CHARTER
(as amended by the laws of Nizhny Novgorod Region of 13 March 2006 No. 12-Z, of 29 June 2006 No. 55-Z, of 7 July 2006 No. 63-Z, of 30 November 2006 No. 137-Z, of 1 March 2007 No. 20-Z, of 3 May 2007 No. 49-Z, of 5 September 2007 No. 106-Z, of 5 February 2008 No. 1-Z, of 25 December 2008 No. 186-Z, of 29 April 2009 No. 38-Z, of 7 May 2010 No. 69-Z, of 4 August 2010 No. 114-Z, of 21 December 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, recognising the rights and freedoms of man and citizen as the highest values, contributing to the preservation of the state integrity of the Russian Federation and to the strengthening of its federal foundations, caring for the economic and social development of Nizhny Novgorod Region, basing itself on the historical and cultural traditions of the population of Nizhny Novgorod Region, attaching great importance to the development of local self-government, proceeding from its responsibility before the population of Nizhny Novgorod Region, 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 by this Charter.
2. The status of the region may be changed by mutual consent of the Russian Federation and the region in accordance with a federal constitutional law.
3. The region has its own flag, coat of arms and anthem, the description and procedure for the official use of which are established by the laws of the region.
(as amended by the Law of Nizhny Novgorod Region of 5 February 2008 No. 1-Z)
4. A law of the region and other regulatory legal acts of the region may establish symbols of the state authorities of the region.
Article 2
1. The source of state power in 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, and also through the state authorities of the region and the bodies of local self-government.
3. The supreme direct expression of the power of the population of the region are the referendum and free elections. The procedure for holding regional and local referendums and elections to the state authorities of the region and the bodies of local self-government is established by the laws of the region adopted in accordance with federal laws.
4. The state authorities of the region ensure the realisation of the right of citizens to participate in the management of state affairs both directly and through their representatives, including by legislatively securing guarantees of the timely setting of the date of elections to the state authorities of the region and the bodies of local self-government and guarantees of the periodic holding of the said 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 population of the region and are accountable to it.
6. No one may appropriate power or the authority of the state bodies of the region and of 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 establishing other provisions that form the basis of the legislation of Nizhny Novgorod Region.
2. The Charter of the region has direct effect and supreme legal force in relation to all regulatory legal acts of the region and applies throughout the territory of the region.
3. Laws and other regulatory legal acts adopted in the region must not contradict this Charter. In the event of a contradiction between them, this Charter shall apply.
Article 4
1. The state authorities of the region and the bodies of local self-government, and their officials, are obliged to observe the Constitution of the Russian Federation, the laws and other regulatory legal acts adopted by the state authorities of the Russian Federation within the limits of their powers.
2. In the matters of jurisdiction of the Russian Federation established by the Constitution of the Russian Federation, the state authorities of the region carry out law-enforcement activity.
3. In the matters of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the state authorities of the region adopt laws of the region and other regulatory legal acts in accordance with federal laws.
Until federal laws are adopted on matters assigned to joint jurisdiction, the state authorities of the region have the right to carry out their own legal regulation on such matters. After the adoption of the relevant federal law, the laws and other regulatory legal acts of the state authorities of the region shall be brought into conformity with the adopted federal law within three months.
4. Outside the limits of jurisdiction indicated in parts 2 and 3 of this article, the region possesses the full plenitude of state power and carries out its own legal regulation.
Chapter 2. TERRITORY AND ADMINISTRATIVE-TERRITORIAL STRUCTURE OF THE REGION
Article 5
1. The territory of the region is an inalienable part of the single territory of the Russian Federation.
2. The region borders on 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, Ryazan Region.
3. The borders of the region are agreed with the constituent entities of the Russian Federation adjoining the region. The description of the borders of Nizhny Novgorod Region is approved by a law of the region.
(part 3 as amended by the Law of Nizhny Novgorod Region of 5 February 2008 No. 1-Z)
4. A change of the borders of the region with other constituent entities of the Russian Federation is made by their mutual consent in accordance with the Constitution of the Russian Federation.
5. The administrative centre of the region is the city of Nizhny Novgorod.
Article 6
1. The administrative-territorial structure of the region and the procedure for changing it are established by a law of the region.
2. The entire territory of the region is divided into administrative-territorial entities, taking into account its historically established administrative-territorial structure.
3. The administrative-territorial entities in the region are cities of regional significance, districts of the region, towns of district significance, intra-city districts of cities of regional significance, workers' settlements, resort settlements and rural councils.
4. Administrative-territorial entities are recorded in the Register of Administrative-Territorial Entities and Urban and Rural Settlements of Nizhny Novgorod Region, the procedure for maintaining which is determined by the Government of Nizhny Novgorod Region (hereinafter — the Government).
5. The formation, transformation or abolition of administrative-territorial entities, with the exception of the closed administrative-territorial entity of the town of Sarov, is carried out by a law of the region taking into account the opinion of the population. The assignment of names to, and the renaming of, administrative-territorial entities are carried out in the manner established by federal legislation.
Chapter 3. ENSURING AND PROTECTING THE RIGHTS AND FREEDOMS OF MAN AND CITIZEN IN THE TERRITORY OF THE REGION
Article 7
1. Ensuring and protecting the rights and freedoms of man and citizen established by the Constitution of the Russian Federation, federal laws, this Charter and the laws of the region is the principal content of the activity of the state authorities of the region and of the bodies of local self-government.
2. No laws or other regulatory legal acts of the state authorities of the region or of the bodies of local self-government abolishing or diminishing the rights and freedoms of man and citizen may be adopted in the region.
3. The laws of the region may establish additional guarantees for ensuring the rights and freedoms and the social protection of the residents of the region.
4. For the purpose of protecting the rights and freedoms of man and citizen, the office of the Commissioner for Human Rights in Nizhny Novgorod Region is instituted in the region, whose status, powers and procedure of activity are established by a law of the region; other bodies and public associations for the protection of the rights and freedoms of citizens may also be created.
Article 8
1. Everyone has the right to apply in person, and also to send individual and collective appeals, to the state authorities of the region, to other state bodies of the region and to the bodies of local self-government.
2. The Governor, the deputies of the Legislative Assembly, and the officials of the state authorities of the region, of other state bodies of the region and of the bodies of local self-government are obliged to consider such appeals in the manner and within the time limits established by federal law.
