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LAW OF UKRAINE

of May 12, 2022 No. 2259-IX

About introduction of amendments to some laws of Ukraine concerning functioning of public service and local self-government during action of warlike situation

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following laws of Ukraine:

1. In the Law of Ukraine "On regulation of town-planning activities" (Sheets of the Verkhovna Rada of Ukraine, 2011, No. 34, Art. 343 with subsequent changes):

1) in Article 22-2:

add part one with Item 15 of the following content:

"15) the order about dismantle of the buildings and constructions damaged as a result of fighting which by results of inspection are acknowledged abnormally dangerous and posing threat of life of people";

the sixth to state part in the following edition:

"6. Customers, body of licensing, licensees, expert and appeal council on questions of licensing, the expert organizations, authorized bodies of town planning and architecture, bodies of town-planning control and state town-planning supervision, bodies of protection of cultural heritage, bodies of National police of Ukraine, special facilities of insurance fund of documentation, local public administrations, local government bodies and their executive bodies, military authorities, military civil authorities, legal entities who provide specifications, authorized bodies which provide conclusions on environmental impact assessment, power accountants, specialists in inspection of engineering systems, self-regulatory organizations in the field of architectural activities, contractors of separate work types (services) connected with creation of objects of architecture, subjects of regulation in construction the centers of provision of administrative services, public registrars, notaries, certification bodies of personnel accredited according to the Law of Ukraine "About accreditation of conformity assessment bodies" which perform certification of contractors of separate work types (services) connected with creation of objects of architecture, developers of the project documentation on construction prime contractors, contractors, consulting engineers, other state bodies, physical persons and legal entities who are users of electronic system bear the responsibility for entering into the Register of construction activities of obviously false data established by the law or violation of terms of introduction of data/provision of documents in/from the Register of construction activities";

2) in Article 22-3:

9 parts one to state Item in the following edition:

"9) correspondence with users of electronic office (including notifications on unauthorized construction), submission of claims to decisions, actions and failure to act of body of licensing, the expert organizations, authorized bodies of town planning and architecture, bodies of town-planning control and state town-planning supervision, special facilities of insurance fund of documentation, local public administrations, local government bodies and their executive bodies, military authorities, military civil authorities, the legal entities providing specifications, authorized bodies which provide conclusions on environmental impact assessment, power accountants, specialists in inspection of engineering systems, self-regulatory organizations in the field of architecture and in the field of energy efficiency, contractors of separate work types (services) connected with creation of objects of architecture, public registrars notaries, the certification bodies of personnel accredited according to the Law of Ukraine "About accreditation of conformity assessment bodies" which perform certification of contractors of separate work types (services) connected with creation of objects of architecture, developers of the project documentation on construction, the prime contractors, contractors, consulting engineers, other persons determined by the Cabinet of Ministers of Ukraine according to the procedure of maintaining electronic system and also receipt of information on condition of consideration and results of their consideration";

the second to state part in the following edition:

"2. Users of electronic office are customers, body of licensing, licensees, expert and appeal council on questions of licensing, the expert organizations, authorized bodies of town planning and architecture, bodies of town-planning control and state town-planning supervision, bodies of protection of cultural heritage, bodies of National police of Ukraine, special facilities of insurance fund of documentation, local public administrations, local government bodies and their executive bodies, military authorities, military civil authorities, legal entities who provide specifications, authorized bodies providing conclusions on environmental impact assessment, power accountants, specialists in inspection of engineering systems, self-regulatory organizations in the field of architecture, contractors of separate work types (services) connected with creation of objects of architecture subjects of regulation in construction, the centers of provision of administrative services, public registrars, notaries, certification bodies of personnel accredited according to the Law of Ukraine "About accreditation of conformity assessment bodies" which perform certification of contractors of separate work types (services) connected with creation of objects of architecture, developers of the project documentation on construction, prime contractors, contractors, consulting engineers, other state bodies, the physical persons and legal entities determined by the Cabinet of Ministers of Ukraine according to the procedure of maintaining electronic system and users who underwent the procedure of identification and authentication";

third to add part with the paragraph the second the following content:

"Provision to users of access to electronic office is performed according to the procedure, established by the Cabinet of Ministers of Ukraine according to the procedure of maintaining electronic system".

