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LAW OF THE REPUBLIC OF BELARUS

of January 4, 2010 No. 108-Z

About local authority and self-government in the Republic of Belarus

(as amended on 31-12-2021)

Accepted by the House of Representatives on December 11, 2009

Approved by Council of the Republic on December 17, 2009

This Law determines legal and organizational basis of local authority and self-government in the Republic of Belarus.

Chapter 1. General provisions

Article 1. Concept of local self-government and system of its bodies

1. Local self-government - form of the organization and activities of the population living in the corresponding territory (further, unless otherwise specified, - citizens), for the independent decision is direct or through the bodies of social, economic and political affairs of local value elected by it proceeding from state interests and interests of citizens, features of development of administrative and territorial units on the basis of own material and financial base and the raised funds.

Local self-government is performed through local councils of deputies (further - Councils), bodies of territorial public self-government, local meetings, local referenda, initiatives of citizens of decision making of Councils, participation of citizens in financing and (or) expense recovery of the budget for the purposes and other forms of participation of citizens in the public and public affairs determined by them.

2. The system of local government bodies includes Councils and bodies of territorial public self-government.

3. The system of Councils in the Republic of Belarus consists of three territorial levels: regional, basic and primary also includes regional, city, regional, settlement and village councils.

Councils treat regional territorial level regional, Minsk city (further, unless otherwise specified, - Councils of regional level). Councils of regional level are higher in relation to Councils of basic and primary territorial levels.

Regional councils treat basic territorial level city (the cities of regional subordination) (further, unless otherwise specified, - Councils of basic level). Councils of basic level are higher in relation to Councils of primary territorial level.

The Minsk city council has also rights of Council of basic level.

Settlement, village councils treat primary territorial level city (the cities of district subordination) (further, unless otherwise specified, - Councils of primary level).

Article 2. Concept of local authority and system of its bodies

1. Local authority - form of the organization and activities of local executive and administrative organs (further - executive and administrative organs) for the solution of questions of local value proceeding from state interests and interests of citizens.

2. The system of local authorities consists of three territorial levels: regional, basic and primary also includes regional, city, district, settlement and rural executive committees (further - executive committees) and local administrations of areas in the cities (further, unless otherwise specified, - local administrations).

Executive committees treat regional territorial level regional, Minsk city (further, unless otherwise specified, - executive committees of regional level). Executive committees of regional level are higher in relation to executive and administrative organs of basic and primary territorial levels.

District executive committees treat basic territorial level city (the cities of regional subordination) (further, unless otherwise specified, - executive committees of basic level). Executive committees of basic level are higher in relation to executive and administrative organs of primary territorial level.

The Minsk city executive committee has also rights of executive committee of basic level.

Settlement, rural executive committees (further, unless otherwise specified, - executive committees of primary level), local administrations treat primary territorial level city (the cities of district subordination).

Article 3. Basic principles of local authority and self-government

The local authority and self-government are performed according to the following basic principles:

legality;

social justice;

protection of the rights and legitimate interests of citizens;

combination of state and local interests, participation of local authorities and self-government in the solution of the questions affecting the rights and legitimate interests of citizens;

unity and integrity of system of local authority and self-government;

interaction of local authorities and self-government;

differentiation of competence of local authorities and self-government;

selectivity of local government bodies, their accountability to citizens;

publicity and accounting of public opinion, permanent informing citizens on the made decisions on the most important questions of local value;

responsibility of local authorities and self-government for legality and justification of the made decisions;

obligation of execution in the corresponding territory of decisions of Councils, the executive and administrative organs accepted within their competence;

independence and independence of local government bodies within the competence of the solution of questions of local value, non-admission of restriction of powers of the local authorities and self-government, except as specified, provided by this Law and other legal acts.

Article 4. Legal basis of local authority and self-government

The local authority and self-government will be organized and performed on the basis of the Constitution of the Republic of Belarus, this Law and other acts of the legislation, and also international treaties of the Republic of Belarus.

Article 5. Role of Councils, executive and administrative organs in enhancement of the organization of work with citizens and legal entities

1. Councils hold events for enhancement of the organization of work with citizens and legal entities, including for implementation in activities of state bodies and other state organizations of the declarative principle of one window.

2. For the purpose of enhancement of the organization of work with citizens and legal entities Councils, executive and administrative organs within the competence according to the procedure, established by the legislation:

2.1. consider addresses of citizens, including individual entrepreneurs, and legal entities (further – addresses of citizens and legal entities), including with departure into place, keep the book of notes and offers;

2.2. take measures for complete, objective, comprehensive and timely examination of addresses of citizens and legal entities;

2.3. will organize personal reception of citizens, including individual entrepreneurs, and representatives of legal entities (further – personal reception of citizens and representatives of legal entities);

2.4. perform ministerial procedures, on systematic basis hold events for their simplification, including by reducing number of the documents necessary for their making, terms of implementation of such procedures, the direction of offers in the relevant state bodies and other organizations.

