of December 21, 2021 No. 414-FZ
About the general principles of the organization of the public power in subjects of the Russian Federation
Accepted by the State Duma on December 14, 2021
Approved by the Federation Council on December 15, 2021
1. According to the Constitution of the Russian Federation public authorities, other state bodies, local government bodies in their set are included into single system of the public power in the Russian Federation and perform interaction for the most effective solution of tasks for the benefit of the population living in the corresponding territory.
2. The president of the Russian Federation provides the approved functioning and interaction of the bodies entering single system of the public power in the Russian Federation.
3. Federal bodies of the government and other federal state bodies perform the powers in the territory of the subject of the Russian Federation directly or through the territorial authorities created by them in government relations of the subject of the Russian Federation, other state bodies of the subject of the Russian Federation, local government bodies operating in the territory of the subject of the Russian Federation (further also - the bodies entering single system of the public power in the subject of the Russian Federation).
4. Education, forming, activities of public authorities of subjects of the Russian Federation, their power and responsibility, order of interaction among themselves and with other bodies entering single system of the public power in subjects of the Russian Federation are based on the Constitution of the Russian Federation and are regulated by the Federal constitutional Laws, this Federal Law, other Federal Laws, and also constitutions (charters), the laws and other regulatory legal acts of subjects of the Russian Federation.
5. The system of public authorities of subjects of the Russian Federation, other state bodies of subjects of the Russian Federation is established by them independently according to bases of the constitutional system of the Russian Federation, this Federal Law, other Federal Laws.
6. Differentiation of areas of jurisdiction and powers between federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies (further also - levels of the public power) is performed by the Constitution of the Russian Federation, the Federal Laws and contracts on differentiation of areas of jurisdiction and powers between public authorities of the Russian Federation and public authorities of subjects of the Russian Federation (further - agreements on differentiation of powers).
7. Federal executive bodies and executive bodies of subjects of the Russian Federation can under the mutual agreement delegate each other implementation to part of the powers if it does not contradict the Constitution of the Russian Federation, this Federal Law, other Federal Laws.
8. According to this Federal Law and the Federal Law establishing the general principles of the organization of local self-government, public authorities of the subject of the Russian Federation participate in the solution of tasks of local self-government, local government bodies have the right to give separate state authority.
9. The constitution (charter), the laws and other regulatory legal acts of the subject of the Russian Federation adopted within its powers are obligatory for execution by all public authorities which are in the territory of the subject of the Russian Federation, other state bodies, local government bodies, the organizations, public associations, officials and citizens. Failure to carry out or violation of the specified acts attracts the responsibility provided by the Federal Laws and the laws of the subject of the Russian Federation. If the administrative responsibility for the specified actions is not established by the Federal Law, it can be established by the law of the subject of the Russian Federation.
10. The organization of the public power in the federal territory is established by the Federal Law on the corresponding federal territory.
1. Activities of the bodies entering single system of the public power in the subject of the Russian Federation are performed according to the following principles:
1) ensuring compliance and protection of rights and freedoms of man and citizen;
2) rule of the Constitution of the Russian Federation, the Federal constitutional and Federal Laws in all territory of the Russian Federation;
3) state and territorial integrity of the Russian Federation;
4) distribution of sovereignty of the Russian Federation on all its territory;
5) unity of system of the public power;
6) the approved functioning and interaction of bodies of the public power at the federal, regional, municipal levels;
7) separation of the government on legislative, executive and judicial;
8) differentiation of areas of jurisdiction and powers between levels of the public power;
9) recognition and security of local self-government, his independence within the powers and implementation in all territory of the Russian Federation;
10) independent implementation by bodies of the public power of the powers;
11) guarantees of financial provision of execution of powers which allocate bodies of the public power as a result of differentiation of powers;
12) ensuring publicity in activities of bodies of the public power, including by means of provision of information access about activities of bodies of the public power;
13) state control (supervision), parliamentary control and public control over activities of bodies of the public power and their officials.
