Marcin Święcicki, Polish Program of Support for Local Government

Reform in Ukraine

Chernihiv, 20 April 2015

1990•2500 communes

(gmina)

1998-1999•375 districts (powiat)•16 provinces (voivodeships)

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We already have central power, now we have to give people local power at grassroots level, so that they become responsible for themselves, we have to remove the old elites (1989 – Mazowiecki)

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Local government elections in May of 1990 and in 1998 must be carried out to reformed units, otherwise we will just fuel people’s frustration

• Government plenipotentiaries for reforms, Jerzy

Regulski (1990) and Michał Kulesza (1998), were

outstanding experts, not politicians

• deputy ministers in Prime Minister’s Chancellery with a

small team of co-workers

• The plenipotentiaries ultimately prepared the reforms

and presented their proposals directly to the

Government, they enjoyed Prime Ministers’ confidence

and countered the resistance of ministries

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• Strict division of competences: 94 professional acts were reviewed, village councils were given all powers which they could carry out themselves

• Own finances, own bank accounts, entitled to take credits• All public property serves local needs, including public land

• Local government units obtained the legal entity status

• The field government apparatus radically limited, abolished on the commune level, its employees were transfered to local administration

• Control over communes only as far as legitimacy is concerned, communes have the right to appeal in court

• Communes’ commercial activity limited to utility services

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• Real estate and spatial planning management• Water management (water supplies, sewage system, water

treatment etc.) and environmental protection• Health care (financing and control over public health care units)

• Education (financing and supervision of kindergartens, schools and other educational institutions)

• Local transport• Social security• Culture and sports• Public order and security (e.g. commune guard, fire and

flood protection)

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• auxiliary units of communes

• 40 500 village councils, all of them are villages

• no legal status

• Competences defined by the commune statute (!)

• The village general meeting elects the village head

and coucil, passes the budget and approves the

report

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• Maintain village fund,

• Receive other funding, e.g. to finance purchase of materials

if they conduct some works, such as pavement laying, road

repair, school renovation

• The village head represents the council in the village, is

entitled to collect taxes and may receive small remuneration

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• existed since Middle Ages - dissolved in 1975• in 1999, the network of over 300 districts was

reinstated• The network of districts prepared by experts• Based on capability of future counties to assume

responsibilities• In result of public consultations additional 40 units

were created

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• The new administrative division: 16 provinces (voivodeships) that replaced the former 49 units

• The provinces were created with the perspective of joining the EU where regions are partners of Brussels and must be capable of independent development planning and absorption of EU funds

• Experts recommended that 11-12 provinces should be established, 16 were result of political compromise and concessions to satisfy local ambitions

• The provinces’ population ranges from 1,0 do 5,3 mln people, with an area of 9,4 to 35,6 thousand square km

• Cities that lost the province status retained some province functions and offices

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• In 2002 - direct elections of village heads (rural communes),

mayors (towns) and presidents (cities), which increased public

control over local authorities. Presidents and mayors may be

recalled only in a referendum.

• There were fears concerning a situation in which a

president/mayor/village head represents a different political option

than the majority in the council, but conflicts are rare

• Most village heads and mayors represent local committees which

are completely independent or loosely connected with political

parties, even some presidents of major cities win as non-party

candidates (e.g. in Krakow, Wroclaw, Katowice, Poznan until 2014)

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