The Verkhovna Rada of Ukraine has received the Ukrainian Constitutional
Court's conclusion on the compliance of the draft law on amendments to the
Constitution in terms of decentralization of power with Articles 157 and 158 of
the fundamental law, spokesman for the parliamentary chairman, Dmytro
Stoliarchuk, has said.
"The conclusion of the Constitutional Court has arrived at the
Verkhovna Rada," Stoliarchuk told Interfax-Ukraine, adding that its text
will be handed over to MPs soon.
As reported, on July 30 Ukraine's Constitutional Court confirmed that a
proposed bill on decentralizing power in the country meets the requirements of
Articles 157 and 158 of the Ukrainian Constitution.
"A systemic analysis of the bill drives to the conclusions…that the
offered amendments don't foresee cancelation or restriction of rights of a
person or a citizen…The Constitutional Court makes this conclusion: 1) to
accept a draft on amendments to the Constitution of Ukraine on the
decentralization of power (No. 2217-a), which amends items 29, 30, Part 1 of
Article 85; item 16 of Part 1 Article 92; and item 1 of Article 106, Articles
118, 119; item 5 of Article 121; Articles 132, 133, 140, 141, 142, 143, 144;
Part 1 of Article 150; sections IX and section XV 'Transitional Provisions',
which meet the requirements of Articles 157 and 158 of the Constitution of
Ukraine," Constitutional Court judge Vasyl Bryntsev said.
He said that the bill isn't aimed at "the liquidation of the
independence or violation of Ukraine's territorial integrity."
"The decision of the Constitution Court is final and isn't subject
to an appeal," said.
Bryntsev stressed that the conclusions were signed by every judge of the
court, however some judges expressed dissenting opinions.
As reported, on July 17 the Constitutional Court received a
constitutional petition from the Verkhovna Rada seeking conclusions on the
accordance of the bill to amend the Ukrainian Constitution on
de-centralization. A panel of judges launched proceedings in response to this
request on July 22, and the court began hearing this case in written form on
July 27.
Under the Verkhovna Rada's regulations, the Constitutional Court's
conclusion should be immediately forwarded to parliamentarians and the
country's president. At the same time, the bill needs to receive the votes of
226 MPs at first reading, and the votes of at least 300 MPs at the next
session, leading to the adoption of the constitutional amendments.
The bill proposes introducing a new administrative-territorial system in
Ukraine - 'hromadas', districts, which will consist of several 'hromadas', and
regions.
Local self-governance will be conducted by the councils of 'hromadas',
districts and regions, as well as the executive bodies (executive committees in
the districts and regions). The 'hromada' head will be elected through direct
general elections, while the heads of district and regional councils will be
elected among the lawmakers of the appropriate council.
The document also proposes reducing the term in office of the local
councils' members and the 'hromada' heads from five to four years.
Under Ukraine's current constitution, executive power, in other words,
state control and oversight in the regions, is exercised by state-appointed
district and regional administrations, which simultaneously fulfill the
functions of the executive committees of the district and regional councils.
According to the proposed bill, executive power in the districts and
regions will be exercised by prefects who will be appointed and dismissed by
the president at the cabinet's request.
At the same time, in line with the transitional principles, the
executive committees of the district and regional councils will be formed after
the next local elections, due to take place in October 2017, after which the
president will have to appoint the first prefects. The district and regional
administrations will continue to function until then.
The transitional principles also stipulate that "a separate law
will regulate the specifics of local self-governance in individual districts of
Donetsk and Luhansk regions."
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