POWERS OF LOCAL STATE ADMINISTRATIONS
PROBLEMS WHICH ARE BEING SOLVED BY THE LOCAL STATE ADMINISTRATIONS
According to the Constitution of Ukraine and its laws, the tasks of the local state administrations include working on such issues :
- ensuring the rule of law, protection of civil rights, liberties and legal interests of the citizens;
- socio-economic development of the region’s territories;
- budget, finance and accounting;
- property management, privatisation, entrepreneurship development assistance and state regulatory policy implementation;
- industry, agriculture, building, transport & communication;
- science, education, culture, health care, physical education and sports, family, women, children and minors;
- use of land and natural resources, environment protection;
- foreign economic activity;
- defense work and mobilization training;
- social protection, employment, work and salary.
Local state administrations solve other tasks included in their powers by the laws.
POWERS IMPLEMENTATION OF OTHER STATE BODIES BY THE LOCAL STATE ADMINISTRATIONS
The local state administrations implement the powers of local government, delegated to them by the relevant radas.
The Cabinet of Ministers of Ukraine can pass some powers of the executive branch bodies of higher level to the local state administrations within the confines determined by the laws of Ukraine.
The passing of other state bodies’ powers to the local state administrations is followed by the transference of relevant financial, logistical and other resources needed for the implementation of these powers.
OBJECTS GOVERNED BY THE LOCAL STATE ADMINISTRATIONS
Relevant local state administrations govern objects of state property transferred to them according to the procedures established by the law.
The delegation of relevant powers from district or regional radas to the local state administrations include the latter governing the territorial communities’ common property objects.
The local state administrations are prohibited from using the objects of state and relevant territorial communities property as collateral or other type of insurance, carry out such operations as assignment of claim, debt conversion, debt conversion acceptance, gift, donation.
THE EXERCISE OF STATE SUPERVISION BY THE LOCAL STATE ADMINISTRATIONS
According to the Constitution of Ukraine and its laws, the local state administrations exercise state supervision on relative territories over:
- preservation of state property and its rational use;
- state of financial discipline, accounting and reporting, state contracts and budget responsibilities performance, proper and timely indemnification to the State;
- use and preservation of land, forests, subsoil, water, atmospheric air, flora, fauna and other natural resources;
- preservation of cultural, historic objects and housing stock;
- compliance with production standards, technical conditions and other product quality and certification requirements;
- compliance with sanitary and veterinary regulations, collection, recycling and disposal of industrial, household and other waste types, compliance with beautification principles;
- point no.6 of paragraph 16 is removed;
- compliance with principles of trade, household, transport and utilities services, consumer protection law;
- compliance with legislation on science, language, advertisement, education, culture, health care, maternity and childhood, family, youth and minors, social protection, physical education and sport;
- labour protection, timely wages amount of which is higher or equal to the minimum wage determined by the State;
- compliance with public order, rules of vehicles’ technical operation and traffic;
- compliance with legislation on state secret and information;
- compliance with legislation on the National Archives and archival institutions.
MAIN FIELD POWERS OF THE LOCAL STATE ADMINISTRATIONS
SOCIO-ECONOMIC DEVELOPMENT POWERS
The local state administration:
- composes socio-economic development program projects and apply for their approval to the relevant rada, ensures their fulfillment, gives an account of their fulfillment to the relevant rada;
- ensures the efficient use of natural, human and financial resources;
- develops balances of human, material and financial etc resources, local construction materials and fuel needed for the relevant region’s socio-economic development government; determines the necessary social service level according to the basic social needs guidelines; conducts money calculation and determines the services needed to ensure the basic social needs level established by the laws;
- sends rada the conclusions about the advisability of placing the new enterprises and other objects regardless of ownership form on the relevant territory;
- makes suggestions about creating special (free) economic zones, the changes in their status and territories in accordance with relevant local self-governing bodies;
- considers and makes a decision on projects of plans and events for enterprises, institutions, organization, situated on certain territory in accordance with suggestions of local self-governing bodies;
- develops suggestions for financial and economic justification of the amount of production which must be distributed for State needs at the expense of the state budget; determines the amount of production which is supplied for satisfaction of local needs at the expense of the local self-governing bodies budget and other funding sources on the suggestions of the local self-governing bodies;
- develops and makes suggestions for state social and economic development of Ukraine projects, long-term forecast and projects of indicative relevant national economy development plans, their financial and economic support.
