Charter of Nizhny Novgorod Region
30 December 2005, No. 219-Z
CHARTER
(as amended by laws of Nizhny Novgorod Region dated 13.03.2006 No. 12-Z, dated 29.06.2006 No. 55-Z, dated 07.07.2006 No. 63-Z, dated 30.11.2006 No. 137-Z, dated 01.03.2007 No. 20-Z, dated 03.05.2007 No. 49-Z, dated 05.09.2007 No. 106-Z, dated 05.02.2008 No. 1-Z, dated 25.12.2008 No. 186-Z, dated 29.04.2009 No. 38-Z, dated 07.05.2010 No. 69-Z, dated 04.08.2010 No. 114-Z, dated 21.12.2010 No. 205-Z)
The Legislative Assembly of Nizhny Novgorod Region, representing the interests of the population of Nizhny Novgorod Region, guided by the Constitution of the Russian Federation and federal laws, recognizing the rights and freedoms of the individual and citizen as the highest values, promoting the preservation of the state integrity of the Russian Federation and the strengthening of its federal foundations, caring for the economic and social development of Nizhny Novgorod Region, grounded in the historical and cultural traditions of the population of Nizhny Novgorod Region, attaching great importance to the development of local self-government, and proceeding from a sense of responsibility toward the population of Nizhny Novgorod Region, hereby adopts the Charter of Nizhny Novgorod Region.
Chapter 1. CONSTITUTIONAL AND LEGAL FOUNDATIONS OF THE STATUS OF NIZHNY NOVGOROD REGION
Article 1
1. Nizhny Novgorod Region (hereinafter — Nizhny Novgorod Region, the Region) is a constituent entity of the Russian Federation, whose status is determined by the Constitution of the Russian Federation and the present Charter.
2. The status of the Region may be changed by mutual agreement of the Russian Federation and the Region in accordance with federal constitutional law.
3. The Region has its own flag, coat of arms, and anthem; the description and procedure for their official use are established by regional laws.
(as amended by Law of Nizhny Novgorod Region No. 1-Z of 05.02.2008)
4. Symbols of the regional state authorities may be established by regional law and other normative legal acts of the Region.
Article 2
1. The source of state power of the Region is its population, as an inalienable part of the people of the Russian Federation.
2. The population of the Region exercises its power directly, as well as through the regional state authorities and local self-government bodies.
3. The highest direct expression of the power of the Region's population is the referendum and free elections. The procedure for holding regional and local referendums and elections to the regional state authorities and local self-government bodies is established by regional laws adopted in accordance with federal laws.
4. The regional state authorities shall ensure the realization of citizens' rights to participate in the administration of state affairs, both directly and through their representatives, including by legislatively securing guarantees for the timely scheduling of elections to the regional state authorities and local self-government bodies, and guarantees for the periodic conduct of such elections.
5. The Governor of Nizhny Novgorod Region (hereinafter — the Governor) and the deputies of the Legislative Assembly of Nizhny Novgorod Region (hereinafter — the Legislative Assembly) represent the interests of the Region's population and are accountable to it.
6. No one may usurp power or the powers of the regional state authorities and their officials.
Article 3
1. The Charter of the Region is the fundamental law of the Region, defining its status as a constituent entity of the Russian Federation and enshrining other provisions that form the foundation of the legislation of Nizhny Novgorod Region.
2. The Charter of the Region has direct effect and supreme legal force in relation to all normative legal acts of the Region, and applies throughout the entire territory of the Region.
3. Laws and other normative legal acts adopted within the Region must not contradict the present Charter. In the event of a conflict between them, the present Charter shall prevail.
Article 4
1. The regional state authorities and local self-government bodies, and their officials, are obliged to observe the Constitution of the Russian Federation, and the laws and other normative legal acts adopted by the federal state authorities within the limits of their competence.
2. In matters assigned by the Constitution of the Russian Federation to the exclusive jurisdiction of the Russian Federation, the regional state authorities shall carry out law enforcement activities.
3. In matters of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the regional state authorities shall adopt regional laws and other normative legal acts in accordance with federal laws.
Prior to the adoption of federal laws on matters falling within joint jurisdiction, the regional state authorities have the right to exercise their own legal regulation in those matters. After the relevant federal law is adopted, the laws and other normative legal acts of the regional state authorities shall be brought into conformity with it within three months.
4. Beyond the scope of jurisdiction specified in parts 2 and 3 of this Article, the Region possesses the full extent of state power and exercises its own legal regulation.
Chapter 2. TERRITORY AND ADMINISTRATIVE-TERRITORIAL ORGANIZATION OF THE REGION
Article 5
1. The territory of the Region is an inalienable part of the unified territory of the Russian Federation.
2. The Region borders the following constituent entities of the Russian Federation: the Republic of Mari El, the Republic of Mordovia, the Chuvash Republic — Chuvashia, Vladimir Region, Ivanovo Region, Kirov Region, Kostroma Region, and Ryazan Region.
3. The boundaries of the Region are agreed upon with the constituent entities of the Russian Federation that border the Region. The description of the boundaries of Nizhny Novgorod Region is approved by regional law.
(part 3 as amended by Law of Nizhny Novgorod Region No. 1-Z of 05.02.2008)
4. Changes to the boundaries of the Region with other constituent entities of the Russian Federation are made by their mutual agreement in accordance with the Constitution of the Russian Federation.
5. The administrative center of the Region is the city of Nizhny Novgorod.
Article 6
1. The administrative-territorial structure of the Region and the procedure for its modification shall be established by regional law.
2. The entire territory of the Region is divided into administrative-territorial units, taking into account its historically established administrative-territorial structure.
3. The administrative-territorial units of the Region are: cities of regional significance, districts of the Region, cities of district significance, intra-city districts of cities of regional significance, workers' settlements, resort settlements, and rural councils (sel'sovety).
4. Administrative-territorial units are recorded in the Register of Administrative-Territorial Units, Urban and Rural Localities of the Nizhny Novgorod Region, the maintenance procedure for which is determined by the Government of the Nizhny Novgorod Region (hereinafter referred to as the Government).
5. The formation, transformation, or abolition of administrative-territorial units, with the exception of the closed administrative-territorial unit — the city of Sarov, shall be carried out by regional law, taking into account the opinion of the population. The assignment of names and the renaming of administrative-territorial units shall be carried out in accordance with the procedure established by federal legislation.
Chapter 3. ENSURING AND PROTECTING THE RIGHTS AND FREEDOMS OF PERSONS AND CITIZENS ON THE TERRITORY OF THE REGION
Article 7
1. Ensuring and protecting the rights and freedoms of persons and citizens established by the Constitution of the Russian Federation, federal laws, this Charter, and regional laws shall constitute the primary focus of the activities of the regional state authorities and local self-government bodies.
2. No laws or other normative legal acts of regional state authorities or local self-government bodies that abolish or diminish the rights and freedoms of persons and citizens shall be adopted in the Region.
3. Regional laws may establish additional guarantees for the protection of rights and freedoms and for the social protection of residents of the Region.
4. For the purpose of protecting the rights and freedoms of persons and citizens, the position of Human Rights Commissioner in the Nizhny Novgorod Region shall be established in the Region; the status, powers, and operating procedures of this position shall be set by regional law. Other bodies and civil society associations for the protection of citizens' rights and freedoms may also be created.
