The Moscow City Government

The Moscow City Executive authorities >> Legal acts regulating the activity of the Moscow City Government >> The Moscow City laws >> The Moscow Statute

June 28, 1995

The Law of Moscow

The Moscow Statute

(changed by the Laws of Moscow dd. 13.07.2001 N32, dd. 06.11.2002 N54, dd. 19.03.2003 N17, dd. 22.10.2003 N61, dd. 14.07.2004 N 51, dd. 15.02.2006 N11, with the changes introduced by the Higher Court of the Russian Federation dd. 27.11.2001 N 5-г-01-149)

The Moscow City Duma:

·		Acting on the basis and in pursuance of the Constitution of the Russian Federation;
·		Expressing will and interests of the Moscow City residents;
·		Respecting civil rights and freedoms, promoting social stability and establishing ethnic peace and understanding;
·		Striving for regeneration, preservation and further development of the spiritual, cultural and international traditions of the city;
·		Paying tribute to the military and labor deeds of the residents of Moscow, whose heroism, courage and firmness during the Great Patriotic War are marked by the honorary title “Hero City” awarded to Moscow;
·		Seeking better organized city life in compliance with the democratic principles;
·		Trying to achieve more effective functioning of the administrative bodies, ensuring lawfulness of the actions of all administrative bodies and officials;
·		Taking into account the status of the City of Moscow as a subject of the Russian Federation, i.e. a federal city and the Russian capital,

adopts this Statute – the basic law of the City of Moscow.

Chapter 1. GENERAL PROVISIONS

Article 1. The City of Moscow

1. Moscow is a subject of the Russian Federation, i.e. a federal city and the Russian capital.

2. The status of Moscow as a subject of the Russian Federation, i.e. a federal city, is determined by the Russian Constitution and the present Statute of the City of Moscow.

3. The status of Moscow as the Russian capital is defined by the Russian Constitution and the Russian Law “On the Status of the Capital of the Russian Federation”.

4. Moscow has a territory, population, governmental authorities, and legislation.

5. The local self-government is provided for the Moscow territory in compliance with the Russian Constitution, Federal Law, and Moscow Laws.

Article 2. Territory of the City of Moscow

1. The territory of Moscow makes an integral part of the Russian Federation.

2. Modifications to the Moscow borders are made in compliance with the Russian Constitution.

Article 3. Population of the City of Moscow

1. Residents of Moscow (Muscovites) are Russian citizens who have a place of residence in Moscow independently from the period of residence, place of birth, and nationality. As a whole, Moscow residents compose an urban community.

2. Moscow residents, foreign citizens and stateless persons who constantly or temporarily reside in Moscow constitute the population of Moscow.

3. Foreign citizens and stateless persons within the Moscow territory enjoy rights and incur obligations on a par with the citizens of the Russian Federation excluding cases determined by the Federal Law and International Treaty of the Russian Federation.

4. In Moscow human rights and liberties are acknowledges and guaranteed under the generally recognized principles and rules of international law in compliance with the Russian Constitution and Legislation.

Article 4. Sovereignty in the City of Moscow

1. The source of authority in Moscow is residents of Moscow who have electoral right in compliance with the legislation. They exercise their power directly or through the Moscow governmental authorities and local self-governmental organs.

2. The supreme direct manifestation of power of Moscow residents is the referendum of Moscow and free election.

3. No one can arrogate the power in Moscow. The seizure of power, appropriation of power authorization, establishment of governmental authorities of Moscow and local self-governmental organs which are not provided by the Russian Constitution and the present Statute of the City of Moscow, are prosecuted under law.

Article 5. Bodies of State Power in the City of Moscow

1. The supreme and exclusive legislative (representative) body of the state power in Moscow is the Moscow City Duma.

Definition by the Judicial Division for Civil Cases of the Russian Supreme Court dd. 23.04.2002 N 5-Г02-46 Resolution of the Moscow City Court dd. 19.03.2002 N 3-126/2002 remains without changes.

On the refusal to satisfy the claim ref. the incompliance with the Federal Legislation of item 2 (see the resolution passed by the Moscow City Court dd. 19.03.2002 N 3-126/2002).

2. The supreme executive officer of Moscow chairing the supreme executive body of state power of Moscow, is the Mayor of Moscow.

3. The supreme executive body of state power of Moscow is the Government of Moscow.

Definition by the Judicial Division for Civil Cases of the Russian Supreme Court dd. 23.04.2002 N 5-Г02-46 Resolution of the Moscow City Court dd. 19.03.2002 N 3-126/2002 remains without changes.

On the refusal ref. the admission as incompliant with the federal legislation of Paragraph 4 in the part determining that the state executive bodies of Moscow are territorial bodies of the executive power (see resolution passed by the Moscow City Court dd. 19.03.2002 N 3-126/2002).

4. The state executive bodies of Moscow (bodies of the executive power of Moscow) are the Moscow Government, field, functional and territorial bodies of executive power.

5. Bodies of judicial power in Moscow are Statutory Court of Moscow and Justice of Peace.

Article 6. Local Self-Government in Moscow

1. Local self-government in Moscow is the activity of local community recognized and guaranteed by the Russian Constitution, Statute of the City of Moscow, independent and on own responsibility, that refers to the solution of local issues directly or through local self-government authorities, which is executed within the federal legislation, Statute of the City of Moscow, laws of Moscow, and statutes of municipal formations.

2. Local self-government is executed on the areas of intraurban municipal formations in Moscow (hereinafter “The municipal formations”) by way of arranging local referendums, elections, meetings and conferences, showing civic initiative, through the bodies of local self-government and other forms of local self-government created while forming social-economic, financial and organizational conditions.

3. Bodies of local self-government act in compliance with the Russian Constitution, federal laws, Statute of the City of Moscow, laws of the City of Moscow, and statutes of the municipal formations.

4. Residents of the intra-urban municipal formation constitute the local community.

5. The city elective agencies of the local self-government in Moscow are not established.

Article 7. Main Principles for Arranging and Executing the State Power and Local Self-Government in Moscow

1. The state power and local self-government are executed based on the legislation. The main purpose of the power execution is the provision of rights and liberties of an individual and a citizen, as well as economic, social, and cultural development of Moscow in behalf of the Moscow population.

2. The bodies of state power in the City of Moscow, bodies of local self-government, and their officials act based on the differentiation of competences, functions, and powers.

3. The bodies of local self-government are not included into the system of state power bodies of Moscow.

4. The bodies of state power of Moscow and bodies of local self-government are required for executing their powers by material and financial resources.

5. Within their powers the bodies of state power of Moscow and bodies of local self-government all alone make decisions and bear responsibility for these decisions.

6. The execution of local self-government must not violate the unity of the city economy and the integrity of the development of Moscow.

Article 8. Emblem, Flag, and Hymn of the City of Moscow

1. The City of Moscow has an emblem, flag, and hymn.

2. The description of the emblem, flag, and hymn of the City of Moscow, the order of their official use are determined by the laws of the City of Moscow.

Article 9. Legal Acts of the City of Moscow

1. Legal acts of the City of Moscow are:

- Statute of the City of Moscow and other laws of Moscow;

- Judgments of the Statutory Court of Moscow;

- Resolutions of the Moscow City Duma;

- Acts of the Mayor of Moscow;

- Acts of the Moscow Government;

- Acts of the bodies and officials of the Moscow executive power in the occasions established by law.

2. As a whole, legal acts of Moscow constitute the system of legal acts of Moscow.

3. Treaties between the bodies of state power of the Russian Federation and bodies of state power of Moscow and agreements between bodies of executive power of the Russian Federation and bodies of the executive power of Moscow are constituent parts of the system of legal acts of the City of Moscow.

4. In total, the laws of Moscow constitute the legislation of the City of Moscow.

5. Legal acts of the city of Moscow concerning rights and obligations of an individual and a citizen cannot be applied if they are not officially given for public notice.

6. The laws of the City of Moscow, resolutions of the Moscow City Duma, decrees of the Moscow Mayor, and resolutions of the Moscow Government having normative nature shall be published in the official editions of the Moscow City Duma and bodies of the executive power of Moscow.

7. In the event of conflict between the law of the City of Moscow and other legal acts of the City of Moscow, the law of the City of Moscow shall prevail.

Article 10. The Statute of the City of Moscow

In compliance with the Constitution of the Russian Federation and Federal Legislation, the Statute of the City of Moscow (hereinafter “the Statute”) defines powers of the City of Moscow, territorial system of the City of Moscow, status of the bodies of state power of Moscow, including procedure of their formation, interaction, powers and responsibility, and legal and financial-and-economic basis for their activity, organization of the local self-government in Moscow, and forms of the direct expression of will of Moscow residents and their participation in the activity of the bodies of state power of Moscow and bodies of the local self-government.

