of April 9, 1999 No. 586-XIV
About local public administrations
According to the Constitution of Ukraine this Law determines the organization, powers and procedure for activities of local public administrations.
The executive authority in areas and areas, the cities of Kiev and Sevastopol is performed by local public administrations.
The local public administration is local executive body and is a part of the system of executive bodies.
The local public administration within the powers performs the executive authority in the territory of the corresponding administrative and territorial unit, and also realizes the powers delegated by it the relevant council.
Features of implementation of the executive authority in the cities of Kiev and Sevastopol are determined by the separate laws of Ukraine.
Local public administrations within the corresponding administrative and territorial unit provide:
1) execution of the Constitution, laws of Ukraine, acts of the President of Ukraine, Cabinet of Ministers of Ukraine, other executive bodies of the highest level;
2) legality and law and order, observance of the rights and freedoms of citizens;
3) accomplishment of the state and regional programs of social and economic and cultural development, programs of environmental protection, programs of approval of the Ukrainian national and civil identity and in places of compact accommodation of indigenous people and ethnic minorities - also programs of their national and cultural development;
4) preparation and approval of forecasts of the relevant budgets, preparation and accomplishment of the relevant budgets;
5) performance report of the relevant budgets and programs;
6) interaction with local government bodies;
7) realization of other powers provided by the state, and also delegated by the relevant councils.
Local public administrations operate on the principles:
responsibility to the person and state for the activities;
supremacy of law;
legality;
priority of human rights;
publicity;
combinations of the state and local interests.
Local public administrations are legal entities.
Local public administrations have seals with the image of the State Emblem of Ukraine and the name, accounts in organizations of banks of Ukraine.
Names of local public administrations are derivative of names of the corresponding administrative and territorial units. Change of the name of administrative and territorial unit is the basis for renaming of the relevant local public administration.
Local public administrations are respectively in the regional and district centers, the cities of Kiev and Sevastopol.
On buildings where local public administrations and their structural divisions are placed, plates with the image of the State Emblem of Ukraine and the name of the body located there are hung out.
On buildings where local public administrations are placed, National Flag of Ukraine is hoisted.
Samples of seals and the corresponding plates of local public administrations and their structural divisions affirm the Cabinet of Ministers of Ukraine.
The structure of local public administrations is created by chairmen of local public administrations.
Within the budgetary appropriations allocated for maintenance of the relevant local public administrations and also taking into account requirements of article 18 of the Law of Ukraine "About fundamentals of the state regulatory policy in the sphere of economic activity" their chairmen determine structure of local public administrations.
Standard regulations on structural divisions of local public administration and the referral list of its structural divisions affirm the Cabinet of Ministers of Ukraine.
In pursuance of the Constitution of Ukraine, the laws of Ukraine, acts of the President of Ukraine, acts, the Cabinet of Ministers of Ukraine, the ministries and other central executive bodies which according to the law provide normative legal regulation, own and delegated powers the chairman of local public administration within the powers publishes orders, and heads of structural divisions orders.
The orders of chairmen of local public administrations accepted within their competence are obligatory for accomplishment in the corresponding territory by all bodies, the companies, organizations and the organizations, officials and citizens.
Acts of local public administrations which according to the law are regulatory acts are developed, considered, accepted and will be promulgated taking into account requirements of the Law of Ukraine "About fundamentals of the state regulatory policy in the sphere of economic activity".
Legal status of local public administrations is established by the Constitution of Ukraine, this Law and other laws of Ukraine.
Local public administrations in the activities are guided by the Constitution of Ukraine, present and other laws of Ukraine, acts of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts, the Cabinet of Ministers of Ukraine, executive bodies of the highest level, and district public administrations in the Autonomous Republic of Crimea - also decisions and resolutions of the Verkhovna Rada of the Autonomous Republic of Crimea, decisions of Council of Ministers of the Autonomous Republic of Crimea made within their powers.
Education and reorganization of district public administrations are performed by the Cabinet of Ministers of Ukraine after adoption by the Verkhovna Rada of Ukraine of the decision on creation and liquidation of areas taking into account the features established by this Law.
By reorganization of legal entities - district public administrations, their structural divisions legislation provisions relatively are not applied:
1) need of receipt of consent of creditors concerning replacement of the debtor in the obligation (the translation of debt);
2) the rights of creditors to require in connection with carrying out reorganization of ensuring obligation fulfillment, their early termination or execution and indemnification;
3) impossibility of completion of reorganization to satisfaction of the requirements declared by creditors.
In case of implementation of reorganization of district public administrations by accession of power on administration of such legal entities, ensuring preparation and acceptance by district public administrations which stop and their officials of decisions with subjects of powers of authority from the date of decision making about the beginning of reorganization is performed by the chairman of district public administration to which joining of other legal entities is performed.
Procedure of actions for creation and reorganization of district public administrations, and also legal succession concerning property, the rights and obligations of district public administrations which stop, determined by the Cabinet of Ministers of Ukraine taking into account the Budget code of Ukraine and the Law of Ukraine "About local self-government in Ukraine".
The relevant district public administrations, their structural divisions created as legal entities of the public law will be reorganized within the extreme number, payment terms of work of the workers and expense rates established by the Cabinet of Ministers of Ukraine.
Local public administrations are headed by chairmen of the relevant local public administrations.
Heads of local public administrations are appointed to position by the President of Ukraine on representation of the Cabinet of Ministers of Ukraine for term of office of the President of Ukraine
Nominations are made for positions of heads of district public administrations of the Cabinet of Ministers of Ukraine by heads of the relevant regional public administrations. One nomination is made for each position.
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