Article 8
1. Everyone has the right to apply in person, as well as to submit individual and collective appeals to the regional state authorities, other state bodies of the Region, and local self-government bodies.
2. The Governor, deputies of the Legislative Assembly, officials of the regional state authorities, other state bodies of the Region, and local self-government bodies are obliged to consider such appeals in the manner and within the time limits established by federal law.
(as amended by Law of the Nizhny Novgorod Region of 30.11.2006 No. 137-Z)
3. Laws and other normative legal acts of the Region may establish provisions aimed at protecting citizens' right to appeal, including guarantees of citizens' right to appeal that supplement the guarantees established by federal law.
Administrative liability for violation of these provisions shall be established by regional law.
(Part 3 as amended by Law of the Nizhny Novgorod Region of 30.11.2006 No. 137-Z)
Article 9
1. The work of the Governor, the Legislative Assembly, the Government, other executive authorities of the Region, state bodies of the Region, and local self-government bodies shall be carried out on the basis of the principles of legality, openness, and transparency.
The said bodies shall, in the established manner, inform the public about their activities and about the state of affairs in the Region or in the relevant municipal formation.
2. The regional state authorities shall submit the most important matters of regional life to public discussion. Public hearings may be held on draft regional laws that are of public interest or of particular social significance; citizens, representatives of civil society associations, the media, academics, and specialists shall have the right to participate in such hearings.
Article 10
1. In the Region, in accordance with federal legislation, state guarantees of citizens' rights are ensured with regard to access to free primary general, basic general, secondary (complete) general education, supplementary education in general education institutions, the provision of primary and secondary vocational education, and other social guarantees in the field of education established by federal laws and regional laws.
2. Measures shall be taken in the Region to protect citizens' health, to develop the healthcare system and compulsory medical insurance, to prevent disease, to provide medical and social assistance, to ensure sanitary and epidemiological well-being, and to address other matters in the field of citizens' health protection.
3. State policy in the Region in the area of social support for the population shall be based on the principles of developing a system of targeted social assistance, social support, and social services for elderly citizens, persons with disabilities, and other categories of citizens in need of social protection.
Article 11
1. The Region shall implement regional and local programs for labor protection, employment promotion, development and improvement of the quality of labor resources, raising the income of the population, support for the family, motherhood, fatherhood and childhood, persons with disabilities and elderly citizens, prevention of neglect of minors, as well as regional and local housing programs and other programs.
2. The Region shall take measures to protect the environment and ensure environmental safety, to maintain public order and combat crime, and measures aimed at the development of education, culture, healthcare, physical culture and sport, housing and utilities, and urban planning activities.
Chapter 4. ECONOMIC AND FINANCIAL FOUNDATIONS OF THE REGION
Article 12
1. The economic policy of the Region is based on the principles of equality of all forms of ownership, freedom of economic activity, support for competition, and free movement of goods, services, and financial resources; it is directed at the comprehensive development of all sectors of production and social infrastructure in the interests of the Region's population, taking into account the needs of the state as a whole.
2. The main directions of the Region's economic policy include:
1) promoting the development of all forms of ownership and entrepreneurship, and increasing the efficiency of material production and the services sector;
2) encouraging all lawful forms of capital attraction and investment that contribute to the development of the Region's economy;
3) increasing the efficiency of managing state property of the Region;
4) expanding the Region's foreign economic relations.
Article 13
The economic foundation of the activities of the Region's state authorities consists of property owned by the Region, funds of the regional budget and territorial state extra-budgetary funds of the Region, as well as the Region's property rights.
Article 14
State property of the Region shall include:
1) property required for the exercise of powers of the Region's state authorities in matters within the jurisdiction of the Region and matters within the joint jurisdiction of the Russian Federation and the Region, exercised by those authorities independently from the funds of the regional budget or, in cases established by federal law, from federal budget subventions;
2) property required for the exercise of certain powers of the Russian Federation in matters within the jurisdiction of the Russian Federation and in matters within the joint jurisdiction of the Russian Federation and the Region, delegated by federal laws to the Region's state authorities;
(Clause 2 as amended by Law of Nizhny Novgorod Region No. 20-Z of 01.03.2007)
3) property required to support the activities of the Region's state authorities, the Region's state civil servants, employees of the Region's state unitary enterprises, and employees of the Region's state institutions, in accordance with the laws of the Region;
4) property required for the exercise of powers whose exercise has been granted to the Region's state authorities by federal laws.
(Clause 4 introduced by Law of Nizhny Novgorod Region No. 63-Z of 07.07.2006)
Article 15
1. State property of the Region shall include funds of the regional budget and property of the Region, including property assigned to the Region's state unitary enterprises and state institutions under the right of economic management and operational administration, as well as property transferred to trust management, gratuitous use, or lease.
2. Property held in state ownership of the Region is subject to mandatory registration in the Register of State Property of the Region in the manner established by federal law. The Register shall be compiled and maintained by the authorized executive body of the Region.
(As amended by Law of Nizhny Novgorod Region No. 114-Z of 04.08.2010)
3. The management and disposal of state property of the Region shall be carried out in the manner established by federal laws and laws of the Region.
Article 16
1. The financial resources of the Region shall consist of funds of the regional budget, credit resources, securities, allocations from the federal budget, and other funds received in accordance with federal legislation.
2. The financial resources of the Region shall be used for the development of the Region's social sphere, for ensuring the welfare of the population, and for the implementation of other functions of the Region's state authorities and local self-government bodies.
3. The formation, management, and disposal of the Region's financial resources shall be carried out by the Government in the manner established by the law of the Region in accordance with federal legislation.
4. The Region shall have the right to attract borrowed funds, including through the issuance of state securities of the Region, in the manner established by the law of the Region in accordance with federal laws and other regulatory legal acts of the Russian Federation.
Article 17
1. The Region has its own budget — the regional budget.
2. The regional budget and the consolidated budgets of the Region's municipal formations (excluding inter-budgetary transfers between those budgets) shall constitute the consolidated budget of the Region.
3. The procedure for the formation, review, approval, and execution of the regional budget and the budgets of territorial state extra-budgetary funds, for oversight of their execution, and for establishing inter-budgetary relations shall be determined by the law of the Region in accordance with federal legislation.
4. The Region shall maintain a Register of Expenditure Obligations in accordance with the requirements of the budgetary legislation of the Russian Federation and Nizhny Novgorod Region in the manner established by the Government.
Article 18
The funds of the regional budget and other property held in the state ownership of the Region that are not assigned to state unitary enterprises of the Region or state institutions of the Region constitute the treasury of the Region.
Article 19
1. International cooperation and foreign economic relations of the Region shall be conducted in accordance with federal legislation and the legislation of the Region.
2. The Region shall cooperate with other constituent entities of the Russian Federation, conclude treaties and agreements with them, and interact with them in other forms.
Chapter 5. STATE AUTHORITIES OF THE REGION
Article 20
1. State authorities of the Region shall be established and operate on the basis of the unity of the system of state power of the Russian Federation and the delimitation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation.
2. State power in the Region shall be exercised on the basis of its separation into legislative, executive, and judicial branches.
