Translation:On the Self-governing Special Administrative Territory of Transcarpathia, 1992 (draft)

by Regional Council of Transcarpathia

THE LAW OF UKRAINE

"On the self-governing special administrative territory of Transcarpathia", 1992 (draft)

As is known, at the regional referendum of December 1, 1991 546,450 people (78 percent) of the adult population of the region voted in favour of granting Transcarpathia a status of self-governing special administrative territory, as a part of independent Ukraine.

Taking into consideration the will of the overwhelming majority of the population of the region, Regional Executive Committee set up a working commission to develop the status of Transcarpathia as a self-governing special administrative territory. Following is the text of the draft Law of Ukraine "On the self-governing special administrative territory of Transcarpathia".

Given the historical, economic, ethnic, national, cultural and geographical features of Transcarpathia,

on the basis of the Constitution of Ukraine, the Law "On local councils of people's deputies of Ukraine and local self-government," Declaration of the Rights of National Minorities,

based on the universally recognized norms of international law,

in this Law, the Parliament of Ukraine determines the basics of a special self-government on the territory of Transcarpathia in accordance with expression of the will of its population in the referendum on December 1, 1991.

Section I

GENERAL PROVISIONS

  Article 1. The self-governing special administrative territory Transcarpathia

The special self-governing administrative territory Transcarpathia is a special subject of administrative and territorial structure of Ukraine.

Article 2 Constitutional and legal status of Transcarpathia

Status of Transcarpathia defines the Constitution of Ukraine, this Law, the Statute and other regulations of Transcarpathia.

Article 3. Principles of special administrative government

The status of self-governing special administrative territory of Transcarpathia is based on the following principles:

1. Inviolability and indivisibility of the territory of Transcarpathia as an integral part of Ukraine
2. Non-accession of Transcarpathia in any other state and administrative-territorial formations
3. Ensuring the rights and freedoms of the individual
4. Ensuring national territorial and cultural autonomy
5. Ensuring economic independence and the right to choose the forms of its realization, self-financing

        Distribution of powers of national authorities and authorities of self-governing special administrative territory define this Law in the absence of direct effect of acts of the executive and administrative authorities of the State in the territory of Transcarpathia.

Article 4. Administrative-territorial structure of Transcarpathia

Determination of administrative and territorial structure of Transcarpathia, the competence of its authorities.

Relevant national administrative units in areas of compact settlements of ethnic groups are formed by the will of the majority of the citizens of the area.

Article 5. Representation of Transcarpathia in the Parliament (Verkhovna Rada) of Ukraine

Representation in the Verkhovna Rada of Ukraine shall be subject to Ukrainian legislation.

Article 6. Languages of Transcarpathia

Languages of national groups are used along with the state language.

Procedure for their use is determined by the public authorities of Transcarpathia.

Article 7. The State Symbols

Transcarpathia has its own symbols, which are used along with the state symbols.

Section II

ECONOMIC AND FINANCIAL BASE OF SPECIAL SELF-GOVERNMENT OF TRANSCARPATHIA

Article 8 Property relations

The exclusive right of possession, use and disposal of land and its mineral wealth, forests, water, flora and fauna belongs to the people living on the territory of Transcarpathia, and is implemented on their behalf by the public authorities of Transcarpathia.

The production potential of the industry, construction, agriculture, recreation, tourism, transport, communications, consumer services and other industries, which are on its territory, is also the property of the population of Transcarpathia.

In the self-governing special administrative territory of Transcarpathia, there are the subjects of the national (Republican) property, which ensure the implementation of the exclusive competence of the state.

The order and timing of the transfer of the national property into the ownership of the population of Transcarpathia are determined on the basis of agreements with relevant subjects of appropriation. In the special self-governing territory are various forms of property, provided by the legislation of Ukraine. All subjects of property are ensured equal rights.

There is the private ownership of land. The sale of land to foreign companies and individuals is prohibited.

Article 9. Principles of economic and financial activities

Economic activity in the self-governing special administrative territory of Transcarpathia is carried out on the following principles:

1. Guaranteeing the ownership of the property, manufactured products, free choice of partners, the implementation of export-import operations, independent use of profit (income)
2. Creating equal opportunities for the development of all types of business activities based on various forms of ownership
3. Contractual relations of taxation, privileges, credits, quotas, licenses, subsidies
4. Non-interference of public authorities in the economic and commercial activity of economic entities
5. Providing investors with legal and economic guarantees from the nationalization of their property.