(as amended by the Law of Nizhny Novgorod Region of 30 November 2006 No. 137-Z)
3. The laws and other regulatory legal acts of the region may establish provisions aimed at protecting the right of citizens to make appeals, including establishing guarantees of the right of citizens to make appeals that supplement the guarantees established by federal law.
Administrative liability for the violation of the said provisions is established by a law of the region.
(part 3 as amended by the Law of Nizhny Novgorod Region of 30 November 2006 No. 137-Z)
Article 9
1. The work of the Governor, the Legislative Assembly, the Government, other executive authorities of the region, the state bodies of the region and the bodies of local self-government is carried out on the basis of the principles of legality, openness and publicity.
The said bodies, in the established manner, inform the population about their activity and about the state of affairs in the region or in the relevant municipal entity.
2. The bodies of state power of the region submit the most important issues of the region's life for public discussion. Public hearings may be held on draft laws of the region that are of public interest or of special social significance; citizens, representatives of public associations and mass media, scholars and specialists have the right to take part in such hearings.
Article 10
1. In accordance with federal legislation, the region ensures state guarantees of the rights of citizens to receive generally accessible and free primary general, basic general and secondary (complete) general education and 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 the laws of the region.
2. The region takes measures to protect the health of citizens, to develop the system of health care and compulsory medical insurance, to prevent diseases, to provide medical and social assistance, to ensure sanitary and epidemiological well-being, and to resolve other issues in the sphere of protecting the health of citizens.
3. State policy in the region in the sphere of social support of the population is built 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 implements regional and local programmes for labour protection, promotion of employment, development and improvement of the quality of labour resources, increase of the population's incomes, support of the family, motherhood, fatherhood and childhood, support of persons with disabilities and elderly citizens, prevention of neglect of minors, regional and local housing programmes and other programmes.
2. The region carries out measures to protect the environment and ensure ecological safety, to maintain law and order and combat crime, as well as measures aimed at the development of education, culture, health care, physical culture and sport, housing and communal services, and urban planning activity.
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 of competition, and free movement of goods, services and financial resources, and is aimed at the comprehensive development of all branches of the production and social infrastructure in the interests of the population of the region, taking into account nationwide needs.
2. The main directions of the economic policy of the region include:
1) promoting the development of all forms of ownership and of entrepreneurship, and increasing the efficiency of material production and of the services sector;
2) encouraging any lawful forms of attracting capital and investment that contribute to the development of the region's economy;
3) increasing the efficiency of the management of the state property of the region;
4) expanding the foreign economic ties of the region.
Article 13
The economic basis of the activity of the bodies of state power of the region consists of property owned by the region, the funds of the regional budget and of the territorial state extra-budgetary funds of the region, as well as the property rights of the region.
Article 14
The state property of the region comprises:
1) property necessary for the exercise of the powers of the bodies of state power of the region over subjects of jurisdiction of the region and subjects of joint jurisdiction of the Russian Federation and the region, exercised by these bodies independently at the expense of the regional budget or, in cases established by federal law, at the expense of subventions from the federal budget;
2) property necessary for the exercise of certain powers of the Russian Federation over subjects of jurisdiction of the Russian Federation and subjects of joint jurisdiction of the Russian Federation and the region that have been transferred by federal laws to the bodies of state power of the region;
(clause 2 as amended by the Law of the Nizhny Novgorod Region of 1 March 2007 No. 20-Z)
3) property necessary to support the activity of the bodies of state power of the region, of the state civil servants of the region, of the employees of state unitary enterprises of the region and of the employees of state institutions of the region in accordance with the laws of the region;
4) property necessary for the exercise of powers the right to exercise which has been granted to the bodies of state power of the region by federal laws.
(clause 4 introduced by the Law of the Nizhny Novgorod Region of 7 July 2006 No. 63-Z)
Article 15
1. The state property of the region comprises the funds of the regional budget and the property of the region, including property assigned to state unitary enterprises of the region and to state institutions of the region under the right of economic management or operational administration, or transferred into trust management, gratuitous use or lease.
2. Property held in the state ownership of the region is subject to obligatory registration in the Register of Property of the State Ownership of the Region in the manner established by federal law. The Register is compiled and maintained by the authorised body of executive power of the region.
(as amended by the Law of the Nizhny Novgorod Region of 4 August 2010 No. 114-Z)
3. The management and disposal of the state property of the region are carried out in the manner established by federal laws and the laws of the region.
Article 16
1. The financial resources of the region consist of the funds of the regional budget, credit resources, securities, appropriations from the federal budget, and also other funds received in accordance with federal legislation.
2. The financial resources of the region are used for the development of the social sphere of the region, for ensuring the well-being of the population, and for the implementation of other functions of the bodies of state power of the region and of local self-government bodies.
3. The formation of the financial resources of the region and their management and disposal are carried out by the Government in the manner established by a law of the region in accordance with federal legislation.
4. The region has the right to raise borrowed funds, including through the issue of state securities of the region, in the manner established by a law of the region in accordance with federal laws and other normative legal acts of the Russian Federation.
Article 17
1. The region has its own budget — the regional budget.
2. The regional budget and the aggregate of the budgets of the municipal formations of the region (excluding inter-budgetary transfers between these budgets) constitute the consolidated budget of the region.
3. The procedure for the formation, consideration, approval and execution of the regional budget and of the budgets of the territorial state extra-budgetary funds, for control over their execution, and also for the formation of inter-budgetary relations, is established by a law of the region in accordance with federal legislation.
4. The region maintains a Register of Expenditure Obligations in accordance with the requirements of the budgetary legislation of the Russian Federation and of the 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 and not assigned to state unitary enterprises of the region or to state institutions of the region constitute the treasury of the region.
Article 19
1. International cooperation and the foreign economic ties of the region are carried out in accordance with federal legislation and the legislation of the region.
2. The region cooperates with other constituent entities of the Russian Federation, concludes agreements and treaties with them, and interacts with them in other forms.
Chapter 5. BODIES OF STATE POWER OF THE REGION
Article 20
1. The bodies of state power of the region are formed and act 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 bodies of state power of the Russian Federation and the bodies of state power of the constituent entities of the Russian Federation.
