The Law of the City of Moscow. No. 30 dated the 30 th of June On the Chamber of Control and Accounts of Moscow

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1 The Law of the City of Moscow No. 30 dated the 30 th of June 2010 On the Chamber of Control and Accounts of Moscow In accordance with the federal legislation and the Moscow City Charter, this Law shall establish the official status of the Chamber of Control and Accounts of Moscow, as well as shall determine its composition, structure, powers and operating procedure. Chapter 1. General Provisions Article 1. Status of the Chamber of Control and Accounts of Moscow 1. The Chamber of Control and Accounts of Moscow shall be an authority of external state financial control formed by, and accountable to, the Moscow City Parliament (Duma) in accordance with the Budgetary Code of the Russian Federation. In order to control over the forming and performance of the Moscow City budget and the budget of the Moscow City Territorial State Non-budgetary Fund, the Chamber of Control and Accounts of Moscow shall also be authorized to control over the legality and efficiency of administering the property of the City of Moscow. 2. The Chamber of Control and Accounts of Moscow shall function in accordance with the Constitution of the Russian Federation, with the federal legislation, with the Charter of the City of Moscow, with this Law and with other laws of the City of Moscow. 3. The Chamber of Control and Accounts of Moscow shall be an organizationally and functionally independent legal entity within the competence determined by the Russian Federation and Moscow City legislations. Article 2. Main Goals of the Chamber of Control and Accounts of Moscow The main goals of the Chamber of Control and Accounts of Moscow shall be as follows: 1) control over the legality and validity of preparing drafts of both the Moscow City budget and the budget of the Moscow City Territorial State Non-budgetary Fund; 2) control over the legality and efficiency of performance of the Moscow City budget and the budget of the Moscow City Territorial State Non-budgetary Fund, as well as over the management of the Moscow City property; 3) analysis of the influence of expenses from the Moscow City budget and the budget of the Moscow City Territorial State Non-budgetary Fund for the social and economic development of Moscow; 4) control over the performance of the budgets of urban municipal units in Moscow receiving interbudgetary transfers and budgetary loans from the Moscow City budget; 5) submission of information to the Moscow City Duma and to the Mayor of Moscow about the results of inspections held by the Chamber of Control and Accounts of Moscow in the order determined by this Law, as well as reporting about the Chamber operation to the city community.

2 Article 3. Basic Principles of Operation of the Chamber of Control and Accounts of Moscow The basic principles of operation of the Chamber of Control and Accounts of Moscow shall be legality, objectivity, orderliness, independence and publicity. 2 Chapter 2. Composition and Organization of Operation of the Chamber of Control and Accounts of Moscow Article 4. Composition of the Chamber of Control and Accounts of Moscow 1. The Chamber of Control and Accounts of Moscow shall consist of the Chairman of the Chamber of Control and Accounts of Moscow, Deputy of the Chairman of the Chamber of Control and Accounts of Moscow, the auditors of the Chamber of Control and Accounts of Moscow, and the office of the Chamber of Control and Accounts of Moscow. 2. Offices of Chairman, Deputy Chairman and the auditors of the Chamber of Control and Accounts of Moscow shall be state offices of the Moscow City. Article 5. Chairman of the Chamber of Control and Accounts of Moscow 1. Chairman of the Chamber of Control and Accounts of Moscow shall be appointed by a resolution of the Moscow City Duma. The term of office of Chairman of the Chamber of Control and Accounts of Moscow shall be five years from the day determined in the Moscow City Duma s resolution on his/her appointment. Upon expiration of the term of his/her office, Chairman of the Chamber of Control and Accounts of Moscow shall continue carrying out his/her duties until a new Chairman of the Chamber of Control and Accounts of Moscow is appointed. 2. Any citizen of the Russian Federation with a higher education degree and professional experience in the field of state management, state control, economy and finance for five years minimum, may be Chairman of the Chamber of Control and Accounts of Moscow. 3. Chairman of the Chamber of Control and Accounts of Moscow shall: 1) manage the Chamber of Control and Accounts of Moscow, organize its operation in accordance with the Russian Federation and Moscow City legislations, Regulations and operating standards of the Chamber of Control and Accounts of Moscow, issue orders and resolutions on matters of organizing its work, conclude household and other contracts; 2) organize controlling and other measures within the competence of the Chamber of Control and Accounts of Moscow; 3) act as an employer s representative in accordance with the Russian Federation and Moscow City legislations about the state civil service, hire and dismiss employees who are not state civil officers; 4) approve draft and current (yearly) operating plans of the Chamber of Control and Accounts of Moscow with all their amendments, approve the Regulations and the operating standards of the Chamber of Control and Accounts of Moscow, and approve methodical recommendations on the holding of inspections by the Chamber of Control and Accounts of Moscow, as well as approve other documents stipulating the procedure of its informational or other activities; 5) approve the structure and staff register of the Chamber of Control and Accounts of Moscow, as well as regulations on structural subdivisions of the Chamber of Control and

