming into force of the court decision the representative body of local self-government does not cancel the normative legal act or its separate provisions, and the legislative (representative) body of the government of the subject of the Russian Federation does not take the measures provided by the present article, in compliance to section 3 of the present article, the President of the Russian Federation shall have the right to introduce to the State Duma the draft federal law on dissolution of the representative body of local self-government.

5. In case within three months from the date of coming into force of the court the head of municipal formation does not cancel the normative legal act or its separate provisions, and the supreme official of the subject of the Russian Federation (head of the supreme executive body of the government of the subject of the Russian Federation) does not take the measures provided by the present article, in compliance to section 3 of the present article, the President of the Russian Federation shall have the right to dismiss the head of municipal formation.

Dismissal of the head of municipal formation and simultaneous calling of the new elections (if he was elected by the population of municipal formation) shall be carried out by the decree of the supreme official of the subject of the Russian Federation (head of the supreme executive body of the government of the subject of the Russian Federation) or the decree of the President of the Russian Federation.

7. In case of dismissal of the head of municipal formation, the supreme official of the subject of the Russian Federation (head of the supreme executive body of the government of the subject of the Russian Federation) or the President of the Russian Federation shall appoint acting head of the municipal formation until the assumption of office by the newly elected head of the municipal formation, unless different procedure is established by the statute of the municipal formation.

8. Suggestions on dismissal by the President of the Russian Federation of the head of municipal formation may be made by legislative (representative) body of the government of the subject of the Russian Federation, supreme official of the subject of the Russian Federation (head of the supreme executive body of the government of the subject of the Russian Federation), Government of the Russian Federation, General Public Prosecutor of the Russian Federation.


 
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