Constitution

Armenia 1995 Constitution (reviewed 2015)

Table of Contents

CHAPTER 9. LOCAL SELF-GOVERNMENT

Article 179. The Right to Local Self-Government

  1. Local self-government is the right and ability of local self-government bodies to solve public issues of community significance under its own responsibility, in the interests of the community residents, and in accordance with the Constitution and the laws.
  2. Local self-government shall be exercised in the communities.

Article 180. Communities

  1. A community is the whole of the population of one or several settlements.
  2. A community shall be a public law legal entity.

Article 181. Elections of Local Self-Government Bodies

  1. The bodies of local self-government are the community council and the community mayor, which shall be elected for a five-year term. The Electoral Code may stipulate direct or indirect election of the community mayor. In case of direct election of the community mayor, the principles of electoral law stipulated by Article 7 of the Constitution shall be applied.
  2. The election procedure of local self-government bodies shall be stipulated by the Electoral Code.

Article 182. Community Issues and the Powers of Local Self-Government Bodies

  1. Local self-government bodies may have own powers—for performing mandatory and voluntary tasks of the community, as well as powers delegated by the state. The mandatory tasks of communities shall be stipulated by law, and the voluntary ones—by decisions of the community council.
  2. For the more effective performance of the powers of state bodies, they may by law be delegated to local self-government bodies.
  3. In the manner stipulated by law, the community council shall adopt sub-legislative normative legal acts that shall be subject to execution in the territory of the community.
  4. The community mayor shall carry out the community council’s decisions and manage the community staff. The community mayor shall be accountable before the community council.
  5. The powers of local self-government bodies shall be stipulated by law.

Article 183. Direct Participation in the Administration of Community Affairs

  1. The community residents may directly participate in the administration of community affairs by solving public issues of community significance through a local referendum.
  2. The procedure of conducting a local referendum and other modes of direct participation of community residents in the administration of community affairs shall be stipulated by law.

Article 184. Community Property

  1. A community shall have property right on land and other property.
  2. Land located within the territory of a community, with the exception of land owned by the state, as well as by natural persons or legal entities, shall be in the property of the community.
  3. The community council shall dispose the community property in the manner stipulated by law.

Article 185. Community Budget, Local Taxes, Duties, and Fees

  1. A community shall have its budget, which shall be adopted by the community council upon presentation by the community mayor.
  2. The procedure of community budget revenue formation and expenditure execution shall be stipulated by law.
  3. Within the framework of rates stipulated by law, the community council shall set local taxes and duties.
  4. The community council may set fees payable to the community budget for services provided by the community.

Article 186. The Financing of Communities

  1. For the performance of mandatory tasks of communities, the law shall stipulate such tax and non-tax sources as are necessary for ensuring the performance of such tasks.
  2. The powers delegated to communities by the state shall be subject to mandatory financing from the state budget.
  3. To the extent of its resources, the state shall allocate funds for ensuring the proportionate development of communities.

Article 187. Local Self-Government in Yerevan

Yerevan is a community. The peculiarities of local self-government in Yerevan shall be stipulated by law.

Article 188. Legal and Professional Oversight

  1. The Government’s authorized body shall, in the cases and manner stipulated by law, perform legal oversight of the exercise of the community’s own powers.
  2. The Government’s authorized bodies shall, in the cases and manner stipulated by law, perform legal and professional oversight of the exercise of powers delegated by the state.

Article 189. Inter-Community Unions

  1. To improve the efficiency of local self-government, community councils may create inter-community unions. In view of public interests, inter-community unions may also be created by law by proposal of the Government.
  2. An inter-community union may exercise only such powers that are reserved for it by law or by decisions of the communities’ councils.
  3. An inter-community union shall be a public law legal entity.

Article 190. Merger and Separation of Communities

In view of public interests, communities may be merged or separated by law. When adopting the respective law, the National Assembly shall be obliged to listen to the opinion of such communities.