2. State power in the region is exercised on the basis of its division into legislative, executive and judicial power.
Article 21
1. The system of bodies of state power in the region consists of:
1) the legislative (representative) body of state power of the region — the Legislative Assembly;
2) the supreme executive body of state power of the region — the Government, headed by the Governor, Chairman of the Government;
(as amended by the Law of the Nizhny Novgorod Region of 21 December 2010 No. 205-Z)
3) the ministries and other bodies of executive power of the region;
4) the justices of the peace and the Charter Court of the Nizhny Novgorod Region. The highest official of the region is the Governor, Chairman of the Government.
(as amended by the Law of the Nizhny Novgorod Region of 21 December 2010 No. 205-Z)
2. In accordance with federal laws and (or) the present Charter, the laws of the region establish state bodies of the region that do not form part of the system of bodies of state power of the region.
3. In accordance with federal legislation, territorial bodies formed by federal bodies of executive power to exercise their powers operate on the territory of the region.
Article 22
1. For the exercise of powers relating to the preparation and conduct of elections to the bodies of state power of the region, permanently acting electoral commissions are formed on the territory of the region in accordance with federal laws and the laws of the region: the Electoral Commission of the Nizhny Novgorod Region and territorial electoral commissions.
2. The status and powers of the Electoral Commission of the Nizhny Novgorod Region and of its officials are established by a law of the region in accordance with federal law.
Article 23
1. The direct exercise of the powers of the bodies of state power and other state bodies of the region and of the persons holding state offices of the region is ensured by the professional service activity 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, with service therein and its termination, and also with the determination of the legal position (status) of a state civil servant of the region, are regulated by federal laws, other normative legal acts of the Russian Federation, and the laws and other normative legal acts of the region.
3. The system of management of the state civil service of the region ensures:
1) the unity of the state civil service of the region;
2) the interaction of the bodies of state power of the region with federal bodies of state power, with the bodies of state power of other constituent entities of the Russian Federation and with local self-government bodies;
3) the coordination of the activity of the bodies of state power of the region on matters of entry into the state civil service of the region;
4) service in and termination of the state civil service of the region;
5) the professional retraining and advanced training of state civil servants.
4. For the purposes of managing the state civil service of the region, a corresponding state body of the region may be created in accordance with federal legislation.
Chapter 6. THE GOVERNOR
Article 24
1. The Governor is the highest official of the region and the Chairman of the Government.
2. A citizen of the Russian Federation who does not hold the citizenship of a foreign state or 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, and who has reached the age of thirty, may be Governor.
(part 2 as amended by the Law of the Nizhny Novgorod Region of 30 November 2006 No. 137-Z)
3. The Governor may not simultaneously be a deputy of the State Duma of the Federal Assembly of the Russian Federation, a member of the Council of the Federation of the Federal Assembly of the Russian Federation, or a judge, nor hold other state offices of the Russian Federation, other state offices of the region, positions of the federal state service, positions of the state civil service of the region, or municipal offices and positions of the municipal service, and may not engage in other paid activity apart from teaching, scholarly and other creative activity, unless otherwise provided by the legislation of the Russian Federation. At the same time, teaching, scholarly and other creative activity may not be financed exclusively at the expense of foreign states, international and foreign organisations, foreign citizens or stateless persons, unless otherwise provided by an international treaty of the Russian Federation or by the legislation of the Russian Federation.
(as amended by the laws of the Nizhny Novgorod Region of 3 May 2007 No. 49-Z, of 5 February 2008 No. 1-Z, of 29 April 2009 No. 38-Z)
The Governor is not entitled to be a member of the management bodies, boards of trustees or supervisory boards, or other bodies of foreign non-commercial non-governmental organisations or of 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 the Law of the Nizhny Novgorod Region of 3 May 2007 No. 49-Z)
Other restrictions established for members of the Government of the Russian Federation also apply to the Governor.
(paragraph introduced by the Law of the Nizhny Novgorod Region of 29 April 2009 No. 38-Z)
Article 25
1. A citizen of the Russian Federation is vested with the powers of Governor by the Legislative Assembly upon the nomination of the President of the Russian Federation for a term of five years, in the manner provided by federal law and by the present Charter.
2. The Legislative Assembly considers the candidate for Governor put forward by the President of the Russian Federation, including in the case of a repeated nomination of a candidate for Governor by the President of the Russian Federation, at a regular (extraordinary) sitting within ten days from the day the nomination (repeated nomination) is submitted.
(part 2 as amended by the Law of the Nizhny Novgorod Region of 7 May 2010 No. 69-Z)
The decision on setting the date for the consideration by the Legislative Assembly of the proposal on the candidate for Governor is taken no later than three days from the day of its receipt by the Legislative Assembly.
3. A decision of the Legislative Assembly on vesting a citizen of the Russian Federation with the powers of Governor is adopted in the manner established by the Rules of Procedure of the Legislative Assembly, and is deemed adopted if more than half of the established number of deputies voted for it.
If, following the results of the voting, a decision on vesting a citizen of the Russian Federation with the powers of Governor is not adopted, the results of the voting are formalised by a resolution rejecting that candidacy.
1
3. If a decision on vesting a citizen of the Russian Federation with the powers of Governor is adopted by the Legislative Assembly before the day on which the Governor's term of office expires, the citizen of the Russian Federation vested with the said powers takes office on the day the term expires or on the day the Governor's powers are terminated early.
If a decision on vesting a citizen of the Russian Federation with the powers of Governor is adopted by the Legislative Assembly on or after the day the Governor's term of office expires, the citizen of the Russian Federation vested with the said powers takes office on the day the Legislative Assembly adopts the said decision.
1
(part 3 introduced by the Law of Nizhny Novgorod Region of 07.05.2010 No. 69-Z)
4. On taking office the Governor swears the Oath of Office of the Governor of the Nizhny Novgorod Region:
"I swear that, in exercising the powers of the highest official - the Governor of Nizhny Novgorod Region - I shall observe the Constitution of the Russian Federation and federal laws, the Charter and the laws of Nizhny Novgorod Region, shall conscientiously perform the duties entrusted to me, and shall devote all my strength and knowledge to securing the well-being of the residents of the region and the rights and freedoms of man and citizen".
