Draft bill #7283 of April 13, 2022 

Cosponsors: a group of 9 MPs from Servant of the People and Holos factions with Larysa Bilozir as the first signatory 

Status: adopted in full, awaits to be signed by the Speaker of the Verkhovna Rada 

Who is affected: local government bodies (LGBs), residents and heads of territorial communities, local councils, local government officials, voters, public and charitable organizations, professional and creative associations, employer organizations, and population self-organization bodies 

Summary: 

the bill defines forms of residents’ participation in resolving local issues, including: 

  • local referendums 
  • local initiatives: 
    • residents will have the right to initiate the consideration in the local council of any issue within the LGBs’ authority 
    • local initiatives will have to be considered at the next regular session of the local council, with the mandatory invitation of the initiative group members who will also have the right to speak 
  • general assemblies (conferences) of residents: 
    • general assemblies can be held across the entire community or in specific parts (within a city, one or several city districts, a village, settlement, neighborhood, street, square, boulevard, avenue, road, lane, descend, passage, or house) 
    • general assemblies are valid if attended by more than half of the voters residing in the area of the assembly. For conferences, the presence of more than two-thirds of delegates, as determined by the community charter, is required 
    • the right to vote at general assemblies (conferences) will have adult residents of the area where the assemblies are held 
  • public hearings: 
    • residents can hold public hearings to discuss issues with councilors of a village, settlement, or town council or council’s officials, listen to them, ask questions, and submit proposals to address local issues 
  • public hearings will be mandatory for: 
    • adoption or revision of the community charter 
    • drafts of program documents (concepts, programs, strategies, plans), except for the strategic development plan of the community and its amendments 
    • draft budget of the local government and other matters defined in the community charter 
  • public consultations: 
    • residents can participate in public consultations organized by local authorities and submit proposals for resolving local issues 
    • the procedure for public consultations will be determined by LGBs 
  • public evaluation of the work of executive bodies: 
    • residents will analyze the work of local government bodies and officials, issue conclusions, and submit proposals 
    • public evaluation of the work of executive bodies or officials can be initiated by public and charitable organizations, professional and creative associations, employer organizations, and population self-organization bodies. The initiators will have three months to submit conclusions and proposals, and the local council will have to review and decide on them within 30 days 
  • residents’ participation in planning and allocating the local budget: 
    • local council and community charter will define the forms and procedures for residents to make proposals for the allocation of local budget funds 
    • residents’ proposals for planning and allocating budget funds will be considered by the local council 
  • advisory bodies under local government bodies and/or officials: 
    • the mission, composition, and organization of advisory bodies will be defined by the decision approved by the LGB or official under which they are established 
    • it will be allowed to hold meetings of advisory bodies via video conferences 
  • other tools for influencing LGBs that do not contradict the law 
  • decisions by general assemblies, local initiatives, and proposals from public hearings will have to be considered by LGBs responsible for the local issues in question. Initiators will have the right to participate in the consideration of the issues they raised 
  • the procedure for community heads’ and local councilors’ reporting to residents will change. They will be required to report at least twice a year in accordance with the community charter. Reporting will include an open meeting where residents can ask questions, make remarks, and offer proposals. A written report will be published on the official website of a council and at council premises no later than seven days before the open meeting 
  • local government bodies and officials will have to inform citizens at least twice a year about the implementation of social, economic, and cultural development programs, the local budget, and other local issues. Also, they will have to report to the territorial community on their work 
  • territorial communities will be obliged to approve their charters by January 1, 2027 
  • residents aged 14 and older will be allowed to participate in local initiatives, public hearings, public consultations, advisory bodies, and other legally permitted forms 
  • during martial law, provisions of this law will not apply in territories of active hostilities. 

What is right: 

  • residents of territorial communities will have more tools to influence the work of LGBs and insist on important decisions 
  • the law will give young people aged 14 and older the opportunity to influence decision-making in their community 
  • the reporting procedure of community heads and local councilors will be improved. 

What is wrong: some of the proposed forms of direct democracy could significantly complicate and slow down the decision-making process. Dishonest politicians or citizens may misuse these procedures to hinder the work of local authorities. 

Additional information: 

Research by the Centre of United Actions: Communities of war. Resilient and Capable