Shpakovsky district are studied by prosecutor's office the resolution of Administration of the municipal district Shpakovsk of the Stavropol Territory

The prosecutor's office of the area studied the resolution of Administration of the municipal district Shpakovsk of the Stavropol Territory "About the approval of administrative regulations of providing municipal "Issue of construction licenses (reconstruction, ) and commissioning of objects" in the territory of the Shpakovsky municipal area Stavropol territory" (further – administrative regulations). by Studying of the specified administrative regulations it is established that it contradicts provisions of the legislation having big validity, and is subject to change on the following bases. by Check it is established that in point 4.2 of the administrative regulations establishing an order and frequency of implementation of planned and unscheduled inspections in which it is specified that check within behind performance of municipal also can be carried out according to the concrete address of the applicant.
Thus, the formulation "can" at a regulation of an order of carrying out check according to the concrete address of the applicant, gives opportunity of acceptance by officials of decisions on own discretion that according to the subparagraph "and" point 3 of the Technique of carrying out anti-corruption examination of regulations and drafts of the regulations, Government of the Russian Federation of 26.02.2010 No. 96, is a korruptsiogenny factor.
At the same time, the provision of point 5.2 of administrative regulations contradicts requirements of Art. 11.1 of the Federal law of 27.07.2010 No. 210-FZ "About the organization of providing municipal " according to which the list of cases of the address of the applicant with the complaint is not exhaustive. owing to item 4 of Art. 7 of the Federal law of 06.10.2003 Federal law of the Russian Federation of 6 October 2003 No. 131-FZ "On the General Principles of the Organization of Local Self-Government in the Russian Federation" municipal legal acts should not contradict br of Constitution of the Russian Federation, to federal constitutional laws, the present Federal law, other federal laws and other regulations Russian Federation, and also to constitutions (charters), laws, other regulations of subjects Russian Federation. In this regard, the prosecutor's office of the area brought a protest on the resolution of Administration of the municipal district Shpakovsk of the Stavropol Territory "About the approval of administrative regulations of providing municipal "Issue of construction licenses (reconstruction, ) and commissioning of objects" in the territory of the Shpakovsky municipal area Stavropol territory" about reduction in compliance.