NKR Constitution

Chapter 10. Local Self-Government

Article 123.

Local self-government is exercised in the communities in accordance with the Constitution and the laws.

Article 124.

1.A community comprises the populace of one or more residential areas.

2. A community shall be a legal entity, have the right to property and other economic rights.

Article 125.

1. The powers of the community pertaining to managing and administering the community's property, resolving issues of community significance, and other powers aimed at fulfilling the requirements of the community shall be exercised by the community in its own name and under its responsibility. A certain part of community's authorities may by law be deemed obligatory.

2. In order to secure more effective exercise of the power of state bodies the law may envisage the delegation thereof to the local self-government bodies.

Article 126.

The land in the administrative territory of the community with the exception of the land necessary for state needs and those belonging to natural persons and legal entities shall be deemed property of the community.

Article 127.

1.The community shall generate its budget independently.

2. The law shall define the sources of the community revenues. The law shall define the sources of community finances that will secure the discharge of their responsibilities.

3. Responsibilities delegated to the communities shall be funded from the state budget.

4. The communities shall establish local taxes and duties within the scope defined by law. The communities can set forth fees for their services.

Article 128.

1. The community shall exercise its right of self-government through the bodies of local self-government - the Council of Elderly and the Head of Community, who shall be elected for a four-year term of office in conformity with the procedure defined by law.

2. During war or state of emergency the term of office of the local self-government bodies is extended until the conclusion of the war and state of emergency and the first meeting of the newly elected local self-governing bodies. In that case the election of the local self-governing bodies shall take place after the conclusion of the military and state of emergency situation no sooner than within seventy days and no later than within hundred days.

Article 129.

1. The Council of Elderly of the community shall in conformity with the procedure defined by the law manage the community property, approve the community budget upon the submission of the Head of Community, oversee the community budget execution, envisage local taxes, duties and fees in conformity with the procedure defined by the law and adopt legal acts subject to observance in the territory of the community.

2. The law shall define the powers of the Head of Community and the procedure for the exercise thereof.

Article 130.

1.To ensure the lawfulness of the activities of the local self-government bodies, legal control shall be exercised in conformity with the procedure defined by the law.

2 The law shall define the procedure for the state oversight over the discharge of the powers delegated to the community.

Article 131.

The Government may remove the Head of Community in cases prescribed by the law and procedures

Article 132.

1. The communities may, based on the interests of the public, be merged with each other or separated by the law. The appropriate law shall be adopted by the National Assembly upon the recommendation of the Government. Before submitting the legislative initiative the Government shall appoint local referenda in those communities. The outcomes of the local referenda shall be attached to the legislative initiative.

2.The law shall define the principles and procedure for consolidation or separation of the communities as well as the terms for the election of local self-government bodies of the newly formed communities.

3. As stipulated by law inter-community units shall be formed.