Regulations
| SECTIONS OF THE REGULATIONS |
| Section I. GENERAL PROVISIONS |
| Section II. CITY COUNCIL SESSION |
| Chapter 1. Organization of the City Council session |
| Chapter 2. Planning of the Council's work. Preparation of draft decisions and other documents of the session |
| Chapter 3. Procedure for preparation and review of draft regulatory acts |
| Chapter 4. Prevention and settlement of conflicts of interest |
| Chapter 5. Agenda of the session. |
| Chapter 6. Plenary meeting of the city council |
| Chapter 7. Decision-making procedure at the plenary meeting of the council |
| Chapter 8. Minutes of the plenary meeting of the council |
| Chapter III. STANDING COMMITTEES OF THE CITY COUNCIL |
| Chapter IV. TEMPORARY CONTROL COMMISSIONS OF THE CITY COUNCIL |
| Section V. DEPUTY OF THE CITY COUNCIL |
| Section VI. DEPUTY'S REQUEST and APPEAL, DEPUTY'S QUESTION |
| Chapter VII. DEPUTY GROUPS AND FACTIONS |
| Section VIII. MAYOR |
| Chapter IX. CITY COUNCIL SECRETARY |
| Section X. EXECUTIVE COMMITTEE OF THE CITY COUNCIL |
| Chapter XI. APATAT OF THE TROSTIANET CITY COUNCIL |
| Chapter XII. CONTROL ACTIVITY OF THE CITY COUNCIL. FINAL PROVISIONS |
Section I. GENERAL PROVISIONS
Article 1.
This Regulation defines the procedure for the activity of the Trostyanets City Council of the Trostyanets District of Sumy Oblast (hereinafter referred to as the City Council) – a representative body of local self-government that represents the united territorial community and performs on its behalf and in its interests the functions and powers of local self-government defined by the Constitution of Ukraine. The Law of Ukraine "On Local Self-Government in Ukraine", "On Voluntary Unification of Territorial Communities", "On the Status of Deputies of Local Councils", "On Service in Local Self-Governing Bodies", "On the Basics of State Regulatory Policy in the Field of Economic Activity", " On prevention of corruption", "On information", "On access to public information", "On protection of personal data" and other legislative acts of Ukraine.
Article 2
The powers of deputies of the city council in carrying out their activities are regulated by the Laws of Ukraine "On local elections", "On the status of deputies of local councils", this Regulation, Regulations on bodies formed by the city council.
Article 3.
The city council is a legal entity, has a seal with the image of the State Coat of Arms of Ukraine and its name. The Council has the right to enter into agreements and contracts within its competence in accordance with the current legislation. The State Flag of Ukraine, the flag of the city of Trostyanets and the Flag of Europe fly above the building where the city council and its executive committee work.
Article 4.
The activities of the city council are carried out openly, publicly, with the exception of the cases provided for in this Regulation. Publicity of the work of the city council is ensured in accordance with the procedure provided for by the Law of Ukraine "On the procedure for covering the activities of state authorities and local self-government bodies in Ukraine by mass media", as well as the Laws of Ukraine "On Information", "On Access to Public Information", "On Protection personal data".
Article 5.
During open plenary meetings of the City Council, meetings of the permanent and temporary control commissions of the City Council, in addition to deputies, the mayor, the secretary of the City Council, officials of the City Council who ensure the meeting, citizens, representatives of self-organization bodies of the population have the right to be present ( members of house, street and neighborhood committees), as well as persons invited to participate in the session of the city council in accordance with Article 17 of these Regulations.
A closed session of the city council may be held in exceptional circumstances, if it is due to the establishment of a special mode of operation of state authorities and local self-government bodies in accordance with the current legislation of Ukraine. the specifics of the issue that must be considered, in case of obstruction by outsiders to the conduct of the session of the city council, at the proposal of the chairman, which is decided by the majority of deputies present at the meeting.
Persons whose presence is necessary for consideration of the relevant issue have the right to be present at the closed plenary meeting. The participants of the closed plenary meeting are prohibited from using photo, video recording, communication, sound recording and information processing means, except for the protocol audio recording made by the relevant executive body of the city council. If the decisions made as a result of the closed meeting do not contain data, the disclosure of which would lead to a violation of the legislation in the field of information and the corresponding secrecy, it is made public in the manner established by these Regulations.
Article 6.
The language of official communication, record keeping and documentation of the council, its executive committee, departments and other executive bodies is the state language.
Section II. CITY COUNCIL SESSION
Chapter 1. Organization of the City Council session
Article 7.
Sessions of the city council are the main form of its activity and take place in the form of plenary meetings of the council, as well as meetings of the council's permanent commissions.
Article 8.
The first session of the city council of the new convocation is convened by the city election commission no later than two weeks after the registration of newly elected city council members in the number that ensures the authority of the council. It is opened by the head of the relevant election commission, who informs the council about the results of the elections of deputies and the mayor of the united territorial community and the recognition of their powers.
Since the recognition of the powers of council deputies of the new convocation and the newly elected mayor, the newly elected mayor presides over the plenary meetings of the council of the first session.
In the event that the city mayor is not elected at the time of the first session, which is informed by the head of the city election commission at the council session, the council elects a temporary presidium from among council deputies in the number of three to five people, with equal representation from each political force, which entered the city council. The members of the temporary presidium alternately preside over the plenary meetings of the council until the secretary of the council is elected. Since the election of the secretary of the council, he has presided over the plenary meetings of the council.
Article 9.
Subsequent sessions of the city council are convened by the mayor as necessary, but not less often than once a quarter, and on the issues of allocating land plots and providing documents of a permissive nature in the field of economic activity - not less than once a month.
Sessions can be regular or non-regular.
If necessary, the council can make a decision to hold a plenary session for several days, as well as announce a break in the plenary session to process documents, hold meetings of the council's standing commissions, deputy groups and factions, invite officials of enterprises, institutions, organizations, etc.
Article 10.
The access regime and protection of order at the meetings of the council takes place in accordance with the Regulation on the organization of the access regime and security in the administrative buildings of the Trostyanets City Council.
Article 11.
Illegal interference in the work or obstruction of the work of the city council by a person present at a plenary meeting is grounds for an appropriate warning to the chairperson of the meeting and removal from the plenary meeting in the event of such actions being repeated.
Article 12.
In the case of an unmotivated refusal of the city mayor or his inability to convene a session of the council, the session is convened by the secretary of the city council.
In these cases, the city council session is convened:
1) in accordance with the mandate of the city mayor;
2) if the mayor, without valid reasons, did not convene a session within a two-week period after submitting a proposal to convene a session by at least one-third of the deputies from the general composition of the city council, the executive committee of the Trostyanets City Council;
3) if the session is not convened by the mayor within the time limits stipulated by the Law of Ukraine "On Local Self-Government in Ukraine".
The session of the city council must also be convened on the proposal of at least one-third of the deputies from the general composition of the city council, the executive committee of the city council.
The council session is convened to consider an electronic petition that has received the required number of signatures within the time limit set for its consideration.
If the mayor or the secretary of the city council does not convene a session within a two-week period on the proposal of at least one-third of the deputies from the general composition of the city council, the executive committee of the city council, or if such positions are vacant, the session may be convened by deputies of the city council councils, which are not less than 1/3 of the total composition, or the permanent committee of the council.
Article 13.
The order on the convening of the session of the city council is brought to the attention of the deputies of the city council and the population no later than 10 days before the session, and in exceptional cases - no later than a day before the session, indicating the time of the convocation, the place of the meeting and the issues to be considered city Council. The order of the mayor on the convening of the next session of the city council, indicating the issues to be considered, the place and time of the meeting, are published on the official website of the Trostyanets city council.
Draft council decisions and other documents are provided to deputies no later than 3 days before the opening of the session.
With the consent of the deputy of the council and if it is technically possible, the documents are sent to him by e-mail.
Article 14.
An extraordinary session is convened within a week after receipt of a proposal to convene it if there are sufficient grounds and issues that require immediate resolution and are within the exclusive competence of the City Council.
A proposal to convene an extraordinary session can be submitted by the mayor (secretary of the city council), deputies of the city council, who make up at least 1/3 of the total composition of the council, and the executive committee.
In the case of convening a session on the initiative of persons other than the mayor or the secretary of the city council, motivated proposals for convening an extraordinary session, signed by the initiator, indicating the issues proposed to be considered, draft decisions of the council, drawn up in accordance with the requirements of Chapter 2 of these Regulations, are sent to the council apparatus.
If the mayor has reasonable objections to the necessity of convening an extraordinary session, they shall be submitted in writing to the initiators of convening an extraordinary session within three working days. In case of agreement with the conclusions of the mayor, the initiators officially withdraw their proposals within three working days.
In the case of an unmotivated refusal of the mayor to convene an extraordinary session, it shall be convened by the secretary of the city council within the time limits provided for in part one of this article.
In the event that the mayor or the secretary of the city council does not convene an extraordinary session, it can be convened by the deputies of the city council, who make up at least 1/3 of the total composition of the city council.
