On January 6, 2025, the President of Ukraine signed Law 3703-IX, "On Amendments to Certain Laws of Ukraine on Democracy at the Local Government Level" (hereinafter referred to as the Law "On Democracy in Communities"). This historical event opens new opportunities for citizens, particularly for more than 4.6 million internally displaced persons (IDPs), as it equates them to community residents and allows them to participate in decision-making and influence the lives of the communities where they live. The Law is also a significant step towards fulfilling our country's European integration commitments, as the European Commission, in its 2024 report, gives a positive opinion on the Law and emphasizes the need for the President to sign it.
This is a full-fledged law that has already come into force. According to this Law, all village, town, and city councils must adopt new community charters or bring them in line with the Law by January 1, 2027.
Why is this Document a Historic Step in the Development of Local Democracy?
In May, the Verkhovna Rada of Ukraine supported the Law "On Democracy in Communities" with a constitutional majority of votes (317 MPs in favor). The document is one of the few in the last 27 years aimed at developing public participation at the local level. The previous changes in this area occurred in 1997 with adopting the Law "On Local Self-Government in Ukraine."
The Law "On Democracy in Communities" provides 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 Charter introduces classical forms of public participation (local initiative, public hearings, general meetings of residents, work of advisory bodies under local self-government bodies (hereinafter - LSG)) and modern tools - participation in local budget planning, public consultations, public evaluation of LSG activities.
It is also worth noting that such strategic documents envisaged the adoption of the Law as the National Strategy for Promoting the Development of Civil Society in Ukraine 2021-2026 and the Decentralization Roadmap 2024: Reform of Local Self-Government and Territorial Organization of Power.
Opportunities Provided by the Law
The Law "On Democracy in Communities" is a revolutionary step that allows millions of Ukrainian citizens to get involved in community life. As of the end of 2024, only 45% of local councils had adopted a territorial community charter, and even fewer had properly established public participation tools. The Law aims to increase this figure to 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 lived in their communities for years, have been able to participate in their lives on an equal footing with other residents: vote on budget drafts, submit local initiatives, or join public hearings.
Young people aged 14 gained access to influence decisions in youth policy and all matters of community life. They can join public hearings, public consultations, and advisory bodies at local authorities. IDP youth now have equal rights in the community.
Each community will have its own Charter - a "small Constitution" that will consider its peculiarities and regulate the forms of communication between local authorities and residents, from public hearings to public consultations.
One of the mandatory sections in the community charter should be the "Procedure for reporting to residents by community heads, local council members, and starostas." Each head, council member, and starosta must report their work to the residents at a public event. This will help build trust, establish communication, and help residents understand the government's efforts to improve community life.
A Key Solution for Rebuilding and Implementing International Standards
In peacetime, democracy is formed through elections. In wartime, when elections are impossible, alternatives are needed to allow citizens to be heard. The Law "On Democracy in Communities" provides such tools. Citizens will be able to influence the decisions of local authorities, build trust, and cooperate to rebuild the country.
In addition, this document is vital for Ukraine's European integration. It considers the recommendations of the Council of Europe and meets our country's commitments to international partners. In particular, the Law "On Democracy 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 to expand citizens' rights to participate in decision-making by local governments and ensure the development of local democracy.
It should be noted that in the Ukraine Facility Plan 2024-2027, the European Commission emphasizes the need to create conditions for increasing the level of citizen engagement in decision-making at the local level. This implies the adoption of amendments to the Law of Ukraine "On Local Self-Government in Ukraine." In particular, the emphasis is on expanding opportunities for different categories of residents, including vulnerable groups, to participate in advisory bodies, planning, budgeting, and decision-making processes.
The Role of Civil Society
In 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 civic participation tools for stability, transparency, and development. The Ukrainian Center for Independent Political Research (UCIPR) initiated the collection of signatures together with the NGO Public Holding' GROUP OF INFLUENCE'.
We welcome the President of Ukraine's signing of the Law "On Democracy in Communities" 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 Lukinyuk, expert of the USAID project “Ukraine Civil Society Sectoral Support Initiative”
The article was published in the "Columns" section of Ukrayinska Pravda.
The material was created within the framework of the Sectoral Support Initiative for Ukraine Civil Society Support Activity implemented by ISAR Ednannia in consortium with UCIPR and the Center for Democracy and Rule of Law thanks to the generous support of the American people through the United States Agency for International Development - USAID Ukraine. UCIPR is solely responsible for the contents, which do not necessarily reflect the views of USAID or the United States Government.