2. The bodies entering single system of the public power in the subject of the Russian Federation perform interaction for the purpose of creation of conditions for ensuring sustainable and complex social and economic development within the territory of the subject of the Russian Federation. The laws and other regulatory legal acts of the subject of the Russian Federation can provide procedure for remote interaction of the bodies entering single system of the public power in the subject of the Russian Federation, procedure for remote participation in meetings of legislature of the subject of the Russian Federation.
1. The laws and other regulatory legal acts of subjects of the Russian Federation cannot contradict the Constitution of the Russian Federation. In case of contradiction of the Constitution of the Russian Federation of provisions of the specified acts provisions of the Constitution of the Russian Federation are effective.
2. The laws and other regulatory legal acts of subjects of the Russian Federation cannot contradict the Federal constitutional Laws, the Federal Laws adopted on areas of jurisdiction of the Russian Federation and objects of joint maintaining. In case of contradiction to the Federal constitutional Laws, the Federal Laws of provisions of the specified acts provisions of the Federal constitutional Law, the Federal Law are effective.
3. Subjects of the Russian Federation have the right to perform own legal regulation in objects of joint maintaining before adoption of the Federal Laws. After adoption of the relevant Federal Law the laws and other regulatory legal acts of subjects of the Russian Federation are subject to reduction in compliance with this Federal Law within three months after day of its official publication.
4. The bodies entering single system of the public power in the subject of the Russian Federation when implementing the powers provide observance of the Constitution of the Russian Federation, the Federal constitutional Laws, Federal Laws.
5. The president of the Russian Federation has the right to suspend the act of the management official of the subject of the Russian Federation, and also operation of the act of executive body of the subject of the Russian Federation in case of contradiction of this act of the Constitution of the Russian Federation, to the Federal constitutional Laws, the Federal Laws, the international obligations of the Russian Federation or violation of rights and freedoms of man and citizen to the solution of this question by the relevant court.
6. If the public authority of the subject of the Russian Federation believes that the Federal constitutional Law, the Federal Law there do not correspond Constitutions of the Russian Federation, the regulatory legal act of federal body of the government does not correspond to provisions of the Constitution of the Russian Federation, the Federal constitutional Laws, Federal Laws or agreements on differentiation of powers, the dispute on competence or question of compliance of the Federal constitutional Law, the Federal Law of the Constitution of the Russian Federation, compliance of the specified regulatory legal act of the Constitution of the Russian Federation, to the Federal constitutional Laws, to the Federal Laws or agreements on differentiation of powers is allowed by the relevant court. Before entry into force of the judgment about recognition of the Federal constitutional Law, Federal Law or their separate provisions not corresponding to the Constitution of the Russian Federation, the specified regulatory legal act or its separate provisions not corresponding to the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws or agreements on differentiation of powers adoption of the laws and other regulatory legal acts of the subject of the Russian Federation contradicting relevant provisions of the Federal constitutional Law, the Federal Law, regulatory legal act of federal body of the government is not allowed.
7. If the international treaty of the Russian Federation establishes other rules, than those which are stipulated by the legislation the Russian Federation are applied rules of the international treaty. Application of rules of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation is not allowed. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
8. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
1. Public authorities of the subject of the Russian Federation in single system of the public power in the Russian Federation perform in constitutionally the set limits the powers and bear stipulated by the legislation responsibility of the Russian Federation, and also provide compliance of the Constitution of the Russian Federation, to the Federal constitutional Laws and the Federal Laws of the accepted (accepted) them constitutions (charters), the laws and other regulatory legal acts and the activities performed by them.
2. The system of public authorities of the subject of the Russian Federation is constituted: legislature of the subject of the Russian Federation; management official of the subject of the Russian Federation; the supreme executive body of the subject of the Russian Federation; other public authorities of the subject of the Russian Federation formed according to the constitution (charter) of the subject of the Russian Federation.
3. Federal executive bodies can participate in forming of the executive bodies of the subject of the Russian Federation performing the powers of the Russian Federation transferred for implementation to executive bodies of the subject of the Russian Federation on areas of jurisdiction of the Russian Federation, and also power of the Russian Federation in objects of joint maintaining the Russian Federation and subjects of the Russian Federation including in position assignment and (or) dismissal of officials of the specified executive bodies of the subject of the Russian Federation, according to the procedure and the cases established by the Federal Laws.
