Policy6 by samoorg

POLICY BRIEF

ANALYSTS OF ALL-UKRAINIAN NGO «ASSOCIATION FOR COMMUNITY SELF-ORGANIZATION ASSISTANCE»

PERIPHERAL TERRITORIES OF THE AMALGAMATED COMMUNITIES: INTERESTS AND RIGHTS PROTECTION MECHANISMS (BY THE EXAMPLE OF THE SOUTH OF UKRAINE) In the amalgamated territorial communities there are conflict situations between the remote populations and center. The conflicts arise because of interests of remote villages in case of financing road construction, water drainage, water supply system projects etc. Local deputies and headmen shall protect rights of peripheral communities in the Council of the amalgamated territorial communities. Also inhabitants shall immediately take part in the process of decisions making by means of establishing population self-organization entity and other forms of participation of community – public hearings, general meetings (conferences), local initiatives etc. The analytical note describes problems of representation of the interests of peripheral communities in the amalgamated territorial communities through the institute of headmen, local deputies, and forms of immediate participation. Analysis of 10 amalgamated territorial communities of the South of Ukraine concerning the availability of protection mechanisms and implementation of interests of peripheral communities showed the peculiar features and problems as follows. 1.

In matters of representation through the deputies of local councils:

If in the village and town councils the representation of interests of populated localities is provided through the use of the majority election system of the simple majority at this level, then in city communities, which are elected on a pro rata basis, there is always a risk of deviation from the representation because of existing election system. Moreover, depending on the environment this deviation can be both towards the center of communities and towards the periphery, although the center in this sense possesses more potential

In the asymmetric communities with hegemony of one populated locality there is a risk, that deputies, elected from the periphery, cannot represent interests of their voters in a proper manner, because they will have no impact on the agenda and voting in the council. Thus, in such communities there is a need to introduce additional protection mechanisms of interests in the periphery

2. In matters of institute of headmen functioning in the South of Ukraine: ±

Providing a legislative framework for the regulation concerning headmen election financing (except for regular election) at the expense of local budget allows some councils of the amalgamated territorial communities not to hold elections of headmen, giving reasons for such a decision, that they have no funds in the local budget. In this case the obligations of headmen are performed by previous local heads of the communities or anyone else. However, in cases, when acting headman voluntarily retires from responsibility, that happened to Kochubeivska amalgamated territorial community, the head and local council at their discretion make decisions related to the representation of interest of peripheral communities.

Under the conditions, when a legislator does not bound local authorities to call an election of headmen (paragraph 1 of Article 14 of the Law on Local Government), in every community a model and, correspondingly, efficiency of the representation can be different;

In every peripheral community there is a possibility of headmen coalition occurrence in the amalgamated territorial communities, consisting of a great number of communities, in case of electing headmen. Thus, in Baltska amalgamated territorial community, consisting of 16 communities, there is a headman in every community. Accordingly, there are 16 representatives of the peripheral communities in the executive committee according to positions, that in the future will allow them providing a certain balance, when protecting interests of central and peripheral communities;

In the situations with the asymmetric communities, where 2-3 communities join the central one, the influence of one or two headmen on the decisions making is complicated. In such cases, it is important to fix in the Regulation a system of local checks and balances, that will allow blocking decisions of the council, conflicting with the interests of their communities. In this connection, can mention the provision in the Regulation on Headman of Baltska amalgamated territorial community, that provides a headman with a right to adjust draft decisions related to the property of Baltska amalgamated territorial community, located in the territory of the relevant populated locality (village, town) of Baltska amalgamated territorial community;

Âą

Only one Baltska amalgamated territorial community of the South of Ukraine (Baltska) developed and downloaded on the Web site the Regulation on Headman, namely, a basic document, regulating the work of headmen, their rights and obligations, powers in the amalgamated territorial community. Rights and obligations of headmen mentioned in the Regulation allow a headman efficient representation of peripheral communities of Baltska amalgamated territorial community

3. In matters of informational support of the amalgamated territorial communities' activity: Insufficient informational support of activity of local councils of the amalgamated territorial communities complicates access of inhabitants, including peripheral communities, to the information related to the activity of councils. Among 10 amalgamated territorial communities of the South of Ukraine only a half of them has own official Web sites. However, information content and data update on the existing sites require improvement. We can take a favorable view of functioning Web sites of Biliaivska and Baltska amalgamated territorial communities, where we can see decisions of the council, advertisements, and useful information. 4. In matters of immediate information of inhabitants of peripheral communities in decision-making processes: The practice of consultations with the inhabitants of the amalgamated territorial communities, including peripheral communities, by means of immediate participation, is not widespread. Only in 3 of 10 amalgamated territorial communities, (Biliaivska, Baltska, Kutsurubska) we found information on the Web sites related to the public consultations concerning the local development. Only 2 Web sites (Kutsurubska, Kochubeivska) have information on availability of the Articles of Association of the amalgamated territorial communities.

