EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
LAW
ON THE STATUS OF MUNICIPALITIES
OF THE REPUBLIC OF AZERBAIJAN
Unofficial translation
In accordance with the Constitution of the Republic of Azerbaijan, this Law determines: the principles of establishment of
municipalities, which implement self-government; their role; the legal,
economic and financial basis of local self-government, and state guarantees for
its implementation.
I CHAPTER
GENERAL PROVISIONS
Article 1.
Notion of self-government
Local
self-government in the Republic of Azerbaijan is a system of organizing
citizens’ activity that grants to its citizens the ability to resolve important
local issues independently and freely and to implement a part of state issues
in accordance with part II of Article 11 of the Constitution of the Republic of
Azerbaijan for the sake of interests of local population. These rights are
performed by meetings of citizens or collegial bodies (municipalities)
consisting of municipal members, who are elected on the basis of general,
equal, and direct rights to vote, by independent, in-person and secret ballot.
In implementing their functions, municipalities may establish permanent
executive structures, which will report to them.
Article 2. Terminology
1. Municipality –
a form of local self-government within a territory defined by the Law. A
municipality has its own property and local budget and it resolves important
local issues independently within its powers defined by the Constitution of the
Republic of Azerbaijan and this law. Municipalities are established and
function on an equal basis.
2. Municipal
bodies – bodies created by the municipality and not included in the system of
state bodies in order to organize municipal service and with a view to resolve
issues of local importance.
3. Important
local issues – issues related to providing the living conditions of the
population and defined by the Constitution and laws of the Republic of Azerbaijan.
4. Local public
opinion survey – survey of citizens’ opinions on issues of local importance
5. Excluded
6. Official of
the municipal body – a person working on the basis of a contract (labor agreement),
and performing organizational and decision-making functions in local
self-government bodies. He/she is not included in the category of government
employees.
7. Municipal
property – all kinds of movable and immovable property which belong to municipalities.
8. Local taxes
(municipal taxes) – taxes determined by the Tax Code of the Republic of
Azerbaijan and the Law of the Republic of Azerbaijan on Local (Municipal) Taxes
and Payments and paid to municipalities.
8-1. Local
payments – voluntary payments determined by the Law of the Republic of Azerbaijan on Local (Municipal) Taxes and Payments as well as singly paid by
natural and legal persons for financing target projects carried out on the
basis of results of local public opinion survey.
9. Municipal
service – permanent professional activity in local self-government bodies for
implementation of their powers.
10. The terms
‘’municipality” and “local self-government’’ and other word combinations formed
with these terms shall be used in cases on municipalities, their bodies,
institutions, bodies and organizations related to local self-government,
property establishments and other establishments as well as in other cases with
regard to implementation of local self-government by the population.
Article 3. The right
of citizens of the Republic of Azerbaijan to implement local self-government
1. Citizens of
the Republic of Azerbaijan shall implement their right to self-government in
the municipal areas of their residence through municipal elections, direct
expression of their will, public opinion survey, expression of independent
views, proposing of motions and in other forms.
2. Citizens may
implement local self-government directly or via their representatives,
regardless of their race, nationality, gender, language, origin, wealth or
position, their attitude to religion, views, profession, attitude to political
parties, trade unions and other public associations.
3. Citizens of
the Republic of Azerbaijan shall have the right to elect and be elected to local
self-government bodies.
4. All citizens
of the Republic of Azerbaijan shall have an equal access to municipal service.
5. Each citizen
shall be entitled to address to municipalities, municipal bodies and municipal
officials.
6.
Municipalities, municipal bodies or their officials shall be obliged to provide
each citizen with possibility to get acquainted with the documents and
materials directly related to human and citizen rights and freedoms and, unless
otherwise specified in the law, with full information on municipal activities
as well as to fulfill the mandate given them by voters.
Article 4. Local
social protection and social development programmes
1. Local social
protection programmes, in addition to state social safeguards, shall determine
a social allowance for categories of citizens determined by the municipal body.
Those allowances may be paid on permanent or single basis.