4. Federal executive bodies can participate in forming of the executive bodies of the subject of the Russian Federation performing powers of subjects of the Russian Federation in objects of joint maintaining the Russian Federation and subjects of the Russian Federation, on areas of jurisdiction of subjects of the Russian Federation in education, health cares, finance, state regulation of rates, and also exercising regional state housing control (supervision), regional state construction supervision, regional state control (supervision) in the field of shared-equity construction of apartment houses and (or) other real estate objects in the form of coordination of position assignment by results of check of compliance of the candidate for replacement of position of the head of executive body of the subject of the Russian Federation to the qualification requirements or other requirements established by regulatory legal acts of the Russian Federation and (or) coordination of dismissal of officials of the specified executive bodies of the subject of the Russian Federation according to the procedure and the cases established by the special Federal Laws, the legislation on anti-corruption, the legislation on public service.
5. The list of executive bodies of the subject of the Russian Federation provided by part 4 of this Article is exhaustive and cannot be changed differently as by introduction of amendments to this Federal Law.
6. Drafts of the Federal Laws on change and (or) amendment of parts 4 and 5 of this Article are subject to preliminary discussion by working bodies of the State Council of the Russian Federation according to the Federal Law on the State Council of the Russian Federation.
7. Public authorities of the subject of the Russian Federation provide realization of the rights of citizens to participation in administration of the state as it is direct, and through the representatives, including by legislative fixing of guarantees of timely calling of an election in public authorities of the subject of the Russian Federation and local government bodies and guarantees of periodic carrying out the specified elections.
8. Magistrate judges of the subject of the Russian Federation perform the activities on judicial sites within the judicial area located in the territory of appropriate subject of the Russian Federation, in accordance with the legislation of the Russian Federation about judicial system, other Federal constitutional and Federal Laws.
9. Powers of public authorities of the subject of the Russian Federation are established by the Constitution of the Russian Federation, this Federal Law, other Federal Laws, the constitution (charter) and the laws of the subject of the Russian Federation.
10. The general principles and procedure for differentiation of powers between public authorities of the subject of the Russian Federation are established by this Federal Law.
1. The list of standard state positions of subjects of the Russian Federation affirms the President of the Russian Federation.
2. The citizen of the Russian Federation who does not have nationality (citizenship) of the foreign state or the residence permit or other document confirming the right to permanent residence of the citizen of the Russian Federation in the territory of foreign state can be person replacing the state position of the subject of the Russian Federation.
3. The restrictions, prohibitions and obligations established by the legislation of the Russian Federation on anti-corruption, the Federal Laws extend to persons replacing the state positions of subjects of the Russian Federation. Requirements established by the Federal Law on the status of judges in the Russian Federation, the Federal Law on magistrate judges are imposed to persons replacing positions of magistrate judges. Persons, replacement state positions of subjects of the Russian Federation, are exempted from liability for non-compliance with restrictions and prohibitions, requirements about prevention or about settlement of conflicting interests and non-execution of the obligations established by this Federal Law and other Federal Laws for the purpose of anti-corruption if non-compliance with such restrictions, prohibitions and requirements, and also non-execution of such obligations is recognized the investigation of the circumstances which are not depending on them according to the procedure, provided by parts 3 - the 6th article 13 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption".
4. Persons replacing the state positions of subjects of the Russian Federation, their spouses and minor children are forbidden to open and have accounts (deposits), to store cash and values in the foreign banks located outside the territory of the Russian Federation, to own and use foreign financial instruments. At the same time the concept "foreign financial instruments" is used in this Federal Law in the value determined by the legislation of the Russian Federation on anti-corruption.
