About the deputy duties of the municipal. Benefits to deputies of local self-government. How MPs use benefits
1. To a deputy, a member of an elected body local government, the elected official of local self-government shall be provided with conditions for the unimpeded exercise of his powers.
2. The term of office of a deputy, a member of an elected body of local self-government, an elected official of local self-government is established by the charter of the municipal formation in accordance with the law of the subject Russian Federation and cannot be less than two or more than five years.
3. The powers of a deputy, a member of an elected local self-government body shall begin from the day of his election and terminate from the day the new elected body of local self-government begins to work.
The powers of an elected local self-government official begin from the day he takes office and terminate on the day the newly elected local self-government official takes office.
Powers of a deputy of a representative body municipal district, consisting in accordance with paragraph 1 of part 4 of Article 35 of this Federal Law from the heads of settlements that are part of the municipal district, and the deputies of the representative bodies of these settlements, start, respectively, from the day the head of the settlement that is part of the municipal district takes office, or from the day election of a deputy of the representative body of this settlement as a deputy of the representative body of the municipal district, which includes this settlement, and are terminated accordingly from the day of taking office again elected chapter settlement or from the date of entry into force of the decision on the next election to the representative body of the municipal district of a deputy from this settlement.
The powers of a deputy of a representative body of an urban district with an intracity division, formed in accordance with paragraph 1 of part 5 of Article 35 of this Federal Law from the representative bodies of intracity districts, shall begin from the day the deputy of a representative body of an intracity district is elected a deputy of a representative body of an urban district with an intracity division, into the composition which includes the given inner-city district, and are terminated from the date of entry into force of the decision on the next election to the representative body of the city district with the inner-city division of a deputy from this inner city district.
4. The decision to change the term of office, as well as the decision to change the list of powers and (or) the procedure for electing an elected official of local government shall apply only to elected officials of local government elected after the entry into force of the relevant decision.
(see text in previous edition)
5. Elected officials of local self-government may exercise their powers on a permanent basis in accordance with this Federal Law and the charter of the municipal formation.
The deputies of the representative body of the municipality exercise their powers, as a rule, on a non-permanent basis.
On a permanent basis, no more than 10 percent of the deputies of the established number of the representative body of the municipality can work, and if the number of the representative body of the municipality is less than 10 people - 1 deputy.
5.1. Guarantees for the exercise of the powers of a deputy, a member of an elected local self-government body, an elected local self-government official are established by the charters of municipalities in accordance with federal laws and laws of the constituent entities of the Russian Federation.
In the charters of municipalities, in accordance with federal laws and laws of the constituent entities of the Russian Federation, additional social and other guarantees may also be established in connection with the termination of the powers (including ahead of schedule) of a deputy, a member of an elected body of local self-government, an elected official of local self-government. Such guarantees, providing for the spending of local budget funds, are established only in relation to persons exercising the powers of a deputy, a member of an elected local government body, an elected local government official on a permanent basis and who have reached retirement age or have lost their ability to work during this period, and are not applied in the event of termination powers of these persons on the grounds provided for in paragraph seven of part 16 of Article 35, paragraphs 2.1, - 9 of part 6, part 6.1 of Article 36, part 7.1, paragraphs 5 - 8 of part 10, part 10.1 of Article 40, parts 1 and 2 of Article 73 of this Federal law.
5.2. Meetings of the deputy with voters are held in premises, specially designated places, as well as in courtyard territories, provided that their holding does not entail disruption of the functioning of life support facilities, transport or social infrastructure, communications, interfering with the movement of pedestrians and (or) Vehicle or citizens' access to housing or transport or social infrastructure. Authorities notification executive power of a constituent entity of the Russian Federation or local authorities, such meetings are not required. In this case, the deputy has the right to preliminary inform the said bodies about the date and time of their holding.
5.3. Local self-government bodies determine specially designated places for holding meetings of deputies with voters, and also determine the list of premises provided by local self-government bodies for holding meetings of deputies with voters, and the procedure for their provision.
5.4. Meetings of a deputy with voters in the form of a public event are held in accordance with the legislation of the Russian Federation on assemblies, rallies, demonstrations, processions and picketing.
5.5. Hindering the organization or holding of meetings of a deputy with voters in the form of a public event determined by the legislation of the Russian Federation on assemblies, rallies, demonstrations, processions and picketing entails administrative responsibility in accordance with the legislation of the Russian Federation.
6. Elected officials of local self-government cannot be deputies of the State Duma Federal Assembly Of the Russian Federation, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation, hold other public office Of the Russian Federation, public offices of the constituent entities of the Russian Federation, as well as public offices civil service and positions municipal service... An elected official of local self-government may not simultaneously exercise the powers of a deputy of a representative body of a municipal formation, with the exception of cases established by this Federal Law.
(see text in previous edition)
(see text in previous edition)
A deputy of a representative body of a municipal formation, an elected official of local self-government may not simultaneously exercise the powers of a deputy of a representative body of another municipal formation or an elected official of local self-government of another municipal formation, with the exception of cases established by this Federal Law.
(see text in previous edition)
7. A deputy, a member of an elected body of local self-government, an elected official of local self-government, exercising their powers on a permanent basis, shall not have the right to:
1) engage entrepreneurial activity in person or through proxies;
2) participate in the management of a commercial or non-commercial organization, with the exception of the following cases:
a) participation in gratuitously in management political party, body trade union, including by the elected body of the primary trade union organization created in the local government, the apparatus of the election commission of the municipality, participation in a congress (conference) or general meeting other public organization, housing, housing construction, garage cooperatives, real estate owners' associations;
b) participation on a gratuitous basis in the management of a non-profit organization (except for participation in the management of a political party, a trade union body, including an elected body of a primary trade union organization created in a local government body, the apparatus of an election commission of a municipal formation, participation in a congress (conference) or the general meeting of another public organization, housing, housing construction, garage cooperatives, associations of real estate owners) with prior notification of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of state power of the constituent entity of the Russian Federation) in the manner prescribed by the law of the constituent entity of the Russian Federation;
c) representation on a gratuitous basis of the interests of a municipal formation in the council of municipalities of a constituent entity of the Russian Federation, other associations of municipalities, as well as in their governing bodies;
d) representation on a gratuitous basis of the interests of the municipality in the governing bodies and the auditing commission of the organization, the founder (shareholder, participant) of which is the municipality, in accordance with the municipal legal acts that determine the procedure for exercising the powers of the founder of the organization on behalf of the municipality or the procedure for managing municipal property shares (stakes in the authorized capital);
e) other cases provided for by federal laws;
3) engage in other paid activities, with the exception of teaching, scientific and other creative activities. At the same time, teaching, scientific and other creative activities cannot be financed exclusively from funds of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided international treaty The Russian Federation or the legislation of the Russian Federation;
4) be a member of governing bodies, trustees or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their operating in the territory of the Russian Federation structural units unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.
(see text in previous edition)
7.1. A deputy, a member of an elected local government body, an elected local government official must comply with restrictions, prohibitions, and fulfill the duties established by Federal Law No. 273-FZ of December 25, 2008 "On Combating Corruption" and other federal laws. The powers of a deputy, a member of an elected local self-government body, an elected local self-government official are terminated early in the event of non-compliance with restrictions, prohibitions, failure to fulfill obligations established by Federal Law Law of May 7, 2013 N 79-FZ "On the prohibition specific categories persons to open and have accounts (deposits), keep cash cash and values ​​in foreign banks located outside the territory of the Russian Federation to own and (or) use foreign financial instruments ", unless otherwise provided by this Federal Law.
(see text in previous edition)
7.2. Checking the accuracy and completeness of information on income, expenses, property and liabilities property nature represented in accordance with the legislation of the Russian Federation on combating corruption by a deputy, a member of an elected body of local self-government, an elected official local self-government is carried out by decision of the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation) in the manner prescribed by the law of the constituent entity of the Russian Federation.
7.3. If, as a result of an audit carried out in accordance with part 7.2 of this article, facts of non-compliance with restrictions, prohibitions, failure to fulfill obligations established by Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption", Federal Law of December 3, 2012 N 230-FZ "On control over the compliance of expenses of persons holding public office and other persons with their income", Federal Law of May 7, 2013 N 79-FZ "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments ", the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation) applies for an early termination of powers deputy, member of an elected body of local samou board, an elected official of local self-government or the application of other measures of responsibility against these persons to the local self-government body authorized to make the relevant decision, or to the court.
(see text in previous edition)
7.3-1. To a deputy, a member of an elected local self-government body, an elected local self-government official, who submitted false or incomplete information about their income, expenses, property and property obligations, as well as information about income, expenses, property and property obligations of their spouses ( spouse) and minor children, if the distortion of this information is insignificant, the following measures of responsibility may be applied:
1) warning;
2) dismissal of a deputy, a member of an elected body of local self-government from office in a representative body of a municipal formation, an elected body of local self-government with deprivation of the right to hold office in a representative body of a municipal formation, an elected body of local self-government until the termination of his term of office;
3) release from exercising powers on a permanent basis with the deprivation of the right to exercise powers on an ongoing basis until the termination of his term of office;
4) a ban on holding positions in a representative body of a municipal formation, an elected body of local self-government until the termination of his term of office;
5) prohibition to exercise powers on an ongoing basis until the termination of his term of office.