2. Local social
protection and social development programmes shall be aimed at resolving
important local social development issues which are not mentioned in the
state’s social development programmes or, in addition to them, social
development issues of local importance. These programs may cover pre-school
upbringing, education, healthcare, culture, maintenance and use of inhabited an
uninhabited buildings, organization, maintenance and development of sanitary
institutions, apartments construction, use of water resources of locally
importance, organization, maintenance and development of local water supply and
sewage, organization of fuel supplies and sales, construction and maintenance
of roads of local importance, organization of local transport and communication
services, creating the environment for organization of trade, public catering
and welfare services, assisting the development of cultural facilities,
maintaining historical and cultural monuments, organization of information
services, creating conditions for mass media activity, providing additional
assistance to people without families, sick, old, poor people, children without
parents or guardians as well as talented children, assisting the development of
physical education and sport, assisting people to find work relevant to their
professions, assisting in socio-legal protection of youth, development of
family settlement farm and other fields of local infrastructure.
3. In
implementing local social protection and social development programs,
municipalities cannot interfere with the state’s implementation of programs
relating to the activities described in Article 4.2 above.
Article 5. Local economic
development programmes
1. Local economic
development programmes shall be intended to resolve important local economic
development issues, which are not mentioned in the economic development
programmes implemented by the state or issues in addition to the state’s
programme. These programmes may cover fields such as agriculture, industry,
communication, transport and others.
Methods of
efficiently using the property given by the state are described in the local
development programs.
2. In
implementing local economic development programmes, municipalities may not
interfere with the state’s implementation of its functions.
Article 6.
Local ecological programmes
1. Local
ecological programmes shall be aimed at focusing the local population on the
solution of locally significant clean environment issues, which are not
mentioned in the ecological programmes implemented by the state or in additions
to these programs. These programs may include
·
maintaining the ecological balance existing in
the local area
·
cleaning and improvement of the municipal area
·
collection, transportation and recycling of waste
products and other measures necessary for tackling other issues in this
field
·
protecting water, air and land from all types of
pollution
·
implementing ecological measures in conjunction
with neighboring municipalities
·
other locally significant measures
6.1
Municipalities shall assist the co-ordination of
the state’s ecological programs with local ecological programs, and may implement
joint measures with the state in specific cases.
Article 7.
Legislation on local self-government
7.1 Legislation
on local self–government shall consist of the Constitution of the Republic of Azerbaijan, its laws, statutes of relevant executive authorities of the Republic of Azerbaijan (in Nakhchivan Autonomous Republic – the Constitution of Nakhchivan
Autonomous Republic and its laws, and also statutes of the relevant executive
authorities of Nakhchivan Autonomous Republic).
Article 8. Charter of
municipality
1. A
municipality’s charter shall be adopted by a municipal meeting or by a
citizens’ meeting.
2. The following
matters shall be stated in the charter:
1) The
composition and borders of the municipality, as determined by law;
2) The names,
structure, powers and regulations for formation of local municipal bodies;
3) The terms of
office;
4) The
regulations for adoption and date of effect of municipal statutes;
5) Types and
basis of the responsibilities of municipal bodies and their officials;
6) Regulations
and basis for: the status of and allowances paid to municipal members;
termination of their term of office;
7) Guarantee of
rights of municipal officials;
8) The terms and
regulations for organization of municipal services;
9) The economic
and financial basis of the implementation of local self-government, general
rules for ownership, usage and giving directions in relation to municipal
property;
10) Other
provisions, in accordance with the law of the Republic of Azerbaijan, in relation
to regulations for organization of local government, and the powers and
functions of municipalities and their officials.
3. A municipal
body’s charter must be registered in accordance with the regulation specified
by the law of the Republic of Azerbaijan. Registration of municipalities shall
be undertaken by the relevant executive authority.
4. A municipal
body’s charter may only be refused registration in cases where it contradicts
the Constitution of the Republic of Azerbaijan and its laws, statutes of the
relevant executive authorities of the Republic of Azerbaijan, (in Nakhchivan
Autonomous Republic – the Constitution of Nakhchivan Autonomous Republic and
its laws, statutes of the relevant executive authorities of Nakhchivan
Autonomous Republic). Citizens and municipal bodies may appeal in
administrative order or to a court against refusal of registration.
