LEGAL REGULATION OF PUBLIC DISCUSSION OF AN OVERSEER'S CANDIDACY

Abstract

The scientific research, authored by two authors, is dedicated to the peculiarities of the legal regulation of the procedure for public discussion on the candidacy for the position of overseer. The study examines the norms of legislation and decisions of local councils that regulate the procedure for public discussion. The works of scientists who studied the peculiarities of the legal status of overseers and the procedure for their elections are analyzed.

It is noted that the general principles for conducting public discussions on the candidacy for the position of overseer are established in Article 54-1 of the Law of Ukraine "On Local Self-Government in Ukraine". The procedure for public discussion on the candidacy for the position of overseer is more specifically regulated at the level of subordinate normative legal acts of local self-government bodies. It is pointed out that Ukraine lacks a Model Regulation on the procedure for public discussion of the candidacy for the position of overseer or a Model Regulation on the overseer.

It has been found that the normative acts of local councils provide for different procedures for conducting public discussions on the candidacy for the position of overseer. One of the methods of such discussion includes the organizational committee's door-to-door visits to collect signatures from community residents. Another method involves holding public meetings of district residents to discuss the candidacy for the position of overseer and expressing their will through signing necessary signature sheets. It has been discovered that certain subordinate acts of local councils provide for voting during the election of the overseer by a show of hands, with the election of a counting commission to tally the votes.

The authors propose that the Cabinet of Ministers of Ukraine adopt a Model Regulation on public discussion of the candidacy for the position of overseer, which should include different options for conducting public discussions on the candidacy for the position of overseer at the discretion of local councils, and establish a minimum participation percentage of district residents in public discussions for them to be considered valid.