(Part 1, Law of the City of Moscow dd. 15.02.2006 N 11)

2. The Statute has direct action and is applied all over the City of Moscow.

3. The Statute is the main Law of the City of Moscow and has a supreme legal force with regard to other Moscow laws, legal acts of the bodies of the state power of Moscow, bodies of the local self-government, and their officials. In the event of conflict between the abovesaid acts and the Statute, the Statute shall prevail.

Chapter 2. POWERS OF THE CITY OF MOSCOW

(Law of Moscow dd. 15.02.2006 N 11)

Article 11. Rights of the City of Moscow for Executing the State Power

In compliance with the Constitution of the Russian Federation, the City of Moscow has the full state authority beyond the competence of the Russian Federation and powers of the Russian Federation on the issues of joint competence of the Russian Federation and the City of Moscow.

Article 12. Authority of the City of Moscow on the Subjects of Joint Competence of the Russian Federation and the City of Moscow

1. On the issues of joint competence of the Russian Federation and subjects of the Russian Federation, the City of Moscow has the rights to pass laws and other legal acts of the City of Moscow in accordance with the Federal Laws.

2. Laws and other legal acts of the City of Moscow cannot contradict the Federal Laws adopted on the issues of the competence of the Russian Federation and on the issues of joint competence of the Russian Federation and the City of Moscow. In the event of conflict between the law of the City of Moscow or other legal act of the City of Moscow and the Federal Law adopted on the issue of joint competence of the Russian Federation and the City of Moscow, the Federal Law shall prevail.

3. Before passing Federal Laws on the issues referred to the joint competence, the City of Moscow has the right to exercise their own legal regulation on such issues. After passing the respective Federal Law, the laws and other legal acts of the City of Moscow shall be adjusted in accordance with the adopted Federal Law.

Article 13. Powers of the City of Moscow

(Law of Moscow dd. 15.02.2006 N 11)

1. The powers of Moscow on the issues of competence of the subjects of the Russian Federation and on the issues of the joint competence of the Russian Federation and subjects of the Russian Federation include:

1) Adoption of the Statute of the City of Moscow, laws and other legal acts of the City of Moscow; compliance monitoring;

2) Determination of the territorial system of the City of Moscow;

3) Arrangement of the system of state power bodies;

4) Regulation of the local self-government arrangement in compliance with the Federal Legislation;

5) Management and disposition of property of the City of Moscow;

6) Regulation of the budgetary process and budgetary system of Moscow; determination of taxes and dues;

7) Provision of the social-and-economic development of the City of Moscow;

8) Protection of public order and security assurance for the citizens;

9) Regulation of the urban planning activity; solution of questions referring architecture, construction, renovation, artistic decoration of Moscow; installation of the outdoor advertisements; determination of the order for erecting works of monumental-decorative art in Moscow;

10) Solution of city issues on nature management; environmental protection and provision of ecological security; land improvement; protection of historical and cultural monuments;

11) Solution of city issues on nurturing, health care, education, social security, employment, science, culture, physical training, and sport;

12) Possession, use and disposition of land, subsurface resources, water and other natural resources;

13) Development of the city infrastructure and provision of the unity of city economy;

14) Execution of the interregional, international, and foreign economic relations;

15) Organization of the state civil service of Moscow and participation in the municipal service regulation in Moscow;

16) Establishment of rewards and honorary degrees of Moscow;

17) Solution of other questions which are not referred by the Russian Constitution to the competence of the Russian Federation and to the powers of the Russian Federation on the issues of joint competence of the Russian Federation and subjects of the Russian Federation.

2. In case if the law of Moscow regulating relations on the issue of competence of Moscow is absent, this regulation may be provided under the Act of the Mayor of Moscow which shall be recognized as vitiated or shall be subject to amendments after adopting the relevant law of Moscow.

Chapter 3. TERRITORIAL DIVISION OF THE CITY OF MOSCOW

Article 14. Legal Foundation for the Territorial Division of Moscow

The territorial division of Moscow is provided based on the present Statute and legal acts of Moscow.

Article 15. Territorial Entities of Moscow

(Law of Moscow dd. 06.11.2002 N 54)

1. Territorial entities of Moscow are districts and administrative divisions having name and borders determined by the legal acts of Moscow.

2. Legal status of the territorial entities of Moscow is regulated by the present Statute and other legal acts of Moscow.

Article 16. Districts of Moscow

1. Moscow districts are established with account of historical, geographical, town-planning peculiarities of the relevant areas, population size, social-and-economic features, and location of the transportation services, engineering infrastructure, and other specifics of the territory.

(Part 1, Law of Moscow dd. 06.11.2002 N 54)

2. Establishment, reformation and abrogation of districts, allocation of names to them, determination and alteration of their borders are provided by the Moscow City Duma on presentation of the Mayor of Moscow.

Article 17. Administrative Divisions of Moscow

1. Administrative divisions are territorial entities of Moscow created for the administrative management over the relevant areas.

2. Establishment, reformation and abrogation of administrative divisions, allocation of names to them, determination and alteration of their borders are provided by the Mayor of Moscow.

3. Administrative division includes a few Moscow districts. The borders of the administrative division cannot pass through the borders of districts.

Article 18. Excluded. – Law of Moscow dd. 06.11.2002 N 54.

Article 19. Registration of the Territorial Entities of Moscow

The Moscow Government registers Moscow territorial entities, alterations to the territorial division of the city, informs the population of Moscow about territorial division of Moscow and any alterations.

Chapter 4. PROPERTY RELATIONS AND LAND-PROPERTY RELATIONS

Article 20. Property of Moscow

1. Moscow owns budgetary funds of the city, property of city state entities and institutions, shares and stakes of Moscow in economic societies, and other objects of civil rights, including land and natural resources within the Moscow borders which in compliance with the law are not in the private ownership or in the ownership of municipal formations, or in the ownership of the Russian Federation, or other legally-determined proprietors.

2. In compliance with the Federal Legislation, Moscow may have the property beyond the borders of the Moscow area.

3. On behalf of the City of Moscow the proprietor’s authority is executed by the bodies of state power of Moscow within their competence determined by the present Statute and other legal acts defining the status of these bodies. In the events and in order provided by the legislation, under special instructions on behalf of Moscow they may be represented by the state agencies, bodies of local self-government, as well as juridical persons and citizens.

4. The property, which is in the ownership of Moscow and is not assigned to the state entities or institutions, as well as the Moscow budgetary funds constitute the treasury of the City of Moscow.

Article 21. Objects of Moscow Property not for Alienation

The following objects located within the Moscow area are not permitted to be alienated:

1) Common-use lands, i.e. lands of transportation routs, streets, squares, passages, roads, embankments, parks, city forests, miniparks, gardens, avenues, and basins in compliance with the list defined by the Law of Moscow, passed by the Moscow City Duma on presentation of the Mayor of Moscow;

2) Lands of specially protected natural areas;

3) Historical and cultural monuments, other objects of historical-and-cultural purpose in compliance with the list defined by the Law of Moscow, adopted by the Moscow City Duma on presentation of the Mayor of Moscow;

4) Health-purpose objects in compliance with the list defined by the Law of Moscow, adopted by the Moscow City Duma on presentation of the Mayor of Moscow;

5) Objects given as gifts to Moscow, built or created on the funds raised by the citizens.

Article 22. Property of Municipal Formations in Moscow

1. Municipal formations own budgetary funds of municipal formations, property, other objects of civil rights acquired for the reasons and in the order defined by the Federal Legislation and laws of Moscow.

(Part 1, Law of Moscow dd. 15.02.2006 N 11)

2. The order and conditions for the transfer by Moscow of lands, other objects of real-estate and other property to the ownership of municipal formations are determined under the law of Moscow adopted by the Moscow City Duma on presentation of the Mayor of Moscow.

3. Concerning the property of municipal formations, the authority of the proprietor is executed by the bodies of local self-government in compliance with the Federal Legislation and respective regulatory legal acts of the local self-government.

(Part 3, Law of Moscow dd. 15.02.2006 N 11)

Article 23. Differentiation of Property in the Moscow Area

1. Differentiation of the state property into the federal property and Moscow property belongs to the joint jurisdiction of the Russian Federation and the City of Moscow. The assignment of state property to the property of Moscow is provided in compliance with the Federal Legislation and Agreement between the Russian Federation and the City of Moscow. The list of property objects of the Russian Federation located in the Moscow area is composed and modified jointly by the Russian Government and Moscow Government under the Law of the Russian Federation “On the Status of the Capital of the Russian Federation”, other Federal Laws, and Russian regulatory legal acts.

2. The City of Moscow and the Russian Federation may have joint state property.

3. Disputes concerning the differentiation of the state property of Moscow and the Russian Federation are settled in the order defined by the Federal Legislation.

4. Differentiation of property between Moscow and municipal formations is provided in compliance with the present Statute and Laws of Moscow.