5. The charter of
a municipality shall come into force from the date of its registration.
Article 9.
State assistance to municipalities
State bodies of
the Republic of Azerbaijan shall create necessary legal, organizational,
financial conditions for establishment and development, and provide assistance
to the population to implement, local self-government rights.
Article 10. Municipal associations
1. Municipalities may create associations with the purpose to
co-ordinate their activity, and to implement their rights and interests
effectively. These associations must be registered according to the law.
2. Municipal associations may not be given the powers of
municipalities.
Article 11. Stamp and bank
account of the municipality
A municipality
shall be a legal entity and shall have its own stamp and bank account.
II CHAPTER
TERRITORIAL BASIS OF MUNICIPALITY
Article 12. Territories of Municipality
1. Local self-government shall be implemented by municipalities within
territories approved by the legislature of the Republic of Azerbaijan.
2. Citizens in specific areas may not be deprived, on the basis of a
population number, of the right to implement local self-government.
Article 13. Determination, changes of municipalities’
territories
Determinations or
changes of borders of municipalities as well as determinations and changes of
borders of municipalities after municipalities have been established,
consolidated, separated, re-established or cancelled, shall be defined taking
into consideration their socio-economic situation, historical and other local
conditions, opinions of the relevant territory’s population, in accordance with
the law of the Republic of Azerbaijan.
Article 13-1.
State register of municipalities
All
municipalities in the Republic of Azerbaijan shall be included into the State
register of municipalities guided by the Milli Majlis of the Republic of
Azerbaijan and shall be entitled to get relevant certificates.
III CHAPTER
MUNICIPALITIES, MUNICIPAL BODIES AND THEIR OFFICIALS
Article 14. Municipalities and municipal bodies
1. Municipalities shall be elective local self-government bodies
organized on the basis of the Constitution of the Republic of Azerbaijan, Election Code of the Republic of Azerbaijan, this law and municipal charters, and
shall consist of municipal members.
2. The number of municipalities shall be determined in accordance with
the law of the Election Code of the Republic of Azerbaijan.
3. Deriving from the municipal charter, municipal bodies shall be
created and given powers to resolve local self-government issues.
4. Municipalities and their bodies shall not be included into the
system of state bodies. State bodies and state officials shall not be permitted
to implement local self-government.
5. The structure of municipalities and municipal bodies shall be
determined according to the municipal charter and this law.
Article 15. Municipal
member
1. A municipal member shall be a person who is elected at the
municipal elections and whose mandate is approved by the Territorial Election
Commission.
A municipal member shall have the rights to deliver
speeches regarding issues under discussion, propose motions and make
corrections, make notes, question participants who make speeches, or candidates
who have been appointed to municipal positions, provide information, take part
in voting during meetings of the municipality.
2. The major place of work of a municipal member who is paid a salary
by the municipality, shall be the municipality. A municipal member whose salary
is not paid by the municipality shall not cease his/her normal work while
carrying out his/her municipal duties. A municipal member shall be released
from his/her normal work duties (with a provision that his/her average monthly
salary will be preserved) while participating in meetings of the municipality
and permanent commissions to which he/she has been elected. Municipal member
may not operate as a municipal employee. In case if the municipal employee is
elected as a municipal member, he/she shall be released from his/her municipal
service.
3. A municipal member may not be dismissed (where he/she works on a
contract basis), or transferred to another position with a lower salary as an
administrative punishment on the initiative of his/her employer, during the
period between meetings of the municipality, without prior permission of the
chairperson of the municipality.
4. A municipal member shall report to his/her electors not less than
once every 6 months.
5. If a municipal member leaves the municipality and moves to live
permanently in another place, or if he/she cannot perform his/her duties in the
municipal area due to other reasons, he/she shall submit a resignation in
writing (sends an application to the municipality). This application shall be
examined and an appropriate decision shall be adopted at the next meeting of
the municipality. Electors in the relevant municipal territory shall be informed
of that decision.
