(52e L1) Charter of Ukrainian Cities /Association of Cities/ PDF Print E-mail

PREAMBLE

The Charter of Ukrainian cities was drafted by the Association of Ukrainian cities on the basis of the Constitution of Ukraine, current legislation and the Charter of European cities which incorporated the world’s best experience on issues of city and municipal development. The impetus to create this charter was the need to direct attention of all state power bodies and citizenry to the problems of the city and focus the efforts of all interested parties concerned on the basic issues which will determine the future of our cities, such questions as:

- to assure and maintain the vitality of Ukrainian cities and providing them with opportunities for social and cultural development;

- refurbishment of municipal housing;

- improvement of environmental conditions of cities;

- development of cities and involvement of residents in the process of city development.

The major goal of the Charter is the consolidation of efforts of local governments, their associations, civic and other organizations aimed at establishment and development of local self-governance and providing local governments with conditions facilitating city administration.

The Charter is grounded on the basis of principles, responsibilities and rights which should govern the city administration, which may be easily employed and be enjoyed by the residents and their cities and towns.

In the line with aforementioned, the Charter is based on:

1. Specific duties of the local governments in the field of the city development.

2. Quality aspects of city development and quality of life in the cities.

3. Ideas of reciprocal cooperation and solidarity among:

- local governments aimed at assurance of high living standards;

- state power bodies and local governments concerning issues of delegation of authority delegation;

- local governments and the relevant communities with the purposes of assessing the needs of the city and involvement of their residents to decision-making process;

- Ukrainian cities and cities of other countries.

4. The idea of granting city residents with permanent rights: to be protected against violence and public nuisance, environmental pollution, unfavorable environment, as well as the rights providing the people with the opportunity to perform supervisory responsibilities over activities of the relevant local community; the right for housing, health care, cultural recreation and freedom of movement and the like.

The Charter provides equal rights for all residents of Ukrainian cities irrespective of sex, age, race, religion, social, economic and political status, physical and mental disability.

Consequently, protection of these rights through elaboration of appropriate strategies is one of the responsibilities of local and regional governments.

SECTION 1

ROLE OF CITIES IN UKRAINIAN SOCIETY
CITY POLICIES AND CITY PROBLEMS

Actually, cities in Ukraine like all the others in the history of civilizations have always been, are and will be centers of economic, political and cultural life, and the ideal places for active social and public activities of the people.

Over the time cities turned into political divisions with relatively autonomous units where the communities of residents with particular interests and a similar system of government, organization of utility services, construction and other components of the municipal economy were combined into territorial communities.

These days it is hardly ever possible to give an example of a city that performs its functions appropriately and assure the residents proper standards of life and services; almost all the cites fail to achieve the equilibrium between economic development and protection of a safe environment. On the contrary, the overwhelming majority of Ukrainian cities face quite a number of problems: the poverty of city residents, the destruction of historical centers, the excessive concentration of motor vehicles, air, water and soil contamination, lack of sufficient accommodations at fair prices, as well as problems in the field of health care. High levels of unemployment especially among the young and growing level of crime and law infringement are also common problems.

City development requires vast territories for construction sites, including construction of plants and factories, air terminals, and resort areas creating conflict of interest with surrounding villages, raions and oblasts which, while protecting their concerns, simultaneously use the utility services (cultural, medical and commercial) and employment sites provided by a specific city.

Division of administration into city and suburban administration results in the following:

- qualitative and quantitative discrepancies in services provided within the city and beyond its limits;

- the excessive development of the industrial sector in suburban areas and restriction of opportunities necessary for the development of its own potential;

- use of the resources provided by the environment (water and power supply, etc.) and waste disposal.

Hence, there are needs in the balanced development of cities and settlements concerning big cities that may be addressed through regional planning, efficient cooperation between municipal and local governments in the field of reciprocal decision-making.

A broad range of factors impact the vital activities of a modern city – in the first place are economic development, new technologies, socio-cultural factors, as well as the evolution of the legislative process.

Any action undertaken by a city calls for a comprehensive preliminary survey and evaluation, knowledge and responsibility since municipal policies gradually influence the life and activities the people residing within the territory of a city in the civic and private life of any particular individual.

Municipal policies should rely on a combination of the drastic policies of local government and planning of city development and pursue the ultimate goal - that is to assure the efficient city development providing the most favorable opportunities for living and recreational activities of the city residents.

The basis of city development should be grounded on direct participation of its residents in the process of handling local affairs. At the same time a city should enjoy the right to autonomy and financial independence.

City administration is regarded as a significant public act, thus it calls for permanent and routine cooperation among the elected representatives and city residents.