Article 15.
The order of the mayor on convening an extraordinary session is published on the official website of the city council no later than one day before its opening, indicating the issues proposed for consideration by the extraordinary session of the city council.
Materials for an extraordinary session of the city council are provided to deputies no later than one day in advance, and in exceptional cases - on the day of the opening of the session.
Article 16.
Before the beginning of each plenary meeting of the council, registration of deputies is carried out. Registration is provided by the general department of the council's apparatus.
In case of impossibility to come to the session, the deputies inform the secretary of the council or the mayor in advance.
Before the opening of the session, the chairman informs those present about the results of registration.
Article 17.
A session of the city council is considered valid if more than half of the deputies from the general composition of the city council participate in its plenary session. If in the process of the plenary meeting it becomes clear that the city council is not authorized, then the mayor must announce a break and if, after taking measures, the number of deputies does not meet the requirements for its authority (lack of quorum), then the mayor closes the session of the city council, or this plenary session meeting. In the absence of a quorum, the session is postponed to another time by order of the mayor.
Article 18.
People's deputies of Ukraine, deputies of the regional council, district council, and elders may be invited to the session of the city council. If necessary, heads of state, communal and other forms of ownership of enterprises, institutions and organizations, executive bodies of the city council, political, public organizations, self-organization bodies of the population, labor collectives, the press, radio, television and other persons are invited to the session of the city council.
On the day of the session of the city council, permission for the presence of invited persons, not included in the list of invitees, is granted by the mayor or the chairman of the session.
Proposals regarding the circle of invitees are submitted no later than three days before the plenary session by standing commissions, deputies, and bodies that submit issues for consideration. Based on these proposals, the secretary of the council forms a list of invitees.
For those invited to the session, seats in the meeting hall are allocated separately from seats for deputies. Invited persons must not interfere with the work of the session and must observe order. In case of violation of order, invited persons who are suspected of violation of order, interfere with the meeting, do not respond to the chairperson's remarks, may be deprived of the right to attend the session by the decision of the session.
If the number of persons who wish to be present at the plenary meeting of the City Council cannot be accommodated in the meeting hall without prejudice to the holding of the meeting, the persons who wish to be present in the meeting hall shall designate their representatives, whom the authorized persons of the City Council shall place in the meeting hall in separately allocated places
Chapter 2. Council work planning.
Preparation of draft decisions and other documents of the session
Article 19.
The council's work is planned for a year. Proposals regarding issues to be considered at the plenary meetings of the council are made by the mayor, heads of permanent commissions, deputies, the executive committee of the council, general meetings of citizens.
The draft plan of the council's work is preliminarily considered by the permanent commissions of the city council, submitted to the session by the mayor and approved by the decision of the council no later than the first session of the new year.
At the plenary meetings of the council, at least once a year, a report on the progress of the council's work plan is heard.
Article 20.
Draft decisions for plenary meetings of the city council are presented by the mayor, secretary of the city council, deputies, heads of standing commissions, deputy mayors, elders, heads of departments, other executive bodies of the council no later than 10 days before the session of the city council. In cases of urgency to resolve the issue or extraordinary convening of the session, the materials can be provided in a shorter time, but no later than the beginning of the session.
Draft decisions of the council, which are subject to discussion (namely, of a regulatory nature), are published on the official web portal of the city council in accordance with the procedure provided for by the Law of Ukraine "On Access to Public Information", except for cases provided by law, when such draft acts are published immediately after their preparation
Article 21.
As a rule, the document on the basis of which the project was prepared, reference, statistical data with comparative analysis, etc. is submitted together with the draft decision of the council.
The draft decision of the council must necessarily have a reference to the normative legal acts on the basis of which this decision is made.
Article 22.
Draft decisions of the city council are submitted with a letter of approval, which is endorsed in the following sequence, respectively:
- executor of the draft decision;
- the head of the department of the developer of the decision project, or the enterprise, organization, institution (if necessary);
- the head of the department of legal support of the apatat of the council;
- deputy mayors according to the division of duties;
- secretary of the city council.
If there are comments to the draft decision, the specified draft is approved by the official who has comments, with the note "with comments", which are written here or on a separate sheet that is attached to the draft decision.
After all necessary visas are available on the approval sheet, the project is submitted to the mayor for approval. In the case of agreement with this draft decision or after making minor clarifications, the mayor puts his visa in the form of the word "AGREED" and his personal signature in the upper left corner of the draft decision. The draft decision approved by the mayor is subject to mandatory publication on the council's official website in accordance with current legislation, for which the initiator must submit an electronic version of the draft to the general department of the city council's staff. After that, the draft decision can be included in the agenda of the session, printed and added to the materials provided to the deputies for perusal.
Article 23.
Responsibility for the content of the decision of the city council is equally borne by all persons who approve it.
The secretary of the city council returns draft decisions of the city council that require revision to the persons who prepared the draft for editing, checks the authenticity of the changes made. The deadline for finalizing the draft decision is no more than three days.
The draft decisions of the council, if necessary, should contain a clause regarding officials of the council's staff or standing commissions of the council, who are entrusted with control over their implementation.
Article 24.
Draft council decisions submitted in violation of this Regulation shall be returned to the persons who submitted them.
Chapter 3. Procedure for preparation and review of draft regulatory acts
Article 25.
Decisions of the city council of a regulatory nature (regulatory acts) are submitted for consideration at sessions of the city council in accordance with the activity plan for the preparation of draft regulatory acts, which is adopted in accordance with the legislation.
Regarding each draft regulatory act, its developer prepares an analysis of the regulatory impact. The regulatory impact analysis is signed by the developer of the draft regulatory act.
Article 26.
Each draft regulatory act is made public for the purpose of receiving comments and suggestions from individuals and legal entities, their associations, which the developer reports in the printed mass media, and is posted on the official website of the Trostyanets City Council on the Internet.
The period during which comments and suggestions are accepted from individuals and legal entities, their associations, is established by the developer of the draft regulatory act and cannot be less than one month and more than three months from the date of publication of the draft regulatory act and the corresponding analysis of the regulatory impact.
Submitted comments and suggestions are taken into account by the developer of the draft regulatory act or rejected with reasons.
Each draft regulatory act submitted to the city council for consideration is submitted to the city council secretary, who, within two working days, forwards the draft to the standing committee on mandate, parliamentary activity, ethics, legality and regulatory policy (hereinafter referred to as the responsible standing committee) for study and providing an expert opinion on the regulatory impact of the draft regulatory act.
The Standing Mandate Committee on the Matters of Deputy Activity, Ethics, Legality and Regulatory Policy ensures the preparation of an expert opinion on the regulatory impact of the submitted draft regulatory act, which, together with this draft and a signed analysis of the regulatory impact, is submitted to the authorized body for
preparation in accordance with the procedure established by the Cabinet of Ministers of Ukraine for proposals to improve the project in accordance with the principles of state regulatory policy (hereinafter - proposals of the authorized body).
The mandated permanent commission on issues of deputy activity, ethics, legality and regulatory policy ensures the preparation of an expert opinion on the regulatory impact of the submitted draft regulatory act within 10 days.
Article 27.
On the basis of the analysis of the regulatory impact, which was accompanied by the draft regulatory act when it was submitted to the council session, as well as the expert opinion on the regulatory impact of this project and the proposals of the authorized body, the responsible permanent commission prepares its conclusions on the compliance of the draft regulatory act with the requirements of Articles 4 and 8 of the Law of Ukraine "On the principles of state regulatory policy in the field of economic activity".
In the cases defined by the second part of Article 33 of this Law, such conclusions are prepared on the basis of an expert opinion on the regulatory impact and proposals of the authorized body.
The conclusions of the responsible permanent commission and the proposals of the authorized body are submitted for study to the permanent commission, whose scope of responsibilities includes monitoring the review of the draft regulatory act in the council, except for cases when the responsible permanent commission is such a permanent commission.
Article 28.
In the case of a motivated submission by a member of the council, a permanent commission of the council, the responsible permanent commission may make a decision to ensure the preparation of an expert opinion on the regulatory impact of the draft regulatory act introduced by this deputy of the council, by the permanent commission of the council without analysis of the regulatory impact.
Article 29.
When presenting the draft regulatory act at the plenary session of the council, the chairman of the responsible permanent commission reports the conclusions of this permanent commission on the compliance of the draft regulatory act with the requirements of Articles 4 and 8 of the Law of Ukraine "On the Basics of State Regulatory Policy in the Field of Economic Activity".
Article 30.
Decisions of the city council of a regulatory nature are officially published in the printed mass media no later than ten days from the day of their adoption and signing and are posted on the official website of the city council on the Internet no later than five working days from the day of their adoption.
Chapter 4. Prevention and settlement of conflict of interests
Monitoring compliance with the requirements of the law in matters of preventing and resolving conflicts of interest, providing the mayor, council secretary, and city council members with consultations and clarifications regarding the prevention and resolution of conflicts of interest, dealing with property that may be unlawful benefits and gifts, is entrusted to permanent mandate committee on matters of deputy activity, ethics, legality and regulatory policy of the Trostyanets City Council (hereinafter referred to as the corresponding permanent commission).
