The legal Department of the state Duma gave the opinion on resonant bill, which was revised for the second reading allows the regional authorities to liquidate local government in the settlements. The amendments of the Deputy of the Moscow region Mikhail Terentyev (fraction “United Russia”), which reformed local government was introduced for the second reading, therefore, has not received a full discussion, said the Duma lawyers (the text of the opinion of the right of management by reference). According to experts of the lower house, the amendments changed the concept adopted in the first reading of the bill that is contrary to the Constitution.
Passed in the summer of 2015 in the first reading the bill was aimed solely at changing the form of obtaining the consent of the population to change the status of urban district, urban and rural settlements, noted the Duma lawyers. In particular, the consent must be expressed by not voting citizens, and a representative body of municipal formation.
In the text of the bill prepared for the second reading, the provision is “fundamentally changing the notion of such municipalities, as the borough” indicates in conclusion, the head of the legal Department Mikhail Demenkov. The bill provides that the territory of the region delimited between the settlements and urban districts, while under current law the territory of the region only differentiated between the settlements. In addition, it is proposed to introduce a new kind of transformation of the municipality, namely the Union of all settlements entering into municipal area, city district, said in conclusion.
The bill was amended with provisions that had not been the subject of consideration in the first reading, the Duma concluded the lawyers. They refer to the position of the constitutional court according to which the change in the concept of the act could not occur at the stage of making amendments to it. It is necessary that fundamental changes were not the result of random, not related to the discussion, decisions (decision of the constitutional court of the Russian Federation from 14.02.2013 № 4-P).
Despite the criticism of the legal Department and mass protests in the suburbs due to the elimination of local samoupravleniya in the creation of urban districts of the state Duma by the votes of the faction of the ruling party on March 15, Wednesday, passed a bill on second reading. The other factions mostly abstained.
Conclusion the right of management to projects supported by the faction “United Russia”, often contain comments that can’t afford specialized committees, reflecting in their reviews the majority opinion of their members, representing the “United Russia”. In particular, the Duma lawyers have criticized amendments to the law on the constitutional court, granting the court the authority to sanction non-observance of decisions of the ECtHR (the law was signed by the President in December 2015).
Conclusion the right of management are Advisory in nature, and whether they will be taken into account in the consideration of the bill depends on the political will of the majority, said the Deputy from “Fair Russia” Mikhail Emelyanov. “When it is necessary to overwhelm the opposition law really even pay attention to it, and when it is necessary to accept something, no” — he explained.
Improving the quality of lawmaking, which is directed to the numerous initiatives of the state Duma speaker Vyacheslav Volodin, is quietly, said a source in one of the opposition factions. “In the Duma continue to live by the principle “if you can not but really want, you can”” — adds the Deputy from LDPR Sergey Ivanov.