Financial activities of Transcarpathia are based on the principle of self-financing.

Article 10. The budgetary system

The budgetary system of Transcarpathia is a structural part of the budgetary system of Ukraine. Relations between them are determined by the treaties of relevant public authorities.

Budget revenues of Transcarpathia are formed by taxation of gross income of the economic entities, as well as contributions from the excise tax on some goods, from charges for placing infrastructure communications and their use, tax for monopolistic position, fees for the use of resources and other fees, determined by the public authorities of Transcarpathia.

Terms of taxation of investment and reinvestment are determined on the contractual basis by public authorities of Transcarpathia.

The procedure for forming the revenue and expenditure side of the budget, a reserve fund for granting subventions to administrative-territorial units are established by public authorities of Transcarpathia.

Transcarpathia has a right to budgetary vacation and the budgetary credit.

Article 11. The financial and credit relations

Financial and credit system of Transcarpathia is a structural part of the financial and credit system of Ukraine.

The basic structural unit of the financial and credit system is the local office of the National Bank of Ukraine or one of the commercial banks, determined by the National Bank of Ukraine.

Commercial banks and other financial and credit institutions of the self-governing territory are granted the following rights:

1. To open bank accounts to Ukrainian and foreign legal entities and individuals for performing operations in national and foreign currency
2. To carry out correspondent relations with foreign banks
3. To carry out operations on the accumulation and allocation of foreign currencies
4. To establish joint banking institutions with foreign partners
5. To accredit representative offices and branches of foreign banks and other financial institutions
6. To establish foreign exchange and stock markets with the right to conduct foreign exchange auctions.

Public authorities of Transcarpathia can create collateral funds of credit resources.

Article 12. The foreign trade and customs relations

Foreign trade and customs relations in the self-governing special administrative territory of Transcarpathia are regulated by the laws of Ukraine and this Law.

Section III

DENOMINATION OF COMPETENCES OF THE STATE AND SPECIAL SELF-GOVERNING ADMINISTRATIVE TERRITORY OF TRANSCARPATHIA

  Article 13. Competence of the State in the special self-governing administrative territory

The competence of the State in the special self-governing administrative territory of Transcarpathia is defined by the Constitution and legislation of Ukraine with the specifications provided by this Law.

Article 14. A joint competence of the state and self-governing special administrative territory

The common competences of the state and self-governing special administrative territory are:

1. Forecasting and programming socio-economic and scientific-technical activities
2. Business regulation
3. Regulation of labour relations, personnel training and retraining
4. Regulation of foreign trade activities and organization of customs control
5. Operation of energy, transportation and communications
6. Environmental protection
7. Social Security
8. Health, education, culture
9. Protection of public order
10. Statistics
11. Protection of monuments of nature, history and culture.

Article 15. The general competence of self-governing special administrative territory

The self-governing special administrative territory of Transcarpathia is entitled to consider and decide on any matters pertaining to its competence according to this Law and other legal acts.

Article 16. Competence in the administrative and political sphere

Competences of self-governing special administrative territory in the administrative and political spheres are:

1. Adoption of the Charter of the self-governing special administrative territory, other regulations not inconsistent with this Law
2. Designation of bodies (institutions) of special self-governance and their establishment
3. Designation of administrative and territorial structure, creation and liquidation of administrative and territorial units, establishing and changing the borders between them, the designation of the category and the subordination of settlements, their naming and renaming
4. Definition of the legal status and procedure of formation of national administrative units
5. Conducting local referendums on any issue other than change of the constitutional order or the state border
6. Population census of the self-governing special administrative territory
7. Determining the status of economic and social organizations, activities of which extend to the territory
8. The formation of a municipal police force
9. The use of resources, capacity of businesses, organizations and institutions in emergency situations for the prevention and liquidation of their consequences, civic engagement in emergency relief, introduction of quarantine and other necessary activities
10. Suspension of the of acts of state bodies, organizations and institutions regardless of their subordination, as well as lower-level public authorities and executive bodies, which are contrary to the law, violate the rights and legitimate interests of citizens, and judicial consideration of such cases
11. Approval and nomination of candidates for the appointment and replacement of the heads of government departments and agencies of the corresponding levels, regardless of their subordination.