2. In the Law of Ukraine "About legal regime of warlike situation" (Sheets of the Verkhovna Rada of Ukraine, 2015, No. 28, Art. 250 with subsequent changes):

1) in Article 4:

third to state part in the following edition:

"3. Military authorities of settlements is created in borders of the territories of territorial communities in which village, settlement, city councils and/or their executive bodies, and/or rural, settlement, city chairmen do not perform the powers assigned to them by the Constitution and the laws of Ukraine, and also in other cases provided by this Law.

The military authorities of the settlement (settlements) is headed by the chief who is appointed to position and is dismissed by the President of Ukraine according to the offer of the General Staff of the Armed Forces of Ukraine or the relevant regional public administration.

The corresponding rural, settlement, city chairman can be appointed the chief of military authorities of the settlement (settlements)";

in paragraph one of part five of the word "and also the workers who concluded the employment contract with the General Staff of the Armed Forces of Ukraine" shall be replaced with words "and also the workers who signed the employment contract with regional military authorities (in case of their education) or with the General Staff of the Armed Forces of Ukraine (if in the respective area the regional military authorities is not created)";

the seventh to add part with paragraphs the fifth and sixth the following content:

"The structure and the staff list regional, by Kiev city military authorities, and also district military authorities and military authorities of the settlements located in areas in which regional military authorities is not formed are approved by the Commander-in-chief of the Armed Forces of Ukraine on representation of the chief of the relevant military authorities.

The structure and the staff list of district military authorities and military authorities of the settlements located in areas in which regional military authorities is formed are approved by chiefs of the relevant regional military authorities";

the eighth to state part in the following edition:

"8. Military authorities of settlements, district, regional military authorities perform the powers during action of warlike situation and 30 days after its termination or cancellation";

Article 9 to add 2) with parts four - the tenth the following content:

"4. During action of warlike situation the rural, settlement, city chairman of territorial community in the territory of which fighting is conducted and the decision on creation of military authorities of the settlement (settlements) is not made, only for implementation of measures of legal regime of warlike situation can make the decision, with obligatory informing the chief of the relevant regional military authorities within 24 hours, relatively:

1) releases of the parcels of land of utility property from illegally the placed shoddy constructions, including those that were established, but are not put into operation in the procedure established by the legislation;

2) inspections of the buildings and constructions damaged owing to fighting. Inspection of the buildings and constructions damaged owing to fighting is performed according to the Law of Ukraine "On regulation of town-planning activities";

3) dismantle of buildings and constructions which by results of the inspection determined by Item 2 of this part are acknowledged abnormally dangerous and posing threat for life of people (except objects of defense and special purpose, objects of cultural heritage and objects on which operation of the Law of Ukraine "On use of nuclear energy and radiation safety" expatiates). Orders about dismantle of such buildings and constructions are entered into the Single state electronic system in the field of construction according to the procedure, established by the Cabinet of Ministers of Ukraine according to the procedure of maintaining single state electronic system in the field of construction.

5. During action of warlike situation the rural, settlement, city chairman of territorial community in the territory of which fighting is conducted and the decision on creation of military authorities of the settlement (settlements) is not made, only for implementation of measures of legal regime of warlike situation can make the decision relatively:

1) transfers of funds from the corresponding local budget for needs of the Armed Forces of Ukraine and/or for providing measures of legal regime of warlike situation;

2) creations of organizations on provision of free primary legal assistance, appointment to positions and releases from positions of heads of such organizations, involvement of physical persons or legal entities of private law to provision of free primary legal assistance;

3) fight against natural disaster, epidemics, epizooty;

4) treatment of dangerous wastes.

6. In case of availability of the facts of violation by the rural, settlement, city chairman of the corresponding territorial community during realization of the powers provided by parts four and the fifth this Article, the Constitution or the laws of Ukraine the chief of regional military authorities in coordination with the General Staff of the Armed Forces of Ukraine puts question of creation of military authorities of the settlement (settlements) before the President of Ukraine.

7. The decisions made by the rural, settlement, city chairman according to the procedure, established by parts four and the fifth this Article, become effective from the moment of their acceptance if these decisions do not establish later term of their introduction in force, and instantly are brought to the attention of inhabitants of the corresponding territorial communities.

