POTENTIAL OF THE CONSTITUTIONAL RIGHT OF CITIZENS TO APPEAL IN IMPROVING THE LEGAL STATUS OF MUNICIPAL DEPUTIES

Abstract

Purpose. Based on the theoretical analysis of the mandate of the deputy of the representative body of the municipal formation, to determine the prospects for the development of the institution of a free deputy mandate, through the use of art. 33 of the Constitution of the Russian Federation the right to appeal. Determine the features of the ratio of the institution of citizens ''appeals to the institution of voters'' orders. Methods. The publication is based on the general scientific dialectical method. Special methods used in the preparation of the publication are: system-structural, formal-legal, logical and comparative-legal. Results. It has been established that without the proper legal regulation, the idea of popular representation and the constitutional norm on the multinational people of the Russian Federation as the only source of power acquires a declarative connotation. The lack of legal regulation of the work of deputies with voters forces a number of municipal entities to revive the institution of voters'' orders, which is characteristic of an imperative deputy mandate. At the municipal level, the institution of voters'' orders exists at the present time. However, the effectiveness of modern "municipal" orders raises doubts, since the duty of their consideration is not ensured by sanctions, and the control over the implementation of the orders is entrusted to the representative bodies themselves. Differences between the term "treatment", contained in the Federal Law "On the Procedure for Consideration of Appeals by Citizens of the Russian Federation" and "Municipal" Voter Sanctions, are concluded in three aspects. First, only special subjects can send out orders: voters; second, to send exclusively during the period of the election campaign and during the term of the convening of the representative body; third, the mandates are approved by the representative bodies of municipal entities (i.e., this body independently determines the priority of the received orders and the terms of their implementation). Scientific novelty. It is proposed to introduce two forms of realization of the right to appeal, in relation to the status of a deputy of the representative body of the municipal formation (in terms of strengthening the relationship of deputies with the population), which can become an alternative to the institutions of voters'' orders and without significant legislative innovations to develop the institution of a deputy''s free mandate. The first is the recognition of voters'' orders as a form of the right to appeal (with the appropriate fixing in Article 3 of the Federal Law "On the Procedure for Considering Applications of Citizens of the Russian Federation." With the possibility of applying administrative responsibility for violating the procedure for considering an appeal under Article 5.59 of the Code of Administrative Offenses. The second is the introduction of a legal institute of feedback on the quality of the activity of a representative of a representative body of a municipal formation. The proposed measures will not only strengthen the control over the activity of deputies of representative bodies of municipal entities, but also discipline candidates for deputies of representative bodies of local self-government who will be compelled to make electoral programs based on their real possibilities.