New in legislation about local self-government

On 5th of December 2017 Federal Law №380-LZ of 5December, 2017 "On amendments to article 36 of the Federal Law" “On general principles of organization of local self-government in the Russian Federation "and the Code of administrative proceedings of the Russian Federation" (next - the Federal Law ).

Amendments to Federal Law № 131-FL of 6 October 2003 "On general principles of organization of local self-government in the Russian Federation" are aimed at providing guarantees for judicial protection of the rights of the head of a municipal formation not only in case of early termination of his powers on the basis of a decision of the representative body municipal formation on the removal of his resignation, but also on the basis of a legal act of the highest official of the subject of the Russian Federation.

In the event that the head of a municipality whose powers are terminated prematurely on the basis of a legal act of the President of the Republic of Tatarstan on the removal of the head of the municipal formation from his post or on the basis of a decision of the representative body of the municipality on the removal of the head of the municipality, he will appeal this legal act or decision in a judicial the representative body of the municipal formation shall not be entitled to take a decision on the election of the head of a municipal formation, the representative body of the municipal formation from among its members or from the number of candidates submitted by the tender commission following the results of the tender, before the court decision comes into legal force.

Corresponding changes were also made to the Code of administrative proceedings of the Russian Federation regarding the establishment of shortened periods for the handling of an administrative claim to the court to challenge the act on the dismissal of the head of a municipal formation, the court's consideration of this administrative matter, and the filing and consideration of an appeal