of May 13, 2003 No. 454-IIQ
About administrative supervision of activities of municipalities
This Law establishes the legal basis of implementation of administrative supervision of activities of municipalities in the Azerbaijan Republic.
Administrative supervision of activities of municipalities is the activities performed for the purpose of ensuring compliance by municipalities, municipal authorities and their officials (further - "municipalities") the Constitution and the laws of the Azerbaijan Republic, presidential decrees of the Azerbaijan Republic and resolutions of the Cabinet of Ministers of the Azerbaijan Republic (and in the Nakhchivan Autonomous Republic, besides, Constitutions, the laws of the Nakhchivan Autonomous Republic and resolutions of the Cabinet of Ministers of the Nakhchivan Autonomous Republic), elimination of the facts which caused them the reasons and circumstances of violation by municipalities of the legislation.
The legislation on administrative supervision of activities of municipalities consists of the Constitution of the Azerbaijan Republic, international treaties which participant is the Azerbaijan Republic, the Law of the Azerbaijan Republic "About the status of municipalities", this Law, other laws and regulatory legal acts regulating activities of municipalities.
3.1. Administrative supervision of activities of municipalities is exercised by relevant organ of the executive authority of the Azerbaijan Republic.
3.2. The relevant commissions of municipalities and voters can be involved in implementation of administrative supervision of activities of municipalities.
3.3. Results of consideration of activities of municipalities according to the procedure of administrative supervision appear municipality to the population and are placed on special boards before the municipality building.
4.1. Administrative supervision of activities of municipalities is exercised only according to the procedure and the cases provided by the Constitution and the laws of the Azerbaijan Republic.
4.2. Administrative supervision of activities of municipalities is exercised only from the point of view of respecting the rule of law.
4.3. Supervision of implementation of the additional powers conferred to municipalities by the legislative and executive authorities according to part II of article 144 of the Constitution of the Azerbaijan Republic can be assigned by these authorities to the body exercising administrative supervision.
4.4. Administrative supervision cannot limit the rights of municipalities to the independent and free decision within the law of questions of local value.
4.5. When implementing administrative supervision intervention in activities of municipalities shall answer the purpose provided by the law.
4.6. it is cancelled according to the Law of the Azerbaijan Republic of 27.06.2019 No. 1622-VQD
5.0. Treat the bases for production of administrative supervision:
5.0.1. contradiction of acts, stipulated in Article 6 these Laws, to the regulatory legal acts specified in article 1 of this Law;
5.0.2. availability of the appeal of physical person or legal entity or state body (organization), declaring causing by municipality damage to their rights or legitimate interests.
6.1. For the purpose of ensuring implementation of administrative supervision on the basis, the stipulated in Article 5.1.1 this Law, municipalities shall place in information system of the body exercising administrative control no later than 3 working days from the date of adoption of acts (further - information system):
6.1.1. it is excluded;
6.1.2. acts of use of the financial resources allocated from the government budget;
6.1.3. acts of implementation of the property right concerning the property which is in municipal property;
6.1.4. acts of application of the local taxes and payments;
6.1.5. the decisions reflecting results of local poll of opinion;
6.1.6. acts from which expenses and financial liabilities for municipalities follow;
6.1.7. decisions on legalization of results of meeting (meetings) held in connection with consolidation and department of municipalities.
6.1.8. decisions on discussion at meetings of municipality of offers and recommendations of the body exercising administrative supervision of activities of municipality in connection with ensuring compliance with the principles of legality.
6.2. For the purpose of determination of compliance of the municipal act sent it to regulatory legal acts, the stipulated in Article 1 this Law, the body exercising administrative control provides consideration of this act within 15 working days in case of need of conducting additional investigation - 30 working days, from the date of its placement in information system. If in course of production receipt of additional data or documents, the body exercising the administrative control having the right to extend this term for 30 working days is required.
7.1. The address, the stipulated in Article 5.0.2 presents of the Law, can be submitted within 6 months from the date of violation of the rights or legitimate interests of the applicant or from that day when he knew of it.
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