Analysis of the draft law:
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Analysis of other documents:
Analysis of documents regarding the draft law “On Amendments to Certain Legislative Acts of Ukraine Regarding Ensuring Legality in the Activities of Local Self-Government Bodies and Officials”
1. Conclusion of the Main Scientific and Expert Department of the Verkhovna Rada of Ukraine Apparatus
Position: In general, the department supports the idea of creating a mechanism to ensure legality in the activities of local self-government bodies, but expresses a number of comments regarding the proposed mechanism. The department draws attention to potential inconsistencies with the Constitution and European standards of local self-government.
Main provisions:
- Unified State Register of Local Self-Government Acts (Register of Acts): It is proposed to create a register for collecting, accumulating and storing acts
* **Powers of Local Self-Government Bodies:** Entrusting the Government with the authority to determine the procedure for maintaining the register and monitoring acts of local self-government bodies at the level of subordinate legislation raises doubts.
* **Register Subsystems:** Concerns regarding the division of the register into subsystems of open information and information with restricted access due to potential duplication and inconsistencies.
* **State Control:** The proposal to exercise state control over certain categories of acts of local self-government bodies may contradict the principles of local self-government and the European Charter of Local Self-Government, considering the autonomous legal nature of local self-government bodies.
* **Financing:** Questions regarding the financing of the creation and maintenance of the Register of Acts, providing relevant positions in the local self-government system, and the sources of funding for these expenses.
* **Powers of the MDA:** Ensuring the rule of law and order by the MDA through state control over acts of local self-government bodies raises doubts regarding compliance with constitutional norms, as the MDA’s authority to “interact with local self-government bodies” cannot be considered as exercising state control over their acts.
* **Suspension of Decisions of Local Self-Government Bodies:** Lack of legal regulation regarding the suspension of decisions of local self-government bodies on the grounds of their inconsistency with the Constitution or laws of Ukraine.
* **Terminology:** Inconsistency and identification of the concepts of “supervision of legality” and “state control” lead to a substitution of concepts.
* **Cancellation of Orders:** The legal mechanism for canceling orders of heads of territorial bodies of the ministry requires specification.
* **Compliance of Acts:** The draft lacks a mechanism for bringing acts of local self-government bodies adopted before the entry into force of this Law into compliance with the requirements of the Constitution and laws of Ukraine.
