LAW OF UKRAINE

of June 17, 2014 No. 1508-VII

About cooperation of territorial communities

This Law determines organization-legal bases of cooperation of territorial communities, the principles, forms, mechanisms of such cooperation, its stimulation, financing and control.

Section I General provisions

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) the agreement on cooperation - the agreement on conditions of cooperation of territorial communities, determines form of cooperation, obligations and responsibility of the parties - subjects of cooperation, sources and amounts of its financing;

2) cooperation of territorial bulks (further - cooperation) - the relations between two or more territorial communities, are performed on a contract basis in the forms determined by this Law for the purpose of ensuring social and economic, cultural development of the territories, improvement of quality of provision of services to the population on the basis of common interests and the purposes, effective implementation by local government bodies of the powers determined by the law;

3) joint project - complex of the joint actions performed by local government bodies of subjects of cooperation at the expense of means of local budgets and other sources which are not forbidden by the legislation and aimed at the social and economic, cultural development of the territories;

4) the additional Treaty of Accession to cooperation - approved by all participants of cooperation of the transaction which makes changes to the current agreement about cooperation according to which one or several the interested territorial communities joins earlier organized cooperation, and also changes of certain conditions of such agreement regarding expansion of the territory, sources, the amounts of financing of cooperation, amendment of other terms of the contract without change of the subject of the agreement and form of cooperation can be provided.

Article 2. Cooperative principles

1. The cooperation is based on the principles:

1) legality;

2) voluntariness;

3) mutual advantage;

4) transparency and openness;

5) equality of participants;

6) the cross liability of subjects of cooperation for its results.

Article 3. Subjects and spheres of cooperation

1. Subjects of cooperation are territorial communities of villages, settlements, cities.

Territorial bulks perform cooperation through village, settlement and city councils.

2. The cooperation is performed in spheres of common interests of territorial communities within powers of relevant organs of local self-government if other is not provided by the law.

Article 4. Forms of cooperation

1. The cooperation is performed in shape:

1) delegation one of subjects of cooperation with other subjects of cooperation of accomplishment of one or several tasks with transfer of appropriate resources to it;

2) realization of joint projects, provides coordination of activities of subjects of cooperation and accumulation by them for certain period of resources for the purpose of joint implementation of the relevant activities;

3) joint financing (content) by subjects of cooperation of the companies, organizations and organizations of municipal pattern of ownership, infrastructure facilities;

4) formation by subjects of cooperation of the joint municipal businesses, organizations and organizations, general infrastructure facilities;

5) formation of joint governing body by subjects of cooperation for collateral execution of the powers determined by the law.

2. The cooperation stops in case of the prior notice the subject of cooperation of other his subjects with payment of compensation to them in accordance with the terms of the signed agreement taking into account articles 18-20 of this Law.

3. The cooperation can be performed in one form or unite elements of several forms (the agreement on cooperation with combination of several forms of cooperation). The provisions of this Law governing the relations which elements contain in the specified agreement are applied to the relations of the parties in the agreement on cooperation with combination of several forms of cooperation.

Section II Organization of Cooperation

Article 5. Initiation of cooperation

1. The mayor, deputies of village, settlement, city council, members of territorial community according to the procedure of local initiative can be initiators of cooperation rural, settlement.

The initiator of cooperation provides preparation of the offer on initiation of cooperation, is submitted for consideration of village, settlement, city council.

2. The offer on initiation of cooperation shall contain the purpose, reasons for feasibility of cooperation, information on the sphere of its implementation, form and the expected financial results, and also other condition cooperation, necessary for the organization.

3. The decision on provision of consent to the organization of cooperation is made by village, settlement, city council based on preliminary conclusions of its executive bodies on compliance to interests and requirements of territorial community of the offer on initiation of cooperation.

Accepted in accordance with the established procedure by village, settlement, city council of the decision on provision of consent to the organization of cooperation is the basis for rural, settlement, the mayor to start negotiations between potential subjects of cooperation on its organization and creation of the commission on preparation of the draft agreement on cooperation (further - the commission).

Article 6. Negotiations on the organization of cooperation

1. The rural, settlement, city chairman who represents territorial community directs the offer on the beginning of negotiations on questions of the organization of cooperation rural, settlement, to mayors who represent the corresponding territorial communities - potential subjects of cooperation, and provides formation of the commission which part representatives of the corresponding territorial communities are.

2. Rural, settlement, the mayor provides within 60 days from receipt date of the offer on the beginning of negotiations on questions of the organization of cooperation of its studying, assessment by executive bodies of village, settlement, city council about compliance to requirements of territorial community, and also carrying out public discussion of such offer then it moves for consideration of the relevant council for decision making about provision of consent to the organization of cooperation or refusal and delegation of the representative (representatives) in the commission.

Article 7. Commission

1. Representatives of all subjects of cooperation are part of the commission in equal quantity.

The structure of the commission affirms the joint order rural, settlement, the mayors representing territorial communities - subjects of cooperation.

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