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LAW OF THE REPUBLIC OF ARMENIA

of June 28, 2018 No. ZR-347

About local referendum

Accepted by National Assembly of the Republic of Armenia on June 13, 2018

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law establishes the principles of holding local referendum, governs the relations connected with the right of participation in local referendum, the questions submitted for local referendum, procedure for removal at local referendum of the project or public question of municipal value, publication of poll submitted for local referendum, appointment, the organization, summing up local referendum, entry into force of the acts submitted for local referendum and delivery to document storage of referendum.

Article 2. Local referendum and principles of its carrying out

1. The local referendum is method of direct participation in administration of municipality which is performed by vote of inhabitants of this municipality on public questions of municipal value.

2. The local referendum is held by secret vote on the basis of general, equally, free and direct suffrage.

3. Each person participating in local referendum has the right to one voice.

4. The local referendum is held in the territory of this municipality.

Article 3. The participation right in local referendum

1. Persons having the right to choose on elections of local government bodies under the Constitutional law "The Electoral Code of the Republic of Armenia" have the participation right in local referendum.

2. The persons recognized incapacitated by the court verdict which took legal effect, and also condemned by the sentence which took legal effect, for heavy and especially serious deliberate crimes and serving sentence have no the participation right in local referendum.

Article 4. The questions submitted for local referendum

1. Public questions of inhabitants of this municipality of municipal value, except for can be submitted for local referendum:

1) the questions concerning the rights, freedoms and obligations of man and citizen, elimination or restriction of the constitutional guarantees providing their implementation;

2) the questions connected with the powers delegated to state bodies or local government bodies;

3) the questions concerning forming of administration of the head of municipality;

4) questions of acceptance or change of the local authority budget, and also accomplishment or change of financial liabilities of municipality;

5) questions of alienation of municipal property;

6) questions of protection of the population, holding the extraordinary and urgent actions ensuring health and safety;

7) the questions doing harm to monuments history, cultures, the nature and to reserves;

8) the questions concerning the local taxes, duties, payments;

9) questions of creation of intermunicipal associations;

10) questions which were already submitted for local referendum during previous year and are similar.

2. The act adopted by local referendum can be changed only by local referendum.

3. The question submitted for local referendum is formulated so that on it it was possible to give definite answer.

Article 5. Prohibition on holding local referendum

1. The local referendum cannot be held in the election day of National assembly or local government bodies in this municipality.

2. The local referendum cannot be held during warlike or emergency state in the territory of the Republic of Armenia or this municipality.

3. If military or state of emergency was declared after the beginning of process of the local referendum provided by this Law, but before purpose of local referendum by the head of municipality, all actions and terms connected with removal at local referendum of question, begun to the announcement of warlike or emergency state stop and resumed upon termination of warlike or emergency state.

Chapter 2. Removal of question at local referendum, appointment and holding local referendum

Article 6. Subjects of initiative of holding local referendum

1. Persons having the right to participate in local referendum in this municipality, at least one third of total number of members of council of elders of this municipality and the head of municipality have rights of initiative of holding local referendum.

Article 7. Procedure for removal of question at local referendum on initiative of the population of municipality

1. In case of rejection by the Council of Elders of municipality of the question provided by inhabitants of municipality according to the procedure, established by part 2 of article 14 of the Law of the Republic of Armenia "About local self-government" if another 10 percent of persons join initiative, the having the participation right in local referendum in this municipality, authorized representative of the initiative group registered according to the procedure the stipulated in Clause 9 these Laws, addresses to Central Election Commission or untrue territorial election commission for confirmations of signatures. The question provided by inhabitants of municipality is considered the unaccepted Council of Elders of municipality also if the question was not considered by council the oldest municipality in time, established by part 2 of article 14 of the Law of the Republic of Armenia "About local self-government", or the decision on question was not made.

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