Article 32.
During its meeting, the relevant permanent commission must involve in the discussion of the issue of conflict of interests the representative of the legal support department of the city council apparatus and, if necessary or at the insistence of the person with respect to whom there is a conflict of interest, other specialists of the city council apparatus or deputies from other commissions of the city council, independent experts on legal issues or corruption prevention issues.
Article 33.
In the case of preparing a draft decision and submitting it to the session of the city council for consideration, the decision contains a private interest or causes a conflict between the personal property, non-property interests of the city mayor, the secretary of the city council, deputies of the city council or persons close to them and their official powers, the presence of which may affect for objectivity or impartiality when making a decision of the session, these persons are obliged to:
- to report this in writing no later than the next working day from the moment when the person became aware of the existence of a real or potential conflict of interest, to the relevant standing commission of the council;
- a written statement about the existence of a conflict of interests is registered by the general department of the city council in the reception room of the city mayor in the log of incoming correspondence of the city council and is submitted for consideration by the relevant permanent commission;
- the commission submits to the meeting of the city council information that the mayor, the secretary of the city council or an individual deputy has independently reported the existence of a conflict of interest, asks to include in the agenda the possibility of this person to speak with a corresponding statement, and reports on the procedure for resolving the conflict of interest during preparation and consideration of this issue;
- settlement of a potential or real conflict of interest can be done by:
- non-participation of a person with a conflict of interest in the preparation and approval of this decision;
- non-participation of a person with a conflict of interest in voting during consideration of this decision at a meeting of the specialized standing commission and a plenary meeting of the council;
- in the event that the non-participation of the mayor, secretary of the city council or deputy of the city council in the adoption of a separate decision or decisions by the Trostyanets City Council will lead to the loss of the authority of the council, the participation of such a person in decision-making must be carried out under external control. The decision to carry out external control is made at the same plenary meeting of the city council;
- the statement about the existence of a conflict of interests is read by the person who has a conflict of interests at the plenary session before voting for the above-mentioned decision and is added to the minutes of the session;
- the chairman of the relevant permanent commission, or the chairman (with consent) announces the commission's decision on ways to resolve the conflict of interests that has arisen;
- the chairperson puts to a vote the proposal of the permanent commission regarding the settlement of the conflict of interests that has arisen, while the person whose conflict of interest is being decided upon does not take part in the vote;
- if this proposal is accepted, voting for the decision regarding which a conflict of interest has arisen is taken in the order proposed by the relevant standing commission;
- in the event that the proposal of the relevant standing commission to resolve the conflict of interest that has arisen is not accepted, the issue in respect of which the conflict of interest has arisen is postponed for consideration at the next plenary meeting of the council with preliminary additional consideration of this situation at the meeting of the relevant standing commission on ways to resolve the conflict arising interests;
- in the event that the mayor, secretary of the city council, or an individual deputy became aware of the presence of a real or potential conflict of interest during a council meeting at which the relevant issue is being considered, this person must independently publicly announce its existence;
- this statement is recorded in the minutes of the meeting, if necessary, a break is made to present the conclusions of the relevant permanent commission and make a decision by it on possible ways to resolve the conflict of interests, after which the issue is considered in accordance with paragraph 7-9 of this section of the Regulation;
- the conclusion of the relevant standing committee of the council and the decisions made by it regarding possible ways of resolving the conflict of interests are attached to the protocol of the plenary meeting of the council;
- if the mayor, secretary of the city council or deputy has doubts about the existence of a conflict of interests, this person is obliged to seek clarification from the territorial body of the National Agency for the Prevention of Corruption;
- if the person has not received confirmation of the absence of a conflict of interest, he acts in accordance with the requirements provided for in this section of the Regulation;
- if the person received confirmation of the absence of a conflict of interest, he is released from responsibility if a conflict of interest was later revealed in the actions for which he sought clarification;
- any other deputy of the city council or participant of the plenary session of the council, who is directly concerned with the issue under consideration, may declare a conflict of interests of the mayor, the secretary of the city council or an individual deputy. Such a declaration of conflict of interest is recorded in the minutes of the meeting of the city council;
- in the event that the mayor, the secretary of the city council, or an individual deputy did not publicly announce the existence of a conflict of interest on his own, and a statement to this effect was made by another deputy of the city council or a participant in the plenary session of the council, which is directly related to the issue under consideration, the chairman (and in the event that the conflict of interest concerns the presiding officer - then the secretary of the city council) gives the opportunity to speak to the person against whom such a statement was made, in order to explain the situation that has arisen in relation to him;
- if necessary, the chairman (and if the conflict of interest concerns the chairman, then the secretary of the city council) announces a break for the meeting of the relevant permanent commission and its decision to establish the fact of the existence of a potential or real conflict of interests and possible ways of resolving the conflict of interests;
- settlement of a potential or real conflict of interests in this situation can be done by:
- non-participation of a person with a conflict of interest in voting during consideration of this decision at a plenary meeting of the council;
- in the event that the non-participation of the mayor, the secretary of the city council, or the deputy of the city council in the adoption of a separate decision or decisions by the Trostyanets City Council will lead to the loss of the authority of the council, the issue in respect of which there is a conflict of interest is removed from consideration and postponed to the next meeting of the council;
- non-notification by a representative of the city council's deputy corps of an existing conflict of interests before voting when adopting a council decision, when such fact is established within three days after the plenary session at which such a decision was made, is grounds for the mayor to suspend the aforementioned decision of the city council.
Chapter 5. Agenda of the session
Article 34.
Proposals regarding the draft agenda of the session of the city council are submitted by the mayor, the secretary of the city council, permanent commissions, deputies, the executive committee, general meetings of citizens no later than 20 days before the opening of the regular session, and in the cases provided for in Article 13 of these Regulations, not later than the day before its opening.
Proposals for each issue that is proposed to be included in the agenda are submitted to the mayor with a letter of approval and a draft decision on this issue, drawn up in accordance with the requirements of Chapter 2 of these Regulations.
The agenda of the session is brought to the deputies, the population in accordance with Art. 10 of this Regulation.
The mayor forms the final agenda for consideration at the session.
Preliminary consideration of the issues included in the agenda of the session is carried out by standing commissions.
Article 35.
Decisions on replacement, exclusion, consideration of the proposed issues of the agenda in a different sequence or postponement of their consideration to the following sessions are made by a simple majority of the votes of deputies from the actual number of deputies present at the session of the city council.
At the proposal of the chairman of the session, a group of deputies, a deputy of the city council, the agenda of the session can be expanded by a decision of the city council, if we are talking about issues that are urgent and delays in the solution of which are inadmissible and require an urgent solution, or their consideration at the session does not require additional study.
At the same time, the draft decision on the issue proposed to be included in the agenda of the session must meet the requirements of Chapter 2 of these Regulations.
Article 36.
Finally, the agenda of the session is approved by the city council by a simple majority of votes from the actual number of city council deputies present at the session.
The last item on the agenda of the session for consideration is "Miscellaneous".
Chapter 6. Plenary meeting of the city council
Article 37.
Plenary meetings of the city council are held exclusively in the session hall of the city council, which is decorated with state and city paraphernalia - coats of arms and flags. The order of placement of deputies and other persons present in the hall is determined by the city council. Seats for deputies are allocated in the meeting hall separately from seats for other persons.
Plenary meetings of the City Council begin at 10 a.m. and end no later than 6 p.m., unless otherwise decided. The meeting is adjourned every two hours for 20 minutes. If necessary, a lunch break is set from 12 to 1 p.m. The Council has the right to decide on changing the time of meetings. Each session begins and ends with the National Anthem of Ukraine.
Article 38
The session of the city council is opened and conducted by the city mayor, and in the cases stipulated by the Law of Ukraine "On Local Self-Government in Ukraine" and these Regulations, by the secretary of the city council. In the case provided for by Articles 9 and 11 of the Regulations, the session is opened by the delegation of the group of deputies, on the initiative of which the session was convened, by one of the deputies who is part of it, and by the decision of the city council, one of the deputies of this council leads.
Article 39.
Chairman of the plenary meeting of the council:
- opens, conducts and closes the plenary meeting of the council, announces breaks;
- ensures compliance by deputies with the norms of this Regulation;
- organizes consideration of agenda items;
- gives the floor to deputies and invited guests;
- announces statements, messages, information;
- puts a question to the vote, announces its results;
- takes measures to maintain order at the plenary session of the council;
- signs decisions made at the session;
- exercises other powers arising from this Regulation.
During the plenary session, the chairman refrains from making comments and evaluations about the speakers and their speeches, except in cases of violation of the Regulations, non-compliance with deputy ethics at plenary sessions, etc.
Article 40.
A secretariat is formed during each plenary meeting of the city council session. The secretariat consists of 2 deputies. The order of participation of deputies in the work of the secretariat is determined according to the list in alphabetical order.