6. If a municipal member for any reason leaves the municipality during
his/her term of office, a new election shall be conducted in the relevant
municipal area within 80 days in accordance with the Election Code of the Republic of Azerbaijan.
Article 16. Meeting of municipality
1. Meetings of
the municipality shall be held not less than once per month and shall be called
by the chairperson. A meeting of the municipality shall be valid if attended by
more than half of its members.
2. Meetings of a
municipality shall be called on the initiative of 10% percent of the population
living in the relevant area or one third of the municipality’s members.
3.
Responsibilities of municipal members and other participants during municipal
meetings shall be regulated by the municipal charter.
4. In accordance
with the second part of Article 145 of the Constitution of the Republic of Azerbaijan, decisions on issues discussed in municipal meetings shall be
adopted by a simple majority of votes of municipal members
5. Formal
minutes shall be recorded for each meeting of the municipality.
Article 17. Permanent and other commissions of a
municipality
1. A
municipality may establish permanent and other commissions in order to prepare
in advance and review matters within its responsibility, assist the
municipality to implement its decisions, control the activities of enterprises
and organizations which belong to the municipality.
2. Permanent and
other commissions may invite experts within fields relevant to their
responsibilities to assist in organizing their activities.
3. While creating
permanent and other commissions, important local issues shall be taken into
consideration, and they shall operate on the basis of the statute ‘’On
permanent and other commissions of municipalities’’ and the municipal charter.
4. The basic
duties of permanent and other commissions of a municipality shall be as
follows:
1) prepare
programs of local importance for social protection and social development,
ecology, economic development, and local services and to present them for
discussion to the municipality or the local population
2) discuss
important local issues, to prepare programs, information and draft decisions
and other materials to be discussed at municipal meetings;
3) prepare proposals for the municipality and for its
executive body;
4) assist in organization and monitoring the implementation
of directions from voters.
5. Permanent and other commissions
shall report to the municipality and shall be accountable to it.
Article 18. Executive body of municipality
1. The executive body of a municipality shall be
its executive apparatus. The municipal apparatus shall consist of the
chairperson of the municipality, structural departments defined by this law and
the municipal charter, and other executive structures created in accordance
with the municipal charter.
2. The
chairperson of a municipality shall manage the activity of the municipal
executive apparatus.
3. In accordance
with the directions of the municipality, the municipal chairman shall appoint
the heads of the executive structures created to implement services for the
local population and economic and social development programs.
Article 19. Chairperson and deputy chairperson of
municipality
1. The
chairperson of the municipality shall be elected from amongst municipal members
at the first meeting of the municipality, by secret or open ballot. The
chairperson shall be considered to be elected if he/she obtains the majority of
the members’ votes.
2. Where
necessary the municipality shall elect a deputy chairperson. Deputy
chairpersons shall be elected by a secret or open ballot of municipal members.
Deputy chairpersons shall be considered to be elected if they obtain a majority
of the municipal members’ votes.
3. The
chairperson and deputy chairperson of a municipality may be subjected to
pre-term dismissal in the following cases in the order provided in paragraphs 1
and 2 of the Article:
1) addressing in
writing about dismissal at his/her own initiative;
2) making
decision willfully on the issues related to powers of municipal meetings;
3) failure to
implement decisions of the municipality (excluding those decisions
contradicting with the legislation and those execution of which staying beyond
his/her possibilities);
4) failure to
carry out his/her duties due to lost of work capability for the period more
than 6 months;
5) failure to
perform his/her duties entrusted to him by the legislation for the period of 3
months;
6) other cases
provided by the legislation and municipal charter.
4. The
chairperson of the municipality shall issue orders and instructions and sign
municipal decrees.
5. The deputy
chairperson shall implement instructions of the chairperson of the municipality
and replace him/her, if he/she is absent.
Article 20.
Status of municipal members
1. The state
shall secure that municipal members may implement their powers efficiently and
without any obstacles, and shall defend their honour and dignity.
2. The terms of
office of a municipal member shall be 5 years.
