Legal Corner. March 2023
Legal Corner. March 2023

Date: 27.03.2023

Author: Volodymyr Bozhko, Vasyl Polischuk

Photo: Depositphotos

A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 27.03.2023.

You are reading Legal Corner for March. If you are interested in Legal Corner for February, follow this link.

 

On 1 March 2023, the Constitutional Court of Ukraine issued its Decision № 2-р(II)/2023 in the Case on the constitutional complaint of Pleskach Vyacheslav Yuriyovych regarding the compliance with the Constitution of Ukraine (constitutionality) of the provisions of part one of Article 294, part six of Article 383 of the Code of Administrative Procedure of Ukraine (regarding equality of parties during judicial control over the execution of a court decision).

This Decision recognized the provisions of part one of Article 294 and part six of Article 383 of the Code of Administrative Procedure of Ukraine as inconsistent with the Constitution of Ukraine (unconstitutional) because they made it impossible to appeal against a court decision to dismiss an application filed in accordance with Article 383 of the Code of Administrative Procedure of Ukraine.

The above-mentioned legal provisions became invalid as of the date of this Decision.

 

On 17 March 2023, the Cabinet of Ministers of Ukraine (the "Government") adopted Resolution № 234 "On Amendments to the Procedures Approved by the Resolutions of the Cabinet of Ministers of Ukraine No. 110 dated 16 February 2011 and No. 541 dated 14 May 2012". Amendments were made to the "Procedure for Local Borrowing", approved by Government Resolution № 110 dated 16 February 2011, and the "Procedure for Providing Local Guarantees", approved by Government Resolution № 541 dated 14 May 2012.

So now, the Decision of the Verkhovna Rada of the Autonomous Republic of Crimea, regional or city council to make a loan must also contain information on the following essential terms of the loan:

  • type, amount, currency, term;

  • interest for the use of the borrowing and the terms of their payment, including interest in case of delay and/or deferral of the obligation to repay the borrowing/a separate part thereof;

  • the amount of commissions, administrative fees, and other payments payable in accordance with the terms of the loan agreement (loan agreement);

  • the amount of forfeit, fines, penalties, or other sanctions for breach of borrowing obligations, as well as the amount of the principal amount of the debt.

The amount and terms of the borrowing (restructuring of debt obligations) are agreed with the Ministry of Finance of Ukraine (hereinafter referred to as the "Ministry of Finance"), provided that the local council submits a notice in paper or electronic form. The notification must be accompanied by several duly executed documents, including the calculation of the average annual amount of revenues of the general fund of the local budget received for the three previous budget periods preceding the decision of the Verkhovna Rada of the Autonomous Republic of Crimea, regional or city council on local borrowing, as well as inter budgetary transfers (in the form approved by the Ministry of Finance).

In case of a reasoned refusal of the Ministry of Finance, the local council shall eliminate the deficiencies and adjust (if necessary) the amount of liabilities on borrowings denominated in foreign currency within 15 calendar days. The Ministry of Finance reviews the revised documents within one month from the date of their receipt. If no response is received within the prescribed period, the application for approval of the amount and terms of borrowing (debt restructuring) submitted by the applicant is left without consideration.

 

On 17 March 2023, the Government adopted Resolution № 232 "On Amendments to the Procedure for Implementing the Programme of State Guarantees for Medical Care for the Population in 2023". As a result of the changes to the planned and actual cost of medical services provided for in Chapter 1 of Section II of the "Procedure for Implementation of the State Guarantees Programme for Medical Care for the Population in 2023" approved by Resolution of the Cabinet of Ministers of Ukraine № 1464 dated 27 December 2022 and provided under contracts for medical care for the population under the medical guarantees programme concluded with medical service providers whose places of provision of medical services as of 28 February 2023 are located in the territory temporarily occupied by the Russian Federation, the Government of Ukraine has adopted a new law on medical services.

The tariff for the package of medical services "Ensuring the preservation of human resources for the provision of medical care to the population residing in the temporarily occupied territory" is defined as a global rate per month, which is calculated as the minimum value of

  • the sum of the products of the rate, the number of employees of the respective category (actually employed staff units in the healthcare facility) and the adjustment coefficient - 1.22;

  • the amount of the monthly payroll and payroll accruals submitted by the healthcare provider in accordance with the requirements of clause 28 of the "Standard Form of the Agreement on Medical Care for the Population under the Medical Guarantee Programme" approved by the Resolution of the Cabinet of Ministers of Ukraine № 410 "On Agreements on Medical Care for the Population under the Medical Guarantee Programme" dated 25 April 2018, as of the first day of the month preceding the month of submission of the proposal.

The number of employees of the respective category (actually employed staff units in the healthcare facility) for the purpose of calculating the global rate shall be equal to the number specified in the proposal, but not more than the number of employees of the respective category according to the information on payments and costs of providing healthcare under the medical guarantee programme submitted by the healthcare provider as of the first day of the month preceding the month of submission of the proposal.

 

On 14 March 2023, the Government adopted Resolution № 230 "On Amendments to the Procedure for Exercising Powers by the State Treasury Service in a Special Regime under Martial Law". According to the amendments, if the main budget holder decides to make expenditures centrally or to reallocate budget allocations of budget holders included in its network and located in the territories where military operations are (were) conducted or in the temporarily occupied territories that do not operate in the normal mode, then the documents specified in paragraphs 37 and 47 of the "The Procedure for Preparation, Review, Approval and Basic Requirements for Execution of Budget Estimates of Budgetary Institutions”, approved by Government Resolution № 228 of 28 February 2002, may be signed by the head of the institution of the highest level and the head of its financial department.