5. In case of acceptance of regulatory legal act of the subject of the Russian Federation providing to persons replacing the state positions of the subject of the Russian Federation, additional social and other guarantees in connection with the termination of powers (including ahead of schedule), such regulatory legal act extends only to the persons who are replacing the state positions of the subject of the Russian Federation on professional basis and reached retirement age or lost working capacity during implementation of powers by them on the state position of the subject of the Russian Federation and cannot provide the specified guarantees to persons whose powers were stopped in connection with non-compliance with restrictions, prohibitions, non-execution of the obligations established by the legislation of the Russian Federation on anti-corruption or in case, stipulated in Item 9.1 parts 21 of Article 19 or Item 10 of part 1 of article 28 of this Federal Law, or on the bases provided by Items 3 and 4 of part 1 of article 14 of this Federal Law or in connection with non-compliance with the restrictions set by part 2 of article 19 of this Federal Law.
6. To persons replacing the state positions of the subject of the Russian Federation during the term provided by the law of the subject of the Russian Federation to insurance pension on the old age (disability) granted according to the Federal Law on insurance pensions or ahead of schedule appointed according to the Federal Law on employment of the population in the Russian Federation additional pension provision in cases, on conditions and according to the procedure which are provided by the law of the subject of the Russian Federation can be established. Financing of the expenses connected with establishment of additional pension provision is performed by budget funds of the subject of the Russian Federation.
1. Participation of the bodies entering single system of the public power in the subject of the Russian Federation in the solution of tasks of local self-government is determined by the Constitution of the Russian Federation, this Federal Law, the Federal Law establishing the general principles of the organization of local self-government, other Federal Laws and the laws of subjects of the Russian Federation adopted according to them.
2. The bodies entering single system of the public power in the subject of the Russian Federation promote development of local self-government in the territory of appropriate subject of the Russian Federation. For present purposes public authorities of the subject of the Russian Federation within the powers:
1) is provided by the state guarantees of the rights of the population for implementation of local self-government;
2) perform legal regulation of questions of the organization of local self-government in subjects of the Russian Federation in the cases and procedure established by this Federal Law and the Federal Law establishing the general principles of the organization of local self-government;
3) perform legal regulation of the rights, obligations and responsibility of public authorities of subjects of the Russian Federation and their officials in the field of local self-government in the cases and procedure established by the Federal Laws;
4) perform legal regulation of the rights, obligations and responsibility of local government bodies and officials of local self-government in the cases and procedure established by the Federal Laws;
5) participate in forming of local government bodies, position assignment and dismissal of officials of local self-government according to the procedure and the cases established by the Federal Law establishing the general principles of the organization of local self-government;
6) are performed according to this Federal Law and the Federal Law establishing the general principles of the organization of local self-government, investment of local government bodies with separate state powers on condition of transfer to local government bodies of such powers of material and financial resources, necessary for implementation, and provide control of implementation of delegated powers;
7) is performed by the rights and obligations according to the Budget code of the Russian Federation, other Federal Laws.
3. By the laws of the subject of the Russian Federation redistribution of powers between local government bodies and public authorities of the subject of the Russian Federation according to this Federal Law and the Federal Law establishing the general principles of the organization of local self-government can be performed. Redistribution of powers is allowed for term at least term of office of legislature of the subject of the Russian Federation. Such laws of the subject of the Russian Federation become effective since the beginning of the next financial year.
4. Reference according to the procedure, established by part 3 of this Article, is not allowed to powers of public authorities of the subject of the Russian Federation of powers of local government bodies in spheres of management of municipal property, forming, approvals and execution of the local budget, powers on adoption of the charter of the municipality and introduction in it of changes and amendments, and also other powers which redistribution is not allowed according to the Federal Law establishing the general principles of the organization of local self-government.
5. Investment of local government bodies with the separate powers performed by public authorities of the subject of the Russian Federation according to part 3 of this Article, according to the procedure and for term, is allowed by the determined Federal Law establishing the general principles of the organization of local self-government, the law of the subject of the Russian Federation.
6. Implementation of executive and control powers by public authorities of subjects of the Russian Federation concerning municipalities and local government bodies is allowed only in the cases and procedure established by the Constitution of the Russian Federation, the Federal constitutional Laws, this Federal Law, other Federal Laws and the laws of subjects of the Russian Federation adopted according to them.
7. In case of the contradiction of the constitution (charter), the law, other regulatory legal act of the subject of the Russian Federation regulating questions of the organization of local self-government and determining powers of local government bodies and officials of local self-government, the Constitution of the Russian Federation, to the Federal constitutional Laws, to this Federal Law and other Federal Laws the Constitution of the Russian Federation, the Federal constitutional Laws, this Federal Law and other Federal Laws are applied.
