Lecture 2.

THE BASICS OF THE UKRAINIAN Municipal law (2 hrs)

In order to make a successful comparative municipal research, the students should have the knowledge of basics of the comparative research, theory of constitutional and municipal law. They also should be familiar with the basics of the Ukrainian municipal law – in order to find similarities and differences in the national legislation and international municipal standards, in the national and foreign legislation.

The lecture covers the history, contemporary situation, problems and perspectives of the local self-government in Ukraine.

Learning outcome: By the end of the lecture students should be able to describe the local self-government in Ukraine, including the history, contemporary situation, problems and perspectives.

Key terms of the topic:
Constitutionalism	Lithuanian statutes
European Urban Charter	Magdeburg law
Kievan Rus	Local councils of people’s deputies

Municipal law in Ukraine, at least according to the literature, concentrates on the formation and functioning of the local government bodies. This approach isn’t typical for the old democracies. The international standards and recommendations usually also use the wider approach to the subject of municipal law. This approach can be illustrated by the European Urban Charter, passed in 1992 as a charter without the status of a convention. There are two documents with this title – the European Urban Charter 1992 and the European Urban Charter II: Manifesto for a New Urbanity 2008.

The European Urban Charter is built upon the work of the Council of Europe on urban policies - work inspired by the European Campaign for Urban Renaissance, organised by the Council of Europe from 1980 to 1982. It was a ground breaking step for Europe and marked a key stage in the necessary recognition of the urban phenomenon in the development of our societies. Since then, European societies, economies and cultures have undergone far-reaching changes. In a context of rapid change and of massive urban development, towns and cities now face challenges on an unprecedented scale.

The European Urban Charter II - Manifesto for a new urbanity, adopted in May 2008, complements and updates the original Congress contribution and offers a new approach to urban living, urging European countries to build sustainable towns and cities. The Manifesto aims to establish a body of common principles and concepts enabling towns and cities and their inhabitants to meet the current challenges facing urban societies. It is an invitation to local authorities, in all their diversity and on the basis of shared European values, to implement the principles of ethical governance, sustainable development and greater solidarity in their public policies. This Manifesto conveys an ambitious and demanding message to all those involved in urban development. The Manifesto consists of the following chapters: European urban acquis and the prospect of a new urbanity; Town and city dwellers as urban citizens; Sustainable towns and cities; Cohesive towns and cities; Knowledge-based towns and cities and the last chapter concludes.

For the needs of our course, we will need the European Urban Charter (1992). This document includes: the European Declaration of Urban Rights and the European Urban Charter itself. The European Urban Charter is the biggest part of the document and consists of four parts: Background to the Charter; Purpose, philosophy and structure of the Charter; ‘The town in Europe’ chapter and the Principles of the European Urban Charter.

The Charter shows the European approach to the municipal law. It doesn’t concentrate on the municipal authorities mainly (like the Ukrainian legislation). Instead, it covers more issues. The Charter provides approaches to the improvement of life in our cities, concentrated on four main general areas:

- improvement of the physical urban environment;

- rehabilitation of existing housing stock;

- the creation of social and cultural opportunities in towns;

- community development and public participation.

The purpose of the Charter is to:

- provide a practical tool and urban management handbook for local authorities;

- provide the principal elements for a possible future Convention on Urban Rights;

- provide the basis for an international award scheme for towns who subscribe to the principles of the Charter;

- constitute a "visiting card" for the Council of Europe on matters relating to the built environment and act, at the same time as a synthesis of the conclusions of the Council of Europe's work on urban questions.

One more example. The Constitution of Ukraine and the Law “On local self-government in Ukraine” concentrate on the collaboration of municipal bodies with each other, and of the municipal bodies with the state bodies. The Charter is based on the notion of collaboration and solidarity:

- between local authorities in individual member countries, in order to secure an improved quality of life in urban areas, recognising also the additional benefits, responsibilities and opportunities arising as a result of the involvement of Central and Eastern European countries;

- between national and local governments in securing and strengthening, through political and financial commitment, the devolution of decision-making away from the centre towards towns and their communities;

- between local governments and their communities, to examine and gain a closer understanding of the different needs of an urban area and involve local people in the decision-making process; and,

- significantly, between cities throughout Europe and beyond, transcending national boundaries.

