Accepted at the tenth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS by the resolution of December 6, 1997, No. 10-17

MODEL LAW

About the general principles of the organization of local self-government

This model law according to the Constitution of the State Party of the Commonwealth of Independent States determines role of local self-government in democracy implementation, establishes organizational, legal, economic and financial basis of local self-government, and also the state guarantees of its implementation in the State Party of the CIS (further the state).

Chapter 1. General provisions

Article 1. Basic concepts and terms

1. Concerning this Law of concept and terms are used in the following values:

the municipality - the residential, rural location, several settlements combined by the general territory, part of the settlement, other inhabited territory within which local self-government is performed are available municipal property, the local budget and elected bodies of local self-government;

questions of local value - the questions of ensuring life activity of the population of the municipality carried to those by the charter of the municipality according to the Constitution of the state and this Law;

local referendum - the vote of citizens which is binding concerning local value, and also infringing on the vital interests of the population living in the territory of the municipality;

local government bodies - the authorities of the people created proceeding from direct declaration of will of the population of the municipality, given authority on the solution of questions of local value and which are not a part of the system of public authorities;

elected body of local self-government - the local government body elected by the population of the respective municipality on the basis of general equal and direct suffrage in case of secret vote;

representative body of local self-government - the elected collegiate organ of local self-government having rights to represent the interests of the population and to make the decisions existing in the territory of the municipality from his name;

the official of local self-government - the elective or working under the contract (employment contract) person performing organizational and administrative functions in local government bodies and not belonging to the category of government employees;

the elected official of local self-government - the face chosen the population of the municipality is direct or representative body of local self-government from the structure and allocated according to the procedure, determined by the charter of the municipality, powers on the solution of questions of local value;

the charter of the municipality - the municipality regulatory legal act having the highest legal force in relation to other legal acts of the municipality;

municipal property - property of the municipality;

the local taxes and charges - the taxes and fees established by local government bodies independently.

2. The terms "municipal" and "local" and phrases with these terms are applied to local self-government, the companies, organizations and the organizations, objects of property and other objects which purpose is connected with implementation of functions of local self-government, and also in other cases concerning implementation by the population of local self-government.

Article 2. Local self-government

Local self-government is understood as the form of realization of the power of the people performed by means of independent and under the responsibility of activities of the population of municipalities for the solution of questions of local value according to the constitution and the laws of the state.

Issues of local value are resolved by the municipality population directly or through the representatives elected by it (collegiate organs of local self-government, elected officials of local self-government).

Article 3. Right of citizens of the State Party of the Commonwealth to implementation of local self-government

1. Citizens of the State Party of the CIS (further - citizens) perform the right to local self-government in residential, rural locations and other municipalities according to the state guarantees of the voting rights of citizens by referendum, elections, other forms of direct declaration of will, and also through electoral and other local government bodies.

2. Citizens have the equal rights to implementation of local self-government as it is direct, and through the representatives irrespective of floor, race, nationality, language, origin, property and official capacity, the relation to religion, beliefs, belonging to public associations.

3. Citizens have the right to choose and be elected to local government bodies.

4. Citizens have equal access to municipal service.

5. Citizens have the right to address to local government bodies and to his officials.

6. Local government bodies and his officials shall provide to citizens access to the documents and materials which are directly affecting rights and freedoms of man and citizen, and also possibility of receipt of other complete and reliable information about activities of local government bodies if other is not provided by the law.

7. The rights to implementation of local self-government can be limited only to the law and only in that measure in what it is necessary for the purpose of protection of the constitutional system, ensuring defense of the country and safety of the state.

Article 4. The right of persons who are not citizens of the State Party of the Commonwealth to participation in local self-government

The persons who are not citizens, constantly living in the state can take part in implementation of local self-government in the limits established by the law or the international treaty.

Article 5. Fundamental approaches to implementation of local self-government

Local self-government in the state is performed proceeding from the following fundamental provisions:

- local self-government is indivisible element of democratic state system, form of implementation of the power oriented to direct ensuring life activity of the population;

- citizens have rights to the independent solution of local cases (questions of local value) guaranteed by the state through institutes of local self-government;

- local self-government is performed in all territory of the state, except for the territories which are directly specified by the law;

- local self-government is performed in borders of naturally developed settlements and other territories in which the complex solution of questions of direct life activity of the population is provided;

- local self-government is performed taking into account national and historical peculiarities, and also other local conditions;

- local self-government has own competence and financial independence;

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