Local state administrations are not legislatively entitled to make decisions at their own discretion that affect local self-government interests without agreeing such decisions with local self-government bodies.
The law is the same for all, including for Boryspil Rayon State Administration. It concerns the case in December 2017, when the head of the Boryspil Rayon State Administration issued an order for the development of a detailed plan of land plots located within the limits of the Hnidyn village council of the Boryspil Rayon of the Kyiv Oblast, without sending the draft order to the Hnidyn village council for consideration and introduction of proposals, in accordance with the procedure established by law.
The situation became known to Prime Minister of Ukraine Volodymyr Groysman. He received the relevant appeal from the Association of Village Councils of the Boryspil Rayon. The answer was prompt. The Head of Government instructed line ministries and the Kyiv Oblast State Administration to puzzle out the situation.
On 14 June, Vyacheslav Nehoda, First Deputy Minister of Regional Development, Construction, Housing and Communal Services, held a meeting with participation of Oleksandr Turenko, head of the Boryspil Rayon State Administration, Oleksandr Lazarenko, head of the Association of Village Councils of the Boryspil Rayon, head of the Hnidyn village, representatives of MinRegion, Ministry of Justice, StateGeoCadastre and all-Ukrainian associations of local self-government bodies.
"The head of the Boryspil Rayon State Administration, before issuing an order for the development of a detailed plan of land plots, located within the boundaries of the Hnidyn village council, should have asked the opinion of the local council itself. The procedure is simple – to send the draft order to the Hnidyn village council for consideration and submission of proposals in accordance with the procedure established by the law. This was not done. It is unacceptable to violate the law and there should not be any such cases in future. Therefore, the head of the Boryspil Rayon State Administration was charged with the task to revise the order for compliance with the legislation of Ukraine and ensure unconditional compliance with the legislation requirements. We keep this issue under control,” Vyacheslav Nehoda informed.
Relying on the current legislation, the participants of the meeting confirmed signs of non-compliance by the head of the Boryspil Rayon State Administration with part three of Article 71 of the Law of Ukraine “On Local Self-Government in Ukraine” and part two of Article 35 of the Law of Ukraine “On Local State Administrations”, paragraph 58 of the Typical Regulations of the Local State Administration, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 2263 dated 11.12.1999.
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