The presidential draft amendment to the Constitution on the decentralization provides the creation of communities. Besides, it supposes the creation of the prefects’ institute. The draft law #2598 does not contain any mentions of the special status of particular areas of Donetsk and Luhansk regions.
The bill proposes to impose such regional administrative subdivisions as community, district, region and Autonomous Republic of Crimea. It is established that the community is the primary unit in the regional administrative system of Ukraine. The document will resolve the issues of creation, liquidation, establishment and changes of the border, naming and renaming of communities, districts, regions and others.
It is offered to enshrine the rights of the community directly in XI Community Local self-governance or through the bodies and its officials to solve issues of local significance, including the elections and local referendums.
It is also planned to create a representative and executive bodies of local governance – district, regional council, their executive committees. The district council, regional council appoint and dismiss a chairman of the executive committee of the council and form the composition of this body on chairman’s submission.
The term of office of the community’s head, lawmakers of the council of the community, district and regional council is four years.
“However, the decentralization does not mean the weakening of the central authority in such issues as defense, foreign policy, national security, the supremacy of law, observance of rights and freedoms of human,” the explanatory notes states.
It is offered to impose the institute of prefects for the administrative control over observance of the Constitution and laws. Thus, the prefect will be appointed and dismissed by the president on the submission of the Cabinet of Ministers. It is supposed that the prefect will stop the action of the local self-governance due to the disparity with the Constitution or laws of Ukraine.
If head of a council of the community, district or regional council adopt non-constitutional act, which creates the threat to the violation of the state sovereignty, territorial integrity or threat of the national security, the president on the submission of a prefect not only stop the act with the appeal to the Constitutional court but also temporarily stop the authorities of the official and appoint temporary authorized government official.
In such case, the Verkhovna Rada, on the submission of the president, stops early the authorities of a chairman of the community, community council, district, regional council and appoint snap elections.
As we reported a draft law on amendments to the Constitution of Ukraine regarding the decentralization of power has been submitted to the Verkhovna Rada. The author of this document is President of Ukraine Volodymyr Zelensky.