LAW OF THE REPUBLIC OF ARMENIA

of June 5, 2002 No. ZR-337

About local self-government

Accepted by National Assembly of the Republic of Armenia on May 7, 2002

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law establishes concept, the principles, local government bodies of the Republic of Armenia, obligatory tasks of municipality, power of local government bodies, their legal, economic, financial basis and guarantees, features of local self-government, of the communities having the Council of Elders chosen on pro rata electoral system and also regulates relations of state bodies and local government bodies.

Article 2. Legislation on local self-government

1. Implementation of local self-government in the Republic of Armenia is regulated by the Constitution of the Republic of Armenia, international treaties, this Law, other laws and regulatory legal acts adopted on their basis.

2. Features of local self-government in the city of Yerevan are regulated by the Law of the Republic of Armenia "About local self-government in the city of Yerevan".

3. Features of bodies of intermunicipal associations are established by this Law and the Law of the Republic of Armenia "About intermunicipal associations".

Article 3. Local self-government

1. Local self-government is the right and possibility of local government bodies to resolve public issues of municipal value, proceeding from interests of inhabitants of municipality, according to the Constitution and the laws, under own responsibility.

2. Local self-government is performed in municipalities.

3. Local self-government is performed in all territory of the Republic of Armenia.

Article 4. Municipality and inhabitants of municipality

1. The municipality is community of inhabitants of one or several settlements and administrative and territorial unit.

2. Inhabitant of municipality is person staying on the registry in the register of the population of this municipality.

3. The municipality is legal entity of public law. Features of the status of municipality, and also the organization of municipal life are established by the Constitution of the Republic of Armenia and this Law.

4. The municipality has the property right to the earth, property, and also other property rights.

5. The earth located in the territory of municipality, except for the lands which are property of the state, and also physical persons and legal entities is property of municipality.

5.1. The community and settlements included in structure of the multiinhabited community can have symbols (flag, the coat of arms, the anthem).

6. The municipality has the budget, and also seal with the coat of arms of the Republic of Armenia or municipality and the name.

Article 5. Administrative territory of municipality

1. The administrative territory of municipality covers the territory of one or several settlements which owners can be citizens, legal entities, municipality, the Republic of Armenia.

2. Municipalities, the description of their administrative borders and change of the description of borders are established by the law.

Article 6. Local government bodies

1. Local government bodies are the Council of Elders of municipality and the head of municipality which are chosen for a period of five years.

2. The procedure for elections of local government bodies is established by the Electoral code of the Republic of Armenia.

3. The Council of Elders of municipality is the representative body of municipality performing the powers provided by the Constitution of the Republic of Armenia, this Law and other laws.

4. The Council of Elders of municipality enters the powers not earlier than next day after the expiration of powers of the previous Council of Elders.

5. The head of municipality is executive body of municipality, represents municipality and performs the powers provided by the Constitution, this Law and other laws.

6. The head of municipality enters the position not earlier than next day after the expiration of powers of the previous head of municipality.

7. The head and members of council of elders of municipality elected by early elections enter the powers next day after official publication of election results.

Article 7. Residence of local government bodies

1. Local government bodies are effective in the residence. The decision of the Council of Elders of the Council of Elders municipality can organize the activities in other place.

2. On the residence of the head of municipality and Council of Elders the flag of the Republic of Armenia, and in office of the head of municipality – also the coat of arms of the Republic of Armenia is set.

Article 8. Principles of local self-government

1. In the Republic of Armenia local self-government as one of essential basic principles of democracy is guaranteed. Local self-government is based on the following principles:

1) general power is the right to implementation of any activities, is connected with municipal interests if they are not assigned by the law to other bodies;

2) implementation of the right to local self-government – independently and under own responsibility by means of the local government bodies elected on the basis of common, equal, free voting right;

3) delegation of power of state bodies to local government bodies if these powers can be performed most effectively in municipalities;

4) protection of the rights, legitimate interests and property of municipality according to the procedure, established by the law;

5) integrity and exclusiveness of powers of local government bodies. Cases and procedure for intervention in implementation of powers of local government bodies are established only by the law;

6) implementation of changes of borders of municipality according to the procedure, established by the law, proceeding from public concerns, having listened to opinion of municipality;

7) cooperation with these municipalities and creation of intermunicipal associations for the purpose of increase in efficiency of local self-government;

8) reduction of internal structures of local government bodies in compliance to the solution of municipal tasks;

9) harmony of legal and professional control of activities of local government bodies;

10) compliance of the financial resources necessary for implementation of obligatory tasks by local government bodies;

11) independence of local authority budgets – possibility of forming of the local authority budget from sources of the local government bodies established by the law and orders it under own responsibility;

12) assistance by financial equalization for the purpose of reduction of the difference existing between financial opportunities of municipalities;

13) accountability, openness and transparency of activities of local government bodies;

14) participation of inhabitants of municipality in local self-government.

