The Law of Ukraine
On Status of Deputies of Local Councils
Date of Entry into Force:
August 2, 2002
The Law of Ukraine “On Status of Deputies of Local Councils” (hereinafter referred to as “the Law”) defines legal status of a deputy of village, settlement, city, district in city, district, oblast council (hereinafter local council) as a representative of interests of territorial community, voters of his/her election constituency and equal member of local council, sets guarantees of deputy activity and procedure for withdrawal of a deputy of local council.
A deputy of village, settlement, city, district in city, district, oblast council (hereinafter deputy of local council) is the representative of interests of territorial community of village, settlement, city or their communities, who according to the Constitution of Ukraine and the Law of Ukraine “On Elections of Deputies of Local Councils and Village, Settlement, City Heads” is elected on the basis of universal, equal and direct franchise by secret ballot for four years.
A deputy of local council is a plenipotentiary and equal member of respective council - representative body of local self-government. A deputy of local council who occupies the post of the head of local body of executive power shall not combine his/her official activity on this post with the post of village, settlement, city head, secretary of village, settlement, city council, head and deputy head of district in city, district, oblast council, as well as with other job on a permanent basis in councils, their executive bodies and staff. A deputy of local council cannot have other representative mandate.
A deputy of local council acquires his/her authorities as a result of his/her election to the respective council. The authorities start from the day of opening the first session of respective council from the moment of official announcement of the election results by the respective territorial election commission and terminate on the day of opening the first session of this council of a new convocation. After a deputy of local council acquires his/her authorities s/he obtains the certificate and the badge.
The Law contains the description of rights and authorities of a deputy of local council.
Authorities of a deputy of local council shall terminate early at presence of the below grounds certified by the official documents without adoption of the decision of respective council in the event of:
1) his withdrawal by the voters according to set by this Law procedure;
2) termination of his/her Ukrainian citizenship or departure for permanent residence abroad;
3) his election or designation for the post, holding of which according to the Constitution of Ukraine and law cannot be combined with fulfillment of deputy authorities;
4) his/her election as a deputy of other local council;
5) his/her recognition as incapable or missing by court;
6) entry into legal force by the accusatory sentence of court according to which s/he is condemned to deprivation of liberty;
7) his/her death.
Authorities of a deputy of local council may be terminated early also by the decision of respective council due to:
1) entry into legal force of the accusatory judgment of court according to which s/he is condemned to the punishment that is not connected with deprivation of liberty;
2) personal application of a deputy of local council for his/her resignation.
A deputy of local council considers citizens' suggestions, applications and complaints addressed to him/her, takes measures for their timely, grounded solution, brings his/her suggestions as regards to their settlement to the local bodies of executive power, enterprises, institutions and organizations, associations of citizens. According to the results of consideration of citizens' applications a deputy of local council may adopt one of the following decisions:
1. Deputy address is a stated in a written form demand of a deputy of local council to the local bodies of executive power, bodies of local self-government and their officials, as well as heads of law enforcement and supervisory bodies, enterprises, institutions and organizations regardless of ownership form to commit some actions, take measures or give official explanation on the issues which refer to their competence. The heads of the above institutions shall in a ten-day term consider the issues initiated by a deputy and reply to him/her, and if additional study or verification is required to reply to him/her not later than in a monthly term.
2. Deputy inquiry is a supported by the council demand of a deputy of local council to the council's officials and its bodies, village, settlement, city head, heads of enterprises, institutions and organizations regardless of ownership form, and of a deputy of city (city of oblast significance) district, oblast council - also to the head of local state administration, his assistants, heads of departments and administrations on the issues referred to the council's competence.
3. Deputy question is a way of obtaining by a deputy of local council of information or clarification on this or that problem. The answer to this question may be announced at the session of council or given to a deputy of local council individually. The question is not included into the agenda of session, is not discussed and decision as regards to it is not adopted.
A deputy of local council shall report about his/her work before the voters of respective election constituency periodically, but not rarer than once a year. During the reports the voters may give commissions to their deputy of local council. The voters' commissions shall be supported by the majority of participants of the meeting.
At the sessions of local council the deputies of local council consider and solve the issues, which are within the competence of respective council, by collective and free discussion. A deputy of local council shall be a member of one of the permanent commissions that are set up by the council.
A deputy of local council shall be present at plenary sessions of the council. In the event of missing by a deputy throughout a year of more than a half of plenary sessions of the council or meetings of the permanent commission in which s/he is a member, the respective council may apply to the voters with the suggestion on withdrawal of such deputy according to set by law procedure.
A part of provisions of the Law is devoted to settlement of the issues connected with social protection of a deputy of local council and setting guarantees of his/her deputy activity.