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The regional law of May 29, 1996 No. 19-ZS
The current version with changes of May 6, 2019

Charter of the Rostov region

REGIONAL LAW

CHARTER OF THE ROSTOV REGION

 

Accepted
Legislative assembly

April 19, 1996

 

Legislative assembly of the Rostov region, acting on behalf of the citizens of the Russian Federation living in the territory of the Rostov region proceeding from the highest interests of Russia and its multinational people,

being guided by the Constitution of the Russian Federation and federal laws,

recognizing the rights and freedoms of the person and the citizen as the supreme values,

showing respect for historical traditions, advantage and identity of people of all nationalities inhabiting the Don earth

expressing the desire for peace and civil consent, wishing to create harmonious community of the people living on one earth and united by the general ideas of wellbeing and happiness

seeking to create necessary conditions for worthy life of the population of the Rostov region, for the benefit of all population of the Rostov region and future generations adopts the present Charter of the Rostov region (further - the Charter) and allocates it with the highest validity in the system of regulations of public authorities of the Rostov region.

Chapter 1. GENERAL PROVISIONS

 

Article 1.

 

1. The Rostov region according to the Constitution of the Russian Federation is the equal territorial subject of the Russian Federation.

2. The status of the Rostov region is defined by the Constitution of the Russian Federation and the present Charter.

The status of the Rostov region can be changed by mutual consent of the Russian Federation and the Rostov region according to the federal constitutional law.

 

Article 2.

 

The Rostov region is inseparable from the Russian Federation, sovereignty of the Russian Federation extends to all territory of the Rostov region.

 

Article 3.

 

1. The person, his rights and freedoms are the supreme value.

2. In the Rostov region the rights and freedoms of the person and the citizen according to universally recognized principles and norms of international law and according to the Constitution of the Russian Federation, the present Charter admit and guaranteed.

3. Recognition, observance and protection of the rights and freedoms of the person and citizen are the main obligation of public authorities and local governments.

4. Public authorities of the Rostov region have the right to establish additional guarantees of the rights and freedoms of the person and citizen in the territory of the Rostov region.

 

Article 4.

 

1. A source of the power in the Rostov region are the citizens of the Russian Federation living in the territory of the Rostov region.

The citizens of the Russian Federation living in the territory of the Rostov region carry out the power directly and also through public authorities and local governments.

2. The highest direct expression of the power of the citizens of the Russian Federation living in the territory of the Rostov region are the referendum and free elections.

3. The system of public authorities of the Rostov region is made Legislative Assembly of the Rostov region (supreme and only body of the legislative (representative) power), the Governor of the Rostov region (highest official of the Rostov region), by the Government of the Rostov region (supreme body of executive power), other public authorities of the Rostov region formed according to the present Charter.

 

Article 41.

 

1. In the Rostov region the openness, availability and reliability of information on activity of public authorities of the Rostov region, except for the cases provided by the federal law are provided.

The list of the data relating to information of limited access and also order of reference of the specified data to information of limited access are established by the federal law.

2. In the Rostov region freedom of search, receiving, transfer and dissemination of information on activity of public authorities of the Rostov region in any lawful way, respect for the rights of citizens to personal privacy, the personal and family mystery, protection of their honor and business reputation, the right of the organizations for protection of their business reputation when providing such information is guaranteed.

3. Access to information on activity of public authorities of the Rostov region can be provided with the following ways:

1) publication by public authorities of the Rostov region information on the activity in mass media;

2) placement by public authorities of the Rostov region information on the activity on the Internet according to the lists of information approved by regulations of the appropriate public authorities of the Rostov region;

3) placement by public authorities of the Rostov region information on the activity in the rooms occupied by the specified bodies and in other places allocated for these purposes;

4) acquaintance of users information with information on activity of public authorities of the Rostov region in the rooms occupied by the specified bodies and also through library and archival stocks;

5) presence of citizens (natural persons), including representatives of the organizations (legal entities), public associations, public authorities and local governments, at meetings of collegial public authorities of the Rostov region and also at meetings of collegial bodies of public authorities of the Rostov region;

6) granting to users information on their information request on activity of public authorities of the Rostov region;

7) in other ways provided by laws and (or) other regulations.

4. The officials of public authorities of the Rostov region, the public civil servants of the Rostov region guilty of violation of the right for access to information on activity of public authorities of the Rostov region bear disciplinary, administrative, civil and criminal liability according to the legislation of the Russian Federation.

 

Article 5.

 

1. According to the Constitution of the Russian Federation, the Federal constitutional law "About the Judicial System of the Russian Federation", other federal laws in the territory of the Rostov region, federal courts and magistrates carry out the activity.

2. Federal executive authorities carry out the powers in the territory of the Rostov region directly or through the territorial authorities created by them.

 

Article 51.

 

The restrictions and duties established by the Federal law "About Anti-corruption" and other federal laws extend to the persons replacing the state positions of the Rostov region except for the cases established by the federal law.

The restrictions and the bans established for members of the government of the Russian Federation extend to the Governor of the Rostov region if other is not established by the federal law.

The persons replacing the state positions of the Rostov region, their spouses and minor children are forbidden to discover and have accounts (deposits), to store cash and values in the foreign banks located outside the territory of the Russian Federation, to own and use foreign financial instruments. The concept "foreign financial instruments" is used in the present Charter in the value determined by the Federal law "About the Ban to Separate Categories of Persons to Open and Have Accounts (Deposits), to Store Cash and Values in the Foreign Banks Located outside the Territory of the Russian Federation, to Own and Use Foreign Financial Instruments".

 

Article 6.

 

1. Differentiation of areas of jurisdiction and powers between public authorities of the Russian Federation and public authorities of the Rostov region is carried out by the Constitution of the Russian Federation and the Federal contract. Public authorities of the Rostov region can sign contracts with public authorities of the Russian Federation on differentiation of areas of jurisdiction and powers.

2. Executive authorities of the Rostov region have the right to conclude the agreements provided by Article 78 of the Constitution of the Russian Federation with federal executive authorities.

 

Article 7.

1. The Rostov region recognizes in the territory rule of the Constitution of the Russian Federation, the federal constitutional laws and federal laws adopted on areas of jurisdiction of the Russian Federation, and the federal laws adopted in objects of joint maintaining the Russian Federation and territorial subjects of the Russian Federation.

2. Before adoption of federal laws on the questions carried to objects of joint maintaining the Russian Federation and territorial subjects of the Russian Federation, the Rostov region has the right to carry out own legal regulation on such questions. After adoption of the relevant federal law the regional laws and other regulations of public authorities of the Rostov region are brought into accord with the adopted federal law within three months.

3. Outside maintaining the Russian Federation, joint maintaining the Russian Federation and territorial subjects of the Russian Federation the Rostov region has all completeness of the government and carries out own legal regulation, including adoption of regional laws and other regulations of public authorities of the Rostov region.

4. In case of a contradiction between the federal law and the regional law, other regulatory legal act of the Rostov region adopted within the powers specified in Part 3 of the present article, and which is not contradicting the Constitution of the Russian Federation the regional law, other regulatory legal act of the Rostov region works.

 

Article 8.

 

Are under exclusive authority of the Rostov region:

1) adoption of the Charter of the Rostov region and amendments to it, adoption of regional laws and other regulations of the Rostov region;

2) establishment of a system of public authorities of the Rostov region according to the bases of the constitutional system of the Russian Federation and the general principles of the organization of legislative (representative) and executive bodies of the government determined by the federal law;

3) formation of public authorities of the Rostov region;

4) point became invalid - the Regional law of 05.12.2005 No. 402-ZS.