3 Accounts of Moscow and official registers of the office employees of the Chamber of Control and Accounts of Moscow; 6) approve the list of officials of the Chamber of Control and Accounts of Moscow authorized to forward motivated requests on its behalf for the submission of information containing a trade secret; 7) approve the results of inspections by the Chamber of Control and Accounts of Moscow and report them to the Moscow City Duma; 8) inform the Mayor of Moscow about the operation of the Chamber of Control and Accounts of Moscow and about the results of inspections held by it; 9) supervise the performance of the draft and current (yearly) operating plans of the Chamber of Control and Accounts of Moscow by it, suggestions, inquiries and addresses of the Mayor of Moscow, the Moscow City Duma and its commissions and deputies, as well as those of members of the Moscow Government; 10) report to the Moscow City Duma and to the Mayor of Moscow on a regular basis about the quality of managing the assets of the Moscow City budget and other objects of the Moscow City property, as well as about suggestions of the Chamber of Control and Accounts of Moscow on how to improve their management; 11) report to the Moscow City Duma on an annual basis about the operation of the Chamber of Control and Accounts of Moscow and about the results of inspections held by it; 12) approve the list of officials of the Chamber of Control and Accounts of Moscow authorized to draw up protocols on administrative violations in accordance with the legislation, as well as forward materials on cases of administrative violations to the Moscow executive authorities empowered to consider such cases; 13) introduce the Chamber of Control and Accounts of Moscow in its relations with the Moscow and federal state authorities, local self-government bodies, controlling authorities of the Russian Federation and foreign countries, as well as with international and other organizations; 14) take measures to secure an access to the information about the operation of the Chamber of Control and Accounts of Moscow in accordance with the Russian Federation and Moscow City legislations. 4. Chairman of the Chamber of Control and Accounts of Moscow may participate in the meetings of the Moscow City Duma, of its committees and working groups, as well as in the meetings of the Moscow Government and in the events held by the Moscow state authorities and by coordinating and advisory bodies of the Mayor of Moscow. Article 6. Deputy of the Chairman of the Chamber of Control and Accounts of Moscow 1. Deputy Chairman of the Chamber of Control and Accounts of Moscow shall be appointed under a resolution of the Moscow City Duma upon recommendation of Chairman of the Chamber of Control and Accounts of Moscow. The term of office of Deputy Chairman of the Chamber of Control and Accounts of Moscow shall be five years from the day determined in the Moscow City Duma s resolution on his/her appointment. Upon expiration of the term of his/her office, Deputy Chairman of the Chamber of Control and Accounts of Moscow shall continue carrying out his/her duties until a new Deputy Chairman of the Chamber of Control and Accounts of Moscow is appointed. 2. Any citizen of the Russian Federation with a higher education degree and professional experience in the field of state management, state control, economy and finance for five years minimum, may be Deputy Chairman of the Chamber of Control and Accounts of Moscow. 3

4 3. Deputy Chairman of the Chamber of Control and Accounts of Moscow may participate in the meetings of the Moscow City Duma, of its committees and working groups, as well as in the meetings of the Moscow Government and in the events held by the Moscow state authorities and by coordinating and advisory bodies of the Mayor of Moscow, when matters within his/her competence are considered. 4. Deputy Chairman of the Chamber of Control and Accounts of Moscow shall perform his/her official duties in accordance with the Regulations and the operating standards of the Chamber of Control and Accounts of Moscow. In case of an absence of the Chairman of the Chamber of Control and Accounts of Moscow, the Deputy Chairman shall perform the Chairman s duties on a commission from the latter. Article 7. Auditors of the Chamber of Control and Accounts of Moscow 1. A number of the auditors shall be determined by a resolution of the Moscow City Duma upon recommendation of Chairman of the Chamber of Control and Accounts of Moscow. 2. Any citizen of the Russian Federation with a higher education degree and professional experience in the field of state management, state control, economy and finance for five years minimum or with a certificate of competence as an auditor (a professional accountant), may be an auditor of the Chamber of Control and Accounts of Moscow. 3. Auditors of the Chamber of Control and Accounts of Moscow shall manage the individual courses of its activities, as well as organize and hold inspections. Auditors of the Chamber of Control and Accounts of Moscow shall, within their competence, independently resolve problems and bear responsibility for the results of work they are in charge of. 4. An auditor of the Chamber of Control and Accounts of Moscow shall be appointed under a resolution of the Moscow City Duma upon recommendation of Chairman of the Chamber of Control and Accounts of Moscow. The term of office of an auditor of the Chamber of Control and Accounts of Moscow shall be five years from the day determined in the Moscow City Duma s resolution on his/her appointment. Upon expiration of the term of his/her office, an auditor of the Chamber of Control and Accounts of Moscow shall be dismissed from his/her duties under a resolution of the Moscow City Duma. 5. Auditors of the Chamber of Control and Accounts of Moscow may be present at the meetings of the Moscow City Duma, of its committees and working groups, as well as at the meetings of the Moscow Government and at the events held by the state authorities of Moscow when issues within the auditors competence are considered. 6. Auditors of the Chamber of Control and Accounts of Moscow shall perform their official duties in accordance with the Regulations and the operating standards of the Chamber of Control and Accounts of Moscow. Article 8. Powers and Operating Procedure of the Board of the Chamber of Control and Accounts of Moscow 1. In order to consider issues of planning and organizing the work of the Chamber of Control and Accounts of Moscow, as well as of the methodology of controlling activities and other issues of the work of the Chamber of Control and Accounts of Moscow, the Board of the Chamber of Control and Accounts of Moscow shall be formed, whose competence and operation shall be determined by the Regulations of the Chamber of Control and Accounts of Moscow with consideration of requirements of this Law. Chairman, Deputy Chairman and the auditors of the Chamber of Control and Accounts of Moscow shall be members of the Board of the Chamber of Control and Accounts of Moscow. 4

