THE CHARTER (BASIC LAW) OF OMSK REGION
Adopted
By Resolution
Legislative Assembly of the Omsk region
December 26, 1995 N 193
List of amending documents
(ed. Laws of the Omsk region
05.12.2003 № 484-OZ, 04.05.2005 № 632-OZ, 27.12.2007 № 1003-OZ,
24.11.2008 № 1095-OZ, 06.04.2010 № 1251-OZ, 02.07.2010 № 1267-OZ,
dated 05.12.2011 No. 1409-OZ, dated 28.06.2012 No. 1456-OZ, dated 06.12.2012 No. 1490-OZ,
08.04.2013 № 1525-OZ, 29.06.2017 № 1984-OZ, 22.03.2018 № 2055-OZ,
from 26.02.2020 № 2240-OZ, from 18.06.2020 № 2280-OZ, from 28.10.2020 № 2312-OZ,
from 28.09.2022 № 2509-OZ)
Chapter 1. GENERAL PROVISIONS
Article 1: State and Legal Status of the Omsk Oblast
- The Omsk Oblast is a social secular legal state-territorial entity, an equal subject of the Russian Federation, the status of which is determined by the Constitution of the Russian Federation and this Charter.
(amended by the Law of the Omsk region dated 24.11.2008 № 1095-OZ)
- The Omsk Oblast is an integral part of the Russian Federation. The borders of the Omsk Oblast with other subjects of the Russian Federation may not be changed without its consent.
(as amended by the Law of Omsk region from 27.12.2007 № 1003-OZ)
- State power of the Omsk region shall be exercised by the bodies of state power formed by it.
Article 2: People's power
- The people shall exercise their power directly, as well as through the bodies of state power and bodies of local self-government.
- Referendum and free elections are the supreme direct expression of the power of the people.
- Public authorities of the Omsk region and local self-government bodies of the Omsk region are controlled by the people in their activities.
- No one may acquire power in the Omsk Oblast other than in accordance with the procedure provided for by the Constitution of the Russian Federation and the present Charter.
Article 3: Human and civil rights and freedoms
- Man, his rights and freedoms are the supreme value.
- Human and civil rights and freedoms enshrined in the Constitution of the Russian Federation are protected and ensured on the territory of the Omsk Oblast.
- The Omsk Oblast shall have the right to establish additional guarantees to ensure human and civil rights and freedoms provided for by the Constitution of the Russian Federation.
- Observance and protection of human and civil rights and freedoms on the territory of the Omsk Region are the responsibility of the Omsk Region government authorities and the Omsk Region Commissioner for Human Rights.
(amended by the Law of the Omsk region dated 24.11.2008 № 1095-OZ)
Article 4: The Omsk Oblast is a social state-territorial entity
- The Omsk Oblast is a social state-territorial entity, the policy of which is aimed at creating conditions that ensure a decent life and free development of a person.
- Public authorities of the Omsk region and local self-government bodies of the Omsk region are obliged to fully promote the creation of conditions for improving the living standards of the population.
(item 2 in edition of the Law of the Omsk region from 04.05.2005 № 632-OZ)
- In the Omsk region people's labor and health are protected, the guaranteed minimum wage, state support of family, motherhood, fatherhood and childhood, disabled and elderly citizens, the system of social services and other forms of social protection of citizens are developed.
Article 5. Deleted. - Law of the Omsk Oblast of 27.12.2007 No. 1003-OZ.
Article 5. Economic freedom and equality of forms of ownership
- The Omsk Oblast is part of the common economic space of the Russian Federation and guarantees on its territory the free movement of goods, services and financial resources, support for competition and freedom of economic activity.
- State, municipal, private and other forms of property are equally recognized and protected in the Omsk Oblast.
Article 6: Separation of Powers
State power of the Omsk region shall be exercised on the basis of division into legislative, executive and judicial. Bodies of legislative, executive and judicial power of the Omsk region are independent.
Article 7: System of public authorities of the Omsk Oblast, other public authorities of the Omsk Oblast
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
- The system of public authorities of the Omsk region, other state bodies of the Omsk region shall be established by it independently in accordance with the foundations of the constitutional system of the Russian Federation, federal laws.
- The system of state power bodies of the Omsk region shall consist of: Legislative Assembly of the Omsk region; the Governor of the Omsk region; the Government of the Omsk region; other bodies of state power of the Omsk region, formed in accordance with this Charter.
- The state power of the Omsk region may not be exercised by bodies formed in violation of this Charter, federal and regional legislation.
Article 8: Local Self-Government
Local self-government shall be recognized and guaranteed in the Omsk Oblast. Local self-government within the limits of its powers is independent. Local self-government bodies of the Omsk Oblast are not included in the system of state authorities of the Omsk Oblast.
(amended by the Law of the Omsk region dated 24.11.2008 № 1095-OZ)
Article 9: Ideological and political diversity
- Ideological diversity shall be recognized in the Omsk region. No ideology may be established as a state ideology or mandatory.
- Omsk region recognizes political diversity and multiparty system.
- No public association may be patronized or supported by public authorities of the Omsk region, other public authorities of the Omsk region, local self-government bodies of the Omsk region, except in cases provided for by federal and regional law.
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
Article 10. The Omsk Region is a secular state-territorial entity
- The Omsk Region is a secular state-territorial entity. No religion on the territory of the Omsk region can be established as a state or compulsory religion.
- Religion is a private affair of every person. Everyone may profess any religion or no religion, freely perform religious rites, provided they are not prohibited by law and do not violate human rights.
- Religious associations shall be separated from the State and shall be equal before the law. State and municipal educational organizations shall ensure the secular nature of education.
(in edition of the Law of the Omsk region from 29.06.2017 № 1984-OZ)
Article 11: The Omsk Oblast is a legal state-territorial entity
- The Omsk Oblast is a legal state-territorial entity. All public authorities, other state bodies, local self-government bodies of the Omsk region, organizations, public associations, officials and citizens located on the territory of the Omsk region act in strict compliance with the Constitution of the Russian Federation, the present Charter, federal and regional legislation.
(item 1 in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
- Human and civil rights and freedoms are directly effective. They determine the meaning, content and application of the regional legislation, activities of state authorities and local self-government bodies of the Omsk region, and are ensured by justice.
(in edition of the Law of the Omsk region from 24.11.2008 № 1095-OZ)
- Outside the limits of the jurisdiction of the Russian Federation, joint jurisdiction of the Russian Federation and the subjects of the Russian Federation, this Charter shall have supreme legal force. This Charter shall have direct effect on the entire territory of the Omsk region.
- Laws and other normative legal acts adopted in the Omsk region shall not contradict this Charter.
- Laws and other normative legal acts of the Omsk region shall be subject to official publication. The order of publication of regional laws and resolutions of the Legislative Assembly of the Omsk region is established by the present Charter and the regional law. The order of publication of legal acts of the Governor of the Omsk region, the Government of the Omsk region, other bodies of executive power of the Omsk region (executive bodies of the Omsk region) is established by the Governor of the Omsk region. Unpublished laws and other normative legal acts of the Omsk region shall not be applied.
(in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
Article 12: Relations of the Omsk Oblast with other subjects of the Russian Federation
- The Omsk region independently concludes economic, social, cultural and other agreements with other subjects of the Russian Federation in accordance with the Constitution of the Russian Federation, this Charter, federal and regional legislation.
- The Omsk Oblast shall have the right to participate in the establishment of and be a member of associations, unions and agreements of constituent entities of the Russian Federation.
- The Omsk Oblast, in accordance with the Constitution of the Russian Federation and federal constitutional law, has the right to consider the issue of voluntary unification with other subjects of the Russian Federation.
(in edition of the Law of the Omsk region from 27.12.2007 № 1003-OZ)
Article 13: Changes in the state-legal status of the Omsk Region
- No one can change the state-legal status of the Omsk Region unilaterally.
- The state-legal status of the Omsk Region may be changed by mutual consent of the Russian Federation and the Omsk Region in accordance with the federal constitutional law.
Article 14. Guarantees of the state-legal status of the Omsk Region
- In accordance with the Constitution of the Russian Federation and federal law, the Omsk Oblast participates in the formation of the bodies of state power of the Russian Federation.
- The Legislative Assembly of the Omsk region has the right to submit draft laws of the Russian Federation on amendments to the Constitution of the Russian Federation, draft federal constitutional laws, draft federal laws to the State Duma of the Federal Assembly of the Russian Federation and amendments to the said draft laws under consideration of the State Duma of the Federal Assembly of the Russian Federation in the manner provided for by the Constitution of the Russian Federation, federal laws, Regulations of the State Duma of the Federal Assembly of the Russian Federation.
(item 2 in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
- The Omsk Region has permanent representatives to the Federal Assembly of the Russian Federation and the Government of the Russian Federation.