Changes were also made to the order of priority for making payments on clients' orders, taking into account the resource availability of the single treasury account.

 

On 14 March 2023, the Government adopted Resolution № 226 "On Amendments to the Procedures Approved by the Resolutions of the Cabinet of Ministers of Ukraine No. 175 dated 20 March 2013 and No. 509 dated 17 July 2013". Thus, amendments were made to the Procedure for Organising Public and Other Temporary Works, approved by Resolution of the Cabinet of Ministers of Ukraine № 175 dated 20 March 2013, and the Procedure for Imposing Fines for Violation of Labour and Employment Legislation, approved by Resolution of the Cabinet of Ministers of Ukraine № 509 dated 17 July 2013.

Thus, now the organisation of public works will be carried out by the executive bodies of village, town and city councils. During the period of martial law, quarantine or a state of emergency or a state of emergency, the organisation of public works involving registered unemployed persons may be financed and/or co-financed from local budgets, employers, other sources not prohibited by law and the Compulsory State Unemployment Insurance Fund.

 

On 10 March 2023, the Government adopted Resolution № 218 "On Amendments to Clause 2 of Resolution of the Cabinet of Ministers of Ukraine No. 410 of 25 April 2018 "On Contracts for Medical Services to the Population under the Medical Guarantee Programme". Therefore, as a result of the amendments, emergency medical care and disaster medicine centres in the Autonomous Republic of Crimea, oblasts, the cities of Kyiv and Sevastopol will not be required to submit a scanned copy of a document confirming the accessibility of the building and premises in which the healthcare facility will operate for persons with disabilities and other low-mobility groups in accordance with building codes and regulations, issued by a specialist in a technical inspection of buildings and structures who holds a relevant qualification certificate.

 

On 10 March 2023, the Government adopted Resolution № 214 "On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine No. 562 of 7 May 2022 and No. 1364 of 6 December 2022". The Resolution amended the Regulation on the Information System of the List of Territories in which Military Operations are Conducted (Were Conducted) or Temporarily Occupied by the Russian Federation, approved by the Cabinet of Ministers of Ukraine on 7 May 2022 № 562, and the Government Resolution of 6 December 2022 № 1364 "Some Issues of Forming the List of Territories in which Military Operations are Conducted (Were Conducted) or Temporarily Occupied by the Russian Federation".

 

On 10 March 2023, the Government adopted Resolution № 212 "On Amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 328 "Some Issues of Providing the Population with Long-Term Storage Food Products under Martial Law" dated 20 March 2022. This resolution, in particular, sets out in a new wording the "List and volumes of food products used for free distribution to the population", as well as the "List and volumes of packaging goods for packaging goods used for free distribution to the population".

 

On 7 March 2023, the Government adopted Resolution № 246 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 950 dated 13 June 2000 "On Approval of the Procedure for Conducting an Internal Investigation in Respect of Persons Authorised to Perform State or Local Government Functions and Persons Equated to Persons Authorised to Perform State or Local Government Functions for the Purposes of the Law of Ukraine "On Prevention of Corruption". It sets out in a new wording the "Procedure for Conducting an Internal Investigation" in respect of those persons covered by the Law of Ukraine "On Prevention of Corruption".

 

On 7 March 2023, the Government adopted Resolution № 210 "On Amendments to the Procedure for Implementing a Pilot Project on Simultaneous Issuance (including Replacement of Lost or Stolen) and Exchange of a Passport of a Citizen of Ukraine and a Passport of a Citizen of Ukraine for Travelling Abroad". It substantially updated the aforementioned Procedure, which now defines the procedure:

  • simultaneous issuance (including replacement of a lost or stolen passport), exchange of a passport of a citizen of Ukraine and a passport of a citizen of Ukraine for travelling abroad; or

  • simultaneous issuance (including replacement of a lost or stolen passport), exchange of a passport of a citizen of Ukraine and a passport of a citizen of Ukraine for travelling abroad to one of the parents (adoptive parents) or other legal representatives of the child, as well as a passport of a citizen of Ukraine for travelling abroad to a child/children under the age of 14; or

  • simultaneous issuance (including replacement of a lost or stolen one), exchange of a passport of a citizen of Ukraine to one of the parents (adoptive parents) or other legal representatives of the child and a passport of a citizen of Ukraine for travelling abroad to a child/children under the age of 14.

In order to enter information into the Unified State Demographic Register, in case of simultaneous issuance of a passport of a citizen of Ukraine and a passport of a citizen of Ukraine for travelling abroad, an employee of a territorial body of the State Migration Service, an administrative service centre, on the basis of documents submitted by the applicant, simultaneously forms an application form for issuing a passport of a citizen of Ukraine and an application form/applications for issuing a passport/passports of a citizen of Ukraine for travelling abroad.

 

On 7 March 2023, the Government adopted Resolution № 198 "On Amendments to Clause 3 of the Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets in 2023 to Support Certain Institutions and Activities in the Healthcare System". It allows the aforementioned subvention to be allocated to medical food products.

