Рус Укр Eng
— Развернуть навигацию —

Draft Law of Ukraine “On Amendments to the Law of Ukraine “On the Special Procedure for Local Self-Governance in Certain Areas of Donetsk and Luhansk Regions”

Law of Ukraine

 

On Amendments to the Law of Ukraine “On the Special Procedure for Local Self-Governance in Certain Areas of Donetsk and Luhansk Regions”

 

The Verkhovna Rada of Ukraine resolves:

 

To amend the Law of Ukraine “On the Special Procedure for Local Self-Governance in Certain Areas of Donetsk and Luhansk Regions” (Vidomosti Verkhovnoi Rady Ukrainy, 2014, № 45, Art. 2043,2017, № 40 - 41, Art. 384) as follows:

1) the Preamble to read:

"Exclusively in accordance with this Law, a special procedure for local self-governance is determined in certain areas of Donetsk and Luhansk regions in order to create conditions for normalization of the situation at an early date, restoration of law and order, constitutional rights and freedoms of citizens, as well as rights and legitimate interests of legal entities, creation of conditions to return citizens to the forcibly abandoned places of permanent residence, their reintegration, as well as for the resumption of life in settlements in Donetsk and Luhansk regions and the development of territories."

2) the Article 1 to read:

"Article 1. According to this Law, a special procedure of local self-governance is introduced in certain areas of Donetsk and Luhansk regions to include districts, cities, towns, villages determined by the decision of the Verkhovna Rada of Ukraine (hereinafter – certain areas of Donetsk and Luhansk regions)."

3) the Article 2 to read:

"Article 2. The legislation of Ukraine in certain areas of Donetsk and Luhansk regions operates taking into account the features defined by this Law."

4) In the Article 10:

the paragraph 1 to read:

“1. This Law shall enter into force at 20.00 (local time) on the date of voting in local elections in certain areas of Donetsk and Luhansk regions to be appointed and conducted in accordance with the Constitution of Ukraine and a special law of Ukraine regulating special (early) local elections in the above areas. It will operate on a provisional basis until the date of publication of the Final Report of the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE / ODIHR) on election observation in accordance with the practice established by OSCE / ODIHR on the general compliance of special (early) local elections with OSCE standards and international standards for democratic elections, as well as Ukrainian legislation to answer a question agreed in the Normandy format, approved by the Trilateral Contact Group and addressed by Ukraine in its invitation letter and OSCE Chairmanship to the ODIHR Director.

This Law shall remain in force on a permanent basis if the OSCE / ODIHR Final Report concludes, in accordance with established OSCE / ODIHR practice, that the special (early) local elections in certain areas of Donetsk and Luhansk regions had been generally conducted in accordance with OSCE standards and Ukrainian law, in response to the question agreed in the Normandy format agreed in the Normandy format, approved by the Trilateral Contact Group and addressed by Ukraine in its invitation letter and OSCE Chairmanship to the ODIHR Director.";

the paragraph 2 to read:

“2.  The Cabinet of Ministers of Ukraine, within its powers, shall take urgent measures to ensure the financing of special (early) elections at the expense of the reserve fund of the State Budget of Ukraine.”;

the paragraph 4 shall be deleted.

the paragraph 5 to read:

“5. The special procedure of activities of local self-government bodies provided for by this Law in certain areas of Donetsk and Luhansk regions shall be implemented exclusively by local self-government bodies elected in the special (early) elections appointed and held in accordance with the Constitution of Ukraine and a special Law of Ukraine regulating special (early) local elections in the above-mentioned areas, this and other laws of Ukraine”.

This Law shall enter into force on the date of its publication.

 

Chairman of the Verkhovna Rada of Ukraine

 

COMPARATIVE TABLE

on Draft Law of Ukraine “On Amendments to the Law of Ukraine “On the Special Procedure for Local Self-Governance in Certain Areas of Donetsk and Luhansk Regions”

According to the current legislation

According the proposed amendments

This Law establishes a temporary procedure for organizing local self-governance, activities of local self-government bodies in certain ares of Donetsk and Luhansk regions in order to create conditions for normalization of the situation, restoration of law and order, constitutional rights and freedoms, as well as rights and legitimate interests of legal entities, return of residents to forcibly abandoned places of permanent residence, their reintegration, as well as for the resumption of life in localities of Donetsk and Luhansk regions and development of territories.

 

Exclusively in accordance with this Law, a special procedure for local self-governance is established in certain areas of Donetsk and Luhansk regions in order to create conditions for normalization of the situation, restoration of law and order, constitutional rights and freedoms, as well as rights and legitimate interests of legal entities, return of residents to forcibly abandoned places of permanent residence, their reintegration, as well as for the resumption of life in localities of Donetsk and Luhansk regions and development of territories.

Article 1. According to this Law, from the date of its entry into force, taking into account the provisions of the Law of Ukraine “On creating the necessary conditions for peaceful settlement of the situation in certain areas of Donetsk and Lugansk regions” for a period of up to 31 December 2019 inclusive, a special procedure of local self-governance in certain areas of Donetsk and Lugansk regions, which include districts, cities, towns, villages, determined by the decision of the Verkhovna Rada of Ukraine (hereinafter – certain areas of Donetsk and Lugansk regions) is istroduced.

