Local democracy and the development of local self-government during and after the war are important issues that are on the verge of two parallels that are crucial for Ukrainian statehood today: the armed aggression against Ukraine and the EU accession negotiations.

Having proclaimed its course towards European integration, Ukraine is obliged to implement the highest standards of realization and protection of local self-government in its legislation. Moreover, local self-government is the guarantor and measure of democracy and state development in modern European democracies. Therefore, Ukraine must strengthen its legislation and expand the rights of communities. And this is extremely difficult in the face of the constant threat from Russia.

Since 2022, capable territorial communities in all parts of Ukraine have become an important element of resistance during the full-scale Russian aggression and have proved that decentralization not only does not weaken (as opponents of the reform believed), but also significantly increases the stability and unity of the state, which is exacerbated by the threat to the sovereignty and territorial integrity of the entire state.

As part of the negotiation process on Ukraine’s accession to the EU, our state must present the public administration system, the prospects for its development, and prove that local self-government effectively performs its functions, is independent and capable, and properly addresses issues of local importance defined by law. This is something that the state should take into account when developing policies to restore local self-government and territorial organization of power, strengthening its democracy and transparency, especially in the context of post-war recovery. 

In particular, let us recall the Ukraine Plan, which imposes on Ukraine the task of adopting a number of draft laws, in particular, No. 4298 Draft Law on Amendments to the Law of Ukraine “On Local State Administrations”, No. 8222 Draft Law on Amendments to the Law of Ukraine “On Civil Service” to introduce uniform approaches to remuneration of civil servants based on the classification of positions. It will also be necessary to regulate the division of powers between central and local authorities. And in general, we will have to fulfill further obligations under Chapter 22 “Regional Policy and Coordination of Structural Fund Instruments” during the negotiation process on Ukraine’s accession to the EU.

Local democracy cannot be absolute in the context of martial law. However, the Parliament has demonstrated its willingness to enhance opportunities for cooperation between citizens and local authorities. A good example was the adoption of the draft law No. 7283 on amendments to the Law “On Local Self-Government in Ukraine” and other legislative acts of Ukraine on democracy at the local government level. This document will facilitate citizen participation in decision-making at the local level and ensure effective cooperation between local authorities and community residents. 

Just as local self-government strengthens the state in many areas, including support for Ukraine’s security and defense forces, the state responds promptly to challenges and threats to local authorities and uses mechanisms to introduce temporary entities (military administrations of settlements) that either strengthen or completely take over the rights of local authorities. Ultimately, the relationship between the state and local governments is constantly in flux, which is especially true during the war.

Yuriy Mykytyuk, Head of Regional Programs, Deputy Head of Advocacy and International Relations Department

The material was published within the framework of the project “Democratic Integration, Resilience, and Engagement” (Ukraine-DARE), implemented by Democracy Reporting International (DRI) in cooperation with the Reanimation Package of Reforms Coalition and the Center for Political and Legal Reforms with the financial support of the Federal Foreign Office of Germany. The project aims to facilitate the approximation of Ukrainian legislation to the EU norms, build a dialogue on the challenges to democracy in Ukraine during the war, and promote civic engagement of young people. The opinions and views expressed in this material do not necessarily reflect the position of the Federal Foreign Office of Germany.