Surely, the Charter pays attention to the formation and functioning of the municipal bodies. But these norms aren’t dominative, they form only about 1/15 th of the Charter’s norms. These norms are concentrated:

- in Chapter 3.3. “Local democracy”, that proclaims that the basis of urban development must be direct citizen participation, within a local authority which itself enjoys as much autonomy and fiscal independence as possible);

- in Chapter 4.12 “Citizen participation, urban management and urban planning” that refers to the European Charter of Local Self-Government and develops its norms in 7 basic principles of the citizen participation, urban management and urban planning.

1. Citizen participation in local political life must be safeguarded through the right to elect representatives, freely and democratically.

2. Citizen participation in local political life must be effective at all levels of the local, political and administrative structure.

3. Citizens are entitled to be consulted over all major projects affecting the future of the community.

4. Urban management and planning must be based upon maximum information on the characteristics and special features of the town.

5. Local political decisions should be based on urban and regional planning conducted by teams of professionals.

6. Political choices, the final stage in the decision-making process, should be vital and comprehensible.

7. Local authorities should ensure the participation of young people in local life. This principle is one of the most interesting for our course as the course aims to raise the level of the civil activity of the students. That’s why the implementation of this principle is studied more profound, using the norms of the Charter on the Participation of Young People in Municipal and Regional Life (1992), revised in 2003.

In the Part IV of the Charter there are more individual chapters that provide principles for the main areas of the cities’ development:

4.1: Transport and mobility;

4.2: Environment and nature in towns;

4.3: The physical form of cities;

4.4: The urban architectural heritage;

4.5: Housing;

4.6: Urban security and crime prevention;

4.7: Disadvantaged and disabled persons in towns;

4.8: Sport and Leisure in Urban Areas;

4.9: Culture in Towns;

4.10: Multicultural integration in towns;

4.11: Health in towns;

4.12: Citizen participation, urban management and urban planning;

4.13: Economic development in cities.

The Ukrainian narrow approach to the subject of the municipal law is based on the historical features of the development of local self -government in the country. It reflects history and traditions of the Ukrainian nation.

The researches support the point of view that local government on the territory of Ukraine firstly appeared in the Kievan Rus. During this times the population of the villages, towns, cities used viche (from the Slavic вѣтъ - the advice, the council) to solve the main local problems. Viche was a meeting of all of the grown up and free citizens that solved the most important questions. Sometimes only the heads of the families had the possibility to take part in viche, and their voices weren’t equal (according to their society status). The competence of viche was wide and included state problems, issues of war and peace and economic questions. Viche also elected officials to decide less important questions of the territorial community.

At the middle of XIV century the biggest part of the contemporary Ukraine was included to the Grand Duchy of Lithuania. The local government was performed according to the Lithuanian statutes 1529, 1566, 1688. According to the norms of these acts, the viche continued to solve the main questions in the community life. But the the biggest part of competence was transformed to the hands of vijt (viche elected mayor).

The Grand Duchy of Lithuania encouraged the self-government of the lands in order to fasten their economical and cultural development. Some of the cities were provided by charters that gave them additional rights in the municipal government. The practice of charters was adopted from the Germany and received the name Magdeburg law (because the city of Magdeburg was the first to use such a scheme of local government). Some of the Ukrainian cities that received the right to perform the municipal government according to the Magdeburg law are: Kyiv (was granted by the charter in 1498), Lviv (was granted by the charter in 1356), Vinniza (was granted by the charter in 1640). The charter created the local government that was more self-sufficient than before and looked like the state government created according to the theory of separation of powers. The municipal government was performed by the three main bodies: the majistrat (the council), burgomistr (the mayor) and lava (the city court).

The Magdeburg law was used by the Ukrainian cities until they became the part of the Russian Empire. For example, in Kyiv it was abolished in 1834.

