Status and Authority
Status and authority
Provisions of Law of the Leningrad Region of October 27, 1994 No. 6-ОZ (6-ОЗ) “Charter of the Leningrad Region”:
Chapter 4. Governor of the Leningrad Region
Article 18. Basics of the status of Governor of the Leningrad Region
1. The Governor of the Leningrad Region is the highest official of the Leningrad Region and heads the Government of the Leningrad Region.
2. The Governor of the Leningrad Region in the exercise of his/her authority is guided by the Constitution of the Russian Federation, federal laws, legal acts of the President of the Russian Federation and the Government of the Russian Federation, the Charter of the Leningrad Region and Regional laws.
According to Law of the Leningrad Region dated 20.03.2014 No. 14-оz (14-оз) from the date of entry into force of the Regional law “On the Governor of the Leningrad Region”, article 18 will be added with part 3 of the following contents:
“3. The issues of money support and additional guarantees of the activities of the Governor of the Leningrad Region are established in accordance with the Regional law “On the Governor of the Leningrad Region”, unless otherwise established by federal laws”.
Article 19. Procedure for the election of the Governor of the Leningrad Region
1. The Governor of the Leningrad Region is elected by the citizens of the Russian Federation residing in the territory of the Leningrad Region and having, in accordance with the Federal law, active suffrage, on the basis of universal, equal and direct suffrage by secret ballot.
2. A citizen of the Russian Federation who has reached the age of 30 and meets the requirements established by Federal law for the highest official of the constituent entity of the Russian Federation (the head of the supreme government body of the state authority of the constituent entity of the Russian Federation) may be elected as the Governor of the Leningrad Region.
3. The elections of the Governor of the Leningrad Region are carried out on the basis of and in accordance with federal laws, the Charter of the Leningrad Region and Regional laws.
4. In the event that the elections of the Governor of the Leningrad Region are recognized as failed or invalid, the Legislative Assembly of the Leningrad Region shall call repeated elections.
In this case, the duties of the Governor of the Leningrad Region before the newly elected Governor of the Leningrad Region takes office shall be performed by a person appointed by the President of the Russian Federation.
5. The Governor of the Leningrad Region is elected for a term of five years. The term of office of the Governor of the Leningrad Region is calculated from the date of his/her taking office.
The same person may not hold the position of the Governor of the Leningrad Region for more than two consecutive terms.
6. Upon taking office, the Governor of the Leningrad Region takes an oath of allegiance to the people and the Constitution of the Russian Federation, the Charter of the Leningrad Region with the following content:
“I swear, when exercising the powers of the Governor of the Leningrad Region, to comply with the Constitution of the Russian Federation, federal legislation, the Charter and laws of the Leningrad Region, honestly and conscientiously fulfill the duties assigned to me, to serve the prosperity of the Leningrad Region and the well-being of its residents”.
7. The Governor of the Leningrad Region takes the oath at a meeting of the Legislative Assembly of the Leningrad Region in the presence of honorary citizens of the Leningrad Region.
