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Kohaliku omavalitsuse korralduse seadus

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Kohaliku omavalitsuse korralduse seadus

    Kohaliku omavalitsuse korralduse seadus (terviktekst mai 2005)

    Local Government Organisation Act

    Passed 2 June 1993

    1 1(RT I 1993, 37, 558; consolidated text RT I 1999, 82, 755),

    entered into force 28 June 1993,

    amended by the following Acts:

    12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230; 15.12.2004 entered into force 01.06.2005 - RT I 2004, 89, 610; 10.11.2004 entered into force 10.12.2004 - RT I 2004, 81, 542; 28.06.2004 entered into force 25.07.2004 - RT I 2004, 56, 399; 22.04.2004 entered into force 16.05.2004 - RT I 2004, 41, 277; 17.12.2003 entered into force 01.01.2004 - RT I 2003, 88, 588; 11.02.2003 entered into force 01.01.2004 - RT I 2003, 23, 141; 18.12.2002 entered into force 23.01.2003 - RT I 2003, 4, 22; 17.12.2002 entered into force 16.01.2003 - RT I 2003, 1, 1; 13.11.2002 entered into force 01.01.2003 - RT I 2002, 99, 579; 06.11.2002 entered into force 01.01.2003 - RT I 2002, 96, 565; 18.09.2002 entered into force 24.10.2002 - RT I 2002, 82, 480; 20.06.2002 entered into force 20.07.2002 - RT I 2002, 64, 393; 19.06.2002 entered into force 29.07.2002 - RT I 2002, 64, 390; 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387; 19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375; 19.06.2002 entered into force 20.07.2002 - RT I 2002, 58, 362; 05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336; 22.05.2002 entered into force 01.09.2002 - RT I 2002, 50, 313; 27.03.2002 entered into force 21.10.2002 - RT I 2002, 36, 220; 13.03.2002 entered into force 01.07.2002 - RT I 2002, 29, 174; 04.12.2001 entered into force 21.10.2002 - RT I 2001, 100, 642; 27.09.2001 entered into force 01.01.2002 - RT I 2001, 82, 489; 13.06.2000 entered into force 10.07.2000 - RT I 2000, 51, 322.

Chapter 1

    General Provisions

? 1. Scope of application of Act

    ? Tõlge inglise keelde. Eesti Õiguskeele Keskus 2005 ? Translation into English. Estonian Legal Language Centre 2005

    Kohaliku omavalitsuse korralduse seadus (terviktekst mai 2005)

    (19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

    (1) The Local Government Organisation Act determines the functions,

    2 responsibility and organisation of local government and the relations of local governments with one another and with state bodies.

    (19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

    1(1) The specifications of local government organisation on permanently inhabited

    small islands are provided for in the Permanently Inhabited Small Islands Act. (11.02.2003 entered into force 01.01.2004 - RT I 2003, 23, 141)

    (2) The provisions of the Administrative Procedure Act (RT I 2001, 58, 354) apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.

    (19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

? 2. Definition of local government

    (1) Local government is the right, authority and duty of the democratically formed bodies of power of a local government provided for in the Constitution, a rural municipality or city, to independently organise and manage local issues pursuant to law and based on the legitimate needs and interests of the residents of the rural municipality or city, and considering the specific development of the rural municipality or city.

    (2) Local government is:

    1) based on the division of the territory of the state into administrative units; 2) exercised by democratically formed legislative and executive bodies and, with regard to local issues, by means of opinion polls or public initiative. (30.09.1999 entered into force 15.10.1999 - RT I 1999, 75, 705)

? 3. Principles of local government

    Local government is based on the following principles:

    1) the independent and final resolution of local issues, and organisation thereof; 2) mandatory guarantee of everyone’s lawful rights and freedoms in the rural

    municipality or city;

    3) observance of law in the performance of functions and duties;

    4) the right of the residents of a rural municipality or city to participate in the exercise of local government;

    ? Tõlge inglise keelde. Eesti Õiguskeele Keskus 2005 ? Translation into English. Estonian Legal Language Centre 2005

    Kohaliku omavalitsuse korralduse seadus (terviktekst mai 2005)

    5) responsibility for the performance of functions;

    6) transparency of activities;

    3 7) provision of public services under the most favourable terms.

? 4. Local government bodies

    Local government bodies are:

    1) the council the legislative body of a local government elected by the

    residents of the rural municipality or city with the right to vote pursuant to the Local Government Council Election Act;

    2) the government the executive body formed by the council.

    ? 5. Rural municipality or city budget and right to impose taxes and duties (1) Rural municipalities and cities have independent budgets pursuant to this Act and legislation concerning budgets and taxation.

