According to Article 19(1) of the Law of Ukraine “On Local Self-Government in Ukraine”, in order to account for historical, cultural, socio-economic and other features of local self-government, a representative local self-government body may, guided by the Constitution of Ukraine and in compliance with the above Law, adopt the Charter of a rural, settlement or urban municipality.
To date, there is no legal requirement for local self-government bodies to adopt Charters of municipalities. The situation will change when the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding Democracy at the Level of Local Self-Government” comes into force (status update as of 7 December 2024: the law has been adopted, signed by the Chairman of the Verkhovna Rada of Ukraine and submitted to be signed by the President of Ukraine), setting forth the mandatory approval of the Charter of Municipality for village, settlement and city councils.
Meanwhile, many local self-government bodies are already aware of the need to have an approved Charter of their municipality, which will outline the functioning of local self-government, establish detailed forms and determine the instruments of participation of the local public in addressing issues of local importance, in strict compliance with the applicable legislation.
Having gone through a four-month journey with ten teams from village, settlement and city councils, supported by experts of U-LEAD with Europe Programme throughout the processes of developing Charters, municipalities acutely saw that this path is not easy and requires careful management: regulating processes, analysing local practices, studying tools for public participation and interaction, a team approach and coordinating efforts between officials and members of the councils, communicating with the residents and their involvement in the public discussion of the Draft Charter of Municipality.
Based on the lessons learned from working with teams of local council officials, we have identified and now offer you 5 basic tips for those self-government bodies that will develop Charters for their municipalities.
Tip 1. Start developing the Charter based on an understanding of the importance of this instrument for the municipality, groundwork done by the local government body and members of the council and outreach efforts among the public.
First and foremost, when it comes to understanding the need for a Charter of Municipality, it should not be because “others have a Charter, so we need one as well”. Rather, the adoption of this instrument will help to regulate/implement/adjust/restart/boost government-public cooperation processes.
Therefore, guided by an underlying principle of balanced qualitative and quantitative representation from the local council and the public, approach the formation of a working group that will develop a Draft Charter with care. We also recommend approving a calendar plan for the implementation of tasks, determining the work formats (offline, online or hybrid models) and clarifying everyone’s tasks.
Since the Charter is a document dealing with government-public interactions, inform municipal residents about all stages of its development and adoption, from the start to the final outcome. The Charter of Municipality, even as a work in progress, should introduce practices of transparency, openness and accountability, so choose communication channels to fully engage the local public in the process of its development and adoption.
Tip 2. DO NOT simply restate the Law of Ukraine “On Local Self-Government in Ukraine” or other laws and regulations in the Charter without detailing the processes and procedures for their implementation.
This is the advice that is most difficult for municipalities to follow when developing their Charters. Instead of rewriting the provisions, it is essential to set forth the features of the functioning of local self-government, showing the principles of relations of the municipality with its residents, civil society institutions, state bodies and partners. The Charter should take care to detail local procedures implementing the provisions of laws and codify specific applications of participation tools that have developed in your municipalities.
Another practical point is that the Charter should be written in an accessible language. Having read the Charter, a member of the public should understand how local self-government works in their municipality, what the local council is supposed to do to meet the needs of residents, what specific mechanisms and procedures exist that can be used to resolve issues of local importance, to participate in the decision-making of the local council and to monitor their implementation.
Tip 3. Avoid adopting a Charter of Municipality you found online without first adapting its provisions to the specific features of your municipality and ensuring compliance.
Otherwise, this document, once adopted, will be rendered ineffective in practice due to its disregard for the features of local self-government and government-public cooperation that the Charter of Municipality should cover. In addition, some provisions of the “borrowed” Charter may contradict the effective legislation and be further revoked.
Furthermore, the municipality may face difficulties in implementing the Charter, as residents might disagree with the provisions that fall short of their expectations or go against already established practices. Do consider that the Charter is not only a legal instrument, but also a tool that should contribute to municipal cohesion.
Thus, before adopting the Charter, carefully adapt it to the real situation on the ground by involving experts, conduct public discussions and verify its compliance with the legislation. This is the only way to create a document that will lay a strong foundation for municipal development.
Tip 4. Ensure transparency in the process of adopting the Charter in order to account for the opinions of municipal residents and achieve greater support among the public. To this end, hold public discussions of the Draft Charter prior to its approval by the local council.
In order to ensure a real rather than token public discussion, prepare it with care by determining its formats, choosing communication tools, analysing your target audience and selecting proper outreach channels, having a clear schedule for the discussions and procedures for the collection, processing and analysis of the information received. A very important stage is feedback, because local authorities must communicate to the public which proposals have been taken into account and which have been dismissed, so the explanations must be clear and reasoned.
Tip 5. To make the Charter an effective instrument, it is not enough to adopt it. You must foster a culture of awareness of its contents among the local public.
Accordingly, the task of the local council is to create conditions to make sure that the Charter is known and understood by municipal residents. To achieve this, we recommend the following:
- Conduct informational and training events on a regular basis to raise public awareness.
- Cooperate with members of the council, starostas, public self-organisation bodies and civil society institutions, involving them in promoting the Charter.
- Create your own good practices for implementing participation formats and tools and promote them.
- Motivate residents to participate in solving local issues by engaging them in various municipality initiatives.
- Provide feedback to the public, explaining how their opinions and ideas are taken into account in solving local issues.
Public engagement through participation procedures prescribed in the Charter is a key tool for promoting trust and building municipal capacity today. Focus on success cases to inspire residents and showcase tangible benefits of democratic models of governance, even in wartime. This is why it is so important to manage the process of developing your Charter of Municipality with special care.
With public engagement, attention to the local needs of your municipality and ensuring transparency in this process, you can create an effective instrument that will rise to pressing challenges and promote municipal cohesion.
At the same time, the practical use of the participatory tools enshrined in the Charter will lay the groundwork for implementing further systemic changes aimed at the long-term strengthening of municipalities and increasing their resilience.
