Local government in Ukraine


The local government in Ukraine consists of two systems based on administrative divisions of Ukraine. There are 24 oblasts, the Autonomous Republic of Crimea, and two city councils with special status, with each region further divided into raions and city councils of regional significance and then smaller cities of raion significance, settlements, villages.
In Ukraine, relations regarding the organization and activity of entities of local government are regulated by the Constitution of Ukraine, laws "About local self-governance in Ukraine" and "About local state administrations".

Concept and structure

Two systems of local government:
  1. a system of local self government as public government of territorial community and formed by them municipal governing bodies
  2. a system of local bodies of state executive power that is represented by local state administrations
For their legal nature, specific characteristics, functions and powers, those are different systems. The functioning of local state administration embodies the concept of state political and legal nature of local government, while activities of territorial communities are in line with the concept of dualism of functions and powers of self governing – a non-governmental political and legal nature and before all an element of civil society. The differences between functions of local bodies of state executive power and of territorial communities become apparent in the subject-object qualities of these subjects. Local state government solves local issues of state significance, and local self government deals with issues of local significance that influence collective interest of residents, members of the territorial community.
The local state administrations are bodies of state executive power at local level that are subordinated to bodies of executive power of higher level, and also accountable to and under the control of the relevant representative bodies in the field of the powers delegated to them. Their functions have state nature, predetermined by tasks and problems of state significance and they are the embodiment of the policy of deconcentration. At functional level the local state executive government does not have independent rights and powers distinct and separate from the rights and powers of bodies of the central state government.
As for territorial communities, they are natural corporations of local residents who carry out self-government directly or through local self-governing authorities and exist on principles of self-organization and are not subordinated hierarchically to other government entities.
Because the nature of governance in both systems of local government is different, so is distinct the nature of their relationship with a person. If in the system of local bodies of state executive power a person functions as a citizen of the state, at local level he or she acts as a member of territorial community, as a resident of the respective territorial entity. It completely changes the system of coordinate that dominates in the country with respect to human rights. From the tier "citizen–state" human rights transition to the tier "resident–body of self-government" and are transformed into municipal rights of the individual. From one side such rights are specific and unique only to the tier of local self-governing as well as personal and collective interests of the residents, from another side it is a manifestation of a common human rights to life and the free development of one's personality, and so on.
There is a unifying principle in the activities of local executive bodies and territorial communities, i.e. autonomous decisions of both systems of local government aimed at meeting the collective needs of the population; presence of a specific state office for exercising power; functioning within the limits of laws and other regulations; exercising of authority in a particular territory in respect of all individuals within it; imposition and collection of taxes and fees; independent formation of budget etcetera. Establishment and development of the institution of self-government, providing it with certain state powers, formation of local state administrations are the links of the process of decentralization of public government.
In cities with district divisions, decisions of the local community or the city council may be made at the district level.
Executive bodies of villages, townships, city and city-district councils have their executive committees and departments established by the council's executive bodies. The implementation of delegated executive powers is also under the control of the relevant executive bodies.
The village, township, or city mayor is the chief executive of the local community at the village, town or city level, elected by universal, equal and direct suffrage by secret ballot every four years in the manner prescribed by law. The village or township mayor leads the executive committee of the respective village, township or city council, and presides at its meetings.

Historical outlook

In 2015 a new administrative unit United territorial communities were created meaning settlement councils, rural councils and a city of district significance can create a new administrative unit. This new administrative unit was created to help the financial and administrate power and independence of rural Ukraine. According to December 2019 draft constitutional changes submitted to the Verkhovna Rada by President Volodymyr Zelensky United territorial communities are planned to replace the raions of Ukraine.

Powers

Bodies subject to local self-government law may be separate arms of the executive. Executive bodies of villages, townships and city councils have jurisdiction in the following areas:
At meetings of the village, township and city council, the following issues are decided:
The powers of executive bodies of village, township and city councils are autonomous or delegated. Delegated powers include:
The financial basis of local government consists of movable and immovable property, revenues, other funds, land, natural resources and common property, and is managed by district and regional councils. Territorial communities of villages, towns and cities may unite objects of communal property and budget funds for implementation of joint projects, or to jointly finance communal enterprises, organizations and institutions. The state participates in the revenue of local budgets, financially supporting local self-government. Costs to local government arising from decisions of public authorities are compensated by the state.
Local governments can be legally-separate powers of the executive. The state finances the exercise of these powers in full from the state budget of Ukraine, or transfers to local governments appropriate objects of state property. Activities of local authorities aim to meet the social needs of citizens and to obtain essential services. Local budgets are the financial base of local governments; the resources accumulated in these budgets determine how effectively local authorities can carry out their mandate.