5. The list of objects owned by the City of Moscow, which is to be transferred to the ownership of municipal formations, is defined by the Law of Moscow.

(Part 5, Law of Moscow dd. 06.11.2002 N 54)

6. Moscow may transfer some part of the objects owned by the city to the administration of municipal formations in the order and on conditions defined by the laws of Moscow.

Article 24. Privatization of the Property Objects of Moscow and Municipal Formations

1. Privatization of property objects of Moscow is provided in compliance with the Federal Laws and the laws of Moscow.

(Part 1, Law of Moscow dd. 06.11.2002 N 54)

2. Privatization of the property objects of municipal formations is provided by the bodies of local self-government independently in the order and on conditions specified by the Federal Legislation.

(Part 2, Law of Moscow dd. 15.02.2006 N 11)

Article 25. Land-Use in Moscow

(Law of Moscow dd. 15.02.2006 N 11)

1. The land-use in Moscow is provided based on the priority of human life and health protection, all-round development of a person, and provision of favorable ecological conditions for his/her life and activity while complying with rules and legitimate interests of other people.

2. The land-use in Moscow is intended.

3. The rights for lands in Moscow are granted and executed in compliance with the Federal Legislation, laws and other regulatory legal acts of Moscow.

Articles 26 - 27. Excluded. – Law of Moscow dd. 15.02.2006 N 11.

Chapter 5. BUDGETARY-FINANCIAL SYSTEM

Article 28. Budgetary System of Moscow

1. The Moscow budgetary system consists of budgets of two levels, i.e.:

- First level includes the budget of Moscow, and budgets of territorial state extra-budgetary funds of Moscow;

- Second level includes budgets of municipal formations.

2. The Moscow budget and the volume of budgets of municipal formations constitute the Moscow consolidated budget.

Article 29. Budget of Moscow

1. The Moscow budget for the next year is approved in form of the law of Moscow.

2. The Moscow budget may contain earmarked budgetary funds.

3. Fiscal revenues of Moscow are formed in compliance with the Federal Legislation and laws of Moscow. Fiscal revenues of Moscow are formed at the expense of tax and non-tax income types, and gratuitous transfers. Income sources of local budgets determined by the Federal Legislation which are not referred by the Moscow laws to the income sources of budgetary municipal formations are placed to the Moscow budget.

4. Moscow independently determines ways of applying funds from the Moscow budget.

Article 30. Territory State Extra-Budgetary Funds of Moscow

1. Incomes and expenditures of the territory state extra-budgetary funds of Moscow are formed in the order determined by the Federal Legislation.

2. Draft budgets of the territory state extra-budgetary funds of Moscow, and reports on their application are reviewed by the Moscow Government and introduced by the Moscow Mayor for the approval by the Moscow City Duma.

Article 31. Budgetary Process in Moscow

1. The budgetary process in Moscow is subject to the Federal Laws, laws and other regulatory legal acts of Moscow.

2. Draft laws on the budget of Moscow, budgets of territory extra-budgetary funds of Moscow, and reports on their application are introduced by the Moscow Mayor to the Moscow City Duma.

3. The arrangement of implementation of the budget of Moscow, and budgets of territorial extra-budgetary funds of Moscow are provided by the authorized body of the executive power of Moscow.

(Part 3, Law of Moscow dd. 15.02.2006 N 11)

4. External audit over the Moscow budget is executed by the Control Audit Chamber of Moscow. Preliminary, current and future control over the budget performance in Moscow is executed by the bodies of state power of Moscow.

(Part 4, Law of Moscow dd. 15.02.2006 N 11)

Article 32. Excluded. – Law of Moscow dd. 15.02.2006 N 11.

Chapter 6. LEGISLATIVE POWER OF THE CITY OF MOSCOW

Article 33. Moscow City Duma

1. The Moscow City Duma is the standing supreme exclusive legislative (representative) body of the state power of Moscow.

2. The Moscow City Duma enjoys rights of the juridical person and possesses the official seal.

3. The personnel of the Moscow City Duma include 35 deputies. The Moscow City Duma is elected for a four-year term.

Article 34. Deputies of the Moscow City Duma

1. Deputies of the Moscow City Duma are elected by the Moscow residents based on the overall equal direct voting on a poll.

2. The deputy of the Moscow City Duma shall be a citizen of the Russian Federation, aged 21 for the polling day, and possessing the voting right.

3. The procedure of electing the Moscow City Duma deputies is defined by the law of Moscow.

4. The Moscow City Duma is legally competent if the number of the elected deputies comprises no less than 2/3 of the established number of the Moscow City Duma deputies. The newly elected Moscow City Duma holds the first meeting on the thirtieth day after the day of electing no less than 2/3 of the established number of the Moscow City Duma deputies. The first meeting of the Moscow City Duma may be convened ahead of time in compliance with the Decree issued by the Moscow Mayor. The first meeting is opened by the oldest deputy. The powers of the previous Moscow City Duma are terminated on the date of opening the first meeting of the new Moscow City Duma.

(Part 4, Law of Moscow dd. 15.02.2006 N 11)

5. In case if less than 2/3 of the established number of the new Moscow City Duma deputies is elected during the election period, the powers of the last convocation deputies shall be considered as terminated only in those administrative divisions where there have been elected deputies of the new convocation of the Moscow City Duma.

6. Assuming office the deputy of the Moscow City Duma shall make oath:

“I swear that when executing the powers of the Moscow City Duma deputy, I will observe the Constitution of the Russian Federation and Federal Laws, the Statute of the City of Moscow and the Laws of the City of Moscow, faithfully and conscientiously exercise my functions, serve for the prosperity of the city and for the well-being of the residents”.

(Part 6, Law of Moscow dd. 15.02.2006 N 11)

7. The deputy of the Moscow City Duma works on a permanent base and cannot be involved into any other paid activity except teacher, scientific and other creative activity.

8. The deputy of the Moscow City Duma has the right to bring in the deputy request. The order of bringing in and examining the request is determined by the law of Moscow.

(Part 8, Law of Moscow dd. 14.07.2004 N 51)

9. The deputy of the Moscow City Duma has the right to voluntarily divest himself/herself of authority.

10. Guarantees for the deputy activity and the status of the Moscow City Duma deputy are defined by the law of Moscow in accordance with the Federal Legislation.

(Part 10, Law of Moscow dd. 15.02.2006 N 11)

Article 35. Powers of the Moscow City Duma

1. The Moscow City Duma shall:

1) Adopt the Statute of the City of Moscow;

2) Adopt laws of Moscow within the powers of the City of Moscow;

3) Pass resolutions of the Moscow City Duma;

4) Elect the Chairman of the Moscow City Duma and his/her Vices and release them from office;

5) Determine and modify the structure of the Moscow City Duma; establish and abrogate deputy committees and working groups of the Moscow City Duma; approve the provision on the Office of the Moscow City Duma; appoint the Chief of the Office of the Moscow City Duma and release him/her from office;

6) Effect control over the execution of the laws of Moscow;

7) Exercise the right of legislative initiative in the State Duma of the Russian Federal Assembly;

8) Elect a representative of the Moscow City Duma for the Federal Council of the Russian Federal Assembly and accord the appointment of the Moscow state executive body representative in the Federal Council of the Russian Federal Assembly subject to the Federal Legislation and regulatory legal acts of Moscow;

9) Send a request to the Russian Constitutional Court in compliance with Article 125, Constitution of the Russian Federation;

10) Express agreement for the appointment of the Public Prosecutor of Moscow subject to the law of Moscow;

11) Appoint the Chairman of the Control-Audit Chamber of Moscow, his/her Vice, and auditors of the Control-Audit Chamber of Moscow and release them from office;

12) Appoint Judges of the Statutory Court of Moscow on presentation of the Moscow Mayor;

13) Appoint the date of electing the deputies of the Moscow City Duma in the order determined by the law of Moscow;

14) Make decisions to vest powers of the Moscow Mayor in the Russian citizen on presentation of the Russian President;

15) Participate in forming election committees in compliance with the Federal Legislation and laws of Moscow;

16) Impeach credibility to the Moscow Mayor and officials in whose appointments the Moscow City Duma participated, in the cases and in the order provided by the Federal Legislation and present Statute;

17) Determine procedure for the appointment and conducting the Moscow referendum in compliance with the Federal Legislation and laws of Moscow;

18) Make an appointment and release from office the Authorized Agent for the Child’s Rights in Moscow in the order provided by the law of Moscow;

19) Appoint the Magistracy of Moscow in the order provided by the law of Moscow;

20) Make treaties with bodies of the legislative (representative) power of other subjects of the Russian Federation and foreign countries;

21) Approve treaties and agreements of Moscow in the order provided by the Federal Legislation and laws of Moscow;

22) Solve other issues referred by the Russian Constitution, Federal Laws, other Russian legal acts, and Moscow laws to the competence of Moscow.