 

On 4 March 2023, the Government adopted Resolution № 220 "On Approval of the State Anti-Corruption Programme for 2023-2025". It approves the Programme developed by the National Agency for the Prevention of Corruption, as well as the "Expected Strategic Results for the Programme Implementation" and "Measures for the Programme Implementation". Their action is aimed at achieving significant progress in preventing and combating corruption, ensuring coherence and consistency of anti-corruption activities of all state and local government bodies, as well as a proper process of post-war reconstruction of Ukraine. Paragraph 2 of the Government's resolution emphasises that, in particular, the heads of local self-government bodies are personally responsible for ensuring the implementation of the measures envisaged in the Programme.

 

On 3 March 2023, the Government adopted Resolution № 188 "On Amendments to the Procedure for Providing Partial Unemployment Benefits". In particular, it expanded the possible criteria for granting partial unemployment benefits. Now, an employer or an individual entrepreneur who is an insured person must not have any debts to the state (local) budget for more than six months preceding the month of suspension (reduction) of production (performance of work, provision of services).

 

On 17 March 2023, the Government issued Order № 229-r "On the classification of positions in local self-government bodies to the relevant categories of positions in local self-government bodies". According to this Order:

  • the position of the first deputy settlement, village head is classified as the fifth category of positions in local self-government bodies;

  • positions of the head of a department, office, division, or other structural subdivision of the executive committee of settlement, village councils are classified as the sixth category of positions in local self-government bodies;

  • positions of heads of departments, offices, divisions, and other executive bodies of settlement and village councils are classified as the sixth category of positions in local self-government bodies;

  • positions of heads of departments, divisions, other structural units within the department of the executive body (except for the executive committee) of settlement and village councils are classified as the sixth category of positions in local self-government bodies;

  • the position of head of a department, other structural unit within a department of the executive body (except for the executive committee) of settlement, village councils is classified as the sixth category of positions in local self-government bodies;

  • positions of the head of a department, other structural subdivision within the department of the executive body (except for the executive committee) of settlement, village councils are classified as the sixth category of positions in local self-government bodies.

 

On 10 March 2023, the Government issued Order № 209-r "On Approval of the Distribution in 2023 of the Amount of Additional Subsidies from the State Budget to Local Budgets for the Exercise of Powers of Local Self-Government Bodies in the De-occupied, Temporarily Occupied and Other Territories of Ukraine Affected by the Full-Scale Armed Aggression of the Russian Federation". The additional subsidy totalling more than UAH 10.2 billion was distributed among regional budgets and local government budgets of most territorial communities from all regions of Ukraine.

 

On 3 March 2023, the Government issued Order № 190-r "On Approval of the Reading Development Strategy for the Period up to 2032 "Reading as a Life Strategy" and Approval of the Operational Plan for its Implementation for 2023-2025". The implementation of the Strategy is aimed at spreading the habit of reading books in any format, as this will contribute to the formation of reading literacy, the opportunity to obtain a quality education, the development of critical thinking, personal fulfilment and, in general, greater life satisfaction in the context of information overload, unstable political or economic situation in the country.

Paragraph 5 of the above-mentioned Government Order states that local governments are recommended to provide funds within the real capabilities of local budgets necessary for the implementation of the Strategy when drafting local budgets.

 

On 10 March 2023, the Social Protection Fund for Persons with Disabilities issued Order № 17, registered with the Ministry of Justice of Ukraine on 15 March 2023 under No. 456/39512 "On Approval of the Procedure for Sending the Calculation of the Amount of Administrative and Economic Sanctions Payable in Connection with Failure to Meet the Standard of Jobs for Employment of Persons with Disabilities for the Previous Year". The aforementioned Procedure sets out the mechanism for sending a calculation of the amounts of administrative and economic sanctions payable in connection with failure to meet the standard of jobs for the employment of persons with disabilities for the previous year.

The Pension Fund of Ukraine will send calculations through the electronic offices of enterprises, institutions and organisations, individuals using hired labour, on the e-services web portal within five calendar days from the date of their receipt from the Social Protection Fund for Persons with Disabilities, guided by the "The Procedure for Sending the Calculation of the Amount of Administrative and Economic Sanctions Payable in Connection with Failure to Comply with the Standard of Workplaces for Employment of Persons with Disabilities for the Previous Year", approved by Resolution of the Board of the Pension Fund of Ukraine №14-1 dated 10 March 2023.

 

On 6 March 2023, the Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine issued Order № 80 and on 9 March № 84 "On Approval of Amendments to the List of Territories in which Military Operations are (were) Conducted or Temporarily Occupied by the Russian Federation". Thus, the updated list of territories of possible and active hostilities includes settlements of territorial communities in Dnipro, Donetsk, Zaporizhzhia, Luhansk, Mykolaiv, Sumy, Kharkiv, Kherson and Chernihiv regions.

We would like to remind you that the territories referred to in the above List are divided into territories occupied by the Russian Federation and territories where hostilities are (were) conducted. The List also includes the territories where hostilities were conducted and temporarily occupied since 24 February 2022 and where hostilities or temporary occupation have ended.