To count the votes during the voting, the city council forms a counting commission from the number of deputies.
At the beginning of the work of the council session before the election of the counting commission, the members of the standing commission on mandate, on issues of deputy activity, ethics, legality and regulatory policy carry out the counting of votes during voting.
Based on the results of the meetings of the counting commission for secret voting, a protocol is drawn up, which is signed by the members of the commission. Decisions of the commission are made by a simple majority of votes of the members of the commission from its total composition.
In order to edit and finalize the draft decisions, taking into account the suggestions and comments received, an editorial commission is elected by the majority of the votes of the deputies present at the session.
If there are no objections, the functions of the counting and editorial commission are entrusted to the secretariat.
Members of the secretariat (and persons performing the functions of counting and editorial commissions) certify the correctness of the protocol of this plenary meeting of the session with their personal signatures.
Article 41.
Discussion of issues at the council session includes:
– report, questions to the speaker, answers to them;
– co-reports (if necessary), questions to co-reporters, answers to them;
– speeches of representatives of permanent commissions, authorized parliamentary factions or groups, deputies;
- closing speech of the speaker and co-speakers.
Up to 10 minutes are given for a report at the plenary meeting of the Council, up to 5 minutes for joint reports, up to 5 minutes for speakers in the discussion, and up to 5 minutes for the closing speech, up to 3 minutes for repeated speeches, speeches during the discussion of candidacies, for speeches on procedural issues, for reasons of voting, explanations, remarks, questions, proposals, messages and references - up to 3 minutes, unless another duration of the report was approved at the session meeting.
In some cases, the chairman of the plenary meeting may extend the time of the speech with the consent of the council.
According to the decision of the session, another time can be set for speeches, answers, questions, etc. The decision to terminate speeches is made by the council by a majority vote of the deputies present in the following cases:
– if the list of those wishing to speak is exhausted;
– in case of expiration of the time specified for performances;
- in case of proposals by deputies to stop the discussion.
To ensure high-quality on-line Internet broadcasts of the meeting, audio and video archives of the meetings, everyone who takes the floor during the plenary meeting of the session: for a report, speech, question, answer, etc., whether on the podium or from the seat, must speak in microphone.
Article 42.
The following have the right to report issues at the plenary meeting of the City Council:
- Mayor,
- secretary of the city council,
- heads of permanent deputy commissions, deputy groups and factions,
- deputies,
- deputy mayors,
- elders,
- manager of affairs of the executive committee,
- heads of departments, other executive bodies of the council,
- managers of communal enterprises, institutions and organizations,
- the initiator of the draft decision.
Article 43.
No one can speak at the plenary meeting of the city council without the permission of the chairman. A request to give the floor for a speech in the discussion of issues considered by the city council is submitted to the mayor by a show of hands, and also informs in the manner established by the council. The chairman gives the floor to the deputies of the city council in the order of their arrival.
In the case of giving the floor, the deputy of the city council states his surname, the party from which he was elected, the number of the territorial electoral district.
The chairman can take the floor to speak at the session at any time.
During the speech, the chairman and deputies participating in the discussion of the agenda of the city council session must refrain from criticizing and commenting on the speeches of previous deputies, and speak in essence about the agenda, the speech of the speaker and co-speaker.
Article 44.
Questions to speakers and co-speakers are put in writing or orally. Questions are formulated briefly and clearly. The deputy who asked the question can clarify or supplement it, as well as announce whether he is satisfied with the answer. The deputies of the city council, who speak in the discussion of the issue, are not asked questions.
Article 45.
A deputy who did not get the floor for one reason or another has the right to submit the text of his speech to the secretariat for inclusion in the protocol of the city council session.
Article 46.
After consideration of the main issues of the agenda of the session in the "Miscellaneous" issue, the chairman allocates up to 30 minutes of the total time, during which deputies make appeals, requests, and exchange opinions on issues of interest to voters. The presiding officer may give explanations within 10 minutes, analyze the implementation of the orders submitted at previous sessions, give protocol orders on the issues raised by the deputies.
Article 47.
Discipline and ethics of plenary sessions.
1. At the meeting of the city council, the speaker must not use rude, offensive expressions or those that violate the right to respect for the honor and dignity of the participants of the meeting, not call for illegal actions, not use known unreliable information, not allow unethical evaluations of the participants in the speech or questions meetings of the city council and their statements, unfounded accusations against anyone present.
In such a case, the chairman of the meeting has the right to warn the speaker about the inadmissibility of such statements and appeals, to stop his speech, and in case of repeated violation, to deprive him of the right to speak at this meeting.
2. During the meeting, deputies should not disturb the speakers and listeners with actions that prevent the presentation or reception of the speech (shouts, remarks, applause, standing up, etc.).
3. In case of a gross violation of discipline or obstacles in the meeting, the chairman may announce a break or close the meeting.
4. If the speaker exceeds the time allotted for the speech, or does not speak on the discussed issue, or does not speak on the issues for which he was given the floor, the chairman of the meeting, after two warnings, deprives him of the floor.
5. If the deputy believes that the speaker or the chairperson at the meeting misinterprets his words or actions, he may write to the chairperson with a request to give him the floor for explanations or comments. Upon such an appeal, the chairman gives the floor to the deputy immediately or at the end of the discussion, but before the vote.
Article 48.
Abuse of rights during plenary sessions and their consequences.
1. During plenary meetings, the deputy of the city council and the mayor must not abuse the rights granted to them by the relevant laws.
2. The following actions of a deputy are considered abuse of rights:
1) violate the norms of the current Regulation;
2) interfere with consideration of issues on the agenda in substance;
3) deliberately delay the process of discussing issues;
4) publicly question the professional training and moral qualities of those present in the hall;
5) hinder decision-making;
6) insult the national and professional dignity of those present in the hall, their political, religious and other views;
7) create a tense, unfriendly atmosphere in the session hall, which does not contribute to the fruitful work of the city council and the adoption of balanced decisions;
8) degrade the rank of a city council member (appearing at a meeting and speaking while under the influence of alcohol or drugs, using profanity, intentionally damaging property, etc.).
3. In the case of the above-mentioned abuses, the deputy may be deprived of the right to speak at this plenary session or asked to leave the session hall until the end of the session. The decision on this is taken by the majority of the deputies of the city council.
4. The mayor takes measures to prevent abuse of rights by deputies during plenary sessions.
Chapter 7. Decision-making procedure at the plenary meeting of the council
Article 49.
After the discussion of the issue, the chairman of the plenary session of the city council announces the transition to voting, the method of voting, if proposals have been received from deputies on this matter. After the chairman announces the start of voting, none of the deputies of the city council can interrupt it. From the beginning of the voting until the announcement of the results, no one is allowed to speak.
In case of violation of the voting procedure, a re-voting is held without discussion.
Article 50.
During the voting of draft decisions of the council, the chairman of the plenary session first puts to the vote the question of adopting the draft decision as a basis. After such a decision is made, proposals for changes and additions to draft decisions are voted on. All proposals and amendments of deputies are put to the vote in the order of their receipt. After their acceptance or rejection, the question of making a decision as a whole is put to a vote.
In the absence of comments and proposals to the draft decision, the chairman puts it to a vote immediately as a whole.
Article 51.
Before each vote, the chairman formulates the content of the question that will be put to the vote, reminds, if necessary, the voting procedure and the number of votes necessary for making a decision.
After the end of the voting, the chairman announces its results and the adopted decision.
Article 52.
The city council can combine decision-making on issues that belong to the same sphere of legal relations (single-subject decisions) or are related to each other.
This variant of consideration of issues involves one report, joint reports, answers to questions, discussion of single-subject decisions. Amendments are made by one vote on each question of single-subject questions.
The decision to vote for single-subject decisions is determined by the majority of votes of deputies from the general composition of the city council when forming the agenda, i.e., a procedural decision of the council. If there are objections from deputies on this matter, the relevant decision is taken by the council by a majority of votes from its general composition.
Article 53.
The decision of the city council is valid if it is adopted by a simple majority of the total composition of the city council, except for the decision on early termination of the powers of the city mayor and other cases provided for by this Regulation.
Decisions of the council on procedural issues are made by the majority of votes of council deputies registered at the plenary session of the council. Matters related to the approval of the agenda of the plenary meeting, the manner of discussion and consideration of issues at the plenary meeting of the council, and also indicated as such in this Regulation are considered procedural. If there is a doubt as to whether the issue proposed for consideration is procedural, the decision is made by a majority vote of council deputies from the general composition of the council.
When establishing the voting results, the mayor is included in the general composition of the city council, if he participates in the plenary meeting of the city council, and his vote is taken into account.
When voting, a deputy has one vote and submits it "for", "against" or "abstained".
Voting is carried out by a deputy of the city council in person in the meeting hall or in a place designated for secret voting, at the appointed time. A deputy of the city council who was absent from the meeting hall during voting cannot cast his vote earlier or later.
Article 54.