    (2) Councils have the right to impose taxes and duties pursuant to law.

? 6. Functions and competence of local governments

    (1) The functions of a local government include the organisation, in the rural municipality or city, of social assistance and services, welfare services for the elderly, youth work, housing and utilities, the supply of water and sewerage, the provision of public services and amenities, waste management, physical planning, public transportation within the rural municipality or city, and the maintenance of rural municipality roads and city streets unless such functions are assigned by law to other persons.

    (22.04.2004 entered into force 16.05.2004 - RT I 2004, 41, 277)

    (2) The functions of a local government include the organisation, in the rural municipality or city, of the maintenance of pre-school child care institutions, basic schools, secondary schools, hobby schools, libraries, community centres, museums, sports facilities, shelters, care homes, health care institutions and other local agencies if such agencies are in the ownership of the local government. Payment of specified expenses of such agencies from the state budget or other sources may be prescribed by law.

    (09.02.1994 entered into force 11.03.1994 - RT I 1994, 12, 200)

    ? Tõlge inglise keelde. Eesti Õiguskeele Keskus 2005 ? Translation into English. Estonian Legal Language Centre 2005

    Kohaliku omavalitsuse korralduse seadus (terviktekst mai 2005)

    (3) In addition to the functions provided for in subsections (1) and (2) of this section, local governments resolve and organise local issues:

    4 1) which are assigned to them by other Acts;

    2) which are not assigned by law to other persons for resolution and organisation. (4) Local governments fulfil state functions:

    1) which are assigned to them by law;

    2) which arise from a contract between an authorised state body and a specific council.

    (5) Expenses incurred in the performance of functions assigned to a local government pursuant to clause (4) 1) of this section shall be covered from the state budget.

? 7. Council and government legislation

    (1) Councils and governments have the right to issue regulations as legislation of general application.

    (2) Councils have the right to pass resolutions and governments have the right to pass orders as legislation of specific application.

    (3) Legislation passed by a council or government is valid in the administrative territory of the local government.

    (4) The rules of legislative drafting established by the Government of the Republic regarding draft Regulations of the Government of the Republic and draft Regulations of a minister apply to the draft regulations of councils and governments with the specifications arising from the legal status of local governments. The specific procedure for the implementation of rules of legislative drafting may be established by the council.

    (12.05.2005 entered into force 01.01.2006 - RT I 2005, 31, 230)

? 8. Statutes of rural municipality or city

    (1) The statutes of a rural municipality or city provide:

    1) the procedure for the election of the chairman and deputy chairman or deputy chairmen of the council, the procedure for the formation, rights and duties of the council committees and the procedure for the election of the chairmen and deputy chairmen of the council committees;

    ? Tõlge inglise keelde. Eesti Õiguskeele Keskus 2005 ? Translation into English. Estonian Legal Language Centre 2005

    Kohaliku omavalitsuse korralduse seadus (terviktekst mai 2005)

    2) the procedure for formation of the government, the procedure for the formation of the rural municipality or city mayor, the competence of the government;

    5 3) the insignia of the rural municipality or city and the use thereof; 4) the procedure for the formation of the administrative agencies in the rural municipality or city;

    5) the procedure for the preparation, passage and amendment of the rural municipality or city budget and for the review, approval and disclosure of the report on the implementation of budget;

    6) the specific procedure for the passage, disclosure and entry into force of rural municipality or city legislation.

    (2) The statutes of a rural municipality or a city shall be established by a regulation of the council and, in addition to the provisions of subsection (1) of this section, it may contain other provisions regulating the activities of the rural municipality or city.

    (12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230)

    ? 9. (Repealed - 12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230)

    ? 10. Rural municipalities and cities as legal persons in public law (1) Rural municipalities and cities are legal persons in public law, which are represented by the council, the chairman of the council, the rural municipality or city government and the rural municipality or city mayor or representatives authorised thereby, within the limits of their competence, on the basis of Acts, the statutes of the local government and pursuant to the established procedure.

    (2) Rural municipalities and cities as legal persons in public law have independent budgets, bank accounts and insignia.

    (12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230)

    ? 11. (Repealed - 23.11.94 entered into force 12.12.94 - RT I 1994, 84, 1475)

    ? 12. Right of local governments to form associations and joint agencies Local governments have the right to form associations and joint agencies with other local governments on the bases of and pursuant to the procedure provided for in legislation.

