LAW OF THE REPUBLIC OF MOLDOVA

of July 31, 2023 No. 225

About voluntary enlargement of administrative and territorial units

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Purpose and subject of regulation

(1) This law regulates the principles, the main conditions, criteria and the procedure of voluntary enlargement of administrative and territorial units (further - ATE) the first level, accession of one or several ATE to the integrated administrative and territorial unit, and also competence of bodies of the central and local public authority and form of support of process of voluntary enlargement by bodies of the central public management.

(2) the Purpose of this law is creation of the regulatory base necessary for voluntary enlargement of ATE of the first level for the purpose of consolidation of administrative capability of bodies of local public authority and provision to the population of high-quality and available public services.

Article 2. General concepts

For the purposes of this law the following basic concepts are used:

voluntary enlargement - consolidation on voluntary basis of two or several ATE of the first level based on decisions of the relevant local councils with observance of the main conditions, criteria and procedures provided by this law, methodology of voluntary enlargement of ATE developed and approved by the Government, and other regulations;

the administrative center of the integrated administrative and territorial unit (the administrative center of the integrated ATE) - ATE of the first level located, as a rule, is closer than the others to the geographical center of the territory of the integrated administrative and territorial unit, ATE chosen by common consent all which initiated process of voluntary enlargement and take part in it;

process of voluntary enlargement - initiation, carrying out consultations, development of the conclusion and approval of merging of two or several ATE of the first level therefore the integrated administrative and territorial unit is formed;

financial incentives - the transfers of general and special purpose performed for the integrated administrative and territorial units or, depending on case, for those ATE which local councils made the decision on initiation of process of voluntary enlargement or on participation in it for the purposes of development and/or enhancement of public infrastructure and public services in the integrated administrative and territorial units and are more whole than support of their budgets. Financial incentives are provided from Fund of voluntary enlargement of settlements, and also from other national funds and the budget sources;

the integrated administrative and territorial unit (integrated with ATE) - ATE formed by merging of two or several ATE of the first level according to the procedure, provided by this law and other regulations.

Article 3. Basic principles

Voluntary enlargement is based on the following principles:

a) voluntary nature - voluntary enlargement is performed on a voluntary basis based on decisions of the relevant local councils;

b) availability of public services - voluntary enlargement occurs taking into account availability of public services to inhabitants of all integrated ATE;

c) transparency in decision making process - in the course of voluntary enlargement is provided carrying out consultations with inhabitants of all considered ATE with use of methods and forms, stipulated by the legislation;

d) consolidation of economic and social unity - in the course of voluntary enlargement historical, natural, ethnic, cultural and other significant factors for ensuring social and economic development of the considered communities are considered;

e) cooperation between bodies of public management - bodies of the central public management provide information, organizational, methodological and financial aid in process of voluntary enlargement.

Article 4. Subjects of voluntary enlargement

Subjects of voluntary enlargement are ATE of the first level established according to the Law on the administrative-territorial device of the Republic of Moldova No. 764/2001.

Article 5. Main conditions and criteria of voluntary enlargement

(1) Voluntary enlargement is performed in case of cumulative accomplishment of the following main conditions and criteria:

a) the territory of the integrated ATE shall be indissoluble;

b) population of the integrated ATE shall make, as a rule, at least 3000 inhabitants according to the official data on population provided to National bureaus of statistics;

c) the distance from the administrative center of the integrated ATE to the center of any of ATE entering it calculated proceeding from the existing roads shall not exceed 25 km. In case of communes the specified distance is calculated to the center of the village residence. Such distance can be 5 km more if the existing road infrastructure allows to overcome it no more than in 30 minutes.

(2) the Integrated ATE can be formed of ATE of the first level entering into different ATE of the second level. In that case the integrated ATE is part of ATE of the second level in which there is administrative center of the integrated ATE.

(3) Within voluntary enlargement combining ATE of the first level, entering autonomous territorial educations with special legal status, can be performed only with other ATE of the first level entering the corresponding autonomous territorial education.

Article 6. Criteria of the choice of the administrative center of the integrated ATE

(1) the Choice of the administrative center of the integrated ATE is performed based on the following criteria:

a) demographic criterion - ATE with the greatest population;

b) tax security on one inhabitant - ATE with the greatest tax security calculated as ratio between the income collected from income tax in the relevant ATE and number of its population;

c) potential of provision of public services - ATE with the highest level of connection of inhabitants to public service of water supply and the sewerage.

(2) In case of the choice of the administrative center of the integrated ATE for each of the criteria provided in part (1), about one point is charged. As the administrative center of the integrated ATE ATE which gathered the greatest number of points among ATE which are taking part in the corresponding process of voluntary enlargement gets out.

(3) In case several ATE provided in part (2), the identical number of points gathered, the following selection criteria for which it is charged on point 0,5 are applied:

a) ATE with the greatest number of pupils in organizations of preschool, primary and secondary education;

b) ATE with the greatest number of educational institutions (kindergartens, gymnasiums, lyceums);

c) ATE with the greatest number of the centers of family doctors.

Chapter II of Competence central and regional authorities

Article 7. Powers of the Government

The government performs the following powers:

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