The sustainable operation of local self-government bodies requires legislative changes, as the current Law "On the Status of Local Council Members" cannot adequately meet these challenges, as it contains many contradictory, if not archaic, provisions. This is underlined in a new study by the Agency for Legislative Initiatives on the status of local council members.
The issue of the status of local members is becoming increasingly relevant: in 2017, the Agency for Legislative Initiatives already studied this matter and, in particular, developed Policy Proposals to Regulate the Status of the Local Council Members. On the other hand, enough time has passed, further changes have taken place in local government reform, and the regulation of the status of local members still requires special attention — and an update of the legislation in the light of current challenges.
The study was carried out in several stages:
- Desk study: analysis of legislative acts regulating the status of local council members; the study of the practical implementation of the Law “On the Status of Local Council Members” following the 2020 local elections, analysis of legislative initiatives to improve the status of local council members etc.;
- In June 2024, an online survey of local government representatives was conducted to assess the status of local council members. The survey involved 2,279 respondents from all regions of Ukraine. Of these, 94.7% were local government representatives; the majority of respondents — 67.2% — were or are members of local councils. Notably, most respondents represented the rural population: 33.6% of villagers, 21.4% of towns and 45% of city dwellers.
With the outbreak of full-scale Russian aggression, the problems in exercising local council members’ powers and in the regulatory framework for the status of local council members have become even more visible.
Currently, the following issues have been highlighted:
- The legislation contains inconsistencies in defining the representative functions of local council members: they are simultaneously considered representatives of the interests of the territorial community and of the voters in their constituency. However, a city district or regional council member does not represent the interests of the territorial community, as district and regional councils represent the common interests of territorial communities of villages, settlements and cities. A district or city council member represents voters’ interests within the territory of the district or city council.
- In 2022-2024, 19 pro-Russian political parties were banned in Ukraine by the courts. However, the current legislation does not provide for the automatic loss of mandates by council members elected on the lists of such parties and does not contain any restrictions on the powers of local council members in the event that a court decision banning a political party enters into force.
- The status of local council members is not defined in the legislation in the context of the transfer of powers of local self-government bodies to the relevant military administration and the temporary non-exercise of powers by local councils and local council members.
- The current legislation does not define the concept of ‘council member’s ethics’; instead, it lists insufficient rules for comprehensive legal regulation. Moreover, there are no sanctions for violation of these rules.
In addition to regulatory inconsistencies, there are other dangerous trends, such as a decrease in the number of local councils. Given the classified data on the state of local self-government under martial law, the situation with the full functioning of local representative bodies is potentially critical. The shortcomings identified point to the need to amend the legislation governing the status of local council members.
Read more about the problems and recommendations for optimising the status of local councils in Ukraine in the context of full-scale war — in the new ALI study.
The study was conducted within the framework of the project “Parliamentary Accountability of the Security Sector in Ukraine” (PASS Ukraine), which the Agency implements together with the Parliamentary Centre, in cooperation with The Verkhovna Rada of Ukraine, and with the support of Canada’s Foreign Policy—Global Affairs Canada as part of the Peacebuilding Program and stability (PSOPs).
