LAW OF THE REPUBLIC OF ARMENIA

of March 21, 2018 No. ZR-146

About intermunicipal associations

Accepted by National Assembly of the Republic of Armenia on March 7, 2018

Article 1. Subject of regulation of the Law

1. This Law regulates concept, bodies, procedure for activities, power of intermunicipal consolidation and their legal, economic, financial basis and guarantees.

Article 2. Legislation on intermunicipal associations

1. In the Republic of Armenia the relations connected with intermunicipal associations are regulated by the Constitution of the Republic of Armenia, the Law of the Republic of Armenia "About local self-government", this Law, other laws and regulatory legal acts.

Article 3. Concept of intermunicipal consolidation

1. Intermunicipal consolidation (further - consolidation) is the merging of municipalities created for the purpose of increase in efficiency of local self-government or proceeding from public benefit which performs the powers assigned to it by the Law or decisions of local government boards of elders.

2. For the purpose of the solution of different municipal problems the municipality can be included in structure of two and more associations.

Article 4. Legal status of consolidation

1. Consolidation is legal entity of public law which features of activities are established by this Law.

2. Consolidation independently disposes of the property, uses the property transferred on right to use, has the profit and loss budget, and also seal with the image of the coat of arms of the Republic of Armenia and the name.

3. Consolidation is effective according to the charter.

4. Council of consolidation has the right to adopt sublegal normative and private legal acts within the powers delegated to it.

5. The acts adopted by the local government bodies which are members of consolidation within the powers delegated to consolidation are effective before acceptance by council of Combination of the acts governing these relations. From this time, the acts adopted by the local government bodies which are members of consolidation within the powers delegated to consolidation are recognized invalid.

Article 5. Place of activities of consolidation

1. Consolidation is effective in the place established by the charter of consolidation.

Article 6. Consolidation creation

1. Consolidation can be created:

1) the Councils of Elders of municipalities (further - on voluntary basis);

2) under the law - on government proposal of the Republic of Armenia (further - under the law).

2. Consolidation can begin the activities in three-months time after approval of the charter.

Article 7. Procedure for creation and replenishment of consolidation on voluntary basis

1. On voluntary basis consolidation is created at the initiative of two and more local government bodies. The head of municipality or third of members of council of elders can take this initiative, having provided at meeting of the Council of Elders and those powers which will be delegated to intermunicipal consolidation, and also the principles of financing of consolidation from budgets of the municipalities which were part of consolidation. The initiative is considered at meeting of the Council of Elders, and the Council of Elders of municipality by a majority vote of members of council of elders, by the established Law, makes the decision on entry into structure of consolidation or on initiative variation.

2. Consolidation on voluntary basis is considered created from the moment of approval of the charter of consolidation by the Councils of Elders of the municipalities included in structure of consolidation (by a majority vote members of the Councils of Elders established by the Law).

3. The charter of consolidation shall establish, at least, the following:

1) names of the municipalities included in structure of consolidation;

2) the powers delegated to merging of member municipalities of consolidation by local government bodies;

3) name and location of consolidation;

4) the principles of financing of consolidation from budgets of the municipalities included in structure of consolidation;

5) sources of forming of the income of consolidation;

6) procedure of payments of the share provided by the account estimate returned to municipality in case of its exit from consolidation;

7) settlements of the other questions provided by this Law.

4. The municipality can be part of the consolidation created on voluntary basis, after giving to combination of the written application by the head of the municipality which is part of consolidation by the decision of the Council of Elders of municipality, and receipt of consent of council of consolidation. It is agreed by vote by a majority vote from total number of members of council.

Article 8. Procedure for creation and replenishment of consolidation under the law

1. Only the Government of the Republic of Armenia can take the legislative initiative about creation of consolidation under the law.

2. The government of the Republic of Armenia before taking the legislative initiative, we represent to the relevant municipalities bills on creation of consolidation and the charter of consolidation. The charter of consolidation shall establish, at least, the following:

1) names of the municipalities included in structure of consolidation;

2) the powers delegated by the state which the municipality delegates to consolidation;

3) name and location of consolidation;

4) principles of financing of consolidation by the state;

5) sources of forming of the income of consolidation;

6) settlements of the other questions provided by this Law.

3. The Councils of Elders within a month after receipt of bills and the charter of consolidation represent to the Government of the Republic of Armenia the conclusion on projects. The government of the Republic of Armenia together with the legislative initiative represents to National assembly of the conclusion of the Councils of Elders of the municipalities included in consolidation.

4. The municipality can be part of the consolidation created under the law by amending and amendments the relevant law. Provisions of parts 2 and 3 of this Article are in that case applied, at the same time both the Councils of Elders of member municipalities of consolidation, and the Council of Elders of the included municipality shall provide the conclusion.

Article 9. Powers of consolidation

1. Only the powers delegated by the state to the heads of municipalities included in structure of consolidation can be delegated to the consolidation created under the law.

2. Own powers of heads of municipalities established for the purpose of the solution of obligatory tasks of member municipalities, included in the charter of consolidation, and also power of the Council of Elders of municipality are delegated to the consolidation created on voluntary basis.

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