5 2. The Board of the Chamber of Control and Accounts of Moscow shall consider the following issues at its meetings in a mandatory order: 1) the drafts of perspective and current (yearly) operating plans of the Chamber of Control and Accounts of Moscow, as well as suggestions for an introduction of amendments thereto; 2) annual reports about the work of the Chamber of Control and Accounts of Moscow; 3) distribution of the matters of competence between the members of the Board of the Chamber of Control and Accounts of Moscow; 4) Regulations and operating standards of the Chamber of Control and Accounts of Moscow, methodical recommendations on the holding of its inspections, as well as documents determining an order of inquiring information by the Chamber of Control and Accounts of Moscow; 5) changing the structure and staff register of the Chamber of Control and Accounts of Moscow; 6) results of the inspections, in case of a necessity to draw up any orders addressed to organizations being audited; 7) other issues stipulated by this Law and the Regulations of the Chamber of Control and Accounts of Moscow. 3. Deputies of the Moscow City Duma may participate in the meetings of the Board of the Chamber of Control and Accounts of Moscow. Article 9. Office of the Chamber of Control and Accounts of Moscow 1. The office of the Chamber of Control and Accounts of Moscow shall consist of employees whose number is to be determined by a resolution of the Moscow City Duma upon recommendation of Chairman of the Chamber of Control and Accounts of Moscow. 2. Persons who substitute for the positions established to secure the fulfillment of the powers of the Chamber of Control and Accounts of Moscow within its office or to assist in the implementation of the powers of members of its Board, shall be state civil officers of the City of Moscow. The rights, the obligations and the liabilities of the officers of the Chamber of Control and Accounts of Moscow, as well as the conditions under which they have carrying out their state civil service, shall be determined by the federal legislation, by this Law and by other legal acts of the Moscow City. 3. Officers of the Chamber of Control and Accounts of Moscow shall perform their official duties in accordance with its Regulations and operating standards, as well as with the regulations on the structural subdivisions of the Chamber of Control and Accounts of Moscow and with the officers personal regulations for their positions. Article 10. Officers of the Chamber of Control and Accounts of Moscow and Their Powers 1. Officers of the Chamber of Control and Accounts of Moscow shall be members of its Board, as well as the employees of its office who substitute for the positions established to secure the fulfillment of the powers of the Chamber of Control and Accounts of Moscow or to assist in the implementation of the powers of the members of its Board. 2. When on duty, officers of the Chamber of Control and Accounts of Moscow may, upon an early notification based on an order by its Chairman and under a condition of showing their service certificates: 1) enter and examine any premises and territories occupied by organizations which are audited by the Chamber of Control and Accounts of Moscow; 5

6 2) forward inquiries to any officials of organizations which are audited by the Chamber of Control and Accounts of Moscow; 3) require written explanations of certain facts revealed in the course of any inspection from officials of organizations which are audited by the Chamber of Control and Accounts of Moscow, as well as copies of necessary documents, including those certified in the determined order; 4) draw up protocols on administrative violations in accordance with the Russian Federation and Moscow City legislations; 5) draw up acts regarding any facts of a failure to submit or an untimely submission by officials of organizations which are audited by the Chamber of Control and Accounts of Moscow of documents and any other sources of information requested in the course of any inspection; 6) learn documents, including those containing a state, official, trade or any other kind of secret protected by law, of organizations which are audited by the Chamber of Control and Accounts of Moscow in a full-scale manner, meeting all requirements of the federal legislation; 7) learn any computer files stored in the electronic systems or databases of organizations which are audited by the Chamber of Control and Accounts of Moscow, including any files containing a state, official, trade or any other kind of secret protected by law; 8) learn any technical manuals for the electronic systems or databases of organizations which are audited by the Chamber of Control and Accounts of Moscow. 3. Any information containing a state, official, trade or any other kind of secret protected by law shall be submitted to the officers of the Chamber of Control and Accounts of Moscow in the order determined by the federal legislation. 4. Managers of the inspections shall be the officers of the Chamber of Control and Accounts of Moscow determined by its Regulations. 5. Heads of the organizations audited by the Chamber of Control and Accounts of Moscow must create good conditions for the work of its officers by way of granting them all necessary premises, means of communication and business machines free of charge. Article 11. Obligation of Performance of Requirements of Officers of the Chamber of Control and Accounts of Moscow 1. Any requirements of officers of the Chamber of Control and Accounts of Moscow related to the fulfillment of their powers shall be mandatory for any authorities and organizations which are audited by the Chamber of Control and Accounts of Moscow. 2. A failure to perform any lawful requirements of an officer of the Chamber of Control and Accounts of Moscow, as well as any actions preventing him/her from the fulfillment of his/her powers, shall be liable in the order determined by the federal legislation. Article 12. Liability of Officers of the Chamber of Control and Accounts of Moscow 1. Officials of the Chamber of Control and Accounts of Moscow must, in a timely and full-scale manner, perform duties granted to them in accordance with the Moscow City legislation, meet requirements of the Russian Federation and Moscow City legislations, as well as protect individuals, legal entities and businessmen s rights and legal interests. 2. Officials of the Chamber of Control and Accounts of Moscow shall be liable for the entirety and authenticity of results of the inspections held. 6

7 3. Officials of the Chamber of Control and Accounts of Moscow who, in the course of the fulfillment of their duties, have learnt a state, official, trade or any other kind of secret protected by law, shall be liable for its disclosure according to the legislation. 4. Officials of the Chamber of Control and Accounts of Moscow who participate in an inspection shall draw up and sign documents determined by this Law, as well as by the Regulations and by the operating standards of the Chamber of Control and Accounts of Moscow. The content of such documents shall be the officials personal liability. Article 13. The Planning of Activities of the Chamber of Control and Accounts of Moscow 1. The Chamber of Control and Accounts of Moscow shall organize its activities independently on the basis of its perspective and current (yearly) operating plans to be formed in order to provide comprehensive and systematic control, as well as to fulfill the requirements of the Russian Federation and Moscow City legislations. 2. The current (yearly) operating plan of the Chamber of Control and Accounts of Moscow shall include all its controlling measures with the indication of its types, as well as all other kinds of events to be held by the Chamber of Control and Accounts of Moscow. Both the term of every event and the officials of the Chamber of Control and Accounts of Moscow in charge shall be scheduled and appointed respectively. 3. Suggestions of the Moscow City Duma and the Mayor of Moscow in the course of the forming of the current (yearly) operating plan of the Chamber of Control and Accounts of Moscow shall be subject to consideration and, if they comply with the Russian Federation and Moscow City legislations, to inclusion into the current (yearly) operating plan of the Chamber of Control and Accounts of Moscow. 4. Operating plans of the Chamber of Control and Accounts of Moscow shall be approved by its Chairman upon results of consideration of their drafts by its Board. 5. The current (yearly) operating plan of the Chamber of Control and Accounts of Moscow shall be approved before the 30 th of December of the year preceding the year of the plan. 6. On the basis of a resolution of the Board of the Chamber of Control and Accounts of Moscow, in accordance with the Chamber s authorities stipulated by the Russian Federation and Moscow City legislations, inspections shall be included into the current (yearly) operating plan of the Chamber of Control and Accounts of Moscow within a year. When the current (yearly) operating plan of the Chamber of Control and Accounts of Moscow is amended, suggestions of the Moscow City Duma and the Moscow Mayor shall be subject to consideration and, if they comply with the Russian Federation and Moscow City legislations, to inclusion into the current (yearly) operating plan of the Chamber of Control and Accounts of Moscow. When the latter is amended, inquiries and appeals of the Moscow City Duma commissions and deputies shall be subject to mandatory consideration. Article 14. Methodological Support of Operation of the Chamber of Control and Accounts of Moscow 1. In order to provide high quality, efficiency and objectivity of its controlling activities, the Chamber of Control and Accounts of Moscow shall independently develop its own operating standards, containing mandatory requirements to its activities being performed, and its methodical instructions on the procedure of holding its inspections. 2. International and national standards in the areas of state control, audit and financial reporting shall be used in the course of development of the operating standards of the 7

