“The Law “On People’s Power in Communities” is a revolutionary step, thanks to which millions of Ukrainian citizens will be able to participate in the life of communities in practice.”, — write: www.pravda.com.ua
On January 6, 2025, the President of Ukraine signed Law 3703-IX “On Amendments to Certain Laws of Ukraine Regarding People’s Power at the Level of Local Self-Government” (hereinafter – the Law “On People’s Power in Communities”). This is a historic event that opens up new opportunities for citizens, and separately for more than 4.6 million internally displaced persons (IDPs), because thanks to it they are equated with residents of communities and will be able to participate in the decision-making process, influence the life of the communities where they live live Likewise, the Law is an important step on the way to fulfilling the European integration obligations of our country — because in its report for 2024, the European Commission gives a positive conclusion to the Law and emphasizes the need for it to be signed by the President.
As of today, this is a full-fledged Law, which has already begun its operation and according to which all village, settlement and city councils must adopt new Charters of communities or bring their Charters into compliance with the Law by January 1, 2027.
Why did this document become a historic step in the development of local democracy? Back in May, the Verkhovna Rada of Ukraine supported the Law “On People’s Power in Communities” with a constitutional majority (317 deputies “FOR”). The document is one of the few in the last 27 years, which is aimed at the development of public participation at the local level. The last changes in this topic took place in 1997 with the adoption of the Law “On Local Self-Government in Ukraine”.
The Law “On People’s Power in Communities” provided for a significant expansion of the rights of community residents to participate in decision-making through the mandatory adoption of a territorial community charter. The statute introduces both classic forms of public participation (local initiative, public hearings, general meetings of residents, work of consultative and advisory bodies at local self-government bodies (hereinafter referred to as local self-government bodies), as well as modern tools – participation in local budget planning, public consultations, public evaluation activities of local government.
It is also worth emphasizing that the adoption of the Law was foreseen by such strategic documents as the National Strategy for Promoting the Development of Civil Society in Ukraine 2021-2026 and the Road Map of Decentralization 2024: Reform of Local Self-Government and Territorial Organization of Power.
Opportunities provided by lawThe Law “On People’s Power in Communities” is a revolutionary step, thanks to which millions of Ukrainian citizens will be able to participate in the life of communities in practice. As of the end of 2024, only 45% of local councils have adopted the charter of a territorial community, and even fewer have qualitatively established public participation tools. The law aims to increase this figure to a full 100% by expanding progressive practices that work in individual communities to the entire country.
With the adoption of the Law, IDPs, many of whom have been living in their communities for years, got the opportunity to participate in their lives on an equal basis with other residents: vote for budget projects, submit local initiatives or participate in public hearings.
From the age of 14, youth gained access to influence decisions not only in the field of youth policy, but also in all issues of community life. They will be able to participate in public hearings, public consultations and the work of consultative and advisory bodies under the local government. IDP youth now have equal rights in the community.
Each community will have its own Charter – a “small Constitution” that will take into account its peculiarities and regulate forms of communication between local authorities and residents: from public hearings to public consultations.
One of the mandatory sections in the charter of the community should be the “Procedure of reporting to the residents of the heads of communities, deputies of local councils and elders”. Each chairman, deputy, and elder has the duty to report on his work to the residents at a public event. This will contribute to trust, establishment of communication and understanding by residents of the government’s activities to improve life in the community.
A key solution for the reconstruction and implementation of international standardsIn peacetime, democracy is formed through elections. In wartime, when elections are impossible, alternatives are needed that will allow citizens to be heard. The Law “On People’s Power in Communities” provided for such tools. Citizens will be able to influence the decisions of local authorities, build trust and cooperate for the reconstruction of the country.
In addition, this document is important for the European integration of Ukraine. It takes into account the recommendations of the Council of Europe and meets the obligations of our country to international partners. In particular, the Law “On People’s Government in Communities” implements the Additional Protocol to the European Charter of Local Self-Government and the recommendations of the Council of Europe and the European Union on expanding the rights of citizens to participate in decision-making by local self-government bodies and ensuring the development of local democracy.
It should be noted that in the Plan for Ukraine 2024-2027 (Ukraine Facility Plan), the European Commission emphasizes the need to create conditions for increasing the level of citizen involvement in decision-making processes at the local level. This involves adopting amendments to the Law of Ukraine “On Local Self-Government in Ukraine”. In particular, emphasis is placed on expanding opportunities for various categories of residents, including vulnerable groups, to participate in the work of advisory bodies, planning, budgeting and decision-making processes.
The role of civil societyIn November 2024, more than 200 public and charitable organizations signed a collective appeal to the President. This letter became the voice of those who understand the importance of public participation tools for stability, transparency and development. The collection of signatures was initiated by the Ukrainian Independent Center for Political Research (UNCPD) together with the public organization “Public Holding “INFLUENCE GROUP”.
We welcome the signing of the Law “On People’s Power in Communities” by the President of Ukraine, because without active communities in which everyone is involved, we will not be able to rebuild the country, build trust in local authorities and develop democracy.
Maksym Lukinyukexpert of the USAID project “Sectoral Support Initiative of Civil Society of Ukraine”.
This publication was created within the framework of the project “Civil Society Sectoral Support Initiative”, which is implemented by ISAR Yednannia in a consortium with the Ukrainian Independent Center for Political Studies (UNCPD) and the Center for Democracy and the Rule of Law (CEDEM) thanks to the sincere support of the American people, provided through the United States Agency for International development UNCPD assumes full responsibility for the content, which may not reflect the views of USAID or the United States Government.