M. Bryzytskyi
Download as PPTX, PDF0 likes31 views
The document outlines the framework for decentralization reform in Ukraine, focusing on local self-governance and the legal conditions guiding it, as established by Ukrainian law and international standards. Key principles include improved administrative supervision, promoting transparency, and enabling local authorities to operate within legal boundaries while preventing control bodies from undermining their functions. The reform process involves broad stakeholder engagement to ensure the legitimacy and effectiveness of proposed changes.
M. Bryzytskyi
- 1. Ensuring the legality of decisions of local self-governments Meeting of the Donor Board on Decentralization Reform in Ukraine Kyiv, September 21, 2018 Analytical legal group Central Office of Reforms at the Ministry of Regional Development
- 2. The concept of the reform of local self-governments and territorial organization of power in Ukraine, approved by the resolution No. 333-r of the Cabinet of Ministers of Ukraine on 01.04.2014 Concept of the Reform delineation of jurisdiction on the basis of decentralization of power delineation of jurisdiction on the principle of subsidiarity creation of proper material, financial and organizational conditions definition of the territorial basis 4 3 2 1 introduction of the state control mechanism involvement of the population in making managerial decisions coordination of work of local executive authorities 5 6 7
- 3. Constitutional and international legal basis Local self-government authorities and officials shall act only to the extent and in the manner determined by the Constitution and the laws of Ukraine. (Article 19.2 of the Constitution of Ukraine) Decisions of bodies of local self-government, for reasons of nonconformity with the Constitution or the laws of Ukraine, are suspended by the procedure established by law with a simultaneous appeal to a court. (Article 144.2 of the Constitution of Ukraine) Bodies of local self-government, on issues of their exercise of powers of bodies of executive power, are under the control of the respective bodies of executive power. (Article 143.4 of the Constitution of Ukraine) Administrative supervision should normally be confined to the question of the legality of local authority action and not its expediency. One particular but not the sole exception is made in the case of delegated tasks, where the authority delegating its powers may wish to exercise some supervision over the way in which the task is carried out. (Article 8.2 of the European Charter of Local Self-Government )
- 4. European Experience Administrative supervision of work of local self- government authorities exists in the absolute majority of the member states of the Council of Europe Recommendation No. R (98) 12 of the Committee of Ministers of the Council of Europe contains provisions on the scope of administrative supervision, its mechanism and procedure
- 5. Working out draft law April 2018 • Сonceptual frameworks agreed at the decentralization round-table meeting at the headquarters of the Council of Europe in Strasbourg with the participation of representatives of associations of local self-government June 2018 • Draft law concept worked out with the participation of national and international experts 05.07.2018 • Draft law concept presented and discussed at the consultative meeting with participation of associations of local self-government authorities and other stakeholders. August 2018 • Text of the draft law prepared based on the concept 20.08.2018 • Text of the draft law discussed at the consultative meeting with the participation of associations of local self-government authorities, the Verkhovna Rada of Ukraine, the Cabinet of Ministers, the Administration of the President of Ukraine, Central Executive Bodies and representatives of the European institutions.
- 6. Fundamental principles reducing the number of controlling and supervision authorities, both over their own and delegated powers clear supervision procedure increase of the transparency of work of the local self- government authorities(Unified Register of LSG Acts) providing local self-government authorities with the opportunity to receive support and advice from the state elimination of the possibility of control bodies to paralyze work of local self-government bodies
- 7. 1. Supervision does not create any new obligations for LSGs; they must in any case keep within the law. 2. Given such a preventive measure, presence of official supervision is a guarantee of the reform irreversibility and an argument for LSGs to demand more powers. 3. Improving the international reputation of Ukraine, meeting the requirements of the Charter and the Constitution, harmonizing legislation with the EU member states. 4. Changes proposed for the first time are discussed in an open and transparent manner with all the stakeholders, and therefore their success will create proper legislative practice. Consequences
- 8. THANK YOU FOR YOUR TIME!