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#environment
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22.08.2024
Cash assistance to employees of local self-government
Leave and summer holidays are usually associated with the payment of cash assistance. Experts of the U-LEAD with Europe Programme, Iryna Drozd and Tetiana Larikova, answer the question of how to tax these payments.
#advice
#legislation
#lsg
#finances
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22.08.2024
Looking out for the best interest of the child is the task of local self-government bodies
The experts of U-LEAD with Europe held an info session “Development of Alternative Formats of Family Upbringing in Municipalities” to present the powers of local self-government bodies in reforming the system of institutional care for children as well as other issues.
#lsg
#children
#legislation
#advice
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21.08.2024
Amendments to the Law “On Local Self-Government in Ukraine” entered into force
The use of the state language at plenary sessions of councils and meetings of deputy commissions, their video recording, storage and publication of the videos, as well as regular updates of open data regarding municipal property rights. To clarify key provisions of the Law, U-LEAD held a series of open information events.
#legislation
#advice
#news
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09.08.2024
Arranging the input and output of material assets ​​during the leave of the financially liable person
It’s vacation time, and U-LEAD experts Iryna Drozd and Tetiana Larikova advise on formalising liability for the institution’s material assets if the financially liable person is on leave.
#legislation
#advice
#lsg
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31.07.2024
Legal Corner. July 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.07.2024.
#legal corner
#legislation
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02.08.2024
Accounting of green plantings after initial recognition in budget institutions
Experts of the U-LEAD with Europe Programme, Iryna Drozd and Tetiana Larikova, continue to provide answers to urgent questions of employees of the accounting services of municipal budget institutions, including regarding the further accounting of green plantings after their initial recognition.
#legislation
#advice
#lsg
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30.06.2024
Legal Corner. June 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 30.06.2024.
#legal corner
#legislation
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05.07.2024
How to prevent conflict of interest in municipalities?
Employees of local self-government bodies exercising their powers may give rise to a conflict of interest. This most often occurs due to a lack of knowledge of the integrity policy legislation. U-LEAD organised an event to clarify the legal framework and its practical application.
#legislation
#lsg
#anti-corruption
#advice
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01.07.2024
U-LEAD and the Department of Inspection in the Zaporizhzhia Oblast talked about occupational health and safety
Municipal officials learned about the main aspects of the implementation of national employment policy under martial law: employment laws, occupational health and psychosocial assistance at the workplace.
#working issues
#legislation
#advice
#healthcare
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01.07.2024
Barrier-free environment in municipalities: from communication to universal design of spaces and services
The U-LEARN platform launched the support programme “Creating an Institution for Barrier-Free Access in Municipalities”. At the first seminar, U-LEAD experts talked about the basic principles and legal framework for creating a barrier-free environment in Ukraine.
#training programmes
#advice
#legislation
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27.06.2024
Initial accounting of green plantings in budget institutions
Experts of the U-LEAD with Europe Programme, Iryna Drozd and Tetiana Larikova, continue to offer their advice. This time, they gave a number of recommendations to budget institutions regarding the initial accounting of green plantings.
#legislation
#advice
#lsg
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26.06.2024
The Donetsk Oblast figures out how to keep military records
U-LEAD experts continue to clarify the powers of local self-government bodies under martial law. Together with the municipalities of the Donetsk Oblast, they analysed the specifics of the implementation of the military record-keeping system, the deadlines for entering employees into the lists and the persons responsible.
#war
#lsg
#advice
#legislation
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25.06.2024
Specifics of inventory accounting and valuation
U-LEAD experts Iryna Drozd and Tetiana Larikova continue to provide advisory support. This time they responded to a number of questions on inventory accounting and valuation in budgetary institutions.
#advice
#legislation
#finances
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19.06.2024
The Kushuhum municipality set up a volunteer fire brigade in 23 hours
Organising local fire and rescue units is a task of local self-government. U-LEAD introduced local self-government officials to the theory and practice of establishing a local fire department.
#volunteer fire brigades
#legislation
#advice
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19.06.2024
Draft and military records: U-LEAD experts explained the powers and responsibilities of the local self-government officials to them
Defence and daft efforts, as well as keeping military records of citizens, fall under the scope of competence of state and local self-government bodies. Given the changes to the legislation and the extension of martial law in Ukraine, the role of local self-government in these processes is becoming increasingly important.
#war
#legislation
#lsg
#advice
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18.06.2024
U-LEAD experts presented IPARD-III support directions to the local self-government official
This programme enables candidate countries for EU membership to prepare for the implementation of the Common Agricultural Policy. The support covers the development of rural areas and the sustainable agricultural sector.
#development strategy
#legislation
#lsg
#advice
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17.06.2024
The Petrove municipality has changed its approach to working with abandoned property
Its experts who joined U-LEAD’s Support Programme have developed packages of documents and step-by-step procedures for identifying, accounting of abandoned property and bringing it under municipal property.
#accomodation
#lsg
#training programmes
#legislation
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12.06.2024
Village club 2.0 or creative space: establishing a cultural services centre in a municipality
The reform of the cultural sector is among the least visible in wartime. Its key stage is currently underway, reforming the basic network of cultural institutions at the municipal level and forming cultural service centres. U-LEAD experts and representatives of the Ministry of Culture and Information Policy explain what difficulties municipalities face and how to overcome them.
