of April 14, 2000 No. 858-IQ
About joint activities, consolidation, department and liquidation of municipalities
Municipalities in connection with the economic and social situation which arose in them, taking into account historical and other local features, opinion of the corresponding local population can, having united or having separated, to form new municipality.
Municipalities in which for the last 2 years from 4 years which passed since year of carrying out the last municipal elections across the country, population was reduced lower than 3000 people or in which the quantity of households became less than 1000 units taking into account the economic and social situation which arose in them, historical and other local features, according to Millie's decision of Majlis of the Azerbaijan Republic join other municipalities.
Creation by municipality with population less than 3000 people and (or) quantity of households less than 1000 units as a result of consolidation or department is allowed taking into account the economic and social situation which arose in them, historical and other local features.
In the case provided by part one of article 1 of this law, consolidation of municipalities is performed in the following procedure:
1) in each uniting municipality the meeting (meetings) providing expression of the relation to question of merging of municipality at least 25 percent of the citizens who are living in its territory and having the voting rights is held;
2) if more than a half of the participating citizens voted pro merging of municipalities at meeting (meetings) municipalities make the decision on their consolidation and send it for consideration to Millie Majlis of the Azerbaijan Republic;
3) Millie the Majlis of the Azerbaijan Republic according to the legislation of the Azerbaijan Republic makes the decision on merging of municipalities.
In the case provided by the second part of article 1 of this Law, merging of municipalities is performed in the following procedure:
1) each united municipality submits the conclusion in connection with consolidation for consideration in Millie Majlis of the Azerbaijan Republic;
2) Millie the Majlis of the Azerbaijan Republic, taking into account the economic and social situation which arose in municipality with population to 3000 people or quantity of households less than 1000 units, its historical and other local features in the procedure corresponding to the legislation makes the decision in connection with merging of the specified municipality with other municipality.
The name of the municipality which arose according to the procedure, established by the second part of this Article, it is determined according to the name of the municipality having big population among the united municipalities.
The department of municipalities is performed consistently and according to the procedure, specified in part one of article 2 of this Law.
Elections to each of the united or separated municipalities are regulated by the Electoral code of the Azerbaijan Republic.
The status of the united or separated municipality is regulated by the Constitution of the Azerbaijan Republic and the Law of the Azerbaijan Republic "About the status of municipalities".
The property of each of the united municipalities and the rights (obligation) connected with it pass according to the procedure of inheritance of the right to newly created municipality.
Under department of municipalities the issue of the Section of municipal property is resolved according to the procedure, specified in article 8-1 of this Law.
For the purpose of increase in efficiency of activities in economic, social, cultural, ecological and other areas carried to powers of municipalities and strengthenings of interconnection municipalities can perform joint activities.
Joint activities of municipalities are performed based on the decision of municipalities.
For implementation of joint activities between municipalities the agreement is signed. In the agreement spheres of joint activities, the rule of financing, terms and other conditions are specified.
In case of joint activities of municipalities of their territory are left without change.
Municipalities can be liquidated in the following cases:
1) in case of exception in stipulated by the legislation procedure for the respective settlement for the Azerbaijan Republic where the municipality is located, from the State register of territorial units as territorial unit, Millie the Majlis of the Azerbaijan Republic according to the legislation of the Azerbaijan Republic makes changes to the municipal territories.
2) in case of refusal the populations of the corresponding territory from the organization of local self-government local survey of opinion according to the Law of the Azerbaijan Republic "About local poll of opinion" is conducted. When obtaining after holding local poll of opinion of positive result on liquidation of municipality the municipality makes the decision on liquidation and submits it for review in Millie Majlis of the Azerbaijan Republic. Millie Majlis of the Azerbaijan Republic accepts the decision connected with liquidation of municipality according to the legislation of the Azerbaijan Republic.
The property and the related rights (obligations) of the municipality liquidated within the settlement excluded from the State register of territorial units as territorial unit, and integrated with the territory of other territorial unit (the city, the settlement, the village) within which territory there is municipality pass to the relevant municipality according to the procedure of legal succession. Personal and real estate of municipality which ceased to exist as a result of liquidation under other circumstances, is transferred to the order of relevant organ of the executive authority.
Use of municipal lands when settlings with creditors in the course of liquidation is not allowed.
Powers of the liquidated municipality are considered complete from the date of entry into force of the decision made concerning it by Millie Majlis of the Azerbaijan Republic according to the first part of this Article.
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