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LAW OF THE REPUBLIC OF MOLDOVA

of December 28, 2006 No. 436-XVI

About local public authority

(The last edition from 18-06-2019)

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, autonomous territorial education with special legal status for protection of interests and the problem resolution of the population of the corresponding administrative and territorial unit;

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 in autonomous territorial education with special legal status is regulated on the basis of the provisions fixed in the Constitution, the Law on administrative decentralization, the Law on special legal status of Gagauzia and this law.

(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.

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.

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