5. The Governor is deemed to have taken office from the moment of swearing the oath.
(part 5 introduced by the Law of Nizhny Novgorod Region of 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 local self-government bodies;
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 the laws of the region by their official publication, or rejects the laws of the region adopted by the Legislative Assembly;
6) forms and heads the Government in accordance with the legislation of the region, and takes the decision on its resignation;
7) ensures the coordination of the activity of the executive bodies of power of the region with the Legislative Assembly and other state bodies of the region and, in accordance with the legislation of the Russian Federation, may organise the interaction of the executive bodies of power of the region with federal executive bodies and their territorial bodies, with local self-government bodies and with public associations;
8) has the right to demand the convocation of an extraordinary sitting of the Legislative Assembly, as well as to convene a newly elected Legislative Assembly for its first sitting earlier than the date established by this Charter;
1
8 ) submits to the Legislative Assembly annual reports on the
results of the Government's activity, including on matters
raised by the Legislative Assembly;
1
(item 8 as amended by the Law of Nizhny Novgorod Region of 07.05.2010 No. 69-Z)
9) has the right to take part in the work of the Legislative Assembly with a consultative vote;
10) terminates the powers of the Legislative Assembly early in the cases provided for by federal law;
11) determines the structure of the executive bodies of power of the region in accordance with this Charter;
12) appoints the Vice-Governor, first Deputy Chairman of the Government (hereinafter - the Vice-Governor); deputies of the Governor, deputy chairmen of the Government (hereinafter - deputies of the Governor); ministers; heads of executive bodies of power of the region that are not members of the Government, and their deputies; heads of other bodies and organisations attached to the Government, and dismisses the said persons from office;
(as amended by the Law of Nizhny Novgorod Region of 29.06.2006 No. 55-Z)
13) in the cases and in the manner established by federal law, takes the decision to remove from office the heads of municipal formations or the heads of local administrations;
14) signs the treaty on the delimitation of powers between the bodies of state power of the Russian Federation and the bodies of state power of the region and forwards it to the President of the Russian Federation in the manner provided for by federal law, and also signs agreements with federal executive bodies on the transfer of the exercise of part of their powers;
15) exercises other powers in accordance with federal laws, this Charter and the laws of the region.
2. In cases where the Governor is unable to perform his duties owing to illness, leave or a business trip, they are temporarily performed by the Vice-Governor, and in his absence by one of the deputies of the Governor in accordance with a Decree of the Governor, except in the case where, in accordance with federal law, an acting Governor is appointed by the President of the Russian Federation.
(as amended by the Law of Nizhny Novgorod Region of 07.05.2010 No. 69-Z)
Article 27
1. The powers of the Governor are terminated early in the event of:
1) his death;
2) his resignation at his own request;
3) his removal from office by the President of the Russian Federation in connection with a vote of no confidence expressed in him by the Legislative Assembly in accordance with federal law;
4) his removal from office by the President of the Russian Federation in connection with the loss of the confidence of the President of the Russian Federation, for improper performance of his duties, and also in other cases provided for by federal law;
5) his being declared by a court to lack legal capacity or to have limited legal capacity;
6) his being declared by a court to be missing or being pronounced dead;
7) the entry into legal force of a court's judgment of conviction in respect of him;
8) his departure beyond the borders of the Russian Federation for permanent residence;
9) his loss of the citizenship of the Russian Federation, his acquisition of the citizenship of a foreign state, or his obtaining a residence permit or other document confirming the right of a citizen of the Russian Federation to reside permanently on the territory of a foreign state.
(item 9 as amended by the Law of Nizhny Novgorod Region of 30.11.2006 No. 137-Z)
2. The decision on the early termination of the powers of the Governor is taken by the Legislative Assembly upon the submission of the President of the Russian Federation, except in the cases provided for by items 1 - 4 of part 1 of this article.
(as amended by the laws of Nizhny Novgorod Region of 13.03.2006 No. 12-Z and of 01.03.2007 No. 20-Z)
3. The Legislative Assembly has the right to express no confidence in the Governor in the event of:
1) his issuance of acts contradicting the Constitution of the Russian Federation, federal laws, the Charter and the laws of the region, if such contradictions have been established by the appropriate court and the Governor has not eliminated the said contradictions within a month from the day the court's decision entered into force;
2) another gross violation by the Governor, established by the appropriate court, 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 the laws of the region, if this has entailed a mass violation of the rights and freedoms of citizens;
3) improper performance by the Governor of his duties.
4. A decision of the Legislative Assembly on no confidence in the Governor is adopted by two thirds of the votes of the established number of deputies on the initiative of not less than one third of the established number of deputies and, within five days, is forwarded for consideration to the President of the Russian Federation for the resolution of the question of removing the Governor from office.
5. A decision of the President of the Russian Federation on removing the Governor from office entails the resignation of the Government headed by him. In the event of the Government's resignation, it continues to act until a Government of a new composition is formed.
6. An acting Governor appointed by the President of the Russian Federation in accordance with federal legislation does not have the right to:
(as amended by the Law of Nizhny Novgorod Region of 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 convocation of an extraordinary sitting of the Legislative Assembly, or convene a newly elected Legislative Assembly for its first sitting.
Chapter 7. THE LEGISLATIVE ASSEMBLY
Article 28
1. The Legislative Assembly is the permanently acting supreme and sole body of legislative power of the region.
The provision of part 2 of article 28 does not extend to the deputies of the Legislative Assembly of Nizhny Novgorod Region elected at elections held before the said provision was put into effect (article 3 of the Law of Nizhny Novgorod Region of 30.12.2005 No. 220-Z).
2. The Legislative Assembly consists of 50 deputies (hereinafter - the established number of deputies) elected by the population of the region for five years.
3. Of the membership of the Legislative Assembly, 25 deputies are elected in single-mandate electoral districts and 25 deputies are elected in the single (regional) electoral district in proportion to the number of votes cast for the lists of candidates nominated by electoral associations.
4. The Legislative Assembly is competent if not less than two thirds of the established number of deputies have been elected to its membership.
5. The Legislative Assembly meets for its first sitting not later than the thirtieth day from the day of its election in a competent composition. This sitting is opened and chaired, until the election of the Chairman of the Legislative Assembly, by the oldest deputy.
(as amended by the Law of Nizhny Novgorod Region of 05.09.2007 No. 106-Z)
6. From the day the Legislative Assembly of a new convocation begins its work, the powers of the Legislative Assembly of the previous convocation and of its deputies are terminated.
Article 29
1. The deputies of the Legislative Assembly are elected by citizens of the Russian Federation residing on 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 on the day of voting may be elected a deputy of the Legislative Assembly.