Contemporary unsatisfactory living conditions of the city residents should facilitate the revision of the concept of modern cities. Such a revision should result from coordination of all the efforts and actions of the parties concerned, including the city residents, managers, experts, politicians, government officials and other individuals residing and working within the territory of a particular city.

A model city, a city of the future shall be that one with balanced sectors and various types of activities (traffic, living and working conditions, recreation areas); local government of such a city assures the protection of human rights of a citizen and provides its residents with the best living conditions; a city of the future reflects the style of life and thoughts of its residents and responds to them appropriately; such a city takes into account the interests of all those individuals who use its facilities, work or trade, come on a visit, go sightseeing, seek sources of information, try to enrich one’s knowledge or yearning for entertainment.

A modern city should provide equilibrium between city development and protection of historical sites and traditions. A city is the original historical museum where people live and work, build new streets, houses, churches, libraries, plant trees and preserve safe environment. These activities result in our collective inheritance that enable the people to feel the past in their everyday life and experience their involvement in the creation of the future.

Cities are supposed to function and be governed on the basis of principles that can not be restricted only to solution of financial issues and mechanisms or to the traditional means of functional city development. Local governments should aim to employ the elements and techniques acquired from the best practices of national governments and the private sector.

Since cities actually play an important role in national, European and world development they should participate in the system of cooperation and exchange at the regional, national and international levels through the establishment of friendly relations, concluding agreements, entering national and international associations and non-governmental organizations.

All the city residents shall be provided with equal rights irrespective of sex, age, race, religious denomination, political affiliation and physical or mental disability.

Furthermore, city residents shall have the right:

– to be provided with comfortable and modern housing facilities, including water and power supply at fair prices;

– to health care; any city needs to be provided with green areas (parks and public gardens), broad and quiet streets and avenues;

– to be provided with opportunities for recreation and entertainment, social development, safe traffic for all pedestrians (municipal transport, private cars, bicycle drivers);

– for high level municipal services; targeted assistance for the poor;

– legal protection; labor; safe environment; modern conveniences; opportunities for education and professional training.

SECTION II

MAJOR STRATEGIES AND PRINCIPLES OF CITY DEVELOPMENT

Strategies and principles which will be further defined are considered universal and can be easily employed by all the cities throughout Ukraine since they face similar problems.

  1. City Government Economic Development Strategies

  2. Cities play a significant role in the development of the national economy for they possess the basis for economic and production development, distribution, change and use of consumer goods. Economic development of cities impacts gradually the increase of residents’ living standards.

    Principles

    1. Economic and social development of cities is an interdependent process.

    There exists explicit interdependency between how city residents accomplish local economic development goals and how they use the achieved results for their own needs (recreation, cultural leisure, religious practices and the like). Consequently, the major goal of any local government will be the living standards of any single community resident rather than the level of community well-being as a whole.

    Development of any individual is regarded as a significant component in socio-economic development strategies and city management. One should bear in mind changes in the needs of any individual in the course of life.

    Consistent development of any community, meaning the establishment of balances between economic development, environmental safety and social development should be the key goal of city economic development.

    2. Through the mirror of economic and social development city constitutes an integral region and neighborhood component.

    While drafting policies, strategies, proposals and schedules of city economic development, local government should take into account city interrelations with the region as a whole.

    Assessment of economic development strategies of other cities, evaluation of opportunities for possible cooperation (e.g. joint use of natural resources – water, mineral ores and the like), employment of residents in neighboring communities, use by them of communal services, as well as needs for additional natural and human resources call for other policies to be taken into consideration.

    These factors require networking with other local governments and higher-level administration whose direct responsibilities provide for economic development of large territories.

    3. Economic development and increase depend upon infrastructure, sufficient level of organization and support provided for the achievement of economic goals and objectives.

    Any development calls for a relevant infrastructure: transport and communal services, telecommunications, social and everyday repairs; other services and the like. Traditionally, the creation of the aforementioned infrastructure without which any city is unable to exist constitutes the major responsibility of a local government operation.

    Hence, any local government activities strive either to create or improve city infrastructure and should be taken into account in economic development strategies.

    4. Cooperation between private and public sectors is a significant aspect in any city’s economic development.

    Development of market relations and economy takes place under conditions of continuing policy wrangling between various concepts and tendencies, particularly those ones concerning reinforcement of public oversight of the economic situation and its downturn. It goes without saying that market development strategies call for consistent revision.

    Consequently, local government should aim to involve sought-after private business in order to achieve the major social goals; additionally, local government is urgently required to employ elements of competition in the operation of public services.

