Ukraine local elections 2020: What powers do mayors and local municipal bodies have?

Author : 112.UA 112.UA

Source : 112 Ukraine

October 25 Ukraine would hold first elections when the voters would elect deputies to councils of all levels from their territorial communities – deputies of rural, settlement, city councils, as well as rural, settlement, and city heads
14:00, 22 October 2020

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October 25 Ukraine would hold first elections when the voters would elect deputies to councils of all levels from their territorial communities – deputies of rural, settlement, city councils, as well as rural, settlement, and city heads. The first elections will also be held in 119 district councils.

Also on this day, the next elections will take place, at which it will be necessary to vote for the candidate for the deputy of the local council and the village, settlement, as well as the mayor.

There are many posts, and it is very easy to get confused in them. Therefore, we decided to figure out what powers, rights and obligations each of these persons, as well as councils of all levels, have. Let's start with the mayoral office.

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This is the main official of the territorial community of the city, elected by secret ballot for a term of five years in the manner prescribed by law.

The mayor chairs the executive committee of the respective city council and presides over its meetings.

He cannot be a member of any council, combine his official activity with another position, including on a voluntary basis, be engaged in other paid (except for teaching, scientific and creative activities, medical practice, instructor, and referee practice from sports) or entrepreneurial activity.

The city mayor:

- organizes the work of the city council and its executive committee; signs their decisions; submits personnel proposals to the council; manages the apparatus of the council and its executive committee; convenes council sessions; submits proposals and forms the agenda of the sessions, and also presides over the plenary sessions;

- provides preparation for the council's consideration of draft programs of socio-economic and cultural development, target programs on other issues of self-government, local budget and a report on its implementation; publishes programs approved by the council, budget and reports on their implementation;

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- convenes a general meeting of citizens at the place of residence; ensures the implementation of decisions of the local referendum, city council, its executive committee;

- is the manager of budget funds that can be used only for the purpose determined by the council;

- represents the council and its executive committee in relations with state bodies, other local self-government bodies, associations of citizens, enterprises, institutions, and organizations, regardless of their form of ownership, before citizens, as well as in international relations;

- conducts a personal reception of citizens; ensures compliance with the legislation on the consideration of applications from citizens and their associations in the relevant territory; issues orders within the limits of its authority.

Rural and settlement heads are also endowed with similar powers. As mayors, they are accountable, subordinate, and responsible to the territorial community and the corresponding council. Let's dwell on them in more detail.

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City, settlement, and village councils are

... bodies of local self-government, which represent the respective territorial communities and exercise, on their behalf and in their interests, the functions and powers of local self-government.

Both the city, and settlement, and village councils have executive bodies accountable to them (committees, departments, administrations, etc.).

The latter are endowed with a number of powers, for example, in the areas of communal property management and regulation of land relations; in the field of housing and communal services, consumer services, trade services, public catering, transport, and communications, etc.

At the same time, the following issues belong to the competence of the city, settlement, and village council:

- approval of the regulations of the council; formation and liquidation of permanent and other commissions; formation of the executive committee; personnel issues.

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- approval of the work plan of the council and hearing a report on its implementation; hearing the report of the village, settlement, city mayor on the activities of the executive bodies of the council, including the annual report; making a decision on no confidence in the village, settlement, city head and a decision on the early termination of their powers.

- listening to the messages of the deputies about the work in the council, their fulfillment of the instructions of the department; consideration of deputies’ requests, making decisions on them; early termination of the powers of a deputy.

- the decision to hold a local referendum and decisions concerning its organization and conduct.

- consideration of the forecast of the local budget, its approval, amendments to it; approval of the report on the execution of the relevant budget; making decisions on the transfer of funds from the local budget;

- approval of local urban planning programs, general development plans, other urban planning documentation; establishing rules for the improvement of the territory, ensuring cleanliness and order in it, trading in the markets, observing silence in public places.

- setting a ban on the sale of alcoholic drinks by business entities (except for restaurant establishments) at certain times of the day.

- making decisions on the issues of combating natural disasters, epidemics, epizootics; creation of a communal rescue service.

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City district council

It also has all of the above powers. In addition, a district council in a city (if created), like a rural, settlement and city council, can delegate some of its powers to the self-organizing bodies of the population, transfer appropriate funds, as well as material, technical and other resources to them, and monitor their implementation.

Regional and district councils

These bodies of local self-government represent the common interests of territorial communities of villages, townships, cities, within the powers determined by legislation, as well as powers delegated to them by village, settlement, city councils.

In addition, regional and district councils can make decisions:

- on the issues of combating natural disasters, epidemics, epizootics;

- on the classification of forests to the category of protection, as well as on the distribution of forests by forest tax categories;

- on the implementation of local borrowing and the provision of local guarantees in accordance with the requirements established by the Budget Code.

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Councilors of all levels

Councils of all levels – rural, settlement, urban, district in the city (if created), district, regional – consist of deputies who are elected by residents of the corresponding settlement/district/region.

The deputy represents the interests of the entire territorial community, bears duties to the voters, the council, and its bodies, carries out their instructions.

He is obliged to participate in the work of sessions of the council, meetings of the standing, and other commissions of the council, to which he was elected.

The deputy has the right to:

- a decisive vote on all issues that are considered at sessions of the council, as well as at meetings of the permanent and other commissions of the council, to which he was elected;

- apply with a request to the heads of the council and its bodies, village, settlement, city mayor, heads of bodies, enterprises, institutions, and organizations, regardless of the form of ownership, located or registered in the relevant territory, and a deputy of the city (city of regional significance), district, the regional council - also to the chairman of the local state administration on issues referred to the jurisdiction of the council;

- familiarize himself with any official documents that are stored in the relevant local government bodies, and make extracts, copying these documents.

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If, within a year, the deputy misses most of the plenary meetings of the council or the standing commission, does not carry out the decisions and instructions of the council without good reason, then the latter may appeal to the voters with a proposal to withdraw it.

Deputies of a village, settlement, city, district council in a city cannot be members of the executive committee of the corresponding council.

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