8 Chamber of Control and Accounts of Moscow and development of methodical recommendations on the holding of its inspections. Article 15. Hiring Experts from Other Organizations and Independent Experts to Participate in the Inspections Within the limits of the budget approved, the Chamber of Control and Accounts of Moscow may hire, both for a fee and for free, experts from other organizations and independent experts, including auditing organizations, to participate in its inspections in order to secure its activities, as well as may hire experts from state authorities and institutions upon agreement for free. Article 16. Openness and Publicity in the Operation of the Chamber of Control and Accounts of Moscow 1. In order to provide a free access to the information about the operation of the Chamber of Control and Accounts of Moscow and its good interaction with other state authorities, the Chamber of Control and Accounts of Moscow shall maintain its official website on the Internet, which shall contain information about its operation, including that about its operating plans and about results of its inspections. 2. The Chamber of Control and Accounts of Moscow shall report to the Moscow City Duma on an annual basis. Upon consideration of the report by the Moscow City Duma, it shall be revealed on the official website of the Chamber of Control and Accounts of Moscow and published in its bulletin mentioned below in Paragraph 3 of this Article. 3. Information about the activities of the Chamber of Control and Accounts of Moscow shall be published in the Informational Bulletin of the Chamber of Control and Accounts of Moscow, which shall be deemed its official print, on a quarterly basis. 4. Final and interim results of inspections held by, or with the assistance of, the Chamber of Control and Accounts of Moscow may be disclosed only upon a written permission of its Chairman. Officials of the Chamber of Control and Accounts of Moscow shall bear their disciplinary liability for an unauthorized disclosure of the final or interim results of any inspections held by the Chamber of Control and Accounts of Moscow or with its participation. 5. Officials of, and experts hired by, the Chamber of Control and Accounts of Moscow may use the information received through the holding of inspections only in the interests of the works to be done by the Chamber of Control and Accounts of Moscow. 8 Chapter 3. Powers of the Chamber of Control and Accounts of Moscow and Types of Inspections Article 17. Powers of the Chamber of Control and Accounts of Moscow 1. In the course of the fulfillment of the goals set forth in Article 2 of this Law, the Chamber of Control and Accounts of Moscow shall carry out: 1) expertise of drafts laws and other standard legal acts of the City of Moscow related to the formation and use of the assets of the Moscow City budget, the budget of the Moscow City Territorial State Non-budgetary Fund and other objects of property of the City of Moscow;

9 2) expertise of draft programs of the City of Moscow and amendments thereto, as well as of strategies, forecasts and development plans of the City of Moscow suggested for approval by its laws and other standard legal acts; 3) expertise of draft laws of the City of Moscow on the Moscow City budget and the budget of the Moscow City Territorial State Non-budgetary Fund, as well as of amendments thereto; 4) monitoring of the performance of the Moscow City budget, as well as of the social and economic situation in Moscow, on a monthly basis; 5) external inspection of the annual reports on performance of the Moscow City budget and the budget of the Moscow City Territorial State Non-budgetary Fund, as well as, in cases stipulated by the Russian Federation and Moscow City legislations, the budgets of urban municipal units in Moscow; 6) expertise of draft laws of the City of Moscow on performance of the Moscow City budget and the budget of the Moscow City Territorial State Non-budgetary Fund; 7) inspections and analyses of the implementation of programs and development plans of the City of Moscow; 8) inspections and analyses of legality and efficiency of the use of budgetary assets and subsidies from the Moscow City budget by the Moscow City state authorities and organizations, as well as inspections and analyses of the financial and economic activities of state authorities and institutions of the City of Moscow; 9) inspections and analyses of the formation and use of the assets of the Moscow City budget and the budget of the Moscow City Territorial State Non-budgetary Fund; 10) inspections and analyses of legality and efficiency of the management and disposal of property objects of the City of Moscow; 11) inspections and analyses of the condition and use of objects of the property treasury of the City of Moscow, of revenues of profits from the use of the property treasury objects to the Moscow City budget, and of the expenditure of assets of the Moscow City budget to maintain the treasury operation; 12) inspections and analyses of the management of the state debt of the City of Moscow; 13) inspections and analyses of the use of subventions, subsidies, other interbudgetary transfers and budgetary loans from the Moscow City budget to the budgets of urban municipal units in Moscow; 14) inspections and analyses of performance of the budgets of urban municipal units in Moscow receiving interbudgetary transfers from the Moscow City budget; 15) development of suggestions for an improvement of legal regulation and organization of work with the assets of the Moscow City budget, the budget of the Moscow City Territorial State Non-budgetary Fund and the budgets of urban municipal units in Moscow; 16) preparation and submission of responses to inquiries of the Mayor of Moscow, deputies of the Moscow City Duma, state authorities of the City of Moscow and the local self-government authorities of urban municipal units in Moscow; 17) other powers stipulated by the Russian Federation and Moscow City legislations. 2. In the course of the expertise of draft legal acts of the City of Moscow, the Chamber of Control and Accounts of Moscow may, within its competence, assess the presence of any factors therein that favor corruption. 3. In the course of implementation of the tasks stipulated by Article 2 of this Law and the powers stipulated by Paragraph 1 of this Article, the Chamber of Control and Accounts of Moscow shall inspect: 1) state authorities of the City of Moscow; 9

