The Regional Legislative Assembly (of Nizhny Novgorod Region), colloquially OZS, Zaksobranie, officially: ZS of the NO — a unicameral assembly of people's representatives who pass the laws of the Nizhny Novgorod Region. Year of foundation — 1994.
Chairman: Evgeny Lebedev ("United Russia").
Political groups (factions): United Russia 30 members, KPRF 13 members, A Just Russia 4 members, LDPR 3 members.
The essence of the phenomenon
The supreme lawmaking body of the Nizhny Novgorod Region. It operates on the basis of the Charter of the Nizhny Novgorod Region and regularly amends it.
It takes decisions on the Land Dual Power, votes on the regional budget and other seasonal legislative acts.
It brings local legislation into line with changing federal legislation and approves the candidacy of the Governor.
Procedure of election
The Legislative Assembly of the Nizhny Novgorod Region consists of 50 deputies elected by a general vote of the region's population for five years.
25 deputies are elected in single-mandate constituencies and 25 deputies are elected in a single (regional) constituency in proportion to the number of votes cast for the lists of candidates nominated by electoral associations.
Single-mandate constituencies
No. 1: Evgeny Morozov (United Russia)
No. 2: Evgeny Berezin (United Russia)
No. 3: Vadim Zhuk (United Russia)
No. 4: Vladimir Bulanov (KPRF)
No. 5: Sergey Kuznetsov (KPRF)
No. 6: Alexander Nazarenkov (United Russia)
No. 7: Andrey Tarasov (United Russia)
No. 8: Alexander Kosovskikh (A Just Russia)
No. 9: Alexander Kuznetsov (KPRF)
No. 10: Valery Osokin (United Russia)
No. 11: Alexander Terentyev (KPRF)
No. 12: Viktor Lunin (United Russia)
No. 13: Alexander Blagov (United Russia)
No. 14: Valery Anisimov (United Russia)
No. 15: Vladimir Zhigalov (United Russia)
No. 16: Roman Kabeshev (KPRF)
No. 17: Dmitry Malukhin (United Russia)
No. 18: Nikolay Shkilev (United Russia)
No. 19: Valery Antipov (United Russia)
No. 20: Andrey Spirin (United Russia)
No. 21: Alexander Sharonov (United Russia)
No. 22: Igor Shchegolev (United Russia)
No. 23: Evgeny Lebedev (United Russia)
No. 24: Anatoly Lesun (United Russia)
No. 25: Oleg Shavin (United Russia)
Deputies elected from party lists
United Russia: Nikolay Pugin, Artem Kavinov, Alexander Tabachnikov, Dmitry Krasnov, Alexander Vainberg, Mikhail Manukhin, Sergey Zudenkov, Olga Shchetinina, Igor Donato, Evgeny Lyulin, Mikhail Gaponov
KPRF: Alexander Tarnaev, Mikhail Zavyalov, Valentina Aristova, Grigory Shcherbinin, Alexander Chernigin, Yury Kuznetsov, Sergey Leskov, Vladislav Egorov
A Just Russia: Iskhak Yagudin, Galina Klochkova, Andrey Kolobov
LDPR: Alexander Kurdyumov, Yury Startsev, Dmitry Chugrin
Charter of the Nizhny Novgorod Region
30 December 2005, No. 219-Z
CHARTER
(as amended by the laws of the Nizhny Novgorod Region of 13 March 2006 N 12-Z, of 29 June 2006 N 55-Z, of 7 July 2006 N 63-Z, of 30 November 2006 N 137-Z, of 1 March 2007 N 20-Z, of 3 May 2007 N 49-Z, of 5 September 2007 N 106-Z, of 5 February 2008 N 1-Z, of 25 December 2008 N 186-Z, of 29 April 2009 N 38-Z, of 7 May 2010 N 69-Z, of 4 August 2010 N 114-Z, of 21 December 2010 N 205-Z)
The Legislative Assembly of Nizhny Novgorod Oblast, representing the interests of the population of Nizhny Novgorod Oblast, guided by the Constitution of the Russian Federation and federal laws, recognizing the rights and freedoms of the individual and the citizen as the highest values, contributing to 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 Oblast, drawing on the historical and cultural traditions of the population of Nizhny Novgorod Oblast, attaching great importance to the development of local self-government, proceeding from its responsibility before the population of Nizhny Novgorod Oblast, adopts the Charter of Nizhny Novgorod Oblast.
Chapter 1. CONSTITUTIONAL AND LEGAL FOUNDATIONS OF THE STATUS OF NIZHNY NOVGOROD OBLAST
Article 1
1. Nizhny Novgorod Oblast (hereinafter — Nizhny Novgorod Oblast, the Oblast) 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 Oblast may be changed by mutual consent of the Russian Federation and the Oblast in accordance with federal constitutional law.
3. The Oblast 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 Oblast.
(as amended by the Law of Nizhny Novgorod Oblast of 5 February 2008 No. 1-Z)
4. Symbols of the bodies of state power of the Oblast may be established by a law of the Oblast or by other regulatory legal acts of the Oblast.
Article 2
1. The source of state power in the Oblast is its population as an inalienable part of the people of the Russian Federation.
2. The population of the Oblast exercises its power directly, as well as through the bodies of state power of the Oblast and the bodies of local self-government.
3. The highest direct expression of the power of the population of the Oblast are the referendum and free elections. The procedure for holding oblast and local referendums and elections to the bodies of state power of the Oblast and the bodies of local self-government is established by the laws of the Oblast adopted in accordance with federal laws.
4. The bodies of state power of the Oblast ensure the realization of citizens' rights to participate in the administration of state affairs both directly and through their representatives, including by enshrining in law guarantees of the timely setting of the date of elections to the bodies of state power of the Oblast and the bodies of local self-government and guarantees that such elections are held periodically.
