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Settlement of supervision over the legality of local government decisions: The Council adopted the draft law as a basis

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The Verkhovna Rada has adopted as a basis a draft law that should regulate the supervision of the legality of decisions of local self-government bodies by creating a Unified State Register of Acts of Local Self-Government, which will include information on all acts adopted by local self-government bodies and officials. This is reported by UNN with reference to MP Yaroslav Zheleznyak and draft law card №13150.

Details

№13150 – adding supervisory functions, creating a register of acts of local self-government. For the basis - 228

 - Zheleznyak said.

According to the draft law, it is planned to create a Unified State Register of Acts of Local Self-Government - a state information and communication system designed to collect, accumulate, process and store acts of local self-government bodies and officials, created to ensure supervision of legality.

The holder of the register will be the Ministry of Community Development and Territories of Ukraine.

The register consists of two independent subsystems: an open information subsystem; a limited access information subsystem. The register will include information on all acts adopted by local self-government bodies and officials.

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The creator and registrar of the register of acts is an authorized person of the relevant local self-government body, who, within 3 working days from the date of adoption of the relevant decisions by local authorities, will enter the following information into it:

  • name of the local self-government body (surname, first name, patronymic (if any) and position of the official of the local self-government body) that adopted (issued) the act;
    • date and number of the act;
      • name of the act;
        • text of the act;
          • information on the publication of the act and the date of its entry into force.

            Information from the register will be open and subject to publication on the website of the Ministry of Community Development and Territories.

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            The draft law also proposes to create a system and mechanism for ensuring the legality of acts of local self-government bodies and officials, to consolidate the powers of state authorities and local self-government bodies in ensuring legality, namely, to establish that the body for ensuring the legality of acts of regional councils is the Cabinet of Ministers or a central executive body defined by it.

            Such bodies will ensure the legality of acts of local self-government bodies and officials by:

            • preventing violations of legality in the activities of local self-government bodies and officials;
              • state control over acts of local self-government bodies and officials.

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                State control over acts of local self-government bodies and officials is carried out in relation to:

                • normative legal acts of local self-government bodies and officials;
                  • individual acts adopted by local self-government bodies and officials on the alienation of objects of civil rights of the territorial community or joint property of the territorial communities of the relevant district, region, if such alienation is carried out without the use of public competitive procedures provided for by law;
                    • individual acts that contain signs of the adoption by a local self-government body or official of a decision not on the basis, not within the powers or not in the manner prescribed by the Constitution and laws of Ukraine.

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