10 2) management bodies of the territorial state non-budgetary funds of the City of Moscow; 3) state institutions and state enterprises of the City of Moscow; 4) local self-government bodies of urban municipal units in Moscow; 5) municipal institutions and municipal enterprises of urban municipal units in Moscow; 6) organizations to which certain powers of the state authorities of the City of Moscow have been transferred, including powers to manage the Moscow City property and to dispose thereof; 7) organizations receiving subsidies from the Moscow City budget; 8) organizations receiving state guarantees from the City of Moscow; 9) other organizations sponsored by the Moscow City budget. 4. The Chamber of Control and Accounts of Moscow may hold other kinds of inspections, in addition to those stipulated by Paragraph 1 of this Article, of local selfgovernment authorities, municipal institutions and municipal enterprises of urban municipal units in Moscow and other organizations on the basis of contracts (agreements) concluded. 5. Documents to be drawn up according to the results of inspections held by the Chamber of Control and Accounts of Moscow must not contain any political assessments of decisions made by the state authorities of the City of Moscow or by the local self-government authorities of urban municipal units in Moscow. Article 18. Types of Inspections Held by the Chamber of Control and Accounts of Moscow 1. The Chamber of Control and Accounts of Moscow shall hold the following types of its inspections: an inspection, an analysis, an expertise and a monitoring. 2. Legality and efficiency of the formation and performance of the Moscow City budget and the budget of the Moscow City Territorial State Non-budgetary Fund, as well as legality and efficiency of the use of the property objects of the City of Moscow or of urban municipal units in Moscow, shall be assessed in the course of an inspection. 3. A situation regarding matters of the formation and performance of the Moscow City budget and the budget of the Moscow City Territorial State Non-budgetary Fund, as well as the use of the property objects of the City of Moscow or of urban municipal units in Moscow, shall be researched or revealed in a systematic manner, within a certain field of business, in the course of an analysis. 4. Draft legal acts in the area of legality and efficiency of the suggested norms and rules or certain decisions regarding matters of the formation and performance of the Moscow City budget and the budget of the Moscow City Territorial State Non-budgetary Fund, as well as the use of the property objects of the City of Moscow, shall be assessed (analyzed) in the course of an expertise. 5. Supervision over indices of the performance of the Moscow City budget, as well as over the social and economic situation in the City of Moscow, shall be carried out on a regular basis in the course of a monitoring. This supervision shall include collection and analysis of the management information during a certain time period. 6. The Chamber of Control and Accounts of Moscow shall hold its inspections with the use of financial audit, audit of efficiency, audit of information and other forms of control. 7. The Board of the Chamber of Control and Accounts of Moscow shall choose the forms of control stipulated by Paragraph 6 of this Article for inspections in accordance with the Regulations of the Chamber of Control and Accounts of Moscow, in order to secure the timely performance of its current (yearly) operating plan. 10

11 8. The Chamber of Control and Accounts of Moscow shall hold its inspections and analyses either at its own premises or on the location of an audited organization. In the former case, the audited organization must submit all documents requested by officials of the Chamber of Control and Accounts of Moscow to them, and they shall be liable for the safety of the documents received. Article 19. Procedure of Preparing, Holding and Registering Results of an Inspection 1. The procedure for preparing, holding and registering the results of any inspections of the Chamber of Control and Accounts of Moscow shall be approved by an order of its Chairman with consideration of requirements of the Russian Federation and Moscow City legislations, as well as of the Regulations and operating standards of the Chamber of Control and Accounts of Moscow. 2. Upon completion of an inspection or an analysis on the location of an audited organization, the officials of the Chamber of Control and Accounts of Moscow who were carrying out the inspection or the analysis there shall draw up an act. Officials of the Chamber of Control and Accounts of Moscow who participated in the inspection may express their special opinions in writing, which opinions shall be attached to the act. 3. The results of an inspection, an analysis, an expertise or a monitoring shall be drawn up in the form of a report, a certificate, a conclusion or an analytical memo respectively. 4. The manager of a controlling event shall draw up and sign a report, a certificate, a conclusion or an analytical memo, as well as shall be personally liable for their content. 5. The results of any inspection containing information of a state, official, trade or any other kind of secret protected by law, shall be drawn up with consideration of requirements stipulated by the federal legislation. Article 20. Measures To Be Taken by the Chamber of Control and Accounts of Moscow upon Results of Its Inspections If any violations of the Russian Federation and Moscow City legislations are revealed in the course of the holding of an inspection or any damage is caused either to the City of Moscow or to any urban municipal unit therein, as well as if any circumstances that favor the committing of such violations or the causing of such damage either to the City of Moscow or to any urban municipal unit therein are discovered, the Chamber of Control and Accounts of Moscow must, within the limits of its determined competence: 1) forward a memorandum or an order to a state authority, to the local selfgovernment authority of an urban municipal unit in Moscow and/or to the audited organization about the elimination of any revealed violations and defects, with the indication of the terms of their elimination, and/or about the taking of measures that would prevent from such violations and defects; 2) take controlling measures over the elimination and prevention of the revealed violations and defects, as well as over the submission of information about the inspection results to the authorized state authorities and the local self-government authorities of urban municipal units in Moscow, in order to make persons who admitted the revealed violations answerable therefor. 11

