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  • Author: Not specified

    The draft law on ensuring the legality and transparency of the activities of local self-government bodies (#14048) was presented as something that international partners require. In reality, the law became a simulation of continuing the decentralization reform. In particular, the controversial amendment #728, which MP Roman Lozynskyi submitted for confirmation in order to remove it from the draft law as harmful, became a focal point of criticism.

    This amendment removes from legal oversight the decisions of local councils adopted in the exercise of their own (self-governing) powers, including land, budgetary, and staffing matters. Legal oversight mechanisms would only apply to decisions made in the exercise of powers delegated by other state authorities. At the same time, such regulation—oversight over delegated powers—is already in place (Cabinet of Ministers Resolution No. 339 of 09.03.1999).

    These changes to the draft law on oversight of the legality of local council decisions were adopted at the insistence of the Association of Ukrainian Cities Association of Ukrainian Cities. Until 2024, all key associations of local self-government supported oversight of both own and delegated powers, as envisaged by the European Charter of Local Self-Government.

    As a result of supporting amendment #728, MPs removed most local council decisions from legality oversight. This means that neither citizens nor the state gained a mechanism to respond to clear and obvious violations of the law, such as “toilet schemes,” questionable detailed territorial plans, and other issues.

    The “Voice” faction voted against the bill as a whole, except for MP Tamila Tasheva.

    The risks of this law are highlighted by Dzerkalo Tyzhnia and Holka.

    Bill information page on the website of the Verkhovna Rada of Ukraine Verkhovna Rada of Ukraine.

  • Primary author: Ruslan Stefanchuk

    The draft law was criticized by a number of civil society organizations, including Chesno Movement, DEJURE Foundation, and other NGOs, as well as the Association of Ukrainian Cities, the Architectural Chamber of the National Union of Architects of Ukraine, the National Union of Architects of Ukraine, and the media outlet Dzerkalo Tyzhnia.

    The European Parliament and the European Commission also expressed concerns regarding the legislative initiative. The UK-based Chatham House think tank, referencing analytical materials by the civic initiative Holka, noted risks of the emergence of construction cartels due to the provisions of the law.

    On the day the draft law No. 5655 was adopted in the second reading, citizens gathered the required number of signatures for a petition addressed to President Volodymyr Zelenskyy calling for a veto of the law. The President did not formally respond to the petition but ultimately did not sign the bill, stating that this was his personal decision.

    A more detailed analysis of the risks associated with the draft law is available in the “Research” section.

Kyiv Council