#lsg
#legislation
#advice
#culture
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07.06.2024
Municipalities can create institutions to provide primary legal aid for free
Local self-government bodies provide their residents with a wide range of administrative, social and other services. Free primary legal aid is also part of their mandate.
#legislation
#advice
#lsg
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07.06.2024
Recommendations to municipal institutions: accounting of fixed assets
U-LEAD experts Iryna Drozd and Tetiana Larikova continue to provide consulting support. This time, they discussed the net book value of fixed assets, periods of useful life and accounting of land plots.
#advice
#legislation
#finances
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06.06.2024
How to organise accounting in municipal budgetary?
U-LEAD experts clarify cases that require the creation of a centralised accounting service and how it should be better organised, as well as explain the duties of administrators of budget funds.
#advice
#legislation
#finances
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31.05.2024
Legal Corner. May 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.05.2024.
#legal corner
#legislation
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05.06.2024
Taxing hospitality: who, where and how should control the tourist tax
According to municipal officials, the tourist tax is yet to become a development tax. U-LEAD experts held discussions to work out under what conditions the tourism industry would generate income and municipalities would reach their full potential.
#tourism
#legislation
#advice
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29.05.2024
How can municipalities ensure the resilience of their critical infrastructure?
U-LEAD experts explained what plans and programmes municipalities should have on the resilience of critical infrastructure and civil defence, and how to oversee their compliance.
#war
#energy security
#legislation
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24.05.2024
State GeoCadastre clarified the state land relations policy to the municipalities of the Rivne Oblast
U-LEAD continues the practice of cooperating with state institutions to provide municipalities with clarifications on new bills and amendments to the legislation. This time, experts of the State GeoCadastre discussed land management with the municipalities of the Rivne Oblast.
#land lease
#legislation
#lsg
#land reform
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23.05.2024
Mine action of local self-government: securing, informing, promoting humanitarian demining
Since the outset of the full-scale invasion of Ukraine, almost 28,500 civilians have been injured from landmines and explosive ordnance. Pursuant to Article 38 of the Law of Ukraine “On Mine Action”, the actions or inaction of local self-government bodies may be challenged in court as prescribed by law. What are the powers and duties of local self-government regarding mine action? How can municipalities protect their children and adults? Read more below.
#war
#lsg
#legislation
#advice
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23.05.2024
Procedure and grounds for the local self-government to contract volunteers
For municipalities, volunteering is still both a new and critical direction. That is why U-LEAD keeps organising relevant events for local self-government officials and inviting experts to provide clarifications.
#volunteering
#lsg
#advice
#legislation
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21.05.2024
What is regulated by the Law “On Access to Public Information” for local self-government bodies
Public information and free access to it are among the fundamental principles of a democratic society and European approaches to relations between the authorities and the public. However, not all information available to the local self-government is open. And public information does not always mean open. Read more about the difference in our article.
#public information
#legislation
#advice
#lsg
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17.05.2024
The Vyhoda municipality has developed a Municipal Energy Plan
Municipal officials worked for 6 months under the expert support of U-LEAD as part of the Experience Sharing Network “Development of Municipal Energy Plans”.
#energy security
#legislation
#training programmes
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16.05.2024
Passing inspections in wartime
Revision, audit and monitoring of procurements: representatives of the municipalities of the Zaporizhzhia Oblast learned how to smoothly pass inspections by regulatory bodies.
#lsg
#legislation
#advice
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10.05.2024
Safety Commissions: creation and operation
To ensure an adequate level of civil protection, municipalities create special Commissions on Technogenic and Environmental Safety and Emergency Response. U-LEAD experts provided clarification on the creation of the Commissions, explored their main powers and analysed their financing mechanisms.
#safety in municipality
#advice
#lsg
#legislation
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30.04.2024
Use of property of non-working educational institutions in rural areas: what do you need to know?
If the property of a non-working general secondary education institution cannot be used for the needs of education, social protection, culture, sports or health care, municipalities have the opportunity to use it for other needs. Such actions are provided for by law, but subject to compliance with a number of conditions
#war
#education
#legislation
#municipal property
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22.04.2024
New Training program: "Development of the Statute of the Municipality"
Do you want to normalize relations with the public and strengthen interaction with citizens? Do you have to regulate the tools of local democracy at the local level? Do you want to openly, transparently and effectively involve citizens in decision-making at the local level? Join the training program from "U-LEAD with Europe"!
#training programmes
#legislation
#lsg
#announcements
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17.04.2024
Provide support and assistance: Local self-government authorities to implement veteran policy
Developing a comprehensive approach to support veterans and their families, creating a high-quality veteran policy, as well as arranging systematic work to provide services to veterans and their families at the appropriate level are the tasks that require significant human, financial and organisational resources from local self-government bodies. U-LEAD experts explained how to effectively implement this policy in the municipality.
#war
#lsg
#legislation
#advice
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11.04.2024
The Fastiv municipality, Kyiv Oblast, introduces the one-stop shop for veterans
The status of a veteran should be stigmatised or associated with a bunch of issues that no one knows how to solve. Rather, it is an honourable status that means respectful treatment and real support. Almost every municipality in Ukraine is now undergoing the evolution from the first to the second, dignified approach. The municipality of Fastiv has come far, from volunteer initiatives to comprehensive changes in veterans’ policies.
