The Bill (Reg.No.1472) proposes to align the Delegation of Power Authorities with current Legislation, and provide effective transferral and fulfilment of the Delegated Authorities of Executive Bodies and Local Governments.
According to the Bill, ‘Delegation of the Authorities of Executive Bodies to Local Governments, or Authorities of Local Governments to Executive Bodies or other Local Governments, shall be effected in line with The Constitution and Laws of Ukraine, Charters of Territorial Communities, and Terms and Provisions of a Contract between the entity delegating its authorities and the entity to which they are delegated´.
The Bill envisages that, ‘Delegation of the Authorities of Local Governments can be effected either under a Law adopted by The Verkhovna Rada of Ukraine, or pursuant to a Resolution made by Local Governments and a Contract on Delegating Power Authorities´.
The Bill proposes that decisions on the Delegation of individual Authorities of a Council, its Executive Body, or those of a Village/Community/City Mayor, are taken by the relevant Village/Community/City/ Regional Council at its Session.
The Sponsor of the Bill, People´s Deputy, O. Omelchenko, drew attention to the fact that today the Law ‘On Local Self-Government in Ukraine´, and other legislative acts laying down the delegated Authorities, do not regulate fully the Delegation of the State Power Authorities, and do not define the principles of Delegation and the execution of Delegated Authorities. Besides, the Sponsor considers that ‘the situation is further complicated by the unclear formulation of the List of Delegated Authorities, and the absence of a clear-cut definition of the Rights and Duties of those entities which can delegate authorities, and those which must fulfill them´.
O.Omelchenko believes that the adoption of this Bill will contribute to a more efficient decentralization of the State Power, through laying down an optimum procedure for delegating authorities of the Executive Power Central bodies, enabling the latter to concentrate on the formation and implementation of the State Policy in the corresponding sectors, and inter-sector areas of State Governance, etc.