7.3-2. The procedure for making a decision on the application to a deputy, a member of an elected local self-government body, an elected local self-government official of the measures of responsibility specified in part 7.3-1 of this article is determined by a municipal legal act in accordance with the law of a constituent entity of the Russian Federation.
7.4. Information on income, expenses, property and liabilities of a property nature, submitted by persons holding municipal positions, are posted on the official websites of local governments in the information and telecommunication network "Internet" and (or) are provided for publication to the media in the manner determined by municipal legal acts.
8. Guarantees of the rights of deputies, members of elected bodies of local self-government, elected officials of local self-government when bringing them to criminal or administrative responsibility, detention, arrest, search, interrogation, commission of other criminal procedural and administrative procedural actions in relation to them, as well as during operational-search measures in relation to deputies, members of elected local self-government bodies, elected officials of local self-government, residential and (or) office space, their luggage, personal and official vehicles, correspondence, the means of communication used by them, documents belonging to them are established by federal laws.
Chapter 2. RIGHTS AND OBLIGATIONS OF A DUMA DEPUTY
Article 6. Forms of activity of a deputy
The forms of activity of a deputy are:
participation in meetings of the Duma;
participation in the formation and work of the Duma commissions;
execution of instructions from the Duma
submission of draft normative legal acts to the Duma as a rule-making initiative, as well as amendments to them, participation in the development of normative legal acts;
participation in parliamentary hearings;
filing a parliamentary inquiry;
participation in monitoring compliance with the Charter, regulatory legal acts of the Duma;
participation in investigations conducted by the Duma;
i) appeal to the relevant officials with the requirement to take measures to immediately suppress the revealed violation of the rights of citizens and other persons;
participation in the work of deputy associations; fractions;
work with voters.
Activities can be carried out in other forms provided for by laws, as well as the Charter, regulatory legal acts of the Duma.
Article 7. Participation of a deputy in meetings of the Duma
The deputy of the Duma takes personal part in the meeting of the Duma and enjoys the right of a decisive vote on all issues considered by the Duma of the settlement, as well as the Duma commission, of which he is a member.
The deputy has the right:
elect and be elected to the commission and to the corresponding positions in the Duma;
to express an opinion on the personal composition of the bodies created by the Duma and the candidatures of officials elected, appointed or approved by the Duma;
to propose questions for consideration by the Duma;
to submit draft legal acts, as well as amendments to them for consideration at a meeting of the Duma;
to make suggestions and comments on the agenda, on the order of consideration and the substance of the issues discussed at a meeting of the Duma;
to make proposals on hearing at a meeting of the Duma an extraordinary report or information of a body or official of local self-government, accountable or controlled by the Duma in accordance with the Charter;
raise the issue of no confidence in the composition of bodies formed or elected by the Duma or officials elected, appointed or approved by it in the cases established by the Charter;
to submit to the Duma proposals on the need to verify the implementation of the Charter and normative legal acts of the Duma by local authorities, organizations, regardless of the organizational and legal forms located on the territory of the municipality;
participate in debates, ask questions to the speakers and the chairperson of the Duma meetings, demand an answer, give reasons for their proposals and with reasons for voting, provide information;
to announce at the meetings of the Duma citizens' appeals, which, in his opinion, are of public importance;
apply with a parliamentary inquiry;
transfer to the presiding officer the text of the speech, which was not read out in connection with the termination of the debate, for inclusion in the minutes of the meeting of the Duma;
exercise other powers in accordance with federal laws, laws of the constituent entities of the Russian Federation, the Charter, regulatory legal acts of the Duma.
If it is impossible to be present at a meeting of the Duma, at a meeting of its commission, the deputy informs in advance the chairman of the Duma, the chairman of the commission, accordingly.
The absence of a deputy at a meeting of the Duma without a valid reason is not allowed. The deputy can familiarize himself with the materials of the next Duma and give a written opinion on all issues on the agenda of the meeting.
By the decision of the Duma, the names of the deputies who are absent from the meeting, indicating the reasons for their absence, can be communicated to voters through the media
Article 8. Participation of deputies in meetings of the Duma commissions
The deputy takes part in the work of the commissions of which he is a member, makes proposals, participates in the discussion of the issues under consideration and decision-making. The deputy can take part in the work of the Duma commissions, of which he is not a member, participate in the discussion of the issues under consideration and the adoption of decisions with the right of an advisory vote.
In case of disagreement with the decision of the commission on the draft normative legal act adopted by the Duma, the deputy has the right to submit his proposal in writing as an independent amendment to the draft of the corresponding normative legal act. The amendments made by him are subject to mandatory consideration by the Duma, and a vote is taken on them.
By decision of the Duma, a deputy may be removed from the commission for systematic non-participation in its work in accordance with the procedure established by the Rules of Procedure of the Duma, other regulatory legal acts of the Duma.
The deputy is timely informed about the time of convocation, the place of the meeting of the Duma, meetings of its commissions, issues submitted for their consideration, and also receives all the necessary materials on these issues.
Article 9. Fulfillment of instructions by a deputy
The deputy carries out the instructions of the Duma. Decisions on giving instructions to a deputy are made at meetings of the Duma or the relevant commissions and are reflected in the minutes.
Article 10. Appeal of a deputy with a rule-making initiative
A deputy of the Duma has the right to a rule-making initiative, carried out in the form of submission to a representative body:
draft regulatory legal acts;
draft acts on amendments and additions to the existing normative legal acts of the Duma;
amendments to the draft normative legal acts of the Duma on issues within the competence of the Duma.
The deputy's proposals, introduced as a rule-making initiative, are subject to mandatory consideration by the Duma. The procedure for the implementation of a rule-making initiative by a deputy is determined by the Rules of Procedure of the Duma.
Article 11. Participation of a deputy in parliamentary hearings
The deputy participates in parliamentary hearings held on the decisions of the Duma, including speaking at these hearings during the discussion of draft normative legal acts of the settlement and (or) issues of great public importance.
Article 12. Deputy appeal and deputy inquiry
A deputy or a group of deputies have the right to appeal directly to local self-government bodies, the head of local self-government, as well as to the heads of state and public bodies, enterprises, institutions, organizations located in the territory of the settlement, regardless of the form of ownership, on issues within the competence of the Duma.
A deputy's request is submitted at a meeting of the Duma in writing, announced, and an appropriate decision is made on it. The person to whom the deputy's request is addressed shall be sent a certified copy of the decision on recognizing the deputy's request as a deputy's request and the original of the deputy's appeal recognized as a deputy's request.
If the said appeal concerns the facts of violation by state bodies, local self-government bodies or officials of acts of local self-government bodies, then the Duma may recognize it as a deputy's request and include it in the agenda of its meeting.
The official to whom the deputy's request is addressed must give an answer to it orally at a meeting or in writing no later than 15 days from the date of its receipt or within another period established by the Duma. A deputy's request and a written response to it are announced by the chairperson or the official to whom the request is addressed at a meeting of the Duma, or are brought to the attention of the deputies in another way in the manner prescribed by the Rules of Procedure of the Duma. The deputy has the right to assess the response to the request. Based on the results of consideration of requests by the Duma of the settlement, a decision can be made. The request, the answer to it and the decision of the Duma affecting the rights, freedoms and interests of citizens are subject to mandatory publication in the media.
Article 13. Exercise by the deputy of control over the observance of the normative legal acts of local self-government
The deputy participates in monitoring compliance with the Charter, regulatory legal acts of the Duma by participating in audits, preparing proposals based on the results of audits.
The deputy has the right to demand the immediate elimination of violations of the law, rights, freedoms, legitimate interests citizens, and in necessary cases apply to the relevant authorities and officials with a demand to suppress the violation. The fact of violation can be recorded in the protocol drawn up at the request of the deputy by the representative of the relevant law enforcement or control body.
Article 14 - Obligations of officials to consider appeals of a deputy
On issues related to deputy activities, in the territory of the settlement, the deputy enjoys the right of immediate reception by the heads and other officials of local self-government bodies, municipal enterprises and institutions. When a deputy applies to local self-government bodies, municipal enterprises and institutions located on the territory of a municipal formation, their officials provide the deputy on issues related to deputy activities with expert advice, immediately provide him with the necessary information and documents, taking into account the requirements of the legislation of the Russian Federation on state and trade secrets... If necessary, in connection with the appeal of a deputy additional verification or additional study of any issues, the above-mentioned heads of bodies and officials are obliged to inform the deputy about this within three days from the date of receipt of the deputy's appeal. The final answer is submitted to the deputy no later than 15 days from the date of receipt written request deputy.
Local self-government bodies, organizations, regardless of organizational and legal forms, located on the territory of the municipality, public associations are obliged to assist the deputy in the exercise of his powers. Intervention of the deputy in economic activity organizations, regardless of their organizational and legal forms, the activities of bodies of inquiry, prosecutors, investigators and courts are not allowed.
Article 15. Appeal of a deputy to the mass media
The deputy has the preferential right to speak on the issues of parliamentary activity in the media.
The deputy is responsible for the accuracy of the materials submitted by him for publication.
Article 16. Work with voters
Deputies report to voters during meetings with them, and also inform them about their activities through the media at least once a year. At the request of the voters, an extraordinary report of the deputy may be carried out. The requirement to conduct a report must collect at least 1% of signatures from the number of voters in a given constituency.
