MinRegion commented on the Government’s approval of the plan for implementation of the second decentralisation phase

23.01.2019 - 12:30 | Views: 10477

MinRegion commented on the Government’s approval of the plan for implementation of the second decentralisation phase

Today we are approving a route map for the implementation of the second decentralisation phase, the key goal of which is to hold local elections in 2020 on a new territorial basis. This task was set up by President of Ukraine Petro Poroshenko and the Government of Ukraine, commented Hennadii Zubko, Vice Prime Minister – Minister of Regional Development, Construction, Housing and Communal Services of Ukraine, on the plan for implementation of the Concept for the Reforming of Local Self-Government and Territorial Organisation of Power in Ukraine for 2019-2021, approved by the Government.

“The implementation of the route map will allow solving the key issues regarding the formation of a new territorial basis for the activities of the authorities at the level of hromadas and rayons; transfering powers to local self-government bodies and their differentiation between levels under subsidiarity principle; creating an adequate resource base for the exercise of powers by hromadas; forming an effective service system in local self-government bodies; streamlining the system of state control and monitoring the legality of the LSG, etc.,” said Hennadii Zubko.

The process of hromadas’ amalgamation has been active since 2015. Their number increased from 159 AHs in 2015 to 876 in 2018. 50 hromadas have already accessed to up to 24 cities of oblast significance, and 71 hromadas joined up to 37 already formed AHs. The Government approved perspective plans for the formation of hromadas in 23 oblasts, except for the Zakarpattia Oblast. They cover 82% of the territory of Ukraine and envisage formation of 1285 AHs. 18 rayons are already fully covered by AHs, in 145 rayons AHs make up more than half of their area, 44 AHs are formed within the boundaries of several rayons. Almost 37% of all hromadas, established in early 2015, have already amalgamated and formed capable local self-government actors, assuring representation of the interests of 68% of the Ukrainian population and cities of oblast significance.

“However, at this stage of the reform implementation there is a number of challenges both at the basic and at the rayon level. 6820 or 62% of the village, settlement and non-amalgamated city councils remain under the jurisdiction of the RSA. Almost 18% of Ukraine’s area is not yet covered by perspective plans. And this means that Ukrainians in these hromadas are deprived of the opportunity to receive high-quality infrastructure, educational, medical services. Thus, the successful implementation of the second phase of decentralisation by 2021 will strengthen the capacity of hromadas, create a new quality of services and, accordingly, a new quality of life for Ukrainians,” stressed Hennadii Zubko.

Action Plan on implementation of the second phase of decentralisation in 2019-2021

01	Formation of a new territorial basis for the authorities’ activity at hromada and rayon levels
1^st quarter of 2019	Elaboration and submission to the CMU of proposals on amendments to the Constitution of Ukraine (regarding territorial organization of power).
By 1 March 2019	Elaboration and submission to the CMU of the draft law defining the body to approve the administrative-territorial structure of the basic level.
Till the adoption of the Law	Follow-up of the draft law “On the Principles of Administrative-Territorial Structure of Ukraine” (reg. No.8051) in the Verkhovna Rada.
Till the adoption of the Law	Follow-up of the draft law “On Amendments to the Law of Ukraine “On Urban Development Regulation” (reg. No.6403) in the Verkhovna Rada.
By 1 May 2019	Elaboration, correction of perspective plans for the formation of oblast’s hromadas (100% oblast territory coverage with account of cities of oblast significance), and submission of the relevant legal acts to the CMU.
By 1 March 2019	Creation of regional working groups on preparation of proposals regarding administrative-territorial structure of the basic and subregional levels of oblasts with participation of local self-government bodies, associations, experts and international partners.
By 1 April 2019	Development of recommendations on modern requirements and European standards of administrative-territorial structure of the subregional level.
By 1 June 2019	Elaboration of proposals (cartographic modelling) on administrative-territorial structure of the basic and subregional levels of oblasts.
By 20 July 2019	Elaboration and submission to the CMU of the legal acts on the formation of spatial basis (administrative districts) to create optimal networks of territorial bodies of central executive authorities.
Within 60 days from the day of enactment of the governmental act	Elaboration and submission to the CMU of the legal acts on streamlining of the network of territorial bodies, boundary number of employees and expenses on them with account of administrative districts’ formation.
By 1 March 2019	Calculation of financial capability of hromadas.

