Abstract
The Draft Law of Ukraine “On the City of Kyiv – Capital of Ukraine” is the more recent of a series of draft laws aiming at addressing some of the pending issues affecting the governance of the capital city. In several respects, the changes introduced by the draft law are welcome and clearly in line with the Charter and with European standards. This is the case in particular of the innovative provisions aimed at modernizing the administration and of the separation of functions between local and State authorities. The draft also reintroduces the urban districts as institutions of the local self-government. Except for the peculiar appointment of the executive head of the districts, this is also a welcome step. The proposed draft law also specifies to a much greater detail several aspects that are currently absent or not sufficiently regulated in the present law. This creates more legal certainty, although it might reduce the scope of local self-government and in some case the question arises as to whether the provisions cross the constitutional border between organization of local self-government (which is a prerogative of the State) and the specific aspects of its exercise (which is a local power). The core of the law is the clear separation between the local self-government and the executive power, and notably between the Mayor and the Head of the State City Administration. While this is as such a positive development, the draft law fails to achieve a balance between the two powers by conferring to the latter overwhelming functions, including heavy supervision and the exercise of powers that normally belong to judicial bodies. This raises severe issues of compatibility with the constitutional principle of the separation of powers and with the proportionality principle laid down in article 8.3. of the Charter.