5. The Governor of Nizhny Novgorod Oblast (hereinafter — the Governor) and the deputies of the Legislative Assembly of Nizhny Novgorod Oblast (hereinafter — the Legislative Assembly) represent the interests of the population of the Oblast and are accountable to it.
6. No one may appropriate power or the authority of the bodies of state power of the Oblast and of their officials.
Article 3
1. The Charter of the Oblast is the fundamental law of the Oblast, defining its status as a constituent entity of the Russian Federation and enshrining other provisions that form the basis of the legislation of Nizhny Novgorod Oblast.
2. The Charter of the Oblast has direct effect and supreme legal force in relation to all regulatory legal acts of the Oblast and applies throughout the territory of the Oblast.
3. Laws and other regulatory legal acts adopted in the Oblast must not contradict this Charter. In the event of a contradiction between them, this Charter shall apply.
Article 4
1. The bodies of state power of the Oblast and the bodies of local self-government and their officials are obliged to comply with the Constitution of the Russian Federation and with the laws and other regulatory legal acts adopted by the bodies of state power of the Russian Federation within the limits of their powers.
2. In the areas of jurisdiction of the Russian Federation established by the Constitution of the Russian Federation, the bodies of state power of the Oblast carry out law-enforcement activity.
3. In the areas of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the bodies of state power of the Oblast adopt laws of the Oblast and other regulatory legal acts in accordance with federal laws.
Until federal laws are adopted on matters assigned to the areas of joint jurisdiction, the bodies of state power of the Oblast have the right to carry out their own legal regulation on these matters. After the adoption of the corresponding federal law, the laws and other regulatory legal acts of the bodies of state power of the Oblast shall be brought into conformity with the adopted federal law within three months.
4. Outside the areas of jurisdiction specified in parts 2 and 3 of this article, the Oblast possesses the full extent of state power and carries out its own legal regulation.
Chapter 2. TERRITORY AND ADMINISTRATIVE-TERRITORIAL STRUCTURE OF THE OBLAST
Article 5
1. The territory of the Oblast is an inalienable part of the unified territory of the Russian Federation.
2. The Oblast borders the following constituent entities of the Russian Federation: the Republic of Mari El, the Republic of Mordovia, the Chuvash Republic — Chuvashia, Vladimir Oblast, Ivanovo Oblast, Kirov Oblast, Kostroma Oblast, Ryazan Oblast.
3. The borders of the Oblast are agreed upon with the constituent entities of the Russian Federation bordering the Oblast. The description of the borders of Nizhny Novgorod Oblast is approved by a law of the Oblast.
(part 3 as amended by the Law of Nizhny Novgorod Oblast of 5 February 2008 No. 1-Z)
4. A change in the borders of the Oblast 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 Oblast is the city of Nizhny Novgorod.
Article 6
1. The administrative-territorial structure of the Oblast and the procedure for changing it are established by a law of the Oblast.
2. The entire territory of the Oblast is divided into administrative-territorial entities, taking into account its historically established administrative-territorial structure.
3. The administrative-territorial entities in the Oblast are cities of oblast significance, districts of the Oblast, cities of district significance, intra-city districts of cities of oblast 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 Oblast, the procedure for maintaining which is determined by the Government of Nizhny Novgorod Oblast (hereinafter — the Government).
5. The formation, transformation or abolition of administrative-territorial entities, with the exception of the closed administrative-territorial entity of the city of Sarov, is carried out by a law of the Oblast 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 THE INDIVIDUAL AND THE CITIZEN IN THE TERRITORY OF THE OBLAST
Article 7
1. Ensuring and protecting the rights and freedoms of the individual and the citizen established by the Constitution of the Russian Federation, federal laws, this Charter and the laws of the Oblast is the principal content of the activity of the bodies of state power of the Oblast and the bodies of local self-government.
2. No laws or other regulatory legal acts of the bodies of state power of the Oblast or the bodies of local self-government that abolish or diminish the rights and freedoms of the individual and the citizen may be adopted in the Oblast.
3. The laws of the Oblast may establish additional guarantees for ensuring the rights and freedoms and the social protection of the residents of the Oblast.
4. For the purpose of protecting the rights and freedoms of the individual and the citizen, the office of the Commissioner for Human Rights in Nizhny Novgorod Oblast is instituted in the Oblast, the status, powers and procedure of activity of which are established by a law of the Oblast; 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, as well as to send individual and collective appeals, to the bodies of state power of the Oblast, other state bodies of the Oblast and the bodies of local self-government.
2. The Governor, the deputies of the Legislative Assembly and the officials of the bodies of state power of the Oblast, of other state bodies of the Oblast 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 Oblast of 30 November 2006 No. 137-Z)
3. The laws and other regulatory legal acts of the Oblast may establish provisions aimed at protecting the right of citizens to submit appeals, including establishing guarantees of the right of citizens to submit appeals that supplement the guarantees established by federal law.
Administrative liability for violation of the said provisions is established by a law of the Oblast.
(part 3 as amended by the Law of Nizhny Novgorod Oblast of 30 November 2006 No. 137-Z)
Article 9
1. The work of the Governor, the Legislative Assembly, the Government, other bodies of executive power of the Oblast, the state bodies of the Oblast and the bodies of local self-government is carried out on the basis of the principles of legality, openness and transparency.
The said bodies inform the population, in the established manner, about their activities and about the state of affairs in the Oblast or in the corresponding municipal entity.
2. The bodies of state power of the Oblast submit the most important questions of the life of the Oblast for discussion by the population. Public hearings may be held on draft laws of the Oblast that are of public interest and have particular social significance, in which citizens, representatives of public associations and the mass media, scholars and specialists have the right to take part.
Article 10
1. In accordance with federal legislation, the Oblast provides state guarantees of the rights of citizens to receive publicly accessible and free primary general, basic general and secondary (complete) general education and supplementary education in general education institutions, to be provided with primary and secondary vocational education, and other social guarantees in the field of education established by federal laws and the laws of the Oblast.