5) establishment of the administrative-territorial device of the Rostov region and order of its change;

6) management and the order of state ownership of the Rostov region (further - the property of the Rostov region);

7) point became invalid – the Regional law of 22.02.2018 No. 1329-ZS;

8) other questions carried to areas of jurisdiction of the Rostov region by the Constitution of the Russian Federation, the Federal contract and other contracts on differentiation of areas of jurisdiction and powers signed according to the Constitution of the Russian Federation and federal laws.

 

Article 9.

 

1. The Rostov region within the powers conferred by the Constitution of the Russian Federation, the federal legislation and contracts between public authorities of the Russian Federation and public authorities of the Rostov region about differentiation of areas of jurisdiction and powers has rights for implementation of the international and foreign economic relations with subjects of foreign federal states, administrative-territorial formation of the foreign states and also on participation in activity of the international organizations within the bodies created especially for this purpose. With the consent of the Government of the Russian Federation the Rostov region can carry out such communications and with public authorities of the foreign states.

2. The Rostov region concerning the competence has the right to sign independently contracts, agreements with other territorial subjects of the Russian Federation.

 

Article 10.

 

The flag, the coat of arms and the anthem of the Rostov region, their description and order of use are established by regional laws.

 

Chapter 2. ADMINISTRATIVE-TERRITORIAL DEVICE of the ROSTOV REGION

 

Article 11.

 

1. The territory of the Rostov region - 100.8 thousand square kilometers.

2. The Rostov region has overland and water borders.

In the West the border of the Rostov region coincides with frontier of the Russian Federation with Ukraine, in the north, the East and the South the Rostov region has administrative border with territorial subjects of the Russian Federation - the Voronezh region and the Volgograd region, the Republic of Kalmykia, Stavropol Krai and Krasnodar Krai.

In the West in Taganrog Bay of the Sea of Azov the border of the Rostov region coincides with sea frontier of the Russian Federation with Ukraine and there passes the administrative border with Krasnodar Krai. In the east the administrative border of the Rostov region with the Volgograd region partially passes across the Tsimlyansk Reservoir.

 

Article 12.

 

1. The change of passing of frontier of the Russian Federation with Ukraine attracting change of the territory of the Rostov region can be carried out only by international treaties of the Russian Federation, federal laws.

2. Administrative borders of the Rostov region with other territorial subjects of the Russian Federation can be changed in exceptional cases under agreements with appropriate subjects of the Russian Federation with the adoption of these changes by the Federation Council of Federal Assembly of the Russian Federation.

 

Article 13.

 

1. The Rostov region is formed on September 13, 1937 by the Resolution of the Central Election Commission of the USSR "About Division of Azovo-Chernomorsky Edge into Krasnodar Krai and the Rostov Region".

2. Abolition of the Rostov region, its division or association with other territorial subjects of the Russian Federation can be carried out on the basis of the federal constitutional law.

 

Article 14.

 

The administrative center of the Rostov region is the city of Rostov-on-Don. The status of the administrative center is established by the Regional law.

 

Article 15.

 

1. 55 administrative-territorial formations are a part of the Rostov region:

city of Azov, city of Bataysk, city of Volgodonsk, city of Gukovo, city of Donetsk, city of Zverevo, city of Kamensk-Shakhtinsky, city of Novocherkassk, city of Novoshakhtinsk, city of Rostov-on-Don, city of Taganrog, city of Shakhty;

Azov district, Aksay district, Bagayevsky district, Belokalitvinsky district, Bokovsky district, Upper Don area, Veselovsky district, Volgodonsk area, Dubovsky district, Egorlyksky district, Zavetinsky district, Zernogradsky district, Zimovnikovsky district, Kagalnitsky area, Kamensk district, Kasharsky district, Konstantinovsky district, Krasnosulinsky district, Kuibyshevsky district, Martynovsky district, Matveevo-Kurgansky area, Millerovsky district, Milyutinsky district, Morozovsky district, Myasnikovsky district, Neklinovsky district, Oblivsky district, Oktyabrsky district, Oryol district, Peschanokopsky district, Proletarsky district, Remontnensky district, Rodionovo-Nesvetaysky district, Salsk district, Semikarakorsky district, Sovetsky district, Tarasovsky district, Tatsinsky district, Ust-Donetsky area, Tselinsky district, Tsimlyansk district, Chertkovsky district, Sholokhovsky district.

2. The administrative-territorial formations entering the Rostov region can incorporate administrative and territorial units according to the regional law.

 

Article 16.

 

Changes of the administrative-territorial device of the Rostov region are carried out in the order established by the regional law.

 

Chapter 21. SPATIAL DEVELOPMENT of the ROSTOV REGION

 

Article 161.

 

Spatial development of the Rostov region is provided by means of implementation of town-planning activity and is based on territorial planning, town-planning zoning, planning of the territory, architectural and construction design, construction, capital repairs and reconstruction of capital construction projects.

 

Article 162.

 

Town-planning activity in the Rostov region is carried out taking into account social, economic, ecological, historical and cultural and other factors and is aimed at sustainable development of territories, the systems of resettlement for creation of the qualitative and favorable environment of activity for all residents of the Rostov region.

Town-planning activity in the Rostov region is carried out according to the Town Planning Code of the Russian Federation, federal and regional laws.

 

Article 163.

 

At implementation of town-planning activity in the Rostov region the state needs of the Russian Federation, the state needs of the Rostov region, need of municipal units are provided and also public and private concerns are considered.

 

Chapter 3. BASES of the ECONOMIC RELATIONS

IN THE ROSTOV REGION

 

Article 17.

 

In the territory of the Rostov region according to the Constitution of the Russian Federation freedom of economic activity, freedom of movement of goods, services, funds, competition support and also equality of all forms of ownership and their protection are guaranteed and provided.

 

Article 18.

 

The earth and its subsoil, waters, plant and animal life, other natural resources are used and protected as a basis of life and activity of the population of the Rostov region.

 

Article 19.

 

The property which is in the territory of the Rostov region and beyond its limits, transferred to the Rostov region as a result of differentiation of state ownership, other property created and acquired by the Rostov region according to the federal and regional legislation belongs to the property of the Rostov region.

 

Article 20.

 

The property which is owned by the Rostov region is assigned to the state enterprises and institutions on the right of economic maintaining and the right of operational management according to the civil legislation of the Russian Federation. Means of the regional budget and other property which is not assigned to the state enterprises and institutions make treasury of the Rostov region.

 

Article 21.

 

The order of management and the order of the property of the Rostov region, including shares (shares, actions) in the capitals of economic societies, associations, organizations of other legal forms is established by the regional law.

 

Chapter 4. BASES of the FINANCIAL SYSTEM of the ROSTOV REGION

 

Article 22.

 

The financial system of the Rostov region is under construction on the basis of the general principles determined by the federal legislation. The specification of these principles is carried out by the regional legislation.

 

Article 23.

 

1. The most important part of a financial system of the Rostov region is the regional budget.

2. According to the budget legislation of the Russian Federation the income of the regional budget is formed at the expense of a tax and non-tax income and also due to gratuitous receipts.

3. According to the budget legislation of the Russian Federation from the regional budget account obligations of the Rostov region are financed.

 

Article 24.

 

According to the federal and regional legislation in the Rostov region, territorial state non-budgetary funds function.

 

Article 25 became invalid - the Regional law of 29.12.2003 No. 83-ZS.

 

Article 26.

 

The regional budget and the set of budgets of the municipal units which are a part of the Rostov region (without the interbudgetary transfers between these budgets), form the consolidated budget of the Rostov region.

 

Chapter 5. BASES of STATE SYSTEM

IN THE ROSTOV REGION

 

Article 27.

