Ministry for Communities and Territories Development: Council of Europe issues opinion on establishment of Unified State Register of Local Self-Government Acts

The Centre of Expertise on Multilevel Government at the Congress of Local and Regional Authorities of the Council of Europe provided an Opinion on the introduction of the Unified State Register of Local Self-Government Acts in Ukraine. The document was prepared at the request of the Ministry for Communities and Territories Development of Ukraine.

The Opinion states that the creation of such a Register aligns with the broader European trend towards enhancing transparency and accountability of public authorities, including at the local level. Although there is no single standard for such registers across European countries, the prevailing practice in Europe is one of openness and public access to decisions.

However, Council of Europe experts emphasised the importance of properly implementing such a tool, in line with the principles of the European Charter of Local Self-Government. Specifically, it is recommended to:

• Ensure automatic publication of acts in the Register without the possibility of delays or obstruction by central authorities;
• Make the publication process simple and accessible for local self-government bodies;
• Adhere to the principle of proportionality in supervision, as outlined in Article 8.3 of the Charter: the frequency and depth of supervision should depend on the significance of the interests being protected, not on the ease of access to information about local self-government decisions;
• Provide that publication in the Register replaces the obligation to submit acts to supervisory bodies;
• Ensure the Register complies with personal data protection regulations (GDPR);
• Provide training for those responsible for monitoring.

Thus, the Council of Europe found no contradictions between the initiative to establish the Register and the provisions of the Charter, provided the above approaches are followed.

The Unified State Register of Local Self-Government Acts is a tool designed to ensure the transparency of local self-government decisions, simplify public access to this information, and prevent manipulation or selective interpretation of legal acts at the local level. Its implementation will facilitate more effective communication between central and local authorities and strengthen public trust in local self-government bodies.

The establishment of the Register is provided for in draft law No. 13150, which is under consideration in Parliament and awaits a vote in its second reading. The bill is designated as part of European integration efforts and is included in the implementation of the Plan for the Ukraine Facility.