2. Measures are taken in the Oblast to protect the health of citizens, to develop the healthcare system 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 Oblast 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. Oblast and local programmes are implemented in the Oblast for occupational safety, promotion of employment of the population, development and improvement of the quality of the labour force, increase of the incomes of the population, support of the family, motherhood, fatherhood and childhood, support of persons with disabilities and elderly citizens, prevention of neglect of minors, as well as oblast and local housing programmes and other programmes.
2. Measures are carried out in the Oblast to protect the environment and ensure ecological safety, to ensure law and order and combat crime, and measures aimed at the development of education, culture, healthcare, physical culture and sport, housing and communal services and urban planning activity.
Chapter 4. ECONOMIC AND FINANCIAL FOUNDATIONS OF THE OBLAST
Article 12
1. The economic policy of the Oblast 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 Oblast, taking into account nationwide needs.
2. The main directions of the economic policy of the Oblast include:
1) promoting the development of all forms of ownership and of entrepreneurship, and increasing the efficiency of material production and the service sector;
2) encouraging any lawful forms of attracting capital and investment that contribute to the development of the economy of the Oblast;
3) increasing the efficiency of the management of the state property of the Oblast;
4) expanding the foreign economic relations of the Oblast.
Article 13
The economic basis of the activity of the bodies of state power of the Oblast consists of the property owned by the Oblast, the funds of the oblast budget and of the territorial state extra-budgetary funds of the Oblast, and also the property rights of the Oblast.
Article 14
The state property of the Oblast comprises:
1) property necessary for the exercise of the powers of the bodies of state power of the Oblast in the areas of jurisdiction of the Oblast and in the areas of joint jurisdiction of the Russian Federation and the Oblast that are exercised by these bodies independently at the expense of the oblast budget or, in cases established by federal law, at the expense of subventions from the federal budget;
2) property necessary for the exercise of individual powers of the Russian Federation in the areas of jurisdiction of the Russian Federation and in the areas of joint jurisdiction of the Russian Federation and the Oblast that have been transferred by federal laws to the bodies of state power of the Oblast;
(item 2 as amended by the Law of Nizhny Novgorod Oblast of 1 March 2007 No. 20-Z)
3) property required to support the activities of the state authorities of the oblast, state civil servants of the oblast, employees of state unitary enterprises of the oblast and employees of state institutions of the oblast in accordance with the laws of the oblast;
4) property required for the exercise of powers the right to exercise which is granted to the state authorities of the oblast by federal laws.
(clause 4 introduced by the Law of Nizhny Novgorod Oblast of 7 July 2006 No. 63-Z)
Article 15
1. The state property of the oblast comprises the funds of the oblast budget and the property of the oblast, including property assigned to state unitary enterprises of the oblast and state institutions of the oblast under the right of economic management and operational management, or transferred into trust management, gratuitous use or lease.
2. Property held in the state ownership of the oblast is subject to mandatory registration in the Register of Property of the State Ownership of the Oblast in the manner established by federal law. The Register is compiled and maintained by the authorised executive body of the oblast.
(as amended by the Law of Nizhny Novgorod Oblast of 4 August 2010 No. 114-Z)
3. The management and disposal of the state property of the oblast are carried out in the manner established by federal laws and the laws of the oblast.
Article 16
1. The financial resources of the oblast comprise the funds of the oblast 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 oblast are used for the development of the social sphere of the oblast, for ensuring the welfare of the population, and for the implementation of other functions of the state authorities of the oblast and of local self-government bodies.
3. The formation of the financial resources of the oblast and their management and disposal are carried out by the Government in the manner established by a law of the oblast in accordance with federal legislation.
4. The oblast has the right to raise borrowed funds, including through the issue of state securities of the oblast, in the manner established by a law of the oblast in accordance with federal laws and other regulatory legal acts of the Russian Federation.
Article 17
1. The oblast has its own budget - the oblast budget.
2. The oblast budget and the aggregate of the budgets of the municipal formations of the oblast (excluding interbudgetary transfers between these budgets) constitute the consolidated budget of the oblast.
3. The procedure for the formation, consideration, approval and execution of the oblast budget and of the budgets of the territorial state extrabudgetary funds, for control over their execution, and also for the formation of interbudgetary relations is established by a law of the oblast in accordance with federal legislation.
4. A Register of Expenditure Obligations is maintained in the oblast in accordance with the requirements of the budgetary legislation of the Russian Federation and of Nizhny Novgorod Oblast, in the manner established by the Government.
Article 18
The funds of the oblast budget and other property held in the state ownership of the oblast and not assigned to state unitary enterprises of the oblast and state institutions of the oblast constitute the treasury of the oblast.
Article 19
1. International cooperation and foreign economic relations of the oblast are carried out in accordance with federal legislation and the legislation of the oblast.
2. The oblast carries out cooperation with other constituent entities of the Russian Federation, concludes treaties and agreements with them, and interacts with them in other forms.
Chapter 5. STATE AUTHORITIES OF THE OBLAST
Article 20
1. The state authorities of the oblast are formed and operate on the basis of the unity of the system of state power of the Russian Federation and of the delimitation 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 oblast is exercised on the basis of its division into legislative, executive and judicial branches.
Article 21
1. The system of state authorities in the oblast comprises:
1) the legislative (representative) body of state power of the oblast - the Legislative Assembly;
2) the supreme executive body of state power of the oblast - the Government, headed by the Governor, Chairman of the Government;
(as amended by the Law of Nizhny Novgorod Oblast of 21 December 2010 No. 205-Z)
3) the ministries and other executive bodies of the oblast;
4) justices of the peace and the Charter Court of Nizhny Novgorod Oblast. The highest official of the oblast is the Governor, Chairman of the Government.