Article 9. Relations of local government bodies and state bodies

1. Relations of state bodies and local government bodies are regulated by the Constitution and the laws of the Republic of Armenia.

2. The head of municipality for implementation of the powers assigned to it by the law in the sphere of protection of public order can demand in the procedure established by the law the help from the police operating in the territory of municipality that is subject to obligatory execution.

3. The police of times a week provides to the head of municipality information on the offenses made in municipality. Local government bodies in the procedure established by the law can address state bodies and officials for receipt of information necessary for implementation of their powers.

4. The state authorized body established by this Law is the relevant ministry in the sphere of territorial administration.

Article 10. General characteristic of tasks of municipality and powers of local government bodies

1. Tasks of municipality happen obligatory and voluntary.

2. Obligatory tasks of municipality are tasks of social significance which solution provides the normal course of life of municipality.

3. Voluntary tasks of municipality are tasks which do not cause directly normal the course of municipal life and which can be performed in the presence of additional financial resources, in addition to the financial resources necessary for the solution of obligatory tasks.

 4. Obligatory tasks of municipality are established by this Law, and own powers of local authorities for the purpose of their decision – the law.

5. Powers of local government bodies happen own – for the purpose of the solution of obligatory and voluntary tasks of municipality, and also delegated by the state under the law for the purpose of the most effective implementation of powers of state bodies.

Powers of the local government bodies established in sense of this Law are directed only to the solution of obligatory tasks of municipality.

6. Implementation of the powers assigned to state bodies can be transferred under the law to heads of municipality as the powers delegated by the state.

7. The powers delegated by the state are performed according to the procedure, established by the Government of the Republic of Armenia.

8. The powers delegated by the state are subject to obligatory financing from the government budget due to the assignments provided for the purpose of financing of the powers delegated by the state.

9. Local government bodies in the procedure established by the law shall provide execution of own powers established for the purpose of the solution of obligatory tasks of municipality on first priority.

10. The voluntary tasks of municipality, own powers directed to their decision and procedure for their implementation are established by the decision of the Council of Elders.

11. For the purpose of the solution of the voluntary problems of community connected with social support, the community can:

1) to provide the social services provided by the Law of the Republic of Armenia "About social assistance", except for provisions of benefits or other monetary assistance specified in Item 8 of part 1 of article 20 of the Law of the Republic of Armenia "About social assistance";

2) to be developed by the Law of the Republic of Armenia "About social assistance" or other types of social services which are not established by the Government of the Republic of Armenia from written consent of authorized state body in the field of social assistance;

3) to recruit volunteers, involvement of volunteers in process of provision of the corresponding social services according to the procedure, established by the legislation, and control of their work.

12. The powers fixed by this Law which are established for municipalities with certain population for other municipalities are considered as own powers established for the purpose of the solution of voluntary problems.

13. The powers established for local government bodies by other laws except for of the powers delegated by the state are performed by municipalities as own powers.

Article 11. Participation of inhabitants of municipality in local self-government

1. Participation of inhabitants of municipality in local self-government in sense of this Law is established as the process performed in municipality by means of which inhabitants, without discrimination, are informed on activities of local government bodies and can make direct or indirect impact on decisions of local government bodies.

2. In local self-government of municipality each inhabitant of this municipality who reached sixteen-year age in accordance with the established procedure has the participation right.

3. Participation of inhabitants of municipality in local self-government can happen within competences of the local government bodies established by the Constitution of the Republic of Armenia and this Law of spheres of their activities.

4. Inhabitants can participate in local self-government as personally, and through public associations and citizens' initiatives.