Chapter 2: SECURING AND PROTECTING HUMAN AND CITIZEN RIGHTS AND FREEDOMS
Article 15. Social function of public authorities of the Omsk region
- Public authorities of the Omsk region carry out their activities for the common good, ensure the safety of people, protect the rights and freedoms of man and citizen.
- Respect for human dignity, full, unconditional and immediate protection of human and civil rights and freedoms shall be the duty of public authorities of the Omsk region and their officials.
- Officials of public authorities of the Omsk region are obliged to act in the interests of the entire population, not any part of it.
(in edition of the Law of the Omsk region from 27.12.2007 № 1003-OZ)
Article 16. The right to establish and reform public authorities of the Omsk Oblast and local self-government bodies of the Omsk Oblast
The population has an inalienable and indisputable right, in accordance with this Charter, to create and reform the bodies of state power of the Omsk Oblast and the bodies of local self-government of the Omsk Oblast for the common good.
(in edition of the Law of the Omsk region from 27.12.2007 № 1003-OZ)
Article 17. Participation of citizens in the exercise of state power and local self-government in the Omsk Region
- Citizens have the right to participate in the management of affairs of the Omsk region both directly and through their representatives.
- Citizens in accordance with the federal and regional law have the right to elect and be elected to the bodies of state power of the Omsk region and local self-government bodies of the Omsk region.
Article 18. Ensuring human and civil rights and freedoms
- Public authorities of the Omsk region are responsible to the population.
(in edition of the Law of the Omsk region from 27.12.2007 № 1003-OZ)
- The exercise of human and civil rights and freedoms shall not violate the rights and freedoms of others.
- Human and civil rights and freedoms may be restricted only by federal law in accordance with the Constitution of the Russian Federation.
- Laws and other normative legal acts of the Omsk region shall not limit the realization of human and civil rights and freedoms in accordance with the Constitution of the Russian Federation.
Article 19. Protection of human and civil rights and freedoms
- In accordance with the Constitution of the Russian Federation:
1) everyone has the right to protect his or her rights and freedoms, as well as the rights and freedoms of others, by any means provided by law;
2) everyone shall have the right, in accordance with international treaties of the Russian Federation, to apply to interstate bodies for the protection of human and civil rights and freedoms;
3) everyone is guaranteed the right to qualified legal assistance;
4) everyone has the right to organize in trade unions for the protection of their economic, labor and social rights and freedoms, as well as their legitimate interests.
- The public authorities of the Omsk region shall ensure the protection of human and civil rights and freedoms throughout the Omsk region.
Article 20. Omsk Region Commissioner for Human Rights
(introduced by the Omsk Oblast Law No. 1003-OZ of 27.12.2007)
- In order to ensure additional constitutional guarantees of human and civil rights and freedoms in the territory of the Omsk Region, the position of the Omsk Region Commissioner for Human Rights shall be established.
(ed. Laws of the Omsk region from 18.06.2020 № 2280-OZ, from 28.09.2022 № 2509-OZ)
- The Omsk Region Commissioner for Human Rights is appointed to office upon recommendation of the Governor of the Omsk Region and is dismissed from office by the Legislative Assembly of the Omsk Region in accordance with federal and regional law.
(item 2 in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
- Legal regulation of the activities of the Omsk Region Commissioner for Human Rights is carried out by federal and regional law.
(in edition of the Law of the Omsk region from 18.06.2020 № 2280-OZ)
Article 21. Social partnership in the sphere of labor in the Omsk Region
(in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
- The Omsk Region supports the development of social partnership in the field of labor on the basis of cooperation of the Omsk Region government authorities, local self-government bodies of the Omsk Region, employers, trade unions, as well as other public associations.
(in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
- Relations of social partnership in the sphere of labor on the territory of the Omsk region are carried out in accordance with the federal and regional legislation.
(ed. Laws of the Omsk region dated 27.12.2007 № 1003-OZ, dated 28.09.2022 № 2509-OZ)
Chapter 3: STATE-TERRITORIAL CONSTRUCTION OF THE OMA OBLAST
Article 22. Deleted. - Law of the Omsk Oblast of 27.12.2007 No. 1003-OZ
Article 22. Administrative-territorial structure of the Omsk Region
- The Omsk Region independently determines its administrative-territorial structure.
The administrative-territorial structure of the Omsk region consists of administrative-territorial formations and settlements. The administrative-territorial formations of the Omsk region include: districts of the Omsk region - Azov German National, Bolsherechensky, Bolsheukovsky, Gorky, Znamensky, Isilkulsky, Kalachinsky, Kolosovsky, Kormilovsky, Krutinsky, Lyubinsky, Maryanovsky, Moskalensky, Muromtsevsky, Zyvaevsky, Nizhneomsky, Novovarshavsky, Odessa, Okoneshnikovsky, Omsk, Pavlogradsky, Poltava, Russian-Polyansky, Sargatsky, Sedelnikovsky, Tavrichesky, Tarsky, Tevrizsky, Tyukalinsky, Ust-Ishim, Cherlaksky, Sherbakulsky; cities of regional significance: Omsk, Isilkul, Kalachinsk, Nazyvaevsk, Tara, Tyukalinsk. (ed. The Law of the Omsk region dated 12/27/2007 No. 1003-OZ)- The administrative center of the Omsk region is the city of Omsk.
(ed. The Law of the Omsk region dated 12/27/2007 No. 1003-OZ)
- The procedure for the creation, reorganization and abolition of administrative-territorial entities of the Omsk region, as well as other issues of the administrative-territorial structure of the Omsk region are regulated by the regional law.
- The local self-government bodies of the Omsk region participate in resolving issues of the administrative and territorial structure of the Omsk region in accordance with the procedure established by the regional law.
- No administrative-territorial entity or other part of the Omsk region can unilaterally withdraw from its composition. The change of the borders of the Omsk region is carried out on the basis of a referendum of the Omsk region, by mutual agreement of the Omsk region and the corresponding adjacent subject of the Russian Federation.
Article 23. Symbols of the Omsk region
Omsk region as a state-territorial entity has a flag, coat of arms, and anthem. Their description and the procedure for official use are established by the regional law.
Article 24. Powers of the public authorities of the Omsk region
(ed. The Law of the Omsk region dated 12/27/2007 No. 1003-OZ)
- The powers exercised by the state authorities of the Omsk Region in the subjects of jurisdiction of the subjects of the Russian Federation are determined by the Charter (Basic Law) of the Omsk Region, regional laws and other regulatory legal acts of the Omsk Region adopted in accordance with them.
- The powers exercised by the state authorities of the Omsk region on subjects of joint jurisdiction of the Russian Federation and the subjects of the Russian Federation are determined by the Constitution of the Russian Federation, federal laws, agreements on the delimitation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the subjects of the Russian Federation, agreements, regional laws.
(ed. The Law of the Omsk region dated 09/28/2022 No. 2509-OZ)
- The state authorities of the Omsk Region exercise separate powers in the subjects of jurisdiction of the Russian Federation, determined by federal laws, normative legal acts of the President of the Russian Federation and the Government of the Russian Federation issued in accordance with them, as well as agreements.
Article 26. Excluded. - The Law of the Omsk region dated 12/27/2007 No. 1003-OZ.
Article 25. Subjects of the Omsk region
- Outside the jurisdiction of the Russian Federation and the powers of the Russian Federation in matters of joint jurisdiction of the Russian Federation and the Omsk Region, the Omsk Region has full state authority on its territory.
- The Omsk Region is responsible for:
1) adoption and amendment of the Charter (Basic Law) of the Omsk region, laws and other regulatory legal acts of the Omsk region, control over their observance and execution;
(ed. The Law of the Omsk region dated 09/28/2022 No. 2509-OZ)
2) establishment of the system of public authorities of the Omsk region, other state bodies of the Omsk region, the procedure for their formation, organization, activity; formation of public authorities of the Omsk region, other state bodies of the Omsk region;
(ed. Laws of the Omsk region dated 12/27/2007 No. 1003-OZ, dated 09/28/2022 No. 2509-OZ)
3) organization of the state civil service of the Omsk region;
(para. 3 in wording of the Law of Omsk region from 27.12.2007 № 1003-OZ)
4) administrative-territorial structure of the Omsk region;
5) property of the Omsk region, its management and disposal;
6) determination and implementation of the state policy of the Omsk region, adoption of regional programs in the sphere of state, economic, social, environmental and cultural development;
(as amended by the Law of Omsk region from 27.12.2007 № 1003-OZ)
7) financial, credit policy within the limits established by federal legislation;
8) regional budget;
(item 8 in edition of the Law of the Omsk region from 04.05.2005 № 632-OZ)
9) regional energy, transportation, information, engineering and other life support systems;
10) international and foreign economic relations of the Omsk region;
11) determination and realization of the state policy of the Omsk region in the spheres of health care, social protection of the population, education, culture, physical culture and sports;
(para. 11 in wording of the Law of Omsk region from 27.12.2007 № 1003-OZ)
12) establishment of honorary titles, state prizes and awards of the Omsk region;
13) other issues not included in the subjects of jurisdiction of the Russian Federation and subjects of joint jurisdiction of the Russian Federation and the Omsk region on the basis of the Constitution of the Russian Federation.