The decision of the city council is made by open voting (including by roll call) or secret voting.
Roll call voting is carried out on the proposal of any of the deputies, supported by at least 1/3 of the deputies from the total composition of the council.
When voting by roll call, each deputy present at the session and mayor on the list for roll-call voting against his/her surname shall personally write “for”, “against” or “abstain” and put his/her own signature.
The secretary of the council counts the votes, the voting results are recorded in the minutes. The list for roll-call voting and the minutes are provided to the chairman to inform the deputies of the voting results. The list for roll-call voting is an integral part of the protocol of the session.
Article 55.
A secret ballot must be held in cases of election and dismissal from the position of the secretary of the city council, upon adoption of a decision on early termination of the city mayor's powers, and in other cases provided for by law. Secret voting is also held at the proposal of any of the deputies, supported by the majority of those present at the plenary session of the council.
In the session hall for secret voting, a specially equipped booth is installed, a place for receiving ballots is designated, and a ballot box is installed.
The entrance to the booth for secret voting, the exit from it, as well as the way from them to the ballot box and the ballot box itself must be in the field of view of the members of the counting committee.
Before voting, the ballot box is checked and sealed or sealed by the head of the counting commission in the presence of commission members. Voting ballots are issued to deputies by the head of the counting commission based on the list. Upon receiving a ballot for secret voting, the deputy shall put his signature in the list of issued ballots.
Ballots not involved in voting are extinguished before the counting of votes begins, which is recorded in the minutes of the counting committee.
The ballot paper for secret voting includes the question on which the vote is held and options for expressing will, marked with the words: "for" ("support"), "against" ("do not support"), "abstained", opposite to which empty squares are located on the right.
If the ballot includes candidates who were nominated in the order established by law, then they are recorded in alphabetical order. After all the names entered in the ballot, it is noted "I do not support any". Empty squares are located to the right of the surnames and the "do not support any" mark. The sample ballot is approved (set) by the city council.
Counting of votes during secret voting is carried out by the counting committee. Before the counting begins, the counting committee checks the integrity of the seal on the secret ballot box, which is indicated in the protocol.
When counting votes, the following are considered invalid:
- ballots of an unspecified sample;
- ballots in which the order of their filling was violated.
The results of the secret ballot are recorded in the protocol, which is signed by all members of the counting committee. If any member of the counting commission disagrees with the protocol, he, without signing the protocol, expresses his separate opinion in writing, which is attached to the protocol. The specified protocol on the voting results with separate opinions of the members of the counting commission is an integral part of the protocol of the session.
The results of the secret ballot and separate opinions of the members of the counting commission are announced by the head of the counting commission at the plenary meeting of the city council and approved by the city council through an open vote.
Article 56.
The decision of the city council is signed by the person who chaired the session within five days from the moment of its adoption.
Article 57.
The decision of the city council may be suspended by the city mayor within five days from the moment of its adoption and submitted for reconsideration by the city council with the justification of the comments. The city council is obliged to re-examine the cherished decision within two weeks. If the city council rejected the comments of the mayor and confirmed the previous decision by two-thirds of the deputies from the total composition of the city council, it enters into force.
Article 58.
The council's decisions take effect from the moment of adoption. Decisions of the council of a normative and legal nature take effect from the day of their official publication, unless the council has set a later date for the implementation of the relevant decision. The official publication of decisions is their publication on the official web portal (site) of the Trostyanets City Council.
Chapter 8. Minutes of the plenary meeting of the council
Article 59.
Plenary meetings of the city council are recorded. The protocol is maintained by the general department of the City Council.
Article 60.
The minutes of the meeting of the city council state:
- date, time and place of the plenary meeting of the city council;
- the number of deputies elected to the city council, and the number and list of those present;
- the agenda of the session of the city council, the name and position of the chairperson at the meeting, the speaker and the co-speaker on each issue;
- the names of the city council members who participated in the discussion, submitted a request, asked a written or oral question to the speakers; that position - for persons who are not deputies of the city council;
- names of city council members who voted "for", "against", "abstained", did not take part in the adoption of a decision by roll call;
- a list of all adopted decisions with an indication of the number of votes "for", "against", "abstentions", the number of deputies of the city council who did not participate in the vote.
Article 61.
If the session of the city council lasts several days, the minutes of the meetings are drawn up each day separately.
Article 62.
Plenary meetings of the city council can be stenographically and recorded using special audio and video means, if available, broadcast online on the official portal of the city council and on other web resources of the Internet.
Article 63.
The minutes of the meeting of the city council are approved by the members of the secretariat (and persons performing the functions of counting and editorial commissions) and signed by the chairman of the plenary meeting of the council.
Article 64.
The original minutes of city council sessions are kept in the city council until the end of the council's term of office, and after that they are handed over to the archival institution for permanent storage.
Chapter III. STANDING COMMITTEES OF THE CITY COUNCIL
Article 65.
Standing commissions of the city council are bodies of the city council, elected from among its deputies, for the study, preliminary consideration and preparation of issues that belong to its mandate, control over the implementation of the decisions of the city council, its executive committee.
Article 66.
Permanent commissions of the city council are elected by the city council for the term of its mandate, consisting of the chairman and members of the commission. During the term of its powers, the city council can form new permanent commissions, make changes to the composition of the commissions. All other issues of the structure of the commission are decided by the relevant commission.
Article 67.
A deputy of the city council can be a member of only one permanent commission of the council. Deputies of the city council work in permanent commissions on public grounds.
The mayor and secretary of the city council cannot be elected to the permanent commissions of the city council.
Article 68.
Standing commissions of the city council, on the authority of the council or on their own initiative, preliminarily consider projects of socio-economic and cultural development programs, the local budget, reports on the implementation of programs and the budget, study and prepare questions about the state and development of the relevant branches of economic and socio-cultural construction, other issues submitted to the consideration of the city council, develop draft decisions of the city council and prepare conclusions on these issues, speak at council sessions with reports and co-reports.
Article 69.
Standing commissions of the city council preliminarily consider the candidacies of persons proposed for election, approval, appointment or approval by the city council, prepare conclusions on these issues.
Article 70.
Standing commissions of the city council, on behalf of the city council, the city mayor, the secretary of the city council or on their own initiative, study the activities of bodies accountable to and under the control of the city council and the executive committee of the city council, as well as on issues assigned to the competence of the city council, enterprises, institutions and organizations, their branches and departments, regardless of the forms of ownership and their officials, submit, based on the results of the inspection, recommendations for consideration by their managers, and in necessary cases - for consideration by the council or the executive committee of the city council; exercise control over the implementation of decisions of the City Council, the Executive Committee of the City Council.
Article 71.
The permanent commissions of the city council in the matters that belong to their competence and in the manner determined by the law have the right to receive the necessary materials and documents from the heads of bodies, enterprises, institutions, organizations and their branches and departments.
Article 72.
The organization of the work of the permanent commission of the city council is entrusted to the chairman of the commission. At the first meeting of the commission, on the proposal of the chairman, the deputy chairman of the commission and the secretary of the commission are elected by a simple majority of votes from the total composition of the commission. The head of the commission convenes and conducts commission meetings, gives commissions to commission members, represents the commission in relations with other bodies, citizen associations, enterprises, institutions, organizations, as well as citizens, organizes work on the implementation of the commission's conclusions and recommendations. In the absence of the chairman of the commission or his inability to perform his duties for other reasons, his functions are performed by the deputy chairman of the commission or the secretary of the commission.
Article 73.
The meeting of the permanent commission of the city council is convened as necessary and is authorized if at least half of the total composition of the commission participates in it.
Article 74.
According to the results of the study and consideration of the issues, the permanent commissions of the city council prepare conclusions and recommendations. Conclusions and recommendations of the permanent commission of the city council are adopted by a majority of votes from the general composition of the commission and signed by the chairman of the commission, and in his absence - by the deputy chairman or secretary of the commission.
In case of an equal number of votes, the vote of the chairman of the commission is decisive.
The minutes of the commission's meetings are signed by the chairman and secretary of the commission.
Article 75.
The recommendations of the permanent commissions of the city council are subject to mandatory consideration by the bodies, enterprises, institutions, organizations, and officials to whom they are addressed. The results of the review and the measures taken must be reported to the commissions within the time limit set by them.
Article 76.
The permanent commission of the city council to study issues and develop draft decisions of the council can create preparatory commissions and working groups involving representatives of the public, scientists and specialists. Issues that fall under the jurisdiction of several permanent commissions of the city council may be considered jointly by the permanent commissions at the initiative of the commissions, as well as on the authority of the council, the mayor, the secretary of the city council. Conclusions and recommendations adopted by the standing commissions at their joint meetings are signed by the heads of the respective standing commissions.
Article 77.
Standing committees of the City Council are accountable to and responsible to the City Council. Standing commissions of the city council act on the basis of the Regulations approved by the city council.
Chapter IV. TEMPORARY CONTROL COMMISSIONS OF THE CITY COUNCIL
Article 78.