From the middle of the XVI century to the XVIII century Zaporiz'ka Sich appeared as a series of several militarized communities. These militarized communities were also territorial ones – so, Zaporiz'ka Sich had its own unique system of local government. This system combined the military hierarchy, clerical and municipal features.

The researches describe the local government in Zaporiz'ka Sich as following: it was led by the Sich Rada that elected a Kosh Otaman as the leader of the host. He was aided by a head secretary (pysar), head judge, head archivist. During the military operations the Otaman carried an unlimited power supported by his staff as the military collegiate. He decided with an agreement from the Rada whether or not to support a certain Hetman (such as Bohdan Khmelnytsky) or other leaders of state. The highest power in it belonged to the assembly of all its members, and because the leaders (starshyna) were elected. The Cossacks formed a society (hromada) that consisted of "kurins" (each with several hundred cossacks). There was a cossack military court that severely punished violence and stealing among compatriots; the bringing of women to the Sich; the consumption of alcohol in periods of conflict, etc. The administration of the Sich provided Orthodox churches and schools for the religious and secular education of children (D.Yavornytsky, V. Antonovich, F. Turchenko, A. Kashchenko, O. Apanovich).

Some sources name Zaporiz'ka Sich as a "cossack republic" (R. Shpek). They also refer to the Constitution of P.Orlyk 1710 as to the Constitution of this republic. But Zaporiz'ka Sich wasn’t an independent republic from the contemporary point of view. The Constitution 1710 wasn’t the constitution from the contemporary point of view. The title “Constitution” is used in the meaning it had at the middle ages – the contract that guarantees additional rights in the local government. This thesis is proved by the title of the document (Договори і постанови прав і свобод військових між Ясновельможним Його Милості паном Пилипом Орликом, новообраним гетьманом Війська Запорізького, і між генеральними особами, полковниками і тим же Військом Запорізьким з повною згодою з обох сторін). In 1654 Zaporiz'ka Sich started to lose its independence and was accumulated in the Russian Empire.

During the times of the Russian Empire local government on the territory of Ukraine that was within the boarders of that state, was the same as on the other parts of the country. Zemskaya reform 1864 created the system of elected bodies of local self-government. The meetings of the gubernia and povit were the representative bodies. Though these bodies were elected by the population, a lot of electoral restrictions were applied. The executive bodies were represented by the upravy. In 1870 the local government in the cities was reformed. Since that time, city councils (duma) were created. The executive body of the duma – uprava – was directed by the head of the city.

In the first part of the XX century local government on the territory of Ukraine was reformed often – by the Temporary Government of Russia after the February Revolution 1917, by the Central Ukrainian Rada in 1917 and 1918, by the Soviet power in 1919 and 1937.

In the USSR the idea of the independent local self-government was refused. The local councils and their executive bodies were created in every administrative-territorial unit. But they were just the local state bodies, not the independent municipal bodies.

The renaissance of the local self-government in Ukraine began a year before the country gained independence. In 1990 (December, 7) the Law of Ukrainian Soviet Social Republic “On local councils of people’s deputies UkrSSR and local self-government” was passed. This document laid the foundation for the creation of the really independent local government. Further reforms were based on the Law of Ukraine “On local councils of people’s deputies and local and regional self-government” (1992, March 26) and on the Law of Ukraine “On state power and local self-government in Ukraine“ (1995, May 14). By the last Law the local state administrations were introduced.

The main documents that regulate local self-government in Ukraine are:

- Constitution of Ukraine 1996;

- Laws of Ukraine including the Law ‘On Local Self-Government in Ukraine’ (21.05.1997), Law of Ukraine ‘On Self-Organized Bodies of Population’ (11.07.2001), Law of Ukraine ‘On Status of Deputies of Local Councils’ (11.07.2002), Law of Ukraine ‘On Elections of Deputies of the Supreme Council of Autonomous Republic of Crimea, Local Councils and Village, Settlement and City Heads’ (10.07.2010).