 

1. The system of public authorities in the Rostov region is under construction according to bases of the constitutional system of the Russian Federation and on the basis of division of the government into legislative, executive and judicial.

2. The legislature in the Rostov region is carried out by Legislative Assembly of the Rostov region.

3. Executive power in the Rostov region is carried out through the system of executive authorities led by the Government of the Rostov region under the leadership of the Governor of the Rostov region.

4. Judicial authority in the Rostov region is carried out by the federal courts and magistrates entering into the judicial system of the Russian Federation.

5. Bodies of legislative, executive and judicial authority are independent in implementation of the powers.

6. Education, formation, activity of public authorities of the Rostov region, their power and responsibility, an order of interaction among themselves and with federal public authorities are based on the Constitution of the Russian Federation and are regulated by federal constitutional laws, Federal laws, the present Charter, Regional laws other regulations of the Rostov region.

7. For ensuring the most effective interaction of legislative and executive power in the Rostov region, the proposals of the Governor of the Rostov region made in Legislative Assembly of the Rostov region within realization of the powers by it at the initiative of the Governor of the Rostov region are considered by Legislative Assembly of the Rostov region as a matter of priority.

 

Article 28.

 

1. The present Charter has the highest validity in comparison with other regional laws and other regulations of public authorities of the Rostov region, officials of the Rostov region, bodies and officials of local government.

2. The present Charter, regional laws and other regulations of the Rostov region adopted within powers of the Rostov region have direct action if other is not established in the text of the relevant regulatory legal act, are obligatory for execution by all public authorities which are in the territory of the Rostov region, other public authorities and public institutions, local governments, the organizations, public associations, officials and citizens and are subject to the state protection in the territory of the Rostov region.

3. Non-performance or violation of the regulations specified in Part 2 of the present article attracts the responsibility provided by federal and regional laws. In case administrative responsibility for the specified actions is not established by the federal law, it can be established by the regional law.

 

Article 29.

 

Public authorities of the Rostov region and their officials are responsible, provided by federal and regional laws, for violation of the Constitution of the Russian Federation, federal constitutional laws, federal laws, other regulations of the Russian Federation, regional laws and other regulations of the Rostov region and also for not achievement of the planned results of social and economic development of the Rostov region, including the indicators of efficiency of their realization established by state programs of the Rostov region.

 

Article 30.

 

1. Disputes between Legislative Assembly of the Rostov region and the Government of the Rostov region concerning implementation of their powers are resolved according to the conciliation procedures provided by the Constitution of the Russian Federation, the present Charter and the regional law or in court.

2. Disputes on competence between Legislative Assembly of the Rostov region and the Government of the Rostov region are resolved by the Constitutional Court of the Russian Federation according to the Federal constitutional law "About the Constitutional Court of the Russian Federation".

 

Chapter 6. LEGISLATURE of the ROSTOV REGION

 

Article 31.

 

1. The legislative assembly of the Rostov region is permanent highest and only regulatory authority of the Rostov region.

2. The legislative assembly of the Rostov region has rights of the legal entity, has an official stamp.

 

Article 32.

 

The order of activity of Legislative Assembly of the Rostov region is defined by the present Charter, regional laws and also the Regulations of Legislative Assembly of the Rostov region approved by the resolution of Legislative Assembly of the Rostov region.

 

Article 33.

 

1. The legislative assembly of the Rostov region consists of 60 deputies elected by the citizens of the Russian Federation living in the territory of the Rostov region on the basis of general equal and direct suffrage at a ballot.

2. The term of office of deputies of Legislative Assembly of the Rostov region of one convocation is 5 years.

3. The order of elections to Legislative Assembly of the Rostov region is established by the regional law.

 

Article 34.

 

1. The number of the deputies of Legislative Assembly of the Rostov region working at a professional constant basis is established by the Regional law.

2. The chairman of Legislative Assembly of the Rostov region and his deputies work at a professional constant basis.

 

Article 35.

 

1. The legislative assembly of the Rostov region is competent if not less than two thirds of the determined number of his deputies are chosen.

2. The legislative assembly of the Rostov region of the next convocation gathers for the first meeting no later than two weeks after official publication of the resolution of Election commission of the Rostov region on results of elections to Legislative Assembly of the Rostov region of the next convocation. The first meeting is opened by the first in age deputy of Legislative Assembly of the Rostov region.

 

Article 36.

 

1. During the term of the powers the deputies of Legislative Assembly of the Rostov region cannot be deputies of the State Duma of Federal Assembly of the Russian Federation, members of the Federation Council of Federal Assembly of the Russian Federation, judges, to replace other state positions of the Russian Federation, other state positions of the Rostov region, the state positions of other territorial subject of the Russian Federation, a position of federal public service, a position of the public civil service of the Rostov region or other territorial subject of the Russian Federation and also municipal positions and positions of municipal service if other is not provided by the federal law.

2. The deputies of Legislative Assembly of the Rostov region working at a professional constant basis cannot be engaged in other paid activity, except teaching, scientific and other creative activity if other is not provided by the legislation of the Russian Federation. At the same time teaching, scientific and other creative activity cannot be financed only by means of the foreign states, the international and foreign organizations, foreign citizens and persons without citizenship if other is not provided by the international treaty of the Russian Federation or the legislation of the Russian Federation. The deputies of Legislative Assembly of the Rostov region working at a professional constant basis cannot participate in quality of defenders or representatives (except cases of lawful representation) on civil, administrative or criminal cases or cases of administrative offenses.

3. The deputy of Legislative Assembly of the Rostov region has no right to use the status for the activity which is not connected with implementation of deputy powers.

4. The deputy of Legislative Assembly of the Rostov region has no right to be a part of governing bodies, trustee or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural units operating in the territory of the Russian Federation if other is not provided by the international treaty of the Russian Federation or the legislation of the Russian Federation.

 

Article 37.

 

Powers, the rights, duties and also guarantees of activity and immunity of the deputy of Legislative Assembly of the Rostov region are established by Regional laws according to Federal laws.

 

Article 38.

 

1. The legislative assembly of the Rostov region carries out the powers at meetings according to the Regional law and the Regulations of Legislative Assembly of the Rostov region.

2. Meetings of Legislative Assembly of the Rostov region are held openly and publicly. The legislative assembly of the Rostov region has the right to hold private meetings at discussion of the questions connected with protection of the state secret, deputy ethics in other cases provided by federal laws, regional laws and also Regulations of Legislative Assembly of the Rostov region.

3. The Governor of the Rostov region, persons replacing the state positions of the Rostov region in the Government of the Rostov region, heads of other executive authorities of the Rostov region or persons, them representatives has the right to be present at meetings of Legislative Assembly of the Rostov region with advisory capacity.

 

Article 39.

 

1. Activity of Legislative Assembly of the Rostov region is headed by the Chairman.

2. The chairman of Legislative Assembly of the Rostov region and his deputies are elected from among deputies at a meeting of Legislative Assembly of the Rostov region and are accountable to Legislative Assembly of the Rostov region.

The order of election and dismissal of the Chairman of Legislative Assembly of the Rostov region and his deputies is defined by Regulations of Legislative Assembly of the Rostov region according to the present Charter and the regional law.

3. The chairman of Legislative Assembly of the Rostov region represents Legislative Assembly of the Rostov region in the relations with public authorities, local governments, the organizations, public associations and citizens, convenes meetings of Legislative Assembly of the Rostov region and presides over them, signs resolutions of Legislative Assembly of the Rostov region, minutes of meetings of Legislative Assembly of the Rostov region, carries out other powers assigned to it by federal laws, the Charter of the Rostov region, regional laws, Regulations of Legislative Assembly of the Rostov region, resolutions of Legislative Assembly of the Rostov region.

