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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
o f 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. (Par. 1 amended by the Law of
8 December 2004)
The council of a village, town, city, district,
or of an oblast is composed of deputies elected
for a five-year term by residents of this village,
town, city, district, or of the oblast on the
basis of universal, equal and direct suffrage
and by secret ballot.
Territorial communities elect for a four-year-term
on the basis of universal, equal and direct
suffrage, by secret ballot, the head of the
village, settlement and city, respectively,
who leads the executive body of the council
and presides at its meetings.
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
socio-economic 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.
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