8. Since taking the oath, the Governor of the Leningrad Region is considered to have taken office.
Article 20. Principal Authority of the Governor of the Leningrad Region
Governor of the Leningrad Region:
1) represents the Leningrad Region in relations with federal state authorities, state authorities of the constituent entities of the Russian Federation, local government bodies, as well as in foreign economic relations, and has the right to sign contracts and agreements on behalf of the Leningrad Region;
2) promulgates the laws of the Leningrad Region, certifying their promulgation by signing regional laws, or rejects the regional laws adopted by the Legislative Assembly of the Leningrad Region;
3) refers to the Legislative Assembly of the Leningrad Region with an annual message on the situation in the Leningrad Region;
3-1) submits to the Legislative Assembly of the Leningrad Region annual reports on the results of the activities of the Government of the Leningrad Region, including on issues raised by the Legislative Assembly of the Leningrad Region;
4) has the right to demand the convening of an extraordinary meeting of the Legislative Assembly of the Leningrad Region, as well as to convene the newly elected Legislative Assembly of the Leningrad Region for the first meeting earlier than the deadline established by the Charter of the Leningrad Region;
5) has the right to participate in the work of the Legislative Assembly of the Leningrad Region with the right of an advisory vote;
6) has the right of legislative initiative in the Legislative Assembly of the Leningrad Region;
7) submits to the Legislative Assembly of the Leningrad Region for approval a draft regional budget and a report on its implementation, as well as a draft strategy for the socio-economic development of the Leningrad Region;
8) has the right to appeal to the Legislative Assembly of the Leningrad Region with a proposal to amend the decisions of the Legislative Assembly of the Leningrad Region or to cancel them, as well as appeal against the decisions of the Legislative Assembly of the Leningrad Region in a judicial proceeding;
9) decides on the early termination of the powers of the Legislative Assembly of the Leningrad Region on the grounds and in the manner provided for by federal law;
10) submits to the Legislative Assembly of the Leningrad Region a draft agreement on the delimitation of competences and powers between the state authorities of the Russian Federation and the state authorities of the Leningrad Region;
11) signs an agreement on the delimitation of competences and powers between the state authorities of the Russian Federation and the state authorities of the Leningrad Region and sends it to the President of the Russian Federation in the manner prescribed by federal law;
12) forms the Government of the Leningrad Region in accordance with the Charter of the Leningrad Region and heads it;
13) makes decisions on the resignation of the Government of the Leningrad Region and individual members of the Government of the Leningrad Region;
14) ensures coordination of the activities of the executive authorities of the Leningrad Region with other state authorities of the Leningrad Region and state authorities of the Leningrad Region. In accordance with the legislation of the Russian Federation, organizes the interaction of the executive authorities of the Leningrad Region with the federal executive authorities and their territorial bodies, local government bodies and public associations;
15) coordinates and supervises the activities of the First Vice-Governor of the Leningrad Region and the Vice-Governors of the Leningrad Region, the Government of the Leningrad Region and the executive authorities of the Leningrad Region;
16) uses conciliation procedures to resolve disagreements between state authorities of the Leningrad Region and state bodies of the Leningrad Region;
17) suspends the legal acts of the Government of the Leningrad Region, sectoral, territorial and other executive authorities of the Leningrad Region, including those that have been abolished or reorganized if they fully or partially contradict the legislation of the Russian Federation, the Charter of the Leningrad Region or regional legislation;
18) vests the authority of a member of the Federation Council of the Federal Assembly of the Russian Federation – a representative of the executive authority of the Leningrad Region in accordance with the procedure established by federal law;
19) makes decisions on the appointment to public positions in the Administration of the Leningrad Region, on early release from office, on termination of an office contract (an employment contract), on dismissal, on encouraging, rewarding, temporary suspension from a position in charge, on appointment of a functional audit, on applying and the removal of a disciplinary sanction, performs other powers and functions of the representative of the employer in relation to persons holding public positions of the Leningrad Region in the Administration of Leningrad Region;
19-1) determines the powers of the Deputy Governors of the Leningrad Region – the First Vice-Governor of the Leningrad Region and the Vice-Governors of the Leningrad Region, as well as the rights and obligations of members of the Government of the Leningrad Region;
20) approves the internal structure and staffing of the executive authorities of the Leningrad Region;
21) agrees on the submission of the Prosecutor General of the Russian Federation on the appointment to the position of prosecutor of the Leningrad Region in the manner established by regional law;
22) carries out the authority of the representative of the employer in relation to public civil servants of the Leningrad Region, performing civil service in the executive authorities of the Leningrad Region and the offices of the magistrates;
23) makes decisions on the establishment and abolition of councils, commissions and other permanent or temporary working advisory bodies under the Governor of the Leningrad Region, the Government of the Leningrad Region, and also approves the provisions on their activities and staffing;
24) exercises other authority related by federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation to the competence of the highest official of the constituent entity of the Russian Federation (the head of the supreme government body of the state authority of the constituent entity of the Russian Federation);
25) exercises other authorities attributed to the competence of the Governor of the Leningrad Region by the Charter of the Leningrad Region or regional laws.
