New in the legislation on local self-government
On July 1, 2021, Federal Law No. 116-FZ of the Russian Federation dated April 30, 2021 "On Amendments to Certain Legislative Acts of the Russian Federation" (hereinafter referred to as Federal Law No. 116 – FZ) entered into force.
Paragraph 8 of Part 6 of Article 36, paragraph 9 of Part 10 of Article 37, paragraph 7 of Part 10 of Article 40 of Federal Law No. 131-FZ of October 6, 2003 "On General Principles of the Organization of Local Self-Government in the Russian Federation" (hereinafter – Federal Law No. 131-FZ) were amended to clarify one of the grounds for early termination of the powers of officials of local self-government bodies. In accordance with Federal Law No. 116-FZ, termination of citizenship of the Russian Federation or citizenship of a foreign state - a participant in an international treaty of the Russian Federation, according to which a foreign citizen has the right to be elected to local self-government bodies, the presence of citizenship (citizenship) of a foreign state or a residence permit or other document confirming the right to permanent residence in the territory of a foreign state of a citizen of the Russian Federation or a foreign citizen who has the right on the basis of an international treaty of the Russian Federation to be elected to local self-government bodies, unless otherwise provided by an international treaty of the Russian Federation, it is the basis for early termination of the powers of the head of a municipal formation, the head of a local administration, a deputy, a member of an elected local self-government body, an elected official of local self-government.
In addition, from July 1, 2021, the head of the local administration, exercising his powers on the basis of a contract, is obliged to inform the head of the municipality in writing about the termination of citizenship of the Russian Federation or citizenship of a foreign state - a participant in an international treaty of the Russian Federation, according to which a foreign citizen has the right to be elected to local self-government bodies, or acquiring citizenship (citizenship) of a foreign state or obtaining a residence permit or other document confirming the right to permanent residence on the territory of a foreign state of a citizen of the Russian Federation or a foreign citizen who has the right to be elected to local self-government bodies on the basis of an international treaty of the Russian Federation, on the day when he became aware of this, but not later than five working days from the date of termination of citizenship of the Russian Federation or citizenship of a foreign state or acquisition of citizenship (citizenship) of a foreign state or receipt of a residence permit or other document provided for in paragraph 4 of part 6.1 of Article 37 of Federal Law No. 131-FZ.
The adoption of Federal Law No. 116-FZ will require making appropriate changes to the charters of urban and rural settlements, municipal districts, and urban districts.
Federal Law No. 116-FZ is published on the Official Internet Portal of Legal Information (http://pravo.gov.ru) on April 30, 2021.