Article 26. Delimitation of subjects of jurisdiction and powers, transfer of the exercise of part of powers
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
- Bodies of state power of the Omsk region in accordance with the Constitution of the Russian Federation, federal laws and agreements on delimitation of subjects of authority and powers between bodies of state power of the Russian Federation and bodies of state power of subjects of the Russian Federation participate in delimitation of subjects of authority and powers between federal bodies of state power, bodies of state power of the Omsk region and bodies of local self-government of the Omsk region.
- The executive authorities of the Omsk region (executive bodies of the Omsk region) and federal executive authorities may, by mutual agreement, transfer to each other the exercise of part of their powers, if this does not contradict the Constitution of the Russian Federation and federal laws.
Article 27. Legal regulation on subjects of joint jurisdiction of the Russian Federation and the Omsk Region
- On subjects of joint jurisdiction of the Russian Federation and the Omsk region laws and other normative legal acts of the Omsk region shall be adopted in accordance with federal laws issued on subjects of joint jurisdiction of the Russian Federation and the Omsk region.
- Laws and other normative legal acts of the Omsk region may not contradict federal laws issued on subjects of joint jurisdiction of the Russian Federation and the Omsk region. In case of such contradiction, the federal law shall apply.
- The Omsk Region has the right to carry out its own legal regulation on the subjects of joint jurisdiction prior to the adoption of federal laws. After the adoption of the relevant federal law, laws and other normative legal acts of the Omsk Region are subject to harmonization with this federal law.
Article 28. Legal regulation on the subjects of jurisdiction of the Omsk Oblast
- Outside the limits of the jurisdiction of the Russian Federation and subjects of joint jurisdiction of the Russian Federation and the Omsk region, the Omsk region carries out legal regulation independently.
- The normative legal act of the Omsk region, adopted on the subjects of jurisdiction of the Omsk region, on its territory has supremacy. In case of contradiction between the federal law and the normative legal act of the Omsk region adopted in accordance with this article, the normative legal act of the Omsk region shall prevail.
(ed. Laws of the Omsk Region No. 1003-OZ dated 27.12.2007, No. 1095-OZ dated 24.11.2008)
Article 31. Deleted. - Law of the Omsk Oblast of 27.12.2007 No. 1003-OZ
Article 29. System of regional legislation
- The system of provincial legislation includes:
- The Charter (Basic Law) of the Omsk Region;
- laws of the Omsk region (regional laws);
- resolutions of the Legislative Assembly of the Omsk Region of normative nature;
- decrees of the Governor of the Omsk Region;
- resolutions of the Government of the Omsk Region;
- orders of executive authorities of the Omsk region (executive bodies of the Omsk region);
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
- orders of state bodies of the Omsk region, the decision to create which was made by the Governor of the Omsk region.
(paragraph introduced by the Omsk Region Law No. 2280-OZ of 18.06.2020)
- The Charter of the Omsk region is the Basic Law of the Omsk region. Regional laws, resolutions of the Legislative Assembly of the Omsk region, decrees of the Governor of the Omsk region, resolutions of the Government of the Omsk region shall not contradict this Charter. In case of their contradiction the present Charter shall be in force.
- Resolutions of the Legislative Assembly of the Omsk region, decrees of the Governor of the Omsk region, resolutions of the Government of the Omsk region must not contradict the regional law. In case of their contradiction the regional law shall be in force.
- Orders of executive authorities of the Omsk region (executive bodies of the Omsk region) shall not contradict the present Charter, regional laws, resolutions of the Legislative Assembly of the Omsk region, decrees of the Governor of the Omsk region, resolutions of the Government of the Omsk region.
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
4.1. Orders of state bodies of the Omsk region, the decision on creation of which is made by the Governor of the Omsk region in accordance with Article 58.1 of the present Charter, shall not contradict the present Charter, regional laws, resolutions of the Legislative Assembly of the Omsk region, decrees of the Governor of the Omsk region, resolutions of the Government of the Omsk region.
(item 4.1 introduced by the Law of the Omsk Oblast of 18.06.2020 No. 2280-OZ)
- The procedure of preparation, adoption, publication, coming into force, validity, interpretation, accounting and systematization of normative legal acts of the Omsk region is determined by the regional law.
Article 30. Obligation to comply with and enforce provincial legislation
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
All public authorities, other state bodies, local self-government bodies of the Omsk region, organizations, public associations, officials and citizens located on the territory of the Omsk region are obliged to observe and execute the present Charter, laws and other normative legal acts of the Omsk region adopted within the authority of the Omsk region.
Article 31. Forms of direct people's power
- The most important issues of public life may be submitted to a referendum of the Omsk region, a popular discussion, a population poll, which are appointed by the Legislative Assembly of the Omsk region.
- In accordance with federal law, only issues under the jurisdiction of the Omsk region or under the joint jurisdiction of the Russian Federation and the Omsk region may be submitted to a referendum of the Omsk region, if the said issues are not regulated by the Constitution of the Russian Federation, federal law.
- The initiative to hold a referendum of the Omsk region belongs to the citizens of the Russian Federation who have the right to participate in the referendum and whose place of residence is located on the territory of the Omsk region. The initiative to hold a popular discussion, population poll belongs to the population, the Legislative Assembly of the Omsk region, the Governor of the Omsk region.
(ed. Laws of the Omsk region dated 27.12.2007 № 1003-OZ, dated 28.09.2022 № 2509-OZ)
- The decision adopted at the referendum of the Omsk region is binding, does not need additional approval and is valid on the entire territory of the Omsk region.
- The procedure for holding a referendum of the Omsk region shall be established by federal and regional law. The procedure for holding a popular discussion, poll of the population shall be established by the regional law.
Chapter 4. LEGISLATIVE ASSEMBLY OF OMSK REGION
Article 32. Legislative Assembly of the Omsk region
- The Legislative Assembly of the Omsk region is the permanent supreme and the only legislative (representative) body of state power of the Omsk region, the status of which is determined by the Constitution of the Russian Federation, federal law, the present Charter and the regional law.
The term of office of deputies of the Legislative Assembly of the Omsk region of one convocation shall be five years. The powers of the Legislative Assembly of the Omsk region may be terminated ahead of schedule in cases and in the manner prescribed by the federal law.
(ed. Laws of the Omsk region dated 04.05.2005 № 632-OZ, dated 27.12.2007 № 1003-OZ, dated 28.09.2022 № 2509-OZ)
- Expenses for ensuring the activities of the Legislative Assembly of the Omsk region are provided for in the regional budget separately from other expenses in accordance with the budget classification of the Russian Federation.
(para. 2 in the wording of the Law of Omsk region from 27.12.2007 № 1003-OZ)
Article 33. Composition and order of formation of the Legislative Assembly of the Omsk Region
- The Legislative Assembly of the Omsk Region consists of 44 deputies.
(item 1 in edition of the Law of the Omsk region from 04.05.2005 № 632-OZ)
- Deputies of the Legislative Assembly of the Omsk region are elected by citizens of the Russian Federation residing on the territory of the Omsk region and possessing active suffrage in accordance with the federal law, on the basis of universal equal and direct suffrage by secret ballot for a term of five years.
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
- The procedure for preparing and holding elections of deputies to the Legislative Assembly of the Omsk Region shall be established by federal and regional law.
(ed. Laws of the Omsk region dated 04.05.2005 № 632-OZ, dated 27.12.2007 № 1003-OZ, dated 28.09.2022 № 2509-OZ)
Article 34. Deputy of the Legislative Assembly of the Omsk Region
- A citizen of the Russian Federation, permanently residing in the Russian Federation, who does not have citizenship (nationality) of a foreign state or a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation on the territory of a foreign state, who has passive suffrage, who has reached the age of 21 on the day of voting in the elections of deputies of the Legislative Assembly of the Omsk region, may be elected a deputy of the Legislative Assembly of the Omsk region.
(para. 1 in wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
- The legal status of a deputy of the Legislative Assembly of the Omsk Region shall be determined by the federal law, the present Charter and the regional law. The issue of work of a deputy of the Legislative Assembly of the Omsk region on a professional (permanent) basis shall be resolved in accordance with the federal and regional law. Guarantees of pension provision of a deputy of the Legislative Assembly of the Omsk region shall be established by the regional law.
