The Law of Ukraine
On Local State Administrations
Date of Entry into Force:
May 12, 1999
The Law of Ukraine “On Local State Administrations” (hereinafter referred to as “the Law”) defines organization, authorities and the procedure for activity of local state administrations.
The executive power in oblasts, regions, regions of the Autonomous Republic of Crimea, in the cities of Kyiv and Sevastopol is performed by oblast, district, Kyiv and Sevastopol city state administrations. Local state administration is a local body of executive power. Local stare administration performs executive power on the territory of respective administrative territorial unit.
Local state administrations are:
- legal entities;
- have seals with the picture of the State Coat of Arms of Ukraine and their names, accounts in the bank establishments of Ukraine;
- located in oblast and district centers, cities Kyiv and Sevastopol.
The head of the local state administration is designated by the President of Ukraine upon submission of the Cabinet of Ministers of Ukraine for the term of authorities of the President of Ukraine. his authorities include forming of staff and definition of structure of local state administrations.
Local state administrations and their heads while performing their authorities shall be responsible before the President of Ukraine and the Cabinet of Ministers of Ukraine, accountable to and under control of the latter.
The head of the local sate administration within the limits of hi/her authorities issues orders and the heads of administrations, departments and other structural subdivisions - decrees. These normative acts are obligatory for fulfillment on the respective territory by all bodies, enterprises, institutions and organizations, officials and citizens.
The Law defines grounds at presence of which the head of local state administration may terminate his/her authorities pre-term. Among such grounds there are:
- violation of the Constitution of Ukraine and the Laws of Ukraine;
- loss of citizenship, reveal of the fact of double citizenship;
- recognition as incapable by court;
- departure for residence to another country;
- other cases.
The head of local state administration has deputies who perform duties defined by the heads of respective state administrations and bear personal responsibility for the state of affairs on the sector of work entrusted with them.
The officials in the local state administration shall not be the citizens of Ukraine who:
- are people's deputies of Ukraine;
- have other representative mandate;
- combine official activity with other activity, including on a voluntary basis, except for teaching, scientific and creative activity in spare time;
- belong to management body or supervision council of an enterprise or other organization that aims at profit receipt;
- have previous convictions for commitment of deliberate crime, if the convictions are not pent or not cancelled according to set by law procedure.
Local state administrations exercise authorities defined by norms of this Law and those that will be delegated to them by the respective councils. The Cabinet of Minister of Ukraine may transfer to the local state administrations separate authorities of bodies of executive power of a higher level.
The respective local state administrations manage the objects of state property, transferred to them according to the set by law procedure. They shall not use the object in their management as a mortgage or other types of guaranteeing, as well as perform transactions on concession of demand, debt transfer, acceptance of debt transfer, gift and donation.
The Law contains the provisions that define the authorities of local state administrations in the field of:
- social and economic development of territory;
- budget and finance;
- property management, privatization and entrepreneurship;
- city planning, housing and communal economy, everyday, trade service, transport and communication;
- use and protections of lands, natural resources and environmental protection;
- science, education, healthcare, culture, physical education and sport, maternity and childhood, family and youth;
- social provision and social protection of population;
- employment of population, work and salary;
- ensuring legality, law and order, citizens' rights and freedoms;
- international and foreign economic relations;
- defense work.
The Law covers relations of local state administrations with:
- the President of Ukraine and the Cabinet of Ministers of Ukraine;
- ministries and other central bodies of executive power;
- other bodies of state power;
- oblast and district councils;
- bodies of local self-government of territorial communities and their officials;
- enterprises, institutions and organizations;
- citizens and associations of citizens.
Financial provision of local state administrations is performed at the expense of the State Budget of Ukraine. The state property is secured to the local state administrations on the right of management in order to ensure their activity and activity of their structural subdivisions. Officials of local state administrations are public servants.
Material damage caused by illegal decision of heads of local state administrations, orders of the heads of administrations, departments, other structural subdivisions of local state administrations, actions or inactivity of officials of local state administrations while exercising their authorities shall be compensated at the expense of state.