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of October 16, 2003 No. 397-XV

About local public finance

(as amended on 20-07-2023)

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Basic concepts

In this law the following basic concepts are used in value:

local public finance – set of the economic relations connected with forming and administration of resources of local budgets, debt of administrative and territorial units and other public assets;

local budgets – set of the income, expenses and sources of financing intended for realization of the functions entering according to the legislation competence of bodies of local public authority, and the functions delegated by Parliament on government proposal;

representative and authorized body – local council, regional council, People's Assembly of autonomous territorial education with special legal status and local government boards of Belts and Chisinau;

executive body – primar administrative and territorial unit of the first level, the chairman of the area, the CHAPTER and Executive committee of autonomous territorial education with special legal status, general primar municipium of Chisinau, primar municipium of Belts;

the annual budget decision – the legal act of local council which the local budget affirms and special regulations on the local budget for the corresponding fiscal year are established;

financial management – management of finance of administrative and territorial unit of the second level;

the budget balance – difference of the income and expenses of the budget. The negative balance of the budget represents deficit, positive balance – surplus, and zero balance – the budget balance;

account balance – the cash amount which is registered on accounts of local budgets;

own income – the income of local budgets created according to the Tax code and other legal acts of taxes, charges and other payments arriving directly and completely in the relevant budgets;

standard rates of assignments from the national taxes and charges – the interest rates of assignments from the national taxes and charges established by this law for local budgets;

transfers of general purpose – the financial resources allocated according to legislation provisions in the absolute amount, untied, from the government budget to local budgets for financing of fields of activity of bodies of local public authority;

transfers of special purpose – the financial resources allocated according to legislation provisions in the absolute amount, it is caused, from the government budget and/or other budgets to local budgets for ensuring accomplishment of public functions or for other special purposes;

loans – the financial resources which are subject to return provided for certain term, as a rule, under percent and with observance of requirements of the legislation;

the administrator of the budget – the executive body of administrative and territorial unit given the right of management of the corresponding local budget according to the powers and responsibility provided by this law;

the budget body / budgetary institution – the subject of the public law according to constituent documents financed from the local budget;

the collected income – income gained by the budget bodies / budgetary institutions from performance of works and rendering services for a fee from letting or in lease of public property, and also from donations, the sponsor's help and other money which arrived in ownership of the budget bodies / budgetary institutions on legal causes;

the project financed from external sources – complex of the actions financed by grants and/or loans granted bodies of local public authority by the international organizations and other external donors for achievement of one general and/or several specific purposes;

special collection - the payment levied only from physical persons and/or legal entities who use or use the local public services created in their interests, and completely used by representative and authorized bodies of administrative and territorial units for covering of expenses on creation of local public services, and also for financing of current expenses on content and operation of these services.

Article 2. Local budgets

(Local budgets include 1):

a) the local budgets of the first level representing budgets of villages (communes), cities (municipiums, except for municipiums of Belts and Chisinau);

b) the local budgets of the second level representing district budgets, the budget of autonomous territorial education with special legal status, local authority budgets of Belts and Chisinau.

(2) Local budgets of the first level and the local budget of the second level form the consolidated code of local budgets within the area, autonomous territorial education with special legal status, municipiums of Chisinau and Belts.

(3) Set of local budgets forms the local consolidated budget.

Article 3. Guarantees of financial autonomy

(1) Local budgets, represent independent elements which are developed, affirm and performed on the terms of financial autonomy according to provisions of this law and Law on public finance and budget and tax responsibility, and also the Law on local public authority.

(2) the Amount of the approved (predicted) income which did not arrive in the local budget, and also additional expenses made from the relevant budget are not recovered from the budget of other level.

(3) the Income which arrived in the course of budget implementation over approved in the budget, and also the saved means on expenses remain at the disposal of relevant organs of public management.


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