Experts from the Central Reform Office at MinRegion explained whether hromadas can decide on voluntary accession to cities of oblast significance, if such accession corresponds to the draft perspective plan for the formation of hromadas of the oblast, approved by the oblast council, but not yet approved by the Cabinet of Ministers of Ukraine.
According to the Law of Ukraine “On Voluntary Amalgamation of Hromadas” (hereinafter – the Law), cities of oblast significance are recognised as capable amalgamated hromadas (for cases provided by articles 8 - 8-3 of the Law). Hromadas’ accession to cities of oblast significance is purely voluntary and takes place with the decision of all relevant local councils.
Thus, if the accession complies with the draft perspective plan for the formation of hromadas of the oblast, approved by the relevant oblast council, and this perspective plan is submitted for the approval of the Cabinet of Ministers of Ukraine without remarks, the councils of hromadas may decide on voluntary accession with a deferral. In this case, the draft decision, which is submitted for the conclusion of the oblast state administration, and, accordingly, the text of the decisions itself, must necessarily indicate that this decision will be put into effect only after the Government approves the relevant changes to the perspective plan.
In case the abovementioned changes are approved by the Government, the decision of the councils on hromadas’ voluntary accession shall be put into effect not earlier than the day following the entry into force of the relevant resolution of the Cabinet of Ministers of Ukraine. That is, from this very day, the local self-government bodies of AHs may begin reorganisation and implement other provisions of Parts 2-14 of Article 8 of the Law “On Voluntary Amalgamation of Hromadas”.
Sample of the draft decision on voluntary accession that may be adopted by local authorities in the cases described above (DOWNLOAD).
The explanations were prepared by Vira Kozina and Maksym Bryzitskyi, experts of the Analytical and Legal Group of the Central Reform Office under MinRegion.
The full version is available in Ukrainian – please click HERE
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