FEDERAL LAW OF THE RUSSIAN FEDERATION

of February 6, 2023 No. 12-FZ

About introduction of amendments to the Federal law "About the General Principles of the Organization of the Public Power in Subjects of the Russian Federation" and separate legal acts of the Russian Federation

Accepted by the State Duma on January 25, 2023

Approved by the Federation Council on February 1, 2023

Article 1

Bring in the Federal Law of December 21, 2021 No. 414-FZ "About the general principles of the organization of the public power in subjects of the Russian Federation" (The Russian Federation Code, 2021, No. 52, the Art. 8973) the following changes:

1) Article 17 to add with part 2.1 following of content:

"2.1. The chairman of legislature of the subject of the Russian Federation performs the powers on professional basis.";

2) in Article 19:

a) add part 7 with offers of the following content: "The deputy performing the powers without separation from the main activities represents the specified data on the income, on property and obligations of property nature within four months from the date of election as the deputy, transfer of the vacant deputy mandate to it. The deputy performing the powers without separation from the main activities in the cases provided by part 1 of article 3 of the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income" represents data on the income, expenses, on property and obligations of property nature in accordance with the legislation of the Russian Federation. If during the accounting period of the transaction, provided by part 1 of article 3 of the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income" which total amount exceeds total income of this person and his spouse (spouse) in three last years preceding the accounting period were not made, the deputy reports about it in the commission according to the procedure, established by the law of the subject of the Russian Federation.";

b) state part 13 in the following edition:

"13. Ensuring access to information on the data on the income, expenses, on property and obligations of property nature represented by deputies, to information on submission by deputies of obviously false or incomplete information on the income, expenses, on property and the obligations of property nature revealed by the commission is performed according to the Federal Laws, presidential decrees of the Russian Federation.";

c) state part 14 in the following edition:

"14. Summarized information on execution (improper execution) by deputies of obligation to provide data on the income, expenses, on property and obligations of property nature it is posted on the official site of legislature of the subject of the Russian Federation (on condition of absence in such information of the personal data allowing to identify the corresponding person, and the data allowing to individualize the property belonging to the corresponding person) according to the procedure established by the law of the subject of the Russian Federation.";

d) add part 21 with Item 11 of the following content:

"11) absence of the deputy without valid excuse at all meetings of legislature of the subject of the Russian Federation within six months in a row.";

3) part 12 of Article 27 to recognize invalid.

Article 2

Bring in article 10 of the Federal Law of May 8, 1994 No. 3-FZ "About the status of senator of the Russian Federation and the status of the deputy of the State Duma of Federal Assembly of the Russian Federation" (in edition of the Federal Law of July 5, 1999 No. 133-FZ) (The Russian Federation Code, 1994, No. 2, Art. 74; 1999, No. 28, Art. 3466; 2011, No. 48, Art. 6730; 2012, No. 50, Art. 6954; 2013, No. 19, Art. 2329; 2015, No. 45, Art. 6204; 2020, No. 52, Art. 8586) following changes:

Part the seventh to state 1) in the following edition:

"7. Ensuring access to information on the data on the income, expenses, on property and obligations of property nature represented by senator of the Russian Federation, the deputy of the State Duma, to information on representation by senator of the Russian Federation, the deputy of the State Duma of obviously false or incomplete information on the income, expenses, about the property and obligations of property nature revealed by the parliamentary commission is performed according to the procedure, determined by the relevant chamber of Federal Assembly of the Russian Federation.";

Part the eighth to state 2) in the following edition:

"8. Summarized information on execution (improper execution) by senators of the Russian Federation, deputies of the State Duma of obligation to provide data on the income, expenses, on property and obligations of property nature it is posted on the official site according to the Federation Council and the State Duma (on condition of absence in such information of the personal data allowing to identify the corresponding person, and the data allowing to individualize the property belonging to the corresponding person) according to the procedure determined by the relevant chamber of Federal Assembly of the Russian Federation.".

Article 3

Bring in 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" (The Russian Federation Code, 2003, No. 40, Art. 3822; 2004, No. 25, Art. 2484; 2005, No. 30, Art. 3104; 2006, No. 1, Art. 10; No. 8, Art. 852; No. 31, Art. 3427; 2007, No. 10, Art. 1151; No. 43, Art. 5084; No. 45, Art. 5430; 2008, No. 52, Art. 6229; 2009, No. 52, Art. 6441; 2011, No. 31, Art. 4703; No. 48, Art. 6730; No. 49, Art. 7039; 2014, No. 22, Art. 2770; No. 26, Art. 3371; No. 52, Art. 7542; 2015, No. 10, Art. 1393; No. 27, Art. 3978; No. 45, Art. 6204; 2016, No. 1, Art. 66; 2017, No. 15, Art. 2139; No. 24, Art. 3476; No. 31, Art. 4766; 2018, No. 17, Art. 2432; No. 32, Art. 5100; No. 45, Art. 6837; 2019, No. 18, Art. 2211; No. 30, Art. 4130; No. 51, Art. 7484; 2020, No. 17, Art. 2726; No. 30, Art. 4762; 2021, No. 18, Art. 3060; No. 47, Art. 7745) following changes:

1) in Article 27.1:

a) state part 2 in the following edition:

"2. The head of the rural settlement is appointed by representative body of the municipality which part this rural settlement, on representation of descent of citizens of the rural settlement is. The head of the rural settlement is appointed from among the citizens of the Russian Federation who are living in the territory of this rural settlement and having active voting rights or the citizens of the Russian Federation who reached on the date of representation by descent of citizens of 18 years and having the premises located in the territory of this rural settlement in property.";

b) the paragraph one of part 3 after words to add "municipal position" with words ", except for municipal position of the deputy of representative body of the municipality performing the powers on non-constant basis";

c) "municipal position" to add Item 1 of part 4 after words with words ", except for municipal position of the deputy of representative body of the municipality performing the powers on non-constant basis";

2) in Article 40:

a) recognize part 7.4 invalid;

b) add with part 10.3 following of content:

"10.3. Powers of the deputy of representative body of the municipality stop ahead of schedule the decision of representative body of the municipality in case of absence of the deputy without valid excuse at all meetings of representative body of the municipality within six months in a row.".

