On the Issue of the Limits of Discretion of the Deputies in Assessing the Annual Report of the Head of the Municipality
Abstract
The article is devoted to the issue of the limits of discretion of the deputies of the local representative authority in assessing the annual report of the head of the municipality. The author reviews the key issues related to substantive and procedural points of the existing way of assessing the annual report of the head of the municipality by local deputies of the representative authority. Based on the analysis of the theoretical approaches to the discretion of elected representatives of the people, as well as on the study of the practical aspects of the implementation of the procedures for reviewing and evaluating the report of the head of the municipality, directions for improvement of the theoretical construction and legal framework establishing the key aspects of the modern mechanism of evaluation of report of the head of the municipality have been proposed, and a set of legal measures aimed at reducing the possibility of arbitrary decisions of the deputies of the local representative authority in assessing the annual report of the head of the municipality, based solely on their subjective discretion, has been formulated.
References
[2] Artyukhov, Yu.S. 2011. Udalenie glavy munitsipalnogo obrazovaniya v otstavku (zakonodatelnaya konstruktsiya, problemy kvalifikatsii) [Retirement of the Head of Municipal Settlement (Legislative Design, Problems of Qualification)]. Munitsipalnaya sluzhba: pravovye voprosy, 4, 2-5
[3] Hegel, G.V.F. 1998. Mera [Measure]. In Nauka logiki [The Science of Logic]. Moscow: Mysl'
[4] Lightbody, J. 2006. City Politics, Canada. Peterborough, ON: Broadview Press.
[5] Litvinov, V.A. 2013. Informatsionnye tekhnologii v yuridicheskoi deyatelnosti [Information Technologies in Legal Activities]. St. Petersburg: Piter.
[6] MacLean, M.V., and Tomlison, J.R. 2008. A User's Guide to Municipal By-laws (2nd ed.). Markham, ON: Lexis Nexis.
[7] Mnenie sudi KS RF Kokotova A.N. na Opredelenie Konstitutsionnogo Suda RF ot 16.07.2013 No. 1241-O [Opinion of Judge of Constitutional Court of the Russian Federation Kokotova A.N. on the Decision of the Constitutional Court of the Russian Federation dated July 16, 2013 No. 1241-O]. 2013.
[8] Pylin, V.V. 2010. Nekotorye problemy otvetstvennosti pered naseleniem i predstavitelnym organom v munitsipalnykh obrazovaniyakh [Some Problems of Responsibility Before the People and Representative Authority in Municipalities]. Munitsipalnaya sluzhba: pravovye voprosy, 3, 2-6
[9] Shugrina, E.S. 2011. Pochemu mekhanizm udaleniya glav munitsipalnykh obrazovanii v otstavku privodit k sushchestvennym narusheniyam prav na mestnoe samoupravlenie [Why the Mechanism of Retirement of Heads of Municipalities Leads to Significant Violations of the Rights to Local Self-Government]. Gosudarstvennaya vlast i mestnoe samoupravlenie, 5, 7-14
[10] Solovev, S.G., Chetvergova, A.V. 2011. Udalenie v otstavku glavy munitsipalnogo obrazovaniya [Retirement of Heads of Municipality]. Zakonnost, 11, 65-68
[11] Zakharov, A.A. 2010. Predely ogranichenii prava mestnykh soobshchestv na samoupravlenie [Limits of the Right of Local Communities to Self-Government]. Rossiyskii yuridicheskii zhurnal, 1, 179-184
[12] Zaklyuchenie Evropeiskogo kluba ekspertov mestnogo samoupravleniya na proekt Federalnogo zakona No. 155656-5 ‘O vnesenii izmenenii v Federalnyi zakon ‘Ob obshchikh printsipakh organizatsii mestnogo samoupravleniya v RF’ [The Opinion of the European Club of Experts of Local Self-Government on the Draft Federal Law No. 155656-5 ‘On Amendments to the Federal Law on General Principles of Organization of Local Self-Government in the Russian Federation’]. 2009. Mestnoe samoupravlenie, 4.
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