12 12 Article 21. Memoranda of the Chamber of Control and Accounts of Moscow 1. Upon results of its inspections, the Chamber of Control and Accounts of Moscow shall forward its memoranda to Moscow state authorities, to local self-government bodies of urban municipal units in Moscow and to organizations being audited, in order to take measures for elimination of violations discovered, for prevention or reimbursement of damage caused either to the city of Moscow or to an urban municipal unit in Moscow, and for making guilty officials answerable for violations they have admitted. 2. Memoranda of the Chamber of Control and Accounts of Moscow shall be signed by its Chairman. 3. A written notification about the decisions and measures made and taken upon results of consideration of the memoranda must be forwarded to the Chamber of Control and Accounts of Moscow not later than within one month from the day it was received, in order to eliminate the violations admitted, as well as their reasons and conditions that have favored them. Article 22. Orders of the Chamber of Control and Accounts of Moscow 1. The Chamber of Control and Accounts of Moscow may forward its binding orders to state authorities of the City of Moscow and to local self-government authorities of urban municipal units in Moscow, as well as to organizations being audited, in the following cases: 1) violations are discovered that require immediate measures to deter them; 2) circumstances are discovered that favor violations to be committed or damage to be caused to the City of Moscow or to any urban municipal unit in Moscow; 3) procedure and deadlines for consideration of memoranda of the Chamber of Control and Accounts of Moscow are not met; 4) obstacles are put in the way of the Chamber of Control and Accounts of Moscow to carry out its inspections. 2. Orders of the Chamber of Control and Accounts of Moscow shall be signed by its Chairman. 3. Every order of the Chamber of Control and Accounts of Moscow must be performed by the deadline determined therein. Article 23. Guarantees of the Rights of Organizations Being Audited 1. Acts drawn up upon completion of inspections or analyses carried out in organizations being audited shall be passed to their heads. Heads of the audited organizations may either sign the act or, depending on the amount of materials forwarded, may submit their commentaries and remarks to the Chamber of Control and Accounts of Moscow with regard to the act within seven business days upon reception thereof. The fact of non-submission of any commentaries and remarks about the act within the determined time period shall be deemed an official recognition thereof. Commentaries and remarks about the act submitted within the determined time period shall be attached thereto and shall thenceforth be its integral parts. 2. State authorities and other organizations of the City of Moscow, as well as any officials, administrators or residents, either may apply to court a request on recognition of any order of the Chamber of Control and Accounts of Moscow fully or partially invalid, or may file a complaint to the Moscow City Duma against any action or inaction of the Chamber of Control and Accounts of Moscow. The submission of such an application shall not suspend the performance of the order.

13 3. The inquiries of information being forwarded by the Chamber of Control and Accounts of Moscow must not provide for the repeated forwarding either of any data earlier submitted thereto or of any official data being in open access. 4. In the course of any inspections, officials of the Chamber of Control and Accounts of Moscow may not interfere with the activities of the audited organization, except for cases stipulated by the federal legislation. 13 Chapter 4. Informational Support of the Activities of the Chamber of Control and Accounts of Moscow Article 24. Submission of Information to the Chamber of Control and Accounts of Moscow 1. Organizations that may be audited by the Chamber of Control and Accounts of Moscow must submit any information thereto which is necessary to support its activities, on a regular basis and without a fee, as well as in the order determined by legal acts of the City of Moscow and by individual inquiries of the Chamber of Control and Accounts of Moscow. 2. In the course of any inspections carried out by the Chamber of Control and Accounts of Moscow, the audited organizations must, on a free basis, familiarize its employees with their documentation about management, reporting and other matters, with documents related to the formation and performance of the Moscow City budget, the budgets of urban municipal units in Moscow and the budget of the Moscow City Territorial State Non-budgetary Fund, with documents related to the use of the property of the City of Moscow and of the urban municipal units in Moscow, with informational systems being used by the state authorities of the City of Moscow and by the audited organizations, with their electronic data and technical manuals therefor, as well as with any other documents necessary for the Chamber of Control and Accounts of Moscow to be able to fulfill its goals and powers. 3. In the course of carrying out its inspections, the Chamber of Control and Accounts of Moscow shall, on a free basis, receive all documentation necessary to hold the inspection from the state authorities of the City of Moscow and from the audited organizations. 4. The procedure for the forwarding of inquiries of the Chamber of Control and Accounts of Moscow, as well as for the determining of the deadlines to answer them, shall be approved by its Board in the order determined by its Regulations. The deadlines for answers to the inquiries of the Chamber of Control and Accounts of Moscow forwarded within the frameworks of the inspections, based on commissions of the Moscow City Duma and the Mayor of Moscow, as well as to the inquiries of committees and deputies of the Moscow City Duma, to the addresses of members of the Moscow Government, prosecuting and other lawenforcing authorities, may be determined for a time period less than seven days. Officials and managers to whom the inquiries of the Chamber of Control and Accounts of Moscow have been forwarded must answer them before the deadline indicated therein. The answer must be signed either by the official or the manager to whom the inquiry has been forwarded, or by any person who performs his/her duties. 5. Legal acts of the Mayor of Moscow and the Moscow Government, including resolutions of the Moscow executive authorities, on the creation, reformation or liquidation of any state institutions and state enterprises of the City of Moscow, on the amendment of the number of Moscow City shares in companies charter capitals, as well as on the conclusion of contracts for the management of budgetary funds and other property objects of the City of Moscow, shall be forwarded to the Chamber of Control and Accounts of Moscow within ten business days after they are approved.