8. The agreements signed during action of warlike situation by the rural, settlement, city chairman on behalf of council on the questions determined by parts four and the fifth this Article (if they belong to exclusive competence of village, settlement, city council), do not require approval by the relevant village, settlement, city council if effective period of such agreements does not exceed one year from the date of the termination or cancellation of warlike situation. If effective period of such agreements exceeds one year from the date of the termination or cancellation of warlike situation, the village, settlement, city council within 30 days from the date of the termination or cancellation of warlike situation makes the decision on approval of such agreements and term of their action.

9. In case of acceptance by the rural, settlement, city chairman of temporary structure of executive bodies of village, settlement, city council for workers whose positions are not included in temporary structure appears simple or their transfer into equivalent or lowest position is made.

The decision on approval of temporary structure of executive bodies of village, settlement, city council voids no later than in 30 days from the date of the termination or cancellation of warlike situation if it does not establish earlier term of loss of force.

During action of warlike situation the rural, settlement, city chairman can appoint persons to positions and dismiss from positions in local government bodies, heads of the utility companies, organizations, the organizations relating to the sphere of management of relevant organ of local self-government, according to the procedure, determined by parts five, the sixth article 10 of this Law.

10. During action of warlike situation on acts of local government bodies, military civil authorities and military authorities, and also their officials requirements of Item 3 parts one (regarding promulgation of drafts of acts), parts four of article 15 of the Law of Ukraine "Do not expatiate on access to public information", the Law of Ukraine "On fundamentals of the state regulatory policy in the field of economic activity" and the Law of Ukraine "On government assistance to subjects of managing";

Article 10 to state 3) in the following edition:

"Article 10. Inadmissibility of the termination of powers of public authorities, other state bodies in the conditions of warlike situation

1. During action of warlike situation powers of the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the National Bank of Ukraine, the Representative of the Verkhovna Rada of Ukraine for human rights, courts, bodies of prosecutor's office, bodies performing operational search activities, pre-judicial investigation, prospecting bodies and bodies which divisions perform counterintelligence activities cannot be stopped.

2. In case of formation of military authorities of the settlement (settlements) the Verkhovna Rada of Ukraine on representation of the President of Ukraine can make the decision that during action of warlike situation and 30 days after its termination or cancellation:

1) chief of military authorities:

except the powers referred to its competence by this Law performs powers of village, settlement, city council, its executive committee of the rural, settlement, city chairman;

can approve temporary structure of executive bodies of village, settlement, city council (for workers whose positions are not included in temporary staff lists, appears simple or their transfer into equivalent or lowest position is made);

2) the office of village, settlement, city council and its executive committee, other executive bodies (taking into account the paragraph of third Item 1 of this part), the utility companies, organizations and the organizations of the corresponding territorial community submit to the chief of the relevant military authorities.

3. In case of formation of regional and/or district military authorities for action of warlike situation and within 30 days after its termination or cancellation, in case of temporary occupation or environment of the administrative center of area or in case of acceptance by the Verkhovna Rada of Ukraine on representation of the President of Ukraine of the relevant decision:

1) powers of such regional and/or regional council perform the relevant regional and district military authorities;

2) the executive office of such regional and regional council submits to the chief of the relevant military authorities;

3) the relevant regional and regional councils do not perform the powers;

4) the utility companies, organizations and the organizations founded based on property of common property of territorial communities of the area or area submit to the relevant military authorities;

5) management of objects of common property of territorial communities of such area and/or area is performed by the chief of the relevant district and/or regional military authorities;

6) appointment of persons to positions and the release from positions performed by the chief of district military authorities is approved with the chief of the relevant regional military authorities;

The chief of regional military authorities, the chief of district military authorities in coordination with the chief of the relevant regional military authorities can exempt 7) from execution of job responsibilities of staff of executive office of such regional and/or regional council (for such workers appears simple or their transfer into equivalent or lowest position is made).

4. In case of adoption by the Verkhovna Rada of Ukraine of the decision provided by part two or third this Article, the chief of military authorities the relevant regional and/or district military authorities perform the powers provided respectively by part two or third this Article, from the date of entry into force of the specified decision of the Verkhovna Rada of Ukraine during the term provided by these parts.

In case of elimination of safety hazards and to law and order in the territory of the area on representation of the President of Ukraine the Verkhovna Rada of Ukraine can make the decision on resumption of work of local government bodies in the territory of the respective area before the expiration of the 30-day term provided by part two or third this Article, but not earlier than day of the termination or cancellation of warlike situation.