3. The terms of
office of a municipal member shall only be effective in the period of terms of
office of a municipality
4. Municipal
members may implement their powers permanently, in accordance with the
municipal charter.
5. Social
support (related to their work) for permanent municipal members shall be
defined by the laws of the Republic of Azerbaijan and the municipal charter.
Article 21. Forfeiture of
office by municipal member
A municipal
member may forfeit his/her position in the following cases:
1) If he/she is
subject to an official accusation verdict of a court to undertake compulsory
medical treatment;
2) If he/she is
subject to an official decision of the court regarding disability or
incapacity;
3) If he/she is
no longer a citizen of the Republic of Azerbaijan, or becomes a citizen of
another country, or if he/she accepts obligations
before another country;
4) If he/she
dies
5) If he/she is
subject to an official decision of the court regarding death or disappearance.
Article 22. Termination of terms of office of
municipal member
The term of
office of a municipal member shall be terminated when his/her term of office
expires.
The term of
office of a municipal member may be terminated in advance in the following
circumstances:
1) If votes are
miscounted during the municipal election;
2) If he/she
resigns in writing as a municipal member ;
3) If he/she
does not fulfil the qualifications for a municipal member defined in the law
4) If he/she
occupies an official position in the legislature, in executive bodies or a
court or occupies an official position in municipal service;
5) If a medical
panel formed by a court concludes that, due to a disability, the member will
not be able to exercise his/her powers for a period more than 4 months.
6) If he/she is
absent from municipal meetings without sufficient reason for a period defined
in the municipal charter
Article 23. Rules for
forfeiture and termination of term of office of municipal members
In cases covered by Articles 21 and 22 of this law,
the term of office of the municipal member shall be forfeited or terminated
following a decision adopted, by a majority of votes, in a municipal meeting,
in accordance with Articles 144 and 145 of the Constitution of the Republic of Azerbaijan.
If the circumstances described in paragraphs 1, 2, 3
and 5 of Article 21, and paragraphs 1, 3 and 5 of Article 22 are relevant, the
municipality shall determine its decision following receipt of the official
decision of the court.
Article 24. Other bodies of municipalities and
their officials
The municipal charter may consider the establishment
of other municipal bodies and appointment of relevant officials.
Article 25. Municipal services
1. Persons
occupying positions in municipal bodies shall be municipal employees.
2. Legal
regulation of municipal service, as well as status of municipal employees, and
rules and terms of implementation of municipal service, shall be implemented in
accordance with the Constitution of the Republic of Azerbaijan, laws, and the
municipal charter.
3. For the purposes of calculating allowances in accordance with
legislation on state service, service in municipal bodies shall be included
into employee’s total years of service and attracts equal benefits.
IV CHAPTER
DIRECT EXPRESSION OF WILL BY CITIZENS AND OTHER FORMS OF
IMPLEMENTATION OF LOCAL SELF GOVERNMENT
Article 26. Local public opinion survey
1. Local public
opinion survey may be conducted on the issues of local importance.
2. A municipality shall adopt a decision about conducting a local
referendum on its own initiative and in accordance with the municipal charter,
or on the request of the population.
3. All citizens
living in the territory of the municipality and who have the right to vote
shall have the right to participate in local public opinion survey. Citizens
may participate in a local referendum directly and of their own will.
4. Voting in
local public opinion survey shall be conducted either by secret ballot, and it
shall be prohibited to control voters’ choices of whom they vote for.
5. Rules for
designation and implementation of local public opinion survey shall be
regulated by the laws of the Republic of Azerbaijan.
Article 27. Municipal
elections
1. Municipal
elections shall be conducted with suffrage defined by law, by means of a free,
in-person, and secret ballot on the basis of a common, equal, direct electoral
right.
2. Elections to
municipal bodies shall be conducted in accordance with the Election Code of the
Republic of Azerbaijan.
3. State bodies
of the Republic of Azerbaijan shall ensure that municipal elections are
democratic.
Article 28. Meetings of
citizens
1. In
territories with less than 500 people citizens may conduct meetings in that
area to express their opinions on issues of local importance, to propose
motions, to express a collective opinion and to make decisions.