Elections

Under the Constitution of Ukraine, the term of office of the heads of villages and towns and the council members of these villages and towns is five years. The last nationwide local election was held in 2015. The next regular local elections in Ukraine, according to the Constitution of Ukraine, are to take place on the last Sunday of October 2020. Holding a snap election will not cancel the October 2020 regular election in the place where the snap election was held
Rural township councils are elected by a majority in single-member constituencies, which divide territory under the village level. Municipal councils are elected by a proportional system: members are elected from electoral lists of candidates. District councils in cities are also elected by a proportional system.
Elections at the village and township levels are by a majority electoral system.
Ukrainian citizens who belong to the relevant local community and are entitled to vote may do so in national, regional, district, city-district or local elections and fully participate in political life, as determined by the laws of Ukraine.
Composition of village, township, city, city-district, district and regional councils should be:
The right to nominate candidates is implemented through local voters of the parties or by self, as provided by law.

Examples

Regional and district councils are local authorities which represent the common interests of villages and towns within the powers specified in the Constitution of Ukraine, other laws and powers transferred to them by rural, town and city councils. At plenary sessions of the district and regional councils, the following issues are decided:
The District Chairman is elected from among its members during the term of the council by secret ballot, and serves until a new chairman is elected. The chairman is accountable to the council; they may be dismissed from office by a two-thirds majority of the council in a secret ballot. Regional and district councils do not form their own executive bodies, since appropriate powers delegated by their regional and district state administrations.
The organizational, legal, informational, analytical and logistical activities of the council and its agencies provide staff for council members. It contributes interaction and relationships with local communities, local authorities, bodies and officials of local governments. The ex officio chairman heads the council.
Executive power in oblasts, districts and the cities of Kiev and Sevastopol is exercised by local administrations. The organization, powers and procedures of local public administrations is defined by the Law of Ukraine "On local state administrations" of April 9, 1999 № 586-XIV. The exercise of executive power in Kiev and Sevastopol are determined by special laws. The composition of local state administrations is formed by the head of local state administrations, who are appointed and dismissed by the President of Ukraine upon submission to the Cabinet of Ministers.
State administrations ensure:
The heads of local state administrations are accountable to the President of Ukraine and the Cabinet of Ministers of Ukraine. As part of the authority delegated to them by the relevant district or regional councils, local state administrations are accountable to and controlled by councils. Decisions by heads of local state administrations that contravene the Constitution and laws of Ukraine or other legislative acts of Ukraine may be revoked according to law by the President of Ukraine or a head of higher-level local administration. Regional or district councils may adopt a motion of no confidence in the head of the respective local state administration until the President of Ukraine takes decision and makes a reasoned response. If no confidence in the head of a district or regional state administration is expressed by two-thirds of the deputies to a council, the president of Ukraine decides whether or not to accept their resignation.
Election of members of district councils are by the proportional system: deputies elected from the electoral lists of political parties. Election of deputies to regional councils and Kiev and Sevastopol also use the proportional system.

Crimea

The representative body of the Autonomous Republic of Crimea is the Supreme Council. Parliament within its authority adopts decisions and resolutions which are binding in the ARC. The government of the ARC is the Council of Ministers. The chairman of the Council of Ministers is appointed and dismissed by the Verkhovna Rada of the ARC with the consent of the President of Ukraine. The powers, procedure and activities of the Supreme Council and the Council of Ministers are determined by the constitution and laws of Ukraine and legal acts of the Verkhovna Rada of the ARC.
The ARC regulates:
Political activity regulated by the ARC includes:
The laws of the ARC can also be delegated to the president of the Ukrainian delegation, whose status is determined by the law of Ukraine.
To ensure the implementation of common socioeconomic and cultural programs of local communities, the budgets of the ARC and the oblasts are derived from the following payments:
To ensure the implementation of common socioeconomic and cultural programs of local communities, district budgets are taken into account when determining the scope of intergovernmental transfers:
In addition, a base of regional and districts of the ARC is formed from transfers from the state budget and other government agencies.