1. The legislature of the subject of the Russian Federation is representative and single legislature of the government of the subject of the Russian Federation.
2. The legislature of the subject of the Russian Federation is permanent body of the government of the subject of the Russian Federation.
3. The name of legislature of the subject of the Russian Federation, its structure are established by the constitution (charter) of the subject of the Russian Federation taking into account historical, national and other traditions of the subject of the Russian Federation. At the same time such name does not may contain the phrases constituting basis of names of federal bodies of the government.
4. The legislature of the subject of the Russian Federation has the right to perform the powers if in structure of the specified body at least two thirds of the determined number of deputies are chosen.
5. In case of determination of two thirds of the determined number of deputies in case of receipt of nonintegral number such number is always rounded up to integer.
6. The number of deputies of legislature of the subject of the Russian Federation is determined by the constitution (charter) of the subject of the Russian Federation (further - the determined number of deputies) and determined depending on the number of the voters registered in the territory of the subject of the Russian Federation. The determined number of deputies shall constitute:
1) at least 15 and no more than 50 deputies - numbering voters less than 500 thousand people;
2) at least 25 and no more than 70 deputies - numbering voters from 500 thousand to 1 million people;
3) at least 35 and no more than 90 deputies - numbering voters from 1 million to 2 million people;
4) at least 45 and no more than 110 deputies - numbering voters over 2 million people.
7. If in six months prior to the expiration in which elections to legislature of the subject of the Russian Federation of the next convocation shall be appointed as a result of increase in number of the voters registered in the territory of the subject of the Russian Federation, the determined number of deputies will appear less than their minimum number, stipulated in Item 2, 3 or 4 parts 6 of this Article for the corresponding number of voters, and such ratio is fixed as of January 1 and on July 1 during eighteen calendar months directly prior to the specified six months (further - the fact of increase in number of voters), the determined number of deputies is brought into accord with the increased number of voters.
8. If in six months prior to the expiration in which elections to legislature of the subject of the Russian Federation of the next convocation shall be appointed as a result of reduction of number of the voters registered in the territory of the subject of the Russian Federation, the determined number of deputies will appear more than their maximum number, stipulated in Item 1, 2 or 3 parts 6 of this Article for the corresponding number of voters, and such ratio is fixed as of January 1 and on July 1 during eighteen calendar months directly prior to the specified six months (further - the fact of reduction of number of voters), the determined number of deputies is brought into accord with the decreased number of voters.
9. The number of the voters registered in the territory of the subject of the Russian Federation is determined based on the this registration (accounting) of voters, participants of referendum performed according to the Federal Law establishing basic guarantees of the voting rights and the participation right in referendum of citizens of the Russian Federation.
10. The bill of the subject of the Russian Federation on introduction of amendments to the constitution (charter) of the subject of the Russian Federation in connection with reduction of the determined number of deputies in compliance with number of the voters registered in the territory of the subject of the Russian Federation is introduced in legislature of the subject of the Russian Federation by the management official of the subject of the Russian Federation not later than in forty five days after factual determination of increase in number of voters or the fact of reduction of number of voters. The law of the subject of the Russian Federation on introduction of amendments to the constitution (charter) of the subject of the Russian Federation in connection with reduction of the determined number of deputies in compliance with number of the voters registered in the territory of the subject of the Russian Federation shall become effective not later than in eighty days after factual determination of increase in number of voters or the fact of reduction of number of voters.
11. The term of office of deputies of legislature of the subject of the Russian Federation (further also - deputies) one convocation constitutes five years.
12. The legislature of the subject of the Russian Federation independently resolves issues of organizational, legal, information, material and financial provision of the activities.
13. Expenses on ensuring activities of legislature of the subject of the Russian Federation are provided in the budget of the subject of the Russian Federation separately from other expenses according to budget classification of the Russian Federation.