5. The municipality, irrespective of population, shall have the official website which creation and maintaining are provided by the head of municipality according to the procedure, established by this Law and the Council of Elders of municipality. On the official website of municipality with possibility of downloading, at least, shall be available:

1) public information on general activities of local government bodies of municipality;

2) the regulatory legal acts adopted by Chapter and the Council of Elders of municipality;

3) five-year development program of municipality, reporting on its implementation;

3. 1) annual working plan of community, report on its implementation;

3. 2) program of medium-term expenses of community;

4) local authority budget, reports on budget implementation;

4. 1) reporting under part of expenses on municipal assignments;

5) results of audit of Auditor chamber of the Republic of Armenia concerning activities of municipality;

6) drafts of regulatory legal acts of the Council of Elders and head of municipality;

7) town-planning program documents of the municipality except for containing the state or protected by the law other secrecy of the list of the parcels of land which are property of municipality, provided in alienation or use with the consent of the Council of Elders of municipality and according to the procedure, established by the Legislation of the Republic of Armenia;

8) forms of statements for the permissions issued in wounds of powers of the head of municipality and general information about quantity and type of the provided permissions;

9) information on decisions of the Council of Elders and the head of municipality on legislative to both the sublegislative initiatives and projects concerning municipality including in the sphere of development programs and the annual budget, the public services rendered by municipality about the planned changes in the sphere of town planning, ecology, activity of the circle;

10) materials, the procedure of meetings with inhabitants, public hearings and discussions in municipality, the place and time of carrying out;

11) results of the public hearings and discussions which are carried out in connection with decisions of the Council of Elders and the head of municipality, and also other documents, stipulated in Item the 9th this part;

12) procedures for participation of inhabitants in local self-government in municipality, forming and functioning of consultative bodies in case of the head of municipality, organization and carrying out open public hearings and discussions in municipality and other procedures;

13) informing on the relevant citizens' initiative in connection with municipal tasks;

14) other information established by the Council of Elders of municipality;

15) general information about the municipal structures which are available in community (educational, cultural, etc.) (the budget, type of activity, the address, contact information) and (or) the address of their official website (in the presence);

16) data on the services provided by municipality and structures operating in its subordination;

17) information connected with the constructions performed in community on the public and municipal funds;

18) information on the property which is municipal property;

19) the information of general nature about the partner representatives of civil society cooperating with local government bodies of community, classified by spheres of social protection, health care, education, environment protection and economic development;

20) gallery (portfolio) of the current and completed projects managed by local government bodies of community, with reasons provided with them social, ecological, health, economic and other impacts, the description of imitating factor;

21) tourist profile of community and the complete information about infrastructures (transport, cards, public services, the available decisions for access for persons with disability, weather risks, the room market, objects of the sphere of entertainments, etc.).

6. Relations of inhabitants of municipalities, their groups, local government bodies, forms, procedures of participation are established by this Law, other laws of the Republic of Armenia, and also procedure for participation of inhabitants in local self-government in municipality.

7. The procedure for participation of inhabitants in local self-government in municipality, taking into account features of this municipality, at least, shall establish:

1) necessary conditions of ensuring knowledge of inhabitants of activities of local government bodies;

2) the sufficient conditions and criteria necessary for practical providing the organization and holding actions for informing and participation of inhabitants of municipality in places, available and convenient for inhabitants, also with ensuring participation of persons with disability and slow-moving groups of municipality.

8. In the communities having 20000 or more inhabitants, drafts of the regulatory legal acts developed by local government bodies are published on the official website of community which shall be provided with interaction with the single website of publication of drafts of legal acts.

Article 12. Obligatory tasks of municipality

1. Obligatory tasks of municipality are:

1) stable development of municipality;

2) improvement of business environment and stimulation of entrepreneurship;

3) property management of municipality;

4) organization of preschool education and out-of-school education;

5) organization of cultural life of municipality;

6) social protection of the population of municipality;

7) the organization of sports life in municipality, stimulation of physical culture and healthy lifestyle;

8) stimulation of room construction in municipality;

9) building, improvement and gardening of settlements of municipality, garbage removal and sanitary cleaning of municipality, ensuring works of municipal services, and also protection and ensuring functioning of municipal cemeteries;

10) the organization of works of public transport in community, content and operation of municipal road infrastructures;

11) contribution to implementation of defense of the state;

12) the organization and implementation of actions for decrease in disaster risks and protection of the population in emergency situations and civil defense;

13) stimulation of development of agricultural industry in municipalities;

14) environmental protection in community, including stimulation of ecological education and education in community;

15) stimulation of tourism development in municipalities;

16) organization of programs and actions for the problem resolution of youth of municipality;

17) stimulation of birth rate and possession of many children in municipality;

18) implementation of programs of protection and improvement of health of the population in municipality, creation of conditions for effective and available primary medical attendance;

19) stimulation of participation of persons with disability in public life of municipality;

20) stimulation of charity for the purpose of creation, financings of cultural, educational, scientific, health, sports, social and other institutions, and also ensuring their financial independence.

Chapter 2. Council of Elders of municipality

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