Regulatory support

Kyiv City Council acts in accordance to Article 26 of the Law of Ukraine “On local self-government of Ukraine” and Article 22 of the Law of Ukraine “On capital of Ukraine – hero city of Kyiv”.

Article 26. Exceptional competence of village, settlement and city councils

1.     The issues, which are decided exceptionally during plenary sessions of village, settlement and city councils:

1)    adoption of the rules of the council;

2)    establishment and elimination of permanent and other commissions of Kyiv City Council, adoption and change of their composition, election of the heads of commissions;

3)    establishment of an executive committee of the council, determination of its size and personal composition, making changes to composition of executive committee and its dismission;

4)    election and dismission of the secretary of the council under the proposal of the head of village, settlement, city council;

5)    approval of the structure of executive bodies of the council, general number of employees of the council, its executive bodies and maintenance of expenses under the proposal of village, settlement, city head;

6)    establishment of other executive bodies of the council under the submission of village, settlement and city head;

7)    approval of the working plan of council and review of accomplishments report;

8)    establishment of Mass Media resources of corresponding council, assigning and dismissing of its managers;

9)    review of accomplishments report on the activity of executive bodies of council, submitted by village, settlement and city head;

10)                      making decision of no-confidence in village, settlement, city head;

11)                      review of reports of permanent commissions, managers of executive bodies of council and officials, assigned or dismissed by it;

12)                      review of the messages of deputies, concerning their work and accomplishment of the tasks of council;

13)                      review of deputies’ requests and making decisions, concerning those requests;

14)                      making decisions, concerning preterm dismissal of the deputy in the manner, prescribed by law;

15)                      elimination of the acts of executive bodies of the council, which do not correspond Constitution or laws of Ukraine and other legislative acts and decisions of respective council, adopted within its competence;

16)                      making decisions, concerning a preterm dismissal of the village, settlement, city head in cases, prescribed by law;

17)                      determining the number of members of council according to the law;

18)                      making decisions, concerning local referendum;

19)                      making decisions, concerning  organization of referendums, elections of public and local authorities’ bodies, village, settlement, city head;

20)                      making decisions on granting special competence to the bodies of local self-government, transfer of finances, technical and other resources, necessary for their performance;

21)                      making decisions on joining and establishing associations, other forms of voluntary unions and withdrawal from them;

22)                      adoption of social, economic and cultural development programs of respective administrative and territorial subjects, specialized programs on other issues of local self-government;

23)                      adoption of local budget, making changes, adoption of the report on its accomplishment;

24)                      determination of local taxes and their sizes according to the law;

25)                      establishment of the off-budget and target programs, adoption of resolutions, concerning that programs; adoption of reports on their use;

26)                      making decisions on local loans;

27)                      making decisions on receiving loans from other local budgets and sources, transfer of finances from respective local budgets;

28)                      making decisions, concerning privileges in tax paying;

29)                      determining the share of profits , submitted to local budget for municipal property enterprises, entities and organizations;

30)                      making decisions, concerning substraction of municipal property according to the law; adoption of local privatization programs, the list of municipal property objects, which are not submitted for privatization; determining the necessity, order and conditions of privatization of municipal property objects; making decisions on obtaining privatized property and including objects of municipal property, substraction of property in the process of privatization; including objects, substracted in the process of privatization to municipal property; on establishment, elimination, reorganization and reproliferation of enterpises, entities and organizations of municipal property of respective territorial community; on reorganization or elimination of acting municipal preschool educational institutions and those, which were established by former agricultural collective and state enterprises (upon the agreement of territorial community and its’ general assembly);

31)                      making decisions on transmission of particular competence, concerning management of the municipal property of respective territorial community, determining frames of that competence and conditions of their accomplishment;

32)                      establishment, in case of need,  of the bodies and services in order to realize common projects or financing with other municipal property subjects of communal enterprises, entities and organizations and determining their competence;

33)                      making decisions on issues, concerning establishment of joint enterprises, including municipal and foreign ones;

34)                      making decisions, concerning regulation of land relations;

35)                      adoption, according to the law, of land taxes and prices for the use of natural resources, belonging to territorial community;

36)                      granting, or withdrawing permission, concerning special usage of natural resources of local significance, according to the law;

37)                      making decisions on organization of territories and objects of Natural Reserve Fund of local significance and other territories, submitted to special protection; making proposals to respective state bodies, concerning announcement of natural and other objects of ecologic, historical, cultural or scientific value, natural, historical or cultural attractions, protected by law;

38)                      giving permission for the placement of new objects of ecological influence on the territory of the village, settlement, city;

39)                      [Article 39 was excluded according to the changes in the law]

40)                      reviewing the reports of chiefs of internal affairs bodies, concerning combatting crime, and chiefs of local police, concerning civil security and order;

41)                      making decisions, concerning administrative and territorial order within the limits and procedures, prescribed by this and other legal acts;

42)                      adoption of local town planning programs, architectural general plans and other documentation;