    Creation of city infrastructure traditionally was imposed on the public sector. However, since city infrastructure plays an important role for operation of other sectors and deriving from the fact that local government frequently fails to provide financial support for land improvements, it is necessary to revise the assignment of relevant duties and responsibilities.

  3. Housing Construction

  4. Expenditures aimed at developing and improving construction sites accounts for the major part of local budgets. Housing construction constitutes a significant part of land development. Actually, land development is the key function among city activities, alongside the employment of residents, recreational facilities and transport services.

    Principles

    1. Any city resident shall be granted the right to private accommodation.

    Statutory acts issued by local governments should assure personal freedom and protection of private life against intrusion of representatives of public and private businesses; local governments should be obliged to draft strategies and policies targeted at enforcement and adherence to sanitary regulations and rules, the relevant standards with respect to noise treatment, wall partition and the like.

    2. Local government should be bound to provide the opportunity for free choice and change of accommodation.

    Cities and local governments should provide a broad choice of accommodation in order to meet the needs of city residents.

    Any proposed accommodation should adhere the requirements and material possibilities of city residents with due regard to financial, material and other possibilities of local government.

    Obstacles emerging during the process of accommodation change should be eliminated, thus the heavy tax burden should be reduced.

    3. The right to accommodation for certain categories of residents and their families should not be assured exclusively by market relations.

    Actually, opportunities of residents to receive an order for accommodation free of charge were gradually reduced. Thus, certain categories of population, including the elderly people, disabled, unemployed or families with one parent are deprived of the opportunity to exercise their right to accommodation.

    Overall, local government should be in charge of construction site policy. Local governments should be provided with an opportunity to employ direct actions in order to achieve the major social task and implementation of measures and events aimed at inducement of the private sector.

    4. Housing construction policies should be supported by the relevant financial and budgetary tools.

    Local government is supposed to provide the relevant financial and budgetary tools in order to be in charge of housing construction projects and refurbishment of obsolete premises.

  5. Municipal transport services and freedom to travel.

  6. As a matter of fact, human beings have always longed for expansion of their activities resulting in rapid development of amusement parks.

    In the course of time, automobiles (especially private cars and trucks) turned out to be an urgent problem to be resolved immediately. On the one hand, means of communication provide opportunities for choice of residential area and labor activities. On the other hand, means of communication always endangers a city with noises, inconveniences of various types, psychological and physical threat, environmental pollution and limited space.

    Additionally, resulting from the expansion of transport networks it frequently seems impossible to provide efficient and economical municipal transport services in adjacent areas.

    It should be underscored that a sharp increase in private cars in Ukraine is not necessarily accompanied by adequate improvements to roads and highways.

    Principles

    1. It is necessary to revise strategies of planning and use of land in order to resolve transport problems.

    Resulting from inefficient use of land, cities became overcrowded; surrounding areas appeared where it seems impossible to create an effective municipal transport network. Consequently, transport as the major achievement of 19th and the beginning of 20th centuries fails to provide city residents employed in other areas or those seeking goods and services with a convenient means of communication.

    New approaches to planning and land use should be the major issue area in resolving the aforementioned problems. These policies are called upon to meet the needs of the population for high levels of housing conveniences, employment and other facilities.

    2. Transport movement should be arranged in such a way that it provides necessary conditions and coexistence of various means of communication.

    This means that municipal and collective means of communication, bicyclists and pedestrians have privileges over individual transport users, including cars and trucks. Traffic rules and regulations prohibit access of heavy lorries and trucks to certain streets, thus enabling pedestrian to move safely along the streets controllable by motor-transport authorities. It means construction of sidewalks and thoroughfares for bicyclists and pedestrians; designation of special parking lots, use of cheap, safe and reliable municipal transport for getting to downtown areas.

    3. Streets are supposed to meets the needs of city residents.

    In order to meet the needs of city residents it is expedient to create broader pavements, sidewalks and thoroughfares for pedestrians, to control traffic movement with the help of the relevant street planning and location or to use streets with one way movement.

    This can be achieved by making improvements to the streets, pavements and roads, for example improving window displays and the physical standards of commercial buildings, planting of greenery, construction of fountains and sculptures.

    It means the expansion of advantageous and qualitative private and commercial activities within specially designated areas and city sites and protection against extraneous noise.

  7. City’s Environmental Protection

  8. Air and land are polluted with dangerous substances and waste products resulting from the operation of plants, enterprises, power stations, transport exhausts and the like. Greenery and shelter trees disappeared from certain municipal areas.

    It is extremely important to create zones of environmental protection and expand use of green plants. It makes any city beautiful and impacts the general city view without which it lacks individuality.

