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Publication date: 18.05.2024
Improving the legal regulation of the institute of elders in the conditions of martial law: a new draft law of the Verkhovna Rada
On April 23, 2024, the Verkhovna Rada of Ukraine adopted in the first reading the project of the Law of Ukraine on Amendments to the Law of Ukraine "On Local Self-Government in Ukraine", aimed at improving the legal regulation of the Institute of Elders and its activities under martial law (reg. No. 9518) . This decision reflects the state's desire to ensure effective functioning of local self-government even in the most difficult conditions.
The purpose and necessity of the draft law
The purpose of the draft law is to improve the legal conditions for the functioning of the institute of elders in the conditions of full-scale armed aggression against Ukraine, the temporary occupation of part of the territory of Ukraine and the operation of the legal regime of martial law. In addition, the document is aimed at eliminating shortcomings in the current legislation, which were revealed during practical application.
Key innovations of the draft law
The principle of ubiquity of Starosty districts
The draft law proposes to establish the principle of the universality of Starostyn districts, which means the creation of Starostyn districts in each territorial community. This will ensure an even distribution of administrative functions and supervision over all settlements.
Continuity of the elders' activities
It is envisaged to ensure the continuity of the activities of the headmen until the approval of the new headman by the newly elected local council. This is important to maintain stability and continuity of governance at the local level in the face of changes in power or emergency situations.Individual appointment of the head of the territorial community
The draft law provides for the possibility of single-handedly appointing the head of the territorial community in case of inactivity of the relevant local council or early termination of its powers. This innovation will avoid a management vacuum and ensure prompt decision-making.
Additional criteria for the formation of Starosty districts
An additional criterion for the formation of Starosty districts is established, namely the population density indicator in territorial communities, which must be taken into account when determining the lower limit of the number of residents of the Starosty district. This will ensure a more reasonable and efficient formation of districts.
The elder's right to a guaranteed performance
The right of the headman to a guaranteed speech at the meetings of self-organization bodies of the population, whose activities are carried out within the relevant headman's district, is established. This will contribute to a more open and effective dialogue between local authorities and the public.
Appointment of a temporary acting headman
The draft law regulates the issue of appointing a temporary acting headman in the event of the headman's temporary absence due to mobilization. This will avoid interruptions in the work of local self-government.You may be interested in the following articles: consultation with a lawyer, consultation with a lawyer, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers, documents, assistance of a lawyer online, a lawyer online, a legal opinion, a legal opinion of a lawyer, a lawyer online
Video conferencing for elders reporting
The possibility of reporting by elders and holding public discussions of the candidacies of elders in the mode of video conference is being introduced. This innovation will contribute to greater transparency and accessibility of the reporting and discussion process.
Powers of heads of military administrations
The draft law empowers the heads of the military administrations of settlements to unilaterally make decisions on the formation of village headmen's districts and the appointment (dismissal) of headmen without holding public discussions. This is an important innovation, taking into account the specifics of martial law conditions, when the speed of decision-making is critically important.
Conclusion
The adoption of this draft law in the first reading is an important step in the direction of improving the legal regulation of the institute of elders in the conditions of martial law. The innovations proposed in the draft law will contribute to more effective functioning of local self-government, ensuring the continuity of management and protection of citizens' rights in the difficult conditions that have developed in Ukraine.
Further steps regarding finalization and adoption of the draft law as a whole should be aimed at taking into account all aspects and nuances of the practical application of innovations in order to ensure maximum efficiency and effectiveness of the new legislation.
