FEDERAL LAW OF THE RUSSIAN FEDERATION

of February 5, 2018 No. 12-FZ

About introduction of amendments to the Federal law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation"

Accepted by the State Duma on January 24, 2018

Approved by the Federation Council on January 31, 2018

Article 1

Bring in the Federal Law of October 6, 1999 No. 184-FZ "About the general principles of the organization of legislative (representative) and executive bodies of the government of subjects of the Russian Federation" (The Russian Federation Code, 1999, No. 42, Art. 5005; 2003, No. 27, Art. 2709; 2005, No. 1, Art. 17, 25; 2006, No. 1, Art. 10; No. 23, Art. 2380; No. 30, Art. 3287; No. 31, Art. 3452; No. 44, Art. 4537; No. 50, Art. 5279; 2007, No. 1, Art. 21; No. 13, Art. 1464; No. 21, Art. 2455; No. 30, Art. 3747, 3805, 3808; No. 43, Art. 5084; No. 46, Art. 5553, 5556; 2008, No. 29, Art. 3418; No. 30, Art. 3597, 3613, 3616; No. 48, Art. 5516; No. 52, Art. 6236; 2009, No. 48, Art. 5711; No. 51, Art. 6163; 2010, No. 15, Art. 1736; No. 31, Art. 4160; No. 40, Art. 4969; No. 41, Art. 5190; No. 46, Art. 5918; No. 47, Art. 6030, 6031; No. 49, Art. 6409; No. 52, Art. 6984; 2011, No. 17, Art. 2310; No. 27, Art. 3881; No. 29, Art. 4283; No. 30, Art. 4572, 4590, 4594; No. 48, Art. 6727, 6732; No. 49, Art. 7039, 7042; No. 50, Art. 7359; 2012, No. 10, Art. 1158, 1163; No. 18, Art. 2126; No. 31, Art. 4326; No. 50, Art. 6957, 6967; No. 53, Art. 7596; 2013, No. 14, Art. 1663; No. 19, Art. 2331; No. 23, Art. 2875, 2876, 2878; No. 27, Art. 3470, 3477; No. 40, Art. 5034; No. 43, Art. 5454; No. 48, Art. 6165; No. 51, Art. 6679, 6691; No. 52, Art. 6981, 7010; 2014, No. 11, Art. 1093, 1094; No. 14, Art. 1562; No. 22, Art. 2770; No. 26, Art. 3371; No. 30, Art. 4256, 4257; No. 42, Art. 5615; No. 43, Art. 5799; No. 45, Art. 6138; 2015, No. 1, Art. 11, 72; No. 13, Art. 1807, 1808; No. 27, Art. 3947; No. 29, Art. 4359; No. 41, Art. 5628; 2016, No. 23, Art. 3283; No. 26, Art. 3866; No. 27, Art. 4222, 4231; 2017, No. 1, Art. 6; No. 31, Art. 4765, 4828; No. 45, Art. 6573; No. 50, Art. 7563; 2018, No. 1, Art. 26, 27, 87) following changes:

Article 26.1 to add 1) with Item 4.1 of the following content:

"4.1. If according to the Federal Law of power of federal bodies of the government pass to public authorities of subjects of the Russian Federation, the legal acts adopted by executive bodies of RSFSR and also legal acts of federal executive bodies which powers on acceptance passed to public authorities of subjects of the Russian Federation are effective in the part which is not contradicting the legislation of the Russian Federation before acceptance of subjects of the Russian Federation by public authorities and entry into force of legal acts of the subjects of the Russian Federation regulating the corresponding legal relationship. From the date of entry into force of legal acts of the subjects of the Russian Federation regulating the corresponding legal relationship earlier adopted legal acts of executive bodies of RSFSR, federal executive bodies which settle the specified legal relationship are not applied.

