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LAW OF UKRAINE

of May 2, 2023 No. 3077-IX

About service in local government bodies

This Law determines the principles, legal and organizational basis of providing the public, professional, politically impartial, effective service in local government bodies functioning in interests (common interests) of territorial communities and also conditions and procedure for realization by citizens of Ukraine for the right of equal access to service in local government bodies.

Section I. General provisions

Article 1. Service of local government bodies

1. The service in local government bodies is public, professional activity of citizens of Ukraine who hold positions in local government bodies, on ensuring realization with territorial communities of the right to local self-government and implementation of the separate powers of executive bodies conferred by the law.

2. In local government bodies officials of local self-government to whom elected officials of local self-government and employees of local self-government enter serve.

Article 2. Determination of terms

1. In this Law the following terms are used in the following value:

1) the direct head – the closest head to whom the employee of local self-government is directly subordinated;

2) the highest position – the position relating to the highest subcategory of positions of employees of local self-government;

3) the elected official of local self-government (further - the elected official) - the citizen of Ukraine elected on local elections, elected or approved by the relevant council to position in local government body for term of office of the relevant council works in local government body at permanent basis, receives the salary for the account of the local budget and carries out the powers of local self-government provided by the law;

4) disciplinary production set of procedural actions for forming, consideration of disciplinary case (identification of availability or absence in decisions, actions, failure to act of the serving local self-government of minor offense, circumstances of its making) and decision makings about imposing of the corresponding authority punishment or closing of production;

5) the head of service in local government body (further - the head of service) - the official of local self-government given authority on management of service and the organization of work of other workers in this body according to this Law;

6) the lowest position – the position relating to the lowest subcategory of positions of employees of local self-government;

7) position in local government body – primary structural unit of local government body determined by structure and the staff list with the established job responsibilities;

8) professional competence capability of person within the powers determined by position to apply special knowledge, skills, to show the corresponding moral and business qualities for proper accomplishment of the established obligations, training, professional and personal development;

9) professional training acquisition and enhancement of professional knowledge, skills that provides appropriate level of professional qualification of the employee of local self-government for its professional activity;

10) equivalent position position in local government body concerning which identical requirements to professional competence of candidates for its occupation are established and which belongs to one subcategory of positions of employees of local self-government;

11) the employee of local self-government - the citizen of Ukraine who holds position in local government body receives the salary for the account of the local budget and carries out the obligations established for this position connected with accomplishment of tasks and functions of local self-government on:

a) preparation of drafts of acts of local government bodies and their officials, organization of execution of such acts and control of their execution;

b) provision of administrative services;

c) management of utility property, property of common property of territorial communities of villages, settlements, cities;

d) personnel management in local government bodies;

ґ) implementation of other tasks and functions of local self-government determined by the law;

12) functions on servicing – the work of the employee of local government body which is not providing implementation of the powers which are directly connected with accomplishment of tasks and functions of local self-government.

2. The terms "executive bodies of councils", "local government bodies", "official of local self-government" and other terms in the field of local self-government in this law are used in the value given in the Law of Ukraine "About local self-government in Ukraine", and the terms "close persons", "conflict of interest", "direct subordination", "special check", "offense connected with corruption", "private interest" and other terms in the field of prevention of corruption - in the value given in the Law of Ukraine "About prevention of corruption".

Article 3. Coverage of this Law

1. This Law governs the relations arising in connection with the introduction of citizens of Ukraine on service in local government bodies, its passing and the termination, determines legal status of employees of local self-government, feature of service of elected officials, and also features of the employment relationships arising in connection with stay of persons on foster service in local government bodies.

2. Operation of this Law does not extend on:

1) deputies of local councils, except those who are officials of local self-government;

2) employees of the local government bodies performing functions on servicing;

3) employees of the utility companies, organizations or the organizations founded by council and relating to the sphere of its management.