Temporary control commissions of the city council are bodies of the council, which are elected from among its deputies to carry out control over issues specifically determined by the city council, which belong to the powers of local self-government. Control commissions submit reports and proposals for consideration by the city council.
Article 79.
The decision on the creation of a temporary control commission of the city council, its name and tasks, the personal composition of the commission and its chairman is considered adopted if at least one third of the deputies from the total composition of the council voted for it.
Article 80.
Meetings of temporary control commissions of the city council are usually held behind closed doors. Deputies of the city council, who are members of the temporary control commission, and specialists, experts, and other persons engaged by the commission to participate in its work must not disclose information that has become known to them in connection with its work.
Article 81.
The powers of the temporary control commission of the city council are terminated from the moment the council makes a final decision on the results of the work of this commission, as well as in the event of the termination of the powers of the city council that created this commission.
Section V. DEPUTY OF THE CITY COUNCIL
Article 82.
The powers of a deputy of the city council begin from the moment of the official announcement by the city territorial election commission at the council session of the decision on the results of the elections and the recognition of the powers of the deputies and end on the day of the first session of the council of the new convocation. The powers of a deputy may be terminated early in the cases provided for by law.
The council immediately informs the city territorial election commission about the early termination of the authority of a council member.
Article 83.
The deputy of the city council represents the interests of the entire territorial community, has all the rights that ensure his active participation in the activities of the city council and the bodies formed by it, bears obligations to the voters, the city council and its bodies, and fulfills their mandate. A deputy of the city council, in addition to the secretary of the city council, must be a member of one of the permanent commissions of the city council.
Article 84.
During sessions, meetings of the permanent commissions of the city council, as well as for the exercise of deputy powers in other cases provided for by law, the deputy of the city council is released from the performance of production or official duties with reimbursement of the average salary at the main place of work and other expenses related to related to parliamentary activities, at the expense of the relevant local budget.
Article 85.
A deputy of the city council is obliged to participate in the work of sessions of the city council, meetings of the permanent and other commissions of the city council, to which he was elected.
Article 86.
In the event that a city council member misses more than half of the plenary meetings of the city council or the meetings of the city council's standing committee within a year, or fails to comply with the decisions and instructions of the city council and its bodies without valid reasons, the city council may appeal to the voters with a proposal to recall such a city council member in the established the law of order.
The recall of a deputy of the city council can also be carried out on the people's initiative in accordance with the procedure provided by the Law of Ukraine "On the status of deputies of local councils".
Article 87.
A deputy of the city council has the right to vote on all issues considered at sessions of the city council, as well as at meetings of the permanent and other commissions of the city council, to which he was elected.
Article 88.
The deputy of the city council has the right to get acquainted with any official documents stored in the relevant local self-government bodies, and to make extracts and copies of these documents.
A deputy of the city council has the right to participate with the right of an advisory vote in the work of other local self-government bodies when they consider issues and make decisions that affect the interests of voters or the territorial community from which he was elected.
Article 89.
The deputy is issued with certificates and a badge of the deputy of the established model.
Article 90.
The deputy of the city council is obliged to report on his work to the voters periodically, but at least once a year. The Council determines the approximate terms of the deputies' reports to the voters and facilitates their organization.
The deputy of the city council informs the council and its executive bodies about the results of the discussion of his report, comments and proposals expressed by the voters to the council and its bodies, as well as about instructions given to the deputy in connection with his parliamentary activities.
Section VI. DEPUTATSKAND APPEAL, REQUEST AND DEPUTY QUESTION
Article 91.
According to the law of Ukraine "On the Status of Local Council Deputies", council deputies have the right to a deputy request, a deputy question and a deputy appeal.
Article 92.
A deputy's request is a request by a deputy of the city council to officials of the city council and its bodies, the mayor, managers of enterprises, institutions and organizations, regardless of the form of ownership, which are located or registered on the territory of the city, supported by the city council.
Article 93.
A deputy's request can be submitted by a council deputy or a group of council deputies in advance or at a plenary meeting of the council, as a rule, in writing and on issues that are assigned to the council.
When considering deputy requests at the plenary meeting of the council, the chairman announces the brief content of the request, to whom it is addressed and the names of the deputies who signed it.
Article 94.
Consideration of deputy requests, as a separate issue, must be included in the agenda of the plenary meeting of the council after preliminary consideration by the specialized commission.
Article 95.
In a deputy's request, the following are indicated: surname, first name, patronymic, and position of the persons to whom the request is addressed, postal address, short title of the request, the essence of the problem and demands, the signature of the deputy (deputies), the name of the parliamentary faction, and the date of drafting. The text of the deputy's request is attached to the minutes of the session.
At the request of the deputy (deputies) who signed the request, the chairman gives the floor for an explanation and additional justification of the necessity of such a request.
Article 96.
In the case of announcing a deputy's request in oral form, the executive staff prepares an extract from the transcript of the plenary session and sends it to the chairman of the council for consideration by the council's standing committee.
Article 97.
The council makes a decision on each deputy's request. The deputy's request, if necessary, is discussed at the plenary meeting of the council.
Article 98.
The city council can oblige the relevant body to submit a report on the implementation of the decision within the time limit set by it at the request of the deputy of the city council. The body or official to whom the deputy's request is addressed is obliged to give an official written response to it to the city council and the deputy of the city council within the time limit set by the city council. If, for objective reasons, the request cannot be considered within the time limit set by the city council, the body or official is obliged to notify the council and the deputy of the city council, who made the request, in writing, and offer another time limit, which should not exceed one month from receiving the request. The response to the request, if necessary, is considered at the plenary meeting of the city council.
Article 99.
A deputy of the city council has the right to give an assessment of the answer to his deputy's request. Based on the results of the answer to the deputy's request, a discussion can be held if at least 1/4 of the deputies present at the meeting of the city council insist on this. Officials to whom the request is addressed are informed in a timely manner about the date and time of the board's discussion of the response to the request. They or persons authorized by them have the right to attend this meeting of the city council.
Based on the results of consideration of the response to the deputy's request, the city council makes the appropriate decision. The mayor or secretary of the city council at the session informs the deputies about the fulfillment of the deputies' requests. If necessary (at the deputy's discretion), the deputy's request and the answer to it are delivered directly or through the mass media to the voters.
Article 100.
Deputy's appeal - written request of a deputy of the local council on matters related to his deputy's activities to local executive bodies, local self-government bodies and their officials, as well as heads of law enforcement and control bodies, enterprises, institutions and organizations independently from the form of ownership, located on the territory of the relevant council, to carry out certain actions, take measures or give an official clarification on the issues assigned to their competence.
Local bodies of executive power, bodies of local self-government and their officials, as well as heads of law enforcement and control bodies, enterprises, institutions and organizations, regardless of the form of ownership, located on the territory of the Trostyanets City Council, to whom the deputy of the city council addressed, are obliged within a ten-day the deadline to consider the issue raised by him and provide him with an answer, and in case of the need for additional study or inspection, give him an answer no later than within a month.
Article 102.
If, for objective reasons, the deputy's appeal cannot be considered within the prescribed time limit, the deputy of the local council must be notified in writing of this with justification of the reasons for the need to extend the consideration period.
Article 103.
A deputy of a local council may take part in the consideration of his appeal, which local executive bodies, local self-government bodies and their officials, heads of enterprises, institutions and organizations, regardless of the form of ownership, located on the territory of the relevant council, must notify him in advance, but not no later than five calendar days.
If the deputy of the local council is not satisfied with the results of consideration of his appeal, or if the local executive authorities, local self-government bodies and their officials, managers of enterprises, institutions and organizations, regardless of the form of ownership, located on the territory of the relevant council, evade the resolution of the issue raised in the appeal within the established period, he has the right to submit a parliamentary request.
Article 105.
A deputy's question is a means for a deputy of the city council to obtain information or clarification on a particular problem. The answer to the question can be announced at the session of the city council or given to the deputy of the city council individually. The question is not included in the agenda of the session of the city council, is not discussed and no decision is made on it.
Article 106.
Proposals and comments expressed by the deputies of the city council at the sessions of the city council or submitted in writing to the chairman at its plenary sessions are considered by the council or by its delegation by the permanent commissions of the city council or sent for consideration to accountable and controlled bodies and officials of local executive bodies, bodies of local self-government, heads of relevant enterprises, institutions, organizations, regardless of the form of ownership, who are obliged to consider these proposals and comments within the time limits set by the city council, and to notify the results of the review directly to the deputies of the city council who made proposals or expressed comments, as well as the relevant city council.
The city council and its executive bodies ensure the implementation of suggestions and comments of the city council deputies approved by the council, inform the deputies about the implementation of the suggestions and comments made by them at the sessions of the city council.
Chapter VII. DEPUTY GROUPS AND FACTIONS
Article 107.
For joint work on the exercise of deputy powers in electoral districts
deputies of the city council may, on the basis of their mutual consent, unite in deputy groups.
Article 108.
