On December 6, 2020, the Law of Ukraine України 1009-IX “On Amendments to Certain Legislative Acts of Ukraine Concerning the Regulation of Certain Issues of Organization and Activity of Local Self-Government Bodies and District State Administrations” № 1009-IX of November 17, 2020 (hereinafter – Law № 1009- IX).
The purpose of the Law is to legislate certain issues of organization and activity of local governments and district state administrations in connection with changes in the administrative-territorial structure of Ukraine.
Law № 1009-IX amended such laws of Ukraine:
- Law of Ukraine “On Local Self-Government in Ukraine”
- Law of Ukraine “On Local State Administrations”
- Law of Ukraine “On Central Executive Bodies”
- Law of Ukraine “On the Cabinet of Ministers of Ukraine”
- Law of Ukraine “On State Registration of Legal Entities, Individuals – Entrepreneurs and Public Associations”
From the date of entry into force of this Law until the date of entry into force of district councils of districts formed by the Verkhovna Rada of Ukraine, alienation, and pledge (mortgage), change of location of the common property of territorial communities of districts liquidated by the Verkhovna Rada of Ukraine is prohibited (except joint ownership of territorial communities of the district into the communal property of territorial communities in cases established by law, as well as the fulfillment of obligations that arose before the date of entry into force of this Law).
Within a year from the date of entry into force of this Law, re-registration of names and, if necessary, constituent documents of local governments and legal entities of public law, the founders of which are local governments, in connection with changes in the administrative-territorial structure of Ukraine is free.
During the reorganization of district state administrations in connection with changes in the administrative-territorial structure of Ukraine, the transfer of a civil servant to a position in local government is carried out without mandatory competition, provided that his professional competence meets the qualification requirements for the position.
Law 1009-IX provides as follows:
- termination of powers of village, settlement, city mayors, village, settlement, city councils, their executive bodies, district councils in connection with changes in the administrative-territorial structure of Ukraine;
- reorganization of village, settlement, city councils, their executive bodies, district councils as legal entities of public law, in connection with changes in the administrative-territorial structure of Ukraine;
- succession in respect of property, rights and obligations of territorial communities, the territories of which have been included in the territories of territorial communities approved by the government;
- succession to the property, rights and responsibilities of district councils, which represented the common interests of the territorial communities of the liquidated districts;
- formation and reorganization of district state administrations, in connection with changes in the administrative-territorial structure of Ukraine;
- features of state registration in relation to local governments and district state administrations, in connection with changes in the administrative-territorial structure of Ukraine.
Department of interaction with subjects of state registration
and advanced training of state registrars
of the State Registration Office of the Eastern
Interregional Department of the Ministry of Justice (Kharkiv)
