Now is the time for Ukraine to start developing governance models for territories that, after the war, will remain unsafe for habitation, will have lost a significant proportion of their population, or will require special approaches to recovery. Once martial law is lifted, military administrations will no longer be able to serve as the basis for governance, and a return to fully-fledged local self-government will require more than just the holding of elections.

Expert on constitutional and administrative law Ihor Koliushko spoke on this matter during the “Decentralisation 2026. Legislative Agenda” forum.

Military administrations cannot be a post-war model

According to Ihor Koliushko, Ukraine is not doing enough to develop solutions for the future governance of affected territories. This concerns not only the current frontline communities, but also territories where it will remain dangerous to live and work for a long time, as well as depopulated communities.

He reminded that military administrations are only possible under martial law. Once martial law is terminated or lifted, the state must propose an alternative governance model within the timeframes stipulated by law.

‘As soon as martial law ends or is lifted, we automatically lose the legitimate basis for the existence of military administrations. We have to quickly, within the timeframe set by law, offer them an effective alternative.’

According to the expert, this alternative should, primarily, be a return to the full functioning of local self-government. At the same time, a standard solution may not be sufficient for certain territories.

What to do with depopulated communities

Ihor Koliushko remarked that, in order to operate effectively, a community should have a sufficient population. However, after the war, there may be territories where, due to an outflow of residents and security risks, it will be difficult to establish a strong community that meets the usual criteria.

‘If there are territories where we are unable to establish an effective community based on these criteria, then we need to decide how these territories will be governed.’

In his view, such decisions should not be postponed until the war ends. We need discussion, prepared options, and legislative solutions that will help avoid a governance vacuum after martial law is lifted.

The community is more than just a territory on the map

The expert also emphasised the necessity of a holistic vision for future constitutional reform. In particular, Ukraine needs to move towards a model in which the community is a legal entity and the owner of its property, whilst local governments are its bodies.

However, according to Ihor Koliushko, a community cannot be reduced merely to a legal construct or boundaries on a map. What binds its members together needs to be defined: residence, work, tax payments, and participation in local elections.

‘A community is not simply territorial boundaries, not simply a status, not simply a group of people. It is a group of people united by their residence, work, and payment of taxes in that community.’

He stressed that these matters are even more important when large numbers of people are displaced. After the war, it will be necessary to determine who is a member of a community, and how the rules on residence registration, tax payments, and the exercise of voting rights will change.

Powers cannot be separated from finances

Ihor Koliushko identified the disconnect between the delineation of powers and financial provision as another systemic problem. According to him, changes to the remit of local governments will not yield results unless the financial mechanisms are reviewed at the same time.

‘The delineation of powers seems to be designed for specific tasks, yet the Ministry of Finance says: funding will remain as it was. And this simply creates a situation once again where new difficulties arise in implementation.’

The expert also highlighted the importance of a constitutional discussion on the principle of general competence of local self-government, as enshrined in the European Charter of Local Self-Government. Under this principle, a community has the right to take matters of local importance under its own jurisdiction, provided they do not fall within the remit of another public authority.

According to Ihor Koliushko, answers to post-war governance questions should be sought not through isolated, isolated changes, but through a common framework: the future status of communities, their powers, finances, rules for resident participation, and mechanisms for restoring representative authority.

 

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Read more about the general legislative agenda, outlined during the forum by representatives of the Parliament, the Government, and international partners, in the article “Delineation of powers, community resources and rules for frontline territories: Legislative agenda of decentralisation”.

Read more about the findings of a survey of community leaders on legislative priorities in the article “Remuneration, personal income tax, and legitimacy of councils: What community leaders named as legislative priorities”.

Read more about the staffing capacity of communities, administrative services, and the legislation on administrative fees in the article “Administrative Service Centres start with people: What communities need for quality administrative services”.

Read more about the powers of local councils, military administrations and special rules for frontline territories in the article “How to retain the legitimacy of local councils during wartime and regulate the functioning of frontline communities”.