For more than three decades, Ukraine has been debating the need for state supervision of the legality of local government decisions. Since the restoration of local self-government in 1990 and the adoption of the Constitution in 1996, Ukrainian law has included a provision allowing local government decisions to be suspended if they contradict the Constitution or legislation. However, there is still no legal clarity on who exactly should exercise this supervision and how.

In a new analytical article, Anatolii Tkachuk, Director of Science and Development at the Institute of Civil Society, explains why this issue is both legal and strategic, particularly in the context of Ukraine’s accession to the European Union.

European context

The Action Plan between Ukraine and the EU explicitly provides for the establishment of a legal framework for the administrative supervision of local self-government decisions, in accordance with the principles set out in the European Charter of Local Self-Government. The relevant amendments were due to be adopted within the first three months of 2025. As the author notes, without this, ‘the European integration process may slow down, and up to EUR 1.5 billion of financial assistance will be lost’.

The European Charter does not prohibit, but regulates supervision

Community leaders often oppose the introduction of supervision, viewing it as an infringement of their independence. However, Article 8 of the Charter clearly provides for administrative supervision, which is intended exclusively to ensure legality and the proper exercise of powers delegated by the state. All countries in the Council of Europe must implement this European norm.

The constitutional basis already exists

The Constitution of Ukraine (Articles 144 and 119) effectively provides the legal basis for introducing such a mechanism:

• decisions of local governments may be suspended if they contradict the law;
• local state administrations must ensure legality in the relevant territory.

All we need to do now is pass a law that sets out the procedures and powers.

Why communities need this

As Anatolii Tkachuk emphasises, monitoring legality does not restrict self-government; rather, it protects citizens’ rights and the stability of the state. After all, lawful decisions are essential for fostering legal trust, and without trust, investment, development, or cohesion are impossible.

‘A lack of supervision can lead to the emergence of “self-governing feudal estates”, or even local republics. This threatens the sovereignty of the state,’ the expert underlines.

Myths and reality

Nowadays, it is often said that ‘26 state bodies already exercise supervision’. In reality, all of them lack the authority to suspend or abolish the decisions of councils without court proceedings. This is a widespread myth that hinders the adoption of necessary decisions.

 

Read the Ukrainian version of the detailed analysis by Anatolii Tkachuk, Director of Science and Development at the Institute for Civil Society, at: Control and supervision of the legality of local government decisions: why it is important and how it is regulated