(Part 1, Law of Moscow dd. 15.02.2006 N 11)

2. The Moscow City Duma independently solves issues concerning the organizational, legal, material-and-technical and financial support of their activity.

3. The order of executing their powers by the Moscow City Duma, rules and procedures of work of the Moscow City Duma are determined by the Rules of Procedure of the Moscow City Duma.

4. The Moscow City Duma exercises their powers during meetings. The meetings of the Moscow City Duma are open. Closed meetings may be held in cases provided by the Rules of Procedure of the Moscow City Duma.

Article 36. Adoption of Laws, Resolutions, and Other Acts by the Moscow City Duma

1. The right of legislative initiative belongs to the deputies, committees of the Moscow City Duma, factions in the Moscow City Duma, Moscow Mayor, Moscow Public Prosecutor, Moscow City Duma Representative in the Federal Council of the Russian Federal Assembly, representative bodies of local self-government, and citizens exercising the right of the civil legal initiative in the order established by the law of Moscow. The right of legislative initiative in the Moscow City Duma also belongs to the Chairman of the Moscow City Court, Chairman of the Moscow Arbitration Court, Moscow Statutory Court, and Authorized Agent for the Child’s Rights in Moscow within their competence.

(Part 1, Law of Moscow dd. 15.02.2006 N 11)

2. Draft laws on the introduction or abolishment of taxes, exempt from their deduction, changes in financial obligations of Moscow, other draft laws providing expenditures covered at the expense of the Moscow budget are considered by the Moscow City Duma on presentation of the Moscow Mayor or if his/her respective conclusion is available. This conclusion is presented to the Moscow City Duma within thirty days after the Moscow Mayor receives the draft law.

3. The legislative initiative is exercised by way of introducing to the Moscow City Duma of drafts of the Moscow low and resolution of the Moscow City Duma.

4. The Moscow City Duma is authorized to pass Moscow laws, resolutions of the Moscow City Duma, motions, applications, documents referring Moscow City Duma work, if the number of deputies present (registered) in the meeting of the Moscow City Duma comprises no less than 2/3 from the determined number of the Moscow City Duma deputies.

5. The Statute is passed by the majority of no less than 2/3 of votes from the determined number of the Moscow City Duma deputies.

(Part 5, Law of Moscow dd. 15.02.2006 N 11)

6. Laws of Moscow are passed by the majority of the determined number of Moscow City Duma deputies except as otherwise provided by the Federal Law. Resolutions of the Moscow City Duma are passed by the majority of voices from the number of elected deputies except as otherwise provided by the Federal Law.

7. Laws of Moscow regulate issues referred to the competence of Moscow by the Russian Constitution, Federal Laws, present Statute, and other laws of Moscow. Resolutions of the Moscow City Duma concern decisions of organizational-management nature on issues referred by the Russian Constitution, Federal Laws to the competence of the legislative (representative) body of the state power of the subject of the Russian Federation.

8. Laws of Moscow are signed by the Moscow Mayor, while Resolutions of the Moscow City Duma are signed by the Chairman of the Moscow City Duma in the order determined by the law of Moscow. Laws of Moscow adopted by the Moscow City Duma are sent for signing and promulgation to the Mayor of Moscow within fourteen-day period. The Mayor of Moscow signs and promulgates the laws of Moscow adopted by the Moscow City Duma within fourteen—day period.

9. Documents, which are not laws of Moscow or resolutions of the Moscow City Duma, are passed in accordance with the Rules of Procedure of the Moscow City Duma.

10. The order and conditions of passing procedural decisions by the Moscow City Duma are determined by the Rules of Procedure of the Moscow City Duma.

Article 37. Chairman of the Moscow City Duma and His/Her Vices

1. The Moscow City Duma elects the Chairman of the Moscow City Duma and his/her Vices from among the deputies by ballot vote. The term of office and election procedure of the Moscow City Duma Chairman and his/her Vices are determined by the Rules of Procedure of the Moscow city Duma.

2. The Chairman of the Moscow City Duma shall:

1) Be responsible for the preparation of meetings of the Moscow City Duma;

2) Conduct meetings of the Moscow City Duma exercising the Chairman’s powers in compliance with the Rules of Procedure of the Moscow City Duma;

3) Call extraordinary meetings of the Moscow City Duma;

4) Sign resolutions, motions, applications, and other documents of the Moscow City Duma;

5) Perform representative functions;

6) Perform other functions in compliance with the Federal Laws, Moscow laws and other regulatory legal acts.

3. When the Chairman of the Moscow City Duma is absent, his/her functions are performed by a Vice-Chairmen of the Moscow City Duma in the order provided by the Rules of Procedure of the Moscow City Duma. Under the instruction of the Moscow City Duma or the Chairman, the Vices may perform other functions.

Article 38. Performance of Control Functions by the Moscow City Duma

1. The Moscow City Duma exercises control over the observance and abeyance of laws of Moscow and resolutions of the Moscow City Duma, implementation of the budget of Moscow, budgets of the territorial state extra-budgetary funds of Moscow, and observance of the established procedure for disposing the Moscow property.

(Part 1, Law of Moscow dd. 14.07.2004 N 51)

2. Under the request of the Moscow City Duma, deputy of the Moscow City Duma, deputy committee, working group or faction of the Moscow City Duma within a month-period the bodies of executive power of Moscow, bodies of the local self-government, other organizations, and officials are obliged to present the requested information on the issues concerning the competence of the Moscow City Duma; and in case of pointing out to the violation of the legislation they must immediately take measures to eliminate the violation and bring the guilty party to responsibility.

Article 39. Procedure for the Early Termination of Office of the Moscow City Duma

1. The powers of the Moscow City Duma may be terminated ahead of time if:

1) The Moscow City Duma makes a decision on the voluntary dissolution in the order provided by the Moscow legislation;

2) The Moscow City Duma is dissolved by the Moscow Mayor for the reasons provided by Part 2 of the present Article;

3) The decision of the Moscow City Court referring the ineligibility of the current Moscow City Duma, also for the reasons of abdication by deputies, comes into force;

4) The Moscow City Duma is dissolved by the Russian President for the reasons provided by the Federal Legislation.

(Paragraph 4, Law of Moscow dd. 15.02.2006 N 11)

2. The Moscow Mayor has the right to make a decision referring the early termination of office of the Moscow City Duma in case if the Moscow City Duma passes a law of Moscow or a resolution of the Moscow City Duma which contradicts the Russian Constitution, Federal Laws adopted within the competence of the Russian Federation and subjects of the joint competence of the Russian Federation and the City of Moscow, or the present Statute, if such contradictions are found by the court and the Moscow City Duma does not eliminate them within six months after the court decision comes into force.

3. If the Moscow City Duma terminates their powers ahead of time in compliance with the present Statute and the Law of Moscow, the date of the snap election is determined. The election is held three months after the decision referring the early termination of office of the Moscow City Duma comes into force.

Chapter 7. EXECUTIVE POWER OF THE CITY OF MOSCOW

Article 40. Mayor of Moscow

1. The Mayor of Moscow is the top executive of the City of Moscow.

2. The citizen of the Russian Federation is vested with authority of the Moscow Mayor for four years in the order provided by the Federal Legislation and the present Statute.

(Part 2, Law of Moscow dd. 15.02.2006 N 11)

3. The powers of the Moscow Mayor may be vested in the Russian citizen attaining thirty years of age.

(Part 3, Law of Moscow dd. 15.02.2006 N 11)

4 - 5. Excluded. – Law of Moscow dd. 15.02.2006 N 11.

6. Assuming office the Moscow Mayor shall make oath:

“I swear that when executing the powers of the Moscow Mayor, I will observe the Constitution of the Russian Federation and Federal Laws, the Statute of the City of Moscow and the Laws of the City of Moscow, faithfully and conscientiously exercise my functions, serve for the prosperity of the city and for the well-being of the residents”.

7. After making oath the Moscow Mayor is considered as executive incumbent.

8. State guarantees of the Moscow Mayor activity are defined by the Law of Moscow.

(Part 8, Law of Moscow dd. 15.02.2006 N 11)

9. The Moscow Mayor may be simultaneously a deputy of the State Duma of the Russian Federal Assembly, member of the Federal Council of the Russian Federal Assembly, judge, he/she may take other state posts of the Russian Federation, state posts of the Federal State Service, other state posts of the subject of the Russian Federation or state posts of the State Service of the subject of the Russian Federation, as well as elective municipal posts and municipal posts of the Municipal Service; he/she cannot be involved into any other paid activity except teacher, scientific and other creative activity except as otherwise provided by the Federal Legislation.

(Part 9, Law of Moscow dd. 22.10.2003 N 61)

10 - 11. Excluded. – Law of Moscow dd. 15.02.2006 N 11.

