Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 26, 1996 No. 138-FZ

About ensuring constitutional rights of citizens of the Russian Federation to choose and be elected to local government bodies

(as amended on 31-07-2023)

Accepted by the State Duma of the Russian Federation on October 23, 1996

This Federal Law establishes the precepts of law providing realization of constitutional rights of citizens of the Russian Federation to choose and be elected to local government bodies in cases of violation of the specified rights.

Article 1. Coverage of this Federal Law

1. This Federal Law is applied in case of violations of constitutional rights of citizens of the Russian Federation to choose and be elected to local government bodies in cases if:

the legislative (representative) body of the subject of the Russian Federation does not adopt the law establishing procedure for carrying out municipal elections;

the representative body of local self-government or on local referendum does not accept the charter of the municipality;

in the municipality there is no elected representative body of local self-government;

powers of local government bodies are performed by the officials designated by public authorities;

the law of the subject of the Russian Federation does not establish procedure for education, consolidation, transformation and abolition of municipalities;

fixed terms of powers of elected bodies of local self-government and officials of local self-government expired.

elections of deputies of representative bodies of local self-government or elected officials of local self-government, including repeated or early elections, are not appointed by authorized body or the official at the scheduled time;

there are no bodies or officials, representatives to appoint elections of deputies of representative bodies of local self-government and elected officials of local self-government;

municipalities are abolished, integrated or transformed according to the procedure, contradicting the legislation;

local government bodies are abolished or samoraspushchena according to the procedure, contradicting the legislation, or actually ceased to perform the powers;

in violation of the law constitutional rights of the citizens living in the territory of the municipality are not exercised to choose and be elected to local government bodies of the municipality.

2. This Federal Law is applied for the purpose of protection of constitutional rights of citizens of the Russian Federation to choose and be elected to local government bodies to parts, not settled by the laws of subjects of the Russian Federation and regulatory legal acts of local government bodies.

Article 2. Determination of the territories of local self-government

1. In the subjects of the Russian Federation who did not establish in the laws of the regulations regulating procedure for education, consolidation, transformation and abolition of municipalities, municipalities are according to the existing administrative-territorial division of subjects of the Russian Federation areas, the cities, areas in the cities having district division, settlements, rural districts (Village Councils), other settlements or the territories in which on the date of entry into force of the Federal Law "About the General Principles of the Organization of Local Self-government in the Russian Federation" local self-government was performed according to the laws and other regulatory legal acts of the Russian Federation.

2. The representative bodies of local self-government elected before entry into force of the Federal Law "About the General Principles of the Organization of Local Self-government in the Russian Federation" keep the powers before their re-election according to the above-stated Federal Law or this Federal Law. The officials of local self-government designated or elected before entry into force of the Federal Law "About the General Principles of the Organization of Local Self-government in the Russian Federation" keep the powers before their re-election or abolition of the corresponding position according to the above-stated Federal Law or this Federal Law.

Article 3. Establishment of terms and procedure for elections

1. Elections of deputies of representative bodies of local self-government and elected officials of local self-government are carried out according to charters of municipalities according to the procedure, established by the laws of subjects of the Russian Federation adopted according to article 23 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation".

2. In subjects of the Russian Federation or certain municipalities in which dates of elections of deputies of representative bodies of local self-government or elected officials of local self-government in three months prior to the expiration specified in Item 1 of article 58 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation" were not appointed elections are held according to the procedure, established by this Federal Law.

