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. —
Openness and Accessibility of Municipal Acts in Canada and England
// Administrative and municipal law. – 2018. – ¹ 4.
– P. 8 - 17.
DOI: 10.7256/2454-0595.2018.4.26568
URL: https://en.e-notabene.ru/ammag/article_26568.html
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Abstract: The subject of the research is the official websites of municipal units in England and Canada and particular features of posting municipal acts there. The research involved methods of continuous and sampling observation depending on different criteria: title of the website sector that contains municipal acts, location of a sector containing municipal acts on a municipal unit's website, methods of displaying acts in a sector, search box for quick search inside a sector, quantity of located acts, date of the first and last acts, and others. The author has applied the dialectical method as well as the system structure, formal law and other methods of research. The results of monitoring of openness and accessibility of municipal acts on official sites of England and Canada demonstrate that in Canada the majority of municipal acts is demonstrated on official sites of municipal units. At the same time, all municipal units, especially within one province, lack the single method of act location. Unlike Canada, the majority of official sites of municipal units in England do not post municipal acts at all. Despite the fact that openness and accessibility of information about activity of state and municipal authorities is quite a nettlesome issue today, especially for the global society, in reality most of the questions that relate to openness and accessibility of municipal units remain unregulated.