Chernihiv: the Prime Minister was supported by the AGU regarding the draft law on the supervision of local authorities
12 July hosted a meeting of the Cabinet of Ministers of Ukraine. Thanks to the principled position of Prime Minister of Ukraine Vladimir Groisman, was removed from consideration a draft law of Ukraine "On amendments to some legislative acts of Ukraine on implementation of state control over the compliance of decisions of bodies of local self-government with the Constitution and laws of Ukraine." The document was developed by Ministry of regional development. "Due to the fact that the Association of towns has asked for additional improvements, we decided this bill does not consider," – said Vladimir Groisman. Prime Minister of Ukraine noted: "There is order the bill to be reworked by the Ministry jointly with the Association and to agree. I want you to understand – the Law "On associations of local authorities" work. We understand the needs of local authorities, we always listen to their suggestions". The Association of cities of Ukraine made the following remarks to the bill: 1. Duplication of administrative functions of local state administrations (MDA) and local governments (LGUs) will generate unfair competition on the part of the MDA through monitoring role. Change the legal nature of the HMM is not possible without amendments to the Constitution of Ukraine. The granting of such power is possible only in a specialized professional public authority (the prefect). The introduction of such a bill is a signal about the refusal of the constitutional amendments on local self-government while strengthening the pressure on him. A particular problem in the bill is laid concerning the supervision of district and regional councils, in which the MLA Executive. Thus, it is proposed that decisions of the district councils on the matter of legality to assess the regional state administration and the decisions of the regional and Kyiv city Council will evaluate specific Central body of Executive power. 2. The creation of organizational and procedural conditions for unprofessional supervision and illegal pressure on the local authorities. The bill does not have the conditions under which the HGA will be able to form a unit for high-quality implementation of such a large amount of power. There is a possibility of illegal pressure through alavanja implementation of solutions for the period of consideration of the issue of MDA (30 days or more), and to the duration of the proceedings. So, according to the bill, officials of the MDA are not responsible for the suspension of decisions of the OMC, which in court will be recognized as lawful. 3. The inconsistency of the European Charter of local self-government and legal vagueness. Supervision should periglaciation controlling organosilicones that it intends to protect. The bill puts in the same number of violations of the law and involves only one step – stop with the appeal to the court. Have redundant areas and depth of supervision, inadequate measures of exposure. Does not distinguish between supervision of own and delegated powers. It is possible that the WGA to suspend decisions of local councils on voluntary Association of territorial communities. In addition, MDA will be able to stop the decision is representative and Executive bodies of local self-government on any issues. For example, the decision of a separate division of the local Council regarding appointments can be stopped MDA. 4. Supervision needs to focus on preventing violations in the early stages, rather than on their elimination. The European practice shows that the warden should be involved in the process of discussion and adoption of draft decisions. Stop going to court is a last resort, when persuasion does not work. 5. Duplication of Supervisory authority MDA with the Supervisory authority other government authorities. In various fields of OMS there is no direct or indirect supervision (control) of other state bodies and other mechanisms of containment of OMS from violations (openness, competitions, the right of interested persons to appeal to court, etc.). Bill, this question is not taken into account. Comments on the draft law also has the Secretariat of the Cabinet of Ministers. In particular, according to officials, the bill to existing corruption risks of local public administration on insubstantial of blocking the work of local government. The bill contradicts the principles of local self-government and will not be able to provide adequate and effective supervision. It indicates distrust of the state to local government. They also factored in the mechanisms of illegal pressure on local government. "We have reason to see this as an attempt to provide local public administrations with a tool to influence the independent bodies of local self-government, up to block their work", – said after the Cabinet meeting, the Executive Director of the Association of Ukrainian cities Oleksandr Slobozhan. Therefore, the AMU has offered to return the bill to the Ministry of regional development on completion together with all-Ukrainian associations of local self-government for discussion. See also: ASU made comments to the bill on public control over the decisions of local authorities According to the website of the Association of cities of Ukraine.Ïåðåâåäåíî ñåðâèñîì "ßíäåêñ.Ïåðåâîä÷èê": translate.yandex.ru.
Source: http://uzinform.com.ua/