BUDGET AND FINANCE FIELD POWERS
The local state administration:
- develops the project of relevant budget, submit it to rada for approval, ensures its implementation; gives an account of its implementation to the relevant rada;
- sends the financial figures and suggestions for the government budget of Ukraine project, suggestions for the sum of the government budget for their distribution among territorial communities, amount of dotation subsidies, data about changes in objects of budget funding, financial resources balance for its consideration in determining the amount of subventions and budget equalizations according to the basic social needs ensurance to the executive branch bodies of higher level according to the established procedure;
- receives the information foreseen by the statutory rules for budget development and realization from all entrepreneurial activity subjects regardless of the ownership forms;
- implements the funding of enterprises, institutions and organizations concerned with education, culture, science, health care, physical culture and sport, social protection which were transferred into the government of the local state administration according to the lawfully established procedure by the state and executive branch bodies of higher level or local self-governing bodies which represent the common interests of territorial communities; also implements the funding of events connected with utilities sector development, beautification and road construction, conservation and public order protection, other events approved by the laws;
- combines the budget funds with the funds of enterprises, institutions, organizations and citizens under the terms of a contract in common interest of territorial communities for building, expansion, reconstruction, repairment and maintenance of manufacturing enterprises, transport, networks of heating, water, gas and energy supply, roads, communication, community services, institutions concerned with health care, trade, education, culture, social protection of utilities sector including the purchase of them to satisfy the needs of people;
- implements the investment activity regulation according to the established procedure;
- develops and determines the consumption norms in utilities sector and controls the compliance with them.
Powers in the field of the Land use and Protection, Natural resources and Protection of the environment
Local State Administration:
1) Develops and provides legally binding fulfillment of rational lands and forests usage and rising state-owned soils’ fertility programs;
2) Disposes of lands that are state property according to the law;
3) Develops, refers for consideration to the corresponding council and provides the regional ecological program fulfillment; reports to the corresponding council about their fulfillment; submits proposals about state ecological programs to the corresponding bodies;
4) Takes action about the compensation for losses incurred in the case of the environmental protection low violation done by factories, enterprises, organizations and citizens;
5) Submits proposals about territories and nature reserve funds of local importance organization to the corresponding local authorities;
6) Informs people about environmentally hazardous accident and situations, state of the environment, the events held for its improvement;
7) Organizes environmental incident results liquidation, involves there organizations, enterprises, institutions despite the form of ownership and citizens;
8) According to the low submits proposals about suspension of organizations, enterprises, institutions despite the form of ownership in the case of their environmental protection law and health standards violation;
9) Develops and assures compliance with rules of intakes made for the drinking, everyday and other citizens’ needs usage, zones of sanitary protection of water sources; limits or forbids enterprises’ drinking water usage for industrial purposes;
10) Controls waste management according to their recourse value and human health and environment safety requirements and takes into consideration the cases of administrative offence or takes their materials to other government bodies in the case of waste law violation.
Powers in the field of Science, Education, Healthcare, Culture, Physical culture and Sport, Motherhood and Childhood, Family and Youth Affairs
Local State Administration:
1) Implements state policy in the sphere of Science, Education, Healthcare, Culture, Physical culture and Sport, Motherhood and Childhood, Family and Youth Affairs;
2) Contributes to the development of science and technology, regional scientific-technical programs, new eco-friendly technologies implementation, the technical level of production level and quality rising, scientific and technological problem of high importance in affectivity and competitiveness rising solution, provides inventors and innovators’ rights protection and new regional innovation centers and technology parks development;
3) Makes programs about complete secondary education mandatory, controls scientific, educational, healthcare, sport and physical culture institutions that belong to the sphere of its powers, material and financial support;
4) Takes action to preserve network of scientific, educational, healthcare, sport and physical culture institutions and prognoses their development taking it into account making socio-economic development programs’ projects;
5) Takes actions for infectious diseases, epidemics, epizootic prevention and their liquidation;
6) Organizes healthcare institutions functioning, provides established privileges and assistance connected with motherhood and childhood protection, large families living conditions improvement;
7) Provides the law of versatile development and Ukrainian language functioning as the state one in all the spheres of public life fulfillment provides favorable conditions for the languages of other nationalities development and usage;
8) Takes part in dealing with the question of defining the place as a resort, establishing sanitary protection zones of resorts and their mode determination
9) Contributes to creative association, national and cultural societies, foundations, associations, women, youth, children and other community organizations functioning.
Powers in the field of Social security and Protection of the population
Local State Administration:
1) Implements state policy in the sphere of social security and protection socially disadvantaged population groups – pensioners, disabled people, lonely disabled people, orphaned children, children deprived of parental care, single mothers, large families and another citizens that need social protection from the state as a result of lack of material security;
Contributes to their social security, correct and timely allocation and payment of state pensions, presentation of address social help and support, the appointment and payment of targeted financial assistance and other social protection compensatory measures;
2) Creates the net, provides strengthening and development of social protection institutions logistics facilities, raising of the level and quality of their service;
3) Develops and provides implementation of comprehensive programs to improve service of socially disadvantaged population groups and comprehensive development of their service;
4) Provides disabled people employment, contributes to their education, acquiring necessary skills, material and household service, convalescent facilities and sanatorium and health-spa treatment for invalids, veterans of war and labor and citizens suffering as a result of the Chernobyl disaster; contribute to prosthetic and orthotic care, provides invalids with the means of transportation and rehabilitation; establish custody of adults capable persons who for health reasons need care;
5) Provides subsidies for housing and communal services rendering in the established order;
6) Supports public and religious organizations, charity and individual citizens in getting help to socially disadvantaged citizens;
7) Carries out activities of social patronage of persons sentenced to restraint of liberty or imprisonment for a specified period;
8) Addresses issues concerning establishment, reorganization and liquidation of residential homes for older people, people that need medical help in connection with tuberculosis, disabled of the first and second groups, sentenced to restraint of liberty or imprisonment for a term;
9) Addresses issues concerning custody, creating conditions provided by law for the education and / or placing children which in connection with parents’ death, deprivation of parental rights, parental illness or other reasons without parental care in connection with the death of parents, deprivation of parental rights, parental illness or other reasons without parental care, about the protection of the personal and property rights and interests of children and takes other measures for social protection of children.
