The draft law No. 4298 proposes to create legal preconditions and bases for the functioning of local state administrations of the prefectural type before making appropriate amendments to the Constitution of Ukraine.
The draft law amends the Code of Administrative Procedure of Ukraine, the laws of Ukraine “On Local Self-Government in Ukraine”, “On the Cabinet of Ministers of Ukraine”, “On Central Executive Bodies”, “On Civil Service”. It is also proposed that the Law of Ukraine “On Local State Administrations” be reworded, enshrining in general the following provisions:
1) the activities of local state administrations should be based on the principles of: rule of law, legality, transparency, unity of state policy, continuity and continuity, subsidiarity, decentralization, controllability, efficiency, and sustainable development;
2) The powers and tasks of local state administrations are clearly divided into three key areas:
- coordination of territorial bodies (subdivisions) of central executive bodies;
- ensuring legality in the activities of bodies and officials of local self-government;
- fulfillment of certain powers of local self-government bodies (until the relevant amendments to the Constitution of Ukraine).
3) heads of local state administrations from January 1, 2022 become civil servants, who are subject to all prohibitions, restrictions, as well as rights and obligations under the Law of Ukraine “On Civil Service”;
4) the principle of rotation is introduced, which stipulates that the powers of heads of district state administrations are terminated after the expiration of three years of their activity within one district, with the possibility of further transfer (rotation) to another administrative-territorial unit of Ukraine;
5) the personnel reserve of heads of local state administrations is formed;
6) a multilevel system is created to ensure legality in the activities of bodies and officials of local self-government.