On the principles of local self-government in the Member States of the Commonwealth
The Commonwealth of Independent States Declaration of October 29, 1994
The Interparliamentary Assembly of the Member States of the Commonwealth of Independent States, considering that local self-government is a necessary element of the democratic organization of state and public life of each CIS member State, recognizing the inalienable rights of citizens to independently resolve local affairs through institutions of local self-government, realizing the need for joint efforts of all CIS member States to support the implementation of democratic principles of local self-government and the creation of its effective guarantees, In order to coordinate the activities of the legislative bodies of the member States of the Commonwealth of Independent States on the implementation of generally valid principles of local self-government, adopts this Declaration. Article 1 The right to local self-government is understood as a system of organizing the activities of the population (local territorial communities) for the independent and responsible resolution of issues of local importance in accordance with the laws of the state. Territorial communities have the right to resolve all issues of local importance through their elected local government bodies or directly. These rights are guaranteed by the Constitution and the current legislation. Article 2 The State and local self-government Decisions of local self-government bodies taken within their competence are binding and subject to State protection. The State takes measures to support and develop local self-government. Local self-government bodies may be delegated (delegated) the exercise of certain powers of State authorities and management, while providing them with sufficient resources. The implementation of delegated functions is controlled by the State. When preparing and making decisions on all issues directly related to the interests of the population exercising local self-government, State bodies consult with local self-government bodies. Official appeals of local self-government bodies sent to state bodies are subject to mandatory consideration on the merits of the issues raised in them. The State monitors the legality of the activities of local self-government bodies and does not interfere in the activities of these bodies if they are carried out in accordance with the law. The legislation establishes the responsibility of local self-government bodies for their decisions. Acts of local self-government bodies must not contradict the Constitution and laws of the state. In case of violation by local self-government bodies of the Constitution and laws, their activities may be terminated. Such termination is carried out only in accordance with the procedure established by law. Article 3 Local self-government bodies Local self-government bodies are responsible to the population. The internal competence of local self-government bodies is established by laws and should ensure that they can independently resolve issues of local importance. Mutual transfer of their powers is allowed by agreement of local governments. The representative body of local self-government is elected by the population through free, universal, equal, direct elections by secret ballot. The procedure for interaction between representative and executive bodies of local self-government is established by laws and charters of local self-government. Article 4 Economic foundations of local self-government Legislation on local self-government should establish the rights of territorial communities to material and financial resources sufficient for the independent exercise by local self-government bodies of the functions and powers assigned to them. The territorial community should be recognized as a subject that owns, uses, and disposes of the property of the relevant territory (municipal, communal), and should be given the opportunity to manage material and financial resources independently and through local governments. Local self-government bodies have the right to material and financial resources, which must be commensurate with their powers, including sufficient to ensure State social standards for the population. The State ensures that resources are commensurate with the powers of local government established by law. The representative body of local self-government independently adopts the local budget. The independence of the local budget is guaranteed by: state support for the development of the production sector through tax, investment and credit policies, the availability of their own budget revenues and a sufficient level of fixed income; the right of local governments to determine the use of budget funds; prohibition on the withdrawal of free balances of local budget funds; compensation for damage caused by state bodies and local governments of another level; stability of economic legislation. Article 5 Associations of local self-government bodies Local self-government bodies have the right to form associations, including with the participation of local self-government bodies of other states, for the purpose of mutual assistance, joint solution of social, economic and cultural tasks. Article 6 Protection of local self-government Failure to comply with decisions taken by local self-government bodies or the population through referendums and other forms of direct democracy entails liability in accordance with the laws. Local self-government bodies, in accordance with the laws, have the right to apply to the courts with demands for the protection of the rights of local self-government.
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