    ? Tõlge inglise keelde. Eesti Õiguskeele Keskus 2005 ? Translation into English. Estonian Legal Language Centre 2005

    Kohaliku omavalitsuse korralduse seadus (terviktekst mai 2005)

? 13. International cooperation of local governments

    6 (1) Councils, governments and administrative agencies have the right, within their competence, to cooperate with all other local governments outside of Estonia and enter into contracts with them. Administrative agencies shall inform the council of such cooperation.

    (2) Local governments have the right to become members of international organisations and to co-operate with such organisations.

    (3) In relations with international organisations, a local government is represented by the council or representatives appointed by the council.

    (4) Contracts which are to be entered into are subject to prior review and approval by the council if performance of the contracts involve expenses from the local government budget or other proprietary obligations are assumed.

    (12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230)

    ? 14. Flags, coats of arms, badges of honour, medals of office, honorary titles and other insignia of local governments

    (1) A local government may have its own flag, coat of arms, badges of honour, medals of office, honorary titles and other insignia.

    (2) Before the approval of the flag or the coat of arms of a local government, the sketch of the flag or the coat of arms shall be submitted to the State Chancellery for an opinion.

    (3) The flag or coat of arms of a local government shall not be confusingly similar to the flag or coat of arms of another local government or the flag or coat of arms of another person which is historical or in use. The flag or coat of arms of a local government shall comply with the requirements for heraldry.

    (4) The coat of arms of a local government may be used on the document forms and seals of local government bodies and agencies and in other places pursuant to the procedure for the use of the insignia of the rural municipality or city. (5) The dimensions of a flag of a local government shall not exceed the dimensions of the national flag.

    (12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230)

    ? Tõlge inglise keelde. Eesti Õiguskeele Keskus 2005 ? Translation into English. Estonian Legal Language Centre 2005

    Kohaliku omavalitsuse korralduse seadus (terviktekst mai 2005)

? 15. Protection of rights of local governments

    7 (1) A local government shall not be liquidated and its boundaries or name shall not be altered without hearing the opinion of the council of the rural municipality or city.

    (2) A council has the right to organise opinion polls concerning essential issues among the residents of the territory of the local government.

    (3) Local governments have the right of recourse to the courts for the protection of their lawful rights and for the resolution of disputes.

Chapter 2

    Council

? 16. Formation of council

    (1) Councils are elected by general, uniform and direct elections by secret ballot for a term of four years pursuant to the Local Government Council Election Act. Voting is secret.

    (12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230)

    (2) (Repealed - 12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230) (3) (Repealed - 12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230) 1(3) (Repealed - 12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230) (4) The authority of the new membership of a council and of its members commences, and the authority of the previous membership of the council and of its members terminates, as of the date the election results are announced.

? 17. Council member

    (1) A council member is a person who is elected in accordance with the Local Government Council Election Act (RT I 1996, 37, 739; RT I 1999, 60, 618; 2001, 95, 588).

    (2) Council members shall operate pursuant to law, rural municipality or city legislation and the needs and interests of the residents of the rural municipality or city. (3) A council has the right to pay remuneration to its members for the participation in the work of the council and compensation for expenses incurred in the ? Tõlge inglise keelde. Eesti Õiguskeele Keskus 2005 ? Translation into English. Estonian Legal Language Centre 2005

    Kohaliku omavalitsuse korralduse seadus (terviktekst mai 2005)

    performance of tasks assigned to them by the council on the basis of the submitted documents pursuant to the rates and procedure established by the council.

    8 (12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230)

    (4) The position of chairman of the council and deputy chairman may be remunerative based on a resolution of the council.

    (5) A council member shall not participate in the debate and resolution of legislation of specific application with regard to which he or she has a conflict of interest pursuant to subsection 25 (1) of the Anti-corruption Act (RT I 1999, 16, 276; 87, 791; 2000, 25, 145; 2001, 58, 357).

    (6) In the case provided for in subsection (5) of this section, a council member is required to make a statement concerning his or her non-participation in the discussion of such item prior to the commencement of the debate of the items on the order of business. A corresponding notation is documented in the minutes of the council session. The quorum necessary for the debate and resolution of items shall be decreased by such council member.

    (7) A council member is required to submit a declaration of economic interests pursuant to the procedure provided for in the Anti-corruption Act.

