THE ELECTIONS OF A HIGH AUTHORITY OF MUNICIPAL ENTITY: LEGAL MODELS
The elections of heads of municipal entities are one of the relevant and much-debated problems in the sphere of local self-government. The election of high authority of a municipal entity by the representative body of the municipal entity based on the results of competitive selection causes many disputes and complaints of the scientific community.
The authors carried out the analysis of the ways of electing the head of a municipal entity embodied in Federal Law No.131-FZ. The analysis focuses on the consideration of the competitive method of electing the head of a municipal entity, its identity with the procedure for appointing the head of a local administration. The analysis of current federal, regional, and local legislation allowed identifying the legal models for the election of high authorities of municipal entities for the municipal entities of the upper and lower territorial levels.
The analysis identified that the heads of municipal entities of the upper territorial level, i. e. city districts and municipal districts are elected alternatively and non-alternatively. The heads of city districts with the intercity division are elected by clear-choice elections by the representative body of a municipal entity based on the results of competitive selection or by the representative body of a municipal entity from among its members. The laws of constituent entities of the Russian Federation provide for the alternative way to elect the heads of intercity municipal entities in federal cities. The heads of municipal entities of the lower territorial level are elected alternatively and non-alternatively as well.
The authors conclude that the state increasingly frequently participates in the organization of local self-government bodies, and among other things, this participation is reflected in the election of the high authority of a municipal entity through the competitive selection.