Article 21
1. The system of state authorities in the Region shall consist of:
1) the legislative (representative) body of state power of the Region — the Legislative Assembly;
2) the highest executive body of state power of the Region — the Government, headed by the Governor, Chairman of the Government;
(as amended by Law of Nizhny Novgorod Region No. 205-Z of 21.12.2010)
3) ministries and other executive bodies of the Region;
4) magistrates' courts and the Charter Court of Nizhny Novgorod Region. The highest official of the Region is the Governor, Chairman of the Government.
(as amended by Law of Nizhny Novgorod Region No. 205-Z of 21.12.2010)
2. In accordance with federal laws and/or this Charter, laws of the Region may establish state bodies of the Region that are not part of the system of state authorities of the Region.
3. In accordance with federal legislation, territorial bodies established by federal executive authorities to exercise their powers shall operate on the territory of the Region.
Article 22
1. To exercise the powers relating to the preparation and conduct of elections to the state authorities of the Region, permanently operating electoral commissions shall be formed on the territory of the Region in accordance with federal laws and laws of the Region: the Electoral Commission of Nizhny Novgorod Region and territorial electoral commissions.
2. The status and powers of the Electoral Commission of Nizhny Novgorod Region and its officials shall be established by a law of the Region in accordance with federal law.
Article 23
1. The direct exercise of the powers of state authorities and other state bodies of the Region and of persons holding state offices of the Region shall be ensured through the professional service activities of citizens of the Russian Federation in positions of the state civil service of the Region.
2. Relations connected with entry into the state civil service of the Region, its performance and termination, as well as with determining the legal status of a state civil servant of the Region, shall be regulated by federal laws, other normative legal acts of the Russian Federation, and laws and other normative legal acts of the Region.
3. The management system of the state civil service of the Region shall ensure:
1) the unity of the state civil service of the Region;
2) interaction between the state authorities of the Region and federal state authorities, state authorities of other constituent entities of the Russian Federation, and local self-government bodies;
3) coordination of the activities of the state authorities of the Region on matters of entry into the state civil service of the Region;
4) the performance and termination of the state civil service of the Region;
5) professional retraining and advanced training of state civil servants.
4. For the purpose of managing the state civil service of the Region, a corresponding state body of the Region may be established in accordance with federal legislation.
Chapter 6. THE GOVERNOR
Article 24
1. The Governor is the highest official of the Region and Chairman of the Government.
2. The Governor must be a citizen of the Russian Federation who does not hold citizenship of a foreign state or a residence permit or other document confirming the right of a citizen of the Russian Federation to permanently reside in the territory of a foreign state, and who has reached the age of thirty.
(Part 2 as amended by Law of Nizhny Novgorod Region dated 30.11.2006 No. 137-Z)
3. The Governor may not simultaneously serve as a deputy of the State Duma of the Federal Assembly of the Russian Federation, a member of the Federation Council of the Federal Assembly of the Russian Federation, a judge, or hold other federal government positions, other government positions of the Region, positions in the federal civil service, positions in the regional civil service, as well as municipal positions and positions in the municipal service, and may not engage in other paid activities, except for teaching, scientific, and other creative activities, unless otherwise provided by the legislation of the Russian Federation. In such cases, teaching, scientific, and other creative activities may not be financed exclusively from funds of foreign states, international and foreign organizations, foreign nationals, and stateless persons, unless otherwise provided by an international treaty of the Russian Federation or by the legislation of the Russian Federation.
(As amended by Laws of Nizhny Novgorod Region dated 03.05.2007 No. 49-Z, dated 05.02.2008 No. 1-Z, dated 29.04.2009 No. 38-Z)
The Governor may not be a member of governing bodies, boards of trustees or supervisory boards, or other bodies of foreign non-profit non-governmental organizations or their structural subdivisions operating on the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation or by the legislation of the Russian Federation.
(Paragraph introduced by Law of Nizhny Novgorod Region dated 03.05.2007 No. 49-Z)
The Governor is also subject to other restrictions established for members of the Government of the Russian Federation.
(Paragraph introduced by Law of Nizhny Novgorod Region dated 29.04.2009 No. 38-Z)
Article 25
1. A citizen of the Russian Federation is vested with the powers of Governor upon nomination by the President of the Russian Federation, by the Legislative Assembly, for a term of five years in the manner prescribed by federal law and by this Charter.
2. The Legislative Assembly shall consider the candidacy for Governor submitted by the President of the Russian Federation, including upon a repeated submission by the President of the Russian Federation of a candidacy for Governor, at a regular (extraordinary) session within ten days of the date of submission (repeated submission).
(Part 2 as amended by Law of Nizhny Novgorod Region dated 07.05.2010 No. 69-Z)
The decision on setting the date for the Legislative Assembly's consideration of the proposed candidacy for Governor shall be taken no later than three days from the date of its receipt by the Legislative Assembly.
3. The decision of the Legislative Assembly to vest a citizen of the Russian Federation with the powers of Governor shall be taken in the manner established by the Rules of Procedure of the Legislative Assembly and shall be deemed adopted if more than half of the established number of deputies have voted in favor.
In the event that, following a vote, the decision to vest a citizen of the Russian Federation with the powers of Governor is not adopted, the voting results shall be formalized by a resolution rejecting the said candidacy.
1
3. In the event that the decision to vest a citizen of the Russian Federation with the powers of Governor is adopted by the Legislative Assembly before the expiry of the Governor's term of office, the citizen of the Russian Federation vested with those powers shall assume office on the day of the expiry of the term or on the day of the early termination of the Governor's powers.
In the event that the decision to vest a citizen of the Russian Federation with the powers of Governor is adopted by the Legislative Assembly on or after the day of the expiry of the Governor's term of office, the citizen of the Russian Federation vested with those powers shall assume office on the day the Legislative Assembly adopts the said decision.
1
(Part 3 introduced by Law of Nizhny Novgorod Region dated 07.05.2010 No. 69-Z)
4. Upon assuming office, the Governor shall take the following oath:
"I swear, in the exercise of the powers of the highest official — Governor of Nizhny Novgorod Region — to observe the Constitution of the Russian Federation and federal laws, the Charter and laws of Nizhny Novgorod Region, to conscientiously fulfil the duties entrusted to me, and to devote all my strength and knowledge to ensuring the well-being of the Region's residents and the rights and freedoms of the individual and citizen."
