LAW OF UKRAINE

of January 15, 1999 No. 401-XIV

About the capital of Ukraine - the hero town of Kiev

This Law determines the special status of the city of Kiev as the capitals of Ukraine, feature of implementation of the executive authority and local self-government in the city according to the Constitution of Ukraine and the laws of Ukraine.

Section I GENERAL PROVISIONS

Article 1. The city of Kiev - the capital of Ukraine

1. The city of Kiev according to the Constitution of Ukraine is the capital of Ukraine.

2. The city of Kiev as the capital of Ukraine is:

1) political and administrative center of the state;

2) location of the residence of the head of state - President of Ukraine, Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, Constitutional Court of Ukraine, Supreme Court of Ukraine, central public authorities;

3) spiritual, cultural, historic, scientific and educational center of Ukraine;

4) the location of diplomatic representations of foreign states and the international organizations in Ukraine.

3. The city of Kiev is the location of the Kiev regional council and Kiev regional public administration and their bodies.

4. The city of Kiev is the location of relevant organs of the executive authority and local self-government.

5. The capital status of the city assigns subsidiary duties to local government bodies and executive bodies and guarantees to these bodies provision from the state of the additional rights.

Article 2. Administrative-territorial device of the city of Kiev

1. The system of the administrative-territorial device of the city of Kiev is constituted by areas in the city.

2. The city boundaries of Kiev are established by the Verkhovna Rada of Ukraine on the representation of the Kiev city council approved with the relevant councils taking into account historical, social and economic and other features of the territory according to the current legislation.

Article 3. Symbolics of the city of Kiev, areas in the city

1. The territorial bulk of the city of Kiev has the coat of arms, flag and other symbolics. Areas in the city can have own symbolics.

2. Content, the description, procedure for use of symbolics are determined by Regulations on symbolics which affirm respectively the Kiev city council and district councils in the city.

Article 4. Capital functions of the city of Kiev

1. Local government bodies and the executive authority in the city of Kiev provide within the powers determined by the laws of Ukraine, implementation by the city of the following functions:

1) creation of proper conditions for activities in the city of the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the central public authorities, official representations of foreign states and the international organizations, organizations and institutions of science, education, health care, culture and sport which location according to the legislation determines the city of Kiev;

2) the solution of questions on placement of the central bodies which are formed by the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine, and also diplomatic representations, consulates of foreign states and representative offices of the international organizations in Ukraine;

3) rendering on a contract basis municipal, engineering, welfare, transport, information and other services to the state bodies, diplomatic representations of foreign states, representative offices of the international organizations placed in the city of Kiev;

4) interaction with the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine in case of development and implementation of the actions, programs and projects infringing on interests of the capital by them;

5) implementation of actions for preserving and recovery of monuments of history, the culture, religion, architecture and town planning, reserved and natural zones and landscapes having national value;

6) accomplishment of other functions of the city of Kiev provided in the legislation of Ukraine specific to functioning of Kiev as the state capitals, within the legislation of Ukraine.

2. Implementation of capital functions is provided with executive bodies and local government bodies in the city of Kiev and guaranteed by the state.

Article 5. Charter of territorial bulk of the city of Kiev

For the purpose of accounting of features of functioning of the city of Kiev as the capitals of Ukraine, based on this Law, the Kiev city council approves the Charter of territorial bulk of the city of Kiev which is subject to registration in the Ministry of Justice of Ukraine.

The Section II the ORGANIZATION-LEGAL BASIS of IMPLEMENTATION of LOCAL SELF-GOVERNMENT AND the EXECUTIVE AUTHORITY IN the CITY OF KIEV

Article 6. Implementation of local self-government and the executive authority in the city of Kiev

Local self-government in the city of Kiev is performed by territorial bulk of the city as it is direct, and through the Kiev city council, district councils in the city (in case of their education) and their executive bodies.

Local public administrations are accountable and under control to the relevant councils regarding the powers delegated by it the relevant councils.

Article 7. System of local self-government in the city of Kiev

1. The system of local self-government in the city of Kiev includes:

territorial bulk of the city;

mayor;

city council;

executive body of city council;

regional councils (in case of their education);

executive bodies of district councils in city;

bodies of self-organization of the population.

2. Regional councils can be formed according to the solution of territorial community of the city of Kiev accepted by holding local referendum or according to the decision of the Kiev city council.

The solution of territorial community of the city of Kiev or the Kiev city council concerning formation (not education) of regional councils shall be accepted in day of regular elections.

Article 8. Main forms of implementation of local self-government

1. Local self-government in the city of Kiev is performed by territorial bulk of the city as it is direct, and through the Kiev city council, district councils in the city (in case of their education) and their executive bodies.

2. Members of bulk have the right in accordance with the established procedure to organize meetings of citizens at the place of residence and to take part in them, to initiate consideration in council of any question of local self-government, to create bodies of territorial self-organization of the population.

3. Decisions of local government bodies based on their discrepancy to the Constitution or the laws of Ukraine stop in the procedure established by the law with simultaneous appeal to the court.

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