(as amended by the Law of Nizhny Novgorod Oblast of 21 December 2010 No. 205-Z)
2. In accordance with federal laws and (or) the present Charter, state bodies of the oblast that do not form part of the system of state authorities of the oblast are created by laws of the oblast.
3. In accordance with federal legislation, territorial bodies formed by federal executive authorities for the exercise of their powers operate on the territory of the oblast.
Article 22
1. For the exercise of powers relating to the preparation and conduct of elections to the state authorities of the oblast, permanently operating electoral commissions are formed on the territory of the oblast in accordance with federal laws and the laws of the oblast: the Electoral Commission of Nizhny Novgorod Oblast and territorial electoral commissions.
2. The status and powers of the Electoral Commission of Nizhny Novgorod Oblast and of its officials are established by a law of the oblast in accordance with federal law.
Article 23
1. The direct exercise of the powers of the state authorities and other state bodies of the oblast and of persons holding state positions of the oblast is ensured by the professional service activity of citizens of the Russian Federation in positions of the state civil service of the oblast.
2. Relations connected with entry into the state civil service of the oblast, with service therein and its termination, and also with the determination of the legal position (status) of a state civil servant of the oblast, are regulated by federal laws, other regulatory legal acts of the Russian Federation, and the laws and other regulatory legal acts of the oblast.
3. The system of managing the state civil service of the oblast ensures:
1) the unity of the state civil service of the oblast;
2) the interaction of the state authorities of the oblast with federal state authorities, the state authorities of other constituent entities of the Russian Federation and local self-government bodies;
3) the coordination of the activities of the state authorities of the oblast on matters of entry into the state civil service of the oblast;
4) service in and termination of the state civil service of the oblast;
5) the professional retraining and advanced training of state civil servants.
4. For the purposes of managing the state civil service of the oblast, a corresponding state body of the oblast may be created in accordance with federal legislation.
Chapter 6. THE GOVERNOR
Article 24
1. The Governor is the highest official of the oblast 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 Nizhny Novgorod Oblast 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 Federation Council of the Federal Assembly of the Russian Federation, or a judge, nor hold other state positions of the Russian Federation, other state positions of the oblast, positions of the federal state service, positions of the state civil service of the oblast, or municipal positions and positions of the municipal service; he may not engage in any other paid activity apart from teaching, academic and other creative work, unless otherwise provided by the legislation of the Russian Federation. At the same time, teaching, academic and other creative work may not be financed exclusively out of the funds of foreign states, international and foreign organisations, foreign citizens 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 the laws of Nizhny Novgorod Oblast of 3 May 2007 No. 49-Z, of 5 February 2008 No. 1-Z, of 29 April 2009 No. 38-Z)
The Governor may not 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 Nizhny Novgorod Oblast 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 Nizhny Novgorod Oblast 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 for by federal law and by the present Charter.
2. The Legislative Assembly considers the candidacy for Governor submitted by the President of the Russian Federation, including where the President of the Russian Federation submits a repeat nomination of a candidate for Governor, at a regular (extraordinary) sitting within ten days from the day the nomination (repeat nomination) is submitted.
(part 2 as amended by the Law of Nizhny Novgorod Oblast of 7 May 2010 No. 69-Z)
The decision setting the date on which the Legislative Assembly is to consider the proposed candidacy for Governor is taken no later than three days from the day it is received by the Legislative Assembly.
3. The decision of the Legislative Assembly to vest a citizen of the Russian Federation with the powers of Governor is taken 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 have voted for it.
If, on the results of the vote, the decision to vest a citizen of the Russian Federation with the powers of Governor is not adopted, the results of the vote are formalised by a resolution rejecting that candidacy.
1
3. If the decision to vest a citizen of the Russian Federation with the powers of Governor is taken by the Legislative Assembly before the day of expiry of the Governor's term of office, the citizen of the Russian Federation vested with those powers takes office on the day of expiry of the term or on the day of early termination of the Governor's powers.
If the decision to vest a citizen of the Russian Federation with the powers of Governor is taken by the Legislative Assembly on or after the day of expiry of the Governor's term of office, the citizen of the Russian Federation vested with those powers takes office on the day the Legislative Assembly takes that decision.
1
(part 3 introduced by the Law of Nizhny Novgorod Oblast of 7 May 2010 No. 69-Z)
4. Upon taking office, the Governor takes 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 Oblast - I shall observe the Constitution of the Russian Federation and federal laws, the Charter and the laws of Nizhny Novgorod Oblast, shall conscientiously perform the duties entrusted to me, and shall devote all my strength and knowledge to ensuring the welfare of the residents of the oblast and the rights and freedoms of the individual and the citizen".