Article 4

Bring in article 12.1 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption" (The Russian Federation Code, 2008, No. 52, Art. 6228; 2011, No. 48, Art. 6730; 2013, No. 40, Art. 5031; 2014, No. 52, Art. 7542; 2015, No. 41, Art. 5639; No. 45, Art. 6204; No. 48, Art. 6720; 2017, No. 15, Art. 2139; 2018, No. 32, Art. 5100; No. 45, Art. 6837; 2019, No. 30, Art. 4153; No. 51, Art. 7484; 2020, No. 17, Art. 2721; 2023, No. 1, Art. 38) following changes:

To add 1) with part 4.1-2 following of content:

"4.1-2. The deputy of legislature of the subject of the Russian Federation performing the powers without separation from the main activities represents the data on the income, on property and obligations of property nature specified in part 4 of this Article within four months from the date of election as the deputy, transfer of the vacant deputy mandate to it. The deputy of legislature of the subject of the Russian Federation performing the powers without separation from the main activities in the cases provided by part 1 of article 3 of the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income" represents data on the income, expenses, on property and obligations of property nature in accordance with the legislation of the Russian Federation. If during the accounting period of the transaction, provided by part 1 of article 3 of the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income" which total amount exceeds total income of this person and his spouse (spouse) in three last years preceding the accounting period were not made, the deputy reports about it in the commission of legislature of the subject of the Russian Federation on control of reliability of data on the income, about the property and obligations of property nature represented by deputies of legislature of the subject of the Russian Federation, according to the procedure, established by the law of the subject of the Russian Federation.";

Part 4.2 to state 2) in the following edition:

"4.2. If other is not established by the Federal Law, the citizens applying for substitution of municipal position, and person, replacement municipal positions represent data on the income, expenses, on property and obligations of property nature, and also on the income, expenses, on the property and obligations of property nature of the spouses (spouses) and minor children to the management official of the subject of the Russian Federation according to the procedure established by the law of the subject of the Russian Federation. The person replacing municipal position of the deputy of representative body of the municipality and performing the powers on non-constant basis represents the specified data on the income, on property and obligations of property nature within four months from the date of election as the deputy, transfer of the vacant deputy mandate to it. The person replacing municipal position of the deputy of representative body of the municipality and performing the powers on non-constant basis in the cases provided by part 1 of article 3 of the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income" represents data on the income, expenses, on property and obligations of property nature in accordance with the legislation of the Russian Federation. If during the accounting period of the transaction, provided by part 1 of article 3 of the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income" which total amount exceeds total income of this person and his spouse (spouse) in three last years preceding the accounting period were not made, the person replacing municipal position of the deputy of representative body of the municipality and performing the powers on non-constant basis reports about it to the management official of the subject of the Russian Federation according to the procedure, established by the law of the subject of the Russian Federation. Ensuring access to information about the represented persons replacing municipal positions of the deputy of representative body of the municipality, data on the income, expenses, on property and obligations of property nature to information on submission by such persons of obviously false or incomplete information on the income, expenses, on property and obligations of property nature is performed according to the Federal Laws, presidential decrees of the Russian Federation. Summarized information on execution (improper execution) by persons replacing municipal positions of the deputy of representative body of the municipality, obligation to provide data on the income, expenses, on property and obligations of property nature is posted on the official sites of local government bodies (on condition of absence in such information of the personal data allowing to identify the corresponding person, and the data allowing to individualize the property belonging to the corresponding person) according to the procedure, established by the law of the subject of the Russian Federation. To persons replacing municipal positions of the deputy of representative body of the municipality, rules of part 4.3 of this Article are not applied.".

Article 5

1. This Federal Law becomes effective since March 1, 2023.

2. Provisions of part 2.1 of article 17 of the Federal Law of December 21, 2021 "About the general principles of the organization of the public power in subjects of the Russian Federation" are applied No. 414-FZ to the chairman of legislature of the subject of the Russian Federation chosen later day of entry into force of this Federal Law. If the chairman of legislature of the subject of the Russian Federation who entered position about day of entry into force of this Federal Law except for of the case provided by part 2.1 of this Article performs the powers without separation from the main activities (on non-constant basis), he has the right to perform the powers without separation from the main activities (on non-constant basis) before the termination of execution of the powers by it.

2.1. The chairman of legislature of the subject of the Russian Federation elected after day of entry into force of this Federal Law and just before election performing powers of the chairman of legislature of appropriate subject of the Russian Federation without separation from the main activities (on non-constant basis) having the right to perform such powers without separation from the main activities (on non-constant basis) within one more term of office of legislature of the subject of the Russian Federation, but no later than September 9, 2029.

3. Action of provisions of Item 11 of part 21 of article 19 of the Federal Law of December 21, 2021 No. 414-FZ "About the general principles of the organization of the public power in subjects of the Russian Federation" and provisions of part 10.3 of article 40 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" does not extend to the legal relationship which arose about day of entry into force of this Federal Law. Calculation of term, stipulated in Item 11 parts 21 of article 19 of the Federal Law of December 21, 2021 No. 414-FZ "About the general principles of the organization of the public power in subjects of the Russian Federation" or part 10.3 of article 40 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", begins not earlier than day of entry into force of this Federal Law.

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