The Verkhovna Rada Committee on State Building, Regional Policy and Local Self-Government has offered to return the draft law No. 2800 "On amendments to Law of Ukraine "On local self-government in Ukraine" (as to order and grounds for disbandment of executive Committee of village, small town, city and city district councils) for adaptation to its authors not putting it on session agenda and consideration at a plenary meeting of the Verkhovna Rada of Ukraine as one that contradicts provisions of the Constitution of Ukraine.
Chairperson of the subcommittee for local self-government Yu. Bublyk noted that the draft law creates grounds and mechanisms to disband executive committee of village, small town, city and city district councils. In particular, the draft law offers amendments to Articles 26 and 51 of the Law of Ukraine "On local self-government in Ukraine." These amendments envision an opportunity to disband such companies not only through taking respective decision at a plenary meeting of respective local council, but through a court ruling.
The Chairperson of the Committee noted that:
- In its conclusion No. 04-13/8-1848 of July 22, 2015, the Verkhovna Rada Committee on Budget Affairs says that the draft law would bear indirect impact on the indicators of budgets (entail increase of expenditures of local budgets if court ruling levying court fee on a local self-government body is implemented).
- In its conclusion No. 04-19/17-3142 of October 26, 2015, the Verkhovna Rada Committee on Corruption Prevention and Counteraction stated that the draft legislative act contained not corruptogenic factors — the draft legislative act meets the requirements of the anticorruption legislation;
- In its conclusion No. 04-29/21-6828 of December 24, 2015, the Verkhovna Rada Committee on Legal Policy and Justice notes that the draft law contradicts provisions of the Constitution of Ukraine. In particular, the Committee's conclusion draws attention to the fact that the executive committee of a local council is a collegiate body, and the draft law offers to envision that a court can terminate the authorities of a local self-government body — the said legislative initiative is not in line with Section 2 of Article 61 of the Basic Law, which envisions that a legal responsibility of a person carries individual character;
- In its conclusion No. 5-10 dated January 26, 2016, the Association of Ukrainian Cities offers to reject the draft law after its consideration in first reading.
- In its conclusion No. 16/3-1837/2800 dated December 21, 2015, the Main scientific-expert department of the Secretariat of the Verkhovna Rada of Ukraine offers to reject the draft law after its consideration in first reading as well.
Taking in account the provided conclusions, the Committee members decided to suggest that the Chairperson of the Verkhovna Rada return the draft law No. 2800 "On amendments to Law of Ukraine "On local self-government in Ukraine" (as to order and grounds for disbandment of executive Committee of village, small town, city and city district councils) to the author as it contradicts the provisions of the Constitution of Ukraine.