3. The procedure for the preparation and conduct of elections to the Legislative Assembly is established by a law of the region in accordance with federal legislation.
Article 30
1. At its first sitting the deputies of the Legislative Assembly swear an oath of the following content:
"I swear to perform conscientiously, using all my abilities, the duties of a deputy entrusted to me by the electors and by law, to observe the Constitution of the Russian Federation and federal laws, the Charter and the laws of Nizhny Novgorod Region, to work for the improvement of the safety and standard of living of the population, and to further the protection of the rights and freedoms of man and citizen. No private, local or political interests shall be higher for me than the interests of the residents of the region and of the Russian state".
2. The rights and duties of the deputies of the Legislative Assembly, the guarantees and conditions for carrying out the activity of a deputy, and the restrictions connected with the activity of a deputy, are established by a law of the region in accordance with federal laws.
3. The deputies of the Legislative Assembly exercise their powers on a professional permanent basis, or on a professional basis for a specified period, or without interrupting their principal occupation. The number of deputies working on a professional permanent basis is established by a law of the region.
Article 31
1. The competence of the Legislative Assembly comprises:
1) the adoption of the Charter of the region and of amendments to it;
2) the exercise of legislative regulation on the subjects of jurisdiction of the region and on the subjects of joint jurisdiction of the Russian Federation and the region within the limits of the powers of the region;
1
2 ) the hearing of the annual reports of the Governor on the results of
the Government's activity, including on matters raised by the
Legislative Assembly;
1
(item 2. introduced by the Law of Nizhny Novgorod Region of 07.05.2010 No. 69-Z)
by the Legislative Assembly;
3) the exercise of other powers established by the Constitution of the Russian Federation, federal laws, this 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 programmes 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 are established, as well as the procedure for collecting them;
4) the procedure for organising 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 instituted;
7) the procedure for the management and disposal of the property of the region is established, including the shares (participation interests, stock) of the region in the capital of business companies, partnerships and enterprises of other organisational and legal forms, and the privatisation of objects of state property of the region;
8) administrative liability is established for the violation of the laws and other normative legal acts of the region and of the normative legal acts of local self-government bodies;
(item 8 as amended by the Law of Nizhny Novgorod Region of 04.08.2010 No. 114-Z)
9) the procedure for the preparation and conclusion of agreements of the bodies of state power of the region on cooperation with the constituent entities of the Russian Federation and of foreign economic agreements is established, and the conclusion and termination of treaties of the region are approved;
10) the administrative and territorial structure of the region and the procedure for changing it are established;
11) the system of executive bodies of state power 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, and 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, this 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 activity of the committees (commissions) and of the staff of the Legislative Assembly are adopted;
2) a decision is issued on vesting a citizen of the Russian Federation, upon nomination by the President of the Russian Federation, with the powers of Governor, as well as a decision to reject that candidacy;
3) consent is given to the appointment to the offices of Vice-Governor and Deputy Governors;
4) consent is given to the appointment to the office of prosecutor of the Nizhny Novgorod Region;
5) individual officials are appointed to and released from office, and consent is given to their appointment to office, where such a procedure of appointment is provided for by the Constitution of the Russian Federation, federal laws and this Charter;
6) a decision of no confidence (confidence) in the Governor is issued, as well as a decision of no confidence (confidence) in the heads of the executive authorities of the region in whose appointment to office the Legislative Assembly took part in accordance with this Charter;
7) the date of elections of deputies of the Legislative Assembly is set, and a regional referendum is called;
8) an agreement on changing the borders of the region and of the constituent entities of the Russian Federation adjoining it is approved;
9) a draft treaty on the delimitation of powers is endorsed;
10) justices of the peace and judges of the Charter Court of the region are appointed to office;
11) decisions are issued on the self-dissolution of the Legislative Assembly and on the early termination of the powers of its deputies in the cases provided for by federal laws and the laws of the region;
12) other decisions of the Legislative Assembly are issued on matters referred to its jurisdiction by 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, along with other bodies authorised to do so, control over compliance with and implementation 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 disposing of the property of the region.
2. In order to organise and exercise control over the execution of the regional budget and of the territorial state extra-budgetary funds of the region, control over the expenditure of other financial resources of the region and over the use of state property of the region, the Legislative Assembly forms an audit chamber.
(as amended by the Law of the Nizhny Novgorod Region of 05.02.2008 No. 1-Z)
3. The status, composition and procedure for the activities of the audit chamber are determined by a law of the region.
Article 33
1. The principal form of work of the Legislative Assembly is its sittings, in the course of which the powers referred to its jurisdiction are exercised through the adoption of laws of the region and resolutions of the Legislative Assembly.
2. A sitting of the Legislative Assembly is competent if at least two thirds of the established number of deputies take part in it.
3. The frequency of sittings of the Legislative Assembly is determined by the Rules of Procedure of the Legislative Assembly. A competent sitting of the Legislative Assembly is held at least once every three months.
(as amended by the Law of the Nizhny Novgorod Region of 05.09.2007 No. 106-Z)
4. Extraordinary sittings of the Legislative Assembly are convened on the initiative of the Governor, the Chairman of the Legislative Assembly or of deputies numbering at least one third of the established number of deputies. The procedure for convening extraordinary sittings 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 Chairman of the Legislative Assembly.
2. The Chairman of the Legislative Assembly is elected from among the deputies at the first sitting 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 Chairman 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 of other constituent entities of the Russian Federation, local self-government bodies, public associations and organisations, and also concludes agreements in the manner established by federal laws and the laws of the region;
2) convenes and chairs sittings of the Legislative Assembly and organises the activity of the deputies;
3) forwards to the Governor, for signature and promulgation, the laws adopted by the Legislative Assembly;
4) signs the resolutions adopted by the Legislative Assembly;
5) exercises general direction of the activity of the staff of the Legislative Assembly and the hiring and dismissal of its employees in accordance with labour legislation and the legislation on the state civil service;
6) opens and closes the personal account of the Legislative Assembly and is the manager of that account;
7) applies to the courts with statements and complaints on behalf of the Legislative Assembly;
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 Deputy Chairmen of the Legislative Assembly from among the deputies.
5. In the absence of the Chairman of the Legislative Assembly, his powers are exercised by one of the Deputy Chairmen of the Legislative Assembly in the manner determined by the Legislative Assembly.
6. The number of Deputy Chairmen of the Legislative Assembly, the procedure for their election, the distribution of duties among them and the procedure for performing those duties are determined by the Legislative Assembly.
