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🏛 | Residents audit request for former Prime Minister Abe's "national funeral" "Public expenditure" attended by governors is considered "illegal" Osaka, Hyogo, Kyoto, etc.


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Residents audit request for former Prime Minister Abe `` state funeral '' Governors and others attend `` public expenditure '' as `` illegal '' Osaka, Hyogo, Kyoto, etc.

 
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Similar resident audit requests will be made in Hyogo Prefecture, Kyoto Prefecture, and Hokkaido, and within 20 days from the 60th of tomorrow, the requirements will be reviewed and audited.
 

Attorneys in Osaka Prefecture conducted a resident audit to demand an injunction on the expenditure of public funds when the governor and others attended the "state funeral" of former Prime Minister Abe. → Continue reading

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Resident audit request

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    Resident audit requestWhat is (One Ancient Rest Inn)?residentsBut live inLocal government OfIllegalOr unjustFinancial accountingIf it is found that there is the above act, the local public bodyAudit CommitteeAgainstauditIt is a system that allows you to request that you take necessary measures against the act.If the claimant is dissatisfied with the audit results,Resident lawsuitcan be filed.

    Direct billingIt is a different system from the clerical audit request.

    • Below, only the article numbers of the Local Autonomy Law are described.

    the purpose

    Based on requests from residents, the financial affairs of local governments are managed by preventing and correcting illegal or unjust acts or negligence committed by local government executive bodies or employees, or seeking compensation for damages caused by these. ensure the adequacy of the population and protect the interests of all residents[1][2].

    Residents' lawsuits usually involve the fact that illegal acts or neglect in financial accounting prescribed by Article XNUMX, paragraph XNUMX of the same law by executive agencies or employees of local governments are ultimately the residents who are members of the local governments In order to prevent this, as part of citizen participation based on the principle of local autonomy, we give residents the power to make requests to the court for prevention or correction, and by doing so, local financial administration. It is intended to ensure proper management, and the judgment of the local government and the judgment of the residents regarding the appropriateness of the act or omission of the executive agency or staff in the financial accounting and the necessity of correcting it. The original significance of the system lies in the fact that residents can take action to prevent or rectify illegal activities by themselves in the event of conflicts and conflicts. — Supreme Court, March 53.3.30, XNUMX[3]

    Claimant

    The claimant is the local public bodyresidentsIs (242 article(Item 1).

    "Resident" means a person who has an address within the area of ​​the local government concerned[Annotation 1](10 article(Item 1).

    LegalActing abilityAnyone can claim as long as[1].

    or,You can also do it alone,Direct billingA certain number ofCo-signyou don't have to do it with[Annotation 2][1].

    Unless you have made a resident audit requestResident lawsuitIt is not possible to raise[1].

    Items that can be requested

    Audit committee members everyfiscal yearAn audit must be conducted in accordance with the provisions of Paragraph 1 with a due date at least once (199 article(Item 4).

    On the other hand, according to Article 242, Paragraph 1, the residents of local public bodies are

    • About the head or committee or member of the ordinary local public body or the staff of the ordinary local public body
      • There is an illegal or unreasonable expenditure of public money, acquisition, management or disposal of property, conclusion or performance of a contract, debt or other obligations (including cases where it is predicted that the act will be performed with considerable certainty. ), Or
      • When it is found that there is a fact of neglecting to impose or collect public money or manage property (hereinafter referred to as "fact of neglect") illegally or unreasonably.

    It is necessary to request an audit from the Audit Committee member with a document certifying these, prevent and correct the act, correct the fact of neglect, and compensate for the damage suffered by the ordinary local public body due to the act or the fact of neglect. It stipulates that it is possible to request that measures be taken.

    Incidentally,Special local government(special area・ Union of local public entities ・Property ward-Regional Development Agency-Special merger wardThe provisions of Article 242 apply mutatis mutandis to), and it is possible to request a resident audit from each of the Audit Committee members (auditors of local development corporations).However, it is not possible to directly request a resident audit for an external corporation (foundation, various public corporations, etc.) that is not a local public body.

    Billable period

    Unless there is a justifiable reason, a resident audit request cannot be made when one year has passed from the day when the act was made or ended (Article 1, Paragraph 242).

    However, it has been determined that this provision does not apply to the facts of neglect.[6].