Article 41. Powers of the Moscow Mayor

1. The Moscow Mayor directly or through the bodies of the Moscow executive power solves questions referring the social-and-economic development of Moscow, exercises control over the city economy, and performs other executive-regulatory functions within his/her powers.

2. The Moscow Mayor shall:

1) Represent Moscow in relations with federal bodies of state power, bodies of state power of other subjects of the Russian Federation, bodies of local self-management or delegate the representation of Moscow to other persons, represent Moscow at official protocol events, and exercise other representative functions;

2) Act on behalf of Moscow within the competence provided by the present Statute in the cases and order determined by the Federal Legislation, laws of Moscow, delegate to act on behalf of Moscow to the Moscow executive bodies, officials, local self-government bodies, juridical persons and citizens;

3) Sign and promulgate the laws passed by the Moscow City Duma or decline them;

4) Make treaties and agreements in the order provided by the Federal Legislation and the Laws of Moscow;

5) Form the Moscow Government and make decision on their resignation; define the structure of the Moscow executive bodies;

(Paragraph 5, Law of Moscow dd. 15.02.2006 N 11)

6) Express agreement on behalf of the executive body of the state power of the subject of the Russian Federation for the appointment of the Moscow Public Prosecutor, chiefs of the territorial (in Moscow) bodies of the Russian executive power in the order determined by the Law of Moscow;

(Paragraph 6, Law of Moscow dd. 14.07.2004 N 51)

7) Introduce to the Russian President, Russian Government and other Russian state bodies draft acts which adoption belongs to their competence;

8) Appoint a representative of the Moscow executive body for the Federal Council of the Russian Federal Assembly in the order determined by the Federal Law and Moscow regulatory legal acts;

(Paragraph 8, Law of Moscow dd. 14.07.2004 N 51)

9) Appoint his/her authorized representatives in the Moscow City Duma and in other bodies of state power;

10) Introduce candidates for the positions of Judges of the Moscow Statutory Court to the Moscow City Duma;

11) Exercise other powers provided by the Russian Constitution, present Statute, Federal Laws, and Moscow Laws.

3. In cases endangering the safety and health of the Moscow residents, normal functioning of the Moscow life-safety systems, and law-enforcement, the Moscow Mayor has the right to take necessary measures to prevent extreme circumstances or eliminate their consequences with the following immediate informing of those state authorities to whose competence the solution of these issues belongs.

4. On the matters of his/her competence the Moscow Mayor issues decrees and instructions which shall be subject to compulsory implementation all over Moscow and exercises control over their performance.

5. Decrees of the Moscow Mayor are legal acts issued by the Moscow Mayor on the matters of regulatory nature and on other matters provided by the Federal Laws and the Laws of Moscow.

6. Instructions of the Moscow Mayor are legal acts issued by him/her on all matters of operative-regulatory nature.

7. Interaction of the Moscow Mayor with executive bodies and officials of other subjects of the Russian Federation may be provided by adopting joint legal acts.

8. Legal acts issued by the Moscow Mayor cannot contradict the Russian Constitution, Federal Constitutional Laws, Federal Laws, adopted on the issues of competence of the Russian Federation and joint competence of the Russian Federation and Moscow, Decrees of the Russian President, regulations of the Russian Government, the Statute and laws of Moscow.

9. The Moscow Mayor has the right to repeal legal acts of the Moscow executive bodies and officials (excluding regulations of the Moscow Government), if the legal acts do not correspond to the legislation, adopted with the violation of current legal acts, or their execution is not assured with financial or material resources.

10. Decrees and instructions of the Moscow Mayor come into force in the order determined by the Moscow Mayor. Regulatory legal acts of the Moscow Mayor concerning the rights, liberties and obligations of a person and citizen come into force no less than 10 days after their official publication.

11. Legal acts of the Moscow Mayor are sent to the Moscow City Duma within two-week period after their signing.

12. Legal acts of the Moscow Mayor are considered officially published if they are published in official editions of the Moscow executive bodies.

13. The Moscow Mayor has a seal where the Moscow emblem and titular sign are shown.

14. Excluded. – Law of Moscow dd. 14.07.2004 N 51.

Article 42. Early Termination of Office of the Moscow Mayor

1. The powers of the Moscow Mayor are terminated ahead of time in the following cases:

1) His/her death;

2) Excluded. – Law of Moscow dd. 15.02.2006 N 11;

3) Resignation of his/her own free will;

4) His/her dethronement by the Russian President due to the credibility impeachment to him/her from the side of the Moscow City Duma, and in other cases provided by the Federal Legislation;

(Paragraph 4, Law of Moscow dd. 15.02.2006 N 11)

5) The Court recognizes him/her legally incapable or specially disabled;

6) The Court recognizes him/her missing or announces him/her dead;

7) Judgment of guilt comes into force against him/her;

8) He/she goes abroad for the permanent place of residence;

9) He/she loses the Russian citizenship;

2. The Moscow City Duma has the right to express non-confidence to the Moscow Mayor in the following cases:

1) The Moscow Mayor issues acts contradicting the Russian Constitution, Federal Laws, present Statute, and other Moscow laws if such contradictions are found by the Court and the Moscow Mayor does not eliminate them within one month after the court decision comes into force;

2) The Court finds other gross violations of the Russian Constitution, Decrees of the Russian President, Regulations of the Russian Government, present Statute, and other Laws of Moscow if this results in massive violation of the rights and liberties of citizens;

3) The Moscow Mayor does not duly perform his/her obligations.

(Paragraph 3 introduced by the Law of Moscow dd. 15.02.2006 N 11)

(Part 2, Law of Moscow dd. 22.10.2003 N 61)

3. The decision of the Moscow City Duma concerning incredibility to the Moscow Mayor is made by 2/3 of voices from the established number of deputies under the initiative of at least 1/3 of the established number of deputies.

4. The early termination of office of the Moscow Mayor in cases provided by Paragraph 4 Part 1 of the present Article causes the resignation of the Moscow Government. Meanwhile, the Moscow Government in full strength continues to act till the formation of the new Moscow Government in the order provided by the present Statute and other Moscow laws.

(Part 4, Law of Moscow dd. 15.02.2006 N 11)

5. Excluded. – Law of Moscow dd. 15.02.2006 N 11.

Article 43. Acting Appointment of the Moscow Mayor

(Law of Moscow dd. 15.02.2006 N 11)

1. In case of temporal absence of the Moscow Mayor his/her powers are transferred to one of his/her Vice-Mayors under the Decree issued by the Moscow Mayor.

2. In all cases when the Moscow Mayor cannot temporarily execute his/her obligations, their performance is given to one of the Vice-Mayors in the Moscow Government defined by the Moscow Government Regulation. In these cases the Vice-Mayor in the Moscow Government issues decrees of the Moscow Mayor and instructions of the Moscow Mayor signing them on behalf of the Acting Moscow Mayor.

3. In cases provided by Part 1 and 2 of the present Article, persons exercising the powers of the Moscow Mayor do not have the right to make decisions referring the resignation of the Moscow Government, introduce changes to the membership of the Moscow Government, and make decisions referring the alteration of the own status.

4. In cases determined by the Federal Law the Russian President appoints the Acting Moscow Mayor. The Acting Moscow Mayor does not have the right to dissolve the Moscow City Duma, bring forward motions referring the amendments to the Statute, make a decision referring the resignation of the Moscow Government, define the structure of the Moscow executive bodies, modify the distribution of obligations between the members of the Moscow Government, appoint a representative of the Moscow executive body for the Federal Council of the Russian Federal Assembly, introduce in the Moscow City Duma any candidates for the posts of Judges of the Moscow Statutory Court, and exercise the legislative initiative referring the Moscow budget adoption and alteration without the Moscow Government approval.

Article 44. Government of Moscow

1. The Moscow Government is the supreme standing collegial executive body of Moscow, possessing the general power and ensuring the concerted activity of other bodies of the Moscow executive power.

2. The Moscow Government is chaired by the Mayor of Moscow.

3. The Moscow Government consists of the Moscow Mayor, Vice-Mayors in the Moscow Government (including First Vices), Chief of the Office of the Mayor and the Moscow Government in the position of the First Vice-Mayor in the Moscow Government, Ministers of the Moscow Government, prefects of the administrative divisions in the position of Ministers of the Moscow Government.

(Part 3, Law of Moscow dd. 15.02.2006 N 11)

4. Vice-Mayors in the Moscow Government, Chief of the Office of the Mayor and Moscow Government, Ministers of the Moscow Government and Prefects of the administrative divisions are appointed and released from office by the Moscow Mayor.

(Part 4, Law of Moscow dd. 14.07.2004 N 51)

5. The distribution of powers between the members of the Moscow Government is determined by the Moscow Mayor.

6. The Moscow Government passes resolutions which are signed by the Moscow Mayor, or in his/her absence by the person exercising his/her powers in compliance with the Moscow Mayor Decree. The resolution is considered as passed if more than a half of the Moscow Government members voted for it.