Article 35
1. The Legislative Assembly forms committees (commissions) from among the deputies for the term of its powers, and temporary commissions for the resolution of particular tasks.
2. The number, names, structure, procedure for formation, powers and organisation of the work of the committees and commissions are determined by the Legislative Assembly.
3. Deputies' associations (factions and deputies' groups) are formed in the Legislative Assembly. The procedure for forming deputies' associations, their rights and the procedure for their participation in the work of the Legislative Assembly are determined by a law of the region and the Rules of Procedure of the Legislative Assembly.
Article 36
1. The Legislative Assembly enjoys the rights of a legal entity and has a seal bearing the state emblem.
2. Expenditures for supporting the activity of the Legislative Assembly are provided for in the regional budget separately from other expenditures in accordance with federal legislation.
3. The organisational, legal, informational and logistical support of the activity of the Legislative Assembly, its committees, commissions and deputies is provided by the staff of the Legislative Assembly, which works 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 event of:
1) the adoption by the Legislative Assembly of a resolution on self-dissolution before the expiry of its term of office;
2) the dissolution of the Legislative Assembly by a Decree of the Governor on the grounds provided for by federal law;
(as amended by the Law of the Nizhny Novgorod Region of 05.09.2007 No. 106-Z)
3) the entry into force of a decision of the Nizhny Novgorod Regional Court declaring the present composition of deputies of the Legislative Assembly incompetent, including in connection with deputies laying down their powers;
4) the entry into force of 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.
2. A resolution of the Legislative Assembly on self-dissolution is adopted by a majority of at least 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 end of the deputies' term of office. The resolution on self-dissolution sets the date of extraordinary elections of deputies of the Legislative Assembly.
3. Repealed. - Law of the Nizhny Novgorod Region of 05.09.2007 No. 106-Z.
4. In the case provided for by paragraph 1 of part 1 of this article, the powers of the Legislative Assembly are terminated early from the day of entry into force of the resolution of the Legislative Assembly on self-dissolution, or on another date specified in that resolution.
5. In the event of early termination of the powers of the Legislative Assembly, extraordinary elections of deputies of the Legislative Assembly are called and held within the time limits established by federal law and by a law of the region.
Chapter 8. THE GOVERNMENT AND OTHER BODIES
OF 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 executive authorities of the region and controls their activity.
2. The Governor heads the Government, determines the main directions of the Government's activity and organises its work.
3. The system of executive authorities of the region includes the Government, the ministries and other executive authorities of the region formed by the Government.
The structure of the executive authorities of the region is determined by the Governor of the region.
4. In order to exercise its powers, the Government may create sectoral, functional and territorial executive authorities of the region and control the activity of those bodies.
5. Within the limits of the jurisdiction of the Russian Federation and the powers of the Russian Federation on 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 authorities, the Government and other executive authorities of the region form a single system of executive power.
Article 39
1. The Government enjoys the rights of a legal entity and has a seal bearing the state emblem.
2. The procedure for the activity of the Government is determined by a law of the region.
3. The financing of the Government and of the executive authorities of the region headed by it is carried out from the funds of the regional budget provided for under a separate line item.
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 agreement with the Legislative Assembly.
Pending agreement with the Legislative Assembly, the persons concerned may perform their duties in the said offices for no longer than three months.
3. The Government is a collegial body. Decisions on the exercise of its powers are taken by the Government at its sittings in the manner provided for by the Rules of Procedure of the Government.
4. Persons determined by federal laws and the laws of the region have the right to take part in the sittings of the Government in the manner established by the Rules of Procedure of the Government.
(part 4 as amended by the Law of the Nizhny Novgorod Region of 21.12.2010 No. 205-Z)
Article 41
1. The Government ensures the implementation on the territory of the region of the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter, and the laws and other regulatory legal acts of the region.
2. The Government develops and implements measures to ensure the comprehensive social and economic development of the region and takes part in pursuing a unified state policy in the fields of economics and forecasting, industry, finance, foreign economic relations, the fuel and energy complex, agriculture, construction and housing and communal services, transport, roads and communications, education, science, health care, culture and the arts, sport and tourism, social protection of the population, environmental protection and the use of natural resources, the protection and use of historical and cultural heritage, the formation and maintenance of the archival collections of the region, and other spheres of the region's life.
3. The Government:
1) takes, within the limits of its powers, measures to implement, ensure and protect the rights and freedoms of the individual and the citizen, to protect property and public order, to counter terrorism and extremism, and to combat crime;
(as amended by the Law of the Nizhny Novgorod Region of 05.09.2007 No. 106-Z)
2) develops, for submission by the Governor to the Legislative Assembly for consideration, the draft regional budget for the next financial year, as well as draft programmes for the social and economic development of the region;
(as amended by the Law of the Nizhny Novgorod Region of 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 activity, including
on matters raised by the Legislative Assembly, for
submission by the Governor to the Legislative Assembly;
1
(item 3 introduced by the Law of the Nizhny Novgorod Region of 07.05.2010 No. 69-Z)
4) forms the ministries and other executive authorities of the region, approves the regulations governing them and directs their activity;
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 regulatory legal acts of the Russian Federation;
(as amended by the Law of the Nizhny Novgorod Region of 01.03.2007 No. 20-Z)
6) has the right to propose to a local self-government body or an elected or other official of local self-government that they bring the legal acts issued by them into conformity with the legislation of the Russian Federation where such acts contradict the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter, or the laws and other regulatory legal acts of the region, and also has the right to apply to a court;
7) exercises the powers of the executive authorities of the region that are not referred to the powers of the Governor and of 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 for consideration draft regulatory 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 the laws of the region, as well as those delegated 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 oblast for the purpose of effective management of the processes of economic and social development of the oblast in the interests of its population.
The Governor has the right to appoint his plenipotentiary representative to the Legislative Assembly.
2. Legal acts of the Governor and normative legal acts of the Government and of other executive authorities of the oblast are sent to the Legislative Assembly no later than ten days after their issuance (adoption).
3. The Governor has the right to apply to the Legislative Assembly with a proposal to amend resolutions of the Legislative Assembly or to repeal them, and also, in accordance with federal legislation, has the right to appeal against the said resolutions in court.
