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LAW OF THE REPUBLIC OF MOLDOVA

of December 28, 2006 No. 435-XVI

About administrative decentralization

(as amended on 16-12-2020)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Basic concepts

In this law the following basic concepts are used in value:

local autonomy - the right and real capability of local authorities of the public power to regulate and manage according to the law under the responsibility and for the benefit of local population considerable part of public affairs;

autonomy in decision making - the right of local authorities of the public power to freely make decisions according to the law without intervention of other bodies of the public power for the purpose of realization of the interests;

organizational autonomy - the right of local authorities of the public power to approve the charter, internal administrative structures, method of their functioning, organizational structure and the staff list according to the law, and also to create legal entities of the public law of local value;

financial and budget autonomy - the right of local authorities of the public power to dispose of own financial resources in sufficient amount and to freely use the resources according to the law by adoption of own local budgets;

powers - set of the rights and obligations of local authorities of the public power in the fields of activity assigned to them.

Article 2. Subject of the law

This law establishes general bases of regulation of administrative decentralization on the basis of the principles of distribution of powers between bodies of the public power.

Article 3. Principles of administrative decentralization

Administrative decentralization is performed on the basis of the following principles:

a) the principle of local autonomy providing guaranteeing the right and real capability of local authorities of the public power to regulate and manage according to the law under the responsibility and for the benefit of local population essential part of public affairs;

b) the principle of subsidarnost providing implementation of public functions by the authorities which are most closer to citizens, except for case when intervention of authorities of the highest level is obvious more preferably that follows from the size and nature of functions and need of ensuring efficiency of public action;

c) the concept of justice providing guaranteeing equal conditions and opportunities for all local authorities of the public power for the purpose of achievement when implementing the powers of objectives;

d) the principle of completeness of powers providing that any powers conferred to local authorities of the public power shall be complete and exclusive their implementation cannot be appealed or limited to other authority, except as in the cases provided by the law;

e) the matching principle of powers to resources providing that the financial and material resources allocated to local authorities of the public power shall correspond to the size and nature of the powers conferred to them for the purpose of ensuring effective implementation of the last;

f) the principle of financial solidarity providing financial support from the state of the least developed administrative and territorial units, in particular, by use of mechanisms of equitable distribution of financial resources;

g) the principle of the institution dialogue providing the informing and coordination with local authorities of the public power performed by the state in reasonable time in planning process and decision making through their public structures on any questions concerning them it is direct or connected with process of administrative decentralization;

h) the principle of the partnership between public and private, public and public, public and civil spheres providing guaranteeing real opportunities of cooperation between the government, local authorities, private sector and civil society;

i) the principle of responsibility of bodies of the local public authority providing realization obligation within the powers of the minimum quality standards of the provided public and socially useful services which are within the competence of data of bodies established by the law assigned to these bodies.

Chapter II. Fields of activity of local authorities of the public power

Article 4. Fields of activity of local authorities of the public power

(1) the following fields of activity are assigned To local authorities of the public power of the first level:

a) city planning and arrangement of the territory at the local level, management of green plantings of local value;

b) collection, step-by-step providing conditions for separate collection and transportation of waste, including sanitary cleaning and content of places of their warehousing;

c) distribution of drinking water, construction and content of systems of the sewerage and the cleaning fulfilled and sewage;

d) construction, content and lighting of streets and provincial roads public;

e) local public transportation;

f) improvement and content of cemeteries;

g) property management, belonging to the local public and private sphere;

h) construction, management, content and equipment of educational institutions of preschool and out-of-school education (day nursery, kindergartens, art and music schools);

i) development and management of city gas distribution networks and heating mains;

j) cultural, sporting, rekreativny events and actions for youth, and also designing, development and management of the infrastructures necessary for implementation of these types of activity;

k) improvement of the agricultural markets, trade rooms, implementation of other measures for the purpose of economic development of administrative and territorial unit;

l) creation and management of the municipal companies, the organization of any activities for the purpose of economic development of administrative and territorial unit;

m) housing construction for social and vulnerable groups and other categories of the population and provision of other benefits by it;

n) organization of territorial services (posts) of rescuers and firefighters;

o) assistance in the procedure provided by the law to protection located in the subordinated territory of cultural heritage and monuments built in public places;

p) ensuring access of the population to library services in the subordinated territory within the powers provided by the Law on libraries No. 160/2017.

(2) the following fields of activity are assigned To local authorities of the public power of the second level:

a) management of public and private spheres of the area;

b) planning and management of works on construction, content and order of some state objects of district value;

c) construction, management and repair of roads of district value, and also road infrastructure;

d) organization of passenger motor transport, management of bus stations and bus stations of district value;

e) city planning and arrangement of the territory at the district level, protection of the woods of district value;

f) support and stimulation of initiatives of economic development of administrative and territorial unit;

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