The procedure for providing premises to deputies. The Constitutional Court of the Russian Federation clarified the procedure for organizing meetings of deputies with voters. Oek Municipality

ADMINISTRATION project

SAMARA REGION

RESOLUTION

On approval of the procedure for providing premises for holding meetings of deputies with voters and determining specially

designated places, a list of premises for holding meetings of deputies with voters

In accordance with the provisions of Article 40 of the Federal Law of 01.01.2001. "On the General Principles of Organizing Local Self-Government in the Russian Federation" (as amended by the Federal Law -FZ "On Amending Certain Legislative Acts in Part of Improving Legislation on Public Events", the administration of the rural settlement of Chapaevsky, Krasnoarmeysky Municipal District, Samara Region

DECIDES:

1. Approve the procedure for providing premises for holding meetings of deputies with voters (Appendix).

2. Determine specially designated places, a list of premises for holding meetings of deputies with voters (Appendix).

3. Publish this resolution in the periodical printed edition of the local authorities of the rural settlement of Chapaevsky of the municipal district of Krasnoarmeisky of the Samara region "Bulletin of the rural settlement of Chapaevsky" and place it on the official website of the administration of the municipal district of Krasnoarmeysky of the Samara region in the telecommunications network "Internet".

Head of a rural settlement

Chapaevsky

m. Krasnoarmeisky

Samara region

Application

Approved by the administration

rural settlement Chapaevsky

municipal district Krasnoarmeisky

Order
provision of premises for holding meetings of deputies with voters

2. The administration of the rural settlement Chapaevsky of the Krasnoarmeysky municipal district of the Samara Region (hereinafter referred to as the administration of the rural settlement) provides non-residential premises, which are in municipal ownership, for the deputy to hold meetings with voters.

The administration of a rural settlement is obliged to ensure equal conditions for all deputies when providing premises for meetings with voters.

3. Non-residential premises are provided for free use on the basis of an order of the administration of the municipality on the basis of a written request (application) of a deputy in the form in accordance with the appendix to this Procedure. A written appeal (application) of a deputy must be sent to the administration of the municipality no later than two weeks before the date of the meeting.

Non-residential premises must be equipped with communication facilities, necessary furniture and office equipment.

4. An application for the allocation of premises is considered by the administration of the rural settlement within three days from the date of submission of the application with the provision of an appropriate response to the applicant.

If the requested premises, specified in paragraph 2 of this Procedure, have already been provided to one deputy, or are involved in holding a cultural or other event, the administration of the rural settlement has no right to refuse to provide the deputy with premises on the same conditions at other times.

5. Ensuring security during meetings is carried out in accordance with the legislation of the Russian Federation.

6. 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 meetings, rallies, demonstrations, marches and pickets.

7. Expenses for the use of non-residential premises by a deputy are carried out from the local budget.

Approximate form

__________________________________

(name of administration) owner, owner of the premises

from ________________________________

(Full name of the deputy)

Application for the provision of premises

for meetings of the deputy with voters

In accordance with clause 5.3. Article 40 of the Federal Law of 01.01.2001 No. "On the general principles of the organization of local self-government in the Russian Federation" I ask you to provide a room at the address: __________________________________________________________________

__________________________________________________________________

(meeting location)

for holding a public event in the form of a meeting, a meeting with voters which is planned on "___" ___________ 20__ in ____________________,

(meeting start time)

duration _____________________________________________.

(duration of meeting)

Approximate number of participants: _______________________________________.

Responsible for holding the event (meeting) ____________________________,

(full name, status)

contact number __________________________________________.