 

Article 40.

 

The legislative assembly of the Rostov region has the right to create committees, the commissions and other bodies of Legislative Assembly of the Rostov region, the working groups which activity is regulated by Regulations of Legislative Assembly of the Rostov region and other regulations of Legislative Assembly of the Rostov region according to the present Charter and the regional law. Chairmen of committees and commissions of Legislative Assembly of the Rostov region, deputy chairmen of committees of Legislative Assembly of the Rostov region are elected at a meeting of Legislative Assembly of the Rostov region.

 

Article 41.

 

1. The legislative assembly of the Rostov region independently resolves issues of organizational, legal, information, material and financial security of the activity.

2. Expenses on ensuring activity of Legislative Assembly of the Rostov region are provided in the regional budget separately from other expenses according to the budgetary classification of the Russian Federation.

 

Article 42.

 

1. For ensuring realization of the powers and organizational, legal, documentary, information, financial, material and other support of the activity and also activity of deputy associations, committees, the commissions and other bodies of Legislative Assembly of the Rostov region, the Chairman of Legislative Assembly of the Rostov region, his deputies, deputies of Legislative Assembly of the Rostov region the Legislative Assembly of the Rostov region creates the office of Legislative Assembly of the Rostov region.

2. The structure of Legislative Assembly of the Rostov region and the number of staff of the office of Legislative Assembly of the Rostov region are approved by the resolution of Legislative Assembly of the Rostov region.

 

Article 43.

 

1. The legislative assembly of the Rostov region carries out the powers according to the Constitution of the Russian Federation, federal laws, the present Charter and regional laws.

2. Is within the competence of Legislative Assembly of the Rostov region:

1) adoption of the Charter of the Rostov region and amendments to it;

11) point became invalid – the Regional law of 22.06.2012 No. 879-ZS;

12) hearing of annual reports of the Governor of the Rostov region on results of activity of the Government of the Rostov region, including on the questions raised by Legislative Assembly of the Rostov region;

13) hearing of information on activity of territorial authorities of federal executive authorities in the Rostov region;

2) adoption of regional laws and resolutions of Legislative Assembly of the Rostov region on areas of jurisdiction of the Rostov region as territorial subject of the Russian Federation and to objects of joint maintaining the Russian Federation and territorial subjects of the Russian Federation within powers of the territorial subject of the Russian Federation;

3) adoption of Regulations of Legislative Assembly of the Rostov region and solution of questions of the internal schedule of the activity;

4) establishment according to the present Charter of bases of the organization and activity of Legislative Assembly of the Rostov region;

5) adoption of regulations about official explanations of the Charter of the Rostov region, regional laws in the form and an order established for adoption of the Charter of the Rostov region, regional laws;

6) approval of the regional budget and report on its execution;

7) statement of a procedure of strategic planning in the Rostov region according to the Federal law "About Strategic Planning in the Russian Federation";

8) introduction of taxes and fees which establishment is referred by the federal law to maintaining the Rostov region as the territorial subject of the Russian Federation, establishment of an order of their collection and also granting tax benefits within the rights granted by the legislation of the Russian Federation on taxes and fees;

9) approval of the conclusion and termination of contracts of the Rostov region;

10) establishment of an order of management and the order of the property of the Rostov region, including shares (shares, actions) of the Rostov region in the capitals of economic societies, associations and enterprises of other legal forms;

11) establishment of a system of executive authorities of the Rostov region;

12) establishment of an order of education and activity of Control Audit Chamber of the Rostov region, order of appointment to the post of the chairman of Control Audit Chamber of the Rostov region, vice-chairman of Control Audit Chamber of the Rostov region and auditors of Control Audit Chamber of the Rostov region;

13) dissolution in the order established by the federal law, representative bodies of municipal units;

14) point is excluded - the Regional law of 29.12.2003 No. 83-ZS.

15) establishment according to the legislation of the Russian Federation of an order of protection and use of objects of natural and cultural heritage in the territory of the Rostov region;

16) establishment of the administrative-territorial device of the Rostov region and order of its change;

17) point is excluded - the Regional law of 29.12.2003 No. 83-ZS.

18) establishment of an order of appointment and holding regional referendum, local referendum;

19) establishment of an order of elections to Legislative Assembly of the Rostov region, an order of elections of the Governor of the Rostov region, an order of a response of the Governor of the Rostov region and also an order of elections to local governments in the territory of the Rostov region;

20) calling of an election in Legislative Assembly of the Rostov region, elections of the Governor of the Rostov region, vote on a response of the Governor of the Rostov region, a regional referendum;

21) point became invalid - the Regional law of 05.12.2005 No. 402-ZS.

22) making decision on the early termination of powers (self-dissolution) of Legislative Assembly of the Rostov region;

23) making decision on mistrust to the Governor of the Rostov region;

24) purpose of a half of members of Election commission of the Rostov region with the right of a casting vote;

24.1) appointment to the post and the early termination of powers of the Commissioner for Human Rights in the Rostov region, the Ombudsman for Children in the Rostov region;

25) participation along with the Governor of the Rostov region in coordination of idea of the Prosecutor General of the Russian Federation of appointment to the post of the prosecutor of the Rostov region;

26) participation in coordination of appointment to the post of heads of territorial authorities of federal executive authorities in the cases provided by federal laws;

27) the address to the Governor of the Rostov region, to the Government of the Rostov region with the offer on introduction of amendments to the legal acts or of recognition issued by them which became invalid for them and also the appeal of the specified acts in court;

28) the appeal to executive authorities of the Rostov region with the offer on modification and (or) additions in the regulations adopted by them or about their cancellation and also the appeal of the specified acts in court;

29) granting of power to the member of the Federation Council of Federal Assembly of the Russian Federation - the representative from Legislative Assembly of the Rostov region in the order provided by the federal law;

30) adoption of the agreement on change of borders of the Rostov region with other territorial subjects of the Russian Federation;

30.1) approval of the draft agreement on separation of powers;

31) election of magistrates;

32) point became invalid - the Regional law of 20.01.2005 No. 277-ZS.

33) the solution of other questions according to the powers assigned to legislative (representative) public authorities of territorial subjects of the Russian Federation, the Constitution of the Russian Federation, federal laws, the present Charter and regional laws.

3. The legislative assembly of the Rostov region on the questions carried to its maintaining adopts regional laws and resolutions.

4. Regional laws regulate the questions specified in Paragraphs 1, 4-19 of Part 2 of the present article and also other questions relating according to the Constitution of the Russian Federation, federal laws, the present Charter and regional laws to maintaining and powers of the Rostov region.

5. Resolutions of Legislative Assembly of the Rostov region make out decisions on the questions specified in Paragraphs 1.2, 3, 20-32 of Part 2 of the present article and also other decisions on the questions carried by the Constitution of the Russian Federation, federal laws, the present Charter and regional laws to maintaining legislative (representative) public authority of the territorial subject of the Russian Federation.

 

Article 44.

 

The legislative assembly of the Rostov region has the right:

1) legislative initiative in the State Duma of Federal Assembly of the Russian Federation;

2) request in the Constitutional Court of the Russian Federation for interpretation of the Constitution of the Russian Federation;

3) to make proposals on amendments and revision of provisions of the Constitution of the Russian Federation, to make decisions on approval or disapproval of laws of the Russian Federation on amendments to Chapters 3-8 of the Constitution of the Russian Federation to the introduction them in force;

4) to appeal to the Constitutional Court of the Russian Federation concerning compliance of the Constitution of the Russian Federation of federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, constitutions of the republics, charters, laws and other regulations of the territorial subjects of the Russian Federation published on the questions relating to maintaining public authorities of the Russian Federation and joint maintaining public authorities of the Russian Federation and public authorities of territorial subjects of the Russian Federation and also contracts between public authorities of the Russian Federation and public authorities of territorial subjects of the Russian Federation, contracts between public authorities of the territorial subjects of the Russian Federation which did not come into force of international treaties of the Russian Federation;

5) to appeal to the Supreme Court of the Russian Federation concerning compliance to the legislation of the Russian Federation of regulations of the federal executive authorities concerning the rights and freedoms of citizens.