14 6. Chief administrators and managers of the revenues and the funds of the Moscow City budget and the sources of financing its deficit, shall their budgetary reports to the Chamber of Control and Accounts of Moscow both on a quarterly basis and upon results of each financial year separately, as soon as they have been approved by the financial authority of the City of Moscow. 7. The auditing organizations reports and opinions upon results of their auditing inspections over the operation of state enterprises and institutions, as well as of joint-stock companies with a minimum of 50% of the Moscow City share therein, shall be forwarded by Moscow executive authorities to the Chamber of Control and Accounts of Moscow on an annual basis within thirty days after the reports and opinions are signed. Article 25. Access of the Chamber of Control and Accounts of Moscow to Informational Resources 1. An access of the Chamber of Control and Accounts of Moscow to informational systems and resources shall be provided by the Moscow Government and other state authorities of the City of Moscow, as well as by the management body of the Moscow City Territorial State Non-budgetary Fund and by the local self-government authorities of urban municipal units in Moscow. 2. The list of informational systems and resources to be accessible by the Chamber of Control and Accounts of Moscow shall be approved by resolution of the Moscow City Duma upon suggestion of the Chamber of Control and Accounts of Moscow within the limits of its competence determined by the Russian Federation and Moscow City legislations, whereas the organizational and technical requirements for that access shall be determined by the Moscow Government and the local self-government authorities of urban municipal units in Moscow. Article 26. Interaction of the Chamber of Control and Accounts of Moscow with State and Municipal Authorities 1. Within the frameworks of the competence stipulated by the Russian Federation and Moscow City legislations, the Chamber of Control and Accounts of Moscow may interact with the Russian Federation state authorities, including the controlling ones, as well as to exchange the results of inspections and methodical and standard legal documents with them. 2. Within the frameworks of the competence stipulated by the Russian Federation and Moscow City legislations, the Chamber of Control and Accounts of Moscow may interact with the Chamber of Control and Accounts of the Russian Federation, as well as with regional and municipal bodies of control and accounts, including their unions and associations. The Chamber of Control and Accounts of Moscow may participate in any inspections to be carried out by the Chamber of Control and Accounts of the Russian Federation or by regional and municipal bodies of control and accounts, in case of their consent. 3. Within the frameworks of the competence stipulated by the Russian Federation and Moscow City legislations, the Chamber of Control and Accounts of Moscow may interact with prosecuting and tax authorities, as well as with the bodies of treasury and interior affairs, in the territory of the City of Moscow. 4. In order to coordinate its activities, the Chamber of Control and Accounts of Moscow may participate in the creation and the work of coordinating, consulting, advisory and other operating bodies, acting both on temporary and permanent bases. 5. In the event any facts of using the funds of the Moscow City budget, the budgets of urban municipal units in Moscow or the budget of the Moscow City Territorial State Nonbudgetary Fund are revealed in the course of an inspection carried out by the Chamber of 14

15 Control and Accounts of Moscow and can be validly interpreted as administrative or criminal violations, Chairman of the Chamber of Control and Accounts of Moscow shall forward the respective materials about the results of that inspection first to the Moscow City Duma and to the Mayor of Moscow, and then to the prosecuting and other law-enforcing authorities, as well as to any other state bodies authorized to consider cases of administrative violations, in the order determined by the Russian Federation and Moscow City legislations. 6. Interaction of the Chamber of Control and Accounts of Moscow with state and local self-government authorities on certain matters may be regulated by contracts or agreements. Article 27. Interaction of the Chamber of Control and Accounts of Moscow with Executive Authorities of the City of Moscow Authorized to Carry Out State Financial Control 1. In the course of its operation, the Chamber of Control and Accounts of Moscow shall interact with executive authorities of the City of Moscow authorized to carry out state financial control, as well as with the Moscow executive authorities that have units of internal financial audit (departmental control) within their structure; it shall also use the results of inspections carried out by them, as well as shall engage employees of the respective executive authorities of the City of Moscow for the holding of some of its own inspections upon agreement with their heads. The Chamber of Control and Accounts of Moscow shall use the named materials according to the rules determined at the state authority that has given them out. 2. The Chamber of Control and Accounts of Moscow and executive authorities of the City of Moscow authorized to carry out state financial control shall exchange standard and methodological documentation with each other. 3. The Chamber of Control and Accounts of Moscow and executive authorities of the City of Moscow authorized to carry out state financial control shall exchange information about the results of inspections with each other. Article 28. Interaction of the Chamber of Control and Accounts of Moscow with the Financial Authority of the City of Moscow 1. In the course of its inspections, the Chamber of Control and Accounts of Moscow shall interact with the financial authority of the City of Moscow, as well as shall receive all information therefrom which is necessary to fulfill its tasks and powers stipulated by Article 2 of this Law. 2. The Chamber of Control and Accounts of Moscow and the financial authority of the City of Moscow shall exchange standard and methodological documentation with each other. 3. The financial authority of the City of Moscow shall submit the budgetary reporting of the City of Moscow to the Chamber of Control and Accounts of Moscow in the order determined therewith both on a quarterly basis and upon results of every financial year. 4. The financial authority of the City of Moscow shall submit the approved Unified Budgetary Chart and the Cashier Plan of the Fulfillment of the Moscow City budget to the Chamber of Control and Accounts of Moscow in the order determined therewith not later than within thirty days after the beginning of the planned period: as of the first day of the current financial year, as of the first day of the first month of the quarter, and as of the end of the current financial year. 15

16 Article 29. Interaction of the Chamber of Control and Accounts of Moscow with Controlling Authorities of Foreign Countries 1. The Chamber of Control and Accounts of Moscow may interact with the chambers of control and accounts and other controlling authorities of foreign countries and of their regions, as well as with the associations of the named authorities, within its competence stipulated by the Russian Federation and Moscow City legislations. The Chamber of Control and Accounts of Moscow may be a member of any such associations. 2. Interaction of the Chamber of Control and Accounts of Moscow with the chambers of control and accounts and other controlling authorities of foreign countries and of their regions, as well as with the associations of the named authorities, with regard to certain matters may be regulated by contracts and agreements. 16 Chapter 5. Guarantees of the Legal Status, Material and Social Welfare of Officials of the Chamber of Control and Accounts of Moscow Article 30. Guarantees of the Legal Status of Officials of the Chamber of Control and Accounts of Moscow 1. Any impact on the officials of the Chamber of Control and Accounts of Moscow for the purpose of either preventing them from the fulfillment of their duties or having them make decisions in someone s favor, as well as violent actions, insults and slander or spreading distorted information about their allegedly wrong performance, shall cause liability stipulated by the Russian Federation and Moscow City legislations. 2. Members of the Board of the Chamber of Control and Accounts of Moscow shall enjoy guarantees of their professional independence. They may be dismissed from their positions prior to expiration of their terms by resolution of the Moscow City Duma only and exclusively in the following cases: 1) a member of the Board of the Chamber of Control and Accounts of Moscow has lost his/her citizenship in the Russian Federation or has taken any foreign citizenship; 2) a member of the Board of the Chamber of Control and Accounts of Moscow has been doomed by court; 3) a member of the Board of the Chamber of Control and Accounts of Moscow has been recognized incapable, missing or deceased on the basis of a court decision that has come into effect; 4) a member of the Board of the Chamber of Control and Accounts of Moscow files an appeal on his/her resignation in writing; 5) a member of the Board of the Chamber of Control and Accounts of Moscow has violated Paragraphs 6, 9 or 11 of Section One of Article 81 of the Labor Code of the Russian Federation; 6) restrictions for persons who substitute for any state offices in the City of Moscow, stipulated by the Russian Federation and Moscow City legislations, as well as by this Law, have been violated; 7) the state office of an auditor of the Chamber of Control and Accounts of Moscow has been cancelled. 3. A decision on termination of the powers of any member of the Board of the Chamber of Control and Accounts of Moscow under the reasons stipulated by Clauses 1 6 of Paragraph 2 of this Article shall be approved by an order of the Moscow City Duma that indicates the date when the respective powers must be cancelled.

