Legislative Factions and Groups: How They Influence the Council's Work

Local council members may form both parliamentary factions and parliamentary groups. Intent explored why council members form factions and groups, what rights such groups have, and what responsibilities their members bear. With this publication, we continue our series of articles on local self-government.

General Information About Council Factions and Groups

A legislative faction is a voluntary association of local council members who represent a single political party or its local organization. A faction reflects the party’s political stance in the council and enables its representatives to coordinate their actions.

A council group is a voluntary association of council members who have decided to work together on specific issues or to represent shared interests. Unlike a faction, members of a group do not necessarily have to represent the same political party.

The main difference lies in the principle of association: a faction is formed exclusively on political grounds, while a group is based on the shared interests of specific deputies, their goals, or areas of focus.

Joining and Leaving Legislative Factions and Groups

The law does not specify a minimum number of members required to form a faction. However, it does establish a minimum number of members required to form a parliamentary group: at least three members in village and settlement councils, and at least five in district, city, and regional councils.

Unlike factions, the law does not set a general limit on the number of deputy groups to which a single deputy may belong. At the same time, such matters may be regulated by the rules of procedure of a specific council.

Joining or leaving a deputy group is a voluntary decision by the deputy. The law does not provide for any specific legal sanctions against a deputy for terminating membership in such a group.

The situation with parliamentary factions is somewhat more complex. A deputy may belong to only one faction, and joining or leaving it is a voluntary decision. At the same time, for deputies elected from party lists (except for deputies of village and settlement councils), refusing to join their party’s faction or terminating membership in the faction may serve as grounds for recall through a popular initiative.

A separate situation arises in the event of a court-ordered ban on a political party. Its members in local councils do not automatically lose their seats. Moreover, the procedure for their recall is complicated, since the final decision on the recall of a council member elected from a party must be made by that party’s highest governing body.

Rights of Legislative Factions and Groups

Despite differing principles of formation, parliamentary factions and groups have equal rights. In particular, they may:

1. Have proportional representation on the council’s standing and temporary committees.
2. Discuss in advance the candidates for officials whom the council elects, appoints, or confirms.
3. Be guaranteed the right to speak through their representative at the council’s plenary sessions on every item on the agenda.
4. Join forces with other factions and groups to form a majority in the council or an opposition.

Other matters concerning the formation and activities of deputy factions and groups are determined by the rules of procedure of the respective local council. These rights allow factions and groups to coordinate the work of their members, present a common position, and influence decision-making in the council.

Conclusion

Deputies’ factions and groups help deputies join forces, coordinate their positions, and work together on issues important to the community. At the same time, neither factions nor groups can independently make decisions on behalf of the local community. This authority belongs to the respective local council, which makes decisions at plenary sessions through a vote by council members.

Сергій Бондаренко