Application date: _________________________

Deputy _____________ __________________

(signature) (signature transcript)

"____" _________ 20__ year

Application

to the decision of the administration

rural settlement Chapaevsky

municipal district Krasnoarmeisky

Samara region dated 01.01.2001 No. _____

List of premises for holding meetings of deputies with voters

List of designated places

provided by the administration of the rural settlement Chapaevsky

for meetings of deputies with voters

1. The site in front of the KFOR building at the address: Chapaevsky settlement, st. Embankment, 27

2. The site near the house number 68 on the street. ozdvizhenka

3. The site near the house No. on the street. Central settlement Novoaleksandrovka

Democracy in Russian continues to improve. On June 18, 2017, a law came into force that equated meetings of deputies with voters to rallies. How can you not meet with the population now? To answer this question, we have carefully studied the four laws that have been amended, and now we are telling you in our traditional Q&A section.

What's New in the Law?

To be precise, in the laws. Changes have been made to the laws on rallies, on the status of State Duma deputies, on regional deputies, and in the law on local governments.

According to the new amendments, in some cases, a deputy of any level will have to notify the executive branch of his intention to hold a meeting with voters. The law raised many questions even at the stage of discussion. What is considered a public event in order to inform voters about their activities? Under what conditions will the premises be provided? Answers to many questions will be given only by law enforcement practice.

Where can a deputy meet with the population?

There are two options for meetings for deputies of the State Duma, regional and municipal levels with voters:

In specially designated places and in the yards of houses. Officially, it sounds like this: "premises, specially designated places, as well as in courtyard areas, provided that their conduct does not entail a disruption in the functioning of life support facilities, transport or social infrastructure, and communications."

In the law on regional and municipal deputies, this wording is supplemented with the words that a meeting with voters should not create "interference with the movement of pedestrians and (or) vehicles or the access of citizens to residential premises or objects of transport or social infrastructure."

In the form of a rally, procession, demonstration or meeting according to the rules for holding these events.

By the way, the law on rallies was supplemented with a wording about the goals of a public event: informing voters about their activities when a deputy (regional and local level) meets with voters. In other words, the meeting of the deputy with voters has now become a public event.

Should such a meeting be arranged?

If a deputy holds a meeting with voters in the form of a meeting or a single picket(carried out by one participant without the use of a prefabricated collapsible structure), then it is not necessary to coordinate.

You don't need to make an appointment at premises, specially designated places, as well as in courtyard areas provided ... (hereinafter from the previous paragraph)".

But if it's public event in order to inform voters about their activities", then regional and local deputies must notify the authorities of its holding for 5-10 days.

For State Duma deputies, holding a public event is equated to holding a rally, demonstration, procession. There are no special conditions for terms in the law on the status of a deputy of the State Duma, which means that the notification rules under the law on rallies apply. Must be notified for 10–15 days. The moment is important, and in some media it is presented inaccurately.

Here's another interesting point: State Duma deputies elected in a single-mandate constituency can meet with voters without notifying the authorities only in their own constituency.

And what are the specially designated places where meetings can be held without agreement?

Designated areas are meeting places that are designated by the authorities.

In order for the law to work in accordance with all the rules, first, changes in the federal law must be spelled out in the regional law. In the Altai Territory, according to the correspondent, this issue will be discussed no earlier than at the August session of the AKZS.

However, the adoption of the procedure for determining places and conditions (the option of determining the fee for using the premises is not excluded) is possible even before the updating of the regional law. It is not yet clear which path they will take in the Altai Territory.

Why did they do all this?

Managed democracy requires strict rules of the game. Especially in relation to the opposition. It is unlikely that deputies from the party in power will suffer especially from these innovations, but it will be more difficult for the opposition.

The official version is as follows: "To maintain public order, ensure the safety of participants in public events and other citizens, the smooth functioning of public transport, other organizations that ensure the normal life of any settlement in the Russian Federation."

On the one hand, before the deputies could use their right to hold events without approval and hold unauthorized rallies. But, on the other hand, there were situations when local authorities prevented objectionable deputies from holding meetings with the population, even if they observed all the formalities.

Can a deputy be refused a meeting?

They can, as they can do it with regard to rallies and pickets.

For obstructing the meeting of deputies with citizens, administrative liability will be introduced. But there are many pitfalls here, and the fact of obstruction still needs to be proven.