    Cities should have “lungs.” Plants and animals gradually influence personal contacts of children born in cities with nature.

    Local government is obliged to make the most efficient use of natural resources, to undertake measures aimed at environmental protection by inducement of ecologically clear industrial production, transport and consumption.

    Principles

    1. City government is responsible for the most efficient use of natural and power resources.

    Local and regional governments should incur responsibility for the use of limited resources (power, water, air, land, raw materials, food stuffs) and promote resolution of the issue concerning poisonous waste disposal.

    If possible, local government should seek natural resources within its own territory regarding the city as an exclusive ecosystem. Use of new technologies and methods such as solar and wind power, small-sized power stations, the allotment of land for gardens will contribute to effective environmental protection.

    2. Local government is responsible for the safe environment.

    With the purpose of retaining a clear environment, local government should pursue the policy of environmental contamination fighting. These measures should include the prohibition of waste disposal (solid and liquid waste) into rivers and lakes; processing of waste should be superceded by the reduction of the quantity at its source, consequently, non-waste production should be employed; automatic transport control systems and latest machinery and technology should be introduced; they are required to use ecologically pure fuel and the like.

    There exist needs for new branches of industry to use certain materials and reject those which endanger environmental safety, to use recycled fiber and post consumer waste, to create alternative sources of energy (power), etc. Development of local construction sites should be encouraged through introduction of new regulations governing the process of land development and utilizing safe materials which contribute to environmental measures undertaken by the local government.

    Local enterprises and business need to be well aware of the information on the modern non-waste technologies; they are required to create informational and advisory networks enabling them to use new approaches and techniques.

    Users should be provided with the information on the necessity to reduce post consumer waste, the use of recycled materials and the diminished use of certain kinds of packing materials and detergents.

    3. Local governments are required to undertake measures aimed at environmental protection.

    It is necessary to create special gardens through an assessment of the local environment (charter designing). Local governments should pursue the policy of environmental protection by inspiring residents to planting cultivated flowers, green bushes and shade trees in order to make local, historical and natural peculiarities more conspicuous.

    4. Environmental protection should be regarded as a factor providing the involvement of residents in city life; nature is something its inhabitants should be proud of.

    Greenery is something which contributes to the feeling of pride in the local community. It can be achieved by creating gardens, green paths and hedges, field training schools, specially designed playgrounds and planting of trees and shrubs around private homes.

  9. Health Care, Sports and Recreation

      5.1 Health Care

The city may provide its residents with necessary health care facilities. The major components of healthcare include the physical and social environments and style of people’s life.

The key goal of the municipal government should be aimed at developing and implementing health-care policies within all aspects of city life.

Principles

1. City government should pursue health care policies.

Health care policies should be based upon proper management of waste disposal, monitoring of air, water and soil pollution; reduction of noise level; total elimination of harmful waste; undertaking of protection measures in case of natural disasters; ongoing assessment of the most polluted city regions; special health-care measures for the disabled.

2. Reliable and ongoing provision of residents with consumer goods is the necessary prerequisite for implementation of health-care policies.

This is achieved by providing city residents with ecologically pure water, proper management of delivery and distribution of non-durable consumer goods, control over the quality of consumer goods and enforcement of strict rules governing production of consumer goods and adherence to sanitary norms; development and implementation of the policy of (out-of-turn) provision and distribution of the major communal and everyday repairs and other services.

3. Local government is called upon to encourage health care initiatives of the city residents.

It is of top priority to render the assistance for civic associations, non-governmental organizations and groups which engage in health protection of the population; to involve city residents in activities performed by advisory bodies and health care institutions (regional health offices and services, committees on hospitals and management of polyclinics); training of specialists and education of citizens in order for them to engage in health care at the local level.

4. Local governments should be obliged to provide all city residents with fair medical assistance through:

– establishing the necessary infrastructure to provide residents of a particular territorial community with medical care; development of programs aimed at health care; participation in development and implementation of national and regional programs aimed at treating certain diseases, reduction of the death and disability rate, protection of generation and the like;

– development and optimization of the framework of health care institutions based upon state and other forms of ownership;

– provision of residents with efficient medical assistance, including employment of highly qualified medical personnel and use of new medical technologies;

- creation of prestigious medical establishments located within the territory of a particular community.

5. Being of international significance, health care calls for local governments to be well aware of international programs and experience.

The major goal of international conferences and training seminars is to provide certain cities with opportunities to establish new forms of health care in order to adopt innovations and exchange available information; to participate in jointly-sponsored events; and to take into account initiatives put forward in the area of health care and take responsibility for implementation of health care policies.

