Law of Ukraine No. 3703-IX “On Amendments to Certain Laws of Ukraine Regarding Democracy at the Local Government Level” dated 9 May 2024 (hereinafter Law No. 3703-IX) entered into force on 8 January 2025. In addition to local self-government bodies, this law will be of interest to all residents of municipalities.
This article will focus on the pressing key changes.
Two laws amended
Law No. 3703-IX amended the Laws of Ukraine “On Local Self-Government in Ukraine” and “On the Status of Deputies of Local Councils”. Upon adoption of this Law, the Resolution of the Verkhovna Rada of Ukraine “On Approval of the Regulation on General Meetings of Citizens at Their Places of Residence in Ukraine” is no longer in force. Local self-government bodies should bring their local regulations in line with the new legislation accordingly.
The term “resident of the municipality” clarified
From now on, not only those citizens of Ukraine who have declared or registered their place of residence in a certain municipality, but also those citizens whose actual place of residence/stay is confirmed by a certificate of registration of an internally displaced person are considered to be residents of the municipality. That is, IDPs also have the right to participate in resolving issues of local importance.
Formats of municipal participation in resolving issues of local importance defined
Law No. 3703-IX introduces a new term that did not exist before, “formats of municipal participation in resolving issues of local importance”. Their scope includes both already known formats such as public hearings, general meetings of residents, local initiatives, local referenda, consultative and advisory bodies, and new ones such as public participation in local budget planning and allocation of local budget funds, public consultations, public assessment of the activities of local government bodies and officials. The law also does not rule out other formats of participation that are consistent with the law.
Youth participation in local self-government expanded
Local youth, aged 14 and above, now have the right to initiate and join in formats of municipal participation in resolving issues of local importance such as local initiatives, public hearings, public consultations, consultative and advisory bodies. The formats and procedure for engaging youth in resolving issues of local importance should be determined by local self-government bodies.
The Charter of Municipality is now mandatory
By 1 January 2027, village, settlement and city councils must approve their Charters of Municipality or bring existing charters in line with Law No. 3703-IX. However, consideration of this issue at a meeting of the local council must now be preceded by public hearings. A scope of issues that must be regulated in the Charter of Municipality has also been determined. Furthermore, this Law has abolished the requirement for state registration of the Charter of Municipality.
Stricter requirements for the accountability of elected officials
The legislation clearly defines the form of reporting by heads of villages, settlements and cities and deputies of local councils on their activities. It should be an open meeting where residents can ask questions, express their feedback and make proposals. There is now also a requirement to publish written reports of the heads and deputies on the official website of the council and place them on the council premises 7 calendar days before the meeting. The procedure for reporting to the municipality by heads of villages, settlements and cities and deputies of local councils should be set out by the Charter of Municipality.
As you can see, Law No. 3703-IX covers a significant range of issues. However, the law on democracy cannot be properly applied without approving the Charter of Municipality or bringing it in line with this Law. That is why, local self-government bodies should start on it as soon as possible.
If you would like to understand the legislative changes in more detail, as well as receive advice on the priority steps of local self-government bodies, tune into the relevant info sessions from the list of Wednesdays with U-LEAD events.
Check out the Wednesdays with U-LEAD list at https://t.ly/UWEDNESDAY_website