5. The Governor shall be deemed to have assumed office from the moment of taking the oath.
(Part 5 introduced by Law of Nizhny Novgorod Region dated 07.05.2010 No. 69-Z)
Article 26
1. The Governor:
1) represents the Region in relations with federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, and bodies of local self-government;
2) represents the Region in the conduct of foreign economic relations;
3) signs treaties and agreements on behalf of the Region;
4) holds the right of legislative initiative in the Legislative Assembly;
5) signs and promulgates regional laws by means of their official publication, or vetoes regional laws adopted by the Legislative Assembly;
6) forms and heads the Government in accordance with regional legislation, and decides on its resignation;
7) ensures coordination of the activities of regional executive bodies with the Legislative Assembly and other state bodies of the Region, and in accordance with the legislation of the Russian Federation may organize interaction between regional executive bodies and federal executive bodies and their territorial agencies, local self-government bodies, and public associations;
8) has the right to demand the convening of an extraordinary session of the Legislative Assembly, and also to convene a newly elected Legislative Assembly for its first session earlier than the date established by this Charter;
1
8) submits to the Legislative Assembly annual reports on
the results of the Government's activities, including on matters
raised by the Legislative Assembly;
1
(clause 8 as amended by Law of Nizhny Novgorod Region of 07.05.2010 No. 69-Z)
9) has the right to participate in the work of the Legislative Assembly with an advisory vote;
10) terminates the powers of the Legislative Assembly early in cases provided for by federal law;
11) determines the structure of regional executive bodies in accordance with this Charter;
12) appoints the Vice-Governor, the First Deputy Chairman of the Government (hereinafter — the Vice-Governor); Deputy Governors, Deputy Chairmen of the Government (hereinafter — Deputy Governors); ministers; heads of regional executive bodies who are not members of the Government, and their deputies; heads of other bodies and organizations under the Government, and dismisses said persons from their posts;
(as amended by Law of Nizhny Novgorod Region of 29.06.2006 No. 55-Z)
13) in cases and in accordance with procedures established by federal law, decides on the removal from office of heads of municipal formations or heads of local administrations;
14) signs the agreement on the delimitation of powers between state bodies of the Russian Federation and state bodies of the Region and forwards it to the President of the Russian Federation in the manner prescribed by federal law, and also signs agreements with federal executive bodies on the transfer of the exercise of certain powers;
15) exercises other powers in accordance with federal laws, this Charter, and regional laws.
2. In cases where the Governor is unable to perform his duties due to illness, leave, or an official trip, his duties are temporarily performed by the Vice-Governor, and in his absence — by one of the Deputy Governors pursuant to a Decree of the Governor, except in cases where, in accordance with federal law, an acting Governor is appointed by the President of the Russian Federation.
(as amended by Law of Nizhny Novgorod Region of 07.05.2010 No. 69-Z)
Article 27
1. The powers of the Governor shall be terminated early in the event of:
1) his death;
2) his resignation of his own accord;
3) his removal from office by the President of the Russian Federation in connection with a vote of no confidence by the Legislative Assembly in accordance with federal law;
4) his removal from office by the President of the Russian Federation in connection with a loss of the President of the Russian Federation's confidence, for improper performance of his duties, and also in other cases provided for by federal law;
5) his being declared legally incapacitated or of limited legal capacity by a court;
6) his being declared missing by a court or declared deceased;
7) the entry into legal force of a court conviction against him;
8) his departure from the Russian Federation to take up permanent residence abroad;
9) his loss of Russian Federation citizenship, his acquisition of citizenship of a foreign state, or his receipt of a residence permit or other document confirming the right of a citizen of the Russian Federation to permanent residence on the territory of a foreign state.
(clause 9 as amended by Law of Nizhny Novgorod Region of 30.11.2006 No. 137-Z)
2. The decision on the early termination of the Governor's powers shall be taken by the Legislative Assembly upon the submission of the President of the Russian Federation, except in the cases provided for by clauses 1–4 of part 1 of this article.
(as amended by Laws of Nizhny Novgorod Region of 13.03.2006 No. 12-Z, of 01.03.2007 No. 20-Z)
3. The Legislative Assembly shall have the right to pass a vote of no confidence in the Governor in the event of:
1) his issuance of acts that conflict with the Constitution of the Russian Federation, federal laws, the Charter and laws of the Region, where such conflicts have been established by the competent court and the Governor has failed to remedy said conflicts within one month of the date on which the court ruling entered into force;
2) any other serious violation by the Governor of the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, the Charter and laws of the Region, as established by the competent court, where such violation has resulted in a mass infringement of the rights and freedoms of citizens;
3) the Governor's improper performance of his duties.
4. A decision of the Legislative Assembly on a vote of no confidence in the Governor shall be adopted by two-thirds of the votes of the established number of deputies, on the initiative of no fewer than one-third of the established number of deputies, and shall be forwarded within five days to the President of the Russian Federation for consideration of the question of the Governor's removal from office.
5. A decision of the President of the Russian Federation to remove the Governor from office shall entail the resignation of the Government headed by him. In the event of the Government's resignation, it shall continue to operate until a Government of new composition is formed.
6. An acting Governor temporarily appointed by the President of the Russian Federation in accordance with federal legislation shall not be entitled to:
(as amended by Law of Nizhny Novgorod Region dated 07.05.2010 No. 69-Z)
1) dissolve the Legislative Assembly;
2) introduce draft laws on amendments to the Charter of the Region;
3) demand the convening of an extraordinary session of the Legislative Assembly, or convene a newly elected Legislative Assembly for its first session.
Chapter 7. THE LEGISLATIVE ASSEMBLY
Article 28
1. The Legislative Assembly is the permanently operating supreme and sole body of legislative power of the Region.
The provision of Part 2 of Article 28 shall not apply to deputies of the Legislative Assembly of Nizhny Novgorod Region elected in elections held prior to the entry into force of said provision (Article 3 of Law of Nizhny Novgorod Region dated 30.12.2005 No. 220-Z).
2. The Legislative Assembly shall consist of 50 deputies (hereinafter referred to as the established number of deputies), elected by the population of the Region for a term of five years.
3. Of the total composition of the Legislative Assembly, 25 deputies shall be elected from single-member electoral districts and 25 deputies shall be elected from a unified (regional) electoral district in proportion to the number of votes cast for candidate lists nominated by electoral associations.
4. The Legislative Assembly shall be deemed competent if no fewer than two-thirds of the established number of deputies have been elected to its composition.
5. The Legislative Assembly shall convene for its first session no later than the thirtieth day following the date of its election with a competent composition. Until the Chairman of the Legislative Assembly is elected, this session shall be opened and chaired by the most senior deputy by age.
(as amended by Law of Nizhny Novgorod Region dated 05.09.2007 No. 106-Z)
6. From the day the Legislative Assembly of the new convocation begins its work, the powers of the Legislative Assembly of the previous convocation and its deputies shall be terminated.
Article 29
1. Deputies of the Legislative Assembly shall be elected by citizens of the Russian Federation residing in the territory of the Region on the basis of universal, equal, and direct suffrage by secret ballot.
2. A citizen of the Russian Federation who has reached the age of 21 by election day may be elected as a deputy of the Legislative Assembly.
3. The procedure for the preparation and conduct of elections to the Legislative Assembly shall be established by a law of the Region in accordance with federal legislation.
Article 30
1. At its first session, deputies of the Legislative Assembly shall take an oath of the following content:
"I swear to conscientiously perform, to the best of my abilities, the deputy duties entrusted to me by the voters and the law; to observe the Constitution of the Russian Federation and federal laws, the Charter and laws of Nizhny Novgorod Region; to strive for the improvement of public safety and the standard of living of the population; and to promote the protection of human and civil rights and freedoms. No private, local, or political interests shall take precedence for me over the interests of the residents of the Region and the Russian state."
2. The rights and duties of deputies of the Legislative Assembly, the guarantees and conditions for the exercise of deputy activities, and the restrictions associated with deputy activities shall be established by a law of the Region in accordance with federal laws.
3. Deputies of the Legislative Assembly shall exercise their powers on a professional full-time basis, on a professional basis for a specified period, or without leaving their primary occupation. The number of deputies working on a professional full-time basis shall be established by a law of the Region.
