Azerbaijan 1995 Constitution (reviewed 2016)

Fourth part. Local self-government

Chapter IX. Municipalities

Article 142. The Organization of Local Government

1. Local government in rural areas and towns, villages and settlements is exercised by municipalities.
2. Municipalities are formed on the basis of elections.
3. The foundation of the status of municipalities is established by the Constitution and the rules of elections to municipalities by law.

Article 143. Organization of the Work of Municipalities

1. The municipalities implement their activity by meetings, permanent and other commissions.
2. Meetings of the municipalities are convened by the Chairperson of the Municipality.

Article 144. The Competence of Municipalities

1. The following matters are settled at the meetings of the municipalities:
   1. the recognition of the authority of municipality members, termination of their authority in cases specified by law;
   2. the approval of regulations;
   3. the election of the Chairman of the Municipality and his or her deputies, permanent and other commissions;
   4. the determination of local taxes and fees;
   5. the approval of the local budget and accounts for their use;
   6. the ownership of the municipal property, charging and using it;
   7. the approval and implementation of local programs of social security and social development;
   8. the approval and implementation of local programs of economic development;
   9. the approval and implementation of local ecological programs.
2. Municipalities can be delegated additional authority by the legislative and the executive power. Municipalities must be allotted necessary financial means for executing this authority. The realization of this authority shall be controlled by the legislative and the executive power.

Article 145. Decisions of Municipalities

1. Decisions on matters are taken at the meetings of municipalities.
2. Decisions of municipalities are made by a simple majority vote of municipality members.
3. Decisions connected with local taxes and payments are made by a majority of two-thirds of votes of the municipality members.

Article 146. Guarantee of the Independence of Municipalities

1. Municipalities are independent to exercise their power; this does not exclude their responsibility before the citizens residing in the territory of the municipality. The regulations and procedure for the selection of the municipality members, the termination of their powers, as well as the regulation for early dissolution of municipalities shall be laid down by law.
2. The independent exercise of their powers by the municipalities may not infringe the sovereignty of the Azerbaijani state.
3. The state oversees the activities of municipalities.
4. Municipalities shall submit reports to the Milli Majlis of the Republic of Azerbaijan in the conditions and in the manner prescribed by law.
5. Municipalities shall enjoy protection in the courts court and receive compensation for additional expenses caused by decisions of State bodies.

Article 146-1. Responsibility of municipalities

The municipalities and municipal servants are responsible for damage caused to human rights and freedoms in the result of the offences or inactivity by municipal servants and their non-provision.