LAW OF THE REPUBLIC OF MOLDOVA

of December 28, 2006 No. 436-XVI

About local public authority

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 community - set of inhabitants of administrative and territorial unit;

local public authority - set of the local authorities of the public power created according to the law for protection of common interests of the population of separate administrative and territorial unit;

bodies of local public authority of the first level - set of the bodies of the public power created and operating in the territory of the village (commune), the city (municipium) for protection of interests and the problem resolution of local communities;

bodies of local public authority of the second level - set of the bodies of the public power created and operating in the territory of the area, municipiums of Chisinau and Belts for protection of interests and the problem resolution of the population of the corresponding administrative and territorial unit;

bodies of local public authority of special level - the People's Assembly, the CHAPTER and Executive committee founded and operating in the territory of autonomous territorial education Gagauzia which has the special level of management for the solution of questions of political, economic and cultural nature for the benefit of all population;

primar - the representative authority of the population of administrative and territorial unit and the executive authority of local council chosen on the basis of general, equal and direct suffrage in case of secret and free vote;

primeriya - the functional structure helping primar to perform its warrants of law;

local council - the body of the representative and competent authority of the population of administrative and territorial unit of the first or second level elected for the purpose of the problem resolution of local value;

the chairman of the area - the executive authority of regional council;

the office of the chairman of the area - the functional structure helping the chairman of the area to perform its warrants of law;

the annual budget decision - the legal act of local council which the local budget affirms and special regulations on the local budget for the corresponding fiscal year are established;

the administrator of the budget - the executive body of administrative and territorial unit given the right of management of the corresponding local budget according to the competences and otvetstvennost provided by the Law on local public finance No. 397/2003.

Article 2. Sphere of regulation

(This law establishes 1) and regulates procedure for the organization and functioning of bodies of public management in administrative and territorial units.

(2) the Procedure for the organization and functioning of bodies of local public authority of special level is regulated by this law in the part which is not contradicting provisions of the Law on special legal status of Gagauzia (Gagauz Erie) No. 344/1994.

(3) Control of compliance with law in autonomous territorial educations with special legal status is exercised by the Government through the central industry bodies according to this law.

Article 3. Basic principles of local public authority

(1) Public management in administrative and territorial units is based on the principles of local autonomy, decentralization of public services, selectivity of local authorities of the public power and carrying out consultations with citizens on the most important problems of local value.

(2) Organa of local public authority have autonomy in decision making, organizational, managerial and financial autonomy, and also the right to initiative in all that concerns management of local public cases, performing the power within the subordinated territory according to the law.

(3) Use of the principles listed in this Article cannot affect unitary and indivisible nature of the state.

Article 4. Legal status of administrative and territorial unit

The administrative and territorial unit is legal entity of the public law and owns the property delimited according to the law from state-owned property and property of other administrative and territorial units.

Article 5. Subjects of local autonomy

(1) Bodies of local public authority by means of which local autonomy in villages (communes), the cities (municipiums) is performed are local councils as authorized bodies of the power and primara as the executive authority.

(2) Bodies of local public authority by means of which local autonomy in areas is performed are regional councils as authorized bodies of the power and chairmen of areas as the executive authority.

(3) Local councils of both the first, and second level, and also primara are elected according to the Code about elections.

(4) Bodies of public management of autonomous territorial education Gagauzia by means of which local autonomy is performed are People's Assembly as representative body, the CHAPTER (Bashkan) and Executive committee as executive bodies.

Article 6. Relations between bodies of public management

(1) Local and regional councils, primara and chairmen of areas are effective as the independent managing authorities and solve public affairs of villages (communes), cities (municipiums) and areas according to the law.

(2) the Relations between the central and local authorities of the public power are based on the principles of autonomy, legality, publicity and cooperation in the solution of common problems.

(3) the Relations between the central and local authorities of the public power, and also between bodies of the public power of the second level and bodies of the public power of the first level have no subordinate character, behind the exceptions provided by the law.

(4) Any administrative control of activities of local authorities of the public power shall not pursue other aim, except ensuring compliance with the law and the constitutional principles, and control of feasibility can be exercised according to the law only concerning accomplishment of the delegated powers.