02	Transfer of powers to LSG bodies and their demarcation among the levels and bodies under subsidiarity principle
By 10 December 2019	Elaboration and submission to the CMU of new editions of draft laws “On Local Self-Government in Ukraine”, “On Local State Administrations”, “On Amendments to the Law of Ukraine “On Central Executive Authorities” (regarding optimisation of powers of the central executive authorities and their territorial bodies with account of subsidiarity principle).
By 1 September 2019	Examination of structural subdivisions of several oblast, rayon state administrations to identify optimal functions to exercise powers and necessary number of employees.
Within 60 days from the day of enactment of the Law of Ukraine “On Local State Administrations”	Elaboration and submission to the CMU of the regulation “On Amendments to the CMU’s regulation No.606 as of 18.04.2012 “On Approval of Recommended Lists of Structural Subdivisions of an Oblast, Kyiv City, Sevastopol City, Rayon, Kyiv’s or Sevastopol’s Rayon State Administrations” (with account of the legislative changes on decentralisation).
By 10 December 2019	Elaboration and submission to the CMU of the regulation “On Amendments to the CMU’s Regulation No. 91 as of 25 March 2014 “Some Issues of Activities of Local State Administrations” on optimisation of the employees’ number and expenses on them.

03	Creation of a proper resource basis to exercise powers of LSG bodies
By 1 February 2020	Elaboration and submission to the CMU of the draft legislative act on extension of LSG jurisdiction to entire territory of a respective hromada in the field of land relations.
By 10 December 2019	Elaboration and submission to the CMU of the draft law on amendments to the Budget and Tax Codes of Ukraine with account of new editions of the laws of Ukraine “On Local State Administrations” and “On Local Self-Government in Ukraine” regarding financial support of powers transferred to LSG bodies.
By 1 May 2019	Elaboration and submission to the CMU of the regulation “On Amendments to the CMU’s Regulation No.284 as of 19.04.1993 “On the Procedure of Definition and Reimbursement for the Damages Suffered by Landowners and Land Users” regarding extension of the action of this regulation to the village, settlement, urban councils of AHs.
By 1 January 2020	Elaboration and submission to the CMU of the draft legal acts on approval of state standards and norms related to every power delegated to the local self-government by the state in terms of average administrative-territorial unit.
By 10 April 2020	Calculations on the cost of services in accordance with the state social standards and norms related to every power delegated by the state

04	Formation of efficient system of service in LSG bodies
Till the adoption of the Law	Follow-up of the draft law “On Amendments to the Law of Ukraine “On Service in LSG Bodies” (reg. No.8369) in the Verkhovna Rada.
By 1 June 2019	Elaboration and submission to the CMU of the legal acts on amendments to the CMU’s regulation No. 268 as of 09.03.2006 “On Streamlining of the Structure and Conditions of Labour Remuneration of the Employees of Executive Authorities, Prosecution Office, Courts”.

05	Streamlining of the system of state control and supervision over legality of LSG bodies’ activity
By 1 May 2019	Elaboration and submission to the CMU of the draft law “On Amendments to the Law of Ukraine “On Local Self-Government in Ukraine” (regarding decrease of measures and streamlining of the system of state supervision over the activity of LSG bodies).

06	Development of direct democracy forms: elections, referendums
Till the adoption of the Law	Follow-up of the draft law “On Local Referendum” (reg. No. 2145a-2) in the Verkhovna Rada.
By 10 December 2019	Elaboration and submission to the CMU of the draft “On Amendments to the Law of Ukraine “On Local Elections” (in terms of ensuring citizens’ representation in the hromada councils, hromadas’ representation in the rayon and oblast councils).
By 20 February 2019	Development of recommendations on hromada’s charter.

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