Constitution of Ukraine has the Chapter XI ‘Local Self-Government’. This Chapter was the subject of amendments (that were cancelled later) and attracted the attention of the Constitutional Court of Ukraine quite often. There are 3 Decisions of the Constitutional Court of Ukraine that give the official interpretation of the articles of Chapter XI. From this point of view, the Chapter XI is a typical chapter of the Constitution – statistically, each chapter is interpreted by 2,79 decisions of the Constitutional Court of Ukraine. From the other side, the 24,22 % of the articles of the Constitution were interpreted – practically every fourth article. In Chapter XI for now 2 out of 7 articles are interpreted – practically every second article (42,86 %). It shows that there are a lot of problems that occur during their implementation.

Chapter XI ‘Local Self-Government’ consists of articles 140 – 146. Article 140 gives the definition of the local self-government and territorial community. Territorial community, according to the Constitution, consists of residents of a village or a voluntary association of residents of several villages into one village community, residents of a settlement, and of a city. Local self-government is the right of a territorial community to independently resolve issues of local character within the limits of the Constitution and the laws of Ukraine.

The local self-government in Ukraine is exercised by a territorial community by the procedure established by law, both directly and through bodies of local self-government: village, settlement and city councils, and their executive bodies. District and oblast councils are bodies of local self-government that represent the common interests of territorial communities of villages, settlements and cities. The issue of organisation of the administration of city districts lies within the competence of city councils. Village, settlement and city councils may permit, upon the initiative of residents, the creation of house, street, block and other bodies of popular self-organisation, and to assign them part of their own competence, finances and property.

So, the local self-government in Ukraine is based on the administrative – territorial division. The system of the administrative and territorial structure of Ukraine is composed of the Autonomous Republic of Crimea, oblasts, districts, cities, city districts, settlements and villages. The Cities of Kyiv and Sevastopol have special status that is determined by the laws of Ukraine. Particular aspects of the exercise of local self-government in the Cities of Kyiv and Sevastopol are determined by special laws of Ukraine.

Article 141 gives more details about the elected bodies of the local self-government. A village, settlement and city council is composed of deputies elected for a five-year term by residents of a village, settlement and city on the basis of universal, equal and direct suffrage, by secret ballot. Territorial communities elect for a four-year-term on the basis of universal, equal and direct suffrage, by secret ballot, the head of the village, settlement and city, respectively, who leads the executive body of the council and presides at its meetings. The chairman of a district council and the chairman of an oblast council are elected by the respective council and lead the executive staff of the council. As for the status of heads, deputies and executive bodies of a council and their authority, the procedure for their establishment, reorganisation and liquidation, the Constitution settles that it is determined by law.

The municipal elections are regulated by the Law of Ukraine of 10.07.2010 On Elections of Deputies of the Supreme Council of Autonomous Republic of Crimea, Local Councils and Village, Settlement and City Heads and based on the Constitutional norms (Chapter III. Elections. Referendum). The expression of the will of the people is exercised through elections, referendum and other forms of direct democracy (Article 69). Citizens of Ukraine who have attained the age of eighteen on the day elections and referendums are held, have the right to vote at the elections and referendums. Citizens deemed by a court to be incompetent do not have the right to vote (Article 70). Elections to bodies of state power and bodies of local self-government are free and are held on the basis of universal, equal and direct suffrage, by secret ballot. Voters are guaranteed the free expression of their will (Article 71).

Article 142 is the core one for the financial support of the local self-government in the country. The municipal bodies have their own recourses and are supported by the state. The material and financial basis for local self-government is movable and immovable property, revenues of local budgets, other funds, land, natural resources owned by territorial communities of villages, settlements, cities, city districts, and also objects of their common property that are managed by district and oblast councils. On the basis of agreement, territorial communities of villages, settlements and cities may join objects of communal property as well as budget funds, to implement joint projects or to jointly finance (maintain) communal enterprises, organisations and establishments, and create appropriate bodies and services for this purpose.

The State participates in the formation of revenues of the budget of local self-government and financially supports local self-government. Expenditures of bodies of local self-government, that arise from the decisions of bodies of state power, are compensated by the state.