A deputy, within the powers granted to him:
takes measures to ensure and protect the rights, freedoms and legitimate interests of its voters;
considers proposals, applications and complaints received from voters, if necessary, directs them to the relevant state authorities, local self-government bodies, organizations, regardless of organizational and legal forms, monitors their timely consideration;
participates in the consideration of issues affecting the interests of voters in government bodies, local governments, organizations, regardless of the organizational and legal forms;
studies public opinion, if necessary, makes proposals to the relevant state authorities and local self-government, takes them into account when developing normative legal acts of the Duma;
participates in the work of bodies of territorial public self-government, in meetings of voters, including at their place of residence, work, service, study; uses other forms of work with voters and the population.
Voters can give orders to a deputy. The procedure for organizing work with voters' orders is determined by the Duma.
Article 17. Duties of a Deputy
The deputy is obliged:
observe the rules of parliamentary ethics established by the Duma. Responsibility for violation of the rules of parliamentary ethics is established by the Rules of Procedure of the Duma;
be accountable to voters. To provide reports, meetings with voters, at the request of a deputy, the administration of the settlement, municipal unitary enterprises, municipal institutions allocate premises free of charge, notify citizens about the time and place of reports, meetings, send their representatives to participate in them, and also provide the necessary reference and information materials, provide other assistance;
To carry out the instructions of the Duma, instructions of the commission, of which he is a member.
From the Charter of the Moscow Region Perevolotsk District
Article 19. Representative body of local self-government - Council of Deputies of the Perevolotsk region
1. The representative body of local self-government of the Perevolotsk region is the Council of Deputies of the Perevolotsk region (hereinafter referred to as the Council). The council makes decisions that are valid throughout the district.
2. The Council consists of 19 deputies, elected on the basis of universal, equal and direct suffrage by secret ballot on the basis of the majoritarian electoral system in single-member and (or) multi-member constituencies.
3. The term of office of the Council of Deputies is five years. The Council is competent provided that at least two thirds of the established number of deputies are elected.
4. The Council of Deputies has the rights legal entity... The cost estimate for the maintenance of the Council of Deputies is approved by the decision of the Council and is included in a separate line in the district budget.
Article 20.Competence of the Council of Deputies
1. The exclusive competence of the Council of Deputies includes:
1) the adoption of the charter of the municipal formation and the introduction of amendments and additions to it;
2) statement local budget and a report on its implementation;
3) establishment, change and cancellation of local taxes in accordance with the legislation of the Russian Federation on taxes;
4) adoption of plans and programs for the development of the municipality, approval of reports on their implementation;
5) determination of the procedure for the management and disposal of property in municipal ownership;
6) determination of the procedure for making decisions on the creation, reorganization and liquidation of municipal enterprises, as well as on the establishment of tariffs for the services of municipal enterprises and institutions, the performance of work, with the exception of cases provided for by federal laws;
7) determination of the procedure for the participation of the municipal formation in the organizations of intermunicipal cooperation;
8) determination of the order of material, technical and organizational support for the activities of local self-government bodies;
9) control over the execution by local self-government bodies and local self-government officials of powers by decision;
10) making a decision to remove the head of the municipal formation to resign.
2. The powers of the district Council of Deputies also include:
1) election and dismissal of the Chairman of the District Council and his deputy;
2) formation of the audit commission;
3) the formation and abolition of permanent deputy commissions and other working bodies of the Council;
4) the appointment of municipal elections and local referendums, meetings (conferences) of citizens, voting on the recall of a deputy, an elected official of local self-government, voting on the issue of changing borders, transforming a district;
5) making a decision on the formation of an electoral commission for the preparation and conduct of municipal elections and local referendums;
6) approval of the scheme of electoral districts for holding elections of deputies of the district council;
7) hearing annual reports on the work of the Council of Deputies and its permanent commissions, the Head of the district on the results of its activities, activities local administration and other local self-government bodies subordinate to the Head of the district, including on the resolution of issues raised by the Council of Deputies of the district;
8) hearing the annual report of the head of the department of the Ministry of Internal Affairs of the Russian Federation for the Perevolotsk region in accordance with the Federal Law "On the Police";
9) the adoption of generally binding provisions and rules on all subjects of jurisdiction of the municipal formation, provided for by this Charter; adoption of other municipal legal acts;
10) determination of the procedure for consideration of the draft local budget and its approval;
11) approval of the structure of the district administration, coordination of the appointment of deputy heads of the district administration, heads of independent structural divisions of the district administration;
12) approval of the symbols of the Perevolotsk region, the adoption of regulations on them;
13) adoption of programs of privatization of district property;
14) establishing the procedure for attracting borrowed funds by the region;
15) early termination of the powers of deputies in the cases and in the manner provided for by laws and this Charter;
16) establishing at the expense of their own budget funds additional benefits and benefits for citizens living in the district;
17) consideration of appeals of deputies and making decisions on them;
18) development and adoption of the Rules of Procedure of the Council;
19) creation of deputy associations;
20) making decisions on transmission (reception) separate powers and the conclusion of appropriate agreements with local government bodies of individual settlements that are part of the district;
21) the exercise of other powers is determined in accordance with federal, regional laws and this Charter.
Article 21. The order of activity of the Council of Deputies
1. The organization of the activities of the district Council of Deputies is carried out by the Chairman of the Council, elected by the deputies from among their members.
2. The procedure for nominating candidates for the position of chairman of the Council of Deputies and the procedure for electing him shall be regulated by the rules of procedure of the Council of Deputies.
3. Chairman of the Council:
1) manages the preparation of meetings of the Council of Deputies and issues submitted for consideration by the Council of Deputies;
2) convene meetings of the Council of Deputies, notify the deputies of the Council of Deputies of the time and place of their holding, as well as the draft agenda;
3) signs minutes of meetings and other documents of the Council of Deputies;
4) conducts meetings of the Council of Deputies;
5) issues resolutions and orders on the organization of the activities of the Council of Deputies, signs the decision of the Council of Deputies;
7) render assistance to the deputies of the Council of Deputies in the exercise of their powers, organize the provision of them with the necessary information;
8) gives instructions to the permanent deputy commissions on the issues of their conduct;
9) takes measures to ensure transparency in the work of the Council;
10) receives citizens and organizations in the Council;
11) is the manager of budgetary funds for expenses provided for in a separate line in the district budget for the preparation and holding of meetings of the Council of Deputies, the work of the apparatus and its maintenance, and for other expenses related to the activities of the Council of Deputies and Deputies;
12) exercise other powers in accordance with the regulations of the Council of Deputies.
4. The Chairman of the Council exercises his powers on a non-permanent basis.
5. The Deputy Chairman of the Council of Deputies shall act as chairman of the Council of Deputies in the event of his temporary absence.
6. Decisions of the District Council of Deputies are made at its meetings. The Council of Deputies decides all issues of its internal regulations and activities in accordance with the Rules of Procedure.
7. A meeting is legally qualified if it is attended by 50% of the number of elected deputies. The meetings are called by the Chairman of the Council, and in his absence - by the Deputy Chairman. Meetings are held at least once every three months.
8. On issues within the competence of the Council of Deputies, permanent and temporary commissions may be created from among the deputies. The order of organization and activity of the commissions, their powers are determined by the Rules of the Council and the Regulations on the commissions.
REGULATIONS
Council of Deputies
municipality
These Regulations establish the procedure for organizing the activities of the Council of Deputies and its working bodies.
1. GENERAL PROVISIONS
1. Fundamentals of the organization and activities of the Council of Deputies
1.1. In accordance with the Constitution of the Russian Federation, the Federal Law "On general principles organization of local self-government in the Russian Federation ", the Charter of the municipal formation (hereinafter - the Charter), the Council of Deputies of the municipal formation (hereinafter - the Council) is representative body local government.
1.2 The competence, the procedure for organizing the activities of the Council are regulated by the Constitution of the Russian Federation, federal laws, the Charter of the Orenburg region, the legislation of the Orenburg region, the Charter of the municipality and these Regulations.
1.3. The activities of the Council of Deputies are based on the principles of free discussion and collective solution of issues, transparency and legality, taking into account public opinion, and being controlled by the population.
1.4. The forms of work of the Council of Deputies are meetings of the Council of Deputies, meetings of standing commissions, deputy associations, temporary deputy working groups, parliamentary hearings, days of a deputy and other forms of events related to the activities of the Council (meetings, seminars, conferences, etc.).
1.5. The decisions of the Council, adopted within its competence, are binding on bodies and officials of local self-government, as well as organizations and citizens located on the territory of the municipality.
1.6. The Council of Deputies has the rights of a legal entity.
1.7. The Council of Deputies can act as a founder or have its own mass media.
1.8. Organizational, documentary, informational support of the activity of the Council of Deputies is carried out by the executive secretary of the Council of Deputies.
II. STRUCTURAL ORGANIZATION OF THE COUNCIL
2.1. Council structure
1) The Council consists of 21 deputies elected in accordance with the current federal laws, the laws of the Orenburg region and the Charter of the municipality.
2) The working bodies of the Council are the Chairman of the Council, Deputy Chairman of the Council, Council commissions, deputy groups.
2.2. Chairman of the Council of Deputies
2.2.1. The procedure for the election and termination of the powers of the chairman of the Council.
1) Each deputy has the right to nominate a candidate for the position of chairman of the Council at a meeting.