(in editions of the Laws of the Omsk region from 04.05.2005 № 632-OZ, from 28.09.2022 № 2509-OZ)
Requirements and restrictions related to the exercise of powers of deputies of the Legislative Assembly of the Omsk Region shall be established by federal law.
(paragraph introduced by the Omsk Oblast Law No. 1003-OZ of 27.12.2007)
- Early termination of powers of a deputy of the Legislative Assembly of the Omsk Region shall be carried out on the grounds and in accordance with the procedure established by federal and regional law.
Article 35. Guarantees of activity of a deputy of the Legislative Assembly of the Omsk Region
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
The guarantees of the activity of a deputy of the Legislative Assembly of the Omsk Region shall be established by federal and regional law.
Article 36. Procedure for the activity of the Legislative Assembly of the Omsk Region
- The Legislative Assembly of the Omsk region shall meet for the first session not later than three weeks after the election (pre-election) of deputies (deputy) of the Legislative Assembly of the Omsk region. The Governor of the Omsk region may call the first meeting of the Legislative Assembly of the Omsk region before the expiration of this term.
- The Legislative Assembly of the Omsk region shall be entitled to exercise its powers if at least two thirds of the established number of deputies of the Legislative Assembly of the Omsk region are elected to it.
(para. 2 in the wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
- The first session of the Legislative Assembly of the Omsk Region is opened by the oldest deputy.
- The procedure for convening and holding meetings of the Legislative Assembly of the Omsk Region shall be established by its Rules of Procedure.
Article 37. Structure and organization of activities of the Legislative Assembly of the Omsk Region
- The activity of the Legislative Assembly of the Omsk region is organized by the Chairman of the Legislative Assembly of the Omsk region and his deputy (deputies), elected from among the deputies by secret ballot. The Chairman of the Legislative Assembly of the Omsk region, his deputy (deputies) lead the meetings, manage the internal order, direct the activities of the apparatus of the Legislative Assembly of the Omsk region, are accountable to the Legislative Assembly of the Omsk region and can be dismissed by it.
- Committees (commissions) shall be formed from among the deputies of the Legislative Assembly of the Omsk region to conduct legislative work, preparation and consideration of issues within the competence of the Legislative Assembly of the Omsk region, as well as for the implementation of control functions by the Legislative Assembly of the Omsk region. The activity of committees (commissions) of the Legislative Assembly of the Omsk region is determined by the regional law.
- The Legislative Assembly of the Omsk region, if necessary, may create temporary commissions and working groups.
Article 38. Powers of the Legislative Assembly of the Omsk Region
- Legislative Assembly of the Omsk Region:
1) adopts the Charter (Basic Law) of the Omsk Oblast and amendments thereto;
2) carries out legislative regulation on subjects of jurisdiction of the Omsk region and subjects of joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation within the authority of the Omsk region;
3) has the right of legislative initiative in the Federal Assembly of the Russian Federation;
(item 3 in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
4) approves the agreement on changing the boundary of the Omsk Region;
5) approves the draft agreement on delimitation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the Omsk region;
(item 5 in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
6) exercises control over observance and execution of regional laws, execution of the budget of the territorial state extra-budgetary fund of the Omsk region, observance of the established order of disposition of the property of the Omsk region;
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
7) approves the regional budget and the report on its execution, exercises control over the execution of the regional budget;
7.1) excluded. - Law of the Omsk region dated 02.07.2010 No. 1267-OZ;
8) appoints elections to the Legislative Assembly of the Omsk Region, elections of the Governor of the Omsk Region;
(item 8 in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
9) excluded. - Law of the Omsk region dated 28.06.2012 No. 1456-OZ;
9.1) makes a decision on distrust (confidence) in the Governor of the Omsk region in cases stipulated by the federal law;
(subparagraph 9.1 introduced by the Omsk Oblast Law No. 632-OZ of 04.05.2005)
9.2) hears an annual report on the results of the Omsk Region Government's activities, including on issues raised by the Legislative Assembly of the Omsk Region, submitted by the Governor of the Omsk Region or the Chairman of the Omsk Region Government (if such a position is established);
(item 9.2 in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
10) appoints a referendum of the Omsk region;
11)appoints justices of the peace of the Omsk region in accordance with the procedure established by federal and regional law;
(amended by the Law of the Omsk region dated 24.11.2008 № 1095-OZ)
12) appoints 50 percent of the members of the Election Commission of the Omsk Region;
13) makes a decision in accordance with federal legislation on granting the powers of a senator of the Russian Federation - representative of the Legislative Assembly of the Omsk region;
(ed. Laws of the Omsk region from 08.04.2013 № 1525-OZ, from 28.10.2020 № 2312-OZ)
14) appoints and dismisses the Chairman, Deputy Chairman and auditors of the Control and Accounts Chamber of the Omsk Region;
(para. 14 in wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
14.1) at the recommendation of the Governor of the Omsk Region, appoints and dismisses the Omsk Region Commissioner for Human Rights;
(subparagraph 14.1 introduced by the Omsk Oblast Law No. 1003-OZ of 27.12.2007)
15) establishes state awards of the Omsk region and honorary titles of the Omsk region;
(para. 15 in wording of the Law of Omsk region from 27.12.2007 № 1003-OZ)
16) exercises other powers established by the Constitution of the Russian Federation, federal law, this Charter and regional law.
- Excluded. - Law of the Omsk region of 28.10.2020 No. 2312-OZ.
- The Legislative Assembly of the Omsk region may take part in coordinating the appointment of heads of territorial bodies of federal executive authorities in cases provided for by federal law.
(para. 3 in the wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
Article 39. Legal acts adopted by the Legislative Assembly of the Omsk Region
- The Legislative Assembly of the Omsk region shall adopt laws, resolutions on subjects of jurisdiction of the Omsk region, as well as on subjects of joint jurisdiction of the Russian Federation and the Omsk region.
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
- Regional Law:
1) approves the conclusion and termination of contracts of the Omsk region;
2) establishes the administrative-territorial structure of the Omsk Oblast and the procedure for changing it;
3) establishes the basis for the organization and activities of the Legislative Assembly of the Omsk Region;
4) the procedure for implementation of strategic planning in the Omsk region in accordance with the federal legislation is approved;
(item 4 in edition of the Law of the Omsk region from 22.03.2018 № 2055-OZ)
5) establishes the procedure for managing and disposing of the property of the Omsk region, including shares (participatory interests, units) of the Omsk region in the charter (share) capitals of organizations;
(ed. Laws of the Omsk region dated 27.12.2007 № 1003-OZ, dated 28.09.2022 № 2509-OZ)
6) the regional budget and the report on its execution submitted by the Governor of the Omsk region or the Chairman of the Government of the Omsk region (in case of establishment of such position) are approved;
(ed. Laws of the Omsk region dated 27.12.2007 № 1003-OZ, dated 28.09.2022 № 2509-OZ)
7) the budget of the territorial state extrabudgetary fund of the Omsk region and the report on the execution of the budget of the territorial state extrabudgetary fund of the Omsk region are approved;
(para. 7 in wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
8) in accordance with the legislation of the Russian Federation on taxes and levies, taxes and levies are established, taxes and levies are enacted (terminated), tax rates (rates of levies), procedure and terms of payment of taxes and levies are determined, tax exemptions (levy exemptions) and (or) grounds and procedure for their application are established (canceled);
(item 8 in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
9) establishes the procedure for holding elections to the Legislative Assembly of the Omsk Region and the procedure for holding elections of the Governor of the Omsk Region;
(item 9 in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
10) establishes the procedure for appointing and holding a referendum of the Omsk Region;
11) within the limits of authority determined by federal law, establishes the procedure for holding elections to local self-government bodies on the territory of the Omsk region;
12) within the limits of powers determined by the federal law, vesting local self-government bodies of the Omsk region with separate state powers of the Omsk region is carried out;
(item 12 in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
13) the description and procedure for the official use of the symbols of the Omsk region are established;
14) other issues related to the jurisdiction and powers of the Omsk region in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, the present Charter and regional laws are regulated.
(para. 14 in wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
Article 40. The right of legislative initiative in the Legislative Assembly of the Omsk region
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
- The right of legislative initiative in the Legislative Assembly of the Omsk region belongs to:
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
1) citizens of the Russian Federation residing in the Omsk region and having active voting right in accordance with the federal law. The draft regional law, supported by 25 thousand of these citizens, is subject to mandatory consideration by the Legislative Assembly of the Omsk region;
2) deputies and committees of the Legislative Assembly of the Omsk Region;
3) To the Governor of the Omsk Region;
3.1) To the Government of the Omsk Region;
(subp. 3.1 introduced by the Law of the Omsk region from 27.12.2007 № 1003-OZ; in the edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
3.2) to the prosecutor of the Omsk region;
(item 3.2 in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
4) representative bodies of local self-government of the Omsk region.
