Constitutional-legal status of the deputies working on a constant and temporary basis

Abstract

The actuality of the presented research is due to the absence of a single law on the status of deputies at all levels in the Russian legal system. The scale of representative, legislative and control functions is so large in the State Duma that the work of 450 deputies on a constant basis can be considered fully justified. There is no longer necessary in the regions of the Russian Federation because exactly representative, legislative and control functions that are less noticeable. As for municipal formations that do not implement the legislative function at all, and the functions of representation and control in them are simplified as much as possible, professional people's deputation is questionable and quite often impractical at all. Accordingly, deputies working on a temporary basis should not hold positions in representative bodies within the meaning of labor law. Guarantees of labor rights, in our opinion, are subject to application strictly in labor relations and should not apply to other relations of a constitutional and legal nature, in which there is an "official" element, but there is no legal fact of the existence of labor relations. But at the same time, the authority of deputies to participate in sessions, in the rule-making process, when performing control and representative functions should be equal. Thus, in the constitutional and legal sense, the status of deputies working on a constant and temporary basis should be the same.