Article 31
1. The jurisdiction of the Legislative Assembly shall include:
1) adoption of the Charter of the Region and amendments thereto;
2) exercising legislative regulation on matters within the jurisdiction of the Region and on matters of joint jurisdiction of the Russian Federation and the Region within the limits of the Region's powers;
1
2) hearing the Governor's annual reports on the results of
the Government's activities, including on matters raised by
the Legislative Assembly;
1
(clause 2 introduced by the Law of Nizhny Novgorod Region of 07.05.2010 No. 69-Z)
the Legislative Assembly;
3) exercising other powers established by the Constitution of the Russian Federation, federal laws, the present Charter, and the laws of the Region.
2. By a law of the Region:
1) the regional budget submitted by the Governor and the report on its execution are approved;
2) the programs of socio-economic development of the Region submitted by the Governor are approved;
(as amended by the Law of Nizhny Novgorod Region of 25.12.2008 No. 186-Z)
3) taxes and levies assigned by federal law to the jurisdiction of the Region, as well as the procedure for their collection, are established;
4) the procedure for organizing the budget process in the Region is established;
5) the budgets of the territorial state extra-budgetary funds of the Region submitted by the Governor and the reports on their execution are approved;
6) awards, honorary titles, and prizes of the Region are established;
7) the procedure for managing and disposing of the Region's property, including the Region's shares (interests, stocks) in the capital of business companies, partnerships, and enterprises of other organizational-legal forms, and the privatization of objects of state property of the Region, are established;
8) administrative liability for violations of laws and other normative legal acts of the Region, and normative legal acts of local self-government bodies, is established;
(clause 8 as amended by the Law of Nizhny Novgorod Region of 04.08.2010 No. 114-Z)
9) the procedure for preparing and concluding cooperation agreements between state authorities of the Region and constituent entities of the Russian Federation, and foreign economic agreements, is established; the conclusion and termination of agreements of the Region are approved;
10) the administrative-territorial structure of the Region and the procedure for its modification are established;
11) the system of executive state authorities of the Region, and the structure and procedure for forming the Government, are established;
12) the procedure for holding elections of deputies of the Legislative Assembly, the procedure for calling and holding a referendum of the Region, the procedure for holding a local referendum, and municipal elections are established;
13) other matters falling, in accordance with the Constitution of the Russian Federation, federal laws, the present Charter, and the laws of the Region, within the jurisdiction and powers of the Region are regulated.
3. By a resolution of the Legislative Assembly:
1) the Rules of Procedure of the Legislative Assembly and other acts regulating the procedure for the activities of committees (commissions) and the staff of the Legislative Assembly are adopted;
2) the decision to vest a citizen of the Russian Federation with the powers of Governor upon the nomination of the President of the Russian Federation, as well as the decision to reject such a nomination, is formalized;
3) consent to the appointment to the positions of Deputy Governor and Deputy Governors is formalized;
4) consent to the appointment to the position of Prosecutor of Nizhny Novgorod Region is formalized;
5) individual officials are appointed to and dismissed from their positions, and consent to their appointment is formalized, where such a procedure for appointment is provided for by the Constitution of the Russian Federation, federal laws, and the present Charter;
6) a decision of no confidence (confidence) in the Governor is formalized, as well as a decision of no confidence (confidence) in the heads of executive authorities of the Region in whose appointment the Legislative Assembly participated in accordance with the present Charter;
7) the date of elections of deputies of the Legislative Assembly is set, and a referendum of the Region is called;
8) an agreement on changing the boundaries of the Region and the constituent entities of the Russian Federation bordering it is approved;
9) a draft treaty on the delimitation of powers is endorsed;
10) justices of the peace and judges of the Regional Statutory Court are appointed;
11) decisions on the self-dissolution of the Legislative Assembly and the early termination of the powers of its deputies are formalized in cases provided for by federal laws and the laws of the Region;
12) other decisions of the Legislative Assembly are formalized on matters falling within its jurisdiction under the Constitution of the Russian Federation, federal laws, this Charter, and the laws of the Region.
Article 32
1. The Legislative Assembly, within the limits and in the forms established by the laws of the Region, exercises — jointly with other bodies authorized to do so — oversight over compliance with and enforcement of the laws of the Region, execution of the regional budget, execution of the budgets of the territorial state extra-budgetary funds of the Region, and observance of the established procedure for managing the property of the Region.
2. To organize and carry out oversight over the execution of the regional budget and the territorial state extra-budgetary funds of the Region, oversight over the expenditure of other financial resources of the Region, and the use of state property of the Region, the Legislative Assembly establishes a Control and Accounts Chamber.
(as amended by the Law of Nizhny Novgorod Region of 05.02.2008 No. 1-Z)
3. The status, composition, and operational procedure of the Control and Accounts Chamber are determined by the law of the Region.
Article 33
1. The principal form of work of the Legislative Assembly is sessions, during which the powers assigned to it are exercised through the adoption of laws of the Region and resolutions of the Legislative Assembly.
2. A session of the Legislative Assembly is competent if attended by no fewer than two-thirds of the established number of deputies.
3. The frequency of sessions of the Legislative Assembly is determined by the Rules of Procedure of the Legislative Assembly. A competent session of the Legislative Assembly shall be held no less than once every three months.
(as amended by the Law of Nizhny Novgorod Region of 05.09.2007 No. 106-Z)
4. Extraordinary sessions of the Legislative Assembly are convened on the initiative of the Governor, the Speaker of the Legislative Assembly, or deputies numbering no fewer than one-third of the established number of deputies. The procedure for convening extraordinary sessions of the Legislative Assembly is established by the Rules of Procedure of the Legislative Assembly.
Article 34
1. The work of the Legislative Assembly is headed by the Speaker of the Legislative Assembly.
2. The Speaker of the Legislative Assembly is elected from among the deputies at the first session of the Legislative Assembly in the manner established by the Rules of Procedure of the Legislative Assembly, and is accountable to the Legislative Assembly.
3. The Speaker of the Legislative Assembly:
1) represents the Legislative Assembly in relations with the authorities of foreign states, the state authorities of the Russian Federation, the state authorities of the Region and other constituent entities of the Russian Federation, local self-government bodies, public associations, and organizations, and also concludes agreements in the manner established by federal laws and the laws of the Region;
2) convenes and chairs sessions of the Legislative Assembly and organizes the work of the deputies;
3) forwards to the Governor for signing and promulgation the laws adopted by the Legislative Assembly;
4) signs resolutions adopted by the Legislative Assembly;
5) exercises general supervision over the activities of the staff of the Legislative Assembly, and hires and dismisses its employees in accordance with labor legislation and legislation on the state civil service;
6) opens and closes the personal account of the Legislative Assembly and acts as the authorized signatory for that account;
7) on behalf of the Legislative Assembly, files applications and complaints with courts;
8) exercises other powers in accordance with this Charter, the laws of the Region, and the Rules of Procedure of the Legislative Assembly.
4. The Legislative Assembly elects from among the deputies the Deputy Speakers of the Legislative Assembly.
5. In the absence of the Speaker of the Legislative Assembly, his or her powers are exercised by one of the Deputy Speakers of the Legislative Assembly in the manner determined by the Legislative Assembly.
6. The number of Deputy Speakers of the Legislative Assembly, the procedure for their election, the distribution of duties among them, and the procedure for carrying out those duties are determined by the Legislative Assembly.
Article 35
1. The Legislative Assembly forms, from among the deputies and for the duration of its term of office, committees (commissions), and, for the resolution of specific tasks, temporary commissions.