Territorial communities of a village, settlement and city, directly or through the bodies of local self-government established by them, manage the property that is in communal ownership; approve programmes of socio-economic and cultural development, and control their implementation; approve budgets of the respective administrative and territorial units, and control their implementation; establish local taxes and levies in accordance with the law; ensure the holding of local referendums and the implementation of their results; establish, reorganise and liquidate communal enterprises, organisations and institutions, and also exercise control over their activity; resolve other issues of local importance ascribed to their competence by law.

Oblast and district councils approve programmes for socio-economic and cultural development of the respective oblasts and districts, and control their implementation; approve district and oblast budgets that are formed from the funds of the state budget for their appropriate distribution among territorial communities or for the implementation of joint projects, and from the funds drawn on the basis of agreement from local budgets for the realisation of joint socio-economic and cultural programmes, and control their implementation; resolve other issues ascribed to their competence by law.

The local government bodies receive additional money from the State, if they perform the state’s functions (delegated competence). Certain powers of bodies of executive power may be assigned by law to bodies of local self-government. The State finances the exercise of these powers from the State Budget of Ukraine in full or through the allocation of certain national taxes to the local budget, by the procedure established by law, transfers the relevant objects of state property to bodies of local self-government. Bodies of local self-government, on issues of their exercise of powers of bodies of executive power, are under the control of the respective bodies of executive power (Article 143).

Article 144 fixes the legal status of the municipal acts: bodies of local self-government, within the limits of authority determined by law, adopt decisions that are mandatory for execution throughout the respective territory. Decisions of bodies of local self-government, for reasons of nonconformity with the Constitution or the laws of Ukraine, are suspended by the procedure established by law with a simultaneous appeal to a court. Article 145 guarantees that the rights of local self-government are protected by judicial procedure, and Article 146 – final in the Chapter XI – holds the blanket norm that other issues of the organisation of local self-government, the formation, operation and responsibility of the bodies of local self-government, are determined by law. In 1997 such a law - the Law ‘On Local Self-Government in Ukraine’ – was passed. The structure of this Law is as follows:

1. Common provisions;

2. Organisational-legal basis of local self-government;

3. Material and financial basis of local self-government;

4. Guarantees of local self-government. Responsibility of self-government’s bodies and officials;

5. Final and transitional provisions.

Article 1 of the Law provides some useful terminology (extracts):

territorial community – citizens who permanently reside within the boundaries of a village, settlement, or city, which are independent administrative-territorial units, or voluntary associations of citizens of several villages with one administrative center;

administrative-territorial unit – oblast, raion, city, submunicipality, settlement, and village;

local referendum – the accepted form whereby a territorial community adopts, by direct vote, decisions which belong to the competence of local self-government;

general assembly – assembly of all or some citizens of a village (villages), settlement, or city, for resolving issues of local significance;

representative local self-government body – an elected body (council) consisting of deputies and which is granted, in accordance with the law, the right to represent the interests of the territorial community and to adopt decisions on its behalf;

raion and oblast councils – local self-government councils which represent the common interests of territorial communities, settlements, and cities;

general composition of council – the number of council deputies, as defined by the council in accordance with the law;

council composition – the number of deputies elected to the corresponding council, whose powers are defined and not suspended in the procedure established by law;

competent council composition – the number of deputies elected to the corresponding council, whose powers are defined and not suspended in the procedure established by law and which constitutes no less than two-thirds of the general council composition of elected deputies;

executive bodies of councils – bodies which are formed, in accordance with the Constitution of Ukraine and this Law, by village, settlement, city, and submunicipal (in the event they are formed) councils, in order to exercise the executive and organizational functions and powers of local self-government, within the limits defined by this and other laws;

self-organized bodies of population – representative bodies formed by part of the population which temporary or permanently resides on the corresponding territory within a village, settlement, or city;

local self-government official – a person who works in bodies of local self-government and who bears the corresponding official duties in the exercise of organizational and managerial, consultative and advisory functions, and who is remunerated at the expense of the local budget;

delegated powers – powers of executive bodies, vested by law in the local selfgovernment bodies, as well as powers of local self-government bodies which are delegated to the corresponding local state administrations, on the decision of raion and oblast councils;

communal property right - the right of a territorial community to use and manage its property in a purposeful, economical and effective manner, at its own discretion and in its own interests, both directly and through local self-government bodies.