A group of deputies of the State Duma asked the judges to study the amendments to the Federal Law “On Meetings, Rallies, Demonstrations, Processions and Picketing”, which came into force this summer. They considered that the requirement to hold meetings with voters in accordance with the legislation of the Russian Federation on meetings, rallies, demonstrations, processions and pickets creates restrictions "for deputies of all levels of their duties to hold meetings with voters." In addition, the need to inform the executive authorities about future meetings violates the constitutional principle of autonomy of power - the legislative branch must obey the decision, that is, the permission of the executive. Thus, more than a dozen provisions of the Constitution of the Russian Federation are violated at once, including Article 31 on guarantees of the right of citizens to assemble peacefully and without weapons.

However, according to the representatives of the authorities who adopted and signed the challenged normative act, there are no violations of the Basic Law of the country in the challenged requirements. The notification procedure for holding a meeting of deputies with voters only makes it possible to ensure the safety of both participants in the event and uninvolved citizens, because officials cannot refuse to hold a meeting. And deputies cannot neglect the requirements established for the harmonization of public and private interests. As for the spontaneous meetings of deputies with voters, they do not fall under the law at all, Mikhail Barshchevsky, a representative of the Russian government, pointed out during public hearings.

The Constitutional Court actually agreed with these arguments. The provisions of 107-FZ of June 7, 2017 were recognized as not contradicting the Constitution of the Russian Federation, but they need clarification, the judges considered. At the same time, as Judge Mykola Bondar explained, the interpretations were given in the order of abstract normative control, since the lack of law enforcement practice still prevents an exhaustive interpretation.

The simplest question is about the division of power. The Constitutional Court indicated that meetings of deputies with voters are held in a notification procedure. You can only regulate the time and place of such a meeting, and then if there are serious arguments. “Only alternative options, but no prohibitions,” Bondar explained. At the same time, a place for holding meetings is provided to deputies of all levels without regard to fees in the order of priority, that is, without taking into account the level of a deputy and belonging to a particular party. This instruction should ensure "observance of the constitutionally justified rights of the opposition."

The Constitutional Court also pointed out that the Constitution of the Russian Federation does not directly regulate the procedure for holding meetings of deputies with voters, which gives the federal legislator broad powers to establish such a procedure. Within the framework of these powers, several types of public events are defined, which differ in the conditions for holding them. For example, a meeting, which is “the presence of citizens in a place specially designated or adapted for this purpose for a collective discussion of any socially significant issues,” does not require prior notification.

The legislation on public events does not apply to all meetings of deputies with voters, but only to those held in the form of rallies, Nikolai Bondar explained. - If a deputy considers it expedient to hold a meeting in this form, then general requirements apply to him as the organizer of the rally.

The most difficult moment in such cases is to distinguish between forms. The law defines a rally as "the mass presence of citizens in a certain place for the public expression of public opinion on topical problems of a predominantly socio-political nature." And if the meeting develops into a rally, then theoretically the deputy is obliged to suspend it, submit a notification and resume after fulfilling all the requirements of the law. And how it will be in reality, the future will show. According to Mykola Bondar, the requalification of parliamentary meetings is possible even in court.

Based on this practice, in the future, the legislation on holding meetings of deputies with voters may continue to change. The decision of the Constitutional Court of the Russian Federation explicitly states that “the legislator has the right to further improve the procedure for holding meetings of deputies with voters, including from the point of view of the limits of application of the legislation on public events to such meetings.”