5. The Governor is deemed to have taken office from the moment he takes the oath.
(part 5 introduced by the Law of Nizhny Novgorod Oblast of 7 May 2010 No. 69-Z)
Article 26
1. The Governor:
1) represents the oblast in relations with federal state authorities, the state authorities of the constituent entities of the Russian Federation, and local self-government bodies;
2) represents the oblast in the conduct of foreign economic relations;
3) signs treaties and agreements on behalf of the oblast;
4) holds the right of legislative initiative in the Legislative Assembly;
5) signs and promulgates the laws of the oblast by means of their official publication, or rejects the laws of the oblast adopted by the Legislative Assembly;
6) forms and heads the Government in accordance with the legislation of the oblast, and takes the decision on its resignation;
7) ensures the coordination of the activities of the executive authorities of the oblast with the Legislative Assembly and other state bodies of the oblast and, in accordance with the legislation of the Russian Federation, may organise the interaction of the executive authorities of the oblast with the federal executive authorities 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, and also to convene a newly elected Legislative Assembly for its first sitting earlier than the date established by the present Charter;
1
8 ) submits to the Legislative Assembly annual reports on the
results of the activities of the Government, including on matters
raised by the Legislative Assembly;
1
(clause 8 as amended by the Law of Nizhny Novgorod Oblast of 7 May 2010 No. 69-Z)
9) has the right to take part in the work of the Legislative Assembly with the right of a consultative vote;
10) terminates the powers of the Legislative Assembly ahead of schedule in the cases provided for by federal law;
11) determines the structure of the executive authorities of the oblast in accordance with the present Charter;
12) appoints the Vice-Governor, First Deputy Chairman of the Government (hereinafter - the Vice-Governor); the Deputy Governors, Deputy Chairmen of the Government (hereinafter - the Deputy Governors); the ministers; the heads of the executive authorities of the oblast who are not members of the Government, and their deputies; the heads of other bodies and organisations under the Government, and dismisses the said persons from office;
(as amended by the Law of Nizhny Novgorod Oblast of 29 June 2006 No. 55-Z)
13) in the cases and in the manner established by federal law, takes the decision on the removal from office of heads of municipal formations or heads of local administrations;
14) signs the treaty on the division of powers between the state authorities of the Russian Federation and the state authorities of the oblast and forwards it to the President of the Russian Federation in the manner prescribed by federal law, and also signs an agreement with federal executive authorities 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 oblast.
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 Deputy Governors 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 Oblast 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 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 conviction against him;
8) his departure beyond the borders of the Russian Federation for permanent residence;
9) his loss of citizenship of the Russian Federation, 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 in the territory of a foreign state.
(clause 9 as amended by the Law of Nizhny Novgorod Oblast of 30.11.2006 No. 137-Z)
2. The decision on the early termination of the powers of the Governor shall be taken by the Legislative Assembly upon a submission by 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 the laws of Nizhny Novgorod Oblast of 13.03.2006 No. 12-Z, 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 issuing acts contrary to the Constitution of the Russian Federation, federal laws, the Charter and the laws of the oblast, if such contradictions have been established by the appropriate court and the Governor has not eliminated the said contradictions within one month from the day the court decision entered into force;
2) another gross violation, established by the appropriate court, 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 the laws of the oblast, if this 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 shall be 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 shall be forwarded within five days for consideration by the President of the Russian Federation to decide the question of removing the Governor from office.
5. A decision of the President of the Russian Federation on the removal of the Governor from office entails the resignation of the Government headed by him. In the event of the resignation of the Government, 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 shall not have the right to:
(as amended by the Law of Nizhny Novgorod Oblast of 07.05.2010 No. 69-Z)
1) dissolve the Legislative Assembly;
2) introduce draft laws on amendments to the Charter of the oblast;
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 acting supreme and sole body of legislative power of the oblast.
The provision of part 2 of article 28 does not extend to deputies of the Legislative Assembly of Nizhny Novgorod Oblast elected at elections held before the said provision was brought into effect (article 3 of the Law of Nizhny Novgorod Oblast 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 oblast for five years.
3. Of the composition of the Legislative Assembly, 25 deputies are elected in single-mandate electoral districts and 25 deputies are elected in a single (oblast-wide) electoral district in proportion to the number of votes cast for the lists of candidates put forward 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 composition.
5. The Legislative Assembly convenes for its first session not later than the thirtieth day from the day of its election in a competent composition. This session is opened and chaired, until the Chairman of the Legislative Assembly is elected, by the oldest deputy.
(as amended by the Law of Nizhny Novgorod Oblast 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 shall terminate.
Article 29
1. Deputies of the Legislative Assembly are elected by citizens of the Russian Federation residing in the territory of the oblast 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 oblast in accordance with federal legislation.
Article 30
1. At its first session, the deputies of the Legislative Assembly take an oath of the following content:
"I swear conscientiously, using all my abilities, to carry out the duties of a deputy entrusted to me by the voters and by law, to observe the Constitution of the Russian Federation and federal laws, the Charter and the laws of Nizhny Novgorod Oblast, to strive for greater safety and a higher standard of living for the population, to promote 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 oblast and of the Russian state."
2. The rights and duties of deputies of the Legislative Assembly, the guarantees and conditions for carrying out the activity of a deputy, and the restrictions connected with such activity, are established by a law of the oblast in accordance with federal laws.
3. Deputies of the Legislative Assembly exercise their powers on a professional permanent basis, or on a professional basis for a certain period, or without leaving their principal occupation. The number of deputies working on a professional permanent basis is established by a law of the oblast.
Article 31
1. The competence of the Legislative Assembly includes:
1) adoption of the Charter of the oblast and amendments to it;
2) legislative regulation on matters within the competence of the oblast and on matters of joint competence of the Russian Federation and the oblast within the limits of the powers of the oblast;
1
2 ) hearing the annual reports of the Governor on the results of
the activity of the Government, including on questions raised
by the Legislative Assembly;
1
(clause 2. introduced by the Law of Nizhny Novgorod Oblast 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 oblast.