One more important article is Article 4 “Fundamental Principles of Local Self-Government”. According to it, local self-government in Ukraine is exercised on the following principles:

- power of the people;

- lawfulness;

- openness;

- collegiality;

- combination of local and national interests;

- election;

- legal, organizational, material and financial autonomy, within the limits of powers defined by this and other laws;

- accountability and responsibility of bodies and officials before territorial communities;

- state support and guarantees of local self-government;

- judicial protection of local self-government rights.

Article 5 gives more details about the system of local self-government in Ukraine. This system includes:

- territorial communities;

- village, settlement, and city councils;

- village, settlement, and city heads;

- executive bodies of village, settlement, and city councils;

- raion and oblast councils which represent the common interests of territorial communities of villages, settlements, and cities;

- self-organized bodies of population.

The submunicipal councils may be formed in cities with submunicipal division, in accordance with the decision of a city territorial community or a city council, and in compliance with this Law. Submunicipal councils shall form their own executive bodies and elect a council head, who shall simultaneously act as head of the council’s executive committee.

One more Law of Ukraine that Constitution refers to, is the Law of 11.07.2002 “On Status of Deputies of Local Councils”. This Law defines legal status of a deputy of village, settlement, city, district in city, district, oblast council (hereinafter local council) as a representative of interests of territorial community, voters of his/her election constituency and equal member of local council, sets guarantees of deputy activity and procedure for withdrawal of a deputy of local council.

A deputy of village, settlement, city, district in city, district, oblast council (hereinafter deputy of local council) is the representative of interests of territorial community of village, settlement, city or their communities, who according to the Constitution of Ukraine and the municipal electoral legislation is elected on the basis of universal, equal and direct franchise by secret ballot for four years.

A deputy of local council is a plenipotentiary and equal member of respective council - representative body of local self-government. A deputy of local council who occupies the post of the head of local body of executive power shall not combine his/her official activity on this post with the post of village, settlement, city head, secretary of village, settlement, city council, head and deputy head of district in city, district, oblast council, as well as with other job on a permanent basis in councils, their executive bodies and staff. A deputy of local council cannot have other representative mandate.

A deputy of local council acquires his/her authorities as a result of his/her election to the respective council. The authorities start from the day of opening the first session of respective council from the moment of official announcement of the election results by the respective territorial election commission and terminate on the day of opening the first session of this council of a new convocation. After a deputy of local council acquires his/her authorities s/he obtains the certificate and the badge. The Law contains the description of rights and authorities of a deputy of local council.

Authorities of a deputy of local council shall terminate early at presence of the below grounds certified by the official documents without adoption of the decision of respective council in the event of:

1) his withdrawal by the voters according to set by this Law procedure;

2) termination of his/her Ukrainian citizenship or departure for permanent residence abroad;

3) his election or designation for the post, holding of which according to the Constitution of Ukraine and law cannot be combined with fulfillment of deputy authorities;

4) his/her election as a deputy of other local council;

5) his/her recognition as incapable or missing by court;

6) entry into legal force by the accusatory sentence of court according to which s/he is condemned to deprivation of liberty;

7) his/her death.

Authorities of a deputy of local council may be terminated early also by the decision of respective council due to:

1) entry into legal force of the accusatory judgment of court according to which s/he is condemned to the punishment that is not connected with deprivation of liberty;

2) personal application of a deputy of local council for his/her resignation.

A deputy of local council considers citizens' suggestions, applications and complaints addressed to him/her, takes measures for their timely, grounded solution, brings his/her suggestions as regards to their settlement to the local bodies of executive power, enterprises, institutions and organizations, associations of citizens. According to the results of consideration of citizens' applications a deputy of local council may adopt one of the following decisions:

1. Deputy address is a stated in a written form demand of a deputy of local council to the local bodies of executive power, bodies of local self-government and their officials, as well as heads of law enforcement and supervisory bodies, enterprises, institutions and organizations regardless of ownership form to commit some actions, take measures or give official explanation on the issues which refer to their competence. The heads of the above institutions shall in a ten-day term consider the issues initiated by a deputy and reply to him/her, and if additional study or verification is required to reply to him/her not later than in a monthly term.

