About the State of Legislation Report Omsk region in 2014

Having considered the information contained in the Report on the state of legislation of the Omsk region in 2014, the Legislative Assembly of the Omsk region RESOLVES:

Application

to the resolution

Legislative Assembly

Omsk region

dated January 27, 2015 No. 24

Report

about the state of legislation of the Omsk region in 2014

The report on the state of legislation of the Omsk region in 2014 (hereinafter referred to as the Report) was prepared in accordance with the decision of the Presidium of the Council of Legislators of the Russian Federation at the Federal Assembly of the Russian Federation dated February 4, 2014 "On preparation of the Report on the state of Russian legislation in 2014."

The report is one of the conditions for ensuring the completeness of regional legislation, its consistency and progressive updating in accordance with the current political and socio-economic objectives of the country's development.

The information contained in the Report should help identify trends in the development of legislation, increase the efficiency of the legislative process and the stability of legislative regulation.

As of December 31, 2014, 168 basic laws of the Omsk region have been adopted and are in force.

Subjects of the right of legislative initiative submitted 129 draft laws of the Omsk region to the Legislative Assembly of the Omsk Region (hereinafter referred to as the Legislative Assembly), including:

Governor of the Omsk Region and the Government of the Omsk Region -

75,

committees of the Legislative Assembly - 41, of which 10 are jointly with the prosecutor's office of the Omsk region,

Deputies of the Legislative Assembly – 9,

representative bodies of local government of Omsk

areas – 4.

The distribution of draft laws of the Omsk region submitted to the Legislative Assembly in 2014 by subjects of the right of legislative initiative is shown in diagram 1.

Diagram 1. Distribution of draft laws of the Omsk region introduced

for consideration by the Legislative Assembly in 2014, by subjects of the right of legislative initiative

The distribution of draft laws of the Omsk region that were under consideration in the Legislative Assembly in 2014, according to the areas of activity of the committees of the Legislative Assembly, is shown in diagram 2.

Diagram 2. Distribution of draft laws of the Omsk region, considered at meetings of the Legislative Assembly, by area of ​​activity

Committees of the Legislative Assembly

The effectiveness of the legislative process in the fifth convocation (December 2011 - December 2014) is shown in diagram 3.

Diagram 3. Effectiveness of the legislative process in the Omsk region

for December 2011–December 2014

In 2014, the Legislative Assembly adopted 109 laws of the Omsk region. Of these, 13 are basic laws of the Omsk region, 94 - on amendments to the laws of the Omsk region, 1 - on invalidation and amendment of certain laws of the Omsk region, 1 - on the suspension of certain provisions of the law.

The distribution of laws of the Omsk region adopted in 2014 by area of ​​legal regulation is presented in diagram 4.

Diagram 4. Distribution of laws of the Omsk region adopted in 2014 by areas of legal regulation

Section 1. Information on the state of legislation of the Omsk region
in 2014 (by areas of regulated relations)

Electoral legislation

Changes made to the regional electoral legislation in 2014 are related to the harmonization of the laws of the Omsk region with the Federal Law of June 12, 2002 No. 67-FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation”, which was changed 8 times during 2014. In addition, certain legal provisions of the laws were adjusted based on the practice of their application.

Law of the Omsk Region dated March 24, 2014 No. 1618-OZ “On Amendments to the Law of the Omsk Region “On Elections to Local Government Bodies of the Omsk Region” clarifies the use of electoral systems in municipal elections of representative bodies of municipalities of the Omsk Region.
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The procedure for nominating candidates in single-mandate (multi-member) electoral districts during by-elections and the grounds for invalidating voter signatures have been clarified.

Law of the Omsk Region dated June 2, 2014 No. 1635-OZ “On Amendments to Certain Laws of the Omsk Region” clarifies the passive suffrage of citizens of the Russian Federation sentenced to imprisonment for committing serious and especially serious crimes.

The amount of expenses for financing the election campaign of a candidate for elections of local government bodies in rural settlements without opening a special election account has been increased.

The mechanism for transferring vacant deputy mandates to regional groups has been clarified.

Law of the Omsk Region dated October 8, 2014 No. 1668-OZ “On Amendments to Certain Laws of the Omsk Region” clarifies the requirements for documents submitted to election commissions for notification of the nomination and registration of candidates, lists of candidates. The conditions for registration of a candidate, a list of candidates for elections of deputies of the Legislative Assembly, deputies of representative bodies of municipalities of the Omsk region have been established.

The minimum percentage of votes required to admit lists of candidates to the distribution of deputy mandates in the Legislative Assembly has been lowered from 7 to 5 percent of the number of votes of voters who took part in the voting.

The number of voter signatures required to register a candidate, a list of candidates for elections of deputies to the Legislative Assembly, deputies of representative bodies of municipalities of the Omsk region has been established.

The possibility of early voting in elections of deputies of representative bodies of municipalities of the Omsk region is provided.