Municipal councils should be encouraged to take part in international programs aimed at environmental protection delineated under the “Healthy Cities” project of the World Health Organization based upon “Health to Everyone” strategies.

      6. Sports and Recreation

Sports and recreation comprise a wide range of activities, in particular: sports competitions, sports games, active recreation, participation in cultural and sports events.

Sports can be regarded as a means of interrelation of separate individuals and society as a whole. Sports make young people to realize their connection to the whole society. Sports may be helpful in preventing drug abuse fighting.

All citizens enjoy the right to go in for sports depending on their interests and capabilities.

Principles

1. All city residents enjoy the right to sports and recreation.

Local government should be obliged to provide city residents with sports amenities enabling them to go in for sports irrespective of their social origin, property status and income or ethnic affiliation.

Actually, it should be attainable through the following:

– elimination of psychological, social, economic and physical obstacles which impede the participation of city residents in sports contests;

– drafting policies aimed at the development of sports and special programs for those having particular demands, concerning involvement in sports competitions by young women, the elderly, the disabled and unemployed city residents;

– creation of a network of sports facilities throughout the city and submunicipal areas;

– creation of sports grounds for people residing not far from these facilities;

– consultations on the design and construction of sports facilities should be held with regard to the opinions of potential users;

– providing opportunities and the necessary facilities enabling city residents to go in for traditional and modern kinds of sports;

– creation within the territory of a particular city of outdoor play grounds, swimming pools and tracks in order to meet the needs of the population for active recreation.

Specially equipped playgrounds, rivers, channels, gardens, green lawns, sports grounds with natural and synthetic turf, tennis courts, tracks, sports complexes, swimming pools and indoor skating rinks can facilitate sports and active recreation.

2. Sports facilities should be safe and well equipped.

City sports facilities should harmoniously suit the surrounding buildings and premises, city landscape, thus creating a single ensemble.

Sports facilities should be comfortable for their users and managers. Major sports facilities, particularly football grounds need to be designed and constructed in such a way that they assure the safety of football fans and put an end to violence.

While designing large sports facilities intended for sports contests it should be borne in mind their further use within the territory of a particular community (e.g. restructuring of apartments after sports competitions have taken place).

3. All city residents have the right to improve their sports skills.

A lot of people who are rather skillful in any kind of sports want to improve their proficiency. Consequently, promotion of sports interests and skills may serve as a good example inspiring young people to go in for sports.

Local government and sports federations should come to a common decision and furnish sports facilities with necessary equipment providing athletes with opportunities to improve their skills and achieve success.

The development of training programs and sports competitions should accompany the improvement of sports facilities.

    7. General City Outlook

    City landscape is a process of city development matching the environment.

    Principles

    1. Central areas of any city should be preserved as vivid symbols of cultural and historical heritage.

    Historical centers, including buildings and traffic network are a significant link between the past, today and the future: they contain valuable elements of architectural heritage.

    The meticulous design of modern buildings should harmoniously match the historical amenities and relics as well.

    2. Creation and use of outdoor areas is an integral component of city development.

    Outdoor areas, including pavement, small streets, boulevards, avenues, parks, playgrounds, gardens and green lawns constitute major elements of Ukrainian cities.

    Shade trees, greenery, colors, light and shade, selection of materials is of great significance for city landscape. Additionally, outdoor areas should be designed in such a way that all city residents can be provided with an opportunity for creative activities.

    Outdoor areas should be maintained in good condition; but there is no need for imposition of various prohibitions or excessive control over residents’ behavior.

    If it is possible, creation and use of outdoor areas should rely on the opinion and proposals of local government, territorial community and population as a whole. Direct participation of residents in decision- making activities is a specific form of control and opposition to vandalism.

    3. Architectural monuments play a decisive role in development of the city landscape.

    City landscape may be improved through reconstruction of buildings and premises and paying due regard to the fact that new blocks of apartments match those that already exist.

    Architectural monuments and relics should satisfy the needs of city residents. Design contests play an important role in the development of new ideas.

    4. All city residents enjoy the right to a safe and healthy environment and comfortable apartments.

    This is achievable through the protection of housing areas against air, water and soil pollution. Parks, detour roads for trucks and vans, construction of cultural and sports amenities can contribute to the improvement of a safe and healthy environment.

    City residents should be provided with an opportunity to file their proposals and affect the passage of decisions concerning the city’s appearance and the change of the general city landscape.

    5. City viability depends upon the balanced construction of housing complexes.

    Local governments should be vested with powers to protect the housing reserve located within the central parts of cities through the reduction of negative impact of industrial enterprises and businesses and involvement of city residents and entrepreneurs to reconstruction and rebirth of these areas.

