LAW OF UKRAINE

of May 21, 1997 No. 280/97-BP

About local self-government in Ukraine

This Law according to the Constitution of Ukraine determines system and guarantees of local self-government in Ukraine, the principles of the organization and activities, legal status and responsibility of bodies and officials of local self-government.

 Section I General provisions

Article 1. The main terms used in this Law

The main terms used in this Law have the following value:

territorial bulk - the inhabitants combined by permanent residence within the village, the settlement, the city which are independent administrative and territorial units or voluntary consolidation of residents of several villages, settlements, cities having the single administrative center;

administrative-territorial unit area, the area, the city, the area in the city, the settlement, the village;

local referendum - acceptance form territorial bulk of decisions on the questions relating to conducting local self-government by direct vote;

general meeting of inhabitants - meeting of all or parts of territorial community for participation in the solution of questions of local value;

the representative body of local self-government - elected body (council) which consists of deputies and according to the law is allocated with the right to represent the interests of territorial bulk and to make decisions from her name;

regional and regional councils - the local government bodies representing common interests of territorial bulks of villages, settlements and cities;

general structure of council - the quantitative list of deputies of council determined by council according to the law;

the structure of council quantity of deputies, the elected to the relevant council which powers are acknowledged and are not stopped in the procedure established by the law;

competent structure of council - the number of deputies, elected to the relevant council whose powers are acknowledged and are not stopped in the procedure established by the law, constituting at least two thirds of general structure of council;

executive bodies of councils - bodies which according to the Constitution of Ukraine and this Law are created rural, settlement, city, district in the cities (in case of their creation) councils for implementation of executive functions and powers of local self-government in the limits determined present and other laws;

bodies of self-organization of the population - the representative bodies created by part of inhabitants, temporarily or constantly living in the corresponding territory within the village, the settlement, the city;

the official of local self-government - the person which is working in local government bodies, having the appropriate ex-officio full powers in implementation of organizational and administrative and advisory and consultative functions and receiving the salary for the account of the local budget;

the delegated powers - the powers of executive bodies conferred to local government bodies by the law and also powers of local government bodies which are delegated to the relevant local public administrations according to the decision of regional, regional councils;

the right of utility property right of territorial bulk to own, reasonablly, economically, effectively to use and dispose at discretion and in the interests of the property belonging to it as is direct, and through local government bodies;

the budget of local self-government (local budget) - the plan of education and use of the financial resources necessary for ensuring functions and powers of local self-government;

the district budget - the plan of education and use of the financial resources necessary for ensuring common interests of territorial bulks of villages, settlements, cities of district value, accomplishment of local programs, implementation of budget equalization;

the regional budget - the plan of education and use of the financial resources necessary for ensuring common interests of territorial bulks, accomplishment of local programs, implementation of budget equalization;

the current budget - the income and expenses of the local budget formed and used for covering of current expenses;

the budgets of development income and expenses of the local budget formed and used for program implementation of social and economic development, strengthening of material and financial base;

the minimum budget of local self-government - the settlement amount of the local budget necessary for implementation of powers of local self-government at the level of the minimum social needs guaranteed by the state;

the minimum level of social needs - the minimum level of social services guaranteed by the state per capita within all territory of Ukraine;

self-taxation by tax - attraction form on voluntary basis according to the decision of meeting of citizens at the place of residence of means of the population of the corresponding territory for financing of one-time target actions of social nature;

The paragraph the twenty fourth Article 1 is excluded according to the Law of Ukraine of 14.07.2021 No. 1638-IX;

the administrative center of community - the settlement (the village, the settlement, the city) which has the developed infrastructure and is, as a rule, located closer to the geographical center of the territory of territorial community and in which there is representative body of local self-government of territorial community;

the territory of territorial community - the continuous territory within which the territorial community performs the powers according to the solution of questions of local value according to the Constitution and the laws of Ukraine as it is direct, and through local government bodies;

conference of inhabitants - holding general meeting of inhabitants by meeting of delegates of inhabitants of all territory of territorial community or its separate part, authorized to represent the interests of other inhabitants of the corresponding territory based on the decisions of general meeting passed within smaller parts of the territory of territorial community for participation in the solution of questions of local value;

the inhabitant - the citizen of Ukraine who declared or registered the residence in the territory of territorial community or the actual place of residence/stay of which is confirmed by the certificate of registration of the internally displaced person (further - the inhabitant living), except the serviceman of conscription service, physical person which according to the court verdict is in the place of detention.