- The proposal on introduction of amendments to the Charter (Basic Law) of the Omsk region shall be submitted to the Legislative Assembly of the Omsk region in the form of a draft regional law. The proposal on introduction of amendments to the Charter (Basic Law) of the Omsk region can be made by:
1) citizens of the Russian Federation residing in the Omsk region and possessing active voting rights in accordance with federal law, who have collected at least 50,000 signatures in support of their proposal;
2) a group of not less than one fifth of the established number of deputies of the Legislative Assembly of the Omsk Region;
3) Governor of the Omsk Region.
- Draft regional laws shall be submitted to the Legislative Assembly of the Omsk region. Draft regional laws, introduced by the Governor of the Omsk region, are considered on his proposal in the priority order.
- Draft regional laws on the establishment, enactment or termination of taxes (fees), on the change of tax rates (rates of fees), the procedure and term of payment of taxes (fees), the establishment (abolition) of tax benefits (benefits on fees) and (or) the grounds and procedure for their application, other draft regional laws providing for expenditures, the financial support of which is carried out at the expense of the regional budget, are considered by the Legislative Assembly of the Omsk region on the proposal of the Governor of the Omsk region or if there is a This conclusion is submitted to the Legislative Assembly of the Omsk region within twenty days from the date of the request of the Legislative Assembly of the Omsk region.
(para. 4 in the wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
Article 41. Procedure for adopting and amending the Charter (Fundamental Law) of the Omsk Region, regional laws, resolutions of the Legislative Assembly of the Omsk Region
- The Charter (Basic Law) of the Omsk region and amendments thereto shall be adopted by a majority of at least two-thirds of votes of the established number of deputies of the Legislative Assembly of the Omsk region.
- Regional laws shall be adopted by a majority of votes from the established number of deputies of the Legislative Assembly of the Omsk region, unless otherwise provided by federal law. Draft regional laws shall be considered by the Legislative Assembly of the Omsk region in at least two readings.
- In case of rejection of the regional law by the Governor of the Omsk region, the said law may be approved in the previously adopted version by a majority of at least two-thirds of votes of the established number of deputies of the Legislative Assembly of the Omsk region.
(para. 3 in the wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
- Resolutions of the Legislative Assembly of the Omsk Region shall be adopted by a majority of votes of the established number of deputies of the Legislative Assembly of the Omsk Region, unless otherwise provided for by federal law.
(para. 4 in the wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
Article 42. Procedure for promulgation of regional laws and resolutions of the Legislative Assembly of the Omsk Region
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
- The regional law within seven days after its adoption by the Legislative Assembly of the Omsk region shall be sent to the Governor of the Omsk region for signing and promulgation.
- The Governor of the Omsk region shall sign and promulgate the regional law within fourteen days from the date of receipt of the regional law in accordance with the procedure established by this Charter and the regional law.
- In case of rejection by the Governor of the Omsk region of a regional law within the period established by paragraph 2 of this Article, such law shall be returned to the Legislative Assembly of the Omsk region with a reasoned justification of its rejection or with a proposal to amend and supplement it.
- The rejected law shall be reconsidered by the Legislative Assembly of the Omsk region in accordance with the established procedure. If at reconsideration the specified law is approved in the previously adopted wording by the majority of not less than two thirds of votes from the established number of deputies of the Legislative Assembly of Omsk region, the Governor of Omsk region within seven days signs and promulgates it.
- The resolution of the Legislative Assembly of the Omsk region shall be signed by the Chairman of the Legislative Assembly of the Omsk region. Resolutions of the Legislative Assembly of the Omsk region of normative character are subject to obligatory publication.
Chapter 5. GOVERNOR OF THE OMSK REGION, EXECUTIVE AUTHORITIES OF THE OMSK REGION (EXECUTIVE BODIES OF THE OMSK REGION), OTHER STATE BODIES OF THE OMSK REGION, JUSTICES OF THE PEACE OF THE OMSK REGION
(в ред. Laws of Omsk region from 27.12.2007 № 1003-OZ,
from 26.02.2020 № 2240-OZ, from 28.09.2022 № 2509-OZ)
Article 43. Governor of the Omsk Region
- The Governor of the Omsk Region is the supreme official of the Omsk Region and exercises the leadership of the executive power in the Omsk Region.
(para. 1 in wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
- The Governor of the Omsk region is the guarantor of the Charter (Fundamental Law) of the Omsk region, human and civil rights and freedoms on the territory of the Omsk region. The Governor of the Omsk region ensures the constitutional and legal status of the Omsk region as an equal subject of the Russian Federation, observance of the Constitution of the Russian Federation, the Federal Treaty and the Charter (Fundamental Law) of the Omsk region on the territory of the Omsk region.
- The Governor of the Omsk region is elected by citizens of the Russian Federation residing on the territory of the Omsk region and possessing, in accordance with the federal law, active suffrage, on the basis of universal equal and direct suffrage by secret ballot for five years.
A citizen of the Russian Federation, permanently residing in the Russian Federation, who does not have citizenship (nationality) of a foreign state or a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation on the territory of a foreign state, who in accordance with the Constitution of the Russian Federation, federal law has passive suffrage and has reached the age of 30 years, may be elected Governor of the Omsk region.
Elections of the Governor of the Omsk region shall be held in accordance with federal laws, the present Charter and the regional law.
(para. 3 in the wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
- Issues related to the legal status and activities of the Governor of the Omsk Region shall be regulated by this Charter, federal and regional law.
(para. 4 in wording of the Law of Omsk region from 04.05.2005 № 632-OZ)
- Requirements and restrictions related to the exercise of powers of the Governor of the Omsk region shall be established by the Constitution of the Russian Federation and federal law.
(paragraph 5 introduced by the Law of the Omsk region from 28.06.2012 № 1456-OZ; in the edition of the Law of the Omsk region from 28.10.2020 № 2312-OZ)
Article 44. Excluded. - Law of the Omsk region of 28.06.2012 No. 1456-OZ.
Article 45. Taking office as Governor of the Omsk Region
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
- The Governor of the Omsk region shall begin to fulfill his powers from the day of taking office. Upon assuming office, the Governor of the Omsk region at a solemn meeting of the Legislative Assembly of the Omsk region shall take the following oath of allegiance to the people and the Constitution of the Russian Federation, the present Charter:
"I swear when exercising the powers of the Governor of the Omsk region to strictly comply with the Constitution of the Russian Federation and the Charter (Basic Law) of the Omsk region, federal and regional laws, to ensure and protect the rights and freedoms of man and citizen, to give all my strength and knowledge for the benefit of the population of the Omsk region and the Russian Federation".
- The term of office of the Governor of the Omsk region shall be calculated from the day he takes the oath of office. The Governor of the Omsk region terminates the execution of his powers with the expiration of his term in office from the moment of taking the oath of office by the newly elected Governor of the Omsk region.
- In case of election as Governor of the Omsk region of a citizen of the Russian Federation, filling at that moment the position of the Governor of the Omsk region, he again takes the oath.
Article 46. Гарантии деятельности Губернатора Омской области
(в ред. Закона Омской области от 28.09.2022 № 2509-ОЗ)
Guarantees of the activity of the Governor of the Omsk region shall be established by federal and regional law.
