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",

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:

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.

Besides, fixing of powers by determination of procedure for forming of representative body of the municipal district, city district with intracity division behind subjects of the Russian Federation will not be approved, according to applicants, with the Resolution of the Constitutional Court of the Russian Federation of May 18, 2011 No. 9-P according to which as they believe, transition from direct elections by the population of representative body of the top territorial level to its forming from representatives of the municipalities located in the corresponding territory is possible only according to the decision of representative bodies of these municipalities taking into account opinion of the population living in this territory. Applicants claim also that the disputed legal regulation - contrary to the requirement about entry into structure of representative body of the top territorial level formulated by the Constitutional Court of the Russian Federation only of representatives from among the faces which are earlier chosen directly the population does not exclude possibility of situation in case of which the representative body of the municipal district created from representatives of settlements will include the heads of settlements elected by representative bodies of these settlements from among the candidates provided by tender committee by results of tender, and who do not have the mandate from the population.

Proceeding from it applicants ask to recognize 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" not corresponding to the Constitution of the Russian Federation, its Articles 3 (part 3), 12, 32 (part 2), 130 (part 2), 131 (part 1) and 133, both on content of regulations, and from the point of view of respect for the constitutional principles of differentiation of areas of jurisdiction and powers between public authorities of the Russian Federation and public authorities of subjects of the Russian Federation.

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