Local councils may be allowed to work even with a critical shortage of deputies

In Ukraine, it is proposed to change the rules for the work of local councils during martial law. If, due to the early termination of the powers of deputies, no more than half, but at least a third of the total composition, remain in the council, it will be able to continue its work and make decisions.

The relevant mechanism is provided for by draft law No. 14405 “On ensuring the authority of local councils during martial law”. The relevant committee of the Verkhovna Rada recommended that the parliament adopt the document as a basis and in general taking into account the committee’s proposals.

What they want to change

The draft law applies to village, settlement and city councils elected in 2020 under the majority system of relative majority in multi-mandate districts, where the number of voters does not exceed 10 thousand.

If, due to the early termination of the powers of some deputies, from a third to a half of the deputies remain in the council, such a council will be able to retain its authority and continue its work.

This is an important change compared to the initial version of the document. Previously, it was proposed that the council could remain valid only if at least half of the deputies were present.

After consultations, it was decided to lower this threshold. The need for changes is explained by the realities of martial law: some deputies may be mobilized, leave the community, or terminate their powers early.

How such councils will work

The draft law also defines the features of convening sessions and adopting decisions by local councils that will work in a reduced composition.

Separately, the document regulates the issue of early termination of the powers of a village, settlement, or city mayor, and also provides guarantees for deputies who are serving in the military.

At the same time, the norm on the mandatory creation of a military administration of a settlement was removed from the revised version if the number of deputies of the local council has decreased below half of its composition.

When the new rules may come into effect

The proposed special order should be in effect during martial law, and after its termination or cancellation – until the opening of the first session of the new composition of the relevant local council elected in the elections.

However, these changes have not yet entered into force. The relevant committee only recommended that the Verkhovna Rada support the draft law. The final decision must be made by the parliament.