Chapter XI. Local Self-Government
Article 140
Local self-government is the right of a territorial community — residents of a village or a voluntary association of residents of several villages into one village community, residents of a settlement, and of a city — to independently resolve issues of local character within the limits of the Constitution and the laws of Ukraine.
Particular aspects of the exercise of local self-government in the Cities of Kyiv and Sevastopol are determined by special laws of Ukraine.
Local self-government is exercised by a territorial community by the procedure established by law, both directly and through bodies of local self-government: village, settlement and city councils, and their executive bodies.
District and oblast councils are bodies of local self-government that represent the common interests of territorial communities of villages, settlements and cities.
The issue of organisation of the administration of city districts lies within the competence of city councils.
Village, settlement and city councils may permit, upon the initiative of residents, the creation of house, street, block and other bodies of popular self-organisation, and to assign them part of their own competence, finances and property.
Article 141
A village, settlement, city, district, oblast council is composed of deputies elected by residents of a village, settlement, city, district, oblast on the basis of universal, equal and direct suffrage, by secret ballot. The term of authority of a village, settlement, city, district, oblast council which deputies are elected on regular elections is five years. Termination of authority of a village, settlement, city, district, oblast council shall lead to termination of authority of deputies of the respective council.
Territorial communities elect on the basis of universal, equal and direct suffrage, by secret ballot, the head of village, settlement, city, respectively, who leads the executive body of the council and presides at its meetings. The term of authority of the head of village, settlement, city elected on regular elections is five years.
Regular elections of a village, settlement, city, district, oblast council, the heads of village, settlement, city take place on the last Sunday of October of the fifth year of the authority of the respective council or the respective head elected on regular elections.
The status of heads, deputies and executive bodies of a council and their authority, the procedure for their establishment, reorganisation and liquidation, are determined by law.
The chairman of a district council and the chairman of an oblast council are elected by the respective council and lead the executive staff of the council.
Article 142
The material and financial basis for local self-government is movable and immovable property, revenues of local budgets, other funds, land, natural resources owned by territorial communities of villages, settlements, cities, city districts, and also objects of their common property that are managed by district and oblast councils.
On the basis of agreement, territorial communities of villages, settlements and cities may join objects of communal property as well as budget funds, to implement joint projects or to jointly finance (maintain) communal enterprises, organisations and establishments, and create appropriate bodies and services for this purpose.
The State participates in the formation of revenues of the budget of local self-government and financially supports local self-government. Expenditures of bodies of local self-government, that arise from the decisions of bodies of state power, are compensated by the state.
Article 143
Territorial communities of a village, settlement and city, directly or through the bodies of local self-government established by them, manage the property that is in communal ownership; approve programmes of socio-economic and cultural development, and control their implementation; approve budgets of the respective administrative and territorial units, and control their implementation; establish local taxes and levies in accordance with the law; ensure the holding of local referendums and the implementation of their results; establish, reorganise and liquidate communal enterprises, organisations and institutions, and also exercise control over their activity; resolve other issues of local importance ascribed to their competence by law.
Oblast and district councils approve programmes for socio-economic and cultural development of the respective oblasts and districts, and control their implementation; approve district and oblast budgets that are formed from the funds of the state budget for their appropriate distribution among territorial communities or for the implementation of joint projects, and from the funds drawn on the basis of agreement from local budgets for the realisation of joint socioeconomic and cultural programmes, and control their implementation; resolve other issues ascribed to their competence by law.
Certain powers of bodies of executive power may be assigned by law to bodies of local self-government. The State finances the exercise of these powers from the State Budget of Ukraine in full or through the allocation of certain national taxes to the local budget, by the procedure established by law, transfers the relevant objects of state property to bodies of local self-government.
Bodies of local self-government, on issues of their exercise of powers of bodies of executive power, are under the control of the respective bodies of executive power.
Article 144
Bodies of local self-government, within the limits of authority determined by law, adopt decisions that are mandatory for execution throughout the respective territory.
Decisions of bodies of local self-government, for reasons of nonconformity with the Constitution or the laws of Ukraine, are suspended by the procedure established by law with a simultaneous appeal to a court.
Article 145
The rights of local self-government are protected by judicial procedure.
Article 146
Other issues of the organisation of local self-government, the formation, operation and responsibility of the bodies of local self-government, are determined by law.
