You're reading: Constitutional Court fully approves power decentralization bill (UPDATED)

Ukraine's Constitutional Court has confirmed that a proposed bill decentralizing power in the country fulfills the requirements of Articles 157 and 158 of the Ukrainian Constitution.

The court came to such a conclusion on this matter on July 30 and announced it at its session on July 31.

“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.

It was reported that on July 17 the Constitutional Court received a constitutional petition from the Verkhovna Rada seeking conclusion 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 in the 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 oblasts.

Local self-governance will be conducted by the councils of ‘hromadas’, districts and oblasts, as well as the executive bodies (executive committees in the districts and oblasts). 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 oblasts, is exercised by the 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 oblasts will be exercised by the 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 oblasts.”