The Constitutional Court of Ukraine continued consideration of the issue regarding the role and powers of local self-government bodies in the voluntary association of territorial communities
The Grand Chamber of the Constitutional Court of Ukraine, in the open part of the plenary session in the form of oral proceedings, continued consideration of the case based on the constitutional submission of 51 people's deputies of Ukraine to examine the issue regarding the role and powers of local self-government bodies in the voluntary association of territorial communities. This was reported by the Constitutional Court of Ukraine.
The subject of constitutional control in this case is paragraph 6 of part one of article 4, and part three of article 11 of the Law of Ukraine "On Voluntary Association of Territorial Communities" dated February 5, 2015, No. 157–VIII with amendments (hereinafter – the Law).
The contested provisions of the Law establish that the voluntary association of territorial communities of villages, settlements, and cities is carried out under the following conditions: "the association of territorial communities is carried out in accordance with the prospective plans for the formation of community territories of the Autonomous Republic of Crimea, oblast" (paragraph 6 of part one of article 4); "the prospective plan for the formation of community territories of the Autonomous Republic of Crimea, oblast is approved by the Cabinet of Ministers of Ukraine upon submission by the Council of Ministers of the Autonomous Republic of Crimea, the respective regional state administration" (part three of article 11).
The reporting judge in the case is Oleg Pervomayskyi.
The subject of the constitutional submission believes that the contested provisions of the Law do not comply with several provisions of the Constitution of Ukraine. In particular, in his opinion, "the introduction and existence of a legislatively established mechanism for the association of territorial communities contradicts the ideology of voluntary association of territorial communities and leads to a narrowing of the constitutional right of community residents to such voluntary association. Since the association process must currently take place within clearly regulated frameworks defined by prospective plans."
The Court resumed consideration of this case in the open part of the plenary session in the form of oral proceedings and involved in the case the Vice Prime Minister for the Restoration of Ukraine – Minister for Communities and Territories Development of Ukraine Oleksii Kuleba, Deputy Director for Scientific Work of the Research Institute of State Building and Local Self-Government of the National Academy of Legal Sciences of Ukraine Iryna Bodrova, Head of the Department of Constitutional Law of Ivan Franko Lviv National University Olena Boryslavska, and Chairman of the Board of the Public Organization "Center for Political and Legal Reforms" Ihor Koliushko.
At the open part of the plenary session on June 2, 2026, the Court considered a number of motions, including granting the motion of the permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Maksym Dyrdin regarding the involvement in the case of the Deputy Minister for Communities and Territories Development of Ukraine in 2019–2023 Vyacheslav Nehoda, as well as the proposal of the Vice Prime Minister for the Restoration of Ukraine – Minister for Communities and Territories Development of Ukraine to involve in the case the Deputy Minister for Communities and Territories Development of Ukraine Oleksii Riabyk. The Court heard the positions of the involved participants in the constitutional proceedings – Head of the Department of Constitutional Law of Ivan Franko Lviv National University Olena Boryslavska, Chairman of the Board of the Public Organization "Center for Political and Legal Reforms" Ihor Koliushko, as well as Deputy Minister for Communities and Territories Development of Ukraine Oleksii Riabyk.
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