Article 4. The principles of service in local government bodies

1. The service in local government bodies is performed with respect for the following principles:

1) supremacy of law - providing priority of the rights and freedoms of man and citizen according to the Constitution of Ukraine determining content and orientation of activities when implementing functions and powers of local self-government;

Legality - obligation to act 2) only on the basis of the, within powers and the method provided by the Constitution and the laws of Ukraine;

3) patriotism – commitment and right service to the Ukrainian people;

4) service to territorial communities – activities orientations on realization and protection of the right of territorial communities to local self-government, ensuring their legitimate interests determined by the Constitution and the laws of Ukraine;

5) combination of local and state interests – obligations when implementing powers to consider bases of state policy in the corresponding industry (sphere);

6) virtues – orientations of actions in protection of public interests and refusal of prevalence of private interest during implementation of powers;

7) efficiency – rational and productive use of resources for the implementation of functions and powers of local self-government and separate powers of executive bodies conferred by the law;

8) equal access to service in bodies of local self-government prohibition of all forms and manifestations of discrimination, lack of unreasonable restrictions or provisions of unreasonable benefits to certain categories of citizens in case of revenues to service in local government bodies and its passings;

9) professionalism – competent, objective and impartial accomplishment of job responsibilities, permanent increase in level of professional competence;

10) political impartiality - non-admission of influence of political views on actions and decisions, and also abstention from demonstration of the relation to political parties, demonstrations of own political views in case of execution of job responsibilities;

11) transparency - informing on activities of officials of local self-government, except the cases determined by the Constitution and the laws of Ukraine, guaranteeing open entry to information on activities of officials of local self-government in the amounts and procedure determined by the law;

12) opennesses - involvement of the public, including by carrying out public consultations, to discussion of questions on development, acceptance and accomplishment of acts of local government bodies, realization of other powers of local government bodies;

13) stability – appointment of employees of local self-government is termless, except the cases provided by the law, independence of members of employees of local self-government of change of heads of service;

14) independence of management of service in bodies of local self-government non-interference of public authorities or their officials in implementation by local government bodies and their officials of the powers on management of service in local government bodies;

15) responsibility – personal legal responsibility for improper execution and non-execution of job responsibilities.

Article 5. Legal regulation of service in local government bodies

1. Legal regulation of service in local government bodies is performed by the Constitution of Ukraine, present and other laws of Ukraine, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, acts of the Cabinet of Ministers of Ukraine, local government bodies and their officials, and in the Autonomous Republic of Crimea - also the regulatory legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea and Council of Ministers of the Autonomous Republic of Crimea accepted within their competence.

2. Action of regulations of the legislation on work extends to employees of local self-government regarding the relations which are not settled by this Law.

Article 6. Positions in local government bodies

1. In local government bodies treat positions:

1) positions of employees of local self-government to which persons are designated by results of tender or according to other procedure provided by this Law with certain powers on accomplishment of tasks and functions of local self-government;

2) elective offices to which persons are elected on local elections or are elected by the relevant council from among her deputies, or affirm the relevant council, with certain powers on accomplishment of tasks and functions of local self-government;

3) positions of employees of foster service to which persons are appointed rural, settlement, by the mayor, the chairman district in the city (in case of creation), regional, regional council for the term of its powers according to the legislation on work taking into account the features provided by this Law for organizational, information and expert and analytical support of implementation of powers by the corresponding chairman;

4) positions of employees of the local government bodies performing functions on servicing are determined by the relevant council based on the criteria approved by the Cabinet of Ministers of Ukraine. Persons are appointed to such positions and exempted from such positions according to the legislation on work. Payment terms of work of such workers are determined by the Cabinet of Ministers of Ukraine.

Article 7. Categories of positions of employees of local self-government

1. Positions of employees of local self-government are divided into categories and subcategories depending on procedure for appointment, content and amount of powers, degree of responsibility, necessary level of professional competence of employees of local self-government.

2. Positions of employees of local self-government are divided into the following categories:

1) category I – positions:

the executive committee managing affairs rural, settlement, city, district in the city (in case of creation) council;

the executive office of regional, regional council managing affairs;

the secretariat (device) of the Kiev, Sevastopol city council managing affairs;

heads of departments, managements and other executive bodies rural, settlement, city, district in the city (in case of creation) council with the status of the legal entity of the public law, their deputies;

2) category II – positions:

heads of structural divisions of the device rural, settlement, city, district in the city (in case of creation) council, their deputies;

heads of structural divisions of departments, managements and other executive bodies rural, settlement, city, district in the city (in case of creation) council with the status of the legal entity of the public law, their deputies;

heads of structural divisions of executive office of regional, regional council, their deputies;

heads of structural divisions of the secretariat (device) of the Kiev, Sevastopol city council, their deputies;

3) category III – the positions of chief specialists, leading experts, specialists, other positions of employees of local self-government which are not referred to categories I and II.