    (30.09.1999 entered into force 15.10.1999 - RT I 1999, 75, 705)

? 18. Premature termination of authority of council member

    (1) The authority of a council member terminates prematurely:

    1) if the council is unable to act;

    (27.09.2001 entered into force 21.10.2002 - RT I 2001, 82, 489)

    2) due to the resignation of the council member;

    (27.09.2001 entered into force 21.10.2002 - RT I 2001, 82, 489)

    3) due to the change in the permanent residence of the person if the permanent residence is not located in the rural municipality or city according to the data in the Estonian population register;

    (27.09.2001 entered into force 21.10.2002 - RT I 2001, 82, 489)

    4) upon loss of Estonian citizenship;

    (27.09.2001 entered into force 21.10.2002 - RT I 2001, 82, 489)

    5) due to the election of the council member to the office of the President of the Republic or as Member of the European Parliament, the appointment of the council ? Tõlge inglise keelde. Eesti Õiguskeele Keskus 2005 ? Translation into English. Estonian Legal Language Centre 2005

    Kohaliku omavalitsuse korralduse seadus (terviktekst mai 2005)

    member as the State Secretary, the Auditor General, the Chancellor of Justice, a county governor, judge or prosecutor;

    9 (18.12.2002 entered into force 23.01.2003 - RT I 2003, 4, 22; 12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230)

    6) due to appointment as an official of the same rural municipality or city local government;

    (27.09.2001 entered into force 21.10.2002 - RT I 2001, 82, 489)

    7) due to the entry of the council member into active service in the Defence Forces or service equal thereto, except participation in training exercises; (27.03.2002 entered into force 21.10.2002 - RT I 2002, 36, 220)

    8) due to entry into force of a conviction by a court for an intentional criminal offence or in connection with a court judgment which has entered into force and which annuls a resolution of the rural municipality or city election committee concerning the registration of the council member due to his or her failure to comply with the requirements provided for in the Local Government Council Election Act if commencement of proceedings regarding an appeal in cassation submitted to the Supreme Court was refused or the Supreme Court has reviewed the appeal and dismissed it;

    (27.09.2001 entered into force 21.10.2002 - RT I 2001, 82, 489; 22.05.2002 entered into force 01.09.2002 - RT I 2002, 50, 313)

    9) due to divestment of active legal capacity with regard to the right to vote; (12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230)

    10) due to the death of the council member.

    (27.09.2001 entered into force 21.10.2002 - RT I 2001, 82, 489)

    (2) In the case provided for in clause (1) 2) of this section, a member of a council shall submit a corresponding application to the rural municipality or city secretary. (27.09.2001 entered into force 21.10.2002 - RT I 2001, 82, 489)

    (3) A rural municipality or city secretary shall send to the rural municipality or city election committee:

    1) a corresponding notice within three working days after the circumstances provided for in clauses (1) 1), 3), 4), 5), 6), 7) and 10) of this section become known; 2) in the cases provided for in clauses (1) 8) and 9) of this section, the corresponding court judgment within three working days after the receipt thereof; ? Tõlge inglise keelde. Eesti Õiguskeele Keskus 2005 ? Translation into English. Estonian Legal Language Centre 2005

    Kohaliku omavalitsuse korralduse seadus (terviktekst mai 2005)

    3) in the case provided for in subsection (2) of this section, the corresponding application within three working days after the receipt thereof.

    10 (27.09.2001 entered into force 21.10.2002 - RT I 2001, 82, 489)

? 19. Suspension of authority of council member

    (1) The suspension of the authority of a council member means the temporary release of the council member from the performance of the functions of a council member.

    (2) The authority of a council member is suspended:

    1) if the council member has been appointed as the rural municipality or city mayor, been approved as a member of the rural municipality or city government or appointed to a remunerative position of a member of the government in the same rural municipality or city;

    (27.09.2001 entered into force 21.10.2002 - RT I 2001, 82, 489)

    11) for the duration of his or her authority as a member of the Government of the Republic until termination of his or her authority as a member of the Government of the Republic;

    (12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230)

    2) due to the imposition of preventive custody on the council member for more than three months;

    (27.09.2001 entered into force 21.10.2002 - RT I 2001, 82, 489)

    3) on the basis of his or her application within the term indicated therein, which shall not be shorter than three months;

    (27.09.2001 entered into force 21.10.2002 - RT I 2001, 82, 489)

    4) if he or she has been absent from council sessions during three consecutive months, taking no account of the months when the council sessions were not held. (12.05.2005 entered into force 17.10.2005 - RT I 2005, 31, 230)

    (3) The restriction provided for in clause (2) 1) of this section does not apply to rural municipality or city mayors elected by the previous membership and government members approved or appointed by the previous membership who are elected to the new membership of the council who continue their activity until the council confirms the membership of the new government.

    (4) A rural municipality or city secretary shall send to the rural municipality or city election committee:

    ? Tõlge inglise keelde. Eesti Õiguskeele Keskus 2005 ? Translation into English. Estonian Legal Language Centre 2005

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