17 4. A decision on termination of the powers of any auditor of the Chamber of Control and Accounts of Moscow under the reason stipulated by Clause 7 of Paragraph 2 of this Article shall be approved by an order of the Moscow City Duma, upon recommendation of the Chairman of the Chamber of Control and Accounts of Moscow, that indicates the date when the respective powers must be cancelled. If an auditor of the Chamber of Control and Accounts of Moscow is dismissed from his/her office under the reason stipulated by Clause 7 of Paragraph 2 of this Article prior to the expiration of his/her official term, he/she shall get the warranties stipulated by the Law of the City of Moscow On the State Offices of the City of Moscow. 5. The operation of the Chamber of Control and Accounts of Moscow may not be suspended due to a dismissal of the Moscow City Duma. Article 31. Material and Social Welfare of, as well as Guarantees of State Protection for, Officials of the Chamber of Control and Accounts of Moscow 1. The Moscow state authorities shall take all necessary measures for material and social securing of both members of the Board and employees of the office of the Chamber of Control and Accounts of Moscow. 2. Fees and other state guarantees for the professional service of state civil officers of the Chamber of Control and Accounts of Moscow shall be established in accordance with the legislation on state civil service. 3. Official salaries of the civil office staff of the Chamber of Control and Accounts of Moscow shall be established at the same level compared to the respective salaries of the civil office staff of the City of Moscow who substitute for the respective civil staff of the Moscow City, Mayor s Office and the Moscow Government. 4. Salaries of the employees who substitute for offices at the Chamber of Control and Accounts of Moscow that are not referred to the state civil service offices of the City of Moscow and who provide for the technical maintenance of the operation of the Chamber of Control and Accounts of Moscow, shall be calculated and paid out to them within the limits determined for the respective staff of the Moscow executive authorities. 5. Members of the Board and the officers of the Chamber of Control and Accounts of Moscow shall be guaranteed with state protection, including mandatory insurance of their life and health at the expense of the Moscow City budget, in the order determined by the Russian Federation and Moscow City legislations. 17 Chapter 6. Final Provisions Article 32. The Financing of the Chamber of Control and Accounts of Moscow 1. The Chamber of Control and Accounts of Moscow may be financed by the Moscow City budget only, provided that this financing must cover the fulfillment of the powers of the Chamber of Control and Accounts of Moscow in accordance with the Russian Federation and Moscow City legislations. 2. Assets for the maintenance of the Chamber of Control and Accounts of Moscow shall be stipulated in a separate line of the Moscow City budget. 3. In the course of its financial and economic operation, the Chamber of Control and Accounts of Moscow may act as a state customer and may make its independent orders for the supplies of goods, the performance of works or the rendering of services for any state or municipal needs.

18 4. The Chamber of Control and Accounts of Moscow shall carry out control over the use of the budgetary funds and state property in accordance with resolutions of the Moscow City Duma. Article 33. Transitional and Final Provisions 1. This Law shall enter into force within ten days after its official publication. 2. Paragraph 2 of Article 5 of this Law shall not refer to the term of office of the Chairman of the Chamber of Control and Accounts of Moscow who had been appointed earlier than this Law entered into force. 3. Paragraph 1 of Article 6 of this Law shall not refer to the term of office of the Deputy Chairman of the Chamber of Control and Accounts of Moscow who had been appointed earlier than this Law entered into force. 4. Paragraph 4 of Article 7 of this Law shall not refer to the terms of offices of the auditors of the Chamber of Control and Accounts of Moscow who had been appointed earlier than this Law entered into force. 5. The following laws and clauses shall be recognized as void since the date this Law has entered into force: 1) Law No of the City of Moscow dated the 1 st of November 1995 On the Chamber of Control and Accounts of Moscow ; 2) Law No. 19 of the City of Moscow dated the 10 th of June 1996 On Amendments and Additions to Law No of the City of Moscow dated the 1 st of November 1995 On the Chamber of Control and Accounts of Moscow ; 3) Law No. 18 of the City of Moscow dated the 17 th of July 1998 On the Introduction of an Amendment to Law No of the City of Moscow dated the 1 st of November 1995 On the Chamber of Control and Accounts of Moscow ; 4) Law No. 3 of the City of Moscow dated the 15 th of March 2000 On the Introduction of Amendments and Additions to Articles 5, 6, 7 and 38 of Law No of the City of Moscow dated the 1 st of November 1995 On the Chamber of Control and Accounts of Moscow ; 5) Paragraph 4 of Article 1 of Law No. 6 of the City of Moscow dated the 21 st of February 2001 On the Harmonization of Certain Laws of the City of Moscow with the Budgetary Code of the Russian Federation ; 6) Law No. 15 of the City of Moscow dated the 11 th of May 2005 On the Introduction of Amendments and Additions to Law No of the City of Moscow dated the 1 st of November 1995 On the Chamber of Control and Accounts of Moscow ; 7) Article 1 of Law No. 26 of the City of Moscow dated the 4 th of July 2007 On the Introduction of Amendments to Certain Laws of the City of Moscow in the Area of Clarifying the Requirements to the Persons Who Substitute for the State Offices of the City of Moscow and for the State Civil Service Offices of the City of Moscow. 18 Mr. Yuri Luzhkov, Mayor of Moscow

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