Sukhareva K.S. —
Topical issues of early termination of powers of deputies of representative bodies of municipalities for non-compliance with anti-corruption legislation
// Legal Studies. – 2024. – ¹ 3.
– P. 127 - 141.
DOI: 10.25136/2409-7136.2024.3.70140
URL: https://en.e-notabene.ru/lr/article_70140.html
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Abstract: The early termination of the powers of deputies of representative bodies of municipalities as a measure of anti-corruption security has a high preventive potential. However, law enforcement practice indicates that deputies of representative bodies of municipalities abuse their rights, which is expressed, in particular, in avoiding the application of a measure of early termination of powers in relation to deputies who violated anti-corruption legislation. The current situation is largely determined by the consolidation in legislation of the exclusive competence of the representative body of the municipality to make a decision on the early termination of the powers of a deputy. There are often cases when, if there are grounds for early termination of the powers of a deputy due to a clear violation of the provisions of anti-corruption legislation, a representative body applies a less severe measure of responsibility or does not apply any measures at all. During the research, the author used the general scientific method of dialectical cognition, as well as private scientific methods: system-structural, formal-logical (deduction, induction), etc. According to the results of the study, the author came to the conclusion that one of the ways to solve the current situation is the legislative consolidation of the early termination of powers of a deputy of a representative body of a municipal formation in court. The Judicial Board for Administrative Cases of the Supreme Court of the Russian Federation in one of its rulings pointed to the possibility of early termination of the deputy's powers in court. At the same time, the question remains open about the need for a subsequent decision on the early termination of the powers of a deputy by a representative body, by virtue of the exclusive competence assigned to it by law, if the powers of a deputy were terminated prematurely by a court. The legislative consolidation of the measure in question in court will resolve existing issues about "judicial activism" and increase the effectiveness of its application.
Sukhareva K. —
The key characteristics of corruption among the representative bodies of municipalities: criminological aspect
// Law and Politics. – 2021. – ¹ 9.
– P. 102 - 117.
DOI: 10.7256/2454-0706.2021.9.36380
URL: https://en.e-notabene.ru/lpmag/article_36380.html
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Abstract: The object of this research is corruption among the representative bodies of municipalities as a separate significant phenomenon from the perspective of criminology. The subject of this research is the norms of international and Russian legislation that regulate the legal status of the representative bodies of municipalities in the Russian Federation, as well as scientific work of the experts in criminology, constitutional, municipal and criminal law, which allow disclosing the key characteristics of corruption among the representative bodies of municipalities. The goal of this article lies in formation of holistic view of corruption among the representative bodies of municipalities. The task is set to examine and analyze the legislation and scientific literature on the activity of the representative bodies of municipalities and their members (deputies), determine the key attributes of corruption among the representative bodies of municipalities, as well as establish this negative sociopolitical and legal phenomenon. The scientific novelty consists in studying the peculiarities of corruption among the representative bodies of municipalities, describing the key characteristic features of this phenomenon (sphere of existence, constituencies, scope of objectives), and giving the working definition to the concept of corruption among the representative bodies of municipalities. The acquired results lead to the conclusion that corruption in the representative bodies of municipalities is a complex and multifaceted phenomenon that negatively impacts the activity of a particular municipality, as well as the system of local administration overall.