Appendix N 1
of 2005 dated
May 19 N 633 - Decision
CHARTER
OF <THE STAFF AND THE STRUCTURE OF MINISTRY OF TERRITORIAL ADMINISTRATION> THE REPUBLIC OF ARMENIA
I GENERAL PROVISION
1. Ministry of Territorial Administration of the Republic of Armenia (hereinafter, the Ministry) is the republicanexecutivebody that develops and implements the policy of government prescribed by the law, other legal acts and by this charter in the areas of its jurisdiction.
2. The Ministry is created and terminated by law.
3.The powers of the Ministryestablished by the laws, decrees of the President of the Republic of Armenia, decisions of the Government of the Republic of Armenia, the Republic of Armenia as well as international treaties.
4.The Ministry carries out its activities in accordance with the legislation of the Republic of Armenia and other legal acts.
5. The Ministry of the Republic of Armenia has round seal with the emblem of the Republic Armenia in Armenian language, symbol and other identification marks.
6. The Ministry system consists of minister, deputy ministers, advisers, press secretary, assistants, the staff, the public bodies among its subordinate and non-profit organizations.
7. The goals and objectives of.
1) The development of territorial policy of the Republic of Armenia and to ensure the implementation of it.
2) Ensuring the proportions of territorialdevelopment of the Republic of Armenia.
3) ensuring the implementation of social-economic development programs performed by the Marzpets.
4) increases the efficiency of activities of territorial bodies /Marzpets/ of the Republic of Armenia.
5) ensuring the implementation of a territorial governance in Yerevan city.
6) ensuring the development, performance of the general operations concerning of a united information system.
7) Within the scope of its jurisdiction gives proposals andensures the implementations of measures concerning European neighborhood policy.
8) ensuring the relationship between state and local-self governments.
9) ensuring the governance and the safe operation of the State-owned water systems.
10) ensuring the development and the implementation of the management policy of the water systems.
11) ensuring the state regulation of the policy of the migration processes.
12) ensuring the investment and future development of municipal service system in the Republic of Armenia;
13) ensuring preservation, collection and use of Armenian national archival materials.
II. FUNCTIONS
8. For implementation of its goals and objectives, the Ministry performs the following functions according to the order stipulated by the legislation of the Republic of Armenia:
1) Elaboration and monitoring of the implementation of territorial policy of the RA Government
2) elaboration of the draft laws and other legal acts for the legal regulation of the spheres of territorial administration and submission of the drafts for discussion to the RA Government and The RA Prime Minister
3) implementation of the administrative proceedings in accordance with the RA Law “On the administration and administrative proceedings”
4) receipt of the necessary information on territorial policy of the RA Government from other republican executive bodies, territorial administration and local self-government bodies
5) provision of the necessary information on the social-economical conditions of Marzes /regions/ to the RA Government and the RA Prime Minister
6) discussion of the social-economic development programs of Marzes and submmision of them to the RA Government
7) elaboration of the drafts of international agreements and territorial and local development programs or submission of initiatives to conclude or to join an international treaty
8) proceeding of the applications and complaints by the citizens regarding the activities of territorial and local self government bodies
9) elaboration of state policy in the sphere of community service
10) methological management and control over the community council staff, in established order and cases, examination of applications, proposals and complaints, maintainance of the community service staff’s reserve, observation of the training process for the community service staff and if necessary appellation to the court in the cases when the community service activities are anti-law bias demands
11) approval of annual plans concerning of the implementation of the legal and professional supervision and written consent for the implementation of the measures not included in the annual plan
12) implementation of legal supervision over the own or delegated authorities of the community's bodies
13) written consent for implementation of supervision over the delegated authorities upon the request of the supreme bodies of supervision of delegated authorities
14) exercise of authorities stipulated by the RA legislation during the implementation and formulation of communities' budgets
15) monitoring of the process of the community budget performance
16) provision of the consultation on issues connected with the exercise of own powers and powers delegated by state at the request of local self-government bodies
17) legal control over the decrees made by the local governors (Marzpets), and if necessary, submission of suggestion on revocation of these decrees to the Prime Minister
18) within the scope of its power evaluation of the Marzpets’ activities and summary of the evaluation performed by the other republican state bodies, and final publication of results
19) performance of power vested in Marzpets in Yerevan in accordance with the RA laws and other legal acts 20) management and implementation of the meetings with mass media and elaboration of the Information Policy of the Ministry
21) within the scope of its power cooperation with international organizations and representatives of foreign states
22) elaboration of the state policy concerning the national archive’s materials, design of the principles, rules, standards and implementation of monitoring
23) performance of other functions prescribed by the RA legislation.
III. MANEGEMENT
9. Ministry is managed by the Ministerof Territorial Administration of the Republic of Armenia (hereinafter the Minister), who is appointed and dismissed by the President of the Republic of Armenia upon the recommendation of the prime minister. Minister has got deputies, who are appointed and dismissed by the Prime Minister upon the recommendation of the Minister.
The Minister's activities are guided by the Constitution of the Republic of Armenia, Armenia's laws, regulations, other legal acts and international treaties.