If according to the Federal Law of power of public authorities of subjects of the Russian Federation pass to federal bodies of the government, the legal acts adopted by regional, regional, city (cities of republican subordination) Councils of People's Deputies or their executive committees, regional, regional, city (federal cities) administrations, and also the legal acts adopted by public authorities of subjects of the Russian Federation which powers on acceptance passed to federal bodies of the government are effective in the part which is not contradicting the legislation of the Russian Federation before acceptance by federal bodies of the government and entry into force of the legal acts of the Russian Federation regulating the corresponding legal relationship. From the date of entry into force of the legal acts of the Russian Federation regulating the corresponding legal relationship earlier adopted legal acts of regional, regional, city (cities of republican subordination) Councils of People's Deputies or their executive committees, regional, regional, city (federal cities) administrations, public authorities of subjects of the Russian Federation which settle the specified legal relationship are not applied.";

2) in Article 26.3:

a) in Item 7:

the ninth to state the paragraph in the following edition:

"procedure for withdrawal of delegated powers at public authorities of the subject of the Russian Federation in case of non-execution or improper execution of the subject of the Russian Federation of delegated powers by public authorities;";

add with the new paragraph the tenth the following content:

"the rights and obligations of heads of federal executive bodies on control of implementation of the subject of the Russian Federation of delegated powers by public authorities, including:";

the tenth - the fifteenth to consider paragraphs respectively paragraphs the eleventh - the sixteenth;

the sixteenth to consider the paragraph the paragraph the seventeenth and in it "fifteenth" to replace the word with the word "sixteenth";

the seventeenth - the twenty first to consider paragraphs respectively paragraphs the eighteenth - the twenty second;

b) in Item 7.1:

word in paragraph five "the eighth - the eleventh" shall be replaced with words "the eighth - the twelfth";

in paragraph six word "twelfth, fourteenth and fifteenth" shall be replaced with words "thirteenth, fifteenth and sixteenth";

in paragraph seven word "sixteenth, seventeenth and twentieth" shall be replaced with words "seventeenth, eighteenth and twenty first";

c) add with Item 7.2 of the following content:

"7.2. Powers of the Russian Federation on areas of jurisdiction of the Russian Federation and (or) power of the Russian Federation in objects of joint maintaining the Russian Federation and the subjects of the Russian Federation transferred for implementation to public authorities of subjects of the Russian Federation according to the Federal Laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation (further - delegated powers), in addition to the cases specified in paragraph nine of Item 7 of this Article can be withdrawn from public authorities of certain subjects of the Russian Federation in the following cases:

if implementation of delegated powers federal executive bodies in the territories of appropriate subjects of the Russian Federation is necessary for implementation of actions on ensuring defense of the country and safety of the state;

if delegated powers cannot be performed by public authorities of subjects of the Russian Federation in connection with natural disaster, with catastrophic crash or other emergency situation;

if implementation of delegated powers federal executive bodies is necessary for realization of the international or national actions and ensuring interaction and coordination of activities of federal executive bodies and (or) executive bodies of subjects of the Russian Federation;

if in the territories of appropriate subjects of the Russian Federation federal executive bodies (their territorial authorities, subordinated federal state institutions) perform powers, similar on content, and withdrawal of delegated powers will allow to provide expense reduction of the federal budget and (or) budgets of appropriate subjects of the Russian Federation on financing of implementation of such powers.";

d) add with Item 7.3 of the following content:

"7.3. Withdrawal at public authorities of certain subjects of the Russian Federation of delegated powers in the established field of activity:

federal executive body which management of activities is performed by the President of the Russian Federation is performed by regulatory legal act of the President of the Russian Federation;

federal executive body which management of activities is performed by the Government of the Russian Federation is performed by regulatory legal act of the Government of the Russian Federation.

Withdrawal of delegated powers in cases, the specified in paragraphs nine of Item 7 and paragraphs the second - the fourth Item 7.2 of this Article, is performed in the presence of representation (offer) of the federal executive body authorized according to the paragraph the fifth Item 7 or the paragraph the fifth Item 7.1 of this Article.

Withdrawal of delegated powers in cases, the specified in paragraphs three and the fourth Item 7.2 of this Article, is also performed based on the motivated address of the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation).

Withdrawal of delegated powers in case, the specified in paragraph five of Item 7.2 of this Article, is performed based on the joint appeal of the head of the corresponding federal executive body and the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation).

Representation (offer) of federal executive body, the motivated address of the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation), the joint appeal of the head of federal executive body and the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) specified respectively in paragraphs four - pole of this Item, are considered within one month from the date of their receipt to the President of the Russian Federation or the Government of the Russian Federation.