2. Deputy inquiry is a supported by the council demand of a deputy of local council to the council's officials and its bodies, village, settlement, city head, heads of enterprises, institutions and organizations regardless of ownership form, and of a deputy of city (city of oblast significance) district, oblast council - also to the head of local state administration, his assistants, heads of departments and administrations on the issues referred to the council's competence.

3. Deputy question is a way of obtaining by a deputy of local council of information or clarification on this or that problem. The answer to this question may be announced at the session of council or given to a deputy of local council individually. The question is not included into the agenda of session, is not discussed and decision as regards to it is not adopted.

A deputy of local council shall report about his/her work before the voters of respective election constituency periodically, but not rarer than once a year. During the reports the voters may give commissions to their deputy of local council. The voters' commissions shall be supported by the majority of participants of the meeting.

At the sessions of local council the deputies of local council consider and solve the issues, which are within the competence of respective council, by collective and free discussion. A deputy of local council shall be a member of one of the permanent commissions that are set up by the council.

A deputy of local council shall be present at plenary sessions of the council. In the event of missing by a deputy throughout a year of more than a half of plenary sessions of the council or meetings of the permanent commission in which s/he is a member, the respective council may apply to the voters with the suggestion on withdrawal of such deputy according to set by law procedure.

A part of provisions of the Law is devoted to settlement of the issues connected with social protection of a deputy of local council and setting guarantees of his/her deputy activity.

One more municipal law the Constitution refers to is the Law of 11.07.2001 “On Self-organized bodies of population”. This Law determines legal status, the procedure for organization and activity of self-organized bodies of population.

A self-organized body of population is one of the forms of participation of territorial community members of villages, settlements, cities and districts in cities in the solution of come local issues. Building, street, quarter committees, committees of microdistricts, committees of districts in cities, rural and settlement committees are the self-organized bodies of population.

Basic tasks of the self-organized bodies of population are:

- creation of conditions for participation of residents in the solution of local issues within the limits of the Constitution and laws of Ukraine;

- satisfaction of social, cultural, everyday and other residents' needs by the assistance in grant to them of respective services;

- participation in implementation of the programs for social and economic, cultural development of respective territory and other local programs.

The residents who live on the respective territory on legal grounds may elect and be elected to the body of self-organization of population. Any limitations of rights of the residents who live on the respective territory to participation in the corresponding self-organized body of population depending on their race, color of skin, political, religious and other persuasions, sex, ethnic and social background, property state, language or other characteristics shall be prohibited. The territory, within the limits of which a self-organized body of population operates, may be a part of the territory of village, settlement, city, district in city, within which the residents who chose this body live.

The Law contains norms that define the procedure for initiation, election and granting permit to set up a body of self-organization of population.

Permit to set up a self-organized body of population is granted by village, settlement, city, district in city (in case of its set up) council. The self-organized body of population is elected for the term of authorities of respective council, unless otherwise is envisaged by the council's decision or the provision on the body of self-organization of population.

Legalization of the self-organized body of population shall be mandatory and shall be performed by its registration or notification of set up. In the event of registration a self-organized body of population acquires the status of legal entity. Registration of a self-organized body of population is performed by the executive committee of the respective council.

The following authorities may be granted to the self-organized body of population within the limits of the territory of its activity during its set up:

1) to represent together with the deputies interests of the residents of house, street, microdistrict, village, settlement, city in the respective local council and its bodies, in local bodies of executive power;

2) promote adherence to the Constitution and laws of Ukraine, implementation of the Decrees of the President of Ukraine and bodies of executive power, decisions of local councils and their executive branches, orders of village, settlement, city head, head of district in city (in case of its set up) council and decisions adopted by the local referendums;

3) submit according to the set procedure suggestions to the projects of local programs of social economic and cultural development, respective administrative territorial units and projects of local budgets;

4) execute control over the quality of living and housing services granted to the citizens who live in apartment houses on the territory of activity of the self-organized body of population and over the quality of repair work conducted in the above apartment houses;

5) other authorities.