Article 2. Concept of local self-government

1. Local self-government in Ukraine is the right guaranteed by the state and real capability of territorial bulk - residents of the village or voluntary consolidation in rural bulk of residents of several villages, the settlement, city - independently or under responsibility of bodies and officials of local self-government to resolve issues of local value within the Constitution and the laws of Ukraine.

2. Local self-government is performed by territorial bulks of villages, settlements, the cities as is direct, and through village, settlement, city councils and their executive bodies, and also through the regional and regional councils representing common interests of territorial bulks of villages, settlements, cities.

Article 3. Right of citizens to participation in local self-government

1. Citizens of Ukraine exercise the participation right in local self-government on belonging to the corresponding territorial bulks.

2. Any restrictions of the right of citizens of Ukraine for participation in local self-government depending on their race, skin color, political, religious and other convictions, floor, ethnic and social origin, property status, accommodation term in the corresponding territory, on language or other signs are prohibited.

Article 4. Basic principles of local self-government

Local self-government in Ukraine is performed on the principles:

democracy;

legality;

publicity;

collective nature;

combinations of local and state interests;

selectivities;

legal, organizational and material and financial independence within the powers determined present and other laws;

accountability and responsibility to territorial bulks of their bodies and officials;

state support and guarantee of local self-government;

judicial protection of the rights of local self-government.

Article 5. System of local self-government

1. The system of local self-government includes:

territorial bulk;

village, settlement, city council;

rural, settlement, mayor;

executive bodies of village, settlement, city council;

the paragraph of the sixth is excluded according to the Law of Ukraine of 14.07.2021 No. 1638-IX;

the regional and regional councils representing common interests of territorial communities of villages, settlements, cities

bodies of self-organization of the population.

2. In the cities with district division according to the solution of territorial bulk of the city or city council according to this Law district councils in the city can be formed. District councils in the cities form the executive bodies and elect the chairman of the board who is at the same time and the chairman of its executive committee.

Article 6. Territorial communities

1. Primary subject of local self-government, the main carrier of its functions and powers is the territorial community of the village, settlement, city.

2. Territorial communities according to the procedure, established by the law, can unite in one agricultural, settlement, city territorial community, form single local government bodies and choose according to rural, the settlement, city chairman.

3. Territorial communities of the village, settlement, city which voluntarily united in one territorial community can leave structure of the integrated territorial community according to the procedure, determined by the law.

4. The territorial community which administrative center determines the city is city territorial community which administrative center determines the settlement, - settlement territorial community which administrative center determines the village, - agricultural territorial community.

5. The name of territorial community, as a rule, is derivative of the name of the settlement (villages, the settlement, the city) determined by its administrative center or the place or historical name of the corresponding territory and is, as a rule, determined in the form of adjective, the corresponding category of territorial community (agricultural, settlement, city territorial community) and names of the respective area, area, the Autonomous Republic of Crimea in genitive case.

Article 6-1. Forms of participation of territorial community in the solution of questions of local value

1. Forms of participation of territorial community in the solution of questions of local value are:

1) local referendum;

2) general meeting (conference) of inhabitants;

3) local initiative;

4) public hearings;

5) participation of inhabitants in planning and distribution of means of the local budget;

6) public consultations;

7) advisory advisory body under bodies and/or officials of local self-government;

8) public estimation of activities of bodies and officials of local self-government;

9) other forms of participation which are not contradicting the law.

2. Participation of territorial community in the solution of questions of local value can directly be performed and/or with use of information and communication technologies if other is not provided by the law.

Article 7. Local referendum

1. The local referendum is decision form territorial bulk of questions of local value by direct declaration of will.

2. Any question carried by the Constitution of Ukraine, present and other laws to conducting local self-government can be subject of local referendum.

3. The questions carried by the law to maintaining public authorities cannot be submitted for local referendum.

4. The decisions made by local referendum are obligatory to execution in the corresponding territory.

5. The procedure for appointment and holding local referendum, and also the list of issues which are resolved only by referendum are determined by the law on referenda.

Article 8. General meeting (conference) of inhabitants

1. General meeting (conference) of inhabitants is form of participation of inhabitants in the solution of questions of local value.

2. General meeting of inhabitants can be held in the territory of all territorial community or in its separate parts (within the city, one or several areas in the city, villages, the settlement, the residential district, the quarter, the street, the Maidan, the area, the boulevard, the avenue, the highway, way, the lane, descent, journey, the house).

In the cases determined by the charter of territorial community the conference of inhabitants can be convened. Election of delegates of conference of inhabitants is performed on general meeting of the inhabitants preceding conference of inhabitants and who are carried out within smaller parts of the territory of territorial community (in city boundaries, one or several areas in the city, villages, the settlement, the residential district, the quarter, the street, the Maidan, the area, the boulevard, the avenue, the highway, way, the lane, descent, journey, the house).