Article 8. Subcategories of positions of employees of local self-government

1. Categories of positions of employees of local self-government are divided into subcategories:

1) category I:

I-1 – positions managing affairs in local government bodies;

I-2 - positions of heads of executive bodies rural, settlement, city, district in the city (in case of creation) council with the status of the legal entity of the public law, their deputies;

2) category II:

II-1 - positions of heads of independent structural divisions of the device rural, settlement, city, district in the city (in case of creation) Council, the secretariat (device) of the Kiev, Sevastopol city council, executive office of regional, regional council, executive bodies rural, settlement, city, district in the city (in case of creation) council with the status of the legal entity of the public law and their deputies;

II-2 - positions of heads of structural divisions as a part of independent structural divisions of the device rural, settlement, city, district in the city (in case of creation) Council, the secretariat (device) of the Kiev, Sevastopol city council, executive office of regional, regional council, executive bodies rural, settlement, city, district in the city (in case of creation) council with the status of the legal entity of the public law and their deputies;

3) category III:

III-1 – positions of chief specialists in local government bodies;

III-2 – positions of leading experts in local government bodies;

III-3 – positions of specialists in local government bodies.

2. Reference of positions of the employees of local self-government who are not specified in this Article to the corresponding subcategories is carried out by the Cabinet of Ministers of Ukraine on representation of the central executive body providing forming of state policy in the field of service in local government bodies.

Section II. Legal status of employees of local self-government

Article 9. Basic rights of the serving local self-government

1. The employee of local self-government has the right on:

1) respect of his personality, honor and advantage, fair and respect for from heads, colleagues and other persons;

2) accurate determination of job responsibilities;

3) proper conditions of service and their material logistics;

4) compensation depending on post, results of office activities, service length in local government bodies and rank;

5) leaves, social and provision of pensions according to the law;

6) increase in level of professional competence according to requirements of local government body;

7) job development taking into account professional competence, results of office activities and fair accomplishment of the job responsibilities;

8) participation in activities of labor unions, other public associations, except the cases provided by the law;

9) appeal in the procedure for decisions on imposing of authority punishment established by the law, dismissal, and also conclusion about results of assessment of its office activities;

10) protection against illegal prosecution from public authorities, other state bodies, local government bodies and their officials in case of the message it about the facts of violation of requirements of the present or other laws of Ukraine;

11) obtaining by the written request from public authorities, other state bodies, local government bodies, the companies, organizations and the organizations of all patterns of ownership of necessary information on the questions relating to its powers in the cases established by the law;

12) free acquaintance with documents on passing of service by it;

13) open entry to information on vacant positions in local government body.

2. The employee of local self-government also exercises other rights determined in regulations on executive body rural, settlement, city, district in the city (in case of creation) council, About executive office of regional, regional council, about structural division of the device (executive office) of council, executive body of Council and in the job description.

Article 10. Fundamental obligations of the serving local self-government

1. The employee of local self-government shall:

1) to observe the Constitution and the laws of Ukraine, to act only on the basis of the, within powers and the method provided by the Constitution and the laws of Ukraine;

2) to observe the principles of service in local government bodies and rules of moral conduct;

3) not to allow violation of rights and freedoms of man and citizen;

4) to be respectful to the state symbols of Ukraine and symbolics of territorial communities of villages, settlements, cities, areas and areas;

5) it is obligatory to use state language in case of execution of the job responsibilities, not to allow his humiliation or neglect, intentional misstatement of state language in official documents and texts, to counteract possible attempts of his public humiliation or neglect;

To provide 6) within the conferred powers effective implementation of functions and powers of local self-government;

7) honesty and professionally to carry out the job responsibilities;

8) to carry out decisions of public authorities and local government bodies, orders (orders) and orders of heads issued on the basis and within the powers provided by the Constitution and the laws of Ukraine;

9) to observe requirements of the legislation in the field of prevention of corruption;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info