2) Each candidate for the position of Chairman of the Council is given the floor to speak and answer questions, after which a discussion of the candidacy is held.
3) Each candidate can recuse himself at any time before the Council approves the text of the ballot paper.
4) After discussion, a secret ballot is held. A candidate is considered elected if more than half of the established number of deputies voted for him.
5) If more than two candidates have been nominated and none of them has received the required number of votes, a second vote shall be held for the two candidates with the largest number of votes.
A candidate is considered elected if he / she has collected in the second round of voting more than half of the established number of deputies of the Council.
6) If, when voting for two candidates, none of them received more than half of the votes of the established number of deputies, a vote is taken for one candidate who received the largest number of votes.
7) If, after the second round of voting, the election did not take place, that is, the candidate did not receive more than 50 percent of the votes, a repeat election is held. In a repeat election, candidates who have participated in previous elections may be nominated.
2.2.2. The Chairman of the Council assumes office after his election and terminates his powers in case of termination of his parliamentary powers or early, in case of resignation or dismissal.
2.2..3. The Chairman of the Council may be removed no earlier than one year after the election.
The proposal to remove the chairman of the Council is made by one third of the votes of the total number of deputies or by the head of the municipality on the basis of non-fulfillment or improper performance the chairman of his duties. The grounds for making a proposal to recall the chairman of the Council must be confirmed by the conclusion of an ad hoc commission specially formed to consider this issue.
The council is discussing the proposal to remove the chairman based on the opinion of the ad hoc committee. When discussing the issue of dismissing the chairman of the Council, the meeting is chaired by his deputy.
On the proposal to remove the chairman of the Council, a secret ballot is held at the same meeting where this proposal was accepted for discussion. The question of displacement is decided by an absolute majority of votes from the established number of deputies of the Council.
2.2.4. The Chairman of the Council has the right to voluntarily resign on the basis of his written statement announced at a meeting of the Council, if at the next meeting the resignation is accepted by a majority of votes of the established number of deputies.
2.2..5. Termination by the Chairman of the Council of his deputy powers on the grounds stipulated by law and the Charter of the municipality, entails its resignation from the moment of termination of parliamentary powers.
2.2..6. The Chairman of the Council is accountable and controlled by the Council in his work.
2.3. Powers of the Chairman of the Council of Deputies
2.3.1. The Chairman of the Council exercises his powers on a non-permanent basis and represents the Council of Deputies in relations with the population, labor collectives, state and local authorities, commercial and non-profit organizations, public associations;
2.3.2. Convene meetings of the Council, notify the deputies of the time and place of their holding, as well as the draft agenda, manage the preparation of meetings;
2.3.3. Presides over the meetings of the Council;
2.3.4. Renders assistance to deputies in the exercise of their powers;
2.3.5. In pursuance of the decisions of the Council, within the limits of its competence, gives instructions to the standing committees of the Council, other bodies of local self-government, officials of local self-government;
2.3.6. Organizes the reception of citizens in the Council of Deputies, consideration of their appeals;
2.3.7. Is the manager of budgetary funds for the expenses provided for by the budget of the municipality for the preparation and holding of meetings of the Council, and other expenses related to the activities of the Council;
2.3..8. Solves other issues provided for by these Regulations, as well as those assigned to him by the Council of Deputies.
2.3..9. The Chairman of the Council issues resolutions and orders on the organization of the Council's activities.
2.4. Deputy Chairman of the Council
2.4.1. The Deputy Chairman of the Council is elected from among the deputies in accordance with the procedure established by these Regulations for the election of the Chairman of the Council.
2.4..2. The Deputy Chairperson takes office after being elected by secret ballot.
2.4.3. The Deputy Chairman performs certain of his functions on behalf of the Chairman and replaces the Chairman in the event of his temporary absence or inability to exercise his powers, or performs his functions in the event early termination powers of the chairman until the inauguration of the new chairman.
2.4..4. The deputy chairman exercises his powers on a non-permanent basis.
2.4.5. The powers of the deputy chairman begin from the moment of election and terminate upon the expiration of the term of office of the corresponding convocation or early in the event of his withdrawal or resignation.
2.4..6. The Deputy Chairman of the Council is accountable to and controlled by the Chairman of the Council and the Council.
III. STANDING COMMISSIONS,
DEPUTY (party) GROUPS AND OTHER BODIES OF THE COUNCIL
3.1 Permanent Commissions
3.1.1. The Council from among the deputies creates commissions for preliminary consideration and preparation of issues to be considered at a meeting of the Council.
3.1.2. The list and the nominal composition of the commissions are approved upon the proposal of the chairman at a meeting of the Council after a discussion procedure.
3.1.3. All deputies, with the exception of the chairman, are members of the standing committees.
3.1.4. The issue of creating a commission is included in the agenda on a general basis.
3.1.5. When discussing the issue of creating a commission, the issue of the feasibility of its creation is first considered, indicating the estimated size of the commission.
The decision to create a commission is made by a majority vote of the established number of deputies.
After making a decision on the creation of a commission, the chairman of the Council announces the list of deputies proposed as candidates for members of the created commission. The Chairman of the Council includes deputies in the list of candidates for commission members only after receiving their consent.
A deputy who is absent from a meeting of the Council or has not given his consent to be included in the commission cannot be nominated for membership in the commission. Nominated candidates can recuse themselves.
After a preliminary discussion of candidates for members of the created commission, the Council decides how to vote: by a list (only if the number of proposed candidates, with the exception of self-rejections, does not exceed the total number of the created commission) or for each candidate separately (additionally the question of the form of voting is being decided). The decision is taken by a majority of votes of the established number of deputies.
3.1.6. A deputy can voluntarily resign from the commission by submitting an application addressed to the chairman of the Council.
3.1.7. The Commission at its first meeting elects a chairman from among its members.
3.1.8. The chairman of the commission is approved by the Council. If the candidacy of the chairman of the commission is rejected at a meeting of the Council by a majority of votes from the number of elected deputies, then until the election of a new chairman, his duties at the meetings of the commission are performed by one of the members of the commission on behalf of the chairman of the Council.
3.1.9. The Commission, on behalf of the Council or its chairman, or on its own initiative, carries out:
1) organization of work in the Council in its areas of activity;
2) preliminary discussion of projects, documents submitted for consideration by the Council, preparation of conclusions on them, consideration and amendment of draft documents taken as a basis;
3) proactive development of draft documents and proposals, submission of prepared documents for consideration by the Council;
4) interaction with the chairman of the Council, the deputy chairman of the Council, other bodies and officials of the municipality in the preparation of decisions of the Council related to the jurisdiction of the commission;
5) sending their representatives as rapporteurs, co-rapporteurs, experts to Council meetings, making amendments agreed by the commission, distributing prepared conclusions and other materials;
6) preparation of proposals and implementation, on behalf of the Council, of control functions over the activities of bodies and officials of local self-government, including the implementation of decisions made by the Council;
7) discussion of candidates for officials presented to the Council for appointment or approval;
8) collection and analysis of information on local issues under the jurisdiction of the commission;
9) planning the activities of the commission;
10) documenting the activities of the commission, providing materials on the work of the commission to the deputies of the body.
The Commission has the right to accept for preliminary study or consideration other issues within its competence in order to prepare proposals on them.
3.1.10. Council commissions are elected for the term of office of the Council and are accountable to it.
3.1.11. The activities of the commissions are carried out in accordance with the Regulation on the standing commissions of the Council approved by the Council.
3.2. Deputy (party) groups
3.2.1. Deputies of the Council of Deputies have the right to unite in deputy (party) groups.
3.2.2. Registration of deputy (party) groups is carried out at a meeting of the Council by submitting a written notification of the creation of a deputy group, signed by the deputies who wished to join the corresponding deputy association, indicating payroll... The presiding officer shall announce the said written notice.
3.2..3. Registration of a deputy (party) group is formalized by a decision of the Council of Deputies.
3.2..4. If the number of the deputy association becomes less than three deputies of the Council, the registration of the association is automatically canceled at the next meeting of the Council of Deputies after the establishment of this fact.
3.2.5. A deputy of the Council may be a member of only one deputy (party) group.
Deputies of the Council who were not included in any of the deputy (party) groups during their registration or who left such a deputy association may later join any of them with the consent of the deputy (party) group.
The basis for the inclusion of a deputy in the lists of a deputy association is a written statement of the deputy.
3.2.6. The grounds for the departure of a deputy from a deputy (party) group are:
a written statement on withdrawal from the deputy (party) group;
a written application for transfer to another registered deputy association;
the decision of a deputy (party) group to exclude a deputy from the composition of its deputy association, adopted by a majority of the total number of members of the association;
termination of parliamentary powers.
3.2.7. Deputy (party) groups have the right to:
submit questions for the Council's consideration and participate in their discussion;
carry out a preliminary discussion of draft decisions of the Council with the presentation of their recommendations on these projects to the standing committees of the Council;
to distribute among the deputies of the Council their programs, proposals, appeals and other materials;
invite to its meetings the deputies of the Council who are not members of this group, the head of the municipal formation, representatives of the administration of the municipal formation, public organizations, as well as specialists, experts and other persons;
consider, based on the proposals of the deputies who are part of the groups, the appeals of citizens received by them on issues of their deputy activities;
develop and submit proposals for the formation of a work plan for the Council.