 

Article 45.

 

The legislative assembly of the Rostov region through committees, the commissions and others, specially created by it, carries out bodies in the limits and forms established by the present Charter and regional laws, control:

behind observance and performance of the legal acts adopted by Legislative Assembly of the Rostov region;

behind execution of the regional budget, budgets of territorial state non-budgetary funds;

behind observance of an established order of the order property of the Rostov region.

 

Article 46.

 

1. The right of a legislative initiative in Legislative Assembly of the Rostov region belongs to deputies of Legislative Assembly of the Rostov region, the Governor of the Rostov region, the Government of the Rostov region, the prosecutor of the Rostov region, representative bodies of municipal units, heads of municipalities, the Federation Council of labor unions of the Rostov region. The right of a legislative initiative in Legislative Assembly of the Rostov region belongs to also Rostov regional court, Arbitration court of the Rostov region, Election commission of the Rostov region concerning their maintaining.

The right of a legislative initiative in Legislative Assembly of the Rostov region is carried out in the order established by the present Charter, other regional laws and Regulations of Legislative Assembly of the Rostov region.

2. The drafts of regional laws introduced to Legislative Assembly of the Rostov region by the Governor of the Rostov region are considered according to his offer as a matter of priority with observance of the requirements established by Regulations of Legislative Assembly of the Rostov region.

3. Drafts of regional laws on introduction or about cancellation of taxes, release from their payment, change of financial obligations of the Rostov region, other bills providing the expenses covered at the expense of means of the regional budget are considered by Legislative Assembly of the Rostov region on representation or in the presence of the conclusion of the Governor of the Rostov region. This conclusion is submitted in Legislative Assembly of the Rostov region no later than twenty calendar days from the date of receipt of the address to the address of the Governor of the Rostov region.

 

Article 47.

 

1. The draft of the regional law is considered by Legislative Assembly of the Rostov region not less than in two readings.

2. Regional laws are adopted by a majority vote from the determined number of deputies if other is not provided by the federal law.

3. The decision on acceptance or a rejection of the draft of the regional law and also on adoption of the regional law is made out by the resolution of Legislative Assembly of the Rostov region.

 

Article 48.

 

1. The regional laws adopted by Legislative Assembly of the Rostov region within ten calendar days from the date of their acceptance are sent the Chairman of Legislative Assembly of the Rostov region to the Governor of the Rostov region.

2. The governor of the Rostov region within fourteen calendar days from the date of receipt of the Charter of the Rostov region, the Regional law is obliged to sign the Charter of the Rostov region, the Regional law or to reject the Regional law. In case of a rejection of the Regional law by the Governor of the Rostov region the rejected Regional law is returned to Legislative Assembly of the Rostov region with motivated justification of its deviation or with the offer on introduction in it of changes and additions.

3. In case of a rejection by the Governor of the Rostov region of the regional law the specified regional law can be approved in earlier accepted edition by the majority not less than two thirds of voices of the determined number of deputies of Legislative Assembly of the Rostov region.

The regional law approved in earlier accepted edition cannot be repeatedly rejected by the Governor of the Rostov region and is subject to signing within five calendar days.

4. In case of acceptance at reconsideration of the regional law in the new edition this regional law is sent to the Governor of the Rostov region as again accepted.

 

Article 49.

 

1. Regional laws are subject to official publication no later than fourteen calendar days from the date of their signing if other term is not established by the federal law. The order of official publication of regional laws is established by the regional law.

2. Regional laws come into force after their official publication. Regional laws concerning protection of the rights and freedoms of the person and the citizen come into force not earlier than in ten days after their official publication.

The term of entry into force of the regional law is specified in the most regional law.

Unpublished regional laws are not applied.

3. The governor of the Rostov region, executive authorities of the Rostov region, other public authorities of the Rostov region, local governments and officials of local government bring the legal acts into accord with the adopted Regional law within three months from the date of its entry into force if other term is not established by the Regional law.

 

Article 50.

 

1. Resolutions of Legislative Assembly of the Rostov region are accepted by a majority vote from number of the elected deputies if other is not provided by the federal law.

2. Resolutions on self-dissolution of Legislative Assembly of the Rostov region, on mistrust to the Governor of the Rostov region are accepted by the majority not less than two thirds of voices of the determined number of deputies of Legislative Assembly of the Rostov region.

3. The resolution of Legislative Assembly comes into force from the date of its acceptance if the regional law or the resolution did not establish other order of its entry into force.

4. Resolutions of Legislative Assembly of the Rostov region are published in the order established by the regional law.

5. Resolutions of Legislative Assembly of the Rostov region which make out decisions on adoption of regional laws are sent to the Governor of the Rostov region together with the relevant regional laws. Other resolutions of Legislative Assembly of the Rostov region are sent to the Governor of the Rostov region within seven days from the date of their acceptance.

 

Article 51.

 

1. Powers of Legislative Assembly of the Rostov region can be stopped ahead of schedule in cases:

1) making decision on self-dissolution;

2) dissolution of Legislative Assembly of the Rostov region by the Governor of the Rostov region in an order and on the bases determined by the federal law;

3) entry into force of the decision of the Rostov regional court on incompetence of this list of deputies of Legislative Assembly of the Rostov region, including in connection with addition by deputies of the powers:

4) entry into force of the decision of the President of the Russian Federation on dissolution of the Legislative Assembly of the Rostov region made in an order and on the bases determined by the federal law.

2. In case of the early termination of powers of Legislative Assembly of the Rostov region the Election commission of the Rostov region appoints early elections in Legislative Assembly of the Rostov region. The specified elections are held in the terms established by the Federal law "About the Main Guarantees of Electoral Rights and Rights for Participation in a Referendum of Citizens of the Russian Federation".

 

Chapter 7. EXECUTIVE POWER of the ROSTOV REGION

 

Article 52.

 

1. The highest official of the Rostov region is the Governor of the Rostov region.

2. The government of the Rostov region is the supreme body of executive power of the Rostov region.

3. Are a part of the system of executive authorities of the Rostov region as well other executive authorities (further – regional executive authorities) formed according to the present Charter.

4. The structure of executive authorities of the Rostov region is defined by the Governor of the Rostov region according to the present Charter.

5. According to the Constitution of the Russian Federation within maintaining the Russian Federation and powers of the Russian Federation for objects of joint maintaining the Russian Federation and territorial subjects of the Russian Federation the executive authorities of the Rostov region are included into the uniform system of executive power in the Russian Federation.

 

Article 53.

 

1. The governor of the Rostov region is elected the citizens of the Russian Federation living in the territory of the Rostov region on the basis of general equal and direct suffrage at a ballot for a period of 5 years.

The citizen of the Russian Federation who is possessing according to the Constitution of the Russian Federation, the federal law passive suffrage, not having nationality of the foreign state or the residence permit or other document confirming the right for permanent residence of the citizen of the Russian Federation in the territory of the foreign state, and reached age of 30 years can be elected the governor of the Rostov region.

The same person cannot replace a position of the Governor of the Rostov region more than two terms in a row.

Elections of the Governor of the Rostov region are held according to federal laws, the present Charter of the Rostov region and the regional law.