Article 6. Role of Councils, executive and administrative organs in ensuring social protection of citizens

Councils, executive and administrative organs within the competence according to the procedure, established by the legislation, take measures for ensuring social protection of citizens in the corresponding territory, including by provision of the government address public assistance, appointment and pension payment, benefits, rendering other types of social support.

Article 7. Associations of Councils. National association of local councils of deputies

1. Councils for the purpose of effective implementation of the powers, protection of common interests and rendering mutual assistance in the solution of questions of local value, other assistance to implementation of functions of local self-government have the right to create associations in the form of associations of Councils. Associations of Councils, the Minsk city council can create National association of local councils of deputies.

State registration of the associations specified in part one of this Item is performed according to the procedure, established by legal acts for associations (unions) of non-profit organizations.

2. The associations specified in part one of Item 1 of this Article are legal entities whose property is created at the expense of fees of their members and other sources according to the legislation.

Financing of activities of the called associations is performed at the expense of the money belonging to them and other property including received from the activities which are bringing in incomes, the free (sponsor's) aid and also other sources which are not forbidden by the legislation.

Article 8. Council on interaction of local government bodies under Council of the Republic of National assembly of the Republic of Belarus

For interaction with local government bodies under Council of the Republic of National assembly of the Republic of Belarus Council for interaction of local government bodies can be created. The regulations on this Council affirm Council of the Republic of National assembly of the Republic of Belarus.

Chapter 2. Councils

Article 9. Councils

1. Councils are the representative state bodies created in the procedure established by the legislation in the territory of the corresponding administrative and territorial units and the main link of system of local self-government.

2. Councils perform the powers according to the Constitution of the Republic of Belarus, this Law and other acts of the legislation.

3. Councils are accountable in the activities to citizens, are responsible before them.

4. Councils are legal entities.

Article 10. Election of Council. Term of office of Council

1. Council is elected by citizens of the corresponding administrative and territorial unit on the basis of general, free, equal and direct suffrage in case of the secret vote for a period of four years according to the procedure established by the Electoral code of the Republic of Belarus.

2. Powers of Council begin from the date of opening of the session of Council, the first after elections, and remain before opening of the first session of Council of new convocation, except as specified, the stipulated in Article 24 presents of the Law.

Article 11. Activities of Council

1. Council in the activities for the solution of questions of local value proceeds from state interests and interests of citizens, participates in discussion of the questions of republican value infringing on interests of the corresponding territory makes on them the offers in the relevant state bodies and other organizations, performs decisions of higher state bodies.

2. Council performs the activities in the form of sessions and through activities of bodies of Council, and also by realization by deputies of Council of the powers, including by means of creation and activities of deputy groups and other deputy associations.

3. Bodies of Council are the presidium, the permanent and temporary commissions of Council.

4. Council will organize the work on the basis of the regulations approved by Council in which are determined procedure for preparation, introduction and consideration of questions at the sessions of Council and meetings of its bodies, votes by the made decisions, forming and activities of the commissions of Council, hearing of reports on their work, consideration of requests of deputies of Council and the solution of other questions of the organization of work of Council and its bodies, and also responsibility of deputies of Council for nonparticipation in its work without valid excuse.

5. Higher Councils perform coordination of activities of subordinate Councils and their bodies, give them organizational and methodical help.

6. Organizational and technical and other ensuring activities of Council and the bodies created by it is performed by the office of Council and executive committee at the expense of means of the corresponding local budget. The number of staff of Council is determined by the President of the Republic of Belarus.

7. The questions infringing on interests of the adjacent territories are solved the relevant Councils jointly.

Article 12. Session of Council

1. The main form of activities of Council is the session which is convened as required, but at least once a quarter. The first session of newly elected Council is convened by the relevant territorial election commission when electing more than a half of deputies from the total number established for this Council not later than in 30 days after elections. The sessions of Council are held in the form of meetings according to the procedure, determined by regulations of Council.

2. The first meeting of newly elected Council before election of the chairman of the board is conducted by the chairman of territorial election commission, and in its absence - the member of said commission, the acting as its chairman.

3. The sessions of Council are convoked and held according to regulations of Council the chairman of the board, and in case of its absence or according to its order - his deputy. The session of Council is convened by presidium of Council or the chairman of the board:

3.1. at the initiative of at least than one third of number of the elected deputies of Council, the chairman of the relevant executive committee, and also at the initiative of at least 10 percent of the citizens having the voting rights and living in the corresponding territory;

3.2. upon the demand of the President of the Republic of Belarus or higher Council - in case of infringement by Council of the rights and legitimate interests of citizens, other violation of the law.

4. The session of Council is held openly and publicly, except for case when according to the decision of Council holding private meeting is necessary. The session is competent if at least two thirds of number of the elected deputies participate in it.

4-1. In case of change of the administrative-territorial device with the subsequent reorganization of Council the session of Council is convened within a month after reorganization and is competent if at least two thirds of number of the deputies of Council who were its part (remained in its structure) as a result of reorganization participate in it.

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