RECOMMENDATIONS Verkhovna Rada of Ukraine shall: Âą

At the legislative level regulate a legal status, election procedure, and revocation of authority of headmen. The Ministry of Regional Development of Ukraine together with the representatives of local authorities of the amalgamated territorial communities, institutes of civil society, shall develop a draft Law on Headmen, or prepare required amendments to the Law on Local Government in Ukraine, where:

To define clear criteria, according to which local council of the amalgamated territorial communities has to foresee by its decision, in what villages (towns) a headman shall be elected and on what conditions they can be elected to represent two or more populated localities

Define a term, during which local authority of the amalgamated territorial communities has to call first election of headmen in villages, towns (which are not administrative centers), being members of the amalgamated territorial community

fix a right of headman to be elected as a head of population self-organization entity (village, town committee); define reasons and procedure of early termination of the powers of headman

The Amalgamated Territorial Communities of the South of Ukraine shall ±

approve the Regulation on Headmen with clear definition of rights and obligations of headmen therein, as well as mechanism of checks and balances, allowing headman to protect interests of inhabitants of community, they represent in the local council. In particular, it is necessary to introduce a provision related to the approval by headman of draft decision related to the interests of the peripheral communities

provide headman with premises, where he can receive callers. If necessary, introduce a position of secretary or another employee, who will help headman to exercise his functions, into the staff schedule of the council of the amalgamated territorial communities. Provide headman with the required material and technical resources

develop official Web sites of the amalgamated territorial communities

provide on timely basis inhabitants of the amalgamated territorial communities with complete information on the activity through the official Web sites. Use Web sites for public consultations, on the model of Biliaivska and Baltska amalgamated territorial communities

define helpline, using which people can receive counseling, information in the field of functioning and work of the amalgamated territorial communities

draw up and approve the Articles of Association of territorial community, where to specify clear and realistic procedures of inhabitants' participation, including peripheral communities, in decision-making process

draw up and approve provisions on establishment and work of population selforganization entity

draw up and approve Development Program for population self-organization entity

draw up and approve regulations on interaction between headmen and population self-organization entity

hold, if necessary, but, at least, once in 3 months, general meetings of members of territorial community according to place of residence in villages, towns, which did not join the amalgamated territorial communities, where officials, deputies will report on their work, make important decisions of local significance of this populated localities

introduce practice of establishment and work of population self-organization entities in villages, joined the amalgamated territorial communities, and their interaction with headmen and deputies of the amalgamated territorial communities

communities, which hegemony of one populated locality is peculiar for, regulate at normative legal base budgetary funds distribution proportion between populated localities, which are not members of the amalgamated territorial communities, in order to avoid their exclusive use by the center

POLICY ANALYSTS OF ASSOCIATION:

Andrii Krupnyk expert on public administration and local government

Oleksndra Kalashnikova expert on community development, local government reform, participatory democracy

Mariya Dzupyn analyst, lawyer, expert on local democracy and local governance

Oleksii Kolesnikov expert on election law, local democracy, regional and global policies

samoorg.com.ua

This analytical paper has been prepared under the Think tank support initiative performed by the International Fund "Renaissance" (IRF) in collaboration with the OSF Think Tank Fund (TTF), which receives support from the Swedish International Development Cooperation Agency (SIDA) The opinions and views expressed in this research represent the position of the author and do not necessarily reďŹ&#x201A;ect the position of the Swedish government.

Đ?SSOCIATION FOR COMMUNITY SELF-ORGANIZATION ASSISTANCE All-Ukrainian NGO that promotes the development of civil society in Ukraine through the self-organization and the creation of an effective system of public participation in the local governance.

CONTACTS: 38, Marazlyivska str., Odessa, 65014, Ukraine tel./fax: +3 8 (048) 738 68 30 +3 8 (048) 700 76 75 +3 8 (097) 481 17 27 email: samoorg@ukr.net