Maria Dzupyn,
Policy Analyst
Association for Community
Self-organization Assistance
Position of a starosta (village headman) in the legislative field in independent Ukraine is new being introduced in 2015 together with the adoption of the Law “On Voluntary Association of Territorial Communities”.
Therefore, Association for Community Self-Organization Assistance has analyzed regulatory and legal acts regulating the matter of election, powers (rights and obligations) and responsibility of the starosta as an official of local self-government.
Based on the conducted analysis, in order to ensure proper activity of starostas and development of rural territories, we recommend to:
- Regulate the legal status, procedure for election and dismissal of starostas at the legislative level. For the Ministry of Regions of Ukraine together with representatives of local self-governing authorities of united territorial communities, institutes of civil society – develop the draft law “On Starostas” or prepare necessary amendments to the Law “On Local Self-Government in Ukraine”, where to:
– Determine clear criteria according to which a local council of a united territorial community should provide by its decision for villages (settlements) where a starosta should be elected and conditions under which he/she can be elected from two or more settlements;
– Determine the term during which a local council of a united territorial community should appoint first elections of starostas in villages and settlements (which are not an administrative center) included into a united territorial community;
– Secure the starosta’s right to be elected head of a body of self-organization of population (village or settlement committee);
– Determine grounds and procedure for early termination of starosta’s powers.
- For the Verkhovna Rada of Ukraine – adopt amended Law of Ukraine “On Bodies of Self-Organization of Population” (No.2466) clarifying the status of bodies of self-organization of population, improving and facilitating the procedure for their establishment and expanding possibilities of their current activity in the resolution of matters of local importance.
- For the Verkhovna Rada of Ukraine – adopt Law of Ukraine “On General Meetings (Conferences) of Members of Territorial Communities According to the Place of Residence” (No.2467) clearly determining and expanding powers of general meetings, determining principles and procedures for their holding and regulating the procedure for holding conferences. General meeting of the residents of a village or settlement of a united territorial community is the supreme collegial body of their community and form of their direct participation in the resolution of matters of local importance.
- For united territorial communities – introduce practice of common functioning of the starosta, body of self-organization of population (village or settlement committee) and general meeting in a village or settlement following the example of Poland. These institutions should complement each other and aim resolution of matters and problems of rural area and, accordingly, its social, economic and cultural development.
- For councils of united territorial communities:
– Allocate a municipal room where the starosta together with the body of self-organization of population (village or settlement committee) will be able to receive residents, issue certificates, keep documentation and carry out other activity aimed at the exercise of their powers;
– Allocate funds from the local budget, carry out logistical support of the starosta’s activity together with the body of self-organization of population;
– Approve Charter of a united territorial community providing for detailed regulation of all matters related to the establishment and activity of the institute of starostas and bodies of self-organization of population;
– Provide for a list of matters to be considered at a general meeting and approved by the body of self-organization of population (village or settlement committee), for example, on the disposal of land plots, municipal property, etc. in the Charter of a united territorial community or Regulations on the general meeting of citizens.
- For the executive committee – provide for the procedure for starostas’ participation in its work and mechanisms of exercising their rights and obligations in the Regulation.
- For starostas together with bodies of self-organization of population – search for resources (budget, grant, investment) for the needs of the village (settlement), namely, for the construction of a playground, development of an official web-site of the village (settlement), connection to the Internet, transport connection, holding social and cultural events, provision of libraries, etc.
- For the residents of villages and settlements – initiate establishment of village and settlement committees to the council of a united territorial community. Pursuant to the Law “On Bodies of Self-Organization of Population”, only residents are entitled to establish an initiative group on the formation of a body of self-organization of population.
- Specialized central and local public authorities, regional and district councils, public organizations and analytical centers should organize education and explanatory work in united territorial communities and provide analytical and methodological materials and guides, where possible:
– For starostas – on the matters of management, development of the village (settlement), communication and interaction of starostas with local councils of united territorial communities, bodies of self-organization of population, public organizations, residents, etc.;
– For heads and deputies of united territorial communities – on the matters of management, development, attraction of investments into the united territorial community, cooperation of territorial communities, communication and interaction with starostas, bodies of self-organization of population, public organizations, analytical centers, residents, etc.;
– For institutes of civil society, residents of united territorial communities – on the matters of establishment and activity of bodies of self-organization of population (village or settlement committees), holding general meetings (conferences), local initiatives, public hearings, public control, establishment and activity of cooperatives, etc.
- For international and public funds, public organizations, media – organize and conduct competitions to determine the best practices of activity of starostas together with bodies of self-organization of population (village or settlement committees).
- Throughout the year of 2016, starosta (by specialized public authorities, regional and district councils, analytical centers, public organizations) positive and negative practices in the following areas:
– Allocation of funds and resources for organizational support of the activity of starostas, bodies of self-organization of population (village or settlement committees);
– Adoption by councils of united territorial communities of Charters of territorial communities, Regulations on starostas, Regulations of local councils and their executive committees, other local acts concerning starostas, bodies of self-organization of population, public organizations, mechanisms of local democracy, etc.
Such monitoring will enable determination of positive and negative sides of these matters and preparation of recommendations for other territorial communities as the association of territorial communities in Ukraine has just started.
In conclusion, it is worth mentioning the provisions of the European Charter of Local Self-government on the essence of local self-government: “Local self-government means the right and capability of territorial collectives to carry out regulation and management of the essential part of public affairs under their own responsibility and in the interests of local population within the law”.