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LAW OF UKRAINE

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

About local self-government in Ukraine

(as amended on 04-06-2020)

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 united 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 meeting of all or parts of residents of the village (villages), the settlement, the city for 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 municipal 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 the 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 the 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 starostinsky district - part of the territory of the integrated territorial community created according to the Law of Ukraine "About voluntary consolidation of territorial communities" on which one or several settlements are located (villages, settlements), except the administrative center of the integrated territorial community, determined by village, settlement, city council for the purpose of providing representation of interests of inhabitants of such settlement (settlements) with the head;

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 indissoluble 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.

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 forbidden.

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;

head;

the regional and regional councils representing common interests of territorial bulks 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.

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 of citizens

1. General meeting of citizens at the place of residence is form of their direct participation in the solution of questions of local value.

2. Decisions of general meeting of citizens are considered by local government bodies in their activities.

3. The procedure for holding general meeting of citizens is determined by the place of residence by the law and the charter of territorial bulk.

Article 9. Local initiatives

1. Members of territorial bulk have the right to initiate consideration in council (according to the procedure of local initiative) any question carried to conducting local self-government.

2. The procedure for introduction of local initiative for consideration of council is determined by representative body of local self-government or the charter of territorial bulk taking into account requirements of the Law of Ukraine "About fundamentals of the state regulatory policy in the sphere of economic activity".

3. The local initiative submitted for consideration of council in accordance with the established procedure is subject to obligatory consideration at open session of council with the assistance of members of initiative group concerning local initiative.

4. The decision of council made on the question submitted for its consideration by local initiative will be promulgated according to the procedure, established by representative body of local self-government or the charter of territorial bulk.

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.

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. The territorial bulk has the right to carry out public hearings - to meet deputies of the relevant council and officials of local self-government during whom members of territorial bulk can hear them, bring up questions and make offers on local value, belonging to conducting local self-government.

2. Public hearings are carried out at least once a year.

3. Offers which are made by results of public hearings are subject to obligatory consideration by local government bodies.

4. The procedure for the organization of public hearings is determined by the charter of territorial bulk.

Article 14. Bodies of self-organization of the population

1. Rural, settlement, city, district in the city (in case of their creation) councils can permit to create house, street, quarter and other bodies of self-organization of the population at the initiative of inhabitants and to allocate them with part of own competence, finance, property.

2. Legal status, procedure for the organization and activities of bodies of self-organization of the population for the residence are determined by the law.

Article 14-1. Head

1. The head is elected official of local self-government.

2. The head is elected residents of the village, settlement (villages, settlements) located in the territory of the respective starostinsky district, 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.

3. Powers of the head begin with the moment of bringing of the oath by it according to the Law of Ukraine "About service in local government bodies" at the plenary session of the relevant village, settlement, city council at which the relevant territorial election commission announced the decision on its election and registration.

4. The term of office of the head elected on regular elections constitutes five years, except cases of early termination of its powers on the bases and according to the procedure, the determined this Law.

5. The head is member of executive committee of village, settlement, city council on position.

6. The head cannot have other representative mandate, combine the office activities with other position, including on a voluntary basis, to be engaged in another paid (except teaching, scientific and creative activities, medical practice, instructor and judicial practice for sport) or business activity.

7. The procedure for the organization of work of the head is determined by it and other laws, and also the Regulations on the head approved by village, settlement, city council.

Article 15. Forms of voluntary merging of local government bodies

1. Local government bodies for the purpose of more effective implementation of the powers, protection of the rights and interests of territorial bulks can unite in the associations of local government bodies and their voluntary associations which are subject to registration according to the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming".

2. Local government bodies and their associations can enter into the relevant international associations, other voluntary associations of local government bodies.

3. Powers of authority of local government bodies cannot be delegated to associations and other voluntary associations of local government bodies.

Article 16. Organization-legal, material and financial bases of local self-government

1. Local government bodies are legal entities and are allocated present and other laws with own powers within which are effective independently and bear responsibility for the activities according to the law.

2. Separate powers of executive bodies in which implementation they are under control to relevant organs of the executive authority can be conferred to local government bodies by the law.

3. Material and financial basis of local self-government is the personal and real estate, the income of local budgets, other means, the earth, natural resources which are in municipal property of territorial bulks of villages, settlements, cities, areas in the cities and also the objects of their joint property which are in management of regional and regional councils.

4. The decision on investment of city councils with the rights on property management and the financial resources which are in property of territorial bulks of areas in the cities is accepted on local referenda of the corresponding district bulks in the cities. If the territorial bulk of the area in the city as a result of referendum will not make the decision on transfer of the right of property management and finance to the relevant city council, and territorial bulk of the city or city council did not make the decision on creation of local government bodies of areas in the city, the city council exercises property management and the financial resources which are in property of territorial bulks of areas in the cities and bears responsibility to bulk of the respective area in the city.

5. From name and for the benefit of territorial bulks of the right of the subject of municipal property perform the relevant councils.

6. Local budgets are independent, they do not join in the Government budget of Ukraine, the budget of the Autonomous Republic of Crimea and other local budgets.

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