The text of the draft law “On Amending the Constitution of Ukraine (regarding decentralization of power)” has been published on the Verkhovna Rada website. A document prepared by the administration of President Vladimir Zelensky was submitted to Parliament on December 13.
It contains many innovations that radically change the system of relations between the central and local authorities in the country. In particular, the bill introduces the position of prefect. They are "appointed to the post and dismissed by the President of Ukraine on the proposal of the Cabinet of Ministers of Ukraine."
The functions of the prefects include monitoring how local authorities comply with the provisions of the constitution of Ukraine and the laws of the country. In addition, these government officials must monitor the local implementation of regulations issued by the president and government.
If the decisions of local authorities turn out to be unconstitutional from the point of view of the prefect or create “a danger of violation of state sovereignty, territorial integrity and a threat to national security”, he has the right to suspend them. To do this, he needs to ask the president to adopt an appropriate decree.
The prefects themselves are accountable only to the head of state and, in some cases, to the cabinet of ministers. Their orders "are canceled by the President of Ukraine, and in cases specified by law - by the Cabinet of Ministers of Ukraine."
Another innovation of the bill concerns the amendment of article 133 of the constitution. Now it, in particular, lists by name all the areas that are part of the country. In order to eliminate or, conversely, create an administrative unit, an amendment to the constitution is required. In accordance with article 155 of the basic law, this requires approval of two-thirds of the constitutional composition of the Verkhovna Rada.
However, Zelensky’s bill introduces a new edition of article 133: the list and procedure for the formation of regions, as well as smaller territorial units — districts (they will be instead of regions) and communities (communities) —should be determined by a separate law. And according to article 91 of the constitution of Ukraine, ordinary laws are adopted by a simple majority of the deputies of the Verkhovna Rada.
Finally, in the Zelensky bill there is no mention of Donbass. The special status of this region, provided for by the Minsk agreements, is not registered in it.
“This document, of course, needs to be analyzed, very carefully studied for compliance with the Minsk agreements and the Steinmeier formula,” said Dmitry Peskov, spokesman for the Russian President.
In the self-proclaimed republics of Donbass, in turn, the Zelensky bill was criticized immediately after it was submitted to the Verkhovna Rada.
“These amendments have nothing to do with Ukraine’s implementation of the Minsk agreements and decisions recorded during the last meeting of the leaders of the Norman Four.” I want to remind you that, in accordance with the Minsk agreements, all changes relating to the special status of Donbass should take into account its features and must be agreed with the Lugansk and Donetsk People’s Republics, ”Novorossiya news agency quoted the opinion of the chairman of the LPR People’s Council Denis Miroshnichenko.
The law for the "man of the president"
According to the deputy chairman of the “Servant of the People” faction, Alexander Kornienko, this week Zelensky’s bill will be sent for examination to the Constitutional Court. Then, depending on the decision of this instance, the document will be considered by the Verkhovna Rada. Kornienko suggested that the conclusion of the Constitutional Court would be ready in January.
- Participants in a rally for decentralization of power near the Verkhovna Rada in Kiev
- RIA News
Meanwhile, in parliament, the published bill provoked mixed reactions even among the pro-presidential faction.
“Deputies from the“ Servant of the People ”today for the first time saw the presidential bill. And there is not a word in it about the implementation of the Minsk agreements, as the Foreign Ministry had calculated. As I understand it, there is also shocked by such an initiative. I think that the opposition forces will not only criticize this bill, but will also organize protests, ”said a RT source in the Servant of the People party.
Zelensky does not want to carry out decentralization, but, on the contrary, is trying to strengthen his power, a RT source in the European Solidarity Party noted.
“Behind loud calls for the need to implement the Minsk agreements and bring peace to the Donbass is a banal desire to concentrate all power in their hands. Runaway president Viktor Yanukovych couldn’t even dream of such a thing. An unknown prefect appointed by the president will be able to reverse the decision of local authorities. And where are the powers of the regions? And, most importantly, where is the attempt to solve the problems of the east of the country? I think that after such a decision, the president’s rating will collapse, ”the deputy said.
Vladimir Zelensky took a dangerous path, a representative of the Golos party said in an interview with RT.
“Every Ukrainian president is trying to strengthen his power. But Zelensky, obviously, thought about it immediately after the appointment, and this is dangerous for society. If the bill is adopted, then local authorities will not think about local residents and will not make attempts to improve their lives. Officials will quickly realize that voters have almost no effect. It is enough to agree with the "man of the president." I think the Western partners will severely criticize such initiatives, ”the source said.
Vladimir Zelensky wants unlimited power, and this is very dangerous, believes the source of RT in the party "Fatherland".
“Imagine that tomorrow he will halve the Dnepropetrovsk region, because he does not like the local authorities there. I think protests may begin. A large concentration of power can adversely affect Zelensky. A person without experience, without special knowledge will be almost single-handedly making global decisions. It seems to me that he is simply not ready for this and the consequences can be the most sad. In Ukraine, everyone already knows how to disassemble paving stones and create Molotov cocktails, ”says the representative of the Fatherland.
Redrawing borders
According to experts, Zelensky either did not properly prepare his bill, or intentionally replaces the concept of "decentralization."
“It's time to talk about trying to subordinate local government to the president. The prefect will have the same powers that the prosecutors had at one time. He gets the right to stop virtually any decision of local authorities and becomes himself an influential center of power, ”said Ruslan Bortnik, director of the Ukrainian Institute for Analysis and Policy Management, in an interview with RT.
- Verkhovna Rada meeting
- RIA News
According to him, if earlier the power in the regions in Ukraine was divided between the government and local elites, then after the adoption of the Zelensky bill, it will be divided between the president and local elites.
According to Bortnik, in practice, key decisions on the ground, from building roads to approving the budget, will have to be coordinated with the prefect, otherwise he will block them. Thus, Kiev will control financial flows in the regions, but ordinary voters will lose the opportunity to influence local authorities through legitimate, legal procedures.
“This approach should not be called decentralization. But you need to be honest: this is centralization, that is, the introduction of presidential control over the regions. The idea of creating these prefects, it seems to me, has not been finalized, ”Bortnik noted.
The expert of the Council on Interethnic Relations under the President of the Russian Federation, Bogdan Bezpalko, also believes that the Zelensky bill will lead to centralization, and not to decentralization of power.
“Decentralization provides for the expansion of the powers of regional authorities in all areas: political, economic, cultural, tax. And the institution of prefects is an attempt to limit the powers of the regions, ”he said in an interview with RT.
Bezpalko suggests that if the law is passed, territorial-administrative changes will follow.
“Some areas will be enlarged, some will be liquidated, borders will be changed for some areas. Accordingly, the authorities in these regions will also change; the center will have more opportunities to influence them. Apparently, this law has been proposed for this, ”concludes the expert.