2. Citizens who
are 18 years old, and who live in the territory of these municipalities shall
have right to participate in these meetings.
3. The municipal
charter and other decisions shall be adopted, changed or canceled at meetings
of citizens.
4. Meetings of
the citizens shall be valid if attended by at least 25% of the citizens who
have the right to vote and who live in the municipal area.
5. Restriction
with a number of population provided in paragraph 1 of this Article shall not
cover meetings conducted for express attitude to consolidation and separation
of municipalities.
Article 29.
Population’s initiative to establish municipal acts
The population
shall have the right to initiate action to establish municipal acts on issues
of local importance, in accordance with the municipal charter. Draft municipal
acts on issues of local importance presented by the population must be
discussed at open meetings, with participation of the people’s representatives,
and the results must be officially announced.
Article 30.
Citizens’ appeal to municipalities, municipal bodies and municipal officials
1. Citizens,
individually or as a group, shall have the right to appeal to municipalities,
municipal bodies and municipal officials.
2.
Municipalities, municipal bodies and municipal officials must respond to the
citizens within one month in relation to the subject of their appeal.
Appeals of those
natural and legal persons willing to get land shall be considered by the
municipalities within 10 days.
3. Violation of
the period and rules for responding to appeals of citizens who have applied to
municipalities, municipal bodies and municipal officials shall be subject to
relevant liability in accordance with this law and other laws of the Republic of Azerbaijan.
Article 31. Other
forms of participation of the population in implementation of local
self-government
Besides the
methods of implementation of local self-government considered by this
legislation, citizens may participate in other forms of implementation of local
self-government (local committees, associations, charitable organizations etc)
if these are not contrary to the Constitution of the Republic of Azerbaijan,
this law, other laws and the municipal charter.
V CHAPTER
ECONOMIC BASIS OF LOCAL SELF-GOVERNMENT
Article 32. Economic basis of
local self-government
1. The economic basis of local self-government shall
consist of municipal property, local finance, and property which belongs to the
state but which is put at the municipality’s use and which serves the
population living in the municipality.
2. The municipality shall have the right to be the
‘owner’ of its own property, which means that the municipality independently
owns, uses and gives instructions about its own property.
Article 33. Municipal
property
1. Municipal
property shall consist of assets of the local budget created from local taxes
and payments; municipal non-budget funds; municipal property as well as
municipal land; municipal enterprises and organizations; municipal apartment
stock and buildings other than dwellings; roads that do not belong to the
state or are personal property; municipal education, health, culture and sport organizations; other movable and fixed property.
2. Municipalities shall manage municipal property.
Municipalities shall exercise property rights on all municipal property. In
cases defined by the laws of the Republic of Azerbaijan these rights shall be
exercised directly by the population.
3. According to the law,
municipalities may have the right to assign structures of municipal property to
physical and legal entities for permanent or temporary use, lease them,
privatize municipal property in accordance with the rules defined by the law,
conclude deeds relating to municipal property, define terms of usage of the
privatized and utilized property in agreements and contracts.
4.
Municipalities may define, for the local population’s benefit, terms of use of
land which is within the borders of the municipality, in accordance with the
law.
5. The rules and
terms for privatizing municipal property shall be determined by the population
directly or by the municipality independently. Income received from privatization
of municipal property shall be transferred to the local budget.
6. Municipal
property may only be used for official municipal purposes provided by the
Constitution of the Republic of Azerbaijan and this law.
7. The state
shall protect municipal property and assist it to increase by allocating
subsidies, credits and grants.
Article 34. Right of
municipality to create a legal person
According to the
law, municipalities may create legal persons for economic and other activity
not prohibited by the law, and may resolve the issues related to their
re-organization or termination.
Article 35. Relations between municipalities and legal persons they have
created
1.
Municipalities shall define the aims, terms and rules of activity of legal
persons; regulate prices and tariffs of goods (services); approve their
charters; appoint and release their managers; listen to the reports on their
activity.
2. Relations between municipalities and managers of legal persons
shall be established in accordance with civil and labor legislation.
