Advisory Bodies: How the Law Has Regulated Residents' Participation in Local Self-Government

With this article, Intent continues its series of publications on the work of local self-government bodies. Today, we will focus on consultative and advisory bodies.

Advisory bodies attached to local government agencies and/or officials are one way to involve residents of a local community in the preparation and discussion of administrative decisions. It should be noted that consultative and advisory bodies do not have the authority to make decisions on their own, but serve as platforms that help public authorities make more informed decisions.

According to the Dictionary of the Ukrainian Language, the term “advisory” refers to someone who has the right only to discuss an issue, not to resolve it.

Prior to the entry into force of the amendments introduced by the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding People’s Sovereignty at the Local Self-Government Level” (hereinafter—the Law), the issue of the right of local self-government bodies and officials to establish consultative and advisory bodies was regulated primarily by separate subordinate regulatory acts and recommendations of the Cabinet of Ministers of Ukraine. These documents specified that a particular procedure must be followed when establishing such bodies. For example, see paragraph 2 of the CMU Resolution “On the Approval of Model Regulations on Youth Councils” and paragraph 5 of the CMU Resolution “On Ensuring Public Participation in the Formulation and Implementation of State Policy.”

With the Law’s entry into force in January 2025, amendments were made to existing legislation. In particular, Article 13-3 was added to the Law of Ukraine “On Local Self-Government in Ukraine,” which explicitly enshrined the right of local self-government bodies and officials to establish consultative and advisory bodies at the level of law. This article consists of only two parts, so let’s take a closer look at exactly what the lawmakers included there.

Part One states that residents may serve on and/or participate in the work of consultative and advisory bodies (if such bodies are established) under local self-government bodies and/or officials for the purpose of preparing proposals to improve their work, participating in the drafting of legislative acts, and resolving other issues falling within the authority of said bodies and/or officials.

First, let us focus on the phrase “if such bodies are established.” In other words, the establishment of consultative and advisory bodies is a right, not an obligation, of a local self-government body or official.

Second, the first part specifies the purpose for which residents may serve on and/or participate in the work of consultative and advisory bodies. Such participation is aimed at preparing proposals to improve the work of the relevant body or official, drafting legislation, and participating in the consideration of other issues within their purview. At the same time, the article does not establish the purpose of the activities or the powers of a consultative and advisory body as an institution.

Part Two states that the tasks, composition, and organization of the work of consultative and advisory bodies attached to local self-government bodies and/or officials are determined by a decision of the body or official under which they are established. Meetings of consultative and advisory bodies may be held via videoconference. Information regarding the agenda, date, location, and time of a consultative and advisory body’s meeting, as well as the decisions adopted following the meeting, shall be posted on the council’s official website.

First, note that a local self-government body or official establishes an advisory body “tailored to its needs,” independently determining its tasks, composition, and organization.

Second, the law ensures the transparency of the activities of consultative and advisory bodies by establishing an obligation to publish information about their meetings and the decisions adopted as a result of their work.

In summary, consultative and advisory bodies are one of the mechanisms for involving residents in addressing issues of local importance. They do not make authoritative decisions on their own, but they do provide the public with the opportunity to participate in drafting legislation, formulating proposals, and improving the work of local self-government bodies and officials. At the same time, the law grants a local self-government body or official the right to independently determine the advisability of establishing a consultative and advisory body, as well as its tasks, composition, and operating procedures, combining organizational autonomy with the requirements of openness and transparency in its activities.

Anatoliy Boiko, head of the Odesa regional branch of the All-Ukrainian Public Organization “Committee of Voters of Ukraine,” commented on the activities of consultative and advisory bodies as follows: “It is difficult to assess the overall effectiveness of consultative and advisory bodies, since, first, there are no clear criteria for this effectiveness, and, second, far from all of these bodies operate with sufficient transparency. However, given that we hear little about their activities, their effectiveness is unlikely to be high. In general, the activities of these bodies are, for the most part, plagued by significant inherent flaws. On the one hand, the government agencies under which they were established typically do not view them as equal partners and do not allow them to participate in making actual decisions. On the other hand, the members of these councils do not always possess the necessary level of competence and professionalism. Until this situation changes, it is difficult to speak of the real effectiveness of such bodies.” 

Сергій Бондаренко