Print   

THE LAW OF THE REPUBLIC OF ARMENIA

ON LOCAL SELF-GOVERNMENT

07.05.2002

(...)

Article 3.  Local Self-Government

Local self-government is the Constitutionally guaranteed right and capacity of local self-government bodies acting at their own responsibility and as provided by the legislation, to manage the community’s property and financial resources, and to resolve the problems of community importance with a view to improving the well-being of the population.

Local government shall be exercised in the whole territory of the Republic of Armenia. The status of the Lake Sevan shall be defined by the respective law.

Article 4. A Community

A community represents the democratic basis of the State system. It is a commonwealth of residents and represents an administrative and territorial subdivision within defined boundaries where local self-government is implemented by virtue of elected bodies. A community is a legal entity, specifics of which are defined by this law. A community disposes its property independently, it has its budget as well as a seal bearing the coat-of-arms of the Republic of Armenia or the community and its name.

Article 5. Residents of a Community

A person registered in a community shall be considered a resident of such community. Participation of community residents in the election of local self-government bodies shall be defined pursuant to the Election Code of the Republic of Armenia.

Article 6.  Administrative Territory of a Community

A community consists of one or several settlements within one common territory.

The administrative territory of a community shall include lands and water areas owned by physical persons and legal entities, the community itself, as well as the State. Description of administrative boundaries of the community shall be defined by the respective law.

Article 7. Local Self-Government Bodies

To exercise people’s power and achieve the community objectives local self-government bodies, viz. Community Council, Chief of the Community shall be elected in communities in a manner specified by law. Citizens who are residents of a given community for at least one year may be elected the Community Council members and Chief of the Community.

A Community Council shall be a representative body, which shall exercise powers provided for by the Constitution of the Republic of Armenia and this Law.

A Community Council shall assume its responsibilities no sooner than the next day following the termination of the mandate of the former Community Council.

A Chief of a Community (Mayor in municipal communities, Chief of the Neighborhood in the neighborhood communities of the city of Yerevan, and Chief of the Village in rural communities) shall officially represent the community, be the executive body of the community and exercise powers provided for by the Constitution of the Republic of Armenia and this Law.

A Chief of a Community shall accept his office no sooner than the next day following the termination of the mandate of the former Chief of the Community.

A Chief of Community elected through early elections shall assume his responsibilities on the next day when results of elections are officially made public.

(...)

Article 21. Earlier Termination of the Mandate of a Member of a Community Council

The mandate of a member of Community Council shall be terminated by the Council before expiration of its period, if:

1. His Armenian citizenship is terminated;

2. He ceased being a resident of the community;

3. A condemnation sentence passed by the court has come into legal force in respect of that member, and the latter bears the penalty;

4. He has been called to military service or commenced a service in the Armed Force;

5. He has been declared incapacitated, semi-incapacitated, absent or deceased by a court decision entered into legal force;

6. He occupies a post inconsistent with membership in the Council;

7. He has been absent from more than half of the held sessions of the Community Council or voting during a year without a satisfactory reason;

8. He resigns;

9. He is dead.

Save clause 9 above, in cases defined in this Article the powers of a member of Community Council shall be terminated from the moment the next session of the Community Council starts. The Community Council shall compile minutes in that respect, which shall be signed by the other members or the Chief of Community.

In the case provided for in the clause 9 of this Article, the mandate of a member of the Community Council shall be terminated under the decision of the Community Council. In case it is impossible to convene a session of the Community Council, the other members shall compile minutes with regard to termination of the powers of the member of Community Council in question.

Article 22. Earlier Termination of the Powers of the Community Council

If, as a consequence of termination of the powers of a member of the Community Council, holding further sessions of the Council becomes impossible, minutes shall be compiled with regard to earlier termination of the powers of the Community Council, which shall be signed by the other members of the Council or the Chief of the Community.

The above minutes shall be submitted to the authorized state body through the respective Regional Governor. Further to the submission by the Regional Governor, the Government shall initiate legitimate procedure for holding extraordinary elections of the Community Council.

Powers of the members of the Community Council may be early terminated also, when in accordance with the procedure defined by the law the community is reorganized into another administrative territorial unit.

(...)

Article 24. Chief of a Community

Any citizen of Armenia, having a voting right, being a resident of a community for at least one year, and no younger than 25 years old may be elected Chief of Community.

The Chief of Community shall have secondary vocational or higher education. The same person shall not be elected to the post of the Chief of Community for more than two consecutive terms.

Article 25. Inconsistency of the Post of the Chief of a Community

The Chief of a Community may not simultaneously occupy any other State post, perform any other paid work, except for creative, scientific and pedagogical activities.

Article 26. Earlier Termination of the Mandate of the Chief of a Community

The mandate of the Chief of a Community shall be terminated by the Government before the expiration of its term, if:

1. He resigns;

2. His Armenian citizenship is terminated;

3. He stopped being a resident of the community;

4. A condemnation sentence passed by the court has come into legal force in respect of that member, and the latter bears the penalty;

5. He has been declared incapacitated, semi-incapacitated absent or deceased by a court decision entered into legal force;

6. He occupies an inconsistent post;

7. He is dead.

In cases specified above, minutes of Community Council shall be compiled subject to submission to an authorized State body.