Law of the Omsk Region dated December 25, 2014 No. 1696-OZ “On Amendments to Certain Laws of the Omsk Region in the Field of Election Legislation” stipulates that in elections to local government bodies of the Omsk Region the line “Against all candidates” (“Against all lists of candidates") does not fit on the ballot paper.

In accordance with paragraph 6 of Article 1 of the Federal Law of June 12, 2002 No. 67-FZ “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” of the constitution (statutes), the laws of the constituent entities of the Russian Federation on elections and referendums do not must contradict the specified Federal Law.

In 2014, paramount importance was attached to ensuring compliance of the laws of the Omsk region in the field of electoral legislation with this Federal Law. Current practice allows us to conclude that there is a fairly effective mechanism for ensuring compliance of the laws of the Omsk region in the field of electoral legislation with the Federal Law of June 12, 2002 No. 67-FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation.”

Given that the legislation of the Omsk region on elections and referendums has not been codified, similar provisions of the laws relating to the establishment of terms, conditions, etc. should be unified.

In 2014, changes were made to the Code of Public Positions of the Omsk Region and the State Civil Service of the Omsk Region.

Law of the Omsk Region dated April 23, 2014 No. 1624-OZ “On Amendments to the Code on Public Positions of the Omsk Region and the State Civil Service of the Omsk Region”, certain provisions of the Code regulating the material support of state civil servants are amended in accordance with Resolution of the Supreme Court of the Russian Federation dated December 18, 2013 No. 50-APG13-12.

In addition, the qualification requirements for length of service in the state civil service for persons with specialist or master's degrees with honors have been changed. It has been established that payment of a one-time benefit upon termination of an official relationship is carried out without filing an application.

The Law of the Omsk Region dated June 2, 2014 No. 1636-OZ “On Amendments to the Code on Public Positions of the Omsk Region and the State Civil Service of the Omsk Region” clarified the procedure for calculating pensions for long service to persons holding public positions in the Omsk Region , positions of the state civil service of the Omsk region.

The Law of the Omsk Region dated December 25, 2014 No. 1700-OZ "On Amendments to the Code on Public Positions of the Omsk Region and the State Civil Service of the Omsk Region" was prepared in connection with the adoption of the Federal Law dated 28 December 2013 No. 400-FZ "On insurance pensions" and provides for the replacement of the concept of “labor pension” with the concept of “insurance pension”.

The Law of the Omsk Region dated April 23, 2014 No. 1625-OZ “On Amendments to the Law of the Omsk Region “On the Experience of the State Civil Service of the Omsk Region” clarified periods of service (work) included (counted) in experience in the state civil service of the Omsk region.

Law of the Omsk Region dated July 24, 2014 No. 1649-OZ “On Amendments to Certain Laws of the Omsk Region” provides for the renaming of the executive body of the Omsk Region - the Administration of the Government of the Omsk Region - into the Office of the Governor and Government of the Omsk Region. Amendments have also been made to certain laws of the Omsk region in order to clarify the names of the relevant executive authorities of the Omsk region and the public position of the Omsk region.

Law of the Omsk Region dated December 4, 2014 No. 1681-OZ “On Amendments to Articles 4 and 20 of the Law of the Omsk Region “On the Status of a Deputy of the Legislative Assembly of the Omsk Region” clarifies the grounds for early termination of the powers of a deputy, the rules governing the conclusion lease agreement for premises used by a deputy of the Legislative Assembly to work with voters.

Laws Omsk Region dated June 2, 2014 No. 1632-OZ "On Amendments to Article 10 of the Law of the Omsk Region "On the Government of the Omsk Region", dated December 25, 2014 No. 1713-OZ "On Amendments to Certain Laws of the Omsk Region" , dated December 25, 2014 No. 1710-OZ "On Amendments to Certain Laws of the Omsk Region" clarifies the individual powers of the Government of the Omsk Region in the field of national policy, in the field of implementing state policy in the field of countering terrorism in the Omsk Region, on the issue of issuing regional lotteries, approving the procedure submission and verification of the accuracy and completeness of information on the income and property of citizens applying for positions of heads of state institutions of the Omsk region, persons replacing the specified positions, their spouses and minor children.

The Law of the Omsk Region of October 2, 2014 No. 1666-OZ “On Amendments to Article 4 of the Law of the Omsk Region “On State Awards of the Omsk Region, Awards of the Supreme Government Bodies of the Omsk Region and Honorary Titles of the Omsk Region” excludes from list of honorary titles of the Omsk region honorary title of the Omsk region "Honored Police Worker of the Omsk Region" region".

The Law of the Omsk Region dated July 31, 2014 No. 1659-OZ “On the use of a copy of the Victory Banner in the Omsk Region” provides for the placement on Victory Day of the Soviet people in the Great Patriotic War of 1941–1945 of a copy of the Victory Banner along with The national flag of the Russian Federation on buildings or raising a copy of the Victory Banner on masts, flagpoles.