Deputies of the city council are united in deputy groups based on the commonality of the problems they are solving, or on other grounds. The powers of deputy groups are derived from the powers of a city council deputy, provided for by the Law "On the Status of Local Council Deputies" and these Regulations.
Membership of a deputy of the city council in a deputy group does not release him from personal responsibility for the exercise of his deputy powers.
Article 109.
The deputy group can be formed at any time during the term of office of the city council by decision of the meeting of city council deputies who have expressed a desire to join it. The deputy group consists of at least five deputies of the city council.
Article 110.
The deputies of the city council, who are part of the deputy group, elect the person who heads the deputy group. The deputy group is registered by the city council upon the application of the person who heads the deputy group, to which is attached a written notice signed by the deputies of this group about the formation of the deputy group, indicating its name, personal composition and party affiliation of the members of the group and the deputies who are authorized to represent the group.
Deputies' groups can be formed for the period determined by them, but not longer than the term of office of the city council.
Article 111.
The activity of the deputy group is terminated:
1) in the event that some deputies of the city council are removed, as a result of which its number becomes smaller than established by Article 105 of this Regulation;
2) in the event that the deputies of the city council, who are part of it, make a decision to dissolve the deputy group;
3) after the end of the term for which the deputies of the city council have united into a deputy group, or the term of office of the city council.
Article 112.
The City Council promotes the activities of its registered deputy groups, coordinates their work and can listen to reports about their activities.
Article 113.
Deputies factions of local councils are formed on a party basis by deputies of the city council.
A deputy of the local council can be a member of only one parliamentary faction. After the appropriate registration of materials on the formation of a deputy faction, the mayor at the plenary meeting of the city council informs the deputies of the city council about the registration of such a deputy faction, its quantitative composition. The procedure for joining and leaving a faction is determined by the faction itself. Deputies of the city council can unite in deputy factions with the number of at least three deputies of the city council.
Article 114.
Deputies' groups and factions have the right to:
1) for the guaranteed speech of its representative at the plenary meeting of the city council on each issue on the agenda of the city council session. The deputy group, on the initiative of which the issue of the agenda is considered, has the right for the closing speech of its representative after the end of the debate before the vote;
2) join forces with other groups and factions to create a majority in the city council or the opposition;
3) exercise other rights provided for by the laws of Ukraine.
No deputy group or faction has the right to speak on behalf of the city council or territorial community.
Article 115.
Deputies and deputy factions can freely cooperate with each other by forming deputy associations and informal groups, which are not subject to registration and do not have the rights established by these Regulations.
Section IH. CITY CHAIRMAN
Article 116.
The mayor is the main official of the territorial community of the Trostyanets City Council. The mayor is elected by the territorial community on the basis of universal, equal, direct suffrage by secret ballot for the term specified by the Constitution of Ukraine, in the manner specified by law, and exercises his powers on a permanent basis.
Article 117.
The mayor heads the city council, the executive committee of the city council, presides over their meetings.
Article 118.
The mayor may not be a deputy of any council, combine his official activity with another position, including on a public basis, engage in another paid activity (except for teaching, scientific and creative activities, medical practice, instructional and refereeing practice in sports), or entrepreneurial activity.
Article 119.
The powers of the mayor begin when the city election commission announces the decision on his election at a plenary session of the city council and ends when another person elected in accordance with the law takes office, except in cases of premature termination of his powers. In the case of early termination of the powers of the mayor or impossibility of performing his powers (due to vacation, business trip, temporary incapacity), the mayor's powers are exercised by the secretary of the city council. In the case of early termination of the city mayor's powers, the secretary of the city council temporarily exercises the specified powers from the moment of the premature termination of the city mayor's powers and until the time the newly elected city mayor takes office in accordance with the law.
The powers of the mayor may be terminated early in the cases stipulated by the Law of Ukraine "On Local Self-Government in Ukraine".
Article 120.
The mayor may be removed from office on the initiative of the people in accordance with the established procedure Law of Ukraine "On the status of deputies of local councils" with the features provided for in parts six to ten of Article 79 of the Law of Ukraine "On Local Self-Government in Ukraine", not earlier than one year from the moment of acquiring powers.
Article 121.
In case of early termination of the mayor's powers, the relevant extraordinary local elections shall be called by the Verkhovna Rada of Ukraine no later than within ninety days from the date of early termination of the mayor's powers. The procedure for conducting extraordinary elections of the city mayor is determined by the law on elections.
Article 122.
Mayor:
1) ensures the implementation, within the limits provided by law, of the powers of the executive authorities on the territory of the city, compliance with the Constitution and laws of Ukraine, and the execution of acts of the President of Ukraine and relevant executive authorities;
2) organizes the work of the city council and its executive committee within the limits defined by the Law of Ukraine "On Local Self-Government in Ukraine";
3) signs the decisions of the city council and its executive committee;
4) submits to the City Council a proposal regarding candidacy for the position of City Council Secretary;
5) submit proposals for the consideration of the City Council on the quantitative and personal composition of the Executive Committee of the City Council;
6) submit proposals for the consideration of the city council regarding the structure and number of executive bodies of the city council, the apparatus of the city council and its executive committee;
7) manages the apparatus of the city council and its executive committee;
8) convenes city council sessions, makes proposals and forms the agenda of city council sessions and presides over plenary meetings of the city council;
9) ensures the preparation for consideration by the city council of draft programs of socio-economic and cultural development, target programs on other issues of self-government, the local budget and a report on its implementation, decisions of the council on other issues that belong to its authority; publishes programs approved by the city council, the budget and reports on their implementation;
10) appoints and dismisses heads of departments, departments and other executive bodies of the city council, enterprises, institutions and organizations belonging to the communal property of the territorial community, except heads of pre-school, general education and extra-curricular educational institutions;
11) convenes general meetings of citizens at the place of residence;
12) submits to the council proposals for the creation of a specialized institution for the provision of free primary legal assistance;
13) submits to the council proposals regarding candidacy for the position of head of an institution providing free primary legal assistance;
14) ensures the implementation of the decisions of the local referendum, the city council, its executive committee;
15) is a manager of budget funds, uses them only for the purpose determined by the city council;
16) represents the united territorial community, the Trosyanets City Council and its executive committee in relations with state bodies, other local self-government bodies, associations of citizens, enterprises, institutions and organizations regardless of the forms of ownership, citizens, as well as in international relations, respectively to legislation;
17) apply to the court to declare illegal the acts of other local self-government bodies, local executive bodies, enterprises, institutions and organizations that limit the rights and interests of the territorial community, as well as the powers of the city council and its bodies;
18) concludes contracts on behalf of the territorial community, the city council and its executive committee in accordance with the legislation, and submits them for approval to the city council on matters falling within the exclusive competence of the council;
19) conducts personal reception of citizens;
20) ensures on the territory of the city compliance with the legislation regarding consideration of appeals from citizens and their associations;
21) participates in the implementation of state regulatory policy in the field of economic activity within the limits and in the manner established The Law of Ukraine "On the Basics of State Regulatory Policy in the Field of Economic Activity";
22) exercises other powers of local self-government, defined by laws, if they are not included in the exclusive powers of the city council or are not assigned by the city council to the authority of its executive bodies;
23) issues orders within the limits of his authority;
24) exercises other powers determined by the current legislation of Ukraine.
Article 123.
The mayor is personally responsible for the exercise of the powers granted to him by law.
When exercising the powers granted, the mayor is accountable, controlled and responsible to the territorial community of the city of Trostyanets, responsible to the city council, and in matters of the exercise of the powers of the executive authorities by the executive bodies of the council, he is also under the control of the relevant executive authorities.
Article 124.
The mayor annually reports to the city council on the implementation of the state regulatory policy in the field of economic activity by the executive bodies of the city council.
Article 125.
At least once a year, the mayor reports on his work to the territorial community at an open meeting with citizens. At the request of at least half of the deputies of the city council, the mayor is obliged to report to the city council on the work of the executive bodies of the city council at any time determined by them.
Section IX. CITY COUNCIL SECRETARY
Article 126.
The secretary of the city council is elected by the city council from among its deputies on the proposal of the city mayor and works in the city council on a permanent basis.
A proposal regarding the candidacy of the secretary of the council may be submitted to the council by at least half of the deputies from the general composition of the city council if:
1) on the day of the first city council elected at regular elections, the election of the city mayor, respectively, has not been completed;
2) the council did not support the candidacy for the position of secretary of the council proposed by the mayor;
3) within thirty days from the opening of the first session of the city council, the city mayor did not submit a candidacy for the position of secretary of the council;
4) at the next regular session after the vacancy of the secretary of the council due to the early termination of his powers, the mayor did not submit a candidacy for the position of secretary of the council for consideration by the council;
5) the position of the secretary of the council becomes vacant during the vacancy of the mayor in connection with the early termination of his powers.
If the council did not support the candidacy submitted for its consideration by at least half of the deputies from the general composition of the city council in accordance with paragraph 2 of this article, the next proposal regarding the candidacy of the secretary of the council shall be made by the city mayor.