4. The Legislative Assembly has the right to apply to the Governor or to an executive authority of the oblast with a proposal to amend the acts specified in part 2 of this article or to repeal them, and also has the right to appeal against the said acts in court or, in the established manner, to apply to the Constitutional Court of the Russian Federation with a request concerning the conformity of the said normative legal acts with the Constitution of the Russian Federation.
Article 43
1. The Legislative Assembly sends to the Governor plans of legislative drafting work and draft laws of the oblast.
2. The Government or a body or official authorized by it may send to the Legislative Assembly official opinions, comments and proposals on draft laws and resolutions under consideration by the Legislative Assembly. Official opinions of the Government are subject to mandatory announcement or circulation during the consideration of draft laws or resolutions at sittings of the Legislative Assembly.
Article 44
1. The Governor, other members of the Government, the heads of other executive authorities of the oblast or persons authorized by them have the right to be present, with the right of a consultative vote, at sittings of the Legislative Assembly and of its committees (commissions).
2. Deputies of the Legislative Assembly have the right to take part in sittings of the Government. On the instruction of the Legislative Assembly or of its Chairman, staff members of the apparatus of the Legislative Assembly have the right to be present at sittings of the Government.
Article 45
1. The Legislative Assembly has the right to invite to a sitting of the Legislative Assembly the Governor, members of the Government and the heads of executive bodies of state power of the oblast to make statements, to answer inquiries and appeals of deputies, and to provide information on matters within the competence of the Legislative Assembly.
The committees (commissions) of the Legislative Assembly may invite to their sittings deputy governors, ministers and the heads of executive bodies of state power of the oblast to make statements, to answer inquiries and appeals of deputies, and to provide information on matters within the competence of the respective committee (commission).
2. Upon an inquiry of the Legislative Assembly, of its committees (commissions), or of deputies of the Legislative Assembly, the Governor, members of the Government, the heads of other state bodies of the oblast, of local self-government bodies and of organizations located on the territory of the oblast are obliged to submit the necessary information on matters within their competence and powers no later than within one month, unless otherwise provided by federal law or by a law of the oblast.
Article 46
1. Disagreements between the Legislative Assembly and the executive authorities of the oblast on matters of the exercise of their powers are resolved through negotiations and consultations, with the help of conciliation and other commissions created on a parity basis, other conciliation procedures, or in court.
The procedure for creating and operating conciliation commissions is determined by the rules of procedure of the Legislative Assembly and of 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 OBLAST
Article 47
1. The legal acts of the oblast (normative and other legal acts) form a single system based on the principle of the supremacy of legal acts possessing greater legal force.
2. The system of normative legal acts of the oblast is established by a law of the oblast in accordance with federal legislation.
3. The procedure for the preparation, introduction, consideration, adoption, official publication and entry into force of the laws of the oblast, as well as the requirements for them, are established by a law of the oblast.
4. Resolutions of the Legislative Assembly are adopted in the manner established by the Rules of Procedure of the Legislative Assembly in accordance with a law of the oblast and this Charter.
5. The procedure for the preparation, adoption, official publication and entry into force of the legal acts of the Governor and of the Government is determined by the Governor and the Government in accordance with a law of the oblast and this Charter.
Article 48
1. The right of legislative initiative in the Legislative Assembly belongs to the deputies of the Legislative Assembly, to the committees (commissions) and factions in the Legislative Assembly, to the Governor, to members of the Federation Council and deputies of the State Duma of the Federal Assembly of the Russian Federation from Nizhny Novgorod Oblast, to representative bodies of local self-government, and also to residents of the oblast holding the active electoral right, numbering not fewer than ten thousand persons.
The right of legislative initiative on matters within their competence also belongs to the Nizhny Novgorod Oblast Court, the Arbitration Court of Nizhny Novgorod Oblast, the prosecutor of Nizhny Novgorod Oblast, the electoral commission of Nizhny Novgorod Oblast, the Commissioner for Human Rights in Nizhny Novgorod Oblast, the Control and Accounts Chamber of Nizhny Novgorod Oblast and other persons in accordance with federal law.
(as amended by the Law of Nizhny Novgorod Oblast of 21.12.2010 No. 205-Z)
2. Draft laws introduced by the Governor by way of legislative initiative are considered, upon his proposal, as a matter of priority.
3. Draft laws on the introduction or repeal of taxes, on exemption from their payment, on changes in the financial obligations of the oblast, and other draft laws providing for expenditures covered from the funds of the oblast budget, are considered by the Legislative Assembly upon submission by the Governor or where there is an opinion of the Governor, which is submitted to the Legislative Assembly no later than within twenty-five days from the day the draft is received by him.
Article 49
1. A draft law of the oblast is considered by the Legislative Assembly in no fewer than two readings. A decision on the adoption or rejection of a draft law, as well as on the adoption of a law, is formalized by a resolution of the Legislative Assembly.
2. A law of the oblast is adopted by a majority of votes of the established number of deputies, unless otherwise provided by federal laws. Resolutions of the Legislative Assembly are adopted by a majority of votes of the number of elected deputies, unless otherwise provided by federal laws.
Article 50
1. A law of the oblast adopted by the Legislative Assembly is sent within seven days to the Governor for signature and promulgation.
2. Within fourteen days from the day of receipt of a law of the oblast, the Governor signs the law or rejects it.
3. A rejected law of the oblast is returned by the Governor to the Legislative Assembly with a reasoned justification of its rejection or with a proposal to introduce amendments to it.
4. In the event that the Governor rejects a law of the oblast, the said law may be approved by the Legislative Assembly in the previously adopted wording by a majority of not less than two thirds of the votes of the established number of deputies of the Legislative Assembly.
5. A law of the oblast approved by the Legislative Assembly in the previously adopted wording may not be rejected again by the Governor and is subject to signature and promulgation within seven days from the day of its receipt by the Governor.
6. A law of the oblast enters into force after its official publication, unless otherwise provided by federal law or by the law of the oblast itself.
A resolution of the Legislative Assembly enters into force on the day of its adoption, unless otherwise provided therein.
7. Laws of the oblast and resolutions of the Legislative Assembly on matters of the protection of the rights and freedoms of the individual and the citizen enter into force no earlier than ten days after their official publication.
8. The Charter and the laws of the oblast, and the resolutions adopted by the Legislative Assembly within the limits of its powers, are binding on 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 oblast.