2. By a law of the oblast:
1) the oblast budget and the report on its execution, submitted by the Governor, are approved;
2) the programmes of social and economic development of the oblast, submitted by the Governor, are approved;
(as amended by the Law of Nizhny Novgorod Oblast of 25.12.2008 No. 186-Z)
3) taxes and levies assigned by federal law to the competence of the oblast are established, as well as the procedure for their collection;
4) the procedure for organizing the budget process in the oblast is established;
5) the budgets of the territorial state extra-budgetary funds of the oblast and the reports on their execution, submitted by the Governor, are approved;
6) awards, honorary titles and prizes of the oblast are instituted;
7) the procedure for the management and disposal of the property of the oblast is established, including the oblast's shares (stakes, holdings) in the capital of business companies, partnerships and enterprises of other organizational and legal forms, and the privatization of objects of state property of the oblast;
8) administrative liability is established for the violation of the laws and other normative legal acts of the oblast and of the normative legal acts of local self-government bodies;
(clause 8 as amended by the Law of Nizhny Novgorod Oblast of 04.08.2010 No. 114-Z)
9) the procedure for the preparation and conclusion of agreements of the state authorities of the oblast on cooperation with constituent entities of the Russian Federation and of foreign economic agreements is established; the conclusion and termination of treaties of the oblast are approved;
10) the administrative and territorial structure of the oblast and the procedure for changing it are established;
11) the system of executive bodies of state power of the oblast 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 oblast, and the procedure for holding a local referendum and municipal elections are established;
13) other matters relating, in accordance with the Constitution of the Russian Federation, federal laws, this Charter and the laws of the oblast, to the competence and powers of the oblast 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 committees (commissions) and of the staff of the Legislative Assembly are adopted;
2) the decision to vest a citizen of the Russian Federation, upon the submission of the President of the Russian Federation, with the powers of Governor is formalized, as is the decision to reject that candidacy;
3) consent to the appointment to the offices of Vice-Governor and Deputy Governors is formalized;
4) consent to the appointment to the office of prosecutor of Nizhny Novgorod Oblast is formalized;
5) individual officials are appointed to and dismissed from office, and consent to their appointment to office is formalized, if such a procedure of appointment is provided for by the Constitution of the Russian Federation, federal laws and this Charter;
6) the decision on no confidence (confidence) in the Governor is formalized, as is the decision on no confidence (confidence) in the heads of executive bodies of the oblast in whose appointment to office the Legislative Assembly took part in accordance with this Charter;
7) the date of the elections of deputies of the Legislative Assembly is set, and a referendum of the oblast is called;
8) the agreement on changing the borders of the oblast and of the constituent entities of the Russian Federation bordering on it is approved;
9) the draft treaty on the division of powers is endorsed;
10) justices of the peace and judges of the Charter Court of the oblast are appointed to office;
11) decisions on the self-dissolution of the Legislative Assembly and on the early termination of the powers of its deputies are formalized in the cases provided for by federal laws and the laws of the oblast;
12) other decisions of the Legislative Assembly are formalized on matters assigned to its competence by the Constitution of the Russian Federation, federal laws, this Charter and the laws of the oblast.
Article 32
1. The Legislative Assembly, within the limits and in the forms established by the laws of the oblast, exercises, alongside other bodies authorized to do so, control over the observance and execution of the laws of the oblast, the execution of the oblast budget, the execution of the budgets of the territorial state extra-budgetary funds of the oblast, and the observance of the established procedure for the disposal of the property of the oblast.
2. In order to organize and exercise control over the execution of the oblast budget and of the territorial state extra-budgetary funds of the oblast, control over the expenditure of other financial resources of the oblast, and over the use of the state property of the oblast, the Legislative Assembly forms a control and accounts chamber.
(as amended by the Law of Nizhny Novgorod Oblast of 05.02.2008 No. 1-Z)
3. The status, composition and procedure of activity of the control and accounts chamber are determined by a law of the oblast.
Article 33
1. The principal form of work of the Legislative Assembly is its sessions, in the course of which the powers assigned to its competence are exercised through the adoption of laws of the oblast and resolutions of the Legislative Assembly.
2. A session of the Legislative Assembly is competent if not less than two thirds of the established number of deputies take part in it.
3. The frequency of the sessions of the Legislative Assembly is determined by the Rules of Procedure of the Legislative Assembly. A competent session of the Legislative Assembly is held not less than once every three months.
(as amended by the Law of Nizhny Novgorod Oblast of 05.09.2007 No. 106-Z)
4. Extraordinary sessions of the Legislative Assembly are convened on the initiative of the Governor, the Chairman of the Legislative Assembly, or deputies numbering not less 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 Chairman of the Legislative Assembly.
2. The Chairman 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 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 oblast and of 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 oblast;
2) convenes and chairs sessions of the Legislative Assembly and organizes the activity of the deputies;
3) forwards to the Governor for signing 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) on behalf of the Legislative Assembly, applies to the courts with statements and complaints;
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 Chairpersons of the Legislative Assembly from among the deputies.
5. In the absence of the Chairperson of the Legislative Assembly, his powers are exercised by one of the Deputy Chairpersons of the Legislative Assembly in the manner determined by the Legislative Assembly.
6. The number of Deputy Chairpersons 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. 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 has a seal bearing the coat of arms.
2. Expenditures on supporting the activity of the Legislative Assembly are provided for in the regional budget separately from other expenditures in accordance with federal legislation.
3. Organisational, legal, informational and material and technical support for the activity of the Legislative Assembly, its committees, commissions and deputies is provided by the staff of the Legislative Assembly, working 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 the term of its powers;
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 Nizhny Novgorod Region of 5 September 2007 No. 106-Z)
3) the entry into force of a decision of the Nizhny Novgorod Regional Court on the lack of authority of the given composition of deputies of the Legislative Assembly, including in connection with the 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 term of the deputies' powers. The resolution on self-dissolution sets the date of the extraordinary elections of deputies of the Legislative Assembly.
3. Repealed. - Law of Nizhny Novgorod Region of 5 September 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 the resolution of the Legislative Assembly on self-dissolution enters into force, 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 the 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 acting supreme executive body of state power of the region; it directs the work of the executive bodies of the region and oversees 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 bodies of the region includes the Government, the 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. In order to exercise its powers, the Government may create sectoral, functional and territorial executive bodies of the region and oversee the activity of those bodies.
5. Within 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 bodies, the Government and other executive bodies of the region form a single system of executive power.
Article 39
1. The Government has the rights of a legal entity and has a seal bearing the coat of arms.
2. The procedure for the activity of the Government is determined by the law of the region.
3. The financing of the Government and of the executive bodies of the region headed by it is provided from the funds of the regional budget, provided for under a separate 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.
Until agreement with the Legislative Assembly is obtained, the persons concerned may perform their duties in the said offices for no more 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 sittings of the Government, in the manner established by the Rules of Procedure of the Government.