If during 30-day term after the termination or cancellation of warlike situation, there are bases for purpose of early elections of the relevant local council determined by the law, the chief of military authorities, the relevant regional and/or district military authorities continue to perform the powers provided by parts two and third this Article before election of new structure of relevant organs of local self-government if the President of Ukraine did not make the decision on education in this territory of military civil authorities.

5. During action of warlike situation persons are appointed to positions of public service, position in local government bodies, positions of heads of subjects of managing of public sector of economy, the utility companies, organizations, organizations by the head of public service or the subject of appointment, the rural, settlement, city chairman, the chairman district, district in the city, regional council, by the chief of the relevant military authorities without competitive selection which obligation is provided by the law, based on the submitted application, the filled personal card of the established sample and documents, confirming availability at such persons of citizenship of Ukraine, education and work experience according to the requirements of the legislation established concerning the corresponding positions.

Government employees and the officials of local self-government designated according to paragraph one of this part cannot be transferred to other positions of public service or position in local government bodies.

Action of this part is not applied in case of appointment to positions of public service on which the procedure for fulfillment of duties in case of absence of the head of state body is established by the special law (including in case of the termination of its powers or dismissal from position), except cases if the procedure established by the special law cannot be applied because of the absence of persons to whom fulfillment of duties of the head of state body can be assigned.

6. Person applying for occupation of political position, position of public service, position in local government bodies, positions of the head of the subject of managing of public sector of economy, position of the head of the municipal company, organization, the organization during action of warlike situation does not submit the declaration of person authorized on accomplishment of functions of the state or local self-government, provided by the Law of Ukraine "About prevention of corruption" and the document on confirmation of level of proficiency in state language according to the Law of Ukraine "About ensuring functioning of Ukrainian as state".

7. Persons appointed during action of warlike situation to political positions and also according to paragraph one of part five of this Article to positions of public service, position in local government bodies, positions of heads of subjects of managing of public sector of economy, heads of the utility companies, organizations, the organizations, represent the declaration of person authorized on accomplishment of functions of the state or local self-government, provided by the Law of Ukraine "About prevention of corruption", the document on confirmation of level of proficiency in state language according to the Law of Ukraine "About ensuring functioning of Ukrainian as state" within three months from the date of the termination or cancellation of warlike situation if such documents were not filed by them earlier.

After the termination or cancellation of warlike situation, but no later than six months from the date of its termination or cancellation, to positions of public service, position in local government bodies, positions of heads of subjects of managing of public sector of economy, position of heads of the utility companies, organizations, organizations on which persons are designated according to paragraph one of part five of this Article competition is announced. The deadline of stay of person on position to which it is appointed according to paragraph one of part five of this Article constitutes 12 months from the date of the termination or cancellation of warlike situation.

8. The special check provided by the Law of Ukraine "About prevention of corruption" concerning persons applying for holding the posts who provide occupation of responsible or especially responsible provision and positions with the increased corruption risk which list affirms the National agency concerning prevention of corruption, and also the check provided by the Law of Ukraine "About clarification of the power" concerning persons applying for holding the posts concerning whom measures for clarification of the power (lustration) are performed, during action of warlike situation are not carried out.

The organization of conducting the special check provided by the Law of Ukraine "About prevention of corruption" and also the check provided by the Law of Ukraine "About clarification of the power" concerning persons designated during action of warlike situation is performed within three months from the date of the termination or cancellation of warlike situation, except case of dismissal of such person about day of the termination or cancellation of warlike situation or the end of conducting the specified checks during action of warlike situation.

9. In case of non-presentation by the government employee or official of local self-government which are appointed according to paragraph one of part five of this Article, in the declaration of person authorized on accomplishment of functions of the state or local self-government, Ukraine provided by the Law "About prevention of corruption", the document on confirmation of level of proficiency in state language according to the Law of Ukraine "About ensuring functioning of Ukrainian as state" in time, determined by paragraph one of part seven of this Article, and also non-presentation by person who during action of warlike situation is appointed to position which provides occupation of responsible or especially responsible provision, or position with the increased corruption risk, the documents provided by part two of article 57 of the Law of Ukraine "About prevention of corruption" in time, determined by the paragraph the second parts eight of this Article, such government employee or the official of local self-government, person who holds position which assumes occupation of responsible or especially responsible provision, or position with the increased corruption risk is relieved of the post within three working days after completion of this term.