Article 21. Legal acts of the Governor of the Leningrad region
1. The Governor of the Leningrad Region, within the limits of his/her authority, determined by federal law, the Charter of the Leningrad Region and regional laws, issues resolutions and orders.
Resolutions of the Governor of the Leningrad Region are normative legal acts. Orders of the Governor of the Leningrad Region are the legal acts having non-normative character.
2. Resolutions and orders of the Governor of the Leningrad Region, adopted within the limits of his powers, are binding in the Leningrad Region.
3. Resolutions and orders of the Governor of the Leningrad Region shall enter into force on the date of their signing, unless otherwise specified in the resolution or order.
4. Resolutions of the Governor of the Leningrad Region on the protection of human and civil rights and freedoms shall be officially published in the manner prescribed by federal and regional laws, and shall enter into force not earlier than 10 days after their official publication.
Chapter 5. Temporary performance of duties of the Governor of the Leningrad region
Article 22. The procedure for temporary performance of duties of the Governor of the Leningrad region
1. In the cases established by the federal law, the acting Governor of the Leningrad Region is appointed by the President of the Russian Federation.
2. In other cases when the Governor of the Leningrad Region cannot fulfill his/her duties, his/her duties in accordance with the legal act of the Governor of the Leningrad Region, subject to the restrictions established by Article 23 of the Charter of the Leningrad Region, are temporarily performed by:
a person identified by the Governor of the Leningrad Region from among persons holding public office in the Administration of the Leningrad Region in respect of the duties of the highest official of the Leningrad Region, including the signing of legal acts of the Governor of the Leningrad Region;
First Deputy Chairman of the Government of the Leningrad Region – regarding the duties of the Chairman of the Government of the Leningrad Region, including signing legal acts of the Government of the Leningrad Region, subject to prior approval of the draft legal acts of the Government of the Leningrad Region with a person designated by the Governor of the Leningrad Region to temporarily perform the duties of the highest official of the Leningrad Region.
Article 23. Limitation of authority of acting Governor of the Leningrad region
1. Acting Governor of the Leningrad Region has no right to:
1) dissolve the Legislative Assembly of the Leningrad Region;
2) submit proposals to the Legislative Assembly of the Leningrad Region to amend the Charter of the Leningrad region.
2. Acting Governor of the Leningrad region on the basis of the legal act of the Governor of the Leningrad region also has no right to:
1) make decisions on the resignation of the Government of the Leningrad Region or individual members of the Government of the Leningrad Region, except for voluntary resignation at his/her own wish;
2) form the Government of the Leningrad Region;
3) vest the authority of a member of the Federation Council of the Federal Assembly of the Russian Federation – a representative of the executive authority of the Leningrad Region;
4) appoint to the state positions of the Leningrad Region in the Administration of the Leningrad Region;
5) early terminate the authority of persons holding public positions of the Leningrad Region in the Administration of the Leningrad Region, except for voluntary resignation at his/her own wish;
6) suspend legal acts of the Government of the Leningrad Region, branch, territorial or other executive authorities of the Leningrad Region;
7) change the structure of the executive authorities of the Leningrad Region;
8) sign the agreement on the delimitation of competences and powers between the state authorities of the Russian Federation and the state authorities of the Leningrad Region;
9) initiate a referendum in the Leningrad Region;
10) promulgate the laws of the Leningrad Region, certifying their promulgation by signing regional laws, or reject the regional laws adopted by the Legislative Assembly of the Leningrad Region.
Article 24. Accountability of the acting Governor of the Leningrad Region
Acting Governor of the Leningrad region on the basis of the legal act of the Governor of the Leningrad region is accountable to the Governor of the Leningrad Region.