Oleksandra Kalashnikova, Policy Analyst of Association for Community Self-organization Assistance
The structure of management of a united community offered by the Мinistry for Regional Development, Building and Housing of Ukraine is built quite efficiently:
- Decision-making centers – local head, council and executive committee – are located in a community around which the association took place.
- Communities where local self-governing authorities are liquidated elect a monitor – representative of their interests. Centers of administrative services are established everywhere to improve quality and availability of the provision of administrative services to citizens. Own district inspector ensures protection of public order in each village and settlement.
But are these institutions sufficient for high-quality and adequate representation of interests of small communities joining a large center? In our opinion, this structure needs an addition.
Bodies of self-organization of population (BSOP) should be established in communities where a local council is liquidated in order to help monitors of these communities to represent interests of their residents.
BSOP can and must become an important element of the system of managing a united territorial community and complement the system of representation of interests of small communities.
Since this system of representation in the reformed community is not complete, it is urgent to establish efficient cooperation of all public subjects representing interests of small communities – monitors, BSOP and local deputies elected from these communities.
In this structure, BSOP play a role of not only a representative body, but also an institute of civil society, form of democracy of participation.
In order to ensure such cooperation, local councils of united communities are offered to:
Promote establishment of village and settlement BSOP both with and without the status of a legal entity within the territory of settlements where a council was liquidated at the association. BSOP can be also established in settlements which were a part of united communities established according to Part 2 of Art. 6 of the Law of Ukraine “On Local Self-Government in Ukraine” prior to this reform.
Practice the provision of BSOP established within the territory of a village or settlement where a council was liquidated with additional delegated powers and, correspondingly, additional resources to exercise these powers and solve problems of its community. Such right of a local council is recorded in Art. 15 of the Law of Ukraine “On Bodies of Self-Organization of Population”.
Establish efficient cooperation of monitors and BSOP as components of the system of representation of interests of communities in the system of local self-government. This model of interaction can be recorded in the Charter of a territorial community, Regulations on the monitor (to be approved by a local council) and Regulations on the body of self-organization of population (by BSOP itself, upon recommendation of a local council or its executive committee as an option).
At the level of public authorities it is reasonable:
For the Verkhovna Rada of Ukraine – to approve draft law “On Bodies of Self-Organization of Population” (No. 2466) as amended and “On General Meetings (Conferences) of Members of a Territorial Community According to the Place of Residence” (No. 2467).
For the Ministry of Regions of Ukraine – to include BSOP into the structure of managing a united territorial community and spread information on the advantages of such model; to recommend local self-governing authorities to establish BSOP in communities where there is no local council.
At the level of local councils of united territorial communities:
Establishment of BSOP shall be promoted in small communities joined to the “center” to create necessary conditions for representation and protection of interests.
Regulations on the monitor should include detailed information on the mechanisms of interaction of monitors and BSOP. Such mechanisms should be based on the principles of mutual assistance in common activity aimed at better life of the community.
Regulations of the executive committee of councils should include standard on the compulsory approval by the monitor of draft decisions on the matters important for the community.
BSOP established within communities without a council should include detailed information on the mechanisms of interaction with the monitors of these groups into their own Regulations. BSOP with the status of a legal entity should enter into interaction and cooperation agreements with monitors and deputies elected from the community.20