#war
#lsg
#legislation
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31.03.2024
Legal Corner. March 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.03.2024.
#legislation
#legal corner
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29.03.2024
Children and war: How can municipalities ensure proper care and protection?
U-LEAD experts have systematised information on the powers of local self-government bodies in the field of protection of children’s rights and talked about the main functions of the guardianship and custodianship body under martial law.
#war
#safety
#legislation
#internally displaced persons
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28.03.2024
Understanding the legal basis for volunteer involvement to be of great importance to municipalities
For local self-government officials, the U-LEAD Programme organised an information session on the peculiarities of volunteer involvement, terms and details of concluding agreements on volunteer activities, mechanisms for reimbursement of volunteers’ expenses, issuance of volunteer certificates and useful tips on volunteer accounting.
#volunteering
#lsg
#legislation
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21.03.2024
Why local authorities should support rural development: EU legislation and best practices
Rural areas make up more than 70% of the entire area of Ukraine. Their prosperity and development should be a priority for local authorities. One of the Wednesdays with U-LEAD events covered rural development standards in effect in the European Union and how local authorities and the state can benefit from them.
#advice
#legislation
#lsg
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20.03.2024
Voluntary civil defence units as an effective security tool
In the context of martial law, the local self-governments seek new opportunities to improve security. It is possible for municipalities to create VCDUs to assist other services. U-LEAD experts explain the way to do this.
#volunteering
#lsg
#advice
#legislation
#safety
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14.03.2024
Changes in the Medical Guarantee Programme and how to use them for the benefit of patients and hospitals
U-LEAD experts told the participants of the info session about the expansion of the Medical Guarantee Programme and changes in the financing of services, the inspection of healthcare facilities by the National Health Service and the improvement of services for patients.
#healthcare
#advice
#legislation
Read more
05.03.2024
Changes in the legislation on humanitarian aid: who is affected and how to proceed?
U-LEAD experts informed representatives of local self-government about important changes in the legislation regarding humanitarian and charitable aid, its import, accounting and use.
#legislation
#advice
#war
Read more
29.02.2024
Legal Corner. February 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 29.02.2024.
#legal corner
#legislation
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01.03.2024
Cessation of ownership of destroyed municipal property: U-LEAD explains the procedure
Since the beginning of the full-scale Russian aggression, a lot of the Ukrainian municipalities have suffered from the destruction, so the issue of the cessation of ownership of the destroyed municipal property is an urgent one. The various events of the U-LEAD with Europe programme for specialists in local self-government have been devoted to this issue, with the clarification of the algorithms of action in specific cases.
#war
#lsg
#legislation
#reconstruction
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01.03.2024
Filing declarations for employees of local self-government in 2024: deadlines, requirements and clarification
The declaration campaign for the 2023 reporting period is open until 31 March 2024. Income declarations must be submitted by local government employees, members of local councils and other declaration filers.
#legislation
#lsg
#advice
Read more
29.02.2024
Recording destruction and damage of property: Algorithm of actions for local self-government bodies
The enemy keeps launching rocket attacks and shelling the territories of the municipalities, causing a lot of destruction and damage to the infrastructure and to the private property. Full recovery requires not only funds, but also a specific recording process, with local self-government bodies playing a key role. Learn more about the algorithm of actions for recording destruction and its peculiarities in the commentary of the U-LEAD expert.
#war
#lsg
#legislation
Read more
29.02.2024
Hospital CEO appointment: from competition announcement to contract signing
The U-LEAD experts explained to the representatives of municipalities the algorithm of holding a competition for the position of the healthcare facility CEO and clarified the issue of part-time work and competition procedures during the martial law period.
#healthcare
#legislation
#advice
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19.02.2024
Local self-government employees must declare property located in the temporarily occupied territories
According to the updated Clarifications of the National Agency on Corruption Prevention, the declaration filer must include in the declaration information about any real estate belonging to them and their family members, including any real estate located in the temporarily occupied territories.
#legislation
#advice
#lsg
Read more
22.01.2024
Most popular U-LEAD articles of 2023
We at the editorial office of the website of U-LEAD with Europe greatly appreciate each and every view. We want our readers to get all the necessary information about the opportunities provided by the U-LEAD Programme, to see successful cases, good practices and effective cooperation between municipalities and to follow these examples.
#digest
#news
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31.01.2024
Legal Corner. January 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.01.2024.
#legal corner
#legislation
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31.12.2023
Legal Corner. December 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.12.2023.
#legislation
#legal corner
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19.12.2023
Paid social services: Who should pay, what services are provided on a paid basis and how much do they cost?
Since 2020, the provision of social services has been transferred to the municipal level. Reasonably, the question of funds for payment of these services for certain categories of recipients arose. U-LEAD experts clarified the cases when social services may be provided on a paid basis and how their differentiated fees are calculated.
#legislation
#analytics
#social services
#advice
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15.12.2023
Despite the war, decisions on local budgets for 2024 are subject to mandatory publication!
What must be made public in terms of budget documents under martial law? When and where should the decision on the budget 2024 be made public? What to do if the municipality has lost access to its Internet resources, what are the alternative information platforms for publishing the decision?
#finances
#advice
#legislation
Read more
29.11.2023