A self-organized body of population cannot be deprived of its authorities until the termination of its activity according to the set by law procedure. A self-organized body of population may adopt decisions only of organizational and management nature as regards to the decisions referred to its competence. Decisions, actions and inactivity of the self-organized bodies of population and their members may be appealed to the appropriate council or to the court.

Material basis of activity of a self-organized body of population is the property that is transferred to its operative management by the council. Village, settlement, city, district in city council transfers to the self-organized body of population respective funds, as well as material technical and other resources which are necessary for fulfillment of the above authorities and execution of control over their fulfillment.

Financial basis of activity of a self-organized body of population shall be:

- funds of the respective local budget which are granted to it by the village, settlement, city, district in city (in case of its set up) council for fulfillment of the authorities given to the body of self-organization of population;

- voluntary contributions of natural persons and legal entities;

- other receipts which are not prohibited by the legislation.

Control over financial activity of a self-organized body of population within their authorities shall be performed by:

1) village, settlement, city, district in city (in case of its set up) council and its executive bodies;

2) executive committee which registered the body of self-organization of population;

3) meeting (conference) of the residents at the place of residence;

4) bodies of state power.

Meeting shall be the form of work of a body of self-organization of population. Meetings of a self-organized body of population are called by its head or deputy head insofar necessary, but not less than once per quarter. In order to ensure its work a self-organized body of population may set up commissions, working groups, other bodies according to the procedure determined by the Provisions on this body.

Members of a self-organized body of population shall perform their duties on a voluntary basis. Upon the decision of meeting (conference) of the residents at the place of residence the head and the secretary of this body may work in it on a permanent basis. Their work shall be paid from the funds transferred to the body of self-organization of population.

National historical experience helps us to understand the contemporary attitude to the nature of local self-government and the current municipal problems. Ukraine has a lot of difficulties with the implementation of the democratical municipal standards because practically all the traditions of local self-government were lost during the XX century. Also, the current legislation is based not at the only one, but all main theories of the local self-government (common theory, state theory, theory of municipal dualism). This fact becomes obvious after the overview of the constitutional norms on local self-government, the ‘On Local Self-Government in Ukraine’ (21.05.1997), Law of Ukraine ‘On Self-Organized Bodies of Population’ (11.07.2001), Law of Ukraine ‘On Status of Deputies of Local Councils’ (11.07.2002), Law of Ukraine ‘On Elections of Deputies of the Supreme Council of Autonomous Republic of Crimea, Local Councils and Village, Settlement and City Heads’ (10.07.2010).

Mandatory reading:

1. Constitution of Ukraine.

2. The Charter on the Participation of Young People in Municipal and Regional Life (1992), revised in 2003 (the text is included).

Recommended reading:

1. Law of Ukraine of 10.07.2010 On Elections of Deputies of the Supreme Council of Autonomous Republic of Crimea, Local Councils and Village, Settlement and City Heads.

2. Law of Ukraine of 07.12.1990 On Local Councils of people’s deputies and Local and Regional Self-Government.

3. Law of Ukraine of 11.07.2001 On Self-organized bodies of population.

4. Law of Ukraine of 11.07.2002 On Status of Deputies of Local Councils.

5. Law of Ukraine of 21.05.1997 On Local Self-Government in Ukraine.

6. Faces of Local Democracy. Comparative Papers from Central and Eastern Europe/. Edited by Gabor Soos and Violetta Zentai. – Budapest, 2005. – 338p. Available at: http://lgi.osi.hu/publications/2005/265/Soos_Local_Democracy_final_full_text.pdf#page=278

7. Local Government in Ukraine. Available at: lgi.osi.hu/publications/2001/84/Ch3-Ukraine.pdf

8. Ukraine: Local government – Britannica Online Encyclopedia. Available at: http://www.britannica.com/EBchecked/topic/612921/Ukraine/275893/Local-government

9. Ukraine. Local government assessment. Available at: http://pdf.usaid.gov/pdf_docs/PNADK461.pdf

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