Article 47. Powers of the Governor of the Omsk Region
- Governor of the Omsk Region:
1) ensures and protects the rights and freedoms of citizens, law and order;
2) has the right of legislative initiative in the Legislative Assembly of the Omsk region, the right to submit to the Legislative Assembly of the Omsk region proposals for legislative initiative in the State Duma of the Federal Assembly of the Russian Federation;
3) represents the Omsk region in relations with the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation, the State Council of the Russian Federation, other bodies, organizations and officials and in the implementation of foreign economic relations within the competence of the Omsk region, has the right to sign contracts and agreements on behalf of the Omsk region;
4) Signs and promulgates or rejects regional laws;
5) organizes the execution of federal and regional laws;
6) ensures coordination of activity of executive authorities of the Omsk region (executive bodies of the Omsk region) with other public authorities of the Omsk region and in accordance with the legislation of the Russian Federation organizes interaction of executive authorities of the Omsk region (executive bodies of the Omsk region) with federal executive authorities and their territorial bodies, local self-government bodies, other bodies included in the unified system of public power in the Russian Federation;
7) determines the system and structure of the executive authorities of the Omsk region (executive bodies of the Omsk region) in accordance with this Charter;
8) forms the Government of the Omsk region and makes a decision on its resignation;
9) heads the Government of the Omsk region or appoints and dismisses the Chairman of the Government of the Omsk region;
10) determines the main activities of the Omsk Region Government;
11) submits to the Legislative Assembly of the Omsk region annual reports on the results of activities of the Government of the Omsk region, including on issues raised by the Legislative Assembly of the Omsk region;
12) annually submits to the Legislative Assembly of the Omsk Region a message on the state of affairs in the Omsk Region;
13) shall have the right to demand convocation of an extraordinary session of the Legislative Assembly of the Omsk region, as well as to convene the newly elected Legislative Assembly of the Omsk region for the first session earlier than the term established for the Legislative Assembly of the Omsk region by this Charter;
14) shall have the right to participate in the work of the Legislative Assembly of the Omsk region with the right of deliberative vote;
15) has the right to make a decision on early termination of powers of the Legislative Assembly of the Omsk region on the grounds and in the manner prescribed by the federal law;
16) appoints and recalls the representative of the Omsk region to the Government of the Russian Federation;
17) makes a decision in accordance with the federal legislation on granting the powers of a senator of the Russian Federation - a representative from the Government of the Omsk region;
18) appoints and dismisses the heads of executive authorities of the Omsk region (executive bodies of the Omsk region) in accordance with federal and regional legislation;
19) in accordance with the regional law makes decisions on creation, reorganization and liquidation of executive authorities of the Omsk region (executive bodies of the Omsk region);
20) makes proposals to the relevant federal executive authorities on dismissal of the heads of their territorial bodies, subdivisions and officials operating in the territory of the Omsk region;
21) cancels or suspends legal acts of the Government of the Omsk region, cancels legal acts of executive authorities of the Omsk region (executive bodies of the Omsk region) in case of their contradiction to the Constitution of the Russian Federation, the present Charter, federal and regional legislation;
22) awards state awards of the Omsk region, awards honorary titles of the Omsk region, awards prizes and scholarships of the Omsk region in accordance with the regional law;
23) exercises other powers in accordance with federal laws, this Charter and regional laws.
(para. 1 in wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
- The Governor of the Omsk region in accordance with the federal legislation participates in solving personnel issues when appointing heads of territorial bodies of federal executive authorities, federal organizations operating in the territory of the Omsk region.
- Upon the recommendation of the Governor of the Omsk Region, the Legislative Assembly of the Omsk Region shall appoint at least 50 percent of the auditors of the Control and Accounts Chamber of the Omsk Region.
(para. 3 in the wording of the Law of Omsk region from 08.04.2013 № 1525-OZ)
- The Governor of the Omsk Region shall appoint 50 percent of the members of the Election Commission of the Omsk Region.
Article 48. Legal acts of the Governor of the Omsk Region
The Governor of the Omsk region issues decrees and orders. Normative legal acts of the Governor of the Omsk region are issued in the form of a decree. Individual legal acts of the Governor of Omsk region are issued in the form of an order.
Article 49. Early termination of powers of the Governor of the Omsk region
(in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
The powers of the Governor of the Omsk region may be terminated ahead of schedule in cases and in the manner prescribed by federal law.
Article 53. Excluded. - Law of the Omsk region dated 27.12.2007 No. 1003-OZ
Article 54. Excluded. - Omsk Oblast Law No. 632-OZ of 04.05.2005
Article 55. Excluded. - Law of the Omsk region dated 27.12.2007 No. 1003-OZ
Article 56. Excluded. - Law of the Omsk region dated 27.12.2007 No. 1003-OZ
Article 50. Temporary fulfillment of duties of the Governor of the Omsk Region
(in edition of the Law of the Omsk region from 04.05.2005 № 632-OZ)
- In cases stipulated by federal law, until the President of the Russian Federation issues a decree on the appointment of the Acting Governor of the Omsk region, the temporary fulfillment of the duties of the Governor of the Omsk region is carried out by the Chairman of the Government of the Omsk region (if such a position is established), and in his absence - by the First Deputy Chairman of the Government of the Omsk region, the Deputy Chairman of the Government of the Omsk region in accordance with the distribution established by the Governor of the Omsk region.
(para. 1 in wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
- If the Governor of the Omsk region is unable to exercise his powers due to health or other circumstances temporarily preventing the exercise of his powers (in particular, vacation, business trip), they are temporarily exercised by the Chairman of the Government of the Omsk region (if such a position is established), and in his absence - by the First Deputy Chairman of the Government of the Omsk region, Deputy Chairman of the Government of the Omsk region in accordance with the distribution of responsibilities established by the Governor of the Omsk region.
(para. 2 in the wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
- The Acting Governor of the Omsk region shall not have the right to dissolve the Legislative Assembly of the Omsk region, to make proposals to amend the Charter (Fundamental Law) of the Omsk region.
(para. 3 in wording of the Law of Omsk region from 27.12.2007 № 1003-OZ)
Article 51. Government of the Omsk Region
- The Government of the Omsk Region (the supreme executive body of the Omsk Region) is a permanent executive authority of the Omsk Region.
(para. 1 in wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
- The Government of the Omsk Region shall consist of the Chairman of the Government of the Omsk Region and members of the Government of the Omsk Region.
(as amended by the Law of Omsk region from 27.12.2007 № 1003-OZ)
The members of the Government of the Omsk region are the First Deputy (first deputies) of the Chairman of the Government of the Omsk region, deputy chairmen of the Government of the Omsk region, ministers of the Omsk region.
(in edition of the Law of the Omsk region from 06.12.2012 № 1490-OZ)
- The Government of the Omsk region shall be formed by the Governor of the Omsk region. The Governor of the Omsk region has the right to directly head the Government of the Omsk region or to establish the position of the Chairman of the Government of the Omsk region.
In case of establishment of the corresponding post, the Chairman of the Government of the Omsk region is a member of the Government of the Omsk region, is appointed and dismissed by the Governor of the Omsk region and holds a public post of the Omsk region. The Chairman of the Government of the Omsk region organizes the work of the Government of the Omsk region.
(para. 3 in the wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
- The Government of the Omsk region in accordance with the regional law ensures execution of the Constitution of the Russian Federation, federal constitutional laws, federal laws and other normative legal acts of the Russian Federation, the Charter (Fundamental Law) of the Omsk region, laws and other normative legal acts of the Omsk region on the territory of the Omsk region and coordinated activity of other executive authorities of the Omsk region (executive bodies of the Omsk region).
(para. 4 in the wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
Article 52. Excluded. - Law of the Omsk region dated 28.09.2022 No. 2509-OZ.
Article 53. Resignation of the Government of the Omsk Region, member of the Government of the Omsk Region
- The Governor of the Omsk region may make a decision on resignation of the Government of the Omsk region. In this case the Government of the Omsk region continues to act until the formation of a new Government of the Omsk region.
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
- A member of the Government of the Omsk region has the right to resign by submitting a corresponding application to the Governor of the Omsk region. A member of the Government of the Omsk region shall continue to fulfill his duties until acceptance or rejection of the resignation. In case of acceptance of resignation, a member of the Government of the Omsk region shall be dismissed from office. In case of non-acceptance of the resignation, a member of the Government of the Omsk region has the right to resign after thirty days from the date of submission of the resignation.
Article 54. Term of office of the Government of the Omsk Region
The Government of the Omsk region shall act within the term of office of the Governor of the Omsk region. The Government of the Omsk region shall resign from the date of taking office of the newly elected Governor of the Omsk region, continuing to act until the formation of the new Government of the Omsk region.