3.3. Working deputy groups
3.3.1. To consider individual issues within the competence of the Council, the Council may create working groups. The proposal on the formation and composition of the working group is submitted by the chairman, deputies of the Council and approved in the same manner as the formation of the commission. The decision of the Council to establish a working group should contain the following:
- the purpose for which the group was created;
- the number and composition of the group, its leader;
- subjects of the group;
- term of office of the group;
- the time of submission of the report with the necessary written justification for the conclusions made, proposals or conclusions.
3.3.2. The working group carries out its activities on the subjects of reference in accordance with the goals established during its formation.
3.3.3. The working groups of the Council are formed from among the deputies, consisting of the leader and members of the group by an open vote by a majority of votes from the total number of deputies.
3.3.4. If necessary, the working group involves specialists and experts in the work.
3.4. The order of work of commissions and working groups
3.4.1. Specialists and experts can be involved in work in the commission, working group free of charge or on the terms of payment from the budget of the municipality in accordance with the estimate approved by the Council. In the same manner, the preparation of the necessary information, materials and documents may be paid at the request of the commission, the working group.
3.4.2. A meeting of a commission or a working group is competent if at least half of the total number of members of the relevant commission or working group takes part in its work.
3.4.3. If it is impossible to take part in the meeting, a member of the commission, the working group informs the chairman of the relevant commission, the head of the working group.
3.4.4. Sessions of the commission and the working group are usually open.
3.4.5. Closed meetings of the commission, working group are held on motivated decision the relevant commission, working group, adopted by two-thirds of the votes of the total number of members of the commission, working group.
3.4.6. The meeting of the commission, working group is chaired by the chairman or his deputy, and in their absence - by one of the members on behalf of the chairman of the commission, the head of the working group.
The order of consideration of issues at a meeting is determined by the chairperson.
3.4.7. On the issues under consideration, the commission, the working group makes decisions, proposals and conclusions by a majority vote of the members of the commission, the working group present at the meeting.
3.4.8. All members of the commission, working group, when considering issues and making decisions, enjoy equal rights.
3.4.9. At the meeting of the commission, the working group, a protocol is kept, which is signed by the chairman.
3.4.10. When considering an issue in several commissions, the chairman of the Council determines the head commission to coordinate their work, summarize its results and prepare generalized proposals and conclusions.
The decisions of the head commission related to the coordination of work and the generalization of its results are binding on other commissions.
3.4.11. On issues related to the jurisdiction of several commissions, joint meetings may be held. The decision to hold a joint meeting is taken by the chairman of the Council at the suggestion of one of the chairmen of the commission, which is in charge of the issue submitted for discussion. The agenda of the joint meeting and the person presiding over it are determined by the chairman of the Council.
The procedure for holding joint meetings is determined by these commissions independently.
3.4.12. Chairman of the commission, head of the working group:
- organizes the work of the commission, working group;
- convenes meetings and presides over them;
- provides members of the commission, working group with materials and documents on issues related to their activities;
- gives instructions to the members of the commission within the limits of their powers on issues within the competence of the commission;
- invites representatives of the population to participate in the meeting, government agencies, officials of local government, heads of municipal enterprises, institutions and organizations, specialists and experts;
- organizes control over the implementation of decisions of the Council on issues within the competence of the commission.
IV. PROCEDURE FOR CONVENING AND HOLDING MEETINGS OF THE BOARD OF DEPUTIES OF MUNICIPAL EDUCATION
4.1. The beginning of the work of the Council of Deputies
4.1.1. After the publication of the election results, the deputies of the Council hold a meeting at which the organizing committee is elected to prepare the first meeting of the Council. The organizing committee determines the agenda of the first organizational meeting of the Council and develops a draft structure of the Council.
4.1.2. Newly elected deputies are given the necessary normative legal acts that determine the work of local self-government bodies, and applications are accepted from deputies who have expressed a desire to participate in the work of one of the standing committees of the Council.
4.1.3. The newly elected Council shall be convened for the first meeting within 30 days from the date of the election of the Council of Deputies in the eligible composition.
4.1.4. At the first organizational meeting, the report of the election commission on the results of the elections of deputies is heard, the deputies are presented with certificates and badges of the deputy, the structure of the Council is approved, the chairman of the Council, the deputy chairman of the Council is elected, and standing commissions are formed.
4.1.5. The first organizational meeting is opened by the oldest deputy and leads it until the chairman of the Council is elected.
4.2. Procedure for convening meetings of the Council
4.2.1. Regular meetings of the Council of Deputies are convened by its chairman as necessary, but at least once every three months.
4.2.2. Extraordinary meetings of the Council are convened at the suggestion of the chairman of the Council, the head of the municipality, standing committees of the Council, at least one third of the established number of deputies.
4.2.3. The decision on the date and time of the extraordinary meeting is made by the chairman of the Council of Deputies and is communicated to the deputies within 5 days before the day of the meeting. emergency situations the meeting is called on the day of notification. The draft documents submitted for consideration of an extraordinary meeting of the Council of Deputies shall be submitted to the deputies no later than three days before its holding.
4.3. Competence of a meeting of the Council
4.3.1. A meeting of a district council is competent if attended by at least 50 percent of the number of elected deputies.
4.3.2. If the meeting is unauthorized, then it is postponed, and the deputies are informed about the place and time of the meeting.
4.4. Mandatory participation of deputies in meetings of the Council
Deputies are required to participate in every meeting of the Council.
If it is impossible to arrive at the meeting, the deputy informs in advance the chairman of the Council or the deputy chairman of the Council directly.
4.5. Planning the activities of the Council
4.5.1. The work of the Council is structured in accordance with the long-term work plan approved for the calendar year.
4.5.2. Project long-term plan is formed by the Council taking into account the proposals of the chairman of the Council, the head of the municipality, standing commissions, deputies, administration, submitted to the district Council of Deputies a month before the beginning of the planned year.
4.5.3. The draft long-term plan is discussed in the standing committees of the Council and submitted for approval by the District Council.
4.5.4. Control over the progress of the implementation of the long-term work plan is carried out by the standing committees of the Council.
4.5.5. The issues stipulated by the long-term work plan are introduced as a matter of priority on the agenda of the Council's meetings, as well as in the current work plans of local self-government bodies.
4.6. Formation of the draft agenda of the Council meeting
4.6.1. The draft agenda of the Council meeting is formed on the basis of a long-term work plan. In addition, proposals on the agenda can be made by the subjects of the law-making initiative. These proposals are submitted to the Council no later than 10 days before the start of the meeting.
4.6.2. Priority inclusion in the draft agenda of the meeting of the district Council are subject to:
1) draft decisions on the approval of the district budget, on the provision of guarantees, obtaining loans, etc .;
2) draft decisions on the approval of the Charter of the region, the Regulations, on the introduction of amendments and additions to them;
3) draft decisions based on the results of parliamentary hearings;
4) consideration of parliamentary inquiries and statements of deputies related to the exercise of their parliamentary powers.
4.7. Publicity in the activities of the Council
4.7.1. Meetings of the Council are held publicly and are, as a rule, open.
4.7.2. Deputies of all levels, the head of the district administration, deputy heads of the administration, the prosecutor, and the head of the district internal affairs department have the right to take part in the work of the meeting of the district Council.
By invitation, the meeting may be attended by representatives of the Government of the Orenburg region, public associations, persons participating in the preparation of the issues under consideration.
The issue of the number and composition of persons invited to the meeting is decided by the chairman of the Council.
4.7.3. The District Council, at the suggestion of its chairman, deputies, standing committees, may decide to hold a closed meeting (closed hearing of an issue) in cases of discussion at a meeting of issues containing information about state secrets, bank secrets, commercial secrets or other secrets protected by the Federal Law.
Information about the content of the closed meeting (closed hearing of the issue) is not subject to disclosure.
The head of the administration or an official temporarily acting as the head of the district administration, the prosecutor has the right to be present at closed sessions (closed hearings of the issue).
4.7.4. In the conference room, special seats are allocated for non-MPs. They are obliged to observe order and obey the presiding officer.
4.7.5. Representatives of the media are invited to open meetings of the District Council. Audio and video recordings in the meeting room may be conducted only with the permission of the presiding officer.
4.8. Registration of deputies
The chairperson informs the deputies about the number of deputies present at the meeting, its competence, as well as the composition and number of persons invited to the meeting.
4.9. Adoption of the agenda
4.9.1. The meeting begins with the approval of the agenda. In this case, the draft agenda, formed in the manner prescribed by these Regulations, is taken as a basis.
4.9.2. Proposals on the agenda of the meeting (on the exclusion of issues or on the inclusion of additional issues in it) are submitted by the chairperson, deputies, the head of the district in writing, or orally with a statement of motives.
4.9.3. The decision to include an issue in the agenda of the meeting, exclude it from the agenda, is adopted by voting on each proposal in the order of priority. After that, the agenda is adopted as a whole.
4.9.4. Issues requiring urgent consideration can be included in the agenda and rejected directly at the meeting, indicating the reasons.
4.9.5. On the issues included in the agenda directly at the meeting of the Council, the initiators of the introduction of the issue prepare a draft decision of the Council of Deputies and other materials, which are presented to the chairperson and the deputies during the meeting.