10. The Minister, in entrusted areas,carries out the tasks and functions and authority of the Ministry, he/she is responsible for policy development and implementation of it,for present situation and future development.
11. The Minister is accountable to the President of the Republic of Armenia, the government of the Republic of Armenia and the Armenia Prime Minister.
12. Minister.
1) within his/her jurisdiction accepts and promulgates the /departmental/ legal acts.
2) manage the current activities of the Ministry, he/she is responsible for the implementation of tasks and functions of the Ministry.
3) in entrusted areas prescribed by the law, other legal acts and this charter and in accordance with his/her functions and goals makes proposals and recommendations to the Government of the Republic of Armenia,.
4) accepts legal acts /decisions/, approves the orders, instructions, and acts on behalf of Ministry or the Republic of Armenia without any letter of trust, as well as gives a power of attorney to act on behalf of Ministry or the Republic of Armenia, including the re-authorization.
5) in the cases and manner prescribed by the Law makes appointments to the Civil Service positions of the Ministry, as well as decides on incentives and disciplinary measures.
6) appoints and dismisses his/her advisors, press secretary and assistants.
7) in the areas prescribed by the legislation of the Republic of Armenia can make appointments to positions in other government agencies of the Ministry system, as well as decides on incentives and disciplinary measures.
8) in cases prescribed by the legislation gives his/her consent for making appointments to the position in other government agencies of the Ministry system.
9) In accordance with the law and this Charter determines the scope of liabilities between the structural units of the Ministry.
10) defines the distribution of work among his deputies.
11) within the scope of its authorities prescribed by the Law and this Charter, suspend or consider outdated the orders, instructions, mandate letters, assignments of his deputies, heads of the other agencies of the Ministry system, the Chief of Staff, the heads of the Ministry separate units, as well as non-profit organizations that are contradict to the legislation of the Republic of Armenia.
12) approves and submits to the conformation of the Government the annual reports and financial balance of the Ministry, examines the results of annual reports and approves the annual pre-balance of the Staff and other state bodies and examines the results of monitoring processes of implementation of it.
13) exercises supervision over the preservation and use of the state property.
14) submits to the Government of the Republic of Armenia the Charters and the structure statute of the other state bodies within the system of Ministry.
15) the number of Staff workers submits to confirmation to the Prime Minister of the Republic of Armenia;
16) gives orders and instructions to the regional governors /Marzpets/ concerning implementation of the territorial policy and supervises the implementation of it.
17) organizes the discussions upon the regional social-economic situation and reports of the annual and current activities of the governors and submits them to the Government of the Republic of Armenia in accordance with the legislation.
18) gives recommendations to the Prime Minister of the Republic of Armenia concerning the appointments of the governors /Marzpets/, their deputies, and in the cases of appointments of therepresentative acting on the behalf oflocal communities leader.
19) in cases prescribed by the Law grants the Armenia's civil service ranks.
20) establishes advisory bodies.
21)carries out other outhorities prescribed by Law, other legal acts and this Charter.
13.in cases of absence , upon the instruction /recommendation/ of the Minister one of the deputies may substitute him,
14. Deputy Minister.
1) in accordance with entrusted policy matter, coordinates the work of the ministrysystem in the assigned areas.
2) gives orders and instructions to the structural divisions concerning the implementation of the entrusted areas of policy and assigned areas of work.
3) with the assigned areas and in accordance with goals and objectives of the Ministry sets tasks and assignments to the structural divisions and supervises their implementation.
4) upon the assignment of the Minister takes initial discussions about the issues.
5) in assigned areascoordinates professional activities and the operational analysis, researches carried out by the bodies of the Ministry system.
6) within his/her scope of powers collaborates with governmental and other agencies, organizations and institutions.
7) in the assigned areas coordinates the works concerning the elaboration of the territorial development projects and implementation of them.
8) on regularly bases submits information to the Minister about the present situation concerning assigned matter.
9) takes control over the implementation of the commands and instructions of the Minister and informs about the results.
10) make recommendations to the Minister and the Chief of Staff concerning the issues of his/her competence.
11) performs other functions assigned by the Minister.
15. The minister has advisors, press secretary, assistants.
16.The Advisers,
1) with the consent of the Minister, make up their own business plans.
2) on regularly bases, in the assigned areas,submit periodic and analytical reports to the Minister about the present situation, phenomena and events and make recommendations regarding existing problems and solution of them.
3) organize citizens’reception.
4) upon the assignment of the Minister and on the issues related to their assigned areas participate in discussions provided by state and local government agencies, organizations,.
5) upon the decision of the Minister, may manage or participate in the activities of the Ministry's advisory bodies.
6) upon the decision of the Minister, in assigned questions,may invitethe consultations, discussions.
7) carry out any other instructions given by the Minister.
17.The Assistants of the Minister,
1) provide the organizational, informational and technical assistance to the Minister.
2) with the consent of the Minister, organizes the preparation of current and prospective work programs and submit them to the Minister.
