Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 23, 2021 No. 50-P

On the case of check of constitutionality of part 3 of Article 40 and Item 6 of part 1 of article 44 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation", and also Item 2 of article 27 of the Law of St. Petersburg "About the organization of local self-government in St. Petersburg" in connection with the claim of citizens of A. A. Afinogenov, V. A. Volsky and others

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, V. G. Yaroslavtsev,

being guided by Article 125 (the part Item "and" 4) of the Constitution of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, of 86, of 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation", considered in meeting without carrying out hearing case on check of constitutionality of part 3 of Article 40 and Item 6 of part 1 of article 44 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation", and also Item 2 of article 27 of the Law of St. Petersburg "About the organization of local self-government in St. Petersburg".

Reason for consideration of the case was the claim of citizens A. A. Afinogenov, V. A. Volsky, E. S. Karpenkov, S. A. Troshin, S. L. Chistyakova and D. V. Ertman. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by applicants of legislative provision.

Having heard the message of the judge-speaker A. N. Kokotov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. Citizens A. A. Afinogenov, V. A. Volsky, E. S. Karpenkov, S. A. Troshin, S. L. Chistyakova and D. V. Ertman dispute constitutionality of following provisions of the Federal Law of October 6, 2003 No. 131-FZ "About the general principles of the organization of local self-government in the Russian Federation":

speak rapidly 3 Articles 40, and actually its paragraph two determining that powers of the elected official of local self-government begin from the date of its assumption of office and stop in day of assumption of office of the newly elected official of local self-government;

Item 6 parts of 1 Article 44, according to which shall be determined by the charter of the municipality types, procedure for acceptance (edition), official publication (promulgation) and entry into force of municipal legal acts.

Applicants also dispute constitutionality of Item 2 of article 27 of the Law of St. Petersburg of September 23, 2009 No. 420-79 "About the organization of local self-government in St. Petersburg", determining that the head of the municipality according to this Law of St. Petersburg and the charter of the municipality is elected on municipal elections or local government board of the municipality from the structure.

1.1. The municipal district the Foundry district (further - MO the Foundry district) of September 4, 2019 No. 11 Item 5 of article 29 of the Charter of this municipality is reworded as follows by the decision of local government board (representative body of the municipality) of the intracity municipality of St. Petersburg, providing that elected to position of the head of the municipality is considered the candidate who gathered at least two thirds of stipulated in Item 1 article 23 of this Charter of number of deputies of local government board in voting process (from 20 deputies) (further also - qualified majority of votes). Former edition of this provision determined that elected to position of the head of the municipality is considered the candidate who gathered in voting process more than a half of voices from the established number of deputies of local government board (further also - simple majority of votes). Therefore, the specified decision of September 4, 2019 the regulation of simple majority of votes was replaced with regulation of qualified majority of votes.

The same decision acknowledged invalid Items 6 and 7 of article 29 of the Charter of MO the Foundry district according to which if any candidate for position of the head of the municipality did not gather the determined poll, duties of the head of the municipality before its election are fulfilled by the deputy of local government board who gathered the greatest poll (i.e. relative majority of votes). At the same time according to the Charter of this municipality the head of the municipality is elected from among deputies of local government board to term of office of the last and performs powers of its chairman (Items 1 and 4 of article 29 of the Charter of MO the Foundry district).

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.