7. The Moscow Government possesses the rights of a juridical person.

8. The order of arrangement and activity of the Moscow Government is determined by the Law of Moscow which is passed by the Moscow City Duma on presentation of the Moscow Mayor.

Article 45. Field and Functional Bodies of the Moscow Executive Power

(Law of Moscow dd. 06.11.2002 N 54)

1. Field and functional bodies of the Moscow executive power perform executive-regulatory functions in specific fields and spheres of the city management.

2. Chiefs of the above-said bodies are appointed and released from office by the Moscow Government.

3. Provisions on the field and functional bodies of the Moscow executive power are approved by the Moscow Government.

Article 46. Territorial Bodies of the Moscow Executive Power

(Law of Moscow dd. 06.11.2002 N 54)

1. Territorial bodies of executive power, i.e. prefectures of the administrative divisions and municipal councils (hereinafter “The prefectures”, “The councils”), are formed in the Moscow administrative divisions and districts.

2. Prefectures chaired by the Prefects of the administrative divisions exercise control, coordination, and executive-regulatory activities in the Moscow administrative divisions within the powers established by the Moscow legal acts.

3. Councils chaired by the Council Chiefs exercise executive-regulatory, coordination and control activities in the Moscow districts within the powers established by the Moscow legal acts.

4. Chiefs of the Councils are appointed and released from office by the Moscow Government.

5. Provisions on the Prefectures and Councils are approved by the Moscow Government.

Article 47. Officials of the Executive Power and Arrangement of State Civil Service in Moscow

(Law of Moscow dd. 15.02.2006 N 11)

1. Officials of the Moscow executive power are the Moscow Mayor, members of the Moscow Government, Chiefs of the Moscow executive bodies and their Vices, other department officers of the Moscow executive bodies, who are vested with administrative-regulatory powers in the established order.

2. The Moscow executive bodies cannot have political parties, religion and public associations except trade unions.

3. Issues of arranging the state civil service are regulated by the Laws of Moscow.

Article 48. Legal Acts of the Moscow Executive Bodies and Officials

1. Legal acts of the Moscow executive bodies and officials include decrees and instructions of the Moscow Mayor, resolutions and instructions of the Moscow Government, instructions of the Moscow Vice-Mayors in the Moscow Government, instructions and orders of the Chiefs of the Moscow field, functional and territorial executive bodies, as well as acts of other Moscow executive officials adopted within their competence, acts issued by the Moscow executive bodies and Moscow executive officials together with other bodies and officials of executive power.

(Part 1, Law of Moscow dd. 15.02.2006 N 11)

2. Legal acts of the Moscow executive bodies and officials cannot contradict the Russian Constitution, Federal Legislation, Statute, and Laws of Moscow.

3. The legal act of the Moscow executive body or official may be recognized as null and void in the order provided by the Federal Legislation.

Article 49. Interaction of the Moscow Mayor and the Moscow Executive Bodies with the Moscow City Duma

1. The Moscow executive bodies and the Moscow City Duma interact in the interest of the population based on the differentiation of functions and powers following the collectivity of mutual efforts, principles of sovereignty, legitimateness and openness.

2. The Moscow City Duma and the Moscow executive bodies send to each other work plans, adopted acts, and other information in the established order.

3. No later than in the first quarter the Moscow Mayor presents to the Moscow City Duma the Annual Report concerning the activity of the Moscow executive bodies during the previous calendar year.

4. In the order provided by other Moscow laws the Moscow Mayor has the right to do the following:

1) Introduce to the Moscow City Duma drafts of Moscow laws, resolutions of the Moscow City Duma and amendments to drafts on any stage of their examination, and conclusions on the drafts of Moscow laws, resolutions of the Moscow City Duma, and amendments hereto; delegate the right of introducing amendments and conclusions to his/her authorized representative;

2) Claim to convene an extraordinary session of the Moscow City Duma;

3) Appoint his/her authorized representatives in the Duma on general issues or on specific drafts of Moscow laws and resolutions of the Moscow City Duma;

4) Propose issues for the agenda of the Moscow City Duma meeting;

5) Participate in open and closed meetings of the Moscow City Duma;

6) Within 14 days after the date of receipt, use the right of veto in regard to the Moscow laws adopted by the Moscow City Duma sending the laws for reexamination with some amendments or without any;

7) Approach the Moscow City Duma with a proposal to make changes and/or amendments to the resolutions of the Moscow City Duma, denounce the resolutions or appeal them to court;

8) Make a report on the agenda of the Moscow City Duma meeting;

9) Make a speech with priority in the meetings of the Moscow City Duma.

5. The Law of Moscow in regard to which the Moscow Mayor has used the right of veto, may be adopted by Moscow City Duma in the former version if at least 2/3 of the Moscow City Duma deputies vote for that.

6. The law of Moscow approved by the Moscow City Duma in the former version cannot be once again declined by the Moscow Mayor, the law has to be signed by the Moscow Mayor and approved within fourteen days.

7. Officials of the Moscow executive power have the right to, and if having the written invitation they must, be present at the meetings of the Moscow City Duma, where they may make speeches and introduce proposals on the discussed issues.

8. The Moscow City Duma deputies enjoy the right of the priority admission by the chiefs and other officials of the Moscow executive bodies within the time-limit of no more than two weeks (excluding vacations, illnesses, business-trips), have the right on their own initiative or under the invitation to be present at the meetings of the Moscow Government and other Moscow executive bodies, make speeches, and make proposals.

9. The Moscow City Duma has the right to address the Moscow Mayor, Moscow Government, other Moscow executive bodies and chiefs with proposals to abrogate, modify or amend the legal acts adopted by them, or to appeal the legal acts to court, or to duly address the Russian Constitutional Court with the query on the compliance of the legal acts with the Russian Constitution.

Chapter 8 Judicial Power and Law Enforcement Agencies

Article 50. Judicial Power

1. Justice is administered only by courts.

2. The Judicial System of the City of Moscow is an integral part of the Judicial System of the Russian Federation and consists of the Moscow City Court, district courts, the Moscow Court of Arbitration, the Moscow Statutory Court, justices of the peace and other judicial bodies, established by the federal law.

Article 51. Moscow Statutory Court

1. The Moscow Statutory Court deals with the issues relating to compliance of laws and other legal acts of Moscow, legal acts of local self-governing bodies with the Moscow City Statute.

2. The procedures of forming and activity of the Moscow Statutory Court are established by the Law of Moscow, adopted by the Moscow City Duma as advised by the Mayor of Moscow.

Atricle 52. Public Prosecutor's Office

1. The Public Prosecutor's Office agencies enforce the law, prevent violation of the law and institute proceedings against lawbreakers.

2. Authority, organizational structure and the procedures of activity of the Public Prosecutor's Office are set by the federal law.

3. The Moscow Public Prosecutor is appointed by the Prosecutor General of the Russian Federation with the concurrence of the Moscow City Duma and the Mayor of Moscow. The procedure is established by the Law of Moscow.

(part 3 was changed by the Law of Moscow dd. 14.07.2004 N 51)

Article 53. Police

1. The power to secure public order, ensure personal safety of the citizens, guarantee protection of property in all forms of ownership on the territory of Moscow is vested in the law enforcement agencies, the organizational structure and the procedures of activity of which are set by the federal laws, laws and other legal acts of Moscow.

2. The Mayor of Moscow in compliance with the legislation is authorized to establish in Moscow the Public Safety Police units and services. Organizational structure, missions, functions of the Public Safety Police units, as well as the terms of service are determined by the legal acts of Moscow, adopted in accordance with the legislation.

3. Governmental authorities of Moscow provide support to the Police in accordance with the procedures stated in the federal legislation

(part 3 was changed by the Law of Moscow dd. 15.02.2006 N 11)

4. The Head of the Main Directorate of Internal Affairs of Moscow is appointed to office in accordance with the procedures stated in the federal legislation (part 4 was changed by the Law of Moscow dd. 06.11.2002. N 54)

Chapter 9 has come into force at the same time with the Law of Moscow “On the Local Government Arrangement in Moscow” (paragraph 6 of article 2, the Law of Moscow N 32 dd. 13.07.2001 (with changes dd. 06.11.2002)).

Chapter 9. Local Self-Government Arrangement in Moscow

Article 54. Intra-Urban Municipal Formations

(changed by the Law of Moscow dd. 15.02.2006 N 11)

Local self-government in Moscow is executed within the borders of the intra-urban municipal formations, created on the territories of the districts of Moscow (including districts of Zelenograd town) in accordance with the federal legislation and laws of Moscow.