2. The term of office of the Governor of the Rostov region is 5 years and is estimated from the date of his taking office. The governor of the Rostov region enters a position on the first Friday after thirty days from the date of official publication by Election commission of the Rostov region of the general data on results of elections of the Governor of the Rostov region and starts execution of the powers from the moment of bringing of the oath by it. In case the person which is replacing a position of the Governor of the Rostov region or temporarily fulfilling duties of the Governor of the Rostov region according to subparagraphs is elected the Governor of the Rostov region "and", "in" and "" of Paragraph 9 of Article 19 of the Federal law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Territorial Subjects of the Russian Federation", the elected Governor of the Rostov region enters a position in the day determined by the decree of the Governor of the Rostov region, but not later than after thirty days from the date of official publication by Election commission of the Rostov region of the general data on results of elections of the Governor of the Rostov region.

At taking office the Governor of the Rostov region takes the following oath:

"I swear at implementation of powers of the Governor of the Rostov region to observe the Constitution of the Russian Federation and the federal legislation, the Charter of the Rostov region and regional laws, to promote protection of the rights and freedoms of the person and citizen, prosperity of the Rostov region, to truly serve the people".

The swearing-in ceremony the Governor of the Rostov region takes place in a festive atmosphere.

The order of holding a swearing-in ceremony is defined by the elected Governor of the Rostov region.

From the moment of bringing of the oath by the elected Governor of the Rostov region, powers of the acting Governor of the Rostov region stop.

3. During the period from the date of official publication by Election commission of the Rostov region of the general data on results of elections of the Governor of the Rostov region before taking office of the elected Governor of the Rostov region the elected Governor of the Rostov region has the right to get acquainted with official documents and materials of public authorities of the Rostov region, to be present at meetings of Legislative Assembly of the Rostov region and executive authorities of the Rostov region.

4. The acting Governor of the Rostov region and the elected Governor of the Rostov region interact among themselves by preparation for delegation of power.

5. In day of taking office the Governor of the Rostov region issues the decree on the taking office.

6. The governor of the Rostov region cannot be at the same time the deputy of the State Duma of Federal Assembly of the Russian Federation, the member of the Federation Council of Federal Assembly of the Russian Federation, the judge, to replace other state positions of the Russian Federation, other state positions of the Rostov region, a position of federal public service, a position of the public civil service of the Rostov region or other territorial subject of the Russian Federation and also municipal positions and positions of municipal service, cannot be engaged in other paid activity, except teaching, scientific and other creative activity if other is not provided by the legislation of the Russian Federation. At the same time teaching, scientific and other creative activity cannot be financed only by means of the foreign states, the international and foreign organizations, foreign citizens and persons without citizenship if other is not provided by the international treaty of the Russian Federation or the legislation of the Russian Federation. The restrictions set by the real part, concerning replacement with the Governor of the Rostov region of positions of federal public service are not applied in the cases established by decrees of the President of the Russian Federation.

7. The governor of the Rostov region has no right to be a part of governing bodies, trustee or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural units operating in the territory of the Russian Federation if other is not provided by the international treaty of the Russian Federation or the legislation of the Russian Federation.

8. The governor of the Rostov region has no right to refuse passing of the procedure of registration of admission to the data which are the state and protected by the federal law other secret.

 

Article 54.

1. Governor of the Rostov region:

1) heads the Government of the Rostov region;

2) represents the Rostov region in the relations with federal public authorities, public authorities of territorial subjects of the Russian Federation, local governments and at implementation of the international and foreign economic relations, at the same time he has the right to sign contracts and agreements on behalf of the Rostov region;

3) gives authority to the member of the Federation Council of Federal Assembly of the Russian Federation – the representative from the Government of the Rostov region in the order provided by the federal law;

4) participates along with Legislative Assembly of the Rostov region in coordination of idea of the Prosecutor General of the Russian Federation of appointment to the post of the prosecutor of the Rostov region;

5) coordinates appointment to the post of heads, deputy heads of territorial authorities of federal executive authorities or otherwise participates in their appointment in the cases provided by the federal legislation;

6) signs and officially publishes the regional laws adopted by Legislative Assembly of the Rostov region or rejects them;

7) has the right to demand convocation of an emergency meeting of Legislative Assembly of the Rostov region and also to convoke newly elected Legislative Assembly of the Rostov region on the first meeting of earlier established period;

8) having the right to participate in work of Legislative Assembly of the Rostov region with advisory capacity;

9) has the right to address to Legislative Assembly of the Rostov region with the offer on introduction of amendments to resolutions of Legislative Assembly of the Rostov region or on their cancellation and also has the right to appeal against the specified resolutions in court;

10) dismisses Legislative Assembly of the Rostov region according to federal laws, the present Charter and regional laws;

11) appoints a half of members of Election commission of the Rostov region with the right of a casting vote;

12) forms the Government of the Rostov region according to the regional law and makes the decision on resignation of the Government of the Rostov region;

13) submits to Legislative Assembly of the Rostov region annual reports on results of activity of the Government of the Rostov region, including on the questions raised by Legislative Assembly of the Rostov region;

14) approves structure of executive authorities of the Rostov region and defines the main activities of executive authorities of the Rostov region;

15) provides coordination of activity of executive authorities of the Rostov region with other public authorities of the Rostov region and according to the legislation of the Russian Federation can organize interaction of executive authorities of the Rostov region with federal executive authorities and their territorial authorities, local governments and public associations;

16) appoints to a position and dismisses the persons replacing the state positions of the Rostov region in regional executive authorities, is the employer's representative concerning the public civil servants of the Rostov region passing the public civil service of the Rostov region in government office of the Rostov region, other regional executive authorities and in devices of magistrates;

17) in the order established by the federal law issues the decree on dismissal from a position of the head of the municipality or the head of local administration;

18) has the right to repeal legal acts of regional executive authorities;

19) creates collegial coordinating and advisory bodies at the Governor of the Rostov region;

20) carries out other powers referred to competence of the highest official of the territorial subject of the Russian Federation (head of the supreme body of executive power of the territorial subject of the Russian Federation) according to federal laws, the present Charter and regional laws.

2. The governor of the Rostov region at implementation of the powers is obliged to observe the Constitution of the Russian Federation, federal laws, the present Charter, regional laws and also to execute decrees of the President of the Russian Federation and the Russian Federation Government decree.

 

Article 55.

 

1. Powers of the Governor of the Rostov region stop ahead of schedule in cases:

1) his death;

2) dismissals by the President of the Russian Federation, his from a position, in connection with expression to it mistrust Legislative Assembly of the Rostov region;

3) his resignations at own will;

4) dismissals by the President of the Russian Federation, his from a position, in connection with loss of trust of the President of the Russian Federation, for inadequate execution of the duties (including on implementation of delegated powers of the Russian Federation) and also in other cases provided by the federal law. At the same time the basis for loss of trust of the President of the Russian Federation is identification concerning the Governor of the Rostov region of the facts of corruption or not settlement of conflicting interests as the offenses provided by the Federal law "About Anti-corruption" or establishment concerning the Governor of the Rostov region of the facts of opening or existence of accounts (deposits), storages of cash and values in the foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments when such person was the registered candidate for this position;

5) recognitions by its court incapacitated or it is limited by capable;

6) recognitions by its court it is unknown absent or announcements the dead;

7) introductions concerning it in validity of a conviction of court;

8) its departure out of borders of the Russian Federation on the permanent residence;

9) losses of citizenship of the Russian Federation by it, acquisitions of nationality of the foreign state by it or obtaining by it the residence permit or other document confirming the right for permanent residence of the citizen of the Russian Federation in the territory of the foreign state;

10) its response the voters registered in the territory of the Rostov region, on the basis of and as it should be, established by the Federal law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Territorial Subjects of the Russian Federation" and the regional law.