4.9.6. After the adoption of the agenda as a whole, the introduction of additional issues is not allowed.
4.10. Procedure for holding meetings
4.10.1. The duration of the meeting of the Council is determined by the chairperson in agreement with the chairmen of the commissions, taking into account the complexity of the issues on the agenda, and providing the deputies with the opportunity for a comprehensive and in-depth consideration of them.
4.10.2. Meetings of the Council, as a rule, begin at 10:00 and end no later than 17:00. The Council has the right to change the time of the meetings.
4.10.3. Breaks in the work of Council meetings are announced after 1.5 - 2 hours of work, taking into account the adopted agenda.
In addition, during the meetings, other breaks may be announced (for consultations, additional study of documents, etc.), but no more than once for each discussed issue. The duration of one such break cannot be more than 30 minutes.
4.10.4. Recess announcements may be requested by deputies, standing committees.
4.11. Distribution of documents and other materials during the meeting
4.11.1. During the meeting, the deputies, standing committees have the right to distribute among the deputies statements, appeals and other documents on the issues included in the agenda.
4.11.2. Spreading anonymous documents, as well as any other documents by persons, bodies and associations not specified in the first part of this article are not allowed.
4.12. Powers of the chairperson of the meeting
4.12.1. In accordance with the Charter, the chairman of the meeting is the chairman of the district council, and in his absence - the deputy chairman of the council.
4.12.2. The chairman presides over the meetings of the Council, monitors compliance with the Rules of Procedure and the working order adopted by the deputies.
4.12.3. Presiding officer during the session:
1) ensures compliance with the rules of procedure of the Council;
2) monitors the presence of a quorum;
3) organizes the work on keeping the minutes of the meeting;
4) gives the floor to speak in the order in which applications are received. If necessary, with the consent of the deputies, he can change the order of speeches. In case of violation of these Regulations - may warn and interrupt the speaker, and in the cases established by subparagraphs 6.3.11 and 6.3.12 of these Regulations, deprive him of the floor;
5) in case of violation of the working order of the session, decide on the removal of the offender who is not a deputy;
6) organizes voting and counting of votes, announces the results of voting;
7) announces written inquiries, personal statements, inquiries, questions of deputies, gives the floor to the deputies for oral inquiries and inquiries, proposals and amendments to draft legal acts, for speaking out in explanation of vote, as well as comments on the conduct of meetings;
8) within the limits of its competence, gives instructions related to ensuring the work of the Council, standing committees and deputies;
9) enjoys other rights established by this Regulation.
4.12.4. The presiding officer during the session is not entitled to:
1) interrupt the speaker, make comments to him, except for the cases provided for by the Regulations;
2) comment on speeches, evaluate the performance or the speaker;
3) without the consent of the deputies to change the issues on the agenda, the order of work;
4) ignore the demand of the deputy to put his proposal or amendment to a vote.
V. PROCEDURE FOR PREPARATION AND SUBMISSION OF QUESTIONS
FOR BOARD CONSIDERATION
5.1. Lawmaking Initiative
The right to implement the law-making initiative in the Council of Deputies belongs to the standing committees, deputies of the Council, the head of the municipality, deputy (party) groups, bodies of territorial public self-government of the population, the population, the district prosecutor.
5.2. Issues governed by decision making
Issues regulated by the Council of Deputies through decision-making are determined in accordance with the competence of the Council, enshrined in the Charter of the municipality.
5.3. Requirements for draft decisions to be considered by the Council
5.3.1. The draft decision, subject to consideration by the Council of Deputies, is submitted for consideration with justification for the need for its adoption and a list of legal acts that, with the adoption of the proposed decision, must be changed, canceled, declared invalid or newly developed.
5.3.2. A draft decision requiring budgetary appropriations is submitted when the sources of funding are indicated and there is an opinion financial unit administration of the municipality.
5.3.3. Issues prepared for consideration at a meeting of the Council in violation of the procedure established by these Regulations are not included in the agenda and are not considered, except for the cases when the consideration of this issue is coordinated with the Chairman of the Council and the chairman of the relevant standing committee of the Council.
5.3.4. In the event that a draft decision is submitted by the administration of a municipal formation, the project is considered only if agreed with the deputy head of the district administration in charge of this issue, the head of the corresponding branch unit of the administration of the municipal formation, the chairman of the relevant standing committee of the Council.
5.3.5. If a draft decision is submitted by deputies of the Council, the draft shall be considered if there is a visa for the chairman of the relevant standing committee of the Council.
5.4. Submission of draft decisions and other documents to the Council of Deputies
5.4.1. Draft decisions prepared in accordance with the Rules of Procedure and other materials are sent to the Council of Deputies addressed to the Chairman of the Council no later than 10 days before the start of the meeting.
5.4.2. The submitted documents for preliminary consideration and preparation of an opinion are sent by the chairman of the Council to the relevant standing commission of the Council of Deputies, to interested officials. The opinion of the standing committee of the Council is sent to the chairman of the Council for the final decision on submitting the issue for consideration by the Council of Deputies.
5.5. Working group on work on draft decisions
To finalize draft decisions, the chairman of the Council of Deputies, standing commissions can create a working group with the involvement of interested representatives of other commissions, local government bodies, project initiators and specialists.
5.6. Controversial draft decision
Unresolved disagreements on draft decisions are considered by the Chairman of the Council, who makes a decision on them. In this case, the chairman of the Council has the right to make a decision on introducing a draft with disagreements to the meeting. In this case, a conclusion is attached to the project, stating the views of managers who have objections.
5.7. Receipt by deputies and other interested persons of materials for meetings of the Council
5.7.1. The Council of Deputies, no later than 5 days before the start of the meeting, ensures that the draft decisions and other materials related to the holding of the meeting are received by the deputies, legal service the administration of the municipality, the prosecutor, as well as other persons participating in the consideration of issues.
5.7.2. When convening an extraordinary meeting, the materials related to its holding are received by the deputies no later than three days in advance or upon registration.
Vi. PROCEDURE FOR CONSIDERATION OF ISSUES,
INCLUDED IN THE AGENDA OF THE MEETING
6.1. Sequence and duration of consideration of issues included in the agenda of the meeting
6.1.1. At the beginning of each meeting of the Council, after the approval of the agenda, its approximate regulations are approved with a list of issues to be considered, indicating the time allotted for their consideration (not included in the minutes of the meeting).
6.1.2. The discussion of each issue on the agenda, as a rule, consists of a report, questions, speeches in the debate, references, speeches on a point of order, concluding speeches of the speaker.
6.2. Time for speeches of deputies and other persons participating in the meeting
6.2.1. The time for reports is set by the Chairman of the Council when forming the agenda in agreement with the speakers, but no more than 15 minutes for the report.
6.2.2. For the closing speech and speakers in the debate are given up to 5 minutes, for re-speeches in the debate, as well as speeches during the discussion of draft legal acts - up to 5 minutes, for speeches on candidates, order of conduct, reasons for voting, for statements, making inquiries, questions, suggestions, messages and inquiries - up to 3 minutes.
6.2.3. At the request of the speakers, the chairperson may, with the consent of the deputies, extend or reduce the time for speaking.
6.3. Debate procedure
6.3.1. Speeches of the deputies during the session are allowed only after they have been given the floor by the presiding officer.
The deputies speak from the rostrum. For remarks, inquiries, questions, making brief proposals on the order of conduct of the meeting, the reasons for voting, the deputies speak from their seats.
6.3.2. Requests for the floor to speak in the debate are submitted to the presiding officer both in writing and orally. Oral address carried out by raising the hand.
6.3.3. The chairperson gives the floor in the order in which applications are received, but with the consent of the deputies, he can change the order of speeches.
6.3.4. The chairperson of the meeting may give the floor in the debate on the issue under consideration to the head of the administration, his deputies, the district prosecutor, and invited persons. In this case, the deputies have the right to speak first.
6.3.5. The presiding officer has the right to take the floor for a speech at any time for no more than 5 minutes.
6.3.6. A deputy can speak on the same issue no more than two times. The floor on the order of conduct of the meeting, reasons for voting and for reference shall be given to the deputy out of turn.
6.3.7. A word for reference is provided:
1) to remind the exact wording of a legal act that is directly related to the issue under consideration;
2) to provide statistical and other data related to the issue under consideration (with reference to the source of information).
6.3.8. The floor is given to the Deputies in the following cases to speak on a point of order:
1) to file claims against the presiding officer;
2) to indicate a deviation from the regulations (without making a claim);
3) for a statement about an unexpected circumstance that prevents the continuation of the normal work of the deputies;
4) for a proposal to change the procedure for conducting a meeting.
6.3.9. Questions to the speakers are sent in writing or asked from the spot.
6.3.10. The speaking deputy introduces himself to those present, giving the number of the electoral district and his surname.
6.3.11. The speaker should not use rude, incorrect expressions in his speech, call for illegal actions... In the event of this violation, the presiding officer has the right to deprive the speaker of the floor without warning. If the speaker takes the floor without the permission of the presiding officer, he is also deprived of the floor.
6.3.12. If the speaker has exceeded the allotted time for him to speak or speaks not on the issue under discussion, the presiding officer, after one warning, deprives him of the floor.
6.3.13. A person who is not a deputy, in the event of violations of the established procedure, may be removed from the courtroom by order of the chairperson.