Article 55. Legal Regulation of Local Self-Government Arrangement

(changed by the Law of Moscow dd. 15.02.2006 N 11)

Borders of municipal formations and their names in Moscow, the name of the representative body of the municipal formation, the head of the municipal formation, the executive-administrative body of the municipal formation, the list of issues of local significance of municipal formations, the register of municipal formations’ property, the sources of municipal formations’ budget revenues, are set by the laws of Moscow.

Article 56. Delegation of Moscow Authority to Local Self-Government Bodies

(changed by the Law of Moscow dd. 15.02.2006. N 11)

Under the provisions of the Law of Moscow, local self-government bodies may be granted certain authority of Moscow (public authority) that implies concurrent transmission of material and financial resources.

Article 57. Warranty of Local Self-Government Bodies Activity

1. Legal acts of local self-government bodies, adopted in accordance with the legislation within their competence are binding on public officials of local self-government bodies, as well as organizations located on the territory of a municipal formation, their officials, citizens and bodies of territorial public self-government.

2. Disagreements and disputes between local self-government bodies and executive bodies of Moscow located on the territory of a municipal formation, other organizations, are considered at the commission of conciliation, and in certain cases at court or court of arbitration as established by the law.

3. The addresses of the local self-government bodies and local officials to the governmental authorities and executive officials of Moscow are subject to consideration by the bodies, the addresses were directed to. The decisions of the local self-government bodies and local officials may be annulled by the bodies and officials responsible for the decisions, or may be rendered legally void by judgment of court.

Article 58. Cooperation between Local Self-Government Bodies and Executive Bodies of Moscow

1. Executive bodies of Moscow render local self-government bodies assistance in exercising their authority.

2. The cooperation between local self-government bodies and executive bodies of Moscow is regulated by the adoption of the relevant laws of Moscow and other legal acts of Moscow, as well as by signing agreements and treaties between executive bodies and local self-government bodies of Moscow. For the purpose of cooperation joint/coordinating/advisory/consultative boards and other standing or ad hoc councils may be established.

3 – 4. Excluded - Law of Moscow dd. 15.02.2006 N 11.

Article 59. Excluded – Law of Moscow dd. 15.02.2006 N 11.

Chapter 10. Forms of Direct Democracy

Article 60. Right of citizens to participate in exercising authority

Residents of Moscow exercise authority directly by participating in referenda and elections, enjoying their right to introduce legislation, and through other forms of direct democracy according to the procedure established by federal laws and legal acts of Moscow.

Article 61. Referendum of Moscow and local referenda

1. The referendum of Moscow and local referenda may be held in Moscow.

2. The referendum of Moscow is the voting of residents of Moscow, permanently or normally residing on the territory of Moscow on the key issues important for the city. The local referendum is the voting of residents of Moscow, permanently or normally residing within the territory of a municipal formation, on the key issues of local importance.

(part 2 was changed by the Law of Moscow dd. 06.11.2002. N 54)

3. The procedure of arranging and conducting of the referendum of Moscow and local referendum is established by the Law of Moscow in accordance with the federal legislation.

(part 3 was changed by the Law of Moscow dd. 06.11.2002. N 54)

Article 62. Consultative public inquiries and other methods of conducting public opinion polls

(changed by the Law of Moscow dd. 14.07.2004 N 51)

In order to find out public opinion of the residents of Moscow, the Moscow City Duma, the Mayor of Moscow, the Moscow City Government, the territorial executive authorities of Moscow, on the issues concerning Moscow everyday life, and the local self-government bodies, on the issues of local significance, shall have the right to conduct consultative and other inquires, public hearings, discussions on urban and municipal issues in the media.

Articles 63-64. Excluded. - Law of Moscow dd. 15.02.2006. N 11)

Article 65. Appeals and petition of citizens

1. Every citizen or a group of citizens shall have the right to appeal to government bodies of Moscow, local-self government bodies or their officials.

2. The appeal is considered in accordance with the procedure set up by federal laws, laws and other legal acts of Moscow and local government. The response to the appeal is given on the substance of the problem.

3. Moscow residents in accordance with the procedure set up by the Law of Moscow introduce their civic initiative through submission of a petition to the Moscow City Duma with the proposal concerning adoption, amendment or reversal of the Law of Moscow.

Article 66. Guarantees of Transparency of Government Bodies of Moscow and Local Government Activities

1. Citizens shall have the right to acquaint themselves with the legal act of a government body of Moscow or a local government body in accordance with the procedure set up by the legal acts of Moscow and local government.

2. Government bodies of Moscow and local government bodies, their officials are obliged to provide everybody with the opportunity to acquaint themselves with legal acts, documents and papers, relating to their rights and freedoms, unless otherwise is envisaged by the law.

3. Residents of Moscow shall have the right to attend open meetings of the Moscow City Duma and representative bodies of the local government, in accordance with the established procedure.

Статья 67. Участие жителей города Москвы в осуществлении судебной власти

Article 67. Participation of the residents of Moscow in exercising judicial power

(changed by the Law of Moscow dd. 15.02.2006 N 11)

Citizens of Moscow shall be involved directly in administration of justice as juries or referees in accordance with the procedure set by the federal legislation.

Article 68. Citizens appeals against the acts of governmental bodies of Moscow, local government bodies and officials

(changed by the Law of Moscow dd. 06.11.2002 N 54)

The acts of the Moscow City Duma, the Mayor of Moscow, the Moscow Government, the officials of the executive bodies of Moscow, the representative bodies of the local government, the heads of the municipal formations and other officials of the local government are subject to citizens appeals at court, in case these acts violate rights of the citizens, secured in the Constitution of the Russian Federation, federal laws, the Moscow City Statute and other legal acts of Moscow.

Article 69. Peaceful public actions

The citizens have the right to assemble peacefully without arms, hold meetings, processions, demonstrations and other mass actions on the territory of Moscow in accordance with the federal legislation and other legal acts of Moscow.

Chapter 11. Functions of Moscow as the Capital of the Russian Federation

Article 70. Authority of the government bodies of Moscow, concerning the functions of the Moscow as the capital of the Russian Federation.

1. As far as Moscow performs the functions of the capital of the Russian Federation, the government bodies of Moscow shall have power to:

1) in accordance with the procedure set by the relevant legislation, provide federal government bodies of the Russian Federation, representative bodies of the subjects of the Russian Federation as well as diplomatic missions of foreign states in the Russian Federation with land, buildings, constructions, facilities and rooms, accommodations, housing and communal services, freight and other services;

2) in accordance with the established procedure put forward proposals to the federal bodies concerning reimbursement of the Moscow budget expenditure and losses at the expense of subventions from the federal budget in accordance with the federal laws;

3) set appropriate conditions to hold national and international events;

4) take part in the development and implementation of the federal target programs for the Moscow City development as the capital of the Russian Federation;

5) take part in the activities concerning maintenance and development of the communication networks, federal transport systems on the territory of Moscow.

2. Additional services related to security, safety, the exploitation of land, buildings, constructions, facilities, holding of national and international events in Moscow, are provided by the executive bodies of Moscow on contract basis.

3. The Mayor of Moscow and the Moscow Government may delegate some of their authority to the federal executive bodies in accordance with the agreement, unless it contradicts the Statute and other legal acts of the City of Moscow.

4. The Mayor of Moscow and the Moscow City Government in accordance with the federal legislation coordinate with the federal executive bodies the Master plan on the Moscow City development, as far as it concerns the functions of Moscow as the capital of the Russian Federation.

Article 71. Reimbursement of the Moscow City spending on the activities related to performance of the functions of the capital of the Russian Federation

(changed by the Law of Moscow dd. 15.02.2006 N 11)

Extra spending of the budgetary resources of Moscow on the activities related to performance of the functions of the capital of the Russian Federation, incurred as a result of the decisions of the federal government bodies are subject to reimbursement from the federal budget in accordance with the procedure set by the federal legislation.

Article 72. Excluded - Law of Moscow dd. 15.02.2006 N 11.

Article 73. Relations between governmental bodies of Moscow and the Moscow City Region

(changed by the Law of Moscow dd. 15.02.2006 N 11)

1. Governmental bodies of Moscow and the Moscow City Region cooperation is based on the agreements and treaties in accordance with the federal legislation.

2. Governmental bodies of Moscow in coordination with the government bodies the Moscow City Region shall have power to:

1) take part in the development and implementation of the federal target programs on the Moscow City development as the capital of the Russian Federation which cover the Moscow City Region;

2) coordinate the programs of the social and economic development and city planning of Moscow and the Moscow City Region;

3) take part in the construction, reconstruction and maintenance of the facilities on the territory of the Moscow City Region that are necessary for Moscow to perform the functions of the capital of the Russian Federation;

4) take part in the maintenance and development of the transport systems and communications networks on the territory of the Moscow City Region related to the performance of the Moscow its functions of the capital of the Russian Federation;

5) take part in the development of the communal facilities satisfying general needs of Moscow and the Moscow City Region;

6) hold joint activities on the environment protection in Moscow and the Moscow City Region;

7) determine the procedure of the recreational forest exploitation around Moscow, and sanitary protection zones;

8) secure interests of the residents of Moscow concerning the development of collective gardening.

