Publication date: 11.06.2024
Legal aspects of the establishment and operation of united territorial communities
Introduction
The decentralization process in Ukraine, which has been actively underway since 2014, involves the creation of amalgamated territorial communities (ATCs). This process is aimed at increasing the efficiency of local governance and improving the quality of life of citizens. In this article, we will examine the legal aspects of the creation and operation of ATCs, including legal regulation, the procedure of amalgamation, as well as challenges and prospects for development.
Legal regulation
The main legal acts regulating the establishment and operation of ATCs are:
The Constitution of Ukraine:
- Sets out the basic principles of local self-government and the rights of territorial communities.
The Law of Ukraine "On Local Self-Government in Ukraine":
- It defines the legal status, powers, organization and activities of local self-government bodies.
The Law of Ukraine "On Voluntary Amalgamation of Territorial Communities":
- Regulates the procedure for the establishment of ATCs, the procedure for amalgamation, and the rights and obligations of communities.
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The Law of Ukraine "On the Principles of State Regional Policy":
- It establishes the foundations and principles of state policy in the field of regional development, including the creation of ATCs.
The procedure for establishing an ATC
The process of establishing amalgamated territorial communities includes the following stages:
Initiation of an association:
- The initiative to amalgamate can come from village, town and city mayors, local council members or citizens themselves.
Preparation of a draft decision:
- After the initiation of amalgamation, a draft decision on the amalgamation of territorial communities is developed, which includes an action plan, financial and economic feasibility, and other necessary documents.
Discussions and consultations:
- The draft decision is submitted for public discussion and consultations are held with citizens and stakeholders.
Decision-making by local councils:
- Local councils decide on amalgamation at their sessions. The decision must be supported by a majority of the deputies of each council.
Registration of united territorial communities:
- After the decision to amalgamate is made, the newly formed community is registered with the state authorities.
Legal support of ATCs' activities
The activities of the united territorial communities are regulated by the following aspects:
Financial autonomy:
- ATCs have the right to their own budget revenues, including local taxes and fees, subventions and grants from the state budget.
Governing bodies:
- ATCs are governed through elected local self-government bodies: village, town and city councils, as well as their executive bodies.
Powers:
- ATCs are vested with significant powers in education, healthcare, social protection, landscaping, local economic development and other areas.