6.3.14. Proposals to close the debate are submitted only by the chairperson and the deputies. When raising the issue of closing the debate, the chairperson informs about the number of registered and speaking deputies, finds out who insists on speaking, and, with the consent of the deputies, gives him the floor. Deputies acting on behalf of the standing committees (one person each) are given the floor in mandatory.
6.3.15. After the debate is closed, the speaker has the right to deliver a closing speech. If the deputies did not have the opportunity to speak in connection with the closure of the debate, then at their request the texts of the speeches should be included in the minutes of the meeting.
6.4. Consideration of draft solutions
Consideration of draft decisions submitted for consideration by the Council of Deputies is carried out, as a rule, in one reading, or, by decision of the Council, in two readings.
6.5. Consideration of draft decisions in the first reading
6.5.1. In the first reading, the Council of Deputies hears the report, discusses the main provisions of the draft and makes suggestions and comments.
6.5.2. Discussion of the project can be carried out as a whole, in sections, chapters and article by article. If necessary, it is possible to return individual articles or the draft as a whole for revision to the authors of the draft, the standing commission or the working group.
6.5.3. The Council of Deputies may decide to vote immediately on the draft as a whole. Otherwise, each section, chapter of the draft legal act is put to the vote.
If the section, the chapter as a whole is not adopted, a line-by-article vote is taken, as well as a vote on each amendment introduced.
When the draft is discussed article by article, voting on the section as a whole is not carried out.
6.5.4. When introducing alternative drafts on the same issue, the Council simultaneously discusses them during the first reading and decides which of the drafts to be considered as a basis for preparing for the second reading.
6.5.5. If, during the first reading, the Council declares the submitted draft not requiring amendments, it may be adopted without a second reading.
6.5.6. Amendments to the discussed draft are introduced in writing by the deputies of the Council, the authors of the draft to the standing commission, the working group, which are entrusted by the Council to finalize the draft. Corrections must be transmitted no later than ten days before the start of the second reading.
6.5.7. The amendments rejected during the revision of the draft are attached to the text of the draft for consideration during the second reading.
6.6. Consideration of draft decisions in the second reading
6.6.1. When considering draft decisions in the second reading, a representative of the corresponding standing committee shall report on the results of the consideration of the draft in the standing committees, the amendments received and the results of their discussion.
6.6.2. The process of discussing the draft in the second reading is carried out similarly to the procedure for the first reading, as defined by these Regulations.
6.6.3. Oral amendments are not considered during the second reading of the draft. The floor to substantiate the oral amendment is provided if the deputy insists on introducing an amendment rejected by the standing committee or the working group.
6.6.4. The proposals of the head of the municipality are considered without fail.
6.6.5. As a result of the second reading, the Council makes a decision or rejects the project.
6.7. Features of the procedure for consideration and approval of the local budget and the report on its implementation
The procedure for considering and approving the budget of a municipal formation, as well as a report on its implementation, is established by the current budget legislation and the Regulation on budget process in the municipality.
6.8. Procedure for Consideration of a Protest, Presentation and Demand of a Prosecutor
6.8.1. The protest of the prosecutor against a legal act that is contrary to federal and regional legislation, the Charter of a municipal formation, adopted by the Council of Deputies, is considered at a regular meeting of the Council with preliminary discussion at meetings of standing committees.
6.8.2. The prosecutor shall be notified of the date of consideration of the protest no later than five days before the start of the session.
6.8.3. By agreement with the prosecutor, a submission that does not require amending or canceling a legal act of the Council may be considered at a meeting of a permanent deputy commission without bringing this issue to a meeting of the Council.
6.8.4. The prosecutor's request to amend the normative legal act shall be considered in the manner prescribed by the Federal Law "On anti-corruption expertise RLA and draft RLA ".
7.1.1. On issues submitted for consideration, the Council makes decisions by open, including roll-call, or secret ballot.
7.1.2. Before the start of voting on a decision, the chairperson clearly formulates the issue on which the vote is taken.
7.1.3. The deputy is obliged to express his attitude on the issue put to the vote and the decision taken by participating in the voting.
7.2.1. An open vote is carried out by a show of hands by the deputies in stages: "for", "against", "abstained".
7.2.2. The number of those who voted is recorded and transmitted to the chairman. At the end of the voting, the result (accepted or not accepted) is announced by the presiding officer.
A roll-call vote shall be held at the request of at least one-fifth of the number of deputies participating in the vote, and shall be carried out by show of hands. The names of the deputies voting "for", "against", "abstained" shall be entered into the minutes of the meeting.
7.4.1. An open vote in exceptional cases on issues requiring an urgent decision, in the intervals between meetings, can be carried out by polling deputies by order of the chairman of the Council.
7.4.2. The results of voting by means of a poll of deputies are brought to the attention of the deputies at the next meeting and are included in its minutes.
7.5.1. A secret ballot is held in the cases provided for by these Regulations, and in other cases - at the suggestion of the Chairman of the Council, deputies.
7.5.2. To conduct secret voting and determine its results, a counting commission is elected from among the deputies of the Council, the quantitative and personal composition of which is determined by the Council.
The Counting Commission elects a chairman from among its members.
7.5.3. Ballot papers for secret voting must contain the information necessary for voting and be produced under the control of the counting commission in the form established by it and in a certain amount.
7.5.4. Each deputy is given one ballot paper by the members of the counting commission for the election of an elected body or official, or for the resolution of the issue under consideration.
7.5.5. The ballot is filled in by the deputy with a mark determined by the counting commission.
7.5.6. Ballot papers of an unidentified form, unfilled ballots are considered invalid, and in the election of officials - ballots filled in with a violation determined by the electoral legislation
7.5.7. Based on the results of the secret ballot, the counting commission draws up a protocol, which is signed by the members of the counting commission. Based on the report of the counting commission, the Council approves the results of the secret ballot.
7.6.1. Upon a motivated proposal by the chairperson and the deputies, a re-vote may be held to cancel, amend the decision taken at the current meeting, or adopt a decision that has not received the number of votes necessary for its adoption at this meeting.
7.6.2. Re-voting can be carried out no more than two times.
7.7.1. By a majority of votes, not less than two-thirds of the established number of deputies, the following decisions of the Council are adopted:
1) the Charter of the municipality and the decisions of the Council on amendments and additions to it;
2) the budget of the municipality and decisions on amendments and additions to it, on execution;
3) a regulatory legal act rejected in accordance with the established procedure by the head of the municipal formation;
4) decisions on other issues provided for by these Regulations.
7.7.2. Other legal acts of a normative and non-normative nature are adopted if at least 50 percent of the established number of deputies have voted for them.
7.8. Making decisions on procedural issues
On procedural issues, the decision is made by a majority vote of the number of deputies present at the meeting.
Procedural questions include:
1) about a break in the meeting or its postponement;
2) on the provision of additional time for performance;
3) on the provision of the floor to those invited to the meeting;
4) to postpone or close the debate on the issue under discussion;
5) on the transfer of the issue to the relevant standing committee;
6) on voting without discussion;
7) on holding a closed meeting;
8) on changing the method of voting;
9) on changing the order of performances;
10) on the recount of votes;
11) on the inclusion of the issue in the agenda of the meeting of the Council;
12) on the exclusion of the issue from the agenda of the meeting of the Council.
VIII. PROCEDURE FOR MAKING MINUTES OF MEETINGS, REFINING
AND SIGNING LEGAL ACTS
8.1. Meeting minutes
8.1.1. Minutes are kept at each meeting of the Council of Deputies.
8.1.2. The minutes of the Council meeting indicate:
1) the name of the representative body, the ordinal number of the meeting (within the convocation) and the date of the meeting;
2) the number of deputies established by the Charter of the municipality, the number of elected deputies, the number of deputies present at the meeting, the list of persons present and invited to the meeting;
3) the number of deputies who are absent from the meeting, indicating the reasons for their failure to appear;
4) the surname, initials and position of the person who opened the meeting, as well as the presiding officer;
5) the approved agenda of the meeting (names of issues, names and initials of speakers and co-speakers);
6) the course of discussion of the issues included in the agenda of the meeting (name of each issue, surnames, initials and positions of speakers and co-speakers);
7) speeches in the debate on the agenda of the meeting with a summary of the speeches (surnames, initials of the deputies, the numbers of their electoral districts, as well as the names, initials and positions of persons who are not deputies speaking in the debate);
8) inquiries, appeals received during the meeting (if necessary and important - questions and inquiries of the deputies);
9) the decisions made on the issues discussed, as well as the results of voting, including on the appeals and requests of the deputies;
10) at the request of deputies who disagree with decisions taken(by decision), their surnames, initials and numbers of electoral districts are indicated in the minutes with a statement of their dissenting opinion.
8.1.3. Texts of reports, co-reports, written requests of the deputies, considered at the meeting, are attached to the minutes; written proposals and remarks of the deputies forwarded to the chairman; written information received by the deputies at the meeting; information on the composition of the invited persons present at the meeting.
8.1.4. The minutes of the meeting must be signed by the presiding officer no later than 15 days after the meeting.
8.1.5. The minutes and other materials of the meeting are stored in the current archive of the Council of Deputies throughout the year, and then transferred to the archive for permanent storage.
8.2. Finalization of legal acts adopted by the Council
The revision of legal acts adopted by the Council is carried out by the initiators of their submission to the meeting no later than five working days from the date of the end of the meeting. At the same time, it is prohibited to make any amendments, other than those indicated at the meeting, including editorial ones, to the adopted legal act.
