The legal status of a chairman of the municipal council

The basis of a democratic state is a legally defined state administration, organized in hierarchical order according to functions, tasks, and objectives. The role of every institution and official in the state administration is determined by the procedure of its appointment and removal, the set of rights and duties, the types of supervision and responsibilities. Local governments are part of state administration and they form an indirect administration whose supreme decision-making body – the council – is elected by the citizens. Considering the discussions about separating decision - making power from the executive power at the local government level, will be assessed the position of the chairman of the local government council in the state administrative system. Scops of the research embraces legislation and case law, taking into account the conclusion of the legal research to identify the legal status established by provisions and their compliance with the role of a political official and analyze liability of his or her. The research utilizes descriptive, analytical, and comparative methods. Also, will be applied basic methods of interpretation of legal provisions. The law “On Local Governments” does not specify a person that could be defined as the administrative head of the derived public person. However, the chairman of local government could be recognized as such according to the rights and liabilities of the office. The established right in Section 93 of the law “On Local Government” to relieve the chairman of local government council could be recognized applying disciplinary liability which contradicts paragraph two of Section 71 of State Administration Structure Law, as a result of which the mentioned norm should be excluded. In the first, third, fourth, and ninth points of Section 62 of the law “On Local Governments”, the word “councils” should be substituted with “the city or municipality”.