The Government shall early terminate powers of the Chief of the Community, when in accordance with the procedure defined by the law, the community is reorganized into another administrative territorial unit.

(...)

Article 33. The Activity of the Chief of a Community in the Sphere of Protection of the Rights of Citizens and Economic Agencies

In the sphere of protection of the rights of citizens and economic agents, the Chief of a Community shall exercise the following mandatory powers:

1. Within his jurisdiction, take measures for the protection of the rights and legitimate interests of the community residents and economic agents;

2. Carry out accounting (registration) of residents in his Community;

3. Represent the community's interests in the relations with other persons, as well as in the law-courts;

4. Conduct receptions of citizens; consider complaints, applications and proposals of citizens in a manner specified by law and take necessary measures in their respect;

5. Within his powers, promote and assist the economic entities in the community in most efficient implementation of their activities;

6. Resolve matters regarding permission for holding of meetings, demonstrations, marches and other mass arrangements in a manner specified by the ROA Constitution;

7. Ensure provision of copies and duplicates of documents issued from the community archive.

In this sphere, the Chief of a Community shall exercise the following powers delegated by the State:

1. Take measures for the prevention of technological and natural disasters and elimination of their consequences;

2. Compile the lists of electors;

3. Manage the service of civil status registration;

4. Ratify the wills of community residents, if there is no permanent notary office operating in the community;

5. Approve the warrants of the community residents in respect of driver licenses, receiving payments under employment arrangements, including wages and salaries, receiving benefits and stipends, bank deposits and postal communication, including pecuniary and parcel, if there is not permanent notary office operating in the community.

(...)

Article 73. Dismissal of the Chief of Community by the Government

The government shall discuss the legitimate initiative of the Community Council or Regional Governor (Mayor in Yerevan) on dismissal of a Chief of Community, and take the respective decision within a period of one month. This case shall be submitted to the Government for discussion by the authorized state body.

The Government may dismiss a Chief of Community only in cases defined in this.

The decision of the Government on dismissal of a Chief of Community shall be communicated to the Chief of Community and Community Council in question within a period of two days.

The decision of the Government on dismissal of a Chief of Community may be protested by the Chief of Community or the Community Council in the court within a period of ten days after the government decision has been received.

Prior to legal enforcement of the court resolution, no extraordinary elections of the Chief of Community may be held, and the Chief of Community concerned shall continue in the office.

Upon legal enforcement of the decision of the Government on dismissal of a Chief of Community shall initiate extraordinary elections and appoint an Acting Chief of Community within three days.

Article 74. Earlier Termination of the Powers of the Chief of Community by the Government

In case of earlier termination of powers of a Chief of Community in accordance with the procedure defined in this law, the Government shall appoint Acting Chief of Community within three days and hold extraordinary elections as prescribed by the legislation.

Article 75. Acting Chief of Community

Prior to assuming the office by the newly elected Chief of Community, the Prime Minister shall appoint Acting Chief of Community in a Chief of a city community, Mayor of Yerevan shall appoint in Yerevan community, and Regional Governor in the village community.

Acting Chief of Community may not be promoted as a candidate for election to the office of the Chief of Community.

Acting Chief of Community may not introduce changes in the staff of the Chief of Community.

(...)

Article 77. State Supervision over Communities, Intercommunity Associations and the Association of Yerevan District Communities

The State shall exercise, through National Assembly and Government, supervision over communities, intercommunity associations and the association of Yerevan District Communities.

The National Assembly represented by its Palace of Auditors and not more frequently than once per annum, shall carry out the targeted utilization of the resources allocated to the communities, intercommunity associations and the association of Yerevan District Communities from the state budget.

The Government represented by the authorized state body or Regional Governor’s office, shall carry out financial and economic supervision actions in communities and intercommunity associations not more frequently than once per annum. The Regional Governor’s Office shall carry out supervision over the legitimacy of the decisions taken by the Community Councils and the Council of intercommunity associations. The Regional Governor is entitled to protest the decisions of the Community Councils and the Council of intercommunity associations taken in breach of legislation in the court.

The Government represented by the authorized state body shall carry out annual supervision of financial and economic activities of the district communities.

Mayor of Yerevan shall carry out supervision over the legitimacy of the decisions taken by the Yerevan Neighborhood community Councils. The decisions of intercommunity association of the Yerevan district shall be communicated to the authorized state body within a period of seven days after adoption, on the basis of which the legal monitoring is carried out.

The materials concerning infringements giving rise to criminal responsibility as identified in the outcomes of supervision actions, shall be submitted to court or prosecutor’s office, and it is only on the basis of these bodies that prosecutor’s office may initiate criminal proceedings and carry out inspections in the community in question in accordance with the legislation.

Carrying out supervision in communities between one month in advance of elections and their official completion shall be prohibited.

(...)