Article 74. Security and Public Order in the Capital of the Russian Federation

In accordance with the federal legislation in order to ensure security and public order in the capital of the Russian Federation, ensure functioning of the federal government bodies, representative bodies of the subjects of the Russian Federation, as well as diplomatic missions of foreign states in the Russian Federation, procedures of arrangement of mass actions, entry to Moscow, registration of citizens, traffic regulation, sanitary and epidemiologic measures may be established by legal acts of Moscow.

Chapter 12. International, External Economic, Interregional Relations

Article 75. The right of Moscow to establish international, external economic relations

Moscow has the right to establish international, external economic relations in accordance with the Constitution of the Russian Federation, federal laws and the Statute, participates within its competence in execution of international treaties of the Russian Federation.

Article 76. Relations between the governmental bodies of Moscow and the governments of the subjects of the Russian Federation

The relations between the government bodies of Moscow and the governments of the subjects of the Russian Federation are established on the basis of the Constitution of the Russian Federation, agreements and contracts, as well as through participation in the unions, associations and other institutions created for the good of the interregional cooperation development.

Article 77. Authority of the Moscow City Duma concerning international, external economic and interregional relations issues

The Moscow City Duma shall have authority to:

1) enter into cooperation agreements with the legislative (representative) government bodies of foreign states, administrative and territorial formations of foreign states, legislative (representative) government bodies of the subjects of the Russian Federation, representative government bodies of their municipal formations, interparliamentary associations;

2) ratify treaties and agreements of the City of Moscow in accordance with the procedure set by the federal legislation and the legal acts of Moscow;

3) establish international and interregional relations with the bodies of representative authority of cities and regions of foreign states, subjects of the Russian Federation, international inter parliamentary and other foreign organizations;

4) take part in the work of the international organizations, activities of which are aimed at urban and municipal management and inter municipal cooperation challenges;

5) ensure control over execution of the treaties and agreements ratified by the Moscow City Duma in accordance with the procedures established by the Law of Moscow.

Article 78. Powers of the Mayor of Moscow concerning international and external economic relations issues

1. The Mayor of Moscow shall have power to:

1) Manage the establishment of international, external economic, and inter regional relations of Moscow;

2) enter into treaties and agreements on behalf of the City of Moscow in compliance with the Law of Moscow;

3) enter into the treaties in the field of international and external economic relations;

4) establish external economic organizations and representative offices of the city abroad;

5) Within his/her competence, and in accordance with the international practice, take part in negotiations, and in treaty-making with diplomatic and other missions of foreign states and international organizations, located on the territory of Moscow;

6) Come into contact with diplomatic and other missions of Russia abroad on the issues concerning interests of the City of Moscow;

7) Represent Moscow in international and inter regional relations, including, official protocol events conducted at federal level.

2. The Mayor of Moscow has the right to delegate some of the above-listed powers to the Moscow Government and its officials.

3. The Mayor of Moscow annually informs the Moscow City Duma about international, external economic, and inter regional relations of the City.

Article 79. Powers of the Moscow executive bodies concerning international, external economic, and inter regional relations issues

1. Bodies of the Moscow executive power in accordance with the federal legislation and the laws of Moscow shall have power to:

1) establish directly international, external economic, and inter regional relations with the bodies of executive power of the subjects of the Russian Federation, cities and regions of the foreign states, and other foreign partners;

2) within their authority to enter into treaties with the bodies of executive power of the subjects of the Russian Federation, local self-government bodies of their municipal formations, and with foreign partners;

3) take part in the work of international intergovernmental and non-governmental

organizations, the activities of which are aimed at solving the issues relating to city and municipal management, and inter municipal cooperation;

4) Develop international, external economic, and inter regional relations of other kind in the frameworks of the applicable laws and within their authority.

2. The bodies of the executive power of Moscow and their officials, while establishing international, external economic, and inter regional relations, must inform the Mayor of Moscow and the Moscow Government about the issues, concerning interests of the city.

Chapter 12. INTRODUCING AMENDMENTS TO THE STATUTE

(brought in by the Law of Moscow dd. 15.02.2006 N 11)

Article 79.1. Initiative on introducing amendments to the Statute

1. The Mayor of Moscow, deputies of the Moscow City Duma, representative bodies of the local self-government of the municipal formations, have the initiative to make amendments to the Statute.

2. The draft law of Moscow on introducing amendments to the Statute must contain the new version of a chapter (article, section or paragraph of the article) of the Statute, or a amended version of a chapter (article, section or paragraph of the article) of the Statute, or the clause on exclusion of a chapter (article, section or paragraph of the article) of the Statute.

3. The numbers of the chapters, articles, sections, paragraphs may not be changed.

4. The draft law of Moscow on introducing amendments to the Statute of Moscow, the initiative of which is vested in deputies of the Moscow City Duma, representative bodies of the local self-government of municipal; formations; during five days from the day of its introduction shall be submitted to the Mayor of Moscow for a decision and shall be considered at the meeting of the Moscow City Duma after the decision was made. The decision of the Mayor must be presented during thirty five days from the day of the introduction of the draft law of Moscow.

Article 79.2. The procedure of introducing amendments to the Statute

1. The draft law of Moscow on introducing amendments to the Statute shall be adopted in the course of the first reading by a majority of votes from the established number of the deputies of the Moscow City Duma. The amendments to the draft law of Moscow on introducing amendments to the Statute shall be adopted by a majority of votes from the established number of the deputies of the Moscow City Duma.

2. The law of Moscow on introducing amendments to the Statute shall be adopted by a majority of votes not less than 2/3 of votes from the established number of the deputies of the Moscow City Duma.

3. If the Moscow City Duma votes down the draft law of Moscow on introducing amendments to the Statute, the proposal concerning similar amendments to the Statute shall not be submitted to the Moscow City Duma earlier than in a year from the day of the rejection of the draft law of Moscow. The provisions of this section do not apply to making amendments to Chapter 12.1 of the Statute.

4. The law of Moscow on introducing amendments to the Statute shall be signed by the Mayor of Moscow during fourteen days once he/she receives it. During the above mentioned period the Mayor of Moscow shall have power to veto the law of Moscow on introducing amendments to the Statute, adopted by the Moscow City Duma, and submit it to the Moscow City Duma for reconsideration with the reasoned decision on its rejection, or proposals concerning amendments or additions to it.

5. The law of Moscow on introducing amendments to the Statute sent by the Mayor of Moscow for reconsideration and approved by the Moscow City Duma in the previously adopted version, shall be subject to singing by the Mayor of Moscow in three-days term once it was received.

Chapter 13. FINAL PROVISIONS

Article 80. Implementation of the Statute

1. The Statute shall be published in the city newspapers, official publications of the Moscow City Duma and bodies of executive power of Moscow, and shall be issued as a separate edition.

2. The Statute shall come into force in ten days after its promulgation.

Article 81. Excluded – Law of Moscow dd. 15.02.2006 N 11.

Article 82. Execution of the Statute and other legal acts of Moscow

1. The Statute and other legal acts of Moscow, that have come into force, are legally binding on all public authorities, local government bodies, organizations, public associations, located on the territory of Moscow, officials and population of Moscow.

2. The Statute and other legal acts of Moscow, as well as, legal acts of public authorities of Moscow, local government bodies and their officials, adopted within their competence, are subject to public protection in courts and other public bodies, in accordance with the federal laws and laws of Moscow.

3. Failure to comply with, or violation of the Statute and other legal acts of Moscow, imply legal accountability, provided for in the federal laws, or law of Moscow.

Article 83 Control over implementation of the Statute and other legal acts of Moscow

1. The Moscow City Duma, Mayor of Moscow, Moscow Government exercise control over implementation of the Statute and other legal acts of Moscow.

2. Special control is exercised by the inspection authorities of Moscow.

3. Excluded. – Law of Moscow dd. 15.02.2006 N 11.

Article 84. Disputes and Disagreements Settlement

1. The bodies of state power of Moscow are striving to settle disputes and disagreements through negotiations, consultations, with the help of conciliation commissions and other commissions, established on an equal footing, by means of other kind of conciliation, or juridically.

2. The disputes between the Moscow City Duma and the bodies of executive power of Moscow, concerning their competence, which can not be solved through conciliation, are settled before the Constitutional Court of the Russian Federation in accordance with article 125 of the Constitution of the Russian Federation.

Article 85. Keeping of the Statute

The Statute is executed in two counterparts, each of which has the same legal effect, they are kept in the Moscow City Duma and with the Mayor of Moscow.

Mayor of Moscow

Y. M. Luzhkov

Moscow, the Moscow City Duma

June 28, 1995

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