Donetsk Regional Council: Law on civil-military administrations unconstitutional

Donetsk Regional Council has filed a petition to Vladimir Groysman, Chairperson of the Supreme Rada of Ukraine, for amendments to the Law On Civil-Military Administrations, the Regional Council’s press-office said on March 17.

According to the source, some provisions of the law run contrary to the Constitution of Ukraine and the legislation on the local self-government.

In particular, Donetsk Regional Council says the law lacks any specific criteria of establishing civil-military administrations. The council spotlights Article 3.2 of the Law stipulating that the civil-military administrations are established in one or several populated areas. The council says that the executive bodies in these populated areas fail to fulfill their responsibilities stipulated by the Constitution and the legislation of Ukraine due to de-facto voluntary dissolution or keeping aloof from their responsibilities.

Meanwhile, the Law On the Local Self-Government in Ukraine does not stipulate voluntary dissolution or evasion of responsibilities by the local self-government, the Regional Council says.

In addition, the source reports, under Article 4.1 of the Law, the responsibilities of civil-military administrations established in the populated areas are decided at the plenary sessions of the Council in conformity with the Law on the Local-Self Government in Ukraine. “That is, the executive bodies continue to fulfill their responsibilities. However, the law does not regulate the situation when the executive bodies of a local council fulfill their responsibilities and simultaneously a civil affairs and military administration is established in the same populated area. The relations of these bodies and their subordination are not defined by the law,” the Donetsk Regional Council press office said.

The council suggests clearly defining the powers of the regional and district councils and the civil affairs-military administrations and urges amendments to the other laws of Ukraine too.

As EAD reported earlier, President of Ukraine Petro Poroshenko signed the Law On the Civil-Military Administrations – interim state power bodies with military and civil responsibilities - on February 26. The Supreme Rada passed the law on February 3.