    Audit method

    Audits and recommendations by Audit Committee members upon request by residents must be made within 242 days from the date of the request pursuant to the provisions of Article 1, Paragraph 60 (Article 242, Paragraph 5).Decisions on audits and recommendations shall be based on the consensus of the Audit Committee members (Article 242, Paragraph 8).

    In conducting an audit, the Audit Committee member must give the claimant an opportunity to submit evidence and make a statement (Article 242, Paragraph 6).When hearing the statement, or when hearing the statement of the head of the relevant ordinary local public body or other executive organs or staff, when it is deemed necessary, the relevant ordinary local public body The chief or other executive body or staff or the claimant may be present (Article 242, Paragraph 7).

    Audit committee members may hear opinions from persons with academic experience, etc. when they find it necessary for auditing (Article 199, Paragraph 8).

    Audit results

    If the Audit Committee member conducts an audit at the request of the residents and finds that the request has no reason, the request shall be rejected and the requester shall be notified in writing with the reason and the result shall be announced.In addition, when it is found that there is a reason for the request, it is recommended that the council, the head of the ordinary local public body, or other executive organs or employees should take necessary measures by indicating the period, and the content of the recommendation shall be stated. The requester must be notified and made public (Article 242, Paragraph 4).

    In addition, when there is a resident audit request,

    • There is good reason to think that the act is illegal,
    • There is an urgent need to avoid the irreparable damage caused to the ordinary local government by the act, and
    • When it is recognized that there is no risk of serious harm to human life or body or other significant hindrance to the public welfare by suspending the act.

    The Audit Committee member may recommend to the head of the ordinary local public body or other executive body or staff that the act should be suspended until the procedure for publication of the audit results is completed with a reason. ..In this case, the Audit Committee member shall notify the claimant of the content of the recommendation and publicize it (Article 242, Paragraph 3).

    In some cases, a legal resident audit request may be rejected by the Audit Committee member, but in this case, a resident lawsuit can be filed immediately or a request can be made again (case law:).The third Kodaira 10 (line) 68).However, it is not possible to know whether or not a resident audit request is legal without a definitive judgment, so even if a resident lawsuit is filed on the assumption that the legal resident audit request has been dismissed, the judgment states that the resident audit request is illegal. May be certified.In addition, even if it is possible to make another request, the Audit Committee member may confidently and repeatedly reject the legal request.With regard to these, while filing a resident lawsuit regarding the dismissal, a corrected resident audit request is filed again, and a resident lawsuit regarding the dismissal of the resident audit request is filed again for a consolidated trial. It is possible to file a resident lawsuit for one resident audit request that the court has found to be legal. (Tokyo District Court, 27 (Gyo) No. 377, 28 (Gyo) No. 69)

    Precedent

    footnote

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    注 釈

    1. ^ Regardless of whether you are an individual or a corporation, whether you have the right to vote, pay taxes, or have Japanese nationality.[4][5].
    2. ^ A type of direct billingOffice audit request(75 articleIn the case of), the claimant must be a voter, that is, a person who has the right to vote, and a co-signing of 2% or more of the total number of voters is required.In comparison, it can be said that it is easier to request a resident audit.

    Source

    1. ^ a b c d "Reference material 1 Resident audit request / Resident litigation system PDF". Ministry of Internal Affairs and Communications. Second subcommittee of the Local Administration and Finance Review Council (3rd meeting) (September 2010, 6). April 2022, 5Browse.
    2. ^ Sonobe 1996, pp. 20–22.
    3. ^ "Showa 51 (Gyotsu) 120". Courts - Courts in Japan. April 2022, 5Browse.
    4. ^ Sonobe 1996, pp. 22–23.
    5. ^ "About system of resident inspection request". Tagawa (September 2018, 4). April 2022, 5Browse. “・Resident audit requests can be made by those who have an address in Tagawa city.・There are no restrictions on tax payment, voting rights, nationality, etc.・Not only individuals, but also corporations can do it.”
    6. ^ "Supreme Sho 53.6.23". www.courts.go.jp. Courts-Courts in Japan. April 2022, 4Browse.

    References

    • Itsuo Sonobe, Litigation for Residents and Disputes by Local Governments (first edition), Gyosei, New Local Autonomy Law Lecture 5, 1996.ISBN 4-324-04956-4.OCLC 37915502. 

    Related item

    外部 リンク

    Requirement examination


       

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