3. General meeting of inhabitants is authorized on condition of participation more than a half of inhabitants in them with voting power living in the territory of holding general meeting, and in case of convocation of conference of inhabitants - more than two thirds of the number of delegates determined by quota.

On general meeting (conference) of inhabitants inhabitants of the territory in which they are carried out which performed 18 years have the right to vote.

4. Decisions of general meeting (conference) of inhabitants are made by a majority vote the inhabitants with voting power participating in the relevant meetings (conference) drawn up by the protocol and are subject to accounting by local government bodies in their activities.

By results of the held general meeting (conference) of inhabitants the protocol which shall contain data about is constituted:

1) date and place of their carrying out, territory of holding general meeting (conference) of inhabitants;

2) the number of inhabitants with voting power of the territory in which general meeting, or the number of delegates of conference determined by quota is held;

3) the number of inhabitants of the territory in which general meeting (conference) of inhabitants is held with voting power (delegates of conference) participating in general meeting (conference) of inhabitants, with indication of surname, own name (all own names) and middle name (in the presence), numbers, month and year of birth, the place of the declared or registered accommodation (the actual accommodation / stay that is confirmed by the certificate of registration of the internally displaced person), series (in the presence) and the document number (documents) proving (proving) the identity confirms (confirm) citizenship of Ukraine and the residence (stay) of person certified by the signature of such participants;

4) question of local value on which the decision, or candidates of delegates on conference of inhabitants, the course of their discussion was made;

5) the number of inhabitants (delegates of conference) who supported the decision, with indication of surname, own name (all own names) and middle name (in the presence), numbers, month and year of birth, the place of the declared or registered accommodation (the actual accommodation / stay that is confirmed by the certificate of capture on accounting of the internally displaced person), series (in the presence) and the document number (documents) proving (proving) the identity, confirming (confirming) citizenship of Ukraine and the residence (stay) of person, certified by the signature of such participants;

6) results of vote on each question or each candidate.

Copies of protocols of general meeting of inhabitants to whom delegates of conference were elected are attached to the protocol of conference.

Personal data of participants of general meeting (conference) of inhabitants are confidential information. Persons having access to this information for fulfillment of requirements of this law bear responsibility for its illegal processing.

Decisions of general meeting (conference) of inhabitants are considered by local government bodies in their activities only concerning the territory of holding general meeting (conference) of inhabitants.

Decisions of general meeting (conference) of inhabitants are considered by council at the next regular session with the obligatory invitation of persons authorized by general meeting (conference) of inhabitants with the right to performance.

Consideration by council of the decisions made by general meeting (conference) of inhabitants is performed according to the law and provisions of regulations of council accepted according to it determining procedure for preparation and consideration of questions of the agenda at the session of council.

By results of consideration of decisions of general meeting (conference) of inhabitants council makes decisions.

5. Can be the initiator of general meeting (conference) of inhabitants:

1) initiative group of inhabitants;

2) village, settlement, city council;

3) rural, settlement, mayor;

4) executive body of village, settlement, city council;

5) permanent deputy commission;

6) body of self-organization of the population - within the territory of the activities;

7) the head - within the respective starostinsky district.

6. In the charter of territorial community are determined:

1) procedure for initiation of general meeting (conference) for inhabitants;

2) quota (rate of representation) for conferences of inhabitants in case of its carrying out;

3) territory of holding general meeting (conference) of inhabitants;

4) procedure for convocation, preparation, holding general meeting (conference) of inhabitants;

5) procedure for decision making by general meeting (conference) of inhabitants;

6) procedure for informing inhabitants on results of consideration and implementation of decisions of general meeting (conference) of inhabitants;

7) other questions on the organization and holding general meeting (conference) of inhabitants.

7. Local government bodies give organizational and technical help in holding general meeting (conference) of inhabitants.

Article 9. Local initiative

1. Inhabitants have the right to initiate consideration by council according to the procedure of local initiative of any question carried to powers of local government bodies.

2. The procedure for introduction of local initiative for consideration of council is determined by the charter of territorial community, the decision of regional, regional council.

3. The local initiative is considered at the next regular session of council with the obligatory invitation of members of initiative group concerning local initiative with the right to performance.

Consideration of local initiative by council is performed according to the provisions of Regulations of council determining procedure for preparation and consideration of questions of the agenda at the session of council.

