Draft Law on Amendments to Certain Legislative Acts of Ukraine Regarding Ensuring Legality in the Activities of Local Self-Government Bodies and Officials

Analysis of the Draft Law:

Analysis of the Draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Ensuring Legality in the Activities of Local Self-Government Bodies and Officials”

Essence of the Draft Law

The draft law aims to strengthen control over the legality of acts of local self-government bodies and officials. It envisages the creation of a Unified State Register of Local Self-Government Acts, defines the bodies responsible for ensuring legality, and establishes the procedure for controlling the relevant acts. The goal is to prevent violations of legislation in the activities of local authorities and to ensure that their decisions comply with the Constitution and laws of Ukraine. The powers of heads of local state administrations have also been expanded.

Structure and Main Provisions

The draft law consists of four sections:

1. Section I: Amendments to the Law of Ukraine “On Local Self-Government in Ukraine”. The key innovation is Article 59², which defines the principles of the functioning of the Unified State Register of Local Self-Government Acts. The scope of control over local self-government bodies has also been expanded.
2. Section II: Amendments to the Law of Ukraine “On Local State Administrations”. Article 16¹ is added, which defines the bodies for ensuring the legality of local self-government acts and their powers. The powers of heads of local state administrations have also been expanded.
3. Section III: Amendments to the Law of Ukraine “On Central Executive Bodies”, which defines the coordination of activities by local state administrations.
4. Section IV: Final and Transitional Provisions, which define the terms of entry into force of the law and its individual provisions, as well as the tasks of the Cabinet of Ministers of Ukraine regarding the development and adoption of necessary regulatory legal acts.

Main Provisions Important for Stakeholders

• For legislators: The need for further development and adoption of laws on the delimitation of powers of local self-government bodies.

and bodies of state power.

For experts: New opportunities for analyzing and evaluating the legality of acts of local self-government, as well as the need to develop methodologies and recommendations for the application of the provisions of the law.

For business: Increasing the transparency and predictability of decisions of local self-government bodies, especially in matters of alienation of communal property.

For citizens: Ensuring access to information on the activities of local self-government bodies, as well as the possibility of controlling the legality of their decisions. The creation of the register will allow obtaining information on the decisions taken.

Analysis of the explanatory note:

Analysis of the draft Law of Ukraine Regarding Legality in the Activities of Local Self-Government Bodies

Good day! As a professional lawyer, I have analyzed the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Ensuring Legality in the Activities of Bodies and Officials of Local Self-Government”. Here are my conclusions:

1. Essence of the draft law

This draft law aims to create a system for controlling the legality of acts of local self-government bodies by granting certain powers to state authorities. It provides for mechanisms for identifying and appealing illegal decisions, as well as creating a Unified State Register of Acts of Local Self-Government.

2. Reasons and necessity of adoption according to the author

According to the authors, after the decentralization reform and the deprivation of the prosecutor’s office of supervisory functions, a vacuum of control over the legality of decisions of local authorities was created. This has led to an increase in the number of illegal decisions. The authors believe that it is necessary to create a system of checks and balances to ensure compliance with the Constitution and laws of Ukraine by all authorities, taking into account European experience.

3. Main consequences of the draft law

The most important consequences of this project for various groups of stakeholders:

• For legislators

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