of July 9, 2013 No. 127
About procedure for delegation to local government bodies of separate state powers
Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 6, 2013
This Law determines legal, organizational and financial basis of delegation to local government bodies of the state powers, and also procedure for execution, suspension and termination of execution of the delegated state powers by local government bodies.
1. Delegation of the powers by state bodies to local government bodies is performed on the basis of the following principles:
1) legality;
2) social and economic justification;
3) reality and publicity of implementation of the delegated state powers;
4) equalities of the parties (in case of delegation of the state powers based on the agreement);
5) material and financial security of the delegated functions and powers;
6) differentiations of powers depending on territorial, economic and other features of local government bodies;
7) opennesses, collective nature;
8) accountabilities before authorized state body;
9) harmonizations of state and local interests.
2. Delegation of the state powers shall not break or limit the rights and guarantees of local self-government established by the legislation of the Kyrgyz Republic.
3. Delegation of the state powers is made for the purpose of their effective implementation and high-quality provision of services to local community taking into account opportunity and reality of their implementation by local government bodies.
4. The delegated state powers shall not create obstacles for the decision local government bodies of questions of local value and worsen economic and social situation of local communities of the corresponding territory.
1. Delegation of the state powers represents transfer by state bodies of part of the powers belonging to them to local government bodies based on the law, other regulatory legal act or the agreement.
2. Delegation is forbidden to local government bodies of powers of judicial bodies, prosecutor's office and other law enforcement agencies, and also other state powers connected with ensuring territorial integrity, homeland security of the Kyrgyz Republic, powers in the sphere of defense, protection of frontier and the relations concerning conscription, except for powers of law enforcement agencies on ensuring protection of public order.
1) the name of the state body performing delegation of the state powers, and local government body to which the state powers are delegated (in case of delegation of the state powers based on the agreement);
2) Ceased to be valid according to the Law of the Kyrgyz Republic of 29.07.2024 No. 152
3) terms of delegation of the state powers;
4) the amounts target financial and the appliances necessary for implementation of the delegated state powers;
5) the rights and obligations of local government body when implementing of the delegated state powers;
6) the rights and obligations of state body in case of delegation of separate state powers;
7) Ceased to be valid according to the Law of the Kyrgyz Republic of 29.07.2024 No. 152
8) method of calculation of amount of transfers (subventions) provided to local budgets from the republican budget for implementation of the separate delegated state powers;
9) responsibility of local government bodies for non-execution or inadequate implementation of the delegated state powers;
10) the bases and procedure for the termination and suspension of execution of the delegated state powers;
11) procedure and terms of return of unused material, financial and other resources;
12) the rights and obligations of the specialists performing the delegated state powers;
13) responsibility of authorized state body;
14) other terms and conditions necessary for implementation of the state powers delegated to local government bodies.
5. Voided according to the Law of the Kyrgyz Republic of 29.07.2024 No. 152
6. Voided according to the Law of the Kyrgyz Republic of 29.07.2024 No. 152
In case of delegation to local government bodies of the state powers based on the law and other regulatory legal act requirements of provisions of article 3 of this Law shall be observed.
1. Delegation to local government bodies of separate state powers can be performed based on the contract signed between public authorities and local government bodies with observance of requirements of provisions of article 3 of this Law.
2. The standard agreement about delegation of separate state powers to local government bodies affirms the resolution of the Cabinet of Ministers of the Kyrgyz Republic.
1. Delegation of the state powers is allowed only in cases when public authorities along with delegation of the state powers provide the material, financial or other resources necessary for their execution, including target transfers (subventions) from the republican budget in the local budget.
2. Target transfers (subventions) include the compensation of the specialist, traveling expenses, expenses connected with advanced training and other financial expenses necessary for accomplishment of the delegated state powers.
3. The amount of financial resources on implementation by local government bodies of the delegated state powers is determined by the Cabinet of Ministers of the Kyrgyz Republic based on method of calculation of amount of transfers (subventions).
4. The financial resources necessary for implementation of the delegated state powers, are provided in the republican budget by the individual clause.
5. The financial resources transferred from the republican budget to local government bodies for implementation of powers are enlisted and considered in structure of the income and expenses of the local budget by the individual clause.
6. The inappropriate expenditure of the material and financial resources received for implementation of the delegated state powers is forbidden to local government bodies.
1. Local government bodies when implementing of the delegated state powers have the right:
1) to require timely and in full transfer of the material, financial and other resources provided for implementation by local government bodies of the delegated state powers;
To receive 2) from public authorities methodical, organizational, advisory and other help.
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