3) take measures upon organization of the conferences, meetings, tours and travel preparation.
4) in collaboration with the workers of the structural divisions of the Ministry, prepare the information and analytical materials for the Minister.
5) prepare and submit proposals to the Minister about the business programs of the Ministry.
6) perform other instructions issued by the Minister.
18. Press Secretary
1) represents the official views of the Ministerto the Armenian's and foreign countries' mass media.
2) holdsthe conferences and briefings.
3) makes recommendations to the Minister upon the planning and implementation of its activities and then followthe implementation of them.
4) organizes press conferences and meetings of the Minister with representatives of the press and other mass media.
5) upon the assignment of the Minister may provide statements, clarifications, refutations.
6) perform other instructions issued by the Minister.
19. Minister assistants /referent/.
1) prepare speeches, letters, as well as other documents on behalf of the Minister.
2) carry out advisory and analytical work.
3) carry out special instructions of the Minister.
20. The Minister'sAdvisers, Assistants and Press secretary during the performance of the Minister instructions and orders cooperate with each other, the chief of staff, his/her deputies and heads of structural subdivisions:
20.1. For effective performance of ministry's tasks and functions Minister creates the Advisory board, which..
1) supports to the implementation of the activities, strategic planning, decision making, action planning processes.
2) contributes to the implementation of strategic plans, evaluation and participation of civil society in these processes.
3) develops and submits proposals aimed the increasing of the efficiency of management.
IV. MINISTRY STAFF
21. The purpose and task of the Staff of the ministry is the effective implementation of the duties prescribed by the laws, other legal acts and this charter, as well as to ensure the participation of civil law.
22.The Ministry staff is organization without legal entity status which is the subject to undergo registration by the registration legal entity in accordance with the established legislation procedure of the Legislation of RA.
23. The staff carries out its activities in accordance with the Civil Code of the Republic of Armenia, Law "State administrative institutions of the Republic of Armenia" , other laws and legal acts of the Republic of Armenia, international treaties and this Charter.
24.On behalf of The Republic of Armenia, Staff of the Ministry of the Republic of Armenia shall be able to acquire and exercise property rights and personal non-property rights, bear responsibilities, and act as plaintiff or defendant.
25. Ministry staff has a round seal and a letterhead featuring Republic of Armenia and of Armenia's coat of arms and its full name in Armenian, an emblem, symbol or other means of identification.
26. Ministry staff has an account balance on its own.
27. Ministry staff cannot carry out entrepreneurial activities. The functions and services rendered by the Ministry may be charged only the amount prescribed by the state tax law and order.
28. Ministry staff may carry out its financial transactions through the treasure system. Purchases for the Staff needs are made as prescribed by the Law of the Republic of Armenia ,,On Purchasing''.
29. The Republic of Armenia bears responsibility for the liabilitiesof the Ministry staff.
30.The name of the Staffis "The Staff of the Ministry of Territorial Administration" Public Institution.
31.The Staff of the Ministry has registered address. the Republic of Armenia, Yerevan, Republic Square, Government House N 2
V. THE PROPERTY OF THE STAFF
32.The property of the Ministry is legally formed by the Government of the Republic of Armenia submitted /attached/ to its possession, as well as obtained by the Ministry's transactions on behalf of the staff, and obtained possession including the property rights, which are recorded on its balance sheet. By the decision of the government the Staff can also be preserved with the power of possessing state stocks or shares.
33. Government of the Republic of Armenia shall have the right at any time of the taking back of the property given for possession.
34.The Staff of the Ministry is entitled the right to utilize and possess the property submitted to it in accordance with the aim of its activities and the property significance in the cases and procedure prescribed by the Law, other legal acts and this Charter.
VI. THE STRUCTURE OF THE STAFF
35. Ministry staff includes structural subdivision (departments, divisions, Secretariat) and separate departments (agencies, inspectorates).
36.The Competences of the separate departments of the Ministry approved by the Government of the Republic of Armenia according to the recommendation of the Minister.
37. In accordance with the Law, and in some cases prescribed by the legislation the separate departments of the Ministry are the bodies which provide the services or apply control and sanctions.
38.The separate departments of the Ministry also performs the separate functions or the part of them and acts on behalf of the Republic of Armenia.
39.The separate departmentsof the Ministry, on behalf of the Republic of Armenia, has the right to acquire and exercise property and personal non-property rights, bear responsibilities, to act as a plaintiff or defendant.
40. The separate departments of the Ministry of the Republic of Armenia has a round seal and a letterhead featuring Republic of Armenia and of Armenia's coat of arms and its full name in Armenian, an emblem, symbol or other means of identification.
VII. MANAGEMENT OF STAFF
41.The Staff of the Ministry is governed by the Government and by the Minister in accordance with the Law and in accordance with the authorities and limits vested by this Charter.
Ministry staff led by Chief of Staff:
42. Government of the Republic of Armenia.
1) reorganize and suspend the activities of the Staff.
2) approves the Staff Charter and all subsequent amendments.
3) determines the composition and size of the property being transferred to the Ministry staff.