New requirements for providing bomb shelters in municipalities: clarification of U-LEAD experts
New requirements for providing bomb shelters came into force on the 1st of November. How will these innovations affect their reconstruction and overhaul? What additional restrictions should local self-government bodies keep in mind when equipping protective facilities from now on?
#legislation
#war
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28.11.2023
Expert: Municipalities can allocate the free balance of the budget only to certain directions
The President of Ukraine signed Law No. 3428-IX “On Amendments to Section VI of the Budget Code of Ukraine on Ensuring the Support of the State’s Defence Capabilities and the Development of the Defence and Industrial Complex of Ukraine” dated 8 November 2023. This Law lists directions for the municipalities to allocate free local budget balances under martial law.
#legislation
#local budgets
#advice
#news
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27.11.2023
Аnti-corruption legislation: What has changed for local self-government bodies?
On clarification of changes for local self-government bodies with the entry into force of Law of Ukraine No. 3384-ІХ “On Amendments to Certain Laws of Ukraine on Defining the Procedure for Submission of Declarations by Persons Authorised to Perform State or Local Self-Government Functions under Martial Law”.
#legislation
#anti-corruption
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30.11.2023
Legal Corner. November 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 30.11.2023.
#legal corner
#legislation
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17.11.2023
Decolonisation of toponyms: To be implemented by municipalities by January 2024
How exactly should local self-government bodies implement the Law of Ukraine “On Condemnation and Prohibition of Propaganda of Russian Imperial Policy in Ukraine and Decolonisation of Toponymy”.
#derussification
#news
#legislation
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31.10.2023
Legal Corner. October 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.10.2023.
#legislation
#legal corner
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29.09.2023
Legal Corner. September 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 30.09.2023.
#legal corner
#legislation
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29.09.2023
Teacher appraisals: details of the procedure
How exactly to carry out the appraisals of teaching staff in 2023/2024? What are the procedures for the scheduled appraisal as well as extraordinary appraisals initiated by the employee/manager? U-LEAD’s expert answers these questions.
#advice
#legislation
#education
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27.09.2023
Dismissal from the local self-government bodies under martial law
U-LEAD adviser clarifies the powers of employers, the rights of employees and the general provisions under which employment can be terminated in local self-government bodies.
#working issues
#legislation
#advice
#lsg
Read more
05.09.2023
Lakes and ponds, waterworks, aquaculture: How to manage "water resources" for municipalities
The participants of the "Coffee with Experts" discussion, hosted by the U-LEAD with Europe Regional Office in Odesa Oblast, learned about the management, and history of local water resources and the reform process in this area.
#news
#legislation
Read more
05.09.2023
Infographics: Developing recovery plans
U-LEAD experts analysed the legislation and made infographics to show you the stages and timelines of recovery plans, the components of these plans and who develops them.
#recovery
#legislation
Read more
28.08.2023
Municipalities and U-LEAD experts analyzed the innovations in legislation in the field of water resources management
During the event in the Coffee with Experts format, the municipalities of the Poltava, Kharkiv and Cherkasy Oblasts spoke with U-LEAD experts on Spatial Planning and Natural Resource Management about the updates in the water resources management legislation and approaches to water resources management.
#news
#legislation
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25.08.2023
Can the municipality finance the needs of the military at the expense of local budgets? U-LEAD clarifies
At the event for Cherkasy municipalities, a hot topic was discussed: solving financial issues under martial law. The participants familiarized themselves with changes in the legislation in the spheres of financial and budgetary relations of the local government, worked out urgent issues of the implementation of the powers of the local government and discussed the powers to finance the needs of the military at the expense of local budgets.
#finances
#war
#advice
#legislation
Read more
11.08.2023
An employee of a local self-government body is a blood donor: how not to violate their rights?
U-LEAD experts provided clarification on donor guarantees to employees of local self-government bodies who voluntarily donate blood and its components. These include an additional day of rest and leave on the day of examination and donation. What to do if the employee must be present at the workplace on the day of blood donation?
#legislation
#lsg
#advice
#healthcare
Read more
31.07.2023
Legal Corner. July 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.07.2023.
#legal corner
#legislation
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26.07.2023
The Law No. 3050: Expert explains changes for local self-government bodies/military administrations on setting individual tax exemptions
The Law No. 3050 "On Amendments to the Tax Code of Ukraine and Other Legislative Acts of Ukraine on Exemption from Environmental Tax, Land Payment and Real Estate Tax Other Than a Land Plot for Destroyed or Damaged Real Estate" has recently come into force. What impact does it have on local self-government bodies and what are the new powers of municipalities?
#legislation
#environment
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14.07.2023
On the simplified procedure for local taxes and fees for the period of martial law
The participants of the information session, held by U-LEAD in partnership with the Southern Interregional Department of the State Regulatory Service of Ukraine, learned about the peculiarities of regulatory policy during the war, the possibility for local councils to adopt acts under a simplified procedure, as well as the pitfalls of such indulgences.
#finances
#war
#advice
#legislation
Read more
11.07.2023
Things to know about archives and the document nomenclature in 2023
The participants of the information session, held by U-LEAD in partnership with the State Archives of Mykolaiv Oblast, learned about the peculiarities of archival affairs and record keeping in municipalities.
#advice
#legislation
#lsg
Read more
11.07.2023
U-LEAD helps municipalities to understand public procurement for budget funds
Read our material about public procurement for budget funds, authorised persons and municipalities' work with experts from the Institute for Budgetary and Socio-Economic Research (IBSER).
#local budgets
#advice
#legislation
Read more
30.06.2023
Legal Corner. June 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.06.2023.
#legal corner
#legislation
Read more
04.07.2023
The Law “On Waste Management” enters into force