1.1. The decision on the early termination of powers of the Governor of the Rostov region is made by Legislative Assembly of the Rostov region on representation of the President of the Russian Federation, except for the cases provided by Paragraphs 1, 2, 3 and 4 of a part of 1 present article.

1.2. In the cases provided by Paragraphs 2, 3 and 4 of a part of 1 present article, the decision on the early termination of powers of the Governor of the Rostov region is made by the President of the Russian Federation.

2. The legislative assembly of the Rostov region has the right to express no confidence in the Governor of the Rostov region in cases:

1) editions to them the acts contradicting the Constitution of the Russian Federation, federal laws, the present Charter and regional laws if such contradictions are established by the relevant court, and the Governor of the Rostov region will not eliminate the specified contradictions within a month from the date of entry into force of the judgment;

2) other gross violation of the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation, Russian Federation Government decrees, the present Charter and regional laws established by the relevant court if it caused mass violation of the rights and freedoms of citizens;

3) inadequate execution of the duties.

3. The decision of Legislative Assembly of the Rostov region on mistrust to the Governor of the Rostov region is made by two thirds of voices of the determined number of deputies at the initiative of not less than one third of the determined number of deputies.

4. The decision of Legislative Assembly of the Rostov region on mistrust to the Governor of the Rostov region is sent for consideration of the President of the Russian Federation for the solution of a question of dismissal of the Governor of the Rostov region from a position.

The decision of the President of the Russian Federation on dismissal of the Governor of the Rostov region from a position involves resignation of the Government of the Rostov region headed by it. In the specified case the Government of the Rostov region continues to work before formation of new structure of the Government of the Rostov region.

5. A part became invalid - the Regional law of 24.06.2009 No. 246-ZS.

 

Article 56

 

1. In cases when the Governor of the Rostov region temporarily (in connection with a disease or a holiday) cannot fulfill the duties, they are executed by the First Deputy Governor of the Rostov region who is on a position the Deputy Prime Minister of the Rostov region except for the cases provided by the federal law.

2. The First Deputy Governor of the Rostov region specified in a part of 1 present article has no right:

1) to dismiss Legislative Assembly of the Rostov region;

2) to make proposals on change of the present Charter;

3) to appoint and dismiss the persons replacing the state positions of the Rostov region in the Government of the Rostov region and heads of regional executive authorities;

4) to make the decision on resignation of the Government of the Rostov region.

 

Article 57.

 

1. The governor of the Rostov region on the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, regulations of the President of the Russian Federation, Russian Federation Government decrees, the present Charter and regional laws issues decrees and orders.

Decrees the introduction of the newly elected Governor of the Rostov region in a position appears, decisions of the Governor of the Rostov region on granting of power to the member of the Federation Council of Federal Assembly of the Russian Federation - the representative from the Government of the Rostov region, appointment to the state positions of the Rostov region and positions of the public civil service of the Rostov region of the highest group in the Government of the Rostov region and regional executive authorities are made out, the structure of executive authorities of the Rostov region, Regulations of the Government of the Rostov region are approved, released from a position of the head of municipalities or the head of local administrations.

Decisions of the Governor of the Rostov region on other questions are made in the form of the decree or the order according to federal laws, legal acts of the President of the Russian Federation and the Government of the Russian Federation, regional laws and Regulations of the Government of the Rostov region.

2. Legal acts of the Governor of the Rostov region are sent to Legislative Assembly of the Rostov region within seven days after their edition.

 

Article 58.

 

1. The government of the Rostov region is the supreme permanent collegial body of executive power of the Rostov region which is headed by the Governor of the Rostov region.

2. The Government of the Rostov region on a position includes the Governor of the Rostov region, deputies (including the first) the Governor of the Rostov region, ministers.

3. The structure of the Government of the Rostov region includes the persons specified in Parts 2 of the present article, and government office of the Rostov region.

In structure of the Government of the Rostov region, bodies of the Government of the Rostov region can be created territorial (city, regional and others).

4. At the Government of the Rostov region coordinating, advisory and other bodies can be created. The decision on creation of the specified bodies is made by the Government of the Rostov region.

5. The persons replacing the state positions of the Rostov region in the Government of the Rostov region and other regional executive authorities are appointed to a position for a term of office of the Governor of the Rostov region.

6. The government of the Rostov region has rights of the legal entity, has an official stamp.

 

Article 59.

 

1. Legal status and an order of the organization of activity of the Government of the Rostov region are defined by the present Charter, the regional law and regulations of the Governor of the Rostov region and the Government of the Rostov region issued according to them.

2. The structure of government office of the Rostov region, the staff list of the Government of the Rostov region and the provision on structural units of government office of the Rostov region are approved by the Governor of the Rostov region.

 

Article 60.

 

Government of the Rostov region:

1) provides execution in the territory of the Rostov region to the Constitution of the Russian Federation, federal laws and other regulations of the Russian Federation, the present Charter, regional laws and other regulations of the Rostov region;

2) develops and carries out measures for ensuring complex social and economic development of the Rostov region, participates in carrying out uniform state policy on finance, science, education, health care, culture, physical culture and sport, social security and ecology;

3) carries out within the powers measures for realization, providing and protection of the rights and freedoms of the person and the citizen, protection of property and public order, counteraction to terrorism and extremism, fight against crime;

31) carries out within the powers measures for providing the state guarantees of equal rights, freedoms and legitimate interests of the person and the citizen irrespective of race, nationality, language, the relation to religion and other circumstances; to prevention of restriction of the rights and discrimination on signs of social, racial, national, language or religious affiliation; to preservation and development of ethnocultural diversity of the people of the Russian Federation living in the territory of the Rostov region, their languages and culture; to protection of the rights of indigenous ethnic groups and other ethnic minorities; social and cultural adaptation of migrants; to prevention of the international (interethnic) conflicts and ensuring interethnic and interfaith concord;

4) develops and introduces the draft of the regional budget to Legislative Assembly of the Rostov region;

5) defines an order of development and updating of the documents of strategic planning which are under its authority and claims (approves) such documents;

6) provides execution of the regional budget, prepares and introduces the report on execution of the regional budget in Legislative Assembly of the Rostov region, prepares for submission by the Governor of the Rostov region to Legislative Assembly of the Rostov region annual reports on results of activity of the Government of the Rostov region, the summary annual report on the course of realization and on assessment of efficiency of state programs of the Rostov region, annual reports on course of execution of the plan of measures on strategy implementation of social and economic development of the Rostov region;

7) forms other regional executive authorities;

8) according to federal and regional laws, the decree of the Governor of the Rostov region on structure of regional executive authorities approves regulations on regional executive authorities;

9) establishes an order of creation and activity territorial (city, regional and others) bodies of the Government of the Rostov region and regional executive authorities;

10) administers and disposes of property of the Rostov region according to regional laws and also administers the federal property transferred to management of the Rostov region according to federal laws and other regulations of the Russian Federation;

11) has the right to offer local government, to elected or other official of local government to bring into accord with the legislation the legal acts issued by them in case the specified acts contradict the Constitution of the Russian Federation, federal laws and other regulations of the Russian Federation, the present Charter, regional laws and other regulations of the Rostov region and also has the right to appeal to court;

111) carries out the powers assigned to it established by the regulations of the President of the Russian Federation and regulations of the Government of the Russian Federation providing implementation transfer to executive authorities of the Rostov region of separate powers of federal executive authorities according to Paragraph 71 of Article 263 of the Federal law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Territorial Subjects of the Russian Federation"

12) carries out other powers established by federal laws, the present Charter, regional laws and also agreements with the federal executive authorities provided by Article 78 of the Constitution of the Russian Federation.

