The President of Ukraine signed the Law ‘On Amendments to Certain Legislative Acts of Ukraine Regarding Ensuring Legality and Transparency in the Activities of Local Governments’ (reg. No. 14048).

The Verkhovna Rada of Ukraine passed the Law in its second reading and as a whole on 5 November. Its provisions aim to create an effective system of state supervision over the legality of local self-government acts, and to introduce a reserve of staff for the positions of heads of district state administrations.

Purpose of the Law

The new Law establishes a clear system of state supervision of the legality of local government acts and introduces mechanisms to prevent violations in this area.

It also sets the basis for greater transparency in the interaction between state administrations and local councils.

Who exercises control

The Law sets up a multi-level system of state supervision:

• for acts of regional councils – by the central executive body designated by the Cabinet of Ministers of Ukraine;
• for acts of district councils – by regional state administrations;
• for acts of village, settlement and city councils – by district state administrations.

Additionally, if an act of local self-government poses a threat to Ukraine’s territorial integrity, its effect may be suspended immediately with a simultaneous appeal to the court.

Key changes

Judicial control

Amendments are being made to the Code of Administrative Procedure of Ukraine to clarify the procedure for considering cases concerning the legality of local government acts.

In particular, a new accelerated procedure has been introduced for such cases, with a timeframe of 15 days from the opening of proceedings.

Prevention of violations

Local state administrations must provide local governments with information on legislative changes affecting their activities and practices for ensuring legality at least once a quarter.

Claims and lawsuits

If any actions are identified that contradict the law, the relevant council may be asked by state administrations to eliminate the violation. If the council does not respond, a lawsuit will be filed in court.

Transitional provisions

The Law will come into force the day after it is published, and will take effect 12 months after martial law is lifted in Ukraine.

For a transitional period of one year from the date of its entry into force, regional state administrations shall be responsible for supervising the acts of village, settlement and city councils.

Within six months, the Cabinet of Ministers of Ukraine shall bring its regulatory and legal acts into line with this Law, and determine the central executive body responsible for ensuring the legality of regional council acts.

For reference:

The Law was developed to implement the provisions of the Concept of Reforming Local Self-Government and Territorial Organisation of Power in Ukraine.

Its aim is to establish a clear, transparent and predictable system for supervising the decisions of local councils, thereby strengthening the principles of legality, accountability, and balance of powers between levels of authority.