4. By results of consideration of local initiative council makes the decision.

5. The local initiative is submitted for consideration of council in writing.

6. Are determined by the charter of territorial community, the decision of regional or regional council:

1) procedure for introduction of local initiative for consideration of council;

2) requirements for quantitative structure and procedure for formation of initiative group;

3) the number of signatures which needs to be collected in support of local initiative;

4) procedure and method of petition;

5) procedure for informing inhabitants on results of consideration and realization of local initiative by council;

6) other questions on realization of local initiative.

Article 10. Councils - representative bodies of local self-government

1. Village, settlement, city councils are the local government bodies representing the corresponding territorial bulks and performing from their name and in their interests of function and power of local self-government determined by the Constitution of Ukraine, present and other laws.

2. Regional and regional councils are the local government bodies representing common interests of territorial bulks of villages, settlements, cities within the powers determined by the Constitution of Ukraine, present and other laws and also the powers delegated to them by village, settlement, city councils.

3. Representative bodies of local self-government, rural, settlement, mayors, executive bodies of local self-government are effective by the principle of distribution of powers according to the procedure and the limits determined present and other laws.

4. The procedure for forming and the organization of activities of councils are determined by the Constitution of Ukraine, present and other laws, and also charters of territorial bulks.

5. The number of employees of local government bodies is established by the relevant council within the total number determined by the standard states approved by the Cabinet of Ministers of Ukraine.

6. For realization of the powers village, settlement, city, regional, regional councils can form advisory advisory bodies.

Article 11. Executive bodies of councils

1. Executive bodies rural, settlement, city, district in the cities (in case of their creation) councils are their executive committees, departments, managements and other executive bodies created by councils.

2. Executive bodies of rural, settlement, city, district councils in the cities are under control and accountable to the relevant councils, and concerning implementation of the powers of executive bodies delegated by it - are also under control to relevant organs of the executive authority.

3. In the village councils representing the territorial bulks numbering up to 500 inhabitants according to the solution of the corresponding territorial bulk or village council executive body of council it can not be created. In this case functions of executive body of council (except the order land and natural resources) are performed rural by the head solely.

Article 12. Rural, settlement, mayor

1. Rural, settlement, the mayor is the main official of territorial bulk according to the village (voluntary consolidation in one territorial bulk of residents of several villages), the settlement, the city.

2. Rural, settlement, the mayor is elected by the corresponding territorial bulk on the basis of general, equal, direct suffrage by secret vote according to the procedure, determined by the law, and performs the powers on permanent basis. The term of office rural, settlement, the mayor elected on the regular local elections is determined by the Constitution of Ukraine.

3. Rural, settlement, the mayor heads executive committee of the relevant village, settlement, city council, presides over its meetings.

4. Rural, settlement, the mayor cannot be the deputy of any council, combine the office activities with other position, including be engaged on a voluntary basis in other paid (except teaching, scientific and creative activities, medical practice, instructor and judicial practice for sport) or business activity.

5. On rural, settlement, mayors extend power and guarantees of deputies of councils, provided by the law on the status of deputies of councils if other is not established by the law.

6. Powers of rural, settlement, city chairmen can be temporarily assigned to the head of the relevant military civil authorities according to the Law of Ukraine "About military civil authorities.

Article 13. Public hearings

1. Inhabitants have the right to carry out public hearings - to meet for discussion of questions deputies of village, settlement, city council and officials of local self-government during which to hear specified persons, to bring up questions and to make offers on the solution of questions of local value.

2. Public hearings can be carried out in the territory of all territorial community or in its separate parts (in city boundaries, one or several areas in the city, villages, the settlement, the residential district, the quarter, the street, the Maidan, the area, the boulevard, the avenue, the highway, way, the lane, descent, journey, the house).

3. Can be the initiator of public hearings:

1) initiative group of inhabitants;

2) village, settlement, city council;

3) rural, settlement, mayor;

4) executive body of village, settlement, city council;

5) permanent deputy commission;

6) body of self-organization of the population - within the territory of the activities;

7) the head - within the respective starostinsky district.

4. Carrying out public hearings is obligatory in the relation:

1) acceptance, introduction of amendments to the charter of territorial community;

2) drafts of program documents (concepts, programs, strategy, plans), except the strategic plan of development of territorial community and changes in it;

3) budget statement of local self-government;

4) other questions determined by the law or the charter of territorial community.

5. The offers on the solution of questions of local value made by results of public hearings are subject to obligatory consideration with adoption of the relevant decision by bodies and officials of local self-government within which competence the raised question, within 30 calendar days from the date of carrying out public hearings is. The decision made by results of consideration of offers of public hearings is subject to promulgation with indication of reasons for accounting of the offer or motivated refusal.