(ed. Laws of the Omsk region dated 27.12.2007 № 1003-OZ, dated 28.06.2012 № 1456-OZ, dated 28.09.2022 № 2509-OZ)
Article 55. Powers of the Omsk Oblast Government
- Government of the Omsk Region:
1) implements the main directions of internal policy and development of international and foreign economic relations of the Omsk region determined by the Governor of the Omsk region;
2) organizes execution of federal and regional legislation on the territory of the Omsk region;
3) participates in the implementation of a unified state policy in the spheres of finance, science, education, health care, culture, physical culture and sports, social security, road safety and ecology;
4) takes measures to implement, ensure and protect human and civil rights and freedoms, protect property and public order, counter terrorism and extremism, and combat crime;
5) ensures the development and implementation of measures aimed at the socio-economic development of the Omsk region;
6) takes measures to preserve and develop the ethno-cultural diversity of the peoples of the Russian Federation living on the territory of the Omsk region, their languages and culture; to protect the rights of small indigenous peoples and other national minorities; to protect the social and cultural adaptation of migrants; to prevent inter-ethnic (inter-ethnic) conflicts and to ensure inter-ethnic and inter-confessional harmony;
7) implements measures to coordinate health care issues, including ensuring the provision of accessible and quality medical care, preserving and strengthening public health, creating conditions for a healthy lifestyle, and fostering a culture of responsible citizens' attitude to their health;
8) implements measures to ensure state guarantees of social protection of the population, including social security, targeted social support of citizens;
9) takes measures to ensure the protection of the family, motherhood, fatherhood and childhood, to protect the institution of marriage as the union of a man and a woman, to create conditions for the decent upbringing of children in the family and for adult children to exercise their duty of care for their parents;
10) develops the draft regional budget and submits it for consideration of the Legislative Assembly of the Omsk region;
11) ensures the execution of the regional budget and prepares a report on the execution of the regional budget, an annual report on the performance of the Government of the Omsk region, a consolidated annual report on the implementation and evaluation of the effectiveness of state programs of the Omsk region to be submitted by the Governor of the Omsk region or the Chairman of the Government of the Omsk region (if such a position is established) to the Legislative Assembly of the Omsk region;
12) manages and disposes of the property of the Omsk region in accordance with regional laws, as well as manages federal property transferred to the management of the Omsk region in accordance with federal laws and other regulatory legal acts of the Russian Federation;
13) determines the procedure for development and adjustment of strategic planning documents under the jurisdiction of the Omsk Region Government and approves (endorses) such documents;
14) proposes to the local government body of the Omsk region, local government official to bring in compliance with the legislation of the Russian Federation the legal acts issued by them in case the said acts contradict the Constitution of the Russian Federation, federal constitutional laws, federal laws and other normative legal acts of the Russian Federation, the present Charter, laws and other normative legal acts of the Omsk region, and also has the right to appeal to the court;
15) exercises other powers established by federal laws, this Charter, regional laws, agreements with federal executive authorities, as well as those established by regulatory legal acts of the President of the Russian Federation and regulatory legal acts of the Government of the Russian Federation providing for the transfer of the exercise to executive authorities of constituent entities of the Russian Federation of certain powers of federal executive authorities.
(para. 1 in wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
- The Government of the Omsk Region shall ensure the realization by the Governor of the Omsk Region of his powers in accordance with this Charter.
Article 56. Legal acts of the Omsk Oblast Government
- The Government of the Omsk region issues resolutions and orders. Normative legal acts of the Government of the Omsk region are issued in the form of resolutions of the Government of the Omsk region. Individual legal acts of the Government of the Omsk region are issued in the form of orders of the Government of the Omsk region.
- Legal acts of the Government of the Omsk Region shall be signed by the Chairman of the Government of the Omsk Region or the person substituting him.
- Legal acts of the Government of the Omsk Region shall be subject to official publication in the manner prescribed by federal and regional legislation.
Article 57. Bodies of executive power of the Omsk Region (executive bodies of the Omsk Region)
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
- The executive authorities of the Omsk region (executive bodies of the Omsk region) carry out executive and administrative functions in the established sphere of activity, and also coordinate in cases established by the regional legislation the activity in this sphere of other executive authorities of the Omsk region (executive bodies of the Omsk region).
- The decision on creation, reorganization and liquidation of executive authorities of the Omsk region (executive bodies of the Omsk region) shall be made by the Governor of the Omsk region in accordance with the regional law.
Article 58. Legal acts of the executive authorities of the Omsk Region (executive bodies of the Omsk Region)
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
In accordance with the federal and regional legislation executive authorities of the Omsk region (executive bodies of the Omsk region) issue orders and instructions. Normative legal acts of executive power bodies of the Omsk region (executive bodies of the Omsk region) are issued in the form of orders. Individual legal acts of executive power bodies of the Omsk region (executive bodies of the Omsk region) are issued in the form of orders.
Article 58.1. State bodies of the Omsk region
(introduced by the Omsk Oblast Law No. 2240-OZ of 26.02.2020)
- To ensure the activities of the Governor of the Omsk region, the Government of the Omsk region and other executive authorities of the Omsk region (executive bodies of the Omsk region), including for the purpose of representing the interests of the Omsk region in federal bodies of state power, as well as the organization of control and verification of the execution of decisions taken by the Governor of the Omsk region, the Government of the Omsk region, state bodies of the Omsk region, which are not executive authorities of the Omsk region (executive bodies of the Omsk region), may be created to ensure the activities of the Governor of the Omsk region, the Government of the Omsk region and other executive authorities of the Omsk region (executive bodies of the Omsk region).
(in edition of the Law of the Omsk region from 28.09.2022 № 2509-OZ)
- Decisions on the creation, reorganization and liquidation of state bodies of the Omsk region, specified in paragraph 1 of this article, shall have the right to make the Governor of the Omsk region.
- Appointment and dismissal of heads of state bodies of the Omsk region, specified in paragraph 1 of this article, shall be carried out by the Governor of the Omsk region in accordance with the regional legislation.
Article 58.2. Legal acts of state bodies of the Omsk Region
(introduced by the Omsk Oblast Law No. 2280-OZ of 18.06.2020)
State bodies of the Omsk region, the decision on the establishment of which was made by the Governor of the Omsk region in accordance with Article 58.1 of the present Charter, shall issue orders and instructions. Normative legal acts of these state bodies of the Omsk region are issued in the form of orders. Individual legal acts of these state bodies of the Omsk region are issued in the form of orders.
Article 59. Justices of the Peace of the Omsk Region
(introduced by the Omsk Oblast Law No. 1003-OZ of 27.12.2007)
- Justices of the peace of the Omsk region are judges of general jurisdiction of the Omsk region and are part of the unified judicial system of the Russian Federation.
- The procedure for appointment and activity of justices of the peace of the Omsk Region shall be regulated by federal and regional law.
Chapter 6. LOCAL SELF-GOVERNMENT IN THE OMSK REGION
Article 60. Fundamentals of Local Self-Governance in the Omsk Region
- Local self-government shall be recognized and guaranteed in the Omsk Region.
- Local self-government on the territory of the Omsk Oblast shall be carried out in accordance with the Constitution of the Russian Federation, this Charter, federal and regional laws, charters of municipalities, and municipal legal acts.
- The Charter of the municipal formation, municipal legal acts shall not contradict this Charter, the regional law.
- Local self-government on the territory of the Omsk region within the limits of its authority is independent.
- Local self-government bodies of the Omsk Region are not included in the system of public authorities of the Omsk Region.
Article 61. Territories of local self-government in the Omsk Region
(in edition of the Law of the Omsk region from 28.10.2020 № 2312-OZ)
- Local self-government shall be exercised throughout the territory of the Omsk Oblast in municipalities, the types of which are established by federal law. The territories of municipal formations are determined taking into account historical and other local traditions.
- Changes in the boundaries of the territories within which local self-government is exercised shall be permitted with the opinion of the population of the respective territories in accordance with the procedure established by federal law.
Article 62. Forms of local self-government in the Omsk Region
- Local self-government in Omsk Oblast is carried out by means of local referendum, municipal elections, other forms of direct expression of will, through elected and other bodies of local self-government in accordance with federal and regional law, and the charter of the municipality.
- The structure of local self-government bodies is determined by the population independently in accordance with the general principles of organization of local self-government in the Russian Federation, established by federal law, as well as in accordance with the charter of the municipality.
(ed. Laws of the Omsk region from 27.12.2007 № 1003-OZ, from 28.10.2020 № 2312-OZ)
2.1. Bodies of state power of the Omsk region may participate in the formation of local self-government bodies of the Omsk region, appointment to office and dismissal of local self-government officials in the manner and cases established by federal law.
(p. 2.1 introduced by the Law of the Omsk Oblast of 28.10.2020 No. 2312-OZ)
- Elective and other bodies of local self-government shall be formed in accordance with federal and regional law and the charter of the municipality.
- Local self-government bodies and their officials shall be obliged to comply with this Charter and regional laws.
Article 63. Issues of local significance and vesting local self-government bodies of the Omsk Region with separate state powers of the Omsk Region
- Local self-government bodies of the Omsk Oblast independently manage municipal property, form, approve and execute the local budget, introduce local taxes and levies, solve other issues of local significance, as well as, in accordance with federal law, ensure within their competence the availability of medical care.
(item 1 in edition of the Law of the Omsk region from 28.10.2020 № 2312-OZ)
- Local self-government bodies of the Omsk region may be vested by the regional law with certain state powers of the Omsk region on condition of transferring to them the material and financial resources necessary for the exercise of such powers.
(in edition of the Law of the Omsk region from 28.10.2020 № 2312-OZ)
- The public authorities of the Omsk region exercise control over the implementation of the individual state powers delegated by them.
- Local self-government bodies of the Omsk region and state authorities of the Omsk region are part of the unified system of public power in the Russian Federation and interact for the most effective solution of tasks in the interests of the population living on the respective territory.
(paragraph 4 was introduced by the Law of the Omsk Oblast of 28.10.2020 No. 2312-OZ)
Article 64. Safeguards of local self-government in the Omsk Region
- It shall be prohibited to restrict the rights of local self-government provided for by this Charter and the regional law.
