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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 1, 2015 No. 30-P

On the case of check of constitutionality of parts 4, 5 and 5.1 Articles 35, parts 2 and 3.1 of article 36 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation" and part 1.1 of article 3 of the Law of the Irkutsk region "About single questions of forming of local government bodies of municipalities of the Irkutsk region" in connection with request of group of deputies of the State Duma

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the representative of group of deputies of the State Duma - the deputy of the State Duma A. V. Romanov, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the representative of the Federation Council - the chairman of committee of the Federation Council on the constitutional legislation and the state construction A. A. Klishas, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov, the representative of General Court of the Irkutsk region - the vice-chairman of General Court of the Irkutsk region A. N. Labygin, the representative of the Governor of the Irkutsk region - Candidate of Law Sciences A. A. Vyshtykaylova,

being guided by Article 125 (the part Item "and" 2) Constitutions of the Russian Federation, the subitem "an" of Item of 1 part one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 84, 85 and 86 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in open session case on check of constitutionality of parts 4, 5 and 5.1 Articles 35, of parts 2 and 3.1 of article 36 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation" and part 1.1 of article 3 of the Law of the Irkutsk region "About single questions of forming of local government bodies of municipalities of the Irkutsk region".

Reason for consideration of the case was the request of group of deputies of the State Duma. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed in legislative provision request.

Having heard the message of the judge-speaker N. S. Bondar, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The Federal Law of May 27, 2014 No. 136-FZ in a row of articles 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", the powers determining model of differentiation between levels of the public power in the field of the organization of local self-government which cornerstone the procedure for forming of local government bodies according to the charter of the municipality directly based on the called Federal Law was makes the changes providing in quality of the general rule the solution of the matter with participation of subjects of the Russian Federation. The Federal Laws of June 23, 2014 No. 165-FZ and of February 3, 2015 No. 8-FZ to the called Federal Law make the changes specifying possible options of substitution of position of the head of the municipality.

The group of deputies of the State Duma disputes constitutionality of following provisions of the Federal Law "About the General Principles of the Organization of Local Self-government in the Russian Federation" in current edition:

speak rapidly 4 Articles 35, according to which the representative body of the municipal district according to the law of the subject of the Russian Federation and the charter of the municipal district can consist of heads of the settlements which are part of the municipal district, and from deputies of representative bodies of the specified settlements elected by representative bodies of settlements from the structure according to rate of representation, equal irrespective of population of the settlement, or can be elected on municipal elections on the basis of general equal and direct suffrage in case of secret vote;

parts 5 of Article 35, according to which the representative body of the city district with intracity division according to the law of the subject of the Russian Federation and the charter of the respective municipality can be created by election of structure of representative bodies of intracity areas according to rate of representation, equal irrespective of population of intracity areas, or can be elected on municipal elections on the basis of general equal and direct suffrage in case of secret vote;

speak rapidly 5.1 Articles 35, according to which in case of adoption of law of the subject of the Russian Federation changing procedure for forming or election of representative body of the municipal district, city district with intracity division, the charter of the respective municipality is subject to reduction in compliance with the specified law of the subject of the Russian Federation within three months from the date of entry into force of the specified law of the subject of the Russian Federation; upon transition from election of representative body of the municipal district, the city district with intracity division on municipal elections to its forming from structure of representative bodies of settlements, intracity areas elections of deputies of such municipal district, city district with intracity division are not appointed and are not carried out if the specified law of the subject of the Russian Federation became effective before date since which the representative body of the municipal district, the city district with intracity division would have the right to make the decision on calling of an election;

speak rapidly 2 Articles 36, based on which according to the law of the subject of the Russian Federation and the charter of the municipality the head of the municipality is elected on municipal elections, or representative body of the municipality from the structure, or representative body of the municipality from among the candidates provided by tender committee by results of tender and depending on it can take this or that place in structure of local government bodies of the municipality;

speak rapidly 3.1 Articles 36, owing to which in case of adoption of law of the subject of the Russian Federation changing procedure for election of the head of the municipality, the charter of the respective municipality is subject to reduction in compliance with the specified law of the subject of the Russian Federation within three months from the date of entry into force of the specified law of the subject of the Russian Federation; the procedure for election of the head of the municipality entered by the law of the subject of the Russian Federation is applied after the expiration of powers of heads of the municipalities chosen about day of entry into force of the specified law of the subject of the Russian Federation.

Without calling into question possibility of application of different procedure for forming of representative body of the municipal district, city district with intracity division, and also different methods of substitution of position of the head of the municipality, applicants on this case see illegality of the given legislative provisions that they provide to subjects of the Russian Federation excessive diskretion in case of the solution of these questions: in particular, owing to lack of the criteria established at the federal level by which the regional legislator in case of differentiation of procedure for forming of local government bodies in the municipalities located in its territory shall be guided they do not exclude any approach to the choice of option of structure of local government bodies as unique (obligatory) for separate (specific) or several municipalities, and also establishment of different options of structure of local government bodies for municipalities of the same type, thereby depriving the population of the municipality of opportunity is direct or through local government bodies independently to determine their structure, and generate inequality in realization of the right to implementation of local self-government by the population of homogeneous municipalities.

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