Publication date: 11.06.2024
Cooperation of Territorial Communities: Legal Basis and Practice of Application
Introduction
Cooperation of territorial communities (TCs) is an important tool for ensuring the sustainable development of local self-government in Ukraine. It allows for more efficient use of resources, implementation of joint projects, and improvement of the quality of services for residents. In this article, we will analyze the legal framework for cooperation of territorial communities and the practice of its application.
Legal and regulatory framework
Cooperation of territorial communities is regulated by a number of legal acts, the main ones being:
The Constitution of Ukraine:
- Establishes the right of territorial communities to local self-government (Article 140).
The Law of Ukraine "On Local Self-Government in Ukraine":
- Defines the powers and responsibilities of local governments in the field of cooperation (Article 9).
The Law of Ukraine "On Cooperation of Territorial Communities":
- Regulates the procedure for concluding cooperation agreements, types of cooperation and mechanisms for its implementation.
Resolutions of the Cabinet of Ministers of Ukraine:
- They contain detailed instructions and recommendations for the practical implementation of cooperation between communities.
Types of cooperation
The Law of Ukraine "On Cooperation of Territorial Communities" provides for several types of cooperation:
Delegation of tasks:
- One community may delegate certain tasks to another community on a contractual basis.
Implementation of joint projects:
- Communities can join forces to implement joint infrastructure or social projects.
Co-financing:
- Communities can jointly finance certain facilities or activities that are of common benefit.
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Establishment of joint ventures and institutions:
- Communities can establish joint ventures, institutions or organizations to provide services or implement projects.
Joint facility management:
- Communities can jointly manage certain infrastructure, such as water supply, roads, etc.
The procedure for concluding contracts
The procedure for concluding cooperation agreements is set out in the Law of Ukraine "On Cooperation of Territorial Communities" and includes the following steps:
Initiating cooperation:
- The initiative can come from any community. The proposal is submitted to the local council for consideration.
Drafting a contract:
- Drafting a contract that defines the purpose, objectives, scope of cooperation, financial obligations and other terms.
Discussion and approval of the agreement:
- The draft agreement is discussed at sessions of local councils of participating communities. The agreement is approved by the councils' decisions.
Signing the contract:
- The agreement is signed by community leaders or authorized persons.
Implementation of the contract:
- Implementation of activities and projects stipulated by the agreement, monitoring and evaluation of the results of cooperation.
Application practice
The practice of cooperation between territorial communities in Ukraine demonstrates a number of successful examples:
Joint infrastructure projects:
- Implementation of road construction and repair, water supply, and energy efficiency projects.