3. If the legislative (representative) body of the subject of the Russian Federation according to article 23 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation" does not adopt the laws establishing procedure for elections of deputies of representative bodies of local self-government and elected officials of local self-government, elections are held:

in the presence of authorized representative bodies of local self-government - according to the procedure, the established provisional regulations for elections of deputies of representative bodies of local self-government and elected officials of local self-government accepted by representative bodies of local self-government according to this Federal Law, or according to the decision of representative body of local self-government according to the procedure, the established Provisional regulations for elections of deputies of representative bodies of local self-government attached to this Federal Law and elected officials of local self-government in the subjects of the Russian Federation which did not provide realization of constitutional rights of citizens of the Russian Federation to choose and be elected to local government bodies;

in the absence of authorized representative bodies of local self-government - according to the procedure, the established Provisional regulations for elections of deputies of representative bodies of local self-government attached to this Federal Law and elected officials of local self-government in the subjects of the Russian Federation which did not provide realization of constitutional rights of citizens of the Russian Federation to choose and be elected to local government bodies.

4. Provisional regulations are applied according to the procedure, established by this Federal Law, and also in case of setting a date of elections of deputies of representative bodies of local self-government and elected officials of local self-government before acceptance in subjects of the Russian Federation of the relevant laws.

5. In cases of establishment of violations of constitutional rights of citizens of the Russian Federation to choose and be elected to local government bodies on the bases listed in Item 1 of article 1 of this Federal Law, the procedure for calling of an election of deputies of representative bodies of local self-government and elected officials of local self-government is determined by the judgment of the general jurisdiction according to the Federal Law of June 12, 2002 N67-FZ "About basic guarantees of the voting rights and the participation rights in referendum of citizens of the Russian Federation.

6. The judgment, stipulated in Item the 5th this Article, is accepted if:

in time, established in Item 2 of this Article, elections of deputies of representative bodies of local self-government and elected officials of local self-government are not appointed or appointed to the term which is not corresponding to the term specified in Item 1 of article 58 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation";

powers of local government bodies are performed by the officials designated according to the procedure, contradicting the legislation;

fixed terms of powers of representative bodies of local self-government and officials of local self-government expired;

elections of deputies of representative bodies of local self-government or elected officials of local self-government, including repeated or early elections, are not appointed by authorized body or the official at the scheduled time;

there are no bodies or officials, representatives to appoint elections of deputies of representative bodies of local self-government and elected officials of local self-government;

municipalities are abolished, integrated or transformed according to the procedure, contradicting the legislation;

local government bodies are abolished or samoraspushchena according to the procedure, contradicting the legislation, or actually ceased to perform the powers;

in violation of the law constitutional rights of the citizens living in the territory of the municipality are not exercised to choose and be elected to local government bodies of the municipality.

7. The Supreme Courts of the republics, regional courts, regional courts, courts of the cities of Moscow and St. Petersburg, court of the autonomous region and courts of autonomous areas consider cases on ensuring constitutional rights of citizens of the Russian Federation in the first instance to choose and be elected to local government bodies. Participation of the prosecutor in case is obligatory.

8. Cases on ensuring constitutional rights of citizens of the Russian Federation to choose and be elected to local government bodies are considered by court within ten days from the date of receipt of the statement of the prosecutor or the claim.

9. In the judgment are specified:

the bases for setting a date of elections, the electoral commission which shall appoint it and the term during which date of elections shall be appointed;

regulatory legal act based on which according to Items 1, 3 and 10 these Articles will be held elections;

in case of decision making in ensuring constitutional rights of citizens of the Russian Federation to choose and be elected to representative body of local self-government - term of office and number of deputies of representative body of local self-government;

in case of decision making in ensuring constitutional rights of citizens of the Russian Federation to elect the official of local self-government and to be elected the official of local self-government - the name of the elective office of local self-government provided by the charter of the municipality and the term of office of person replacing this position, determined according to this Federal Law;

local government body or the head of the municipality or according to the charter of the municipality other official of local self-government to whom execution of the judgment regarding ensuring elections according to the regulatory legal act determined by court is assigned. In case of absence of authorized bodies of local self-government or officials of local self-government execution of the judgment regarding ensuring elections according to the regulatory legal act specified by court is assigned to executive body of the government of the subject of the Russian Federation.

The judgment is subject to immediate execution.

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 SoyuzPravoInform LLC.