Another step taken on the way of decentralization – local councils will define the structure and size of their executive bodies independently

Minregion initiated the approval of the decree # 664 of 26.11.2014 “On Declaring of Certain Decrees of the Cabinet of Ministers of Ukraine to be no Longer in Force” by the government. The decree allows local self-government bodies to independently adopt the general size of the local council apparatus, its executive bodies, and expenses on its maintenance. The document enters into force on January 1, 2015. The information was provided by deputy Minister of regional development, construction, and housing and communal services of Ukraine, Vyacheslav Negoda.

According to Negoda, this governmental decision is another step on the way of decentralization of responsibilities in the country.

“Local self-government bodies have been waiting for such a decision for years. And this is quite understandable – only local councils must resolve the issues of the general size of the apparatus of a local council, its executive bodies, and their maintenance costs”, Vyacheslav Negoda said.

He informed us, that, while working on the draft decree, he also used the European Charter of Local Self-government as guidance. The Charter provides that “local authorities shall be able to determine their own internal administrative structures in order to adapt them to local needs and ensure effective management”. Besides, according to the decision of the Constitutional Court of Ukraine of 22.05.08 on the case # 10-rp/2008 the norm on the adoption by the Cabinet of Minister of typical staff of local self-government bodies was declared unconstitutional. Also, according to the Law of Ukraine “On Local Self-government in Ukraine”, the matters of adoption (on a proposal from the council head) of the structure of executive bodies of a council, the general size of council apparatus and its executive bodies, expenditures on their maintenance, are placed within the exclusive competency of the respective council.

Vyacheslav Negoda said, that simultaneously with adoption of the aforementioned decree, the Government instructed Minregion, Minfin, Mineceonomdevelopment, together with all-Ukrainian associations of local self-government bodies to consider (within a month’s term) the issues of recommended size of local self-government bodies, in order to define the volumes of funding necessary for their maintenance when respective budgets are formed, and submit their coordinated proposals to the Cabinet of Ministers.

Note:

The decrees that are declared to be no longer in force:

  1. Decree of the Cabinet of Ministers of Ukraine of December 3, 1997, #1349 “On Financial Provision of Activity of Local Self-government Bodies”.
  2. Decree of the Cabinet of Ministers of Ukraine of May 3, 1999, #758 “On New Version of Addendae 1-5 to Decree of the Cabinet of Ministers of Ukraine of December 3, 1997, #1349” (Official gazette of Ukraine, 1999, #18, p. 794).
  3. Decree of the Cabinet of Ministers of Ukraine of December 26, 2003, #2040 “On Introduction of Changes into Addendum 5 of Decree of the Cabinet of Ministers of Ukraine of December 3, 1997, #1349” (Official gazette of Ukraine, 2003, # 52, p. 2808).
  4. Decree of the Cabinet of Ministers of Ukraine of May 23, 2009, #494 “On Introduction of Changes into Addendum 5 of Decree of the Cabinet of Ministers of Ukraine of December 3, 1997, #1349” (Official gazette of Ukraine, 2009, # 39, p. 1295).
  5. Point 1 of the Decree of the Cabinet of Ministers of Ukraine of June 17, 2009, #614 “On Introduction of Changes to Decrees of the Cabinet of Ministers of Ukraine of December 3, 1997, #1349 and of June 3, 2009, #549” (Official gazette of Ukraine, # 46, p. 1555).

Decree of the Cabinet of Ministers of Ukraine of July 8, 2009, #688 “On Introduction of Changes into Decree of the Cabinet of Ministers of Ukraine of December 3, 1997, #1349” (Official gazette of Ukraine, 2009, #51, p. 1733).

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