2. The number, names, structure, formation procedure, powers, and organization of work of the committees and commissions are determined by the Legislative Assembly.
3. Deputy associations (factions and deputy groups) are formed within the Legislative Assembly. The procedure for forming deputy associations, their rights, and the procedure for their participation in the work of the Legislative Assembly are determined by the law of the Region and the Rules of Procedure of the Legislative Assembly.
Article 36
1. The Legislative Assembly has the rights of a legal entity and holds an official seal bearing the regional coat of arms.
2. Expenditures for the support of the Legislative Assembly's activities are provided for in the regional budget as a separate line item from other expenditures, in accordance with federal legislation.
3. The organizational, legal, informational, and logistical support of the activities of the Legislative Assembly, its committees, commissions, and deputies is carried out by the staff of the Legislative Assembly, operating on a permanent basis. The procedure for forming the staff is determined by the Legislative Assembly in accordance with the legislation of the Region.
Article 37
1. The powers of the Legislative Assembly may be terminated early in the following cases:
1) the Legislative Assembly adopts a resolution on self-dissolution before the expiration of its term of office;
2) the Legislative Assembly is dissolved by a Decree of the Governor on the grounds provided for by federal law;
(as amended by Law of Nizhny Novgorod Region No. 106-Z of 05.09.2007)
3) a decision of the Nizhny Novgorod Regional Court on the illegitimacy of the current composition of deputies of the Legislative Assembly enters into force, including in connection with deputies relinquishing their powers;
4) a decision of the President of the Russian Federation on the dissolution of the Legislative Assembly, in the manner and on the grounds provided for by federal law, enters into force.
2. A resolution of the Legislative Assembly on self-dissolution is adopted by a majority of no less than two-thirds of the votes of the established number of deputies. Such a resolution may not be adopted by the Legislative Assembly less than six months before the expiration of the deputies' term of office. The resolution on self-dissolution shall set the date for extraordinary elections of deputies to the Legislative Assembly.
3. No longer in force. — Law of Nizhny Novgorod Region No. 106-Z of 05.09.2007.
4. In the case provided for in paragraph 1 of part 1 of this article, the powers of the Legislative Assembly shall be terminated early from the date the resolution of the Legislative Assembly on self-dissolution enters into force, or on such other date as may be specified in that resolution.
5. In the event of early termination of the powers of the Legislative Assembly, extraordinary elections of deputies to the Legislative Assembly shall be scheduled and held within the time limits established by federal law and the law of the Region.
Chapter 8. THE GOVERNMENT AND OTHER BODIES
OF THE EXECUTIVE POWER OF THE REGION
Article 38
1. The Government is the permanently functioning supreme executive body of state power of the Region; it directs the work of the Region's executive bodies and supervises their activities.
2. The Governor heads the Government, determines the main directions of the Government's activities, and organizes its work.
3. The system of executive bodies of the Region comprises the Government, ministries, and other executive bodies of the Region formed by the Government.
The structure of the executive bodies of the Region is determined by the Governor of the Region.
4. To exercise its powers, the Government may establish sectoral, functional, and territorial executive bodies of the Region and supervise the activities of those bodies.
5. Within the scope of the jurisdiction of the Russian Federation and the powers of the Russian Federation over matters of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, in accordance with the Constitution of the Russian Federation, the federal executive bodies, the Government, and other executive bodies of the Region form a unified system of executive power.
Article 39
1. The Government has the rights of a legal entity and holds an official seal bearing the regional coat of arms.
2. The procedure for the activities of the Government is determined by the law of the Region.
3. The financing of the Government and the executive bodies of the Region headed by it is carried out from the funds of the regional budget provided for under a separate budget line.
Article 40
1. The members of the Government are the Governor, the Vice-Governor, the Deputy Governors, and the ministers.
2. The Vice-Governor and the Deputy Governors are appointed to office by the Governor in coordination with the Legislative Assembly.
Prior to coordination with the Legislative Assembly, the relevant persons may perform their duties in the said positions for no more than three months.
3. The Government is a collegial body. Decisions on the exercise of its powers are made by the Government at its sessions in the manner prescribed by the Rules of Procedure of the Government.
4. Persons designated by federal laws and laws of the Region have the right to participate in sessions of the Government in the manner established by the Rules of Procedure of the Government.
(Part 4 as amended by Law of Nizhny Novgorod Region dated 21.12.2010 No. 205-Z)
Article 41
1. The Government ensures, within the territory of the Region, compliance with the Constitution of the Russian Federation, federal laws and other normative legal acts of the Russian Federation, the Charter, laws and other normative legal acts of the Region.
2. The Government develops and implements measures to ensure the comprehensive socio-economic development of the Region, participates in the pursuit of a unified state policy in the areas of economics and forecasting, industry, finance, foreign economic relations, the fuel and energy sector, agriculture, construction and housing and communal services, transport, roads and communications, education, science, healthcare, culture and the arts, sport and tourism, social welfare, environmental protection and natural resource management, the protection and use of historical and cultural heritage, the formation and maintenance of archival collections of the Region, and other spheres of the Region's life.
3. The Government:
1) takes measures, within the limits of its powers, to implement, ensure, and protect the rights and freedoms of individuals and citizens, to safeguard property and public order, to counter terrorism and extremism, and to combat crime;
(as amended by Law of Nizhny Novgorod Region dated 05.09.2007 No. 106-Z)
2) drafts, for submission by the Governor to the Legislative Assembly for consideration, the regional budget for the forthcoming fiscal year, as well as draft programmes for the socio-economic development of the Region;
(as amended by Law of Nizhny Novgorod Region dated 25.12.2008 No. 186-Z)
3) ensures the execution of the regional budget and prepares a report on its execution for submission by the Governor to the Legislative Assembly for consideration;
1
3 ) prepares annual reports on the results of its activities, including on
matters raised by the Legislative Assembly, for
submission by the Governor to the Legislative Assembly;
1
(Clause 3 introduced by Law of Nizhny Novgorod Region dated 07.05.2010 No. 69-Z)
4) establishes ministries and other executive authorities of the Region, approves regulations governing them, and directs their activities;
5) manages and disposes of the property of the Region in accordance with the laws of the Region, and also manages federal property transferred to the management of the Region in accordance with federal laws and other normative legal acts of the Russian Federation;
(as amended by Law of Nizhny Novgorod Region dated 01.03.2007 No. 20-Z)
6) has the right to recommend that a local self-government body, an elected or other official of local self-government bring legal acts issued by them into conformity with the legislation of the Russian Federation where such acts conflict with the Constitution of the Russian Federation, federal laws and other normative legal acts of the Russian Federation, the Charter, laws and other normative legal acts of the Region, and also has the right to apply to a court;
7) exercises the powers of executive authorities of the Region that are not assigned to the Governor or other executive authorities of the Region in accordance with federal legislation and the legislation of the Region;
8) submits, where necessary, to the Government of the Russian Federation draft normative legal acts affecting the interests of the Region whose adoption falls within the competence of the Government of the Russian Federation;
9) exercises other powers established by federal laws, the Charter and laws of the Region, as well as those transferred by agreements with federal executive authorities.
Chapter 9. INTERACTION OF THE LEGISLATIVE ASSEMBLY
AND THE EXECUTIVE AUTHORITIES OF THE REGION
Article 42
1. The Governor, the Legislative Assembly, and the Government exercise their powers independently in accordance with the constitutional principle of the separation of state power into legislative, executive, and judicial branches.