Article 36. Relations between municipalities and other legal and natural
persons
1. Relations between municipalities and other legal and natural
persons shall be established on a contractual basis.
2. Municipal bodies may coordinate, in accordance with the law, the
activities of legal and natural persons, for social and economic development.
3. Except as defined by the laws of the Republic of Azerbaijan, municipalities may not limit the economic activities of legal and natural persons.
Article 37. Municipal
requisitions
Municipalities
may utilize their material and financial assets to repair the territory of the
municipality, provide municipal services, construct and repair social
infrastructure buildings, produce consumer goods to meet social and general
requirements of the population, provide services and other works.
Article 38. Foreign
economic activity of municipalities
In accordance
with rules defined by the law, municipalities shall have the right to be
engaged in foreign economic activity for the local population’s well-being.
Article 39. Local budgets
1. Municipal
budgets shall consist of local budgets.
2.
Municipalities shall independently form, approve and implement local budgets.
Article 40. Income
and outcome of local budgets
1. Local taxes
and payments, necessary funds allocated by executive bodies and legislation (in
accordance with part II of Article 73 and part II of Article 144 of the
Constitution of the Republic of Azerbaijan) for municipalities to implement
their functions, funds obtained from privatization, lease of municipal
property, local lotteries, payments for street advertisements in lands and
buildings belonging to municipally property, taxes retained from the income of
municipal organizations, enterprises and offices, grants, subventions, transfer
payments, other incomes (in accordance with the laws and municipal decisions),
other funds created as the result of municipal activity shall form incomes of
local budgets.
2.
Municipalities shall independently manage local budgets.
3. Financing of the implementation of functions transferred to
municipalities by legislative and executive bodies, and of resolution of issues
of local importance, shall be shown separately in the income and expenditure
sections of the local budget.
Article 41.
Provision of local budgets
1. State bodies,
in accordance with the law of the Republic of Azerbaijan, shall form local
budgets sufficient to implement the normal responsibilities of the municipality
by approving payment of the income resources necessary for covering the
expenses of the local budgets.
2. Income
requirements for local budgets shall be considered annually for the relevant
municipalities when adopting the state budget of the Republic of Azerbaijan. The part of expenditures in local budget not supported by its incomes may be
covered by grants earmarked by the state budget.
3.
Municipalities may not provide living standards for their population that are
below the state’s social standards in the relevant fields of municipal
activities. To meet these standards, the state may provide assistance to
municipal bodies by approving transfer of a relevant allocations to the income
of municipalities.
4. The financial
and agricultural statistics of enterprises and organizations owned by
municipalities must be registered by the relevant executive bodies. Rules for
registration are defined in legislation of the Republic of Azerbaijan.
Article 42.
Financing implementation of various state functions and compensation for
additional municipal expenses
1. In case if
legislative and executive bodies grant additional functions to municipalities,
they shall be provided with financial means necessary for implementation of
these functions.
2. If a
municipalities’ expenditure increases and/or income decreases due to decisions
approved by executive bodies of the Republic of Azerbaijan, these bodies shall
pay compensation to the municipality. The amount of compensation shall be
determined by the time of relevant decree’s approval. The municipality shall
implement the decisions of the state bodies, which caused additional expenses,
within the limits of the compensation granted.
Article 43. Local taxes
and payments
1.
Municipalities shall define local taxes, payments, as well as concessions on
their payments due, in accordance with the Tax Code of the Republic of Azerbaijan.
2. Municipalities, in the order provided by the legislation, may apply
voluntary single payments paid by natural and legal persons
for financing target projects carried out on the basis of results of local
public opinion survey.
3. Decisions on local taxes and payments shall be adopted by a two
thirds majority of municipal members.
Article 44.
Excluded
Article 45.
Municipal off-budget funds
Within the rules
and on the terms determined within the specifications of the laws of the Republic of Azerbaijan, municipalities may create off-budget funds for specific
purposes..
Article 46.
Participation of municipalities in credit relations
In accordance
with the laws of the Republic of Azerbaijan, municipalities may establish
municipal lotteries and receive credits.
