Verkhovna Rada Committee on State Building, Regional Policy and Local Self-Government approves explanation as to possibility to elect one head by voters of several population centers within unified territorial community under decision of respective local council

Information Department
15 February 2016, 10:03




The Committee considered a request of the Central Election Commission to provide explanations on provisions of the Laws of Ukraine that envision opportunity to elect one head by voters of several population centers within one unified territorial community under the decision of respective local council.

The position of the Committee is based on the provisions of the Constitution of Ukraine, European Charter of Local Self-Government (dated October 15, 1985 ratified by the Law of Ukraine dated November 15, 1997 going under No. 452), Laws of Ukraine "On local self-government in Ukraine" (dated May 21, 1997 going under No. 280), "On voluntary unification of territorial communities" (dated February 5, 2015 going under No. 157), and "On local elections" (dated July 14, 2015 going under No. 595), etc.

Considering the issue, the Committee proceeded from the following.

Article 7 of the Constitution of Ukraine rules that local self-government is presented and guaranteed in Ukraine.

In compliance with Item 1 of Article 3 of the European Charter of Local Self-Government, local self-government means the right and competence of local self-government bodies to regulate and manage considerable part of public rights under personal responsibility, and in the interest of local population.

In furtherance of provisions of the Basic Law of Ukraine and the European Charter of Local Self-Government, the Law of Ukraine "On local self-government in Ukraine" rules that local self-government in Ukraine is a state-secured right and real ability of territorial communities — residents of villages; or voluntary unification of residents of several villages, small towns and cities into a village community — to independently settle the issues of local importance within the Constitution and Laws of Ukraine (Section 1 of Article 2 of the Law of Ukraine).

On the basis of the provisions of Article 146 of the Constitution of Ukraine, the issues unregulated by the Basic Law of Ukraine, in particular, the issues of organization of local self-government, establishment, activity and responsibility of local self-government bodies are regulated by the law.

Taking the aforementioned in consideration and in order to create conditions of proper representation of interests of the residents in settlement of the issues of local importance within unified territorial communities, the lawmaker amends the Law of Ukraine "On local self-government in Ukraine" and introduces new post of a local self-government official — head — to the system of local self-government.

In compliance with Section 1 of Article 141 of the Law of Ukraine "On local self-government in Ukraine," villages, towns and cities elect the head under respective decision of a local council of a unified territorial community for the tenure of the local council.

Pursuant to Section 6 of Article 2 of the Law of Ukraine "On local elections," the election of the heads are held in compliance with the majority system in a single mandate constituency, which comprises the territory of respective population center (village or town) within a unified village, small town and city territorial community.

The Committee draws attention to the fact that in order to avoid violation of the principle of equality of civil rights, a unified territorial community cannot have population centers, whose residents cannot use their right to elect the head and respective representation of their interests in executive bodies of village, small town and city council of respective unified territorial community.

The aforementioned regulatory provisions along with the terms of the Law of Ukraine "On local self-government in Ukraine," which provide local self-government bodies with own powers, lead to the following conclusions.

The said provisions of the Laws of Ukraine allow local council of unified territorial communities to make the list of villages, towns and cities, which elect the head for the tenure of respective local council. Therefore, basing on own organizational, financial, and material capacity, a local council determines the number of heads to be elected to a unified territorial community and respective territory of the unified territorial community where the elected heads will exercise their powers and fulfill their duties.

The participants in the discussion of the issue were: people's deputies of Ukraine / Committee members.

Chairperson of the Committee Serhii Vlasenko offered to approve the text of the explanation elaborated by the subcommittee on affairs of bodies of self-organization of population, local elections and other forms of direct democracy.

The proposal received approval.