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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 9, 2013 No. 740

About approval of the Procedure for transfer to local public administrations of powers of executive bodies of the highest level and their return

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 27.08.2014 No. 477)

According to Article part three 13, 14, of article 29-1 of the Law of Ukraine "About local public administrations" the Cabinet of Ministers of Ukraine decides Article parts two:

Approve the Procedure for transfer to local public administrations of powers of executive bodies of the highest level and their return which is applied.

Prime Minister of Ukraine                                                    

N. Azarov

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 9, 2013, No. 740

Procedure for transfer to local public administrations of powers of executive bodies of the highest level and their return

1. This Procedure determines the transfer mechanism in the cases provided by the law, to the local state administrations of powers of the ministries, other central executive bodies, local administrations of the highest level and their return.

2. The question of transfer to the local state administrations of powers of the ministries, other central executive bodies, local state administrations of the highest level is put before the Cabinet of Ministers of Ukraine the ministries, other central executive bodies, the regional, Kiev and Sevastopol city public administrations.

Questions of transfer to the local state administrations of powers of the ministries, other central executive bodies, local state administrations of the highest level can be also initiated before the Cabinet of Ministers of Ukraine the Prime Minister of Ukraine, the First vice-Prime Minister of Ukraine, vice-Prime Ministers of Ukraine.

3. Offers of the ministries, other central executive bodies, local state administrations of the highest level on delegation of power to the local state administrations are approved with the relevant local state administrations.

Offers of the local state administrations concerning delegation of power of the ministries, other central executive bodies, local state administrations of the highest level are approved with the relevant ministries, other central executive bodies, the local state administrations.

Offers of the central executive body which activities go and coordinated by the Cabinet of Ministers of Ukraine through the corresponding minister concerning delegation of power to the local state administrations are approved also with the corresponding minister.

4. Offers on transfer to the local state administrations of powers of the ministries, other central executive bodies, local state administrations of the highest level shall contain:

legislative basis for delegation of power;

the list of powers which are offered to be transmitted;

reasons for feasibility of such transfer;

financial and economic calculations of the material and finance costs necessary for their accomplishment.

Together with offers concerning transfer to the local state administrations of powers of the ministries, other central executive bodies, local state administrations of the highest level in accordance with the established procedure the corresponding draft decision of the Cabinet of Ministers of Ukraine is also introduced.

5. The Cabinet of Ministers of Ukraine makes the decision on transfer to the local state administrations of powers of the ministries, other central executive bodies, local state administrations of the highest level.

The decision shall contain provisions, in particular relatively:

transfers of the appropriate financial, material and other resources to the local state administrations necessary for accomplishment of powers;

order to the ministries, other central executive bodies, local state administrations of the highest level of implementation of the measures necessary for transfer of appropriate authority;

continuation of accomplishment by the ministries, other central executive bodies, local state administrations of the highest level of the powers delegated to the local state administrations by the decision of the Cabinet of Ministers of Ukraine about day of entry into force of the act of the Cabinet of Ministers of Ukraine concerning possibility of ensuring accomplishment by the local state administrations of delegated powers.

6. Ensuring implementation of the actions connected with the organization of proper execution of delegated powers of the ministries, other central executive bodies, the local state administrations of the highest level is assigned to the chairman of the relevant local state administration.

7. The act of the Cabinet of Ministers of Ukraine concerning possibility of ensuring accomplishment by the local state administrations of the powers delegated to them is issued after transfer of the appropriate financial, material and other resources to them, delegated powers, and implementation of the relevant organizational activities, necessary for accomplishment.

8. The local state administrations submit twice a year to the Cabinet of Ministers of Ukraine, the ministries, other central executive bodies, the local state administrations of the highest level information on accomplishment of the powers delegated to them.

9. The Prime Minister of Ukraine, the First vice-Prime Minister of Ukraine, vice-Prime Ministers of Ukraine, the minister, the head of other central executive body, chairmen of the regional, Kiev and Sevastopol city state administrations has the right to put reasonable ideas of return of delegated powers before the Cabinet of Ministers of Ukraine.

By results of representation consideration the Cabinet of Ministers of Ukraine makes the relevant decision.

Return of powers is performed with observance of the procedure provided items 4- 6by of this Procedure.


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