(5) the Central bodies of public management hold consultations with representative associations of bodies of local public authority concerning local public authority.

(6) Provisions of this Article are applied as appropriate and to bodies of public management of autonomous territorial education with special legal status.

Article 7. Autonomy and legality of activities of bodies of local public authority

When implementing the powers bodies of local public authority use the autonomy fixed and guaranteed by the Constitution of the Republic of Moldova, the European charter of local self-government and other agreements, one of the parties of which is the Republic of Moldova.

Article 8. Consultations with the population

(1) On the questions having special value for administrative and territorial unit consultations with the population by holding local referendum can be held according to the Code about elections.

(2) concerning local value, being of interest to part of the population of administrative and territorial unit, public hearings and interviews according to the law can be held with this part of the population of consultation.

(3) According to drafts of decisions of local council public consultations with observance of the procedures established by each body of the representative and competent authority of the population of administrative and territorial unit of the first or in need of the second level are held according to the law.

Article 9. Financial support of local autonomy

For providing local autonomy bodies of local public authority are developed, claimed and independently dispose of budgets of administrative and territorial units, and also has the right to impose the local taxes and charges and to establish their sizes according to the law.

Article 10. Organization of activities of local authorities of the public power

(1) Local authorities of the public power perform the activities in the spheres determined by the Law on administrative decentralization. They have for this purpose all completeness of powers which cannot be challenged or limited to any body of the public power, except as within the law.

(2) Powers of local authorities of the public power are differentiated within this law on powers of authorized bodies and executive bodies of the first and second levels.

(3) the Central bodies of public management cannot establish or assign to local authorities of the public power any powers without provisional estimate of financial consequences which execution of these powers, without consultation with local authorities of appropriate level and without providing local community with necessary financial resources can entail.

(4) Organa of local public authority shall be convinced that the persons holding responsible state positions in their structure and leading the state positions have the strengthened qualified digital signature and use it in case of execution of powers. In the course of implementation of administrative production, in the course of communication with the corresponding persons / organizations and when rendering services in the sphere of the competence bodies of local public authority use electronic means of communication in process of their availability and functionality. Documents and administrative acts of individual nature are published in electronic form, and copies are on paper published only at the request of the corresponding person, for archive or if it is provided by provisions of the legislation or international treaty. Administrative cases are constituted and conducted mainly electronically.

Article 10-1. Ensuring accounting of acts of bodies of local public authority

a) decisions of local councils of the first and second levels;

b) orders of primar and chairman of the area;

c) acts of pretor;

d) other acts of local authorities of the public power which are subject to mandatory control of legality according to Article 64.

(2) Drafts of regulations of bodies of local public authority are brought to the attention of the public for the purpose of carrying out consultations on them not later than 15 working days about day of approval of the act. Adoption of acts is quickly performed according to the Law on transparency of decision making process No. 239-XVI of November 13, 2008.

(3) the Agenda of meeting of local/regional council is hung out in public places and takes place on the web page of council for the purpose of its public consultation not later than three working days about day of meeting.

Article 10-2. State register of local acts

(1) the State register of local acts is the state information resource containing electronic texts of acts of bodies of local public authority and additional data relating to them established by the order of the Government.

(2) the State register of local acts has the following functions:

a) accounting, registration and storage of acts of bodies of local public authority;

b) ensuring access of the public to acts of bodies of local public authority;

c) provision of mechanisms of implementation of administrative control of acts of bodies of local public authority.

(3) the Law guarantees free access to the State register of local acts.

(4) the Regulations of bodies of local public authority introduced in the State register of local acts except for of the acts containing personal data are available to the public without restrictions. The acts containing personal data and acts of individual nature are introduced in the State register of local acts, and access to them is regulated by the Marine life protection act of personal data No. 133 of July 8, 2011.

(5) Creation, management and maintaining the State register of local acts are performed in the procedure established by the Government.

(6) Creation, management and maintaining the State register of local acts are performed according to the Law on registers No. 71-XVI of March 22, 2007.

Chapter II Local councils (rural, municipal, city, municipal)

Part 1 Structure and formation of local councils

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