    7.2 City’s architectural heritage and relics.

Architectural monuments are the heritage which contributes to the general city appearance, thus historical places of sightseeing, monuments, cathedrals, churches and outcome of artistic and cultural creative activity should be preserved in order to be remembered by future generations.

Historical and cultural heritage is vulnerable to being forgotten and to destruction.

Local government should seek all possibilities to resolve the issue of preservation of historical monuments and relics and take on the responsibility of protecting and maintaining the city’s architectural heritage.

Principles

1. Measures aimed at preservation of architectural heritage should be provided with legal support.

Although the responsibility for preservation of historical monuments and relics is imposed on the city government, a certain number of historical buildings can be in possession of private owners. There is a need to provide a legal basis governing the relevant rights, duties and resolution of conflicts between both sides in order to assure protection and preservation of the city’s architectural heritage.

Local government is called upon to secure the appropriate control and the procedure of issuing permits in order to avoid destruction, distortion and changing of the buildings’ facades which are under protection.

Legislation should provide local government with the right to request from the owner of any business which is under legal protection to perform restoration works and if possible provide such an owner with the necessary financial support; or a local council may take on the responsibility to perform refurbishment work if the owner fails to implement restoration by himself/herself.

The local council is obliged to keep a full register of architectural monuments and city relics. Such a register, based upon a broad assessment of historical buildings located within the territory of a particular city, should foresee the factors which can endanger historical buildings and relics, as well as envision possibilities for their alternative use.

The legislation should provide for the creation of zones or areas for preservation of architectural monuments which may be controllable by highly qualified specialists and proficient workers; for restoration of historical monuments and buildings they are required to use traditional construction materials, original paints and the like.

2. Protection and preservation of architectural monuments call for provision of the relevant information.

Protection and preservation of historical monuments, buildings and relics can only be performed through perception by all city residents and separate owners of architectural buildings of the actual value of these objects.

This calls for the involvement of modern mass media and promotion, educational activities among young people, especially with high school students.

3. Necessity of financial mechanisms.

Protection and preservation of architectural monuments requires financial support. Since local governments frequently fail to allocate funds to support such activities, it should closely cooperate with enterprises and other business, to foresee mechanism of inducement, particularly, tax abatement and so on. It is necessary to distinguish between property tax on historical and ordinary buildings, as well as purchasing historical objects at low prices under conditions when a potential customer fully refurbishes such buildings. Local government should delineate mechanisms of long-term loans and the like.

State institutions and organizations which are owners of architectural heritage should be entitled to take the responsibility for protection and preservation of such objects.

4. Training of personnel.

Training of personnel is aimed at achieving three major goals: training young people who are eager to join a certain profession; retraining employees and upgrading specialists. It is necessary to provide the relevant opportunities for those who may engage in training, retraining and upgrading.

5. Architectural monuments and buildings should be in compatable with the general city design.

The issue of preservation and protection of architectural monuments and buildings should be included in general city development strategies. Groups of experts engaged in preservation and protection of architectural monuments, buildings and relics should closely cooperate with other divisions aimed at economic and cultural development, housing construction, environmental protection and the like.

6. Preservation and protection of architectural monuments, buildings and relics can facilitate city economic development.

Reconstruction of obsolete buildings, especially as it concerns industrial buildings can facilitate resolution of economic issues, thus creating new possibilities for housing and hotel construction, improvement of business and administrative centers.

Preservation and protection of architectural heritage requires the involvement of broad labor resources and sustains these activities in the process. It may lead to job creation as well, thus reducing unemployment of the relevant territorial community. Preserving and protecting historical monuments and relics may facilitate saving energy, raw materials and infrastructure.

8. City Cultural and Educational Development

8.1. Education

Education of the population serves as the basis for intellectual, cultural, social, spiritual and economic development of the society and the state as a whole.

The major goal of the educational process is the comprehensive development of the individual, his skills, physical and mental abilities, and to foster high moral standards, hence enriching creative, cultural and intellectual potential of our people.

City development increasingly depends on the educational level of its residents.

Principles

1. City government should provide each resident with the right to higher education.

Higher education is compulsory and accessible to all. Free education makes it possible for city residents to get a higher education since higher educational establishments are financed from the city budget.

2. It is necessary to facilitate the development of educational establishments based on state and other forms of ownership.

Private schools, colleges and universities provide students with an opportunity to get basic knowledge and superior education for the most skilled professors and instructors that are involved in the educational process.

This may also lead to the establishment of prestigious educational establishments of which city residents can be proud.

