GOLD Report I - UCLG

99The constitutions of several states proclaimguarantees for the integrity of theboundaries of local territories; in particulara local referendum is required to changethe boundaries of municipal units (Armenia).Although virtually all constitutionshave detailed norms providing for thedevelopment of local self-government, inpractice they have been implemented atdifferent degrees.Stages of developmentLocal self-government in the states ofEurasia has achieved different stages ofdevelopment. In several states it is functioningas an independent institution, inothers as a structure combined with, orsubordinated to state power. Again, thecountries fall into three groups.In the first group of countries, includingRussia, Armenia and Azerbaijan, local selfgovernmentis independent: it is separatefrom the system of state-level governmentbodies; local representative bodies independentlydecide local issues.In Russia the system of local self-governmentwas launched in 1991 by the law “OnLocal Self-government in the RSFSR.”Later the Constitution of the Russian Federationof 1993 guaranteed local selfgovernmentby providing that localself-government bodies shall be separatedfrom the system of state power (article12). In 1995 the federal law “On GeneralPrinciples of Organization of Local Self-Government” was enacted. It proclaimeddemocratic fundamentals of local selfgovernment,though they have not beenfully implemented. Therefore in 2003 anew law was enacted “On General Principlesof Organization of Local Self-Government”(Federal Law No. 131), whichenlarged, in accordance with the requirementsof the European Charter of LocalSelf-Government, the functions of municipalentities, and transferred some functionsfrom member states to federal statebodies.In Armenia, the present system of local selfgovernmentwas formed on the basis of theConstitution of 1995. Between 1995 and1997 the Parliament enacted laws “On Electionsof Organs of Local Self-government,”“On Local Self-Government,” “TransitionalProvisions for Regulating Relationships ofOrgans of Local Self-Government,” “Organsof Territorial Government” and some otheracts. This was the period of formation of thelegal and institutional basis of the systemsof state territorial government and localself-government. Local self-governmentwas defined as the right and ability of communitiesto decide upon and take responsibilityfor local issues deemed to be in theinterests of local populations.In Azerbaijan the Constitution of 1995 containeda separate section devoted to localself-government. The constitutional requirementswere implemented in 1999 in thelaws “On the Status of Municipalities” and“On Elections to Municipalities,” which laiddown the basis of the system of local selfgovernmentin the republic. Later about 20other laws were enacted, including “OnTransfer of Property to Municipal Property,”“On Municipal Service,” “On the Status ofMembers of Municipalities,” “On Fundamentalsof Municipal Finances,” “On Managementof Municipal Lands” and “OnAdministrative Supervision Over Activitiesof Municipalities.” All of these laws reinforcedthe organizational, legal and economicbasis of local self-government.In the second group of states –Georgia,Kyrgyz Republic, Moldova and Ukraine– theprocess of the formation of local selfgovernmentis still in progress.The Constitution of Georgia of 1995 proclaimedthe general principle that localissues have to be the responsibility of localself-governments, subject to an obligationto respect the sovereignty of the state. Theprocedure of formation and the powers oflocal self-governments and their relationshipswith state entities were regulated bythe “Organic Law” of 1997. During theThe constitutionsof several statesproclaimguarantees for theintegrity of theboundaries of localterritories; inparticular a localreferendum isrequired to changethe boundaries ofmunicipal units(Armenia)