The Governor, the Legislative Assembly, and the Government interact in the forms established by federal legislation and the legislation of the Region for the purpose of effective management of the Region's economic and social development in the interests of its population.
The Governor has the right to appoint his authorized representative to the Legislative Assembly.
2. Legal acts of the Governor, normative legal acts of the Government and other executive authorities of the Region shall be submitted to the Legislative Assembly no later than ten days after their promulgation (adoption).
3. The Governor has the right to address the Legislative Assembly with a proposal to amend or repeal resolutions of the Legislative Assembly, and also has the right, in accordance with federal legislation, to challenge such resolutions in court.
4. The Legislative Assembly shall have the right to address the Governor or the executive authority of the Region with a proposal to amend the acts referred to in Part 2 of this Article, or to repeal them, and shall also have the right to appeal said acts in court or, in the manner prescribed, to submit a request to the Constitutional Court of the Russian Federation regarding the conformity of said normative legal acts with the Constitution of the Russian Federation.
Article 43
1. The Legislative Assembly shall submit to the Governor legislative work plans and draft laws of the Region.
2. The Government, or a body or official authorized by it, may submit to the Legislative Assembly official reviews, comments, and proposals regarding draft laws and resolutions under consideration by the Legislative Assembly. Official reviews of the Government shall be subject to mandatory reading aloud or circulation when draft laws or resolutions are considered at sessions of the Legislative Assembly.
Article 44
1. The Governor, other members of the Government, heads of other executive authorities of the Region, or persons authorized by them, shall have the right to attend sessions of the Legislative Assembly and its committees (commissions) with an advisory vote.
2. Deputies of the Legislative Assembly shall have the right to participate in sessions of the Government. By order of the Legislative Assembly or its Chairperson, staff members of the apparatus of the Legislative Assembly shall have the right to attend sessions of the Government.
Article 45
1. The Legislative Assembly shall have the right to invite the Governor, members of the Government, and heads of executive bodies of state authority of the Region to sessions of the Legislative Assembly to make reports, respond to inquiries and appeals from deputies, and provide information on matters within the jurisdiction of the Legislative Assembly.
Committees (commissions) of the Legislative Assembly may invite Deputy Governors, ministers, and heads of executive bodies of state authority of the Region to their sessions to make reports, respond to inquiries and appeals from deputies, and provide information on matters within the jurisdiction of the relevant committee (commission).
2. Upon request of the Legislative Assembly, its committees (commissions), or deputies of the Legislative Assembly, the Governor, members of the Government, heads of other state bodies of the Region, local self-government bodies, and organizations located within the territory of the Region shall be obliged to provide the necessary information on matters within their jurisdiction and competence no later than within one month, unless otherwise provided by federal law or a law of the Region.
Article 46
1. Disagreements between the Legislative Assembly and the executive authorities of the Region regarding the exercise of their powers shall be resolved through negotiations, consultations, conciliation and other commissions established on a parity basis, other conciliation procedures, or through judicial proceedings.
The procedure for establishing and operating conciliation commissions shall be determined by the rules of procedure of the Legislative Assembly and the Government.
2. Disputes over competence between the Legislative Assembly and the Governor or the Government may be resolved by applying to the Constitutional Court of the Russian Federation.
Chapter 10. LEGAL ACTS OF THE REGION
Article 47
1. The legal acts of the Region (normative and other legal acts) form a unified system based on the principle of supremacy of legal acts with greater legal force.
2. The system of normative legal acts of the Region shall be established by a law of the Region in accordance with federal legislation.
3. The procedure for the preparation, introduction, consideration, adoption, official publication, and entry into force of laws of the Region, as well as the requirements applicable to them, shall be established by a law of the Region.
4. Resolutions of the Legislative Assembly shall be adopted in the manner established by the Rules of Procedure of the Legislative Assembly in accordance with a law of the Region and this Charter.
5. The procedure for the preparation, adoption, official publication, and entry into force of legal acts of the Governor and the Government shall be determined by the Governor and the Government in accordance with a law of the Region and this Charter.
Article 48
1. The right of legislative initiative in the Legislative Assembly shall belong to deputies of the Legislative Assembly, committees (commissions) and factions within the Legislative Assembly, the Governor, members of the Federation Council and deputies of the State Duma of the Federal Assembly of the Russian Federation representing Nizhny Novgorod Region, representative bodies of local self-government, and also to residents of the Region who hold active electoral rights, numbering no fewer than ten thousand persons.
The right of legislative initiative on matters within their jurisdiction shall also belong to the Nizhny Novgorod Regional Court, the Arbitration Court of Nizhny Novgorod Region, the Prosecutor of Nizhny Novgorod Region, the Electoral Commission of Nizhny Novgorod Region, the Human Rights Ombudsman of Nizhny Novgorod Region, the Control and Audit Chamber of Nizhny Novgorod Region, and other persons in accordance with federal law.
(as amended by Law of Nizhny Novgorod Region of 21.12.2010 No. 205-Z)
2. Draft laws submitted by the Governor in the exercise of the right of legislative initiative shall, at his proposal, be considered on a priority basis.
3. Draft laws on the introduction or abolition of taxes, exemption from payment thereof, changes to the financial obligations of the Region, and other draft laws providing for expenditures covered by the regional budget shall be considered by the Legislative Assembly upon submission by the Governor or upon the availability of the Governor's opinion, which shall be submitted to the Legislative Assembly no later than twenty-five days from the date the draft is received by him.
Article 49
1. A draft law of the Region shall be considered by the Legislative Assembly in no fewer than two readings. The decision to adopt or reject a draft law, as well as to adopt a law, shall be formalized by a resolution of the Legislative Assembly.
2. A law of the Region shall be adopted by a majority of votes of the established number of deputies, unless otherwise provided by federal laws. Resolutions of the Legislative Assembly shall be adopted by a majority of votes of the number of elected deputies, unless otherwise provided by federal laws.
Article 50
1. A regional law adopted by the Legislative Assembly shall be submitted to the Governor for signing and promulgation within seven days.
2. Within fourteen days of receiving a regional law, the Governor shall either sign it or veto it.
3. A vetoed regional law shall be returned by the Governor to the Legislative Assembly with a reasoned justification for the veto or with proposals for amendments.
4. If the Governor vetoes a regional law, the Legislative Assembly may approve said law in its previously adopted version by a majority of no less than two thirds of the established number of deputies of the Legislative Assembly.
5. A regional law approved by the Legislative Assembly in its previously adopted version may not be vetoed again by the Governor and shall be signed and promulgated within seven days of its receipt by the Governor.
6. A regional law shall enter into force upon its official publication, unless otherwise provided by federal law or by the regional law itself.
A resolution of the Legislative Assembly shall enter into force on the day of its adoption, unless the resolution provides otherwise.
7. Regional laws and resolutions of the Legislative Assembly on matters concerning the protection of human and civil rights and freedoms shall enter into force no earlier than ten days after their official publication.
8. The Charter and laws of the Region, and resolutions adopted by the Legislative Assembly within the scope of its authority, are binding upon all bodies of state power, other state bodies and state institutions, local self-government bodies, organizations, public associations, officials, and citizens located on the territory of the Region.