(part 4 as amended by the Law of Nizhny Novgorod Region of 21 December 2010 No. 205-Z)
Article 41
1. The Government ensures the execution 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, the laws and other regulatory legal acts of the region.
2. The Government develops and implements measures to ensure the comprehensive socio-economic development of the region, and takes part in carrying out 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 holdings of the region and other spheres of the region's life.
3. The Government:
1) implements, within the limits of its powers, measures for the realisation, provision and protection of the rights and freedoms of the individual and the citizen, the protection of property and public order, countering terrorism and extremism, and combating crime;
(as amended by the Law of Nizhny Novgorod Region of 5 September 2007 No. 106-Z)
2) develops, for submission by the Governor to the Legislative Assembly for consideration, the draft regional budget for the forthcoming financial year, as well as draft programmes for the socio-economic development of the region;
(as amended by the Law of Nizhny Novgorod Region of 25 December 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 Nizhny Novgorod Region of 7 May 2010 No. 69-Z)
4) forms the ministries and other executive bodies of the region, approves the regulations on 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 administration of the region in accordance with federal laws and other regulatory legal acts of the Russian Federation;
(as amended by the Law of Nizhny Novgorod Region of 1 March 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 if the said acts contradict the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter, 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 bodies of the region that are not assigned to the powers of the Governor and other executive bodies 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, the adoption of which 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 transferred by agreements with federal executive bodies.
Chapter 9. INTERACTION OF THE LEGISLATIVE ASSEMBLY
AND THE EXECUTIVE BODIES 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.
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 effectively managing the processes of the economic and social development of the region 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 regulatory legal acts of the Government and other executive bodies of the region 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 body of the region 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 as to the conformity of the said regulatory legal acts with the Constitution of the Russian Federation.
Article 43
1. The Legislative Assembly sends the Governor its plans for legislative drafting work and the draft laws of the region.
2. The Government, or a body or official authorised 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 when draft laws or resolutions are considered at sittings of the Legislative Assembly.
Article 44
1. The Governor, other members of the Government, the heads of other executive bodies of the region or persons authorised by them have the right to be present at sittings of the Legislative Assembly and its committees (commissions) with the right of a consultative vote.
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 its Chairperson, employees of the staff 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 heads of executive bodies of state power of the region to make statements, answer enquiries and appeals from deputies, and provide information on matters within the jurisdiction of the Legislative Assembly.
The committees (commissions) of the Legislative Assembly may invite to their sittings the deputy Governors, the ministers and the heads of executive bodies of state power of the region to make statements, answer enquiries and appeals from deputies, and provide information on matters within the jurisdiction of the relevant committee (commission).
2. Upon the request of the Legislative Assembly, its committees (commissions) or the deputies of the Legislative Assembly, the Governor, the members of the Government, the heads of other state bodies of the region, of local self-government bodies and of organisations located on the territory of the region are obliged to provide the necessary information on matters within their jurisdiction and powers no later than within one month, unless otherwise provided for by federal law or the law of the region.
Article 46
1. Disagreements between the Legislative Assembly and the executive bodies of the region 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, through other conciliation procedures, or in court.
The procedure for the creation and work of 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 REGION
Article 47
1. The legal acts of the region (regulatory 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 regulatory legal acts of the region is established by the 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 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 legal acts of the Governor and 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, the committees (commissions) and factions of the Legislative Assembly, the Governor, the members of the Federation Council and the deputies of the State Duma of the Federal Assembly of the Russian Federation from Nizhny Novgorod Oblast, the representative bodies of local self-government, and also to residents of the oblast possessing the active electoral right in a number of no fewer than ten thousand persons.
The right of legislative initiative on matters within their jurisdiction 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 N 205-Z)
2. Draft laws introduced by the Governor by way of legislative initiative are considered, at his proposal, as a matter of priority.
3. Draft laws on the introduction or abolition 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 signing 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 its previously adopted wording by a majority of no fewer 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 its previously adopted wording may not be rejected again by the Governor and is subject to signing 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 from the day of its adoption, unless otherwise provided therein.
7. Laws of the oblast and resolutions of the Legislative Assembly on matters of protection of the rights and freedoms of the human being 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 upon all bodies of state power, other state bodies and state institutions, bodies of local self-government, organizations, public associations, officials and citizens located on the territory of the oblast.
Article 51
1. The Governor, 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, issues decrees and directives.
2. The Government issues resolutions and directives.
3. Normative legal acts of the Governor and the Government adopted within the limits of their powers are binding upon all bodies of state power, other state bodies and state institutions, bodies of local self-government, 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 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 laws of the oblast and normative legal acts of the bodies of state power of the oblast and of the bodies of local self-government 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 established 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 offices 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, by federal laws and, in the cases established by federal laws, by laws of the oblast, the independent resolution by the population, under its own responsibility, directly and (or) through bodies of local self-government, 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, the bodies of local self-government are independent in resolving matters of local significance within the limits of their powers. The bodies of local self-government are not part of the system of bodies of state power.
The bodies of state power of the oblast promote the development of local self-government on the territory of the oblast and ensure state guarantees of the rights of citizens to exercise 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 bodies of local self-government.
Article 55
1. Local self-government in the oblast is exercised in municipal entities - municipal districts, urban okrugs, urban and rural settlements.
2. The boundaries of the territories of municipal entities are established and changed by laws of the oblast, taking into account the boundaries of the historically established administrative-territorial entities of the oblast, in accordance with the requirements of federal law.
3. The formation and transformation of municipal entities and the establishment and change of their boundaries are carried out by laws of the oblast in accordance with federal legislation.
Article 56
1. Bodies of local self-government are formed in municipal entities.
2. The structure of the bodies of local self-government is determined directly by the population or by the representative body of the municipal entity and is fixed in the charter of the municipal entity.
