Official websites of local self-government bodies or their social media pages often feature messages such as: “Announcement of public hearings (discussions)”. One way or another, two different tools of communication between the authorities and the public are being combined.
The problem is that this combination only complicates the work of local self-government bodies and misleads residents in understanding their influence on the decision-making processes of authorities.
In this article, we will examine the differences between these tools and the situations in which they should be used.
Public hearings are one of the formats of participation of the municipality in resolving issues of local importance, which has been provided for in the Law of Ukraine “On Local Self-Government in Ukraine” (hereinafter referred to as the Law) since its adoption in 1997.
Article 13 of the Law states that “residents are entitled to hold public hearings by meeting with members of the village, settlement, city council and local self-government officials to discuss issues, listen to the above persons, put forward questions and make proposals for resolving issues of local importance”. Although the new version of the Law has significantly expanded the list of persons authorised to convene public hearings, they remain, by their very nature, the right vested in the residents of the municipality. This is the first feature of this tool.
Another important aspect of public hearings is their role. The Law stipulates that proposals regarding resolving issues of local importance, submitted following public hearings, are subject to mandatory consideration and further adoption of a proper decision by local self-government bodies and officials. Moreover, the Law sets forth deadlines for consideration and decision-making; requirements for the participation of representatives of persons who have convened public hearings in the consideration of proposals; requirements for the publication of a decision indicating the justification for accepting of the proposal or a reasoned refusal thereof.
The third feature that has been introduced thanks to legislative changes regarding governance at the local self-government level is that a clear list of matters for which public hearings by local self-government bodies are mandatory has been defined. These include the adoption or amendment of the charter of a municipality, consideration of draft policy documents and the draft budget of the local self-government body. However, this list is not exhaustive, as the legislation or charter of a municipality may also provide for other mandatory matters. For instance, public hearings are a mandatory stage in the development of draft urban planning documentation at the local level.
That is, public hearings are a fairly effective tool for the public to influence decisions of local self-government. This is where residents can identify issues that government officials should respond to and subsequently make decisions on.
Public discussions (citizens’ assemblies) are a form of public consultations, which involves organising and holding offline or online public events. This is stipulated in Resolution of the Cabinet of Ministers of Ukraine No. 996 dated 3 November 2010, “On Ensuring Public Participation in the Development and Implementation of State Policy” (hereinafter referred to as the Resolution).
This Resolution states that public consultations are organised and held by an executive body. Since the Resolution is also a recommendation for local self-government bodies, it is up to them to arrange public discussions in their municipalities. Although civil society institutions can initiate public consultations (including public discussions), they can only do so by submitting relevant proposals. Individual citizens are not entitled to this right.
The Resolution also contains other provisions on the procedure for hosting public discussions, including the requirements for the content of the announcement and the report on the outcome of the discussions. It also lists the issues on which draft regulatory acts require discussion. The results of public consultations, including discussions, are taken into account by the government body when making a final decision or in its further work.
As such, public discussions are one of the tools for gathering suggestions and feedback from stakeholders and are intended to ascertain the public’s assessment of the effectiveness of the solution proposed by the authorities. That is, residents in this case merely respond to what the authorities ask them.
The Law of Ukraine “On Public Consultations”, which will not enter into force until 12 months after Ukraine terminates or lifts martial law, further details but does not fundamentally change the approaches to the public discussion tool. These discussions are a type of public consultations. Therefore, public consultations may be conducted by local self-government bodies, but not by residents of the municipality.
However, until the Law of Ukraine “On Public Consultations” comes into force, the procedure for conducting public consultations by local self-government bodies is determined by the decisions of the councils. So these bodies can independently decide how this tool will be used in their municipality. However, it seems quite logical to develop this procedure with due regard to the above law.
Note that local self-government bodies should implement this as soon as possible, as other laws also require public consultations. By way of an example, public discussions are required for the reorganisation, change of type or liquidation of a general secondary education institution in rural areas.
To summarise:
- Public hearings and public discussions are different formats of public participation, and thus should not be combined. That is why local self-government bodies should develop separate decisions on the procedure for conducting each.
- Residents are entitled to initiate and conduct public hearings, while public discussions cannot be held without the decision of a government body.
- Through public hearings, residents are entitled to determine the topics or matters of their concern, whereas in the course of public discussions, residents merely respond to questions posed by the authorities.
- Consideration of proposals submitted following public hearings requires greater involvement of residents who have convened the meeting compared to proposals following public discussions.
- Based on the results of consideration of proposals submitted following public hearings, local self-government bodies are expected to adopt proper decisions. In contrast, this obligation does not exist when considering the results of public discussions.
This comparison is not meant to imply that any of the above tools of communication between authorities and residents is better or worse. They are simply different, both in nature and purpose. Understanding these differences can help local self-government use both more effectively.
Want to learn more about public participation tools and their practical application? Take an online course on the U-LEARN platform: “Formats of Municipal Participation in Resolving Issues of Local Importance: Top 7 Basic Forms of Participation”. ulearn.org.ua → Online Courses → choose a course and study in a format that works for you.
Mykhailo Shelep, an Adviser on Decentralisation and Local Self-Government at the Regional Office of U-LEAD with Europe in Rivne Oblast