U-LEAD experts offer you an infographic dedicated to the related changes, requirements and responsibilities of local governments.
#legislation
#news
Read more
04.07.2023
How to deal if a local government employee stayed in the temporarily occupied territory and was forced to obtain a Russian passport?
U-LEAD experts provided explanations on personnel issues related to the work of local self-government under occupation.
#war
#legislation
#advice
Read more
21.06.2023
U-LEAD with Europe jointly with tax authorities explains peculiarities of taxes and fees payment under martial law to municipalities of Kharkiv Oblast
During the joint information session, the U-LEAD with Europe Regional Office and the Main Department of the State Tax Service in Kharkiv Oblast discussed changes to the tax legislation under martial law and the ability of local self-government representatives to ensure the flow of their own resources to local budgets.
#war
#legislation
#finances
#local budgets
Read more
21.06.2023
What annual leave can a local self-government employee expect in 2023?
Participants of the U-LEAD information session learned about the rules for granting annual leave under martial law, restrictions, refusals, compensation and legislative regulation of this process. You can also find out!
#lsg
#legislation
#advice
Read more
14.06.2023
Role of Regional Departments of Health at the current stage of medical reform
Read our experts’ analytical article to find out more about the competencies, duties, functions, past and future of the Regional Departments of Health.
#health care
#legislation
#advice
#analytics
Read more
31.05.2023
Legal Corner. May 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.05.2023.
#legal corner
#legislation
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30.05.2023
Expert: Despite the war, municipalities must release public information as per the laws
Read more to learn about the balance between transparency and security, requirements for local self-government to release information under martial law and the use of the “three-fold test” in this process, as well as how the municipalities can determine whether to restrict access to the information.
#advice
#legislation
#war
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19.05.2023
Practical advice for employers when using e-services of the Pension Fund of Ukraine
U-LEAD with Europe held an info session where the participants learned about the innovations of the e-services of the Pension Fund of Ukraine and the features of the e-sick leave service, learned about typical errors when filling out e-documents and clarified how to settle sick leave.
#advice
#legislation
#news
Read more
30.04.2023
Legal Corner. April 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.04.2023.
#legislation
#legal corner
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12.04.2023
Introduction of the minimum tax liability will increase revenues to municipal budgets
U-LEAD adviser explains how the new Law No. 1914 affects the Tax Code, changes for agricultural land tenants and how to pay the minimum tax liability correctly.
#news
#legislation
#advice
Read more
06.04.2023
Accounting for humanitarian aid in relocated municipalities
Ihor Ahibalov talks about the lack of a legal framework and regulations to be followed when receiving and distributing humanitarian aid.
#legislation
#advice
#international support
Read more
27.03.2023
New law gave municipalities additional tools for fire brigades
U-LEAD presents the changes in legislation and explains their significance.
#news
#legislation
#volunteer fire brigades
Read more
16.03.2023
Protecting workers and preventing fines
These are the tasks set by the State Labour Service for municipalities in March.
#legislation
#advice
#business
#enterpreneurship
Read more
14.03.2023
Certification of local self-government officials under martial law
U-LEAD experts discussed its procedure.
#war
#advice
#legislation
Read more
09.03.2023
How does martial law affect access to public information? U-LEAD experts explain
Since the outset of the full-scale invasion, information security, protection of personal data and counteracting misinformation in the municipalities have become critical challenges for local self-government.
#war
#public information
#legislation
Read more
28.02.2023
Legal Corner. February 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 28.02.2023.
#legal corner
#legislation
#digest
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28.02.2023
Prohibition or permission to travel abroad. Who in the municipalities is affected by the new Law?
The Government has amended the rules for crossing the border, introducing a number of restrictions that also affect local self-government.
#legislation
#news
#war
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27.02.2023
About territories where you can not pay some types of taxes - a conversation with experts in the Kharkiv oblast
The regional office of the Programme, together with the Main Department of the State Tax Service in the Kharkiv oblast, organised an information session for more than 40 municipalities.
#legislation
#finances
#news
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16.02.2023
U-LEAD experts in partnership with the State Tax Service explain legislative innovations to municipalities
The U-LEAD with Europe Programme works together with partners to improve the tax culture of the population and the businesses community.
#legislation
#finances
#news
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16.02.2023
U-LEAD experts explained to municipalities the procedure for allocating land shares under martial law
The procedure for allocating land shares became a topic for discussion at Coffee with Experts, an event held by the Regional Office of U-LEAD with Europe in the Zaporizhzhia oblast.
#land lease
#news
#legislation
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01.02.2023
Legislative support: municipalities can establish local and volunteer fire brigades
Read more to learn about the latest changes in legislation, organisation and support of local fire and rescue units.
#volunteer fire brigades
#news
#legislation
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26.01.2023
The importance of a Law on Administrative Procedure for citizens in general and for local self-government in particular, based on the German example
Interview with Ms. Manuela Söller-Winkler, State Secretary retd., International Expert of U-LEAD with Europe
#legislation
#reform of the local self-government
#germany
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31.01.2023
Legal Corner. January 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.01.2023.
#legislation
#legal corner
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31.12.2022
Legal Corner. December 2022
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.12.2022.
#legislation
#legal corner
#digest
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30.11.2022
Legal Corner. November 2022
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.11.2022.
#digest
#legal corner
#legislation
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31.10.2022
Legal Corner. October 2022
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31/10/2022.
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#legislation
#legal corner
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