Article 51
1. On the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, regulatory acts of the President of the Russian Federation, resolutions of the Government of the Russian Federation, the present Charter, and regional laws, the Governor shall issue decrees and orders.
2. The Government shall issue resolutions and orders.
3. Regulatory legal acts of the Governor and the Government, adopted within the scope of their respective authority, are binding upon all bodies of state power, other state bodies and state institutions, local self-government bodies, organizations, public associations, officials, and citizens located on the territory of the Region.
Chapter 11. THE JUDICIARY AND PROSECUTORIAL SUPERVISION IN THE REGION
Article 52
1. Justice on the territory of the Region shall be administered by federal courts and by justices of the peace of the Region through civil, administrative, and criminal proceedings in accordance with the Constitution of the Russian Federation and federal legislation.
2. In order to examine the conformity of regional laws and regulatory legal acts of regional state power bodies and local self-government bodies with the Charter of the Region, and also to interpret the Charter of the Region, a Charter Court of Nizhny Novgorod Region may be established by regional law.
3. Justices of the peace of the Region shall be appointed to their positions in the manner established by regional law. The procedure for providing for and organizing the activities of justices of the peace of the Region shall be established by regional law in accordance with federal laws.
4. In accordance with federal legislation, judicial districts and positions of justices of the peace shall be created and abolished by regional law.
Article 53
1. Prosecutorial supervision in the Region shall be carried out by bodies of the Prosecutor's Office of the Russian Federation, whose powers, organization, and procedure for activity are determined by federal law.
2. The appointment of the Prosecutor of the Region by the Prosecutor General of the Russian Federation shall be made in coordination with the Legislative Assembly and the Government.
Chapter 12. LOCAL SELF-GOVERNMENT IN THE REGION
Article 54
1. Local self-government in the Region is a form through which the population of the Region exercises its power, ensuring — within the limits established by the Constitution of the Russian Federation, federal laws, and, in cases established by federal laws, by regional laws — the independent and self-responsible resolution by the population, directly and/or through local self-government bodies, of matters of local significance, in accordance with the interests of the population and taking into account historical and other local traditions.
2. In accordance with the Constitution of the Russian Federation, local self-government bodies are independent in resolving matters of local significance within the scope of their authority. Local self-government bodies are not part of the system of state power bodies.
State power bodies of the Region shall promote the development of local self-government on the territory of the Region and shall ensure state guarantees of citizens' rights to exercise local self-government.
3. Local self-government shall be exercised by citizens through participation in local referendums, municipal elections, other forms of direct expression of will, and through elected and other local self-government bodies.
Article 55
1. Local self-government in the Region shall be exercised within municipal formations — municipal districts, urban districts, and urban and rural settlements.
2. The boundaries of the territories of municipal formations shall be established and amended by regional laws, taking into account the boundaries of historically formed administrative-territorial units of the Region, in accordance with the requirements of federal law.
3. The formation and transformation of municipalities, and the establishment and modification of their boundaries, shall be carried out by laws of the Region in accordance with federal legislation.
Article 56
1. Bodies of local self-government shall be established in municipalities.
2. The structure of local self-government bodies shall be determined directly by the population or by the representative body of the municipality and shall be fixed in the charter of the municipality.
3. The procedure for formation, the powers, the term of office, the accountability, and the oversight of local self-government bodies, as well as other matters relating to the organization of their activities, shall be determined by the charters of municipalities on the basis of federal law.
Article 57
1. State authorities of the Region shall exercise legal regulation of matters relating to the organization of local self-government in the Region in the cases and in the manner established by federal law.
2. The vesting of local self-government bodies with certain state powers of the Region may be carried out by laws of the Region in the manner determined by federal law. Financial provision for certain state powers shall be made through subventions granted to local budgets from the regional budget.
3. State authorities of the Region shall exercise oversight over the implementation by local self-government bodies of certain state powers transferred to them by law of the Region, as well as over the use of material and financial resources provided for those purposes.
Article 58
1. The economic foundation of local self-government shall consist of property held in municipal ownership, funds of local budgets, and the property rights of municipalities.
2. Each municipality shall have its own budget. The budget of a municipal district (district budget) and the consolidated budgets of urban and rural settlements within the municipal district (excluding inter-budgetary transfers between those budgets) shall form the consolidated budget of the municipal district. Local self-government bodies shall ensure the balance of local budgets.
The formation, approval, execution, and oversight of the local budget shall be carried out independently by local self-government bodies in compliance with the requirements of the Budget Code of the Russian Federation, federal laws, and laws of the Region adopted in accordance therewith.
3. In order to ensure economic guarantees of local self-government, state authorities of the Region shall exercise the following powers provided for by federal law:
1) establishing revenues credited to local budgets from regional taxes and levies at tax rates in accordance with the law of the Region;
2) establishing uniform deduction rates to local budgets from regional taxes and levies, as well as from federal taxes and levies subject to crediting to the regional budget;
3) establishing the procedure for equalizing the level of fiscal provision for settlements from the regional financial support fund for settlements;
4) establishing the procedure for equalizing the level of fiscal provision for settlements from district financial support funds for settlements;
5) establishing the procedure for equalizing the level of fiscal provision for municipal districts (urban districts) from the regional financial support fund for municipal districts (urban districts);
6) other powers provided for by federal laws.
4. In cases and in the manner provided for by federal laws and laws of the Region, inter-budgetary transfers may be granted from the regional budget to local budgets in the forms provided for by the Budget Code of the Russian Federation.
Chapter 13. PROCEDURE FOR ADOPTION AND ENTRY INTO FORCE OF THE REGIONAL CHARTER AND AMENDMENTS THERETO
Article 59
1. A draft Charter of the Region and amendments thereto may be submitted for consideration by the Legislative Assembly by subjects holding the right of legislative initiative, in the manner established for the submission of draft laws.
2. The draft Charter of the Region shall be considered by the Legislative Assembly at first reading after its review by the Government and at meetings of committees (commissions) of the Legislative Assembly.
The draft Charter of the Region adopted at first reading shall be subject to mandatory publication in the mass media and open public discussion.
3. Consideration of amendments to the Charter of the Region shall be carried out in the manner established for the consideration of draft laws. Amendments to the Charter of the Region, with the exception of amendments relating to bringing the Charter of the Region into conformity with federal laws, may be published in the mass media and submitted for open public discussion.
4. The Charter of the Region and amendments to the Charter of the Region shall be adopted by a majority of not less than two thirds of the votes of the established number of deputies of the Legislative Assembly.
5. The signing and promulgation of the Charter of the Region and amendments thereto shall be carried out in the manner established for the promulgation of laws of the Region.
6. The Charter of the Region and laws of the Region on amendments to the Charter of the Region shall enter into force no earlier than ten days after their official publication.
Governor of the Region V.P. SHANTSEV
Nizhny Novgorod December 30, 2005 N 219-Z
cited from the official website of the Legislative Assembly of Nizhny Novgorod Region.
See also
Links
Sources
- ru.wikisource.org — Charter of Nizhny Novgorod Region — Wikisource (archive)
- Regional Legislative Assembly — The Charter was signed by Nizhny Novgorod Region Governor V. P. Shantsev on December 30, 2005, and assigned the number 219-Z; text… (archive)
- nn.aif.ru — The Deputy Governor of Nizhny Novgorod Region will be replaced by several First Deputies (archive)