10. Persons dismissed from positions of public service and service in local government bodies during action of warlike situation within one year after the termination or cancellation of warlike situation can be accepted to equivalent or subordinate positions of public service and service in local government bodies without carrying out tender.

Provisions of paragraph one of this part do not extend to government employees and the officials of local self-government designated according to part five of this Article";

Article 11 after part one to add 4) with new part of the following content:

"2. The president of Ukraine during action of warlike situation can make the decision on discharge from post of the official whose position assignment and dismissal is referred to its powers, and assignment for the corresponding period of fulfillment of duties on other person. Person to who fulfillment of duties according to this part is assigned shall conform to the requirements determined by the law for occupation of the corresponding position taking into account provisions of this Law".

With respect thereto second and third to consider parts respectively parts three and the fourth;

Article 12 to add 5) with part four of the following content:

"4. During action of warlike situation the Verkhovna Rada of Ukraine can make the decision on release of the official from position, appointment to which and release from which is referred to powers of the Verkhovna Rada of Ukraine, except the bases provided by special laws, also in case of expression of mistrust to such official (except for officials, appointment to positions and release from which positions is performed by the Verkhovna Rada of Ukraine on representation of the President of Ukraine or the Cabinet of Ministers of Ukraine).

The question of expression of mistrust can be initiated by the Chairman of the Verkhovna Rada of Ukraine or at least one fourth People's Deputies of Ukraine from the constitutional structure of the Verkhovna Rada of Ukraine. Such question is considered at the plenary session of the Verkhovna Rada of Ukraine instantly according to Regulations of the Verkhovna Rada of Ukraine without the procedures provided by the special laws determining legal status of the corresponding officials. The decision on expression of mistrust is deemed accepted if the majority from the constitutional structure of the Verkhovna Rada of Ukraine voted for it. Expression of mistrust by the Verkhovna Rada attracts dismissal of the official from post";

6) in Article 15:

the second to add part with Items 45 and 46 of the following content:

"45) decision making about inspection of the buildings and constructions damaged owing to fighting. Inspection of the buildings and constructions damaged owing to fighting is performed according to the Law of Ukraine "On regulation of town-planning activities";

46) decision making about dismantle of buildings and constructions which by results of the inspection determined by Item 45 of this part are acknowledged abnormally dangerous and posing threat for life of people (except objects of defense and special purpose, objects of cultural heritage and objects on which operation of the Law of Ukraine "On use of nuclear energy and radiation safety" expatiates). Orders about dismantle of such buildings and constructions are entered into the Single state electronic system in the field of construction according to the procedure, established by the Cabinet of Ministers of Ukraine according to the procedure of maintaining single state electronic system in the field of construction";

the paragraph one of part three to state in the following edition:

"3. District, regional military authorities performs in the corresponding territory of power, carried to their competence by this Law, and also in case of acceptance by the Verkhovna Rada of Ukraine on representation of the President of Ukraine of the decision provided by part three of article 10 of this Law or in case of temporary occupation or environment of the administrative center of area of power on";

add with part five of the following content:

"5. Territorial communities in which territories fighting is conducted and also settlements which are surrounded are determined by the relevant regional military authorities in coordination with the General Staff of the Armed Forces of Ukraine".

II. Final and transitional provisions

1. This Law becomes effective from the date of, its publication following behind day.

2. Determine that since March 1, 2022 for action of warlike situation in Ukraine before completion of month in which martial law imposed by the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine" of February 24, 2022 No. 64/2022, the approved Law of Ukraine "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine" will be stopped or cancelled action of part four of Article 26 of the Regulations of the Verkhovna Rada of Ukraine approved by the Law of Ukraine "About Regulations of the Verkhovna Rada of Ukraine" and parts five of article 33 of the Law of Ukraine "About the status of the People's Deputy of Ukraine stops". Accounting of working hours of People's Deputies of Ukraine during the specified period is performed according to the legislation on work.

3. To the Cabinet of Ministers of Ukraine in ten-day time from the date of entry into force of this Law:

bring the regulatory legal acts into accord with this Law;

provide reduction by the ministries, other central executive bodies of their regulatory legal acts in compliance with this Law.

 

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