Article 17. Competence in the field of economy and finance

Competences of self-governing special administrative territory of Transcarpathia in the sphere of economy and finance are

1. Possession, use and disposal of all natural resources and industrial potential
2. Creation and transition of economic agents, the granting of permission for the use of industrial resources
3. The establishment of order and level of taxation of business entities
4. Determination of the order of formation, the cost orientation and levels of the budget, taking into account the share of general state expenditure
5. Ensuring social orientation of economic development of the territory
6. Establishment of commercial banks and other financial institutions, giving them the rights provided by this Law, obtaining and issuance of loans, issuance of shares and other securities, the creation of collateral and other funds, issuance of concessions
7. Setting limits on the size of payment for use of natural resources, pollution and waste disposal
8. Establishment of local fees for the extraction of minerals, use of mineral and thermal waters, use of resorts
9. Establishing a system of quotas and licensing of the export and import products, regulation of barter exchanges
10. The establishment of order of entry and temporary stay in the territory of Transcarpathia for Ukrainian citizens and foreign nationals who are travelling there across the state border
11. The regulation of the customs regime for subjects of economic relations of self-governing special administrative territory of Transcarpathia.

Article 18. Competence in social and cultural spheres

Competences of self-governing special administrative territory of Transcarpathia in the social and cultural spheres are:

1. Implementation of special measures for the social protection of the population, especially the poor; the establishment of subsidies due to increases in prices, benefits and direct financial assistance
2. The implementation of regional programs of development of social infrastructure
3. Implementation of measures aimed at the reconstruction and preservation of ethno-national and cultural environment
4. Regulating migration of the population
5. Implementation of measures to protect the health, and social protection of pensioners, mothers and children
6. Determination of the order of use of the languages of ethnic groups
7. State protection of cultures of national and ethnic groups, ensuring conditions for the work of institutions of education, culture and the media in the languages of ethnic groups, the activities of national-cultural associations
8. Ensuring equality of religions
9. The development of tourism and recreation, including International Tourism, recreational rehabilitation.

Article 19. Competence in the field of environmental safety

Competences of the self-governing special administrative territory of Transcarpathia in the field of environmental safety are:

1. The development of environmental policy, aimed at preserving the environment; the protection, rational use and restoration of natural resources; genetic conservation of nature and population
2. Determination of natural protected areas, spa, therapeutic, recreational areas and environmental protection facilities
3. Announcement of certain areas of Transcarpathia zones of ecological disasters, increased environmental hazards.

Section IV

SPECIAL SELF-GOVERNMENT BODIES OF TRANSCARPATHIA

Article 20. System of special self-government bodies

System of bodies of special self-government includes:

1. Collegial representative bodies, and executive and administrative bodies or local authorities
2. Bodies of territorial public self-government
3. Meetings, assemblies, local referendums and other forms of direct democracy provided by the laws of Ukraine.

Article 21. The formation, competences and forms of activities of the special self-government bodies

The procedure of formation, the number of members, the competence of a special form of governance and their activities are determined by the Ukrainian legislation with the specifications provided by this Law and regulations of Transcarpathia.

Article 22. The representative bodies of state power in Transcarpathia

Representative authorities in the special self-governing territory are People's Councils.

Article 23. The executive and administrative bodies or the local administration of Transcarpathia

Executive and administrative power in Transcarpathia and its administrative-territorial units carry out the relevant local administrations in the persons of their chairmen:

1. In villages, townships, cities - rural chairpersons (heads) and city heads (mayors)
2. In regions and districts - regional, district chairpersons
3. In the special self-governing territory - the chair of the administration of Transcarpathia (the regional, district chair, vicegerent, governor)

The heads of local governments are directly elected by the population of respective administrative-territorial units by secret ballot for a term of 5 years.

Article 24. The social basis of special self-government of Transcarpathia Bodies of territorial public self-government, and meetings, assemblies, local referendums, citizens' associations and other forms of direct democracy, act on the principles defined by the legislation of Ukraine with the specifications provided in this Act.

Section V

CONCLUDING PROVISIONS

Article 25. Legal guarantees of the special self-government of Transcarpathia

In cases where state authority of the special self-governing territory recognizes decisions of higher bodies of state authority contrary to this Law, its effect does not apply to the self-governing territory prior to a ruling of the Constitutional Court of Ukraine.

Article 26. Legal status of the special self-government bodies

Special self-government bodies are legal entities.