VI CHAPTER
LEGAL GUARANTEES FOR LOCAL SELF-GOVERNMENT
Article 47.
Prohibition of limitation of rights of local self-government
1. Limitation of
municipal rights which are defined by the Constitution of the Republic of Azerbaijan or other laws shall be prohibited.
2. The rights of
citizens to implement local self-government may be limited by law only and for
the period defined by law and in order to protect constitutional structures,
defense of the country and to ensure state security.
Article 48. Legal
force of municipal decisions
1. In accordance
with Article 145 of the Constitution of the Republic of Azerbaijan, municipal
decisions shall be adopted by a simple majority of votes of municipal members.
Municipalities, in the period not later than 15 days from the date of adoption
of decision, must forward that decision to the authority implementing
administrative control over activity of municipalities.
2. Decisions
adopted by a municipality may not violate the rights and powers of legal and
natural persons located within the territory of the municipality.
3. All legal and
natural persons located within the territory of a municipality, regardless of
their organizational or legal status, shall be obliged to implement all
decisions adopted by the municipality which are within the municipality’s
powers .
4. Municipal
decisions may be overturned by the bodies which made those decisions or can be
invalidated by the decision of a court.
5. Persons may be brought to liability for failure to implement
municipal decisions in accordance with the law.
Article 49.
Consideration of appeals of municipalities, municipal bodies and municipal
officials
Appeals by
municipalities, municipal bodies and municipal officials must be considered
within one month by state bodies, political parties, public associations, trade
unions, other legal persons and their officials.
Article 50. Judicial
protection of local self-government
Citizens living
in the territory of a municipality, municipalities, municipal bodies, and
municipal officials may apply to a court to overturn acts violating local
self-government rights, issued by state bodies and state officials,
municipalities, municipal bodies and municipal officials, legal persons created
by the municipalities, public associations.
VII CHAPTER
RESPONSIBILITIES
OF MUNICIPALITIES, MUNICIPAL BODIES AND MUNICIPAL OFFICIALS, CONTROL OVER THEIR
ACTIVITY
Article 51.
Responsibilities of municipalities, municipal bodies and municipal officials
In accordance
with the legislation municipalities, municipal bodies and municipal officials
shall be accountable for actions or failures to act which are in contradiction
with the law.
Article 52.
Administrative control over activity of municipalities, municipal bodies and
municipal officials
Relevant
executive body of the Republic of Azerbaijan shall control observation of the
Constitution and laws the Republic of Azerbaijan by municipalities, municipal
bodies and municipal officials.
Relevant
commissions and voters may be involved in implementation of administrative
control over activity of municipalities.
Article 52-1.
Duty of municipalities to disclose information
Municipalities
shall secure implementation of the right of anyone to get information freely,
without obstacles and in an equal basis provided by the Constitution of the Republic of Azerbaijan and in accordance with the Law of the Republic of Azerbaijan on Freedom
of Information.
Article 53. Appeals
against decisions and actions of municipalities, municipal bodies and municipal officials
Decisions and
actions (inactions) of municipalities, municipal bodies and municipal officials
may be appealed in administrative order or in court in accordance with the law.
VIII CHAPTER
FINAL
AND TRANSITIONAL PROVISIONS
Article 54. Formation of
municipal property
1. The State
shall transfer required proportion of land and state property structures to the
property of the municipality for resolution of issues of local importance.
2. Problems
related to transfer of state property structures to municipal property shall be
resolved by a court.
3. Non-existence
of municipal property within the territory of a municipality shall not be a
sufficient reason to refuse from the establishment of a municipality.
Article 55. Call for
first meeting of citizens
1.
First meeting of citizens shall be called by initiative groups.
2.
Creation of initiative groups, organization and conduct of meetings of
citizens, shall be regulated by the relevant instructions of the Central
Election Commission of the Republic of Azerbaijan.
Article 56. Entry into force of the law
This law shall enter into force from the
date of its publication.
Heydar Aliyev
President of
the Republic of Azerbaijan
Baku, 2 July 1999
# 698-IQ
