[ad_1]
The Council of Europe submitted its recommendations to the draft law “On Kiev – the capital of Ukraine”, which shares the powers of the mayor and the head of the State Administration of the city of Kiev. The corresponding conclusion was received by the Committee for the Organization of State Power.
This was reported by the information department of the Verkhovna Rada administration.
In conclusion, the conformity of the text of the law with the European Charter of Local Autonomy and the recommendations of the Committee of Ministers of the Council of Europe was considered.
“This conclusion does not contain a constitutional analysis of the bill, but points to some articles of the Constitution of Ukraine, which may have to be considered in more detail to ensure that the final text complies with the Constitution,” the message says.
The recommendations are
So, the EC recommends that the parliament take into account the following main recommendations:
- clearly and legally establish that the implementation by the Kiev magistrate of decisions made in the exercise of his own powers, provided for by the law of the city government, is not subject to the supervision of the head of the State Administration of the City of Kiev;
- establish a clear legal standard that during the execution of delegated powers, city authorities should be able “at their own discretion, to adapt their activities to conditions”;
- clearly establish that the principle of proportionality / proportionality is a criterion for the implementation of the supervisory function by the head of the Kyiv City State Administration on the implementation of the powers delegated in accordance with this law to the government of the city;
- to provide that all acts adopted by the head of city administration (including orders / instructions) related to city government can be appealed in court.
It is also recommended to remove from the law provisions that are too detailed and unduly restrict the powers of city authorities, including
regulations on the internal structure of the city government, on city deputies
Chapter and chief architect of the city, on the City Hall.
The Council of Europe advises reviewing the provisions that complicate the general legal rules, namely, on inter-municipal cooperation (the procedure to conclude and sign cooperation agreements between territorial communities), on spatial planning (regularity of the modifications of strategic documents for the development of spatial planning of the city of Kiev), etc.
In addition, it is recommended:
- remove the right of the head of the state administration of the city of Kiev to participate and speak at the meetings of the Kiev city council;
- provide effective solutions aimed at eliminating stagnation in spatial planning within the suburban area of Kiev and legal foundations for the creation of specific forms of inter-municipal cooperation;
- Particular attention should be paid to the reform timeline and transition period for the introduction of new governance mechanisms at the city, city district and MDA levels.
Recall that the head of the Verkhovna Rada Dmitry Razumkov considers it unlikely that the bill №2143-3 “On Kiev – the capital of Ukraine” will be approved before the elections on October 25.
As RBC-Ukraine wrote, the bill on the capital was approved by Verkhovna Rada at the first reading in October 2019, then it was supported by 244 parliamentarians.
The parliament also explained what powers the mayor of Kiev will have after the approval of the bill on the capital.
.
[ad_2]