V.I. Fadeev. Municipal Deputy as Functionary and Public Officer

Abstract: The article deals with debatable question: is it possible to take criminal or administrative proceedings against municipal deputy as a functionary? Judicial opinion sees the deputy as public officer. The federal law about common principle of municipal organization distinguishes the conceptions of elective public officer and municipal deputy. The author on the basis of federal legislation, regional legislation and judicial practice comes to the conclusion, that in case of taking criminal or administrative proceeding against municipal deputy, he should be seen as public officer, taking into account his representative and authoritative functions on the territory of municipality. In authors opinion the municipal deputy is a public officer, a functionary. The article concerns with reasoning, why it is important to enact the federal law about the status of elective municipal deputy and to make qualitative changes in criminal legislation taking into account the specific of municipal authorities, whose representative the municipal deputy is.

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