Article 51
1. On the basis of and pursuant to the Constitution of the Russian Federation, federal laws, normative acts of the President of the Russian Federation, resolutions of the Government of the Russian Federation, this Charter and the laws of the oblast, the Governor issues decrees and directives.
2. The Government issues resolutions and directives.
3. Normative legal acts of the Governor and of the Government adopted within the limits of their powers are binding on 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 oblast.
Chapter 11. JUDICIAL POWER AND PROSECUTORIAL SUPERVISION IN THE OBLAST
Article 52
1. Justice on the territory of the oblast is administered by federal courts and by justices of the peace of the oblast by means of civil, administrative and criminal proceedings in accordance with the Constitution of the Russian Federation and federal legislation.
2. For the consideration of the conformity of the laws of the oblast and of the normative legal acts of the bodies of state power of the oblast and of local self-government bodies with the Charter of the oblast, and also for the interpretation of the Charter of the oblast, a Charter Court of Nizhny Novgorod Oblast may be created by a law of the oblast.
3. Justices of the peace of the oblast are appointed to office in the manner established by a law of the oblast. The procedure for supporting and organizing the activity of the justices of the peace of the oblast is established by a law of the oblast in accordance with federal laws.
4. In accordance with federal legislation, judicial districts and the positions of justices of the peace are created and abolished by a law of the oblast.
Article 53
1. Prosecutorial supervision in the oblast is exercised by the bodies of the Prosecutor's Office of the Russian Federation, whose powers, organization and procedure of activity are determined by federal law.
2. The appointment of the prosecutor of the oblast by the Prosecutor General of the Russian Federation is carried out in agreement with the Legislative Assembly and the Government.
Chapter 12. LOCAL SELF-GOVERNMENT IN THE OBLAST
Article 54
1. Local self-government in the oblast is a form of the exercise by the population of the oblast of its power, ensuring, within the limits established by the Constitution of the Russian Federation and federal laws and, in the cases established by federal laws, by the laws of the oblast, the independent resolution by the population, under its own responsibility, directly and (or) through local self-government bodies, of matters of local significance, proceeding from 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 limits of their powers. Local self-government bodies do not form part of the system of bodies of state power.
The bodies of state power of the oblast assist the development of local self-government on the territory of the oblast and ensure state guarantees of the rights of citizens to the exercise of local self-government.
3. Local self-government is exercised by citizens through participation in local referendums and municipal elections, through other forms of direct expression of will, and also through elective and other local self-government bodies.
Article 55
1. Local self-government in the oblast is exercised in municipal formations - municipal districts, urban okrugs, urban and rural settlements.
2. The borders of the territories of municipal formations are established and changed by the laws of the oblast, taking into account the borders of the historically formed administrative-territorial formations of the oblast in accordance with the requirements of federal law.
3. The formation and transformation of municipal formations and the establishment and alteration of their borders are carried out by the laws of the oblast in accordance with federal legislation.
Article 56
1. Local self-government bodies are formed in municipal formations.
2. The structure of local self-government bodies is determined directly by the population or by the representative body of the municipal formation and is set down in the charter of the municipal formation.
3. The procedure for the formation, the powers, the term of office, the accountability and the controllability of local self-government bodies, as well as other matters of the organization of their activity, are determined by the charters of municipal formations on the basis of federal law.
Article 57
1. The bodies of state power of the oblast carry out the legal regulation of matters of the organization of local self-government in the oblast in the cases and in the manner established by federal law.
2. The vesting of local self-government bodies with individual state powers of the oblast may be carried out by the laws of the oblast in the manner determined by federal law. The financial support of individual state powers is provided from subventions granted to local budgets from the oblast budget.
3. The bodies of state power of the oblast exercise control over the performance by local self-government bodies of the individual state powers transferred to them by a law of the oblast, and also over the use of the material and financial resources provided for these purposes.
Article 58
1. The economic basis of local self-government consists of property in municipal ownership, the funds of local budgets, and also the property rights of municipal formations.
2. Every municipal formation has its own budget. The budget of a municipal district (the district budget) and the aggregate of the budgets of the urban and rural settlements that form part of the municipal district (not counting inter-budget transfers between these budgets) constitute the consolidated budget of the municipal district. Local self-government bodies ensure the balance of local budgets.
The drafting, approval and execution of the local budget, and control over its execution, are carried out by local self-government bodies independently, in compliance with the requirements of the Budget Code of the Russian Federation, federal laws and the laws of the region adopted in accordance with them.
3. In order to provide economic guarantees of local self-government, the state authorities of the region exercise the following powers provided for by federal law:
1) establishing the revenues credited to local budgets from regional taxes and levies at tax rates in accordance with the law of the region;
2) establishing uniform rates of deductions 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 equalising the level of budgetary provision of settlements out of the regional fund for the financial support of settlements;
4) establishing the procedure for equalising the level of budgetary provision of settlements out of the district funds for the financial support of settlements;
5) establishing the procedure for equalising the level of budgetary provision of municipal districts (urban okrugs) out of the regional fund for the financial support of municipal districts (urban okrugs);
6) other powers provided for by federal laws.
4. In the cases and in the manner provided for by federal laws and the laws of the region, inter-budget 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 THE ADOPTION AND ENTRY INTO FORCE OF THE CHARTER OF THE REGION AND OF AMENDMENTS TO IT
Article 59
1. A draft Charter of the region and amendments to it may be submitted for consideration by the Legislative Assembly by those holding the right of legislative initiative, in the manner established for the submission of draft laws.
2. A draft Charter of the region is considered by the Legislative Assembly in the first reading after it has been considered by the Government, as well as at sittings of the committees (commissions) of the Legislative Assembly.
A draft Charter of the region adopted in the first reading is subject to mandatory publication in the mass media and to open discussion.
3. Amendments to the Charter of the region are considered in the manner established for the consideration of draft laws. Amendments to the Charter of the region, with the exception of amendments connected with bringing the Charter of the region into conformity with federal laws, may be published in the mass media and put to open discussion.
4. The Charter of the region and amendments to the Charter of the region are 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 of amendments to it are carried out in the manner established for the promulgation of the laws of the region.
6. The Charter of the region and the laws of the region on amendments to the Charter of the region enter into force no earlier than ten days after their official publication.
Governor of the Nizhny Novgorod Region Valery Shantsev
Nizhny Novgorod 30 December 2005 No. 219-Z
quoted from the official website of the Regional Legislative Assembly.