14. Management and the order of legislature of the subject of the Russian Federation or certain deputies (groups of deputies) are not allowed by budget funds of the subject of the Russian Federation in any form in the course of budget implementation of the subject of the Russian Federation, except for funds for ensuring activities of legislature of the subject of the Russian Federation or deputies.
1. Legislature of the subject of the Russian Federation:
1) accepts the constitution of the subject of the Russian Federation and the amendment to it if other procedure for adoption of the constitution of the subject of the Russian Federation and amendments to it is not established by the constitution of the subject of the Russian Federation, accepts the charter of the subject of the Russian Federation and the amendment to it;
2) has power to initiate legislation in Federal Assembly of the Russian Federation;
3) is performed by legislative regulation on areas of jurisdiction of the subject of the Russian Federation and objects of joint maintaining the Russian Federation and subjects of the Russian Federation within powers of the subject of the Russian Federation;
4) is heard by the annual report on results of activities of the supreme executive body of the subject of the Russian Federation, including on the questions raised by legislature of the subject of the Russian Federation, provided by the management official of the subject of the Russian Federation or the chairman of the supreme executive body of the subject of the Russian Federation;
5) hears information on activities of territorial authorities of federal executive bodies and local government bodies in appropriate subject of the Russian Federation, determines procedure for participation in meetings of legislature of the subject of the Russian Federation for heads of executive bodies of the subject of the Russian Federation according to part 7 of article 11 of this Federal Law;
6) performs other powers established by the Constitution of the Russian Federation, this Federal Law, other Federal Laws, the constitution (charter) and the laws of the subject of the Russian Federation.
2. Law of the subject of the Russian Federation:
1) the budget of the subject of the Russian Federation and the report on its execution provided by the management official of the subject of the Russian Federation or the chairman of the supreme executive body of the subject of the Russian Federation affirm;
2) within the powers determined by the Federal Law the procedure for elections to local government bodies in the territory of the subject of the Russian Federation is established;
3) the procedure of strategic planning affirms as the subject of the Russian Federation;
4) in accordance with the legislation of the Russian Federation about taxes and fees are established, become effective taxes and fees (terminate), the tax rates (rates of charges), procedure and the due dates for tax payment, charges are determined, established tax benefits (privileges on charges) and (or) the bases and procedure for their application (are cancelled);
5) the budget of territorial state non-budgetary fund of the subject of the Russian Federation and the performance report of the budget of territorial state non-budgetary fund of the subject of the Russian Federation affirm;
6) the procedure for management and the order by property of the subject of the Russian Federation, including shares (shares, shares) of the subject of the Russian Federation in the authorized (share) capital of the organizations is established;
7) the conclusion and agreement cancelation of the subject of the Russian Federation affirm;
8) the procedure for appointment and holding referendum of the subject of the Russian Federation is established;
9) the procedure for elections to legislature of the subject of the Russian Federation, procedure for elections of the management official of the subject of the Russian Federation or procedure for election of the management official of the subject of the Russian Federation as deputies of legislature of the subject of the Russian Federation are established;
10) the administrative-territorial device of the subject of the Russian Federation and procedure for its change is established;
11) within the powers determined by the Federal Law investment of local government bodies with separate state powers of the subject of the Russian Federation is performed;
12) other questions relating according to the Constitution of the Russian Federation, the Federal constitutional Laws, this Federal Law and other Federal Laws, the constitution (charter) and the laws of the subject of the Russian Federation to maintaining and powers of the subject of the Russian Federation are regulated.
3. Resolution of legislature of the subject of the Russian Federation:
1) the regulations of the specified body are accepted and issues of internal rules and procedures of its activities are resolved;
2) are appointed to position and certain officials of the subject of the Russian Federation are dismissed, consent to their position assignment is drawn up if such procedure for appointment is provided by the Constitution of the Russian Federation, the Federal Laws and the constitution (charter) of the subject of the Russian Federation;
3) elections to legislature of the subject of the Russian Federation, elections of the management official of the subject of the Russian Federation are appointed or the decision on election of the management official of the subject of the Russian Federation as deputies of legislature of the subject of the Russian Federation is drawn up;
4) the referendum of the subject of the Russian Federation in the cases provided by the law of the subject of the Russian Federation is appointed;
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