In cases, the specified in paragraphs nine of Item 7 and paragraphs the second - the fourth Item 7.2 of this Article, withdrawal of delegated powers is performed for the term necessary respectively for elimination of the allowed violations during the implementing of subjects of the Russian Federation of delegated powers by public authorities (renewal of possibility of their proper implementation), liquidation of emergency situations and their effects, the solution of the tasks specified in paragraphs the second and fourth Item 7.2 of this Article, but no more than for two years.

The withdrawn powers are performed by federal executive body in which established field of activity the withdrawn powers are delegated, or federal state institution subordinated to it if implementation by it of the specified powers is allowed by the Federal Law, or Federal Compulsory Health Insurance Fund and (or) territorial fund of compulsory medical insurance according to the decision of Federal Compulsory Health Insurance Fund.

If financial provision of implementation of delegated powers was provided by provision of subventions from the federal budget or the budget of Federal Compulsory Health Insurance Fund, withdrawal of delegated powers in the current financial year attracts from the date of entry into force of the decision on withdrawal of powers the termination of provision of such subventions to the relevant budgets of subjects of the Russian Federation, budgets of territorial funds of compulsory medical insurance and return of their unused balances in a month respectively in the federal budget or the budget of Federal Compulsory Health Insurance Fund for the purpose of financial provision of implementation of the withdrawn powers.

From the date of entry into force of the decision on withdrawal of powers stay in property of appropriate subject of the Russian Federation of the property necessary for ensuring implementation of delegated powers, is not allowed. The specified property is subject to voluntary conveyance in federal property in the procedure established by the Federal Law.

Implementation by local government bodies according to the law of the subject of the Russian Federation of delegated powers in the cases specified in the paragraph the twenty second Item 7 and the paragraph the eighth Item 7.1 of this Article stops from the date of entry into force of regulatory legal act of the President of the Russian Federation or regulatory legal act of the Government of the Russian Federation about withdrawal of appropriate authority.";

3) paragraph one of Item 2 of Article 26.8 after the words "procedure for their financing" to add with the words "procedure of control of implementation of part of powers";

4) the subitem "v" of Item 1 and item 4 of Article 26.9 to recognize invalid;

5) in Article 29.2:

a) add with Item 7.1 of the following content:

"7.1. The procedure of control of efficiency and quality of implementation by public authorities of subjects of the Russian Federation of the delegated powers, including within carrying out provided by this Article of scheduled and unscheduled inspections of activities of public authorities of subjects of the Russian Federation and officials of public authorities of subjects of the Russian Federation is established by the Federal Laws specified in Item 7 of article 26.3 of this Federal Law.";

b) the paragraph one of Item 8 after words "Federal Laws" to add with words ", the devolution agreements to subjects of the Russian Federation of implementation of part of powers of federal executive bodies signed according to article 26.8 of this Federal Law".

Article 2

Item 17 (regarding the subitem "v" of Item 1 and item 4 of Article 26. 9) article 1 of the Federal Law of July 4, 2003 No. 95-FZ "About modification and amendments in the Federal Law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" (The Russian Federation Code, 2003, No. 27, the Art. 2709) to declare invalid.

Article 3

1. The Federal Laws providing transfer of separate powers of the Russian Federation on areas of jurisdiction of the Russian Federation, and also powers of the Russian Federation in objects of joint maintaining the Russian Federation and subjects of the Russian Federation for implementation to public authorities of subjects of the Russian Federation are subject to reduction in compliance with the Federal Law of October 6, 1999 No. 184-FZ "About the general principles of the organization of legislative (representative) and executive bodies of the government of subjects of the Russian Federation" (in edition of this Federal Law) till June 1, 2020.

2. Before reduction of the Federal Laws specified regarding 1 this Article in compliance with the Federal Law of October 6, 1999 No. 184-FZ "About the general principles of the organization of legislative (representative) and executive bodies of the government of subjects of the Russian Federation" (in edition of this Federal Law) procedure of control of efficiency and quality of implementation by public authorities of subjects of the Russian Federation of the powers of the Russian Federation delegated to them for implementation on areas of jurisdiction of the Russian Federation, and also powers of the Russian Federation in objects of joint maintaining the Russian Federation and subjects of the Russian Federation, including within carrying out scheduled and unscheduled inspections of activities of public authorities of subjects of the Russian Federation and officials of public authorities of subjects of the Russian Federation, it is established by regulatory legal acts of the federal executive bodies performing functions on development and realization of state policy and normative legal regulation in the field of the specified powers according to rules which are established by the Government of the Russian Federation.

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