 

Article 61.

 

1. The government of the Rostov region within the powers adopts resolutions and orders.

The legal acts having standard character are accepted in the form of Decrees of the Government of the Rostov region. The legal acts which do not have standard character are accepted in the form of orders of the Government of the Rostov region.

2. Decrees of the Government of the Rostov region are sent to Legislative Assembly of the Rostov region within seven days after their acceptance.

 

Article 62.

 

1. The government of the Rostov region heads regional executive authorities (the ministries, departments, committees, managements, the commissions and others).

2. The ministries, departments, committees, managements, the commissions and other regional executive authorities are created according to the regional legislation.

3. Regional executive authorities carry out coordination and regulation of activity in the relevant industries (management spheres) and also allowing, control and supervising functions.

4. Regional executive authorities have rights of legal entities and have the stamp seals.

 

Article 63.

 

1. Regional executive authorities within the competence issue legal acts of substandard character.

2. According to federal laws, regional laws, legal acts of the Government of the Rostov region and (or) regulations on regional executive authorities the regional executive authorities issue regulations.

3. Regulations of regional executive authorities are sent to the Government of the Rostov region immediately, to Legislative Assembly of the Rostov region – within seven days after their edition.

Article 64.

 

1. The regulations of the Governor of the Rostov region, the Government of the Rostov region and regional executive authorities affecting the rights, freedoms and duties of the person and the citizen are subject to official publication.

The specified regulations cannot be applied if they are not published officially for general data.

2. The order of official publication of regulations of the Governor of the Rostov region, the Government of the Rostov region and regional executive authorities is defined by the Governor of the Rostov region according to the regional law.

3. The regulations of the Governor of the Rostov region, the Government of the Rostov region and regional executive authorities affecting the rights, freedoms and duties of the person and the citizen come into force from the date of their official publication if regulations did not establish later term of their entry into force.

4. Other legal acts of the Governor of the Rostov region, the Government of the Rostov region and regional executive authorities come into force from the date of their acceptance if regulations did not establish other order of their entry into force.

 

Article 65.

 

Deputies of Legislative Assembly of the Rostov region and also at the request of Legislative Assembly of the Rostov region or its Chairman workers of the office of Legislative Assembly of the Rostov region have the right to be present at meetings of executive authorities of the Rostov region.

 

Article 66.

 

Financing of the Government of the Rostov region and regional executive authorities is carried out at the expense of the means of the regional budget provided by separate article.

 

Chapter 8. LOCAL GOVERNMENT

 

Article 67.

 

Local government in the Rostov region - the form of implementation by the people of the power providing in the limits set by the Constitution of the Russian Federation, federal laws, and in the cases established by federal laws - regional laws, independent and under the responsibility the decision the population directly and (or) through local governments of questions of local value proceeding from the interests of the population taking into account historical and other local traditions.

 

Article 68.

 

1. Questions of the organization and implementation of local government according to federal and regional laws are regulated by charters of municipal units.

2. Charters of municipal units are subject to the state registration in the order established by the federal law.

 

Article 69.

 

1. In the field of local government treat powers of public authorities of the Rostov region:

1) legal regulation of questions of the organization of local government in the Rostov region in the cases and an order established by the Federal law "About the General Principles of the Organization of Local Government in the Russian Federation";

2) legal regulation of the rights, duties and responsibility of public authorities of the Rostov region and their officials in the field of local government in the cases and an order established by federal laws;

3) legal regulation of the rights, duties and responsibility of local governments and officials of local government on areas of jurisdiction of the Rostov region and also within powers of public authorities of the Rostov region for objects of joint maintaining the Russian Federation and territorial subjects of the Russian Federation;

4) legal regulation of the rights, duties and responsibility of local governments and officials of local government at implementation of separate state powers of the Rostov region which local governments are allocated with regional laws in the order established by the Federal law "About the General Principles of the Organization of Local Government in the Russian Federation".

2. Implementation of executive and control powers by public authorities of the Rostov region concerning municipal units and local governments is allowed only in the cases and an order established by the Constitution of the Russian Federation, federal constitutional laws, the Federal law "About the General Principles of the Organization of Local Government in the Russian Federation", other federal laws and regional laws adopted according to them.

 

Article 70.

 

1. The questions of local value defined according to federal laws are under authority of municipal units.

2. Investment of local governments with separate state powers of the Rostov region is carried out by regional laws with transfer necessary material and funds. Realization of the separate state powers of the Rostov region delegated to local governments is controlled by public authorities of the Rostov region according to federal and regional laws.

 

Article 71.

 

Citizens of the Russian Federation carry out local government by means of participation in local referenda, municipal elections, by means of other forms of direct will and also through electoral and other local governments.

 

Article 72. Became invalid - the Regional law of 05.12.2005 No. 402-ZS.

 

Article 73.

 

1. The economic basis of local government is formed the property which is in municipal property, by means of local budgets and also property rights of municipal units.

 

Article 74.

 

1. Own budget (local budget) has each municipal unit.

2. Drawing up and consideration of the draft of the local budget, a statement and execution of the local budget, control of its execution, drawing up and the approval of the report on execution of the local budget are carried out by local governments independently with observance of the requirements established by the Budget Code of the Russian Federation.

 

Article 75.

 

1. Public authorities of the Rostov region provide the state guarantees of the rights of the population for implementation of local government.

2. Public authorities of the Rostov region have no right to make decisions and to make the actions limiting the rights of the population for implementation of local government.

 

Article 76.

 

Bodies and officials of local government are responsible to the population of the municipal unit, the state, natural and legal entities according to federal laws.

 

Chapter 9. COSSACKS

 

Article 77.

 

The Don Cossacks - historically developed community as a part of the multinational population of the Rostov region having original traditions, culture. Public authorities of the Rostov region and local governments for recovery of historical justice concerning the Cossacks carry out necessary measures for implementation of the federal legislation on the Cossacks, adopt regulations on revival of the Cossacks and provide their performance.

 

Article 78.

The citizens who are carrying themselves to descendants of the Don Cossacks and expressed desire in common to restore and develop the Cossack forms of managing, culture, life and to participate in execution of the public and municipal service, can unite in farm and stanitsa societies, create district, army and other societies, traditional for the Cossacks. In the Cossack societies have the right to enter also the citizens who are not lineal descendants of the Don Cossacks.

 

Article 79.

 

Descendants of the Don Cossacks and other citizens have the right to create the Cossack public associations operating according to the legislation on public associations for revival of culture, traditions of the Cossacks, charity and the solution of other tasks.

 

Article 80.

 

Activities of the Cossack societies and public associations, public authorities and local governments for revival of the Cossacks should not violate the rights and freedoms of the non Cossack population.

 

Chapter 10. ORDER of ADOPTION of the CHARTER of the ROSTOV REGION

AND AMENDING IT

 

Article 81.

 

1. The charter of the Rostov region is accepted by Legislative Assembly of the Rostov region the majority not less than two thirds of voices of the determined number of deputies.

Amendments to the Charter of the Rostov region are made by the regional law adopted by Legislative Assembly of the Rostov region the majority not less than two thirds of voices of the determined number of deputies.

2. Offers on amendments and revision of provisions of the Charter of the Rostov region the Governor of the Rostov region, group of deputies of Legislative Assembly of the Rostov region numbering not less than one can bring a third of the determined number of deputies, the prosecutor of the Rostov region, representative bodies not less than one third of municipal units in the Rostov region and also the Rostov regional court, Arbitration court of the Rostov region, Election commission of the Rostov region concerning their maintaining.

 

Head of administration           Century. Forelock

 

Rostov-on-Don

May 29, 1996

NO. 19-ZS

 

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