Law of the Omsk Region dated July 28, 2014 No. 1655-OZ “On Amendments to the Law of the Omsk Region “On Regulatory Legal Acts of the Omsk Region” and Law of the Omsk Region dated December 10, 2014 No. 1693-OZ “O introducing amendments to Article 37.1 of the Law of the Omsk Region "On regulatory legal acts of the Omsk region" establish the possibility of official publication of regulatory legal acts of the Omsk region on the "Official Internet portal of legal information" (www.pravo.gov.ru) and regulatory legal acts of executive authorities of the Omsk region in the information and telecommunications network "Internet" in in the manner determined by the Governor of the Omsk Region.

Legislation on the organization of local self-government

administrative offenses and administrative responsibility < /div> & nbsp;
& nbsp; & nbsp; in the Omsk region, the norms that establish administrative offenses and administrative liability are contained in the Omsk Region Code of Administrative Offenses (hereinafter - the Code), which was adopted in 2006.
in 2014, 5 regional laws were adopted providing for amendments to the Code.

& nbsp; & nbsp; from the Code, articles providing for administrative liability for washing vehicles in the places not allotted for this; damage to architectural objects of small forms; Violations in the field of transport service of the population by road in urban, suburban, inter-municipal traffic.

& nbsp; & nbsp; has been established by administrative liability for violation of the procedure for the provision of state and municipal services; The obstruction of the legitimate activities of the Commissioner of the Omsk Region for Human Rights Authorized by the Governor of the Omsk Region for the Rights of the Child, the Commissioner for the Protection of Entrepreneurs' Rights in the Omsk Region.

& NBSP; & nbsp; , the officials of the internal affairs bodies (police) are assigned the powers to draw up protocols on administrative offenses provided for in Articles 48, 50 - 56, 56, 63.2 of the Code, if the transfer of powers to draw up the relevant protocols is provided for by the agreement between the federal executive body, which exercises functions for the development and implementation of state policy and regulatory regulation in the field of internal affairs The highest executive body of state power of the Omsk region.

& nbsp; & nbsp; The list of officials of local authorities of the Omsk region is determined, who have the right to draw up protocols on administrative offenses provided for Part 1 of Article >, Part 1 of Article 19.4.1 >, Part 1 of Article >, Article 19.7 < /A> Code of the Russian Federation on Administrative offenses, in their implementation of municipal control.

& nbsp; & nbsp; increased the size of an administrative fine for violation & nbsp; Rules, norms, requirements for ensuring cleanliness and order in public territories, an administrative fine for legal entities has been established for violation of the official use of official symbols of the municipality.
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& nbsp; & nbsp; despite the consolidation in Articles 1.3, 1.3.1 of the Code of Administrative Offenses of the subjects of the Russian Federation and the subjects of the constituent entities of the Russian Federation, the problem & nbsp; the need for a clear distinction between the authority between the Russian Federation and its subjects is still relevant.

& nbsp; & nbsp; The number of court decisions on the unlawful establishment of legal compositions of administrative offenses that are quite common in the laws of the constituent entities of the Russian Federation is only increasing. In this regard, the norms establishing administrative liability are canceled, which leads to the instability of legislation in the field of administrative offenses and administrative responsibility.

& nbsp; & nbsp; by the Decree of the Constitutional Court of the Russian Federation of 17 & nbsp; January 2013 No. & Nbsp; 1-P, it is first allowed to go beyond the sanctions under a separate article of the Code of Administrative Offenses and must be sentenced to lower the lower limit. In this regard, it is necessary to conduct a legal analysis of the Code in order to optimize administrative punishments.
& nbsp; & nbsp;
& nbsp; & nbsp; in order to implement certain provisions of the Federal Law of April 2, 2014 No. 44-ФЗ "On the participation of citizens in the protection of public order" adopted the Law of the Omsk Region dated November 6, 2014 No. 1672-OZ "On & nbsp; participation of citizens in Protection of public order in the Omsk region. " The law determines the procedure for creating and the activities of the regional headquarters on the interaction and coordination of the activities of folk squads, municipal headquarters on the interaction and coordination of the activities of folk squads, establishes a sample and procedure for issuing a certificate of a national squad, a sample of distinctive symbols of a national warrior, the procedure for providing people's squads and compensations.

& nbsp; & nbsp; by the Law of the Omsk Region dated June 27, 2014 No. 1643-OZ "On Amending Article 11 of the Omsk Region" On the Protection of the Population and Territories of the Omsk Region from Emergency Situations of the Natural and Technogenic nature "an additional task of the Commission for the Prevention of the Prevention was established and the liquidation of emergency situations and ensuring the fire safety of the Omsk Region Government to consider the organization of the organization and informing of the population about emergency situations.