Powers in the field of Employment, Labor and Payment
Local State Administration:
1) Provides state’s guarantees in the sphere of labor including the right of timely getting payment for labor;
2) Develops and assures the fulfillment of prospective and current local employment programs and measures for social protection of different groups from unemployment;
3) Ensures carrying out according to the low paid public works for persons registered as unemployed;
4) Provides social protection of people employed in jobs with hazardous working conditions in enterprises, institutions and organizations of all forms of ownership and quality certification of workplaces;
5) Takes part in collective bargaining and the conclusion of regional tariff agreements, settlement of collective labor disputes (conflicts);
6) Takes part in bringing production facilities for socio-economic development and getting convicted professions that are in demand on the labor market.
Powers in the field of Law and order ensure, Human rights and freedoms
Local State Administration:
1) Ensure implementation of the Constitution and laws of Ukraine, decisions of the Constitutional Court of Ukraine, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, other state authorities;
2) Ensures the implementation of public safety protection measures, public order, fighting crime;
3) Provides a review of appeals of citizens and their associations, monitors the work of local authorities, factories, enterprises and institutions located on the corresponding territory;
4) Provides legal education of the citizens;
5) Considers and makes proposals on giving state awards of Ukraine;
6) Ensure the implementation of legislation concerning the questions of citizenship connected with staying of foreigners and stateless persons, helps law-enforcement bodies in compliance with the rules of the passport system
7) Carries out the activities connected with accommodation, employment, welfare and health care of refugees and deportees who voluntarily return to their former areas of residence development and fulfillment;
8) Ensures implementation of national minorities and migration, freedom of thought and expression, freedom of belief and religion low;
9) In the case of natural disasters, accidents, epidemics, epizootics, fires and other emergencies declares emergency zones; carries out activities related to the maintenance of public order, lifesaving, protect of health and rights, preservation of property;
10) Contributes to the work of emergency services at the place of dislocation, during their going to the emergency services at the place of dislocation and emergency response, particularly by providing them with all the necessary transport and other materiel and services;
11) Approves the draft plan of potentially dangerous action with the presence of civilians, with the participation of the Armed Forces of Ukraine and other military formations and law enforcement agencies with the use of weapons and military equipment; cooperates with the military administration in planning and carrying out of measures to prevent and avoid emergencies and response;
12) Informs people about potential danger or emergency accidents during on the events with the presence of civilians, with the participation of the Armed Forces of Ukraine and other military formations and law enforcement agencies with the use of weapons and military equipment;
13) Deals with the issues concerning elections and referenda and administrative-territorial structure within the limits set by law;
14) Deals with cases of administrative offence that in its sphere of power, creates administrative and supervisory commissions and coordinates their activities;
15) Manages archives and record keeping;
16) Paragraph 16 Article 25 repealed;
17) Provides measures on social adaptation of persons serving punishment of restraint of liberty or imprisonment for a specified period;
18) Provides measures on persons sentenced to restraint of liberty or imprisonment for a specified period and require medical care due to tuberculosis;
19) Contributes to the implementation of the State Register of voters according to law.
Powers in the field International and Foreign Economic Relations
Local State Administration:
1) Ensures fulfillment of obligations under international treaties of Ukraine on the corresponding territory;
2) Contributes to international cooperation in the field of economics, human rights, combating terrorism, environmental security, health, science, education, culture, tourism, physical culture and sports;
3) Makes deals with overseas partners on cooperation within the scope defined by law;
4) Contributes to foreign economic relations and relations with of enterprises, institutions and organizations located in its territory, regardless the form of ownership;
5) Promotes export base and increases production for export;
6) Organizes border and coastal trade;
7) Contributes to customs and border services work and to the creation of conditions for their proper functioning;
8) Submits proposals to appropriate authorities about foreign investment attraction for development of the economic potential of the territory.
Powers in the field of Defense
Local State Administration:
1) Ensures the implementation of legislation on conscription of officials and citizens, enterprises, institutions and organizations;
2) Carries out activities related to mobilization training, civil defense on the territory;
3) Ensures enforcement of the benefits established for war veterans and persons equated to them, military personnel discharged from military service, as well as the benefits and assistance to families conscripts;
4) Facilitates the preparation of young people for military service, carrying out conscription of citizens for military and alternative (non-military) service;
5) Takes measures to create appropriate conditions for the functioning of checkpoints across the state border of Ukraine.
(Low, Verkhovna Rada of Ukraine, from 09.04.1999, № 586-XIV “About local state administrations”)
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