of November 14, 2003 No. 457-XV
About approval of the Standard regulations on education and functioning of local and regional councils
Based on part (3) article 72 of the Constitution of the Republic of Moldova
The parliament adopts this organic law.
Art. 1. - Approve Standard regulations on education and functioning of local and regional councils according to the appendix which is integral part of this law.
Art. 2. - To local and regional councils based on Standard regulations on education and functioning of local and regional councils to develop and approve own provisions.
Art. 3. - Declare invalid the Law on approval of the Standard regulations on functioning of local and district councils No. 554-XIV of July 29, 1999.
Chairman of the parliament
1. The first (constituent) meeting of local, regional council is convened according to the Law about local public justices
lines in 20-day time from the date of recognition valid mandates of advisers.
The local, regional council is considered legally educated if mandates at least two thirds of number of advisers are acknowledged valid.
Convocation of advisers of local council on the first (constituent) meeting of council is performed based on the decision of county electoral council.
Convocation of advisers of regional council on the first (constituent) meeting of council is performed based on the decision of Central Election Commission.
The first meeting of local, regional council is considered competent if at it there are at least two thirds of number of the elected advisers. If this majority cannot be provided, the meeting is held in three days with observance of the same conditions. If in case of repeated convocation the meeting is not competent, in three days new convocation appears. The meeting of the third convocation is competent if at it there is most of the elected advisers. If in this case because of the absence of advisers for the disrespectful reasons council cannot be called, it is considered dismissed by right.
The first (constituent) meeting of council is conducted by the oldest adviser; it is helped by one or two youngest advisers, attendees at meeting.
The representative of county electoral council or, respectively, Central Election Commission also shall participate in the first (constituent) meeting of council.
2. The representative of county electoral council or Central Election Commission informs advisers the decision of degree of jurisdiction on legality of elections in this constituency and about results of recognition valid mandates of advisers and hands them certificates.
3. After legal formation of local, regional council advisers create fractions, alliances, blocks.
The fraction consists of at least than three advisers.
Fractions are created, as a rule, at the first (constituent) meeting of council on lists from batches, the social and political organizations and the electoral blocs. Creation of fraction is recorded. The protocol and the declaration on creation of fraction are transferred to the chairman at meeting who applies them to the minutes of council.
Advisers from batches, the social and political organizations and the electoral blocs which did not gain necessary quantity for creation of fraction, and also independent advisers can unite for creation of fraction or join other fractions.
Newly created fractions elect governing bodies or heads.
Alliances and blocks are formed of several fractions and independent advisers after creation of fractions. Creation of alliances and blocks is recorded. The protocol and the declaration on creation of alliance, the block are attached to the minutes of council on which it was declared their creation.
4. The regional council elects the chairman of the area and his deputy (deputies). Elections are held according to the decision of council by a majority vote of the elected advisers according to the Law on local public authority.
The candidacy is proposed by the chairman of the area after carrying out consultations with fractions for position of the deputy (deputies) chairman of the area.
5. After recognition valid the mandate of primar village (municipal), city (municipal) council elects to position of the deputy of primar any person, including from among advisers. The candidacy is proposed for position of the deputy (deputies) of primar the primary ambassador of carrying out consultations with fractions.
Elections of the deputy (deputies) of primar are performed according to the Law on local public authority.
6. The secretary of village (municipal), city (municipal) and regional council is appointed by the relevant council based on the conclusion of the commission on holding contest for post of the secretary at the first meeting after the announcement of results of the competition organized according to the current legislation.
Division managers, the local public services, the municipal companies subordinated to village (municipal), city (municipal) councils, are appointed by the decision of council made by a majority vote the present advisers on the offer of primar.
Division managers, subordinated to regional councils, persons who won the competition on replacement of the corresponding position organized by the contest committee according to the current legislation designate by the decision of council made by a majority vote the present advisers.
Heads of district public services, municipal companies are appointed to position by regional council according to the proposal of the chairman of the area.
Dismissal of the specified heads is performed by council on the offer of primar of the village (commune), the city (municipium), the chairman of the area or at least than one third of number of the elected advisers by a majority vote to the present advisers on the bases and according to the procedure, stipulated by the legislation.
7. The commission on carrying out tender on replacement of the corresponding position is created by village (municipal), city (municipal), regional council based on Regulations on the organization of the tender on replacement of vacant state position in bodies of the public power approved by the Government.
8. The newly elected local, regional council creates the ad advisory hoc commissions on the main fields of activity.
The main fields of activity on which ad hoc commissions can be formed are given in appendix.
9. Fields of activity on which ad hoc commissions, their name, number of members which always shall be odd are formed are determined by local, regional council depending on specifics and requirements of each administrative and territorial unit. According to the decision of council one commission can be formed on several fields of activity.
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