Status of a deputy of a representative body of local self-government in Russia: in search of optimal legal regulation

Abstract

The article, based on a comparative legal analysis of legislative and other normative legal acts, as well as on the basis of theoretical research, evaluates the regulation of the status of a local government deputy in the Russian Federation from the legal, technical and functional side. It is concluded that at present the status of a deputy of a representative body is regulated only in fragments, since the federal legislator has assigned the authority to establish it to local governments. The municipal government, due to the unprofessionalism of those involved in rule-making, their lack of knowledge in the field of legal technology and their lack of understanding of the importance of establishing the legal status of a deputy of a representative body, cannot ensure the creation of a high-quality regulatory framework for the activities of deputies of representative bodies. Based on a comparison of legislative acts of the constituent entities of the Federation and municipal acts, primarily, municipalities of the Yaroslavl region and, in connection with the current reform of local self-government, taking into account the formation in Russia of a unified system of public power, it is proposed to establish in federal legislation a norm providing for the vesting powers to consolidate the legal status of deputies, primarily their specific rights and obligations, not only of the municipalities themselves, but also of the subjects of the Federation.