3. City government should encourage businesses and enterprises irrespective of the forms of ownership that comprise the educational process.

Operationalization of tax abatement treatment for businesses and enterprises which invest in the development of educational establishments or deliver special services, allocate target funds and establish scholarships for gifted and industrious students is of utmost significance.

4. City governments should take into account the interests of national minorities.

City residents who belong to various national minorities have the right to training in their native language; the same concerns study of the native language in state and private educational establishments or national cultural associations.

8.2 Cultural development

Local and regional governments play a significant role in the creation of conditions favorable for the development of artistic activities and recreation.

Specific geographical, topographical and climatic conditions of each particular city exert an influence on the cultural environment enabling city residents to feel an integral part of cultural and historic heritage.

Cultural development policies can advantageously impact and promote economic and social development.

Principles

1. City residents have the right to cultural development.

Culture plays a key role in the development of an individual. Culture is not a privilege provided to certain social groups or the city’s elite – it is a means of promoting creative activities of all social groups.

2. Cultural development policies facilitate economic and social development.

Cultural development policies promote strategies of economic development, persistent cultural policies can serve a means of involvement of city residents to the process of societal management, as well as facilitate social rebirth of the poor segments of the population.

3. Cultural exchange provides a strong bond among people of various nationalities, regions and countries.

Local government should recognize the fact that exchange of cultural experience among cities contributes to the development of mutual understanding and respect among the people.

4. City cultural development policies call for broad cooperation between local government and city residents.

Cultural development is not solely the responsibility of local government, though it should involve businessmen, entrepreneurs and trade circles to implement cultural development policies through various means (e.g. tax exemptions).

5. Cultural diversification provides for rebirth and experimentation.

Cultural activities are characterized by spontaneity and an innovative character.

Successful cultural development should satisfy the particular needs of city residents and their specific groups (i. e. young people).

Local governments should encourage cultural activities by supporting them with the appropriate allocations from local budgets.

6. Tourism can contribute to city prosperity.

Rapid development of tourism facilitates cultural activities; historical places of interest and art centers attracts tourists from all over the world.

Tourism favorably impacts city development: improvement and creation of new jobs, extension of services, advantageous orders and improvement of construction sites, development of specific branches of industry. Actually, it influences city prosperity.

In order to make use of tourism, a local government should draft appropriate programs, involving city residents, private sector and representatives of tourist companies to elaborate such programs.

9. Safety and Crime-Fighting

Criminality has reached dangerous levels and it become a serious problem for the public, political figures and specialists. Safety is a general problem. Human rights will be violated if a local government fails to assure safety for its residents.

Principles

1. Crime-fighting policies should rely on activities of law enforcement authorities and reciprocal cooperation.

Roots of criminality vary. Thus, crime fighting policies should vary as well.

At a local level it means reciprocal cooperation between city officials, law enforcement authorities, justices, social agencies and local governments in their common efforts aimed at evaluation of conditions resulting in crimes, efficiency of measures undertaken to combat crime and programs for further activities.

2. Crime-fighting policies should be provided with relevant statistical and informational support.

Actually, employees of law enforcement authorities should be obliged to keep statistical data of crimes and offenses committed in a particular city or its region (mapping of place and time when a crime was committed, data on criminal elements and the like), to summon victims and witnesses, employees of social agencies and educational establishments.

3. All city residents should assist law enforcement authorities in crime-fighting.

Crime-fighting should comprise common attempts of city residents to assure and improve safe environment. In order to achieve crime-fighting policies it is necessary to provide city residents with sports and recreation facilities, to facilitate professional training and improve job creation for job seekers.

4. Efficiency of crime-fighting policies depends on close cooperation of law enforcement authorities and city residents.

For the purposes of improvement of crime-fighting policies local law enforcement authorities should adhere to open dialogues with city residents and their representatives aimed at working out of joint programs of crime-fighting.

Local governments should be bound to undertake measures assuring property safety and protection against damages, breaking and entering, robbery and the like; to create special groups of residents engaged in safeguarding, to oversee activities of law enforcement bodies and conjointly with special services to consider complaints and petitions filed by city residents.

5. Crime-prevention measures.

Prisons should be left for flagrant and capital crimes.

Alternative punishment should be elaborated as well in order to elucidate responsiveness of city residents to various crimes and provide offenders with the opportunities for social rehabilitation.

Alternative forms of punishment may include public works and other works out of prison, suspended sentence, judicial control over delinquents, indemnity of damages inflicted on victims, networking between a prison and city through arrangement of training and cultural events for prisoners and the like.

