Presentation Vitalii Bezghin

1. New law
On local public
administrations
Draft law №4298
to its second reading

2. Three areas of action:
Coordination
Supervision
Executive
authority
(prior to Constitution changes)
Law on LPA’s

3. Chairman of the LPA
Appointed by the President
following an open competition
based on the proposal of the
Prime Minister of Ukraine
Approves the structure and
regulations, represents LPA, is
manager of budget funds and issues
binding orders
Is a public
servant
Oblast/rayon council may
express vote of no confidence
to Chairman of LPA
Law on LPA’s

4. Community Councils
Rayon Councils
RPA
OPA
Ministry
designated by
Government
Oblast Coucils
Law on LPA’s

5. What is being supervised ?
acts adopted
outside the
jurisdiction
acts within
the scope of
the powers
delegated by
the State
acts on property
that is allocated
out of competition
acts on
constitutional
human rights
and freedoms
Law on LPA’s

6. Supervision procedure
1
LPA may advise local governments on
compliance with the law (solely at their
own request and without interference in the
decision-making process)
2
Local governments acts are
subject to analysis in the
LPA after their publication
on the official website
3
Chairman of LPA has 30 working days
to respond (or more - at the time of
providing by local authorities with
additional information)
4
In case of violations, the Chairman of
the LPA sends a letter to the local
government with arguments and a
request to bring the act in line with the
Constitution or laws
5
If local government does not
react, Chairman of LPA
appeals to the court to cancel
such local governments act.
This lawsuit is being
processed in the accelerated
procedure
6
If Chairman of LPA considers that local governments
act violates the sovereignty, territorial integrity or
constitutional order, he shall suspend local
governments act, apply to the court and inform the
President, the Government and the National Security
and Defense Council
Law on LPA’s

7. Unification of LPA’s structure
ChairmanofLPA
Independent structural
units of the LPA:
head own legal department Own accounting
Staff of LPA:
Head of
Staff
legal department
unified legal
department
accounting
Unified
accounting
Structural
units of the
staff
Law on LPA’s

8. Professional civil service
Appointment
of LPA’s
Chairman
President on the
proposal of the CMU
Where to get a candidate:
open competition held by the Senior Civil Service
Commission (for the OPA)
talent pool (for the RPA)
rotation (current Chairman from another oblast, rayon - horizontally)
promotion (current Chairman from RPA to OPA - vertically)
recently fired and have more than 4 years of service
Category «А»
of civil service
Law on LPA’s

9. Professional civil service
Talent pool
New
generation of
professionals
Open
competition
Category
«А»
position
Coordinated
by NACS
Between
34-68
people
Commission adds
to the talent pool
President appoints
the LPA Chairman
Competency assessment
Final certification
Special training
Annual training
1
2
3
4
5
6
Law on LPA’s

10. Professional civil service
Dismissal
of LPA’s
Chairman
President
on the CMU proposal
expiration of the term of office
transition to another oblast, rayon –
horizontally and vertically
ex[pressions of no confidence
based on the evaluation of the
activities carried out by the President
disciplinary misconduct
(illegal decision or omission, non-
performance of official duties
on its own initiative
other grounds determined by the law
on civil service
Removal
procedure in
case of
investigation
Replacement
procedure in
case of
disability
Law on LPA’s

11. Time schedule for reforming local public administrations
According to the Draft law №4298
2022 2022
≈ November 2021
ADOPTION OF LAW
Preparation for the reform:
entry into force several
basic articles (legal
status, tasks, principles)
Time for the Government
to adopt bylaws
2021 2022
2 months after
adoption
≈ January 2022
LAUNCHING
THE REFORM
(most articles come
into force)
12 month after entering
into force
≈ December 2022
unification of powers
(their list is defined
exclusively by the
law on LPA’s
≈ August 2022
AMANDAMENTS
TO THE BUDGET
CODE
Unification of LPA’s structure
(liquidation of independent
structural units )
2024
1 January 2024
Entry into force of the Unified
Commission for the selection of
LPA’s Chairman deputies:
regulation development and work
adjustment
(January – June 2024)
conducting the first competitions
(April – June 2024)
1 January 2023
Entry into force of Article 10 of the
law, which regulates the talent pool:
development of bylaws and
preparations (January – May 2023)
conducting the first competitions
(June – October 2023)
conducting training and certification
of the first staff
(November 2023 – June 2024)
2023 2024
1 July 2024
Entry into force of the civil service for
LPA’s Chairman and their deputies:
change appointment and dismissal
procedure
full-fledged work of the Senior
Commission (for Chairman) and the
Unified Commission (for deputies)
strengthening independence
guarantees and disciplinary liability