Mind “ an United Russia “ not to understandUstavnyj court yesterday has started a legal investigation “ offended munitsipalov “ — deputies of district “ Kolomna “ which colleagues from ZakSa have reduced the basic powers and financing. Applicants ask to recognise as illegal reduction precedent zemskih powers and their transfer on regional level. Process risks to be tightened: before judges it is necessary to understand a problem logic of acceptance of administrative decisions of the power.
the inquiry to the MOUSTACHE was directed by deputies MO “ Kolomna “ which in March of this year deputies of ZakSa amendments to the law “ About the local government organisation in St.-Petersburg “ have deprived of 14 basic powers and, accordingly, the financing lion`s share. Results of check of Kontrolno - the Audit Chamber which has revealed at munitsipalov numerous financial infringements became a formal occasion of deprivation of the rights.
At the same time applicants have directed inquiry not in the occasion, and “ for that guy “: in 2007 for bad financial administration on the basis of report KSP as have punished two municipalities - “ Sosnovsky “ and “ Parnassus “. As has explained “ “ the representative of the applicant Igor Rulev, deprivation “ Kolomna “ powers will come into force only since January, 1st of next year, accordingly, the fact cannot while to be challenged in court: “ But if judges create precedent, that is recognise that this lever of influence on munitsipalov - deprivation of powers - does not correspond to the city charter it will be easier to bring an action “ by analogy “ and to return powers “ to Kolomna “ “.
we Will remind, a situation with “ otemom the rights “ at “ Kolomna “ became an occasion to political scandal. The matter is that this district initially was one of few strongholds of opposition (all ten members MO were members “ Fair Russia). United Russia party member Terenty Meshcherjakov, and during question consideration in ZakSe " was initiators of deprivation kolomentsev powers; the senior companions “ kolomentsev on party “ Fair Rossiija “ have not stood up for zemtsev that those have apprehended as treachery - and collectively left party.
yesterday`s session of court proceeded more than five hours - record for the last years time. Judges have heard representatives of the parties. The logic of applicants was under construction that, according to the Constitution of the Russian Federation, the municipal authority is separated from state and representatives of last have not the right own forcible decision “ to alter “ powers zemtsev on the basis of own ideas and without assigning any reasons. Really, deputies in the explanatory note to the bill on deprivation munitsipalov the rights in any way did not motivate the actions. In the same has specified, by the way, and legal management of the Chamber of Deputies for which lawyers have appeared the decision bases are not clear. The representative of the city governor Stanislav Smelov does not see in existing practice of infringement of the law. In its opinion, on the guard of challenged norm there is a federal law on the general principles of the organisation of local government in the Russian Federation according to which the subject of federation can independently allocate zemstvoes with powers and deprive of them.
judges during session tried to understand logic of acceptance by the authorities of decisions on volume of powers for munitsipalov: how their quantity depends on, whether head MO with duties or not and on what the rights zemtsev depend consults. Mister Smelov could not name any factor, except financial supervision and “ Logicians of acceptance of administrative decisions the governor “.
Applicants have asked judges to request in that case reports KSP on a number of other municipalities where similar infringements have been found out, suggesting judges to understand, why them have punished, and others MO - are not present.
Following session is appointed in a week, but, according to the parties, process “ understanding of logic of the power “ will long proceed.