Pre-term local elections: rumours dispelled by law
Author: Olena Boyko, People’s Deputy of Ukraine
of the 8-th election period, Ph. D. in Public Administration
As far as pre-term local elections are concerned… I have never commented any rumours… However, chances for local elections in 2019 – one year prior to the regular elections – have become subject to much too lively discussions.
According to paragraph 30 of article 85 of the Constitution of Ukraine, the Parliament of Ukraine is entitled to appoint regular and pre-term elections for the local self-government bodies. Hence, no other body has the power to announce pre-term local elections.
To appoint pre-term elections is possible only if powers of local self-government bodies are terminated ahead of schedule. The Law determines the exclusive grounds for early termination of such powers. Thus, Part 1 of Art. 78 of the Law states the following grounds:
1. if the council takes a decision in violation of the Constitution of Ukraine, this and other laws, rights and freedoms of citizens, while ignoring the requirements of the competent authorities to bring these decisions into conformity with the law;
2. if the session of the council is not conducted without any substantial reason within the terms established by this Law, or the council does not solve issues related to its authority;
3. if there are situations stipulated by the laws of Ukraine "On military-civilian administrations", "On the legal regime of martial law".
Besides, the 2019 budget does not include funds for pre-term local elections. Consequently, it is necessary to make changes to the Budget of Ukraine for 2019.
Another global problem is the very law on local elections, as there are many complaints about the electoral system, but a newly adopted Code of Conduct enters into force from 2023 (in case of its entry into force).
The full version is available in Ukrainian – please click HERE
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