Bodies or officials of local self-government shall invite representatives of the initiator of public hearings to participation in consideration of the offers made by results of public hearings with the right to performance.

Consideration by village, settlement, city council of the offers made by results of public hearings is performed according to the law and provisions of regulations of council accepted according to it determining procedure for preparation and consideration of questions of the agenda at the session of council.

6. Are determined by the charter of territorial community:

1) procedure for initiation, preparation and carrying out public hearings;

2) territory of carrying out public hearings;

3) procedure for adoption of offers of public hearings;

4) procedure for consideration of offers of public hearings by officials and executive bodies of council;

5) procedure for informing inhabitants on results of consideration and implementation of offers of public hearings;

6) other questions connected with carrying out public hearings.

7. Local government bodies give organizational and technical help in carrying out public hearings.

Article 13-1. Participation of inhabitants in planning and distribution of means of the local budget

1. Inhabitants have the right to participate in planning and distribution of means of the local budget by introduction of relevant proposals.

Local government bodies promote involvement of inhabitants to process of creation, consideration, accomplishment of the local budget and reporting on its accomplishment.

2. Forms and procedure for introduction of offers by inhabitants concerning means of the local budget are determined by the decision of council or the charter of territorial community.

Proposals of inhabitants on planning and distribution of means of the local budget are taken into account the relevant council.

Article 13-2. Public consultations

1. Inhabitants have the right to participate in the public consultations organized by local government bodies, way of introduction of offers on the solution of questions of local value.

2. The procedure for carrying out public consultations by local government bodies is determined by the law.

Article 13-3. Advisory advisory bodies under bodies and/or officials of local self-government

1. Inhabitants can be part and/or participate in work of advisory advisory bodies (in case of their education) under bodies and/or officials of local self-government for the purpose of preparation of suggestions for improvement of their work, participation in project development of acts, the solution of other questions carried to powers of the specified bodies and/or officials.

2. Tasks, structure and the organization of work of advisory advisory bodies under bodies and/or officials of local self-government are determined by the decision of body or the official in case of which they are formed. Meetings of advisory advisory bodies can be held in the video conference mode. Information on the agenda, date, the place and time of holding meeting of advisory advisory body, and also decisions made following the results of meeting are posted on the official website of council.

Article 13-4. Public estimation of activities of bodies and officials of local self-government

1. Public estimation of activities of bodies and officials of local self-government is the form of public control providing carrying out activities of relevant organs by his initiator of the analysis and officials, preparation of conclusions and offers.

Bodies and officials of local self-government promote carrying out public estimation of their activities.

2. Subject of public estimation are the activities of bodies and officials of local self-government connected with implementation of the powers by them, acceptance and accomplishment of decisions.

3. The analysis of activities of bodies and officials of local self-government is carried out by the initiator of public estimation performing activities in the territory of the corresponding territorial community.

Can be the initiator of public estimation:

1) public association;

2) labor union (merging of labor unions);

3) creative union;

4) organization of employers (merging of the organizations of employers);

5) charitable organization;

6) body of self-organization of the population.

4. The initiator of public estimation directs addressed to rural, settlement, the mayor, the chairman district in the city, regional, regional council the message on carrying out public estimation with indication of:

1) the name, identification code (in the presence) and locations, contact telephone numbers, the e-mail address (in the presence) and the postal address for correspondence if it is other than the location of the initiator;

2) positions, surnames, name and middle name of the authorized person of the initiator with which the authorized person of local government body concerning carrying out public estimation will interact;

3) subject and purpose of carrying out public estimation.

5. The initiator of public estimation can send request for information with the description of information or specifying of type, the name, details or contents of the documents necessary for carrying out public estimation, according to the Law of Ukraine "About access to public information" along with submission of the message provided by part four of this Article.

Documents and information on request of the initiator of public estimation prepare and provided according to the Law of Ukraine "About access to public information", with observance of requirements of the Law of Ukraine "About personal data protection".

6. By results of consideration of the message of the initiator of public estimation rural, settlement, the mayor, the chairman district in the city, regional, regional council publishes the order about assistance to carrying out public estimation. Date of the edition of such order is start date of carrying out public estimation.

At the disposal of rural, settlement, the mayor, the chairman district in the city, regional, regional council about assistance to carrying out public estimation are specified:

1) surname, name, middle name and position of the authorized person of the local government body responsible for assistance to carrying out public estimation;

2) the list of actions which shall be provided with body or the official of local self-government for the purpose of assistance to carrying out public estimation, with indication of terms and executives in charge;

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