ADVICE
NOVOMARIINSKY RURAL SETTLEMENT
Pervomaisky district of the Tomsk region

SOLUTION
With. Novomariyinka
date no._

On determining the list of specially designated places and premises provided for holding meetings of deputies with voters and approving the procedure for their provision

In accordance with Federal Law No. 131-FZ of October 6, 2003 “On the General Principles of Organization of Local Self-Government in the Russian Federation”, in order to implement Federal Law No. 107-FZ of June 7, 2017 “On Amendments to Certain Legislative Acts of the Russian Federation” in terms of improving legislation on public events, Art. 43 of the Law of the Tomsk Region dated February 14, 2005 No. 29-OZ “On Municipal Elections in the Tomsk Region”, guided by the Charter of the municipal formation Novomariinsky rural settlement,

The council of the Novomariinsky rural settlement decided:

1. Determine the list of specially designated places for holding meetings of deputies with voters in accordance with Appendix No. 1.
2. Determine the list of premises provided for holding meetings of deputies with voters in accordance with Appendix No. 2.
3. Approve the procedure for providing premises for holding meetings of deputies with voters for the purpose of holding promotional public events in accordance with Appendix No. 3.
4. Publish this decision in the newspaper "Zavety Ilyich" and place it on the official website of the Novomariinsky rural settlement in the information and telecommunication network "Internet" at www.site.
5. This decision shall enter into force five days after its official publication.
6. I reserve control over the execution of this decision.

Head of the settlement S.L. Chigazhov

Application No. 1

dated ______2017 No. ___

Scroll
places for meetings of deputies with voters

1) The site near the monument to the wars of the Great Patriotic War in the village. Novomariinka;
2) The site near the building of the House of Culture in the village of Tuendat;
3) The site near the building of the House of Culture in the village of Orekhovo.

Application No. 2
to the decision of the Council of the Novomariinsky rural settlement
dated ______2017 No. ___

Scroll
premises for holding meetings of deputies with voters

1) The premises of the Administration of the municipality Novomariinsky rural settlement at the address Tomsk region, Pervomaisky district, s. Novomariinka, st. Central, 42.

Application No. 3
to the decision of the Council of the Novomariinsky rural settlement
dated ______2017 No. ___

The procedure for providing premises for holding meetings of deputies with voters for the purpose of holding public events

1. The procedure for providing premises for holding meetings of deputies with voters (hereinafter referred to as the Procedure), determines the conditions for providing specially designated places for holding public events in the form of meetings of deputies of various levels with voters in accordance with Part 5.3. article 40 of the Federal Law of 06.10.2003. No. 131-FZ "On the general principles of the organization of local self-government in the Russian Federation".
2. The administration of the Novomariinsky rural settlement (hereinafter referred to as the administration) provides non-residential premises, which are in municipal ownership, for the deputy to hold meetings with voters.
3. Non-residential premises are provided for free use on the basis of an order from the administration after receipt of a written request (application) from a deputy (hereinafter referred to as the application) in the form in accordance with the appendix to this Procedure. A written appeal (statement) of a deputy must be sent to the administration no later than 10 days before the date of the meeting.
Non-residential premises must be equipped with communication facilities, necessary furniture and office equipment.
4. The application on the day of its receipt by the administration is registered by the manager of affairs in the Journal of incoming correspondence, sent for consideration to the Head of Administration.
Within three days from the date of filing the application, a decision is made on it, which is drawn up in the form of an order of the Head of Administration.
4. Expenses for the use of non-residential premises by a deputy shall be made from the funds of the local budget.

Annex 1
to the Procedure for providing premises for holding meetings of deputies with voters for the purpose of holding public events

Approximate form
_____________________________
_____________________________
(name of administration) owner, owner of the premises
from _____________________________
(Full name of the deputy)

Application for the provision of premises
for meetings of the deputy with voters

In accordance with clause 5.3. article 40 of the Federal Law of 06.10.2003. No. 131-FZ "On the general principles of the organization of local self-government in the Russian Federation" I ask you to provide premises at the address: __________________________________________________________________
__________________________________________________________________
(meeting location)
for holding a public event in the form of a meeting, a meeting with voters which is planned on "___" ___________ 20__ in ____________________,
(meeting start time)
duration _____________________________________________.
(duration of meeting)
Approximate number of participants: _______________________________________.
Responsible for holding the event (meeting) ____________________________,
(full name, status)
contact number __________________________________________.
Application date: _________________________