 

Article 1. According to this Law, a special procedure of local self-governance is introduced in certain areas of Donetsk and Lugansk regions, which include districts, cities, towns, villages determined by the decision of the Verkhovna Rada of Ukraine (hereinafter – certain areas of Donetsk and Lugansk regions).    

Article 2. The legislation of Ukraine in certain areas of Donetsk and Lugansk regions for the term of validity of the special procedure of local self-governance operates taking into account the specifics defined by this Law.

Article 2. The legislation of Ukraine in certain areas of Donetsk and Lugansk regions operates taking into account the specifics defined by this Law.

Article 10. Final provisions

 

1. This Law shall enter into force on the day of its publication.

 

2. In accordance with paragraph 30 of the first part of Article 85 of the Constitution of Ukraine to call early (extraordinary) elections of members of district, city, district in cities, towns, village councils, village, town, city mayors in certain areas of Donetsk and Lugansk regions on Sunday, December 7, 2014.

 

The Cabinet of Ministers of Ukraine shall, within the scope of its powers, take urgent measures to ensure the financing of the early (extraordinary) elections appointed in the first paragraph of this item at the expense of the reserve fund of the State Budget of Ukraine.

 

3. The Cabinet of Ministers of Ukraine shall immediately, with the participation of local self-government bodies of certain areas of Donetsk and Lugansk regions, prepare and submit to the Verkhovna Rada of Ukraine draft laws and ensure the adoption of bylaws arising from this Law.

 

4. Articles 2-9 of this Law shall apply from the date of taking office by local self-government bodies in certain areas of Donetsk and Luganskregions, elected at early (extraordinary) elections held in accordance with the Constitution of Ukraine, this and other laws of Ukraine, with due account of basic principles of general, equal, free and  transparent elections, as well as publicity and openness of the electoral process established by the Constitution of Ukraine and international treaties of Ukraine, which establish universally recognized international human rights standards and are part of Ukrainian national legislation, including mandatory OSCE standards on democratic elections, ensuring:

 

participation in the observation of elections of international impartial observers, in particular from the OSCE Office for Democratic Institutions and Human Rights, the Congress of Local and Regional Authorities of the Council of Europe, other international organizations and foreign states, as well as other official observers;

 

safe working conditions and unhindered participation of official observers in the election process;

 

withdrawal of all illegal armed groups, their military equipment, as well as militants and mercenaries from the territory of Ukraine;

 

prevention of illegal interference in the electoral process, including by illegal armed groups;

 

adherence to the principles of political pluralism and multipartism, equality of rights and opportunities to participate in the electoral process;

 

freedom of election campaigning, equal opportunities for access to the media and the restoration of Ukrainian television and radio broadcasting for this purpose, the circulation of Ukrainian print media throughout the Donetsk and Lugansk regions;

 

observance of guarantees of free will and secret ballot, suffrage rights of internally displaced persons who were forced to leave their places of residence in certain areas of Donetsk and Lugansk regions;

 

transparent count of votes, exposure of voting results and results of local elections.

 

5. The special procedure of activity of local self-government bodies in certain areas of Donetsk and Lugansk regions provided by this Law shall be implemented exclusively by local self-government bodies elected at early (extraordinary) elections appointed and held in accordance with the Constitution of Ukraine, this and other laws of Ukraine.

Article 10. Final provisions

 

1. This Law shall enter into force at 20.00 local time on the day of voting in local elections in certain areas of Donetsk and Lugansk regions, which are appointed and conducted in accordance with the Constitution of Ukraine and a special law of Ukraine regulating early (extraordinary) local elections in the above areas. It will operate on a provisional basis until the date of publication of the final report of the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE / ODIHR) on election observation in accordance with OSCE / ODIHR principles for general compliance of early (extraordinary) local elections to OSCE standards and international standards for democratic elections, as well as to Ukrainian legislation answering a question agreed in the “Normandy format”, approved by the Trilateral Contact Group and addressed to Ukraine in its invitation letter and OSCE Chairmanship to the ODIHR Director.

 

This Law shall remain in force on a permanent basis if the OSCE / ODIHR Final Report concludes, in accordance with established OSCE / ODIHR practice, that early (extraordinary) local elections in certain areas of Donetsk and Lugansk regions were generally conducted in accordance with OSCE standards and Ukrainian law in response to a question agreed in the “Normandy format” approved by the Trilateral Contact Group and addressed to Ukraine in its invitation letter and the OSCE Chairmanship to the ODIHR Director.

 

 

 

2. The Cabinet of Ministers of Ukraine, within the scope of its powers, shall take urgent measures to ensure the financing of early (extraordinary) elections at the expense of the reserve fund of the State Budget of Ukraine.

 

 

 

Delete item 4.

 

 

 

 

 

 

5. The special procedure of activity of local self-government bodies in certain areas of Donetsk and Lugansk regions provided for by this Law is implemented exclusively by local self-government bodies elected at early (extraordinary) elections appointed and held in accordance with the Constitution of Ukraine and special Law of Ukraine regulating early (extraordinary) local elections in the above areas, this and other laws of Ukraine.

 

×
Присоединиться