Municipal responsibility in Russia and foreign countries
Автор: Mitrokhina Ja. A.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы конституционного и административного права
Статья в выпуске: 1 т.15, 2015 года.
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The article deals with a specific type of municipal liability that is a recall of a deputy, member of an elected local government, elected official of local self-government by the population of municipality, its procedure on the basis of the analysis of federal laws and statutes of individual municipalities is analyzed. Municipal liability and recall procedure are considered in some foreign countries. Particular attention is paid to the shortcomings of the current legislation on the recall and methods of its elimination. On the basis of analysis of legal acts one makes conclusion on the need to improve the existing legislation in the field of regulation and recall procedure. The author concludes that there is a need for a unified mechanism to attract municipal liability in the form of a clear regulatory review by this institution at the federal level with some features provided by municipal entities. Federal Law "On General Principles of Local Self-Government in the Russian Federation" establishes the right of the municipality population to recall a deputy, a member of the elected body of local self-government, an elected official of the local government. The law does not reveal the concept and features of the recall, which causes a variety of approaches to this definition and its essential features in the scientific literature. Feedback can be defined as a kind of negative legal liability, coming in connection with violation of local government elected official legal norms, the consequence of which is the termination of his powers at the request of a certain number of the population of the respective municipality.
Responsibility, deputy, loss of confidence, municipal entity, voters, foreign countries, constitution, imperative mandate, recall, voting on recall, the charter of the municipality
Короткий адрес: https://sciup.org/147149978
IDR: 147149978