43)                      ratification of treaties, concluded on its behalf by village, settlement, city head, concerning issues within its competence;

44)                      establishment of the rules, concerning improvement of public services, violation of which provokes administrative punishment;

45)                      making decisions, concerning combating natural disasters, epidemics, epizootics, violation of which provokes administrative punishment;

45-1) determination of territories, where potentially dangerous events, including use of weapons and military equipment, may be held in presence of civil population and with participation of Armed Forces of Ukraine, other military units and law enforcement bodies;

46)                      making decisions, concerning establishment of special free and other zones, change of their status; giving consent to establishment of such zones upon the initiative of the President of Ukraine, or Cabinet of Ministers of Ukraine;

47)                      making decision, concerning a preterm termination of bodies of territorial self-organization of population in cases, prescribed by law;

48)                      adoption of the statute of territorial community;

49)                      adoption of Provisions, concerning the sense, description and procedure of usage of symbology of territorial community;

50)                      making decision on the issue of language, used in the work of council, its executive body and official announcements;

51)                      approving the transfer of objects from state to municipal property and purchasing the objects of state property;

52)                      establishment of municipal rescue service;

2.     The following issues, are reviewed exceptionally on the plenary sessions of city councils:

1)    determining the scope and limits of competence of city councils and their executive bodies in the interests of territorial community of the city;

2)    setting the standards of financial centralization, benefited from land taxes on special budgetary accounts of the city;

3. The following issues are reviewed exceptionally on the plenary sessions of city councils of the cities, where the bodies of internal affairs are established:

1) establishment, reorganization or elimination of local police upon the approval of respective head offices, main offices of the Ministry of Internal Affairs of Ukraine in the regions and the city of Kyiv;

2) approving assignation and dismissal of the posts of chiefs of local police, chiefs of structural units and precinct inspectors of the police; proposals on their encouragement and engagement of liability;

4. The following issues are reviewed exceptionally on the plenary sessions of village, settlement and city council of the cities, where the bodies of internal affairs are absent:

1)  making proposals on implementation or cease of the post of police men, approving assignation for the post and dismissing the chiefs of structural police units;

2) making proposals to appropriate police bodies, concerning assignation and dismissal of the chiefs of structural police units, their encouragement and bringing to justice;

Article 22 Additional rights of Kyiv City Council, concerning the functions of capital

As the city of Kyiv carries out the functions of capital, Kyiv City Council and Kyiv City State Administration, within their competence, established by laws of Ukraine, have the following rights:

1) purchasing residential and non-residential premises, administrative, executive and other objects, belonging to other forms of property, necessary for carrying out the capital functions;

2) establishing an order of maintenance and exploitation of objects, located in the city and adjoining territory, rules of public services, merchandise, householding, transport, municipal, social and cultural improvement; determining the features of land and natural resources use;

3) establishing terms and sizes of compensatory payments of respective bodies, concerning the coverage of expenses connected to the use of local infrastructure, to organizations and citizens, which do not belong to the territorial community of the city;

4) managing the objects of public property, the list of which is adopted by the Cabinet of Ministers of Ukraine, including the shares of corporations, located in Kyiv, which are transferred to Kyiv City State Administration in an established manner;

5) raise the funds of investors with the view to creating social and transport infrastructure of the city, guided by the standards, confirmed by Kyiv City Council in order to improve financial state of complex construction of the city;

6) be a guarantee of state and foreign investments and credits, granted to the enterprises, the property of which is municipal or is transferred to Kyiv City State Administration;

7) keeping order and managing the use of residential funds by state bodies, enterprises, entities and organizations, belonging to public property and located in Kyiv; participating in making decisions, concerning the rental of non-residential premises, belonging to public enterprises, entities and organizations via procedure, prescribed by the Public Property Fund of Ukraine;

8) participating in the conclusion of international treaties, concerning affairs of the city;

9) providing complex public expertise of investment programs and projects of construction, concerning objects, planned for location on the territory of Kyiv, irrespective of property forms of investors and customers, sizes and sources of funding;

10) approving the projects of construction of objects, the estimated cost of which exceeds 5 million hryvnias, which will be realized on the territory of the city with attraction of public and city funds;

11) withdrawing of the right to use land and natural resources in cases, provided by current Ukrainian legislation;

12) making decisions on release of lands, which were occupied and demolition of buildings, which were constructed without proper permission, without compensation of costs, which took place during the period of illegal exploitation;

13) establishing, upon the proposal of respective central bodies of executive power, of higher standards of ecological security and payment for the pollution of environment in the city, taking into account raised requirements to its protection;

14) using, in an established manner, of banks of central bodies, public and governmental systems of communication, if it is necessary for carrying out the functions of the capital;

15) determining an order of organization and holding of nongovernmental mass civil events of political, religious, cultural, educational, sport and other character;

16) coordinating the activity of entities of all forms of property, concerning electric power supply for consumers in order to provide reliable operation of city supporting systems;

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