Document from CIS Legislation database © 2003-2018 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of July 2, 1999 No. 698-IQ

About the status of municipalities

(The last edition from 07-04-2017)

This Law determines according to the Constitution of the Azerbaijan Republic the principles of creation, role of the municipalities performing local self-government, legal, economic and financial basis of local self-government, the state guarantees of its implementation.

Chapter I. General provisions

Article 1. Concept of local self-government

Local self-government in the Azerbaijan Republic is such system of the organization of activities of citizens which gives them opportunity for implementation of the right within the law independently and to freely resolve issues of local value and to perform part of public affairs for interests of local population according to part II of article 144 of the Constitution of the Azerbaijan Republic. It the rights perform in the procedure established by the law representative collegiate organs (municipalities) consisting of members of the municipalities elected by free, personal and secret vote on the basis of general equal, direct suffrage, or meeting of citizens. For the purpose of accomplishment of the obligations municipalities can create constantly functioning executive structures bearing before them responsibility.

Article 2. Basic concepts

1. Municipality - form of local self-government in the limits set by the law of territorial borders. The municipality has the property and the local budget and independently resolves the issues of local value carried to its powers by the Constitution of the Azerbaijan Republic and this Law. Municipalities are created and function on the basis of equality.

2. Municipal authorities - the bodies created by municipalities for the purpose of the organization of municipal service for the decision within powers of questions of local value and which are not a part of the system of state bodies.

3. Questions of local value - the questions determined by the Constitution and the laws of the Azerbaijan Republic, connected with direct ensuring activity of the municipal population.

4. Local poll of opinion - studying of opinion of citizens on questions of local value.

5. it is excluded.

6. The official of municipal authorities - the person performing organizational and administrative functions in local government bodies and not belonging to the category of government employees, working under the contract (employment contract).

7. Municipal property - the personal and real estate of all types belonging to municipality.

8. The local taxes (municipal taxes) are the taxes paid to municipalities established by the Tax code of the Azerbaijan Republic and the Law of the Azerbaijan Republic "About local (municipal) taxes and payments".

8-1. Local payments are the voluntary one-time payments established by municipalities based on the Law of the Azerbaijan Republic "About local (municipal) taxes and payments", and also paid by legal entities and physical persons for financing of the target projects performed by results of local polls of opinion.

9. Municipal service - permanent professional activity in local government bodies for execution of powers of these bodies.

10. Terms "municipality" and "local self-government" and phrases which part they are are used concerning municipalities, their bodies, the companies, organizations and the organizations, objects of property and other objects connected with implementation of functions of local self-government and also in other cases in connection with implementation by the population of local self-government.

Article 3. Right of citizens of the Azerbaijan Republic to implementation of local self-government

1. Citizens of the Azerbaijan Republic perform the right of local self-government in the lived territory by means of elections to municipalities, direct declaration of will, poll of opinion, the free statement of thoughts, promotion of offers, and also in other forms.

2. Citizens irrespective of race, nationality, floor, language, origin, property and official capacity, the relation to religion, beliefs, professions, the relation to political parties, labor unions and other public associations, can perform local self-government as directly, and through the representatives.

3. Citizens of the Azerbaijan Republic have the right to choose and be elected to local government bodies.

4. The municipal service is to the same extent possible for citizens of the Azerbaijan Republic.

5. Each citizen has the right to address to municipalities, municipal authorities and to their officials.

6. Municipalities, municipal authorities and their officials shall provide access of each citizen to the documents and materials which are directly relating to rights and freedoms of man and citizen and also receipts of the complete information about activities of municipalities if the law does not provide particular cases, to carry out orders of voters.

Article 4. Local programs of social protection and social development

1. Local programs of social protection are installed for the category of citizens determined by municipality, in addition to the state social security, by social guarantees. These guarantees can be regular and one-time.

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