8.3.1. Legal acts of the Council on the organization of its activities are signed by the Chairman of the Council.
8.3.2. The normative legal act adopted by the Council is sent to the head of the municipality for signing and promulgation. The head of the municipality has the right to reject a normative legal act adopted by the Council. In this case, the specified normative legal act within 10 days is returned to the Council with a reasoned justification for its rejection or with proposals to amend it. The rejected normative legal act is again considered by the Council at a regular meeting. If, upon reconsideration, the specified normative legal act is approved in the previously adopted version by a majority of at least two-thirds of the established number of deputies of the Council, it must be signed by the head of the municipality within seven days and promulgated.
8.3.4. The Council of Deputies ensures that the adopted legal acts are brought to the notice of performers and interested persons within 5 days from the date of their signing.
8.3.5. Official publication(promulgation) of normative legal acts adopted by the Council of Deputies in the media is carried out in the manner specified in such legal acts, and in cases stipulated by the current legislation.
IX. ORGANIZATION OF DEPUTY ACTIVITIES IN THE COUNCIL
9.1. Forms of deputy activity in the Council
9.1.1. The activities of a deputy in the Council are carried out in the following forms:
a) participation in the meetings of the Council;
b) participation in the work of commissions and working groups;
c) execution of instructions of the Council, its commissions and working groups.
9.1.2. Deputy activities can also be carried out in other forms permitted by the Constitution of the Russian Federation, federal laws, laws of a constituent entity of the Russian Federation, the Charter of a municipal formation.
9.2. The rights of a deputy in the exercise of deputy activities in the Council
In connection with the exercise of his powers, a deputy of the Council has the right:
- address written (oral) questions (inquiries) to the head of the municipality, other officials and local government councils located in the territory of the formation, as well as heads of other organizations located in the territory of the municipality;
- to elect and be elected to the commission, working group;
- to express an opinion on the personal composition of the commissions, working groups formed at the meetings of the Council, as well as on the candidacies of officials of local self-government, appointed by agreement with the Council;
- to make proposals on the agenda, the order of discussion and on the merits of the issues considered by the Council;
- to introduce draft decisions of the Council, changes, additions and amendments to them, on changes, additions, amendments or cancellation of decisions previously adopted by the Council, as well as on the need to monitor the implementation of decisions of the Council;
- to announce the appeals of the population of the municipality, public associations, which are of local importance;
- get acquainted with the minutes of his speech, transmit the text of the speech, which he did not speak in connection with the closure of the debate, for inclusion in the minutes of the Council meeting;
9.3. Participation of a deputy in meetings of the Council and its working bodies
9.3.1. A deputy has a casting vote on all issues considered by the Council, commissions and working groups of which he is a member.
9.3.2. The deputy exercises at the meetings of the Council and its working groups the rights granted to him in accordance with these Regulations.
9.3.3. The deputy is obliged to attend all meetings of the Council and its working groups, of which he is a member.
If it is impossible to be present at the meetings of the Council, the commission or the working group, the deputy informs in advance the chairperson, or the chairman of the commission, the head of the working group, respectively.
9.3.4. A deputy has the right to be present with an advisory vote at a meeting of a commission or a working group, of which he is not a member.
9.3.5. A deputy who did not speak at a meeting of the Council due to the closure of the debate has the right to convey to the presiding officer the text of his speech, as well as proposals and comments on the issue under discussion set out in writing.
9.3.6. Proposals and remarks made by a deputy at a meeting of the Council are considered and taken into account by the relevant standing committee when finalizing the draft decision of the Council.
9.4. Dissenting opinion of a deputy
A deputy who does not agree with the decision of the Council adopted in accordance with these Rules of Procedure and who announced this during the meeting of the Council may state his dissenting opinion and submit it in writing to the presiding officer for inclusion in the minutes of the meeting.
X. IMPLEMENTATION BY THE BOARD OF CONTROL FUNCTIONS
10.1. Organization of control
10.1.1. The Council, in accordance with the Charter of the municipality, exercises control over the activities of local self-government bodies and local self-government officials to resolve issues local significance, the implementation of plans and programs for the development of the municipality
10.1.2. Control activity The Council is carried out by the Council directly, as well as through the Commission of the Council.
10.1.3. Control activity is carried out by considering at meetings of the Council or its commissions issues related to the sphere of competence of the Council, as well as through parliamentary inquiries and questions.
10.2. Rights of the Council and its commissions in the implementation of control activities
When exercising control powers, the Council and its commissions have the right to:
- to request from the head of the municipal formation, heads of structural divisions of the administration of the municipal formation, municipal enterprises, institutions, organizations, the relevant documents, reference materials necessary for the implementation of control;
- to submit proposals to the meetings of the Council and its commissions based on the results of control;
- inform the head and other officials of the municipality about the revealed violations;
- make recommendations to the head and other officials of the municipality for improving the work;
- to demand from the inspected structural divisions of the administration of the municipal formation, municipal enterprises, institutions and organizations to eliminate the revealed violations.
10.3.1. A deputy, a group of deputies of the Council have the right to apply with a request to the head and other officials of the municipality, as well as to the heads of enterprises, institutions, organizations located on the territory of the municipality, on issues within the competence of the Council.
10.3.2. A deputy's request is submitted to a meeting of the Council in writing, announced at a meeting and a decision is made on it.
10.3.3. The answer to the deputy's request must be given orally at a meeting of the Council or in writing no later than 30 days from the date of its receipt.
10.3.4. A written answer to a deputy's inquiry shall be announced by the chairperson of the Council meeting or brought to the attention of the deputies in another way.
10.4. Question.
10.4.1. A deputy, a group of deputies has the right to address a question to any official of local self-government at a meeting of the Council.
10.4.2. The agenda provides for a time for the deputies of the Council to address questions and answers.
10.4.3. The issue in writing is submitted in advance by the deputy, a group of deputies to the chairman of the Council, which is the basis for inviting the corresponding official to the meeting of the Council.
10.4.4. If the invited official is unable to attend a meeting of the Council, he must give a written response to the preliminary the question asked... In this case, the answer is brought to the attention of the deputies by the chairperson of the meeting of the Council.
10.5. Report
10.5.1. The Council of Deputies hears the annual reports of the head of the municipal formation, the head of the local administration on the results of their activities, the activities of the local administration and other local self-government bodies subordinate to the head of the municipal formation, including on the resolution of issues raised by the representative body of the municipal formation
10.5.2. The commission or a group of deputies of the Council in the amount of at least 3 people may propose to the Council to take a decision on hearing the extraordinary report of the persons indicated in the previous paragraph.
10.5.3. Based on the results of a regular or extraordinary report, the Council makes a decision.
10.6. Control over the implementation of decisions made by the Council.
10.6.1. The decisions made by the Council are subject to control.
10.6.2. The period for reporting on control and the Council or the person authorized to exercise control is determined either in the decision subject to control itself or in another decision of the Council.
10.6.3. After hearing a report on the progress of the implementation of the decision, the Council has the right to:
- remove the decision from control as completed;
- remove from control individual points of the decision as completed;
- to extend control powers; assign control powers to another person or the Council;
- cancel the decision;
- change the decision or supplement it;
- make an additional decision.
10.7. Control over budget execution.
The procedure for monitoring the execution of the budget is determined by the Regulation on the budgetary process in the municipality adopted by the Council.
10.8. Control over the observance of the Council Regulations and responsibility for its violation
10.8.1. Control over the observance of the Rules of the Council and determination of the measure of responsibility for its violation is entrusted to the Chairman of the Council and the standing committees of the Council, which submit proposals for the observance and enforcement of the Rules.
10.8.2. If a deputy of the Council violates the order at a meeting of the Council or a meeting of a commission, the following measures of influence are applied to him:
- a call to order,
- a call to order with entry into the protocol,
- censure.
10.8.3. Only the chairman of the Council or the chairman of a commission or a working group has the right to call to order.
A deputy is called to order if he:
- speaks without the permission of the chairman of the Council or the chairman of the commission,
- allows offensive expressions in speech,
- moves around the room at the time of counting votes.
10.8.4. A deputy who was once called to order at the same meeting is called to order and entered into the minutes.
10.8.5. Reproach is passed by the Council by a majority vote of the number of deputies present at the meeting at the suggestion of the Chairman of the Council and without debate.
The reproach is handed down to the deputy who:
- after being called to order with entering into the minutes, does not fulfill the requirements of the chairman of the Council;
- organized disorder and noisy scenes at the meeting, attempted to paralyze the freedom of discussion and voting;
- insulted the Council or its chairman.
10.8.6. A deputy is exempt from collection if he immediately made a public apology.
10.8.7. The absence of a deputy at meetings of the Council or a commission without good reason more than three times in a row may result in the application of the following measures of influence to him:
1) issuing a public censure to the deputy;
2) communicating through the mass media to the voters of the corresponding electoral district of information about the absence of a deputy at meetings of the Council or its commission;
The decision to bring a deputy to justice is made at a meeting of the Council on the proposal of the chairman of the Council or the chairman of the commission.
7. FINAL PROVISIONS
7.1. Entry of these regulations into force.
These Regulations shall enter into force on the day of the Council meeting following the meeting at which these Regulations were adopted.