Article 127.
The secretary of the city council cannot combine his official activity with another position, including on a public basis, engage in other paid (except for teaching, scientific and creative activities, medical practice, instructor and referee practice in sports), or entrepreneurial activity.
Article 128.
Secretary of the City Council:
1) in the case provided for by Article 42 of the Law of Ukraine "On Local Self-Government in Ukraine", exercises the powers of the mayor;
2) convenes sessions of the city council in the cases provided for in part six of Article 46 of the Law of Ukraine "On Local Self-Government in Ukraine", informs the deputies and brings to the public's attention information about the time and place of the session of the city council, issues that are expected to be submitted to the consideration of the city council ;
3) leads the meeting of the city council and signs its decisions in the cases provided for by part six of Article 46 of the Law of Ukraine "On Local Self-Government in Ukraine";
4) organizes the preparation of council sessions, issues submitted for consideration by the council, ensures the publication of draft decisions of the council in accordance with Law of Ukraine "On Access to Public Information" and other laws;
5) ensures timely delivery of council decisions to executors and the public, organizes control over their implementation, ensures publication of council decisions in accordance with Law of Ukraine "On Access to Public Information", ensures the official publication of the council's decisions, which according to the law are regulatory acts, as well as documents prepared in the process of the council's regulatory activities, and information on the council's regulatory activities;
6) on behalf of the mayor, coordinates the activities of permanent and other commissions of the city council, gives them instructions, facilitates the organization of the implementation of their recommendations;
7) assists the deputies of the city council in the exercise of their powers;
8) organizes, on behalf of the city council, in accordance with the legislation, the implementation of measures related to the preparation and holding of referenda and elections to state and local self-government bodies;
9) ensures the storage of official documents related to the local self-government of the relevant territorial community in the relevant local self-government bodies, provides access to them by persons granted this right in the prescribed manner;
10) resolves other issues related to the activities of the City Council and its bodies on behalf of the City Mayor or the City Council.
Article 129
The powers of the secretary of the city council may be prematurely terminated by the decision of the city council. The decision to terminate the powers of the secretary of the council is made by secret ballot.
Section X. EXECUTIVE COMMITTEE OF THE CITY COUNCIL
Article 130.
The executive body of the city council is the executive committee of the Trostyanets city council, which is formed by the city council for the term of its powers. After the end of the powers of the city council, the city mayor, its executive committee exercises its powers until the formation of a new composition of the executive committee.
Article 131.
The quantitative composition of the executive committee is determined by the city council at the proposal of the city mayor. The personal composition of the executive committee of the city council is approved by the city council at the proposal of the city mayor.
The executive committee of the city council is headed by the mayor.
Article 132.
The executive committee of the council consists of the mayor, deputy mayors, the manager of affairs (secretary) of the executive committee, elders, as well as heads of departments, departments and other executive bodies of the council, and other persons. The city council forms a body for urban planning and architecture as part of the council's executive committee.
Article 133.
The executive committee ex officio includes the secretary of the city council.
Members of the executive committee of the city council may not include members of the city council, except for the secretary of the council.
Article 134.
Changes to the composition of the executive committee are carried out by the decision of the session at the proposal of the city mayor.
Article 135.
The city council can decide to dissolve the executive committee.
Article 136.
Persons who are part of the executive committee of the city council, except for those who work in the executive bodies of the city council on a permanent basis, during meetings of the executive committee, as well as for the exercise of powers in other cases, are released from the performance of industrial or official duties with compensation their average salary at the main place of work and other expenses related to the performance of the duties of a member of the executive committee, at the expense of the local budget.
Article 137.
Persons who are part of the executive committee of the council and work in it on a permanent basis are subject to the requirements for limiting the compatibility of their activities with other work (activities) established by this Law for the mayor.
Article 138.
The executive committee of the city council is accountable and under the control of the city council, which formed it, and in matters of its exercise of the powers of the executive authorities, it is also under the control of the relevant executive authorities.
The main form of work of the executive committee of the city council is its meetings, which are held as necessary, but at least once a month and are valid if more than half of the total composition of the executive committee participates in them.
The regulations of the executive committee are approved at its meeting.
The Executive Committee exercises its powers on the basis of the Constitution of Ukraine, the Law of Ukraine "On Local Self-Government in Ukraine" and other normative legal acts.
Chapter XI. APPARATUS OF THE TROSTIANET CITY COUNCIL
Article 139.
The city council, within the limits of the structure and number approved by it, may create departments and other executive bodies to exercise the powers that belong to the authority of the executive bodies of the city council.
Departments and other executive bodies of the council are accountable and under the control of the city council, subordinate to its executive committee and the mayor.
Regulations on departments, management and other executive bodies of the council are approved by the city council.
Article 140.
The apparatus of the city council is the executive body of the council, which consists of departments, officials, officials and technical personnel and performs the functions of organizational, legal, informational, social and household, analytical, material and technical and other activities of the council, its structural units and deputies.
Employees of the apparatus themselves do not make any state-authority decisions on behalf of the council or its executive committee, but only ensure the development of drafts of such decisions, their preparation and implementation.
Hiring and dismissing city council officials, except for the council secretary, deputy mayors, elders and the secretary (in charge of affairs) of the executive committee, is carried out by the city mayor in accordance with the Law of Ukraine "On Service in Local Self-Government Bodies".
The secretary of the city council, deputies of the city mayor, the secretary (manager of affairs) of the executive committee are hired and dismissed based on the decision of the city council session in accordance with the procedure established by law.
Article 141.
The activities of the council's executive apparatus are regulated by the Constitution of Ukraine, the Code of Labor Laws of Ukraine, the Law of Ukraine "On Service in Local Self-Government Bodies", the Law of Ukraine "On Local Self-Government in Ukraine", other normative legal acts, as well as the relevant provisions on the executive apparatus, approved the city council.
Chapter XII. CONTROL ACTIVITY OF THE CITY COUNCIL.
FINAL PROVISIONS
Article 142.
The relations of the city council with enterprises, institutions and organizations of the communal form of ownership are built on the basis of their subordination, accountability and control to the relevant local self-government body.
The relations of the city council with enterprises, institutions and organizations that are not in communal ownership are built on a contractual and tax basis and on the basis of control within the limits of the powers granted to local self-government bodies by law.
Article 143.
Managers of enterprises, institutions, organizations of any form of ownership, other officials are responsible in accordance with the current legislation for providing the city council and its bodies with inaccurate information, or for intentionally concealing information or non-implementation of decisions of the city council.
Article 144.
A deputy of the city council has the right to raise in the city council and its bodies the issue of the need to carry out inspections on matters falling within the competence of the city council, the activities of enterprises, institutions and organizations located on the territory of the city, regardless of the form of ownership, executive bodies of the council, as well as on behalf of the city council or its bodies to participate in inspections of the implementation of decisions of the city council.
Article 145.
The deputy of the city council has the right to make proposals for the elimination of shortcomings and violations to the heads of enterprises, institutions and organizations, regardless of the form of ownership, and to the bodies whose activities were checked, as well as to the bodies to which they are subordinate, to raise the issue of bringing to justice the persons whose fault occurred violation. In case of detection of violations of the legislation of Ukraine, the deputy of the city council addresses the relevant state authorities on this matter. The deputy of the city council reports on the results of the inspection and proposals regarding them to the city council or its body, on whose behalf the inspection was carried out.
Article 146.
A deputy of the city council, on behalf of the city council, participates in deputy inspections on issues that belong to the authority of the city council, monitoring the implementation of decisions of the city council.
Article 147.
Decisions of the city council that are under control are removed from control by a session of the city council or the mayor. At the plenary meetings of the regular sessions of the City Council, the persons responsible for the implementation of decisions report on the progress of the implementation of the decisions made at the previous sessions of the City Council.
Article 148.
Premature termination of the powers of the city council takes place in accordance with the procedure established by the Law of Ukraine "On Local Self-Government in Ukraine" and other legislative acts.
Article 149.
The Regulations shall be approved no later than at the second session by a decision of the council adopted by a majority vote of deputies from the general composition of the council, shall enter into force from the moment of its approval and shall be valid until the adoption of the new Regulations by the council of the next convocation. Changes and additions to these Regulations may be made during the term of office of the City Council of the 8th convocation. The decision on changes and additions to the Regulation is made in the same manner as with respect to its approval.
Article 150.
In the case of the adoption of legislative acts, as a result of which individual provisions of this Regulation may be inconsistency with the current legislation, appropriate changes and additions to the Regulation must be made at the next session at the proposal of the permanent commissions of the council, the mayor, the secretary of the council, deputies of the city council or employees of the department legal support of the city council apparatus. Until the decision of the session on amendments and additions to the Regulation is made, the provisions of the current legislation of Ukraine on local self-government issues shall apply.
Article 151.
Monitoring of compliance with the Regulations is entrusted to the permanent mandate committee on issues of deputy activity, ethics, legality and regulatory policy of the City Council.
Secretary of the City Council Natalia KOVALOVA
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