- Public authorities of the Omsk region create the necessary legal, organizational, material and technical conditions for the development of local self-government in the Omsk region and assist the population in exercising the right to local self-government.
- Local self-government in the Omsk region is guaranteed by the right to judicial protection, to compensation for additional expenses incurred as a result of the performance of public functions by local self-government bodies in cooperation with state authorities of the Omsk region, as well as by the prohibition to restrict the rights of local self-government established by the Constitution of the Russian Federation and federal laws.
(item 3 in edition of the Law of the Omsk region from 28.10.2020 № 2312-OZ)
Chapter 7. PROPERTY OF THE OMSK REGION, ENSURING FREEDOM OF ECONOMIC ACTIVITY. TAXES, BUDGET AND BUDGET SYSTEM OF OMSK REGION
Article 65. Property of the Omsk region
- The Omsk region in accordance with federal law freely owns, uses and disposes of objects belonging to the Omsk region by right of ownership (property of the Omsk region).
- The property of the Omsk region may include:
(as amended by the Law of Omsk region from 27.12.2007 № 1003-OZ)
1) land and other natural resources transferred into the ownership of the Omsk region in accordance with federal and regional legislation, as well as specially protected natural territories of regional significance;
(item 1 in edition of the Law of the Omsk region from 04.05.2005 № 632-OZ)
2) financial resources, including funds of the regional budget and territorial state extra-budgetary funds of the Omsk region, currency values, securities, other financial assets;
3) property assigned to state unitary enterprises of the Omsk region and state institutions of the Omsk region on the right of economic management, operational management;
4) objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation;
5) housing stock;
6) shares (stakes, contributions) of the Omsk Region in business partnerships and companies;
(item 6 in edition of the Law of the Omsk region from 04.05.2005 № 632-OZ)
7) other property, including property rights, in accordance with federal and regional legislation.
- Funds of the regional budget and other property not assigned in the established order to state unitary enterprises of the Omsk region, state institutions of the Omsk region, constitute the treasury of the Omsk region.
- The order of management of the property of the Omsk region is established by the regional law.
- The powers of the owner in respect of the property objects of the Omsk region on behalf of the Omsk region are exercised by the state authorities of the Omsk region within the framework of their competence established by the regional law and other normative legal acts of the Omsk region. Organizations, officials and other persons may exercise the powers of the owner on behalf of the Omsk region in cases stipulated by the federal and regional legislation.
(para. 5 in wording of the Law of Omsk region from 04.05.2005 № 632-OZ)
Article 66. Guarantees of freedom of economic activity
- In the Omsk region the right of citizens to free use of their abilities and property for realization in accordance with the federal and regional law of any forms and types of entrepreneurial and other economic activities, creation of conditions stimulating business activity of the population, economic freedom and competition are guaranteed, antimonopoly regulation is carried out.
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
- The bodies of state power of the Omsk region and local self-government bodies of the Omsk region have no right to establish restrictions for entrepreneurial and other economic activities of citizens and legal entities not provided for by the federal law.
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
Article 67. Support of entrepreneurial activity in socially important areas of activity and protection of consumer rights
- In the spheres of activity socially significant for the Omsk region in accordance with the federal and regional law, organizations of all forms of ownership and other persons carrying out entrepreneurial activity are provided with state support by fixing the corresponding priorities in the financial, tax and budgetary policy of the Omsk region.
- The Omsk Region protects the interests of consumers and supports activities to protect their rights.
Article 68. Stimulation of investment activity
- The Omsk region stimulates investment activity aimed at achieving sustainable development of its economy, creating conditions for improving the living standards of the population. When implementing investment projects on the territory of the Omsk region, subjects of investment activity are provided with measures of state support in accordance with the federal and regional law.
(ed. Laws of the Omsk region dated 04.05.2005 № 632-OZ, dated 27.12.2007 № 1003-OZ)
- Measures aimed at protecting the rights and interests of foreign investors are implemented in the Omsk Region in accordance with federal legislation and international treaties of the Russian Federation.
Article 69. Taxation in the Omsk region
(in edition of the Law of the Omsk region from 04.05.2005 № 632-OZ)
- Federal, regional and local taxes and fees are levied on the territory of the Omsk Region.
(para. 1 in wording of the Law of Omsk region from 04.05.2005 № 632-OZ)
- Regional taxes and fees are introduced by regional law in accordance with federal law.
(in edition of the Law of the Omsk region from 28.10.2020 № 2312-OZ)
- Local taxes and levies are introduced by local government bodies in accordance with federal law.
(in edition of the Law of the Omsk region from 28.10.2020 № 2312-OZ)
Article 70. Omsk Region budget
(in edition of the Law of the Omsk region from 04.05.2005 № 632-OZ)
- The budget of the Omsk region (regional budget) and the report on its execution shall be approved by the regional law.
- Formation, approval, execution of the regional budget and control over its execution are carried out by the public authorities of the Omsk region independently in accordance with the federal and regional law.
- Funds of the regional budget are directed for fulfillment of expenditure obligations of the Omsk region, including those carried out at the expense of subventions from the federal budget.
Chapter 8. SOCIAL POLICY AND SOCIAL PROTECTION OF THE POPULATION. PROTECTION OF THE ENVIRONMENT AND CULTURAL HERITAGE SITES
Article 71. Education, protection of family, maternity, paternity and childhood, institution of marriage in the Omsk Region
(in edition of the Law of the Omsk region from 28.10.2020 № 2312-OZ)
- Education, protection of the family, motherhood, fatherhood and childhood, protection of the institution of marriage as a union of a man and a woman, creation of conditions for decent upbringing of children in the family, as well as for the realization by adult children of the obligation to take care of their parents are carried out in the Omsk region on the basis of:
(in edition of the Law of the Omsk region from 28.10.2020 № 2312-OZ)
1) state support for the development of the education system;
2) state guarantee of education in accordance with federal state educational standards;
(item 2 in edition of the Law of the Omsk region from 08.04.2013 № 1525-OZ)
3) state support for family formation;
4) creating favorable conditions for the birth and upbringing of children;
5) State protection of the family, maternity, paternity and State protection of children's rights.
- The public authorities of the Omsk region promote the strengthening of the family and provide support to large families and other families.
Article 72. Social protection of the population in the Omsk Region
- Social protection of the population in the Omsk region is carried out on the basis of:
1) creating conditions for improving the living standards of the population;
(item 1 in edition of the Law of the Omsk region from 04.05.2005 № 632-OZ)
2) State support for veterans, elderly and disabled citizens, low-income citizens and other groups in need of social protection;
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
3) state guarantee of provision of social support measures provided for by federal and regional legislation to certain categories of citizens.
(item 3 in edition of the Law of the Omsk region from 04.05.2005 № 632-OZ)
- Public authorities of the Omsk region have the right to establish at the expense of the regional budget (except for financial resources transferred from the federal budget to the regional budget for targeted expenditures) additional measures of social support and social assistance for certain categories of citizens, including on the basis of need criteria established by laws and other normative legal acts of the Omsk region.
(para. 2 in the wording of the Law of Omsk region from 28.09.2022 № 2509-OZ)
Article 73. Health care, physical education, sports, environmental protection in the Omsk Region
Development of health care, physical education, sports, environmental protection in the Omsk region is carried out on the basis of:
1) providing state support and strengthening the public health care system of the Omsk region, including by ensuring the provision of affordable and quality medical care, preserving and strengthening public health, creating conditions for leading a healthy lifestyle, creating a culture of responsible attitude of citizens to their health;
(item 1 in edition of the Law of the Omsk region from 28.10.2020 № 2312-OZ)
2) guaranteeing the provision of medical care in medical organizations of the state health care system of the Omsk Region;
(para. 2 in wording of the Law of Omsk region from 29.06.2017 № 1984-OZ)
3) creating conditions for the population to engage in physical culture and sports;
4) State control over the observance and execution of legislation in the field of environmental protection;
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
5) regular and timely provision of the population with reliable information on the state of the environment;
6) formation of specially protected natural territories of regional significance, management and control in the field of protection and use of such territories.
(as amended by the Law of the Omsk Region dated 28.09.2022 No. 2509-OZ)
Article 74. Protection of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation in the Omsk Region
(amended by the Law of the Omsk region dated 24.11.2008 № 1095-OZ)
- Protection of objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation in the Omsk region is carried out on the basis of:
(amended by the Law of the Omsk region dated 24.11.2008 № 1095-OZ)
1) ensuring the preservation and multiplication of the historical and cultural heritage of the Omsk region;
2) ensuring public participation in cultural life, use of cultural institutions;
3) ensuring public access to cultural values.
- Public authorities of the Omsk region implement measures on preservation, use and popularization of objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation in accordance with the federal and regional legislation.
(para. 2 in the wording of the Law of Omsk region from 27.12.2007 № 1003-OZ)