Modern problems of responsibility heads of the municipality

MODERN PROBLEMS OF RESPONSIBILITY HEADS OF THE MUNICIPALITY

At the present stage of social development, rather increased requirements are imposed on local self-government. The fact is that it is local self-government that has a special role in the general mechanism of managing socio-cultural and economic construction in municipalities.

The general system of public power directly follows from the principle of democracy (Part 1 of Article 3 of the Constitution of the Russian Federation), which determines the nature of the relationship between state and municipal authorities. Despite the reform of the legislation on local self-government, currently there are a number of problems in the practice of applying the rules of law on the responsibility of heads of municipalities.

The head of the municipality is the only local government body, and on the other hand, the highest official. The absence of control mechanisms, including constitutional and municipal responsibility of bodies and officials of local self-government, is necessary to consolidate the system of responsibility of public authorities on another.

The responsibility of the head of the municipality to the state is established in the form of dismissal from office. In addition, for the head of the municipality, responsibility in the form of retirement is also provided. Also, the heads of the municipal district, the heads of the municipal district, the heads of the city district are also responsible to the President of the Russian Federation and terminate their powers ahead of schedule due to the loss of confidence of the President of the Russian Federation.

The most controversial is the recognition as an act incompatible with the position of the head of the municipality, the commission of an immoral act in connection with its implicit illegality. Modern legislation establishes three variants of antisocial acts incompatible with the position: a crime, another offense (mainly of an administrative order), an immoral act.

The commission of a crime is a fundamental type of prohibited antisocial act. Indeed, a person who has committed a serious immoral act should not hold a position in the authorities. In this connection, it is necessary to fix at the legislative level the definition of specific actions (inaction), heads of municipalities as the basis for recognizing behavior as immoral.

Analyzing the modern legislation on local self-government, it can be concluded that the responsibility of the head of the municipality to the state prevails over the responsibility to the population.

Thus, the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" establishes a norm according to which the head of a municipality can be recalled by the population based on the results of voting, but the law does not contain a specific procedure for such a recall and a list of reasons for which the head of a municipality leaves his post ahead of schedule on this basis. Consequently, it is necessary to legislate the procedural issues of the onset and implementation of the responsibility of the heads of municipalities.