3. The procedure for the formation, the powers, the term of office, the accountability and the controllability of the bodies of local self-government, as well as other matters of the organization of their activity, are determined by the charters of municipal entities on the basis of federal law.
Article 57
1. The bodies of state power of the oblast carry out 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 bodies of local self-government with certain state powers of the oblast may be carried out by laws of the oblast in the manner determined by federal law. The financial support of certain state powers is provided at the expense of subventions granted to local budgets from the oblast budget.
3. The bodies of state power of the oblast exercise control over the execution by the bodies of local self-government of the certain 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 is constituted by property in municipal ownership, the funds of local budgets, and also the property rights of municipal entities.
2. Each municipal entity 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 forming part of the municipal district (not counting inter-budgetary transfers between these budgets) form the consolidated budget of the municipal district. The bodies of local self-government ensure the balance of local budgets.
The formation, approval and execution of the local budget and control over its execution are carried out by the bodies of local self-government independently, in compliance with the requirements of the Budget Code of the Russian Federation, federal laws and the laws of the oblast adopted in accordance with them.
3. In order to ensure the economic guarantees of local self-government, the bodies of state power of the oblast exercise the following powers provided for by federal law:
1) establishing the revenues credited to local budgets from oblast taxes and levies at tax rates in accordance with a law of the oblast;
2) establishing uniform norms of deductions to local budgets from oblast taxes and levies, and also from federal taxes and levies subject to crediting to the oblast budget;
3) establishing the procedure for equalizing the level of budgetary provision of settlements from the oblast fund for the financial support of settlements;
4) establishing the procedure for equalizing the level of budgetary provision of settlements from the district funds for the financial support of settlements;
5) establishing the procedure for equalizing the level of budgetary provision of municipal districts (urban okrugs) from the oblast 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 laws of the oblast, inter-budgetary transfers may be granted from the oblast 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 OBLAST AND OF AMENDMENTS THERETO
Article 59
1. A draft Charter of the oblast and amendments thereto may be submitted for consideration by the Legislative Assembly by the holders of the right of legislative initiative in the manner established for the introduction of draft laws.
2. A draft Charter of the oblast is considered by the Legislative Assembly in the first reading after its consideration by the Government and also at the sittings of the committees (commissions) of the Legislative Assembly.
A draft Charter of the oblast adopted in the first reading is subject to mandatory publication in the mass media and to open discussion.
3. Consideration of amendments to the Charter of the oblast is carried out in the manner established for the consideration of draft laws. Amendments to the Charter of the oblast, with the exception of amendments connected with bringing the Charter of the oblast into conformity with federal laws, may be published in the mass media and submitted for open discussion.
4. The Charter of the oblast and amendments to the Charter of the oblast are adopted by a majority of no fewer 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 oblast and of amendments thereto are carried out in the manner established for the promulgation of the laws of the oblast.
6. The Charter of the oblast and the laws of the oblast on amendments to the Charter of the oblast enter into force no earlier than ten days after their official publication.
Governor of the Oblast Valery Shantsev
Nizhny Novgorod 30 December 2005 N 219-Z
Ranking of criminal cases of members of the Oblast Legislative Assembly
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First place in the ranking of criminal-case protagonists in the Regional Legislative Assembly goes to the deputy chairman of the Legislative Assembly of the Nizhny Novgorod Region Mikhail Dikin. Dikin cannot keep himself in check. If a driver "blocks in" his car at the entrance to the Regional Legislative Assembly, he explains the parking rules personally — for instance, by hitting the driver over the head several times. He shot the driver of a "Zhiguli" who had cut off Mikhail Vitalyevich in the face with a gas pistol. At the television centre, after a pre-election debate, he started a fight with D. Savelyev. M. Dikin failed in the contract killing of Oleg Sorokin. While Mikhail Vitalyevich is receiving inpatient treatment in Moscow, he has developed a stomach ulcer. According to the deputy, he had already been treated for more than a week in the regional hospital and moved to a clinic in the capital because the doctors there are less subject to influence from the Nizhny Novgorod governor.
A. Tsapin, so far the only deputy chairman of the Regional Legislative Assembly not implicated in criminal cases, set out the position of the legislative authority of the Nizhny Novgorod Region. He is confident that justice will prevail. Second place in the criminal-case ranking goes to Roman Antonov, chairman of the budget committee of the Regional Legislative Assembly. Speeding in a "Nissan" sports car on Gagarin Avenue, in July 2004 he knocked a man down and killed him. The pedestrian's body flew dozens of metres. It emerged that the dead man had been intoxicated. Rumours appeared that R. Antonov, who was at the wheel, had also been drunk. This information was refuted. Antonov paid the dead man's widow for moral and material damage. He was not stripped of his parliamentary immunity because the panel of judges did not convene within the prescribed time. The criminal case went no further, and the deputy was not deprived of his driving licence. Third place in the ranking goes to N. Karmanov, deputy chairman of the Legislative Assembly. After the management of "Gazprom" did not wish to see N. Karmanov in the post of general director of NTEK, a criminal case from 2001, opened under the article "Fraud", surfaced. It had been suspended until additional information arrived from England about the funds Karmanov had been sending there. A fictitious foreign trade deal became the pretext for removing N. Karmanov from a post that was then cut. Lyulin found a place for his friend as his third deputy. Fourth place in the criminal-case ranking belongs to Serikov, a deputy of the Regional Legislative Assembly. A. Serikov turned out to be mixed up in apartment schemes. "Most-Bank", of which he was director, handled the settlements for the deals of the real estate agency "Volga-NN". The agency defrauded 63 people. The damage amounted to 1,889,243 roubles. The agency's general director received ten years' imprisonment. An action group of the defrauded clients declared that the only person who ought to end up behind bars is A. Serikov, since "Most-Bank" played the main role in this affair. |
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