Publication date: 11.06.2024
Procedure for Adoption and Implementation of Local Council Decisions: Legal Aspects and Practice
Introduction
Local councils are the key local government bodies in Ukraine responsible for making decisions that affect the life of the community. The effectiveness of their work depends to a large extent on clearly defined legal procedures for making and implementing decisions. In this article, we will analyze the legal aspects of the process of making and implementing decisions of local councils, as well as the practice of their application.
Legal framework
The main legal acts regulating the activities of local councils in Ukraine are:
The Constitution of Ukraine:
- It establishes the basic principles of local self-government and enshrines the right of citizens to participate in the management of local affairs.
The Law of Ukraine "On Local Self-Government in Ukraine":
- It regulates in detail the procedure for organizing and operating local councils, their powers, and decision-making procedures.
Regulations of the local council:
- An internal document that defines the procedure for the work of the council, its structural units and deputy commissions.
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Decision-making procedure
The decision-making process of local councils includes several main stages:
Preparation of draft decisions:
- Draft resolutions can be prepared by deputies, standing committees, executive bodies of the council, or at the initiative of citizens. They must comply with the current legislation and be substantiated.
Discussions at the commissions:
- Draft resolutions are reviewed by the Board's standing committees, which provide their conclusions and recommendations.
Submission to the plenary session:
- Draft resolutions discussed by the committees are submitted to the plenary session of the council. At this stage, deputies can make suggestions and amendments.
Voting:
- Decisions of a local council are adopted by a majority vote of the total number of members of the council, unless otherwise provided by law or the council's regulations. Voting may be open or secret, depending on the nature of the issue.
Documentation of decisions made:
- Once adopted, the resolutions are formalized in accordance with the requirements of record-keeping, signed by the chairman of the board and made public.
Implementation of decisions
Local councils' decisions are implemented by executive bodies of the council. The main stages of implementation include:
Execution planning:
- Development of action plans for the implementation of decisions, identification of responsible persons and deadlines.
Control over implementation:
- The Board's standing committees and executive bodies oversee the implementation of decisions, monitor and evaluate the effectiveness of implementation.
Progress reporting:
- The executive bodies of the board report to the board on the progress and results of the implementation of decisions. If necessary, adjustments or additional measures are made.
Application practice
In practice, the procedure for adopting and implementing decisions of local councils may face a number of problems:
Lack of qualified personnel:
- Limited resources and a lack of qualified staff can complicate the process of preparing and implementing decisions.
Political conflicts:
- Political disagreements between MPs can lead to delays in decision-making or blocking of certain initiatives.