6. Assistance rendered to victims.

It is necessary to set state and public divisions which render assistance to those people who suffered from crimes; to assure revision of complaints and petitions filed to the law enforcement authorities, to simplify certain testimony procedures as follows: (witnesses’ responses), etc.

7. Law-enforcement should be provided with the relevant financial mechanisms.

Local governments are not provided with enough financial resources to solve the issue of crime fighting. Consequently, the central government is obliged to allocate funds in order to facilitate the operation of conciliatory structures engaged in crime-fighting; to streamline crime-fighting mechanisms; to restructure and improve activities of the law enforcement authorities; to draft drugs fighting policies; to render assistance to victims who suffered from crimes and work out alternative forms of punishment.

10. Poor segments of the population

Actually, poor segments of the population comprise large families, children of these families, elderly residents, certain categories of deceased and disabled people.

Some categories of the population may enjoy their principle rights only through comprehension of their problems and assistance from other city residents.

Principles

1. All city residents have the right to access various parts and regions of a city.

Profit businesses, administrative and public buildings, cultural, sports, medical and religious institutions, as well as streets and public places should be accessible to all city residents irrespective of the degree of disability or other health problems.

In case of necessity a special schedule for various groups of city residents visiting public places should be elaborated, e.g. sports facilities available to children, disabled people, special children’s’ subdivisions in city libraries and the like.

This calls for organizational arrangements and special training of employees who deliver public and communal services to disabled city residents.

2. Preferential treatment to poor segments of the population aims to involve the latter in societal life rather than superfluous care.

Instead of superfluous care it can be expedient to provide children, elderly and disabled people with opportunities to adjust to the current environment and participate in the routine life of society.

3. Cooperation with groups of poor segments of the population.

Such groups play a significant role in protection of the interests of poor segments of the population.

Regular advisory meetings should be held with various civic associations and organizations which are in charge of city development, cultural and political activities.

During meetings with specific groups of the population they may raise issues on city design and development, propose schedules of land development, facilitate improvement of service delivery and municipal transport.

4. Buildings and work places should be fitted for use by the elderly and disabled people.

Buildings, working places, sports and cultural facilities should be made available to all city residents and each city resident enjoys the right to safety, protection and comfort either at home or work irrespective of age, physical or mental abilities.

Meanwhile, apartment complexes, working places and even particular apartments fail to meet the needs of certain categories of the population.

By viewing young people in this manner it means non-interference in personal life, safety and protection, creation of play and sports grounds; for children it means the creation of special places for meetings and active recreation; for elderly people it means taking care of and facilitation of medical treatment; as for the disabled people it means the relevant technical and transport facilities, opportunities to obtain medical devices which lessen physical sufferings (e.g. hearing and sight impaired people, bodily injured people, etc).

5. All city residents enjoy the right to unrestricted movement and communication.

Unrestricted movement and communication is not always available to those categories of people who are elderly or suffer from physical or mental diseases or fail to comprehend the language of native speakers and local customs and traditions. Local governments should take on the responsibility to provide these categories of the population with opportunities facilitating their access to various means of conveyance, to operationalize universal symbols for blind people, to render assistance in translation and interpreting, to set the appropriate signs along foot-paths and street-crossings, to arrange language training courses for ethnic minorities and the like.

11. Participation of Residents in City Management

Execution of human rights in cities is doomed to failure without reliance upon the principle of local democracy.

Hence, city management should be performed in such a way that city residents have opportunities to obtain all the necessary information on administrative acts and decisions; they want local government to take into account their opinions on various issues which makes it possible to engage in the decision-making process.

Principles

1. Participation of city residents in political activities at the local level is provided for by the right of unrestricted and democratic election of people’s representatives.

Execution of the right of city residents in city management is provided for by devolution of powers to local governments enabling them to adopt decisions aimed at implementation of programs and projects of the welfare state.

This can be attainable through the creation of conditions where various parties are provided with opportunities for creation and successful operation; where city residents have the right to elect local political representatives.

2. Participation of residents in local political life calls for efficient operation of local and administrative structures.

City residents should be involved in oversight of the operation of local governments and methods of their activities.

This can be achieved through the definition of the specific groups of residents concerned, as well as their participation in local political activities (assurance of residents’ representatives in commissions, executive committees and local councils) and operation of administrative bodies.

In case the elected representatives vested with the general mandate are deprived of the right for solution of specific or political issues, then a local referendum should be convened.

3. City residents have the right to be heard on the issues of further city development.

City residents should be informed on principle policies of a local government and officials.

It is performed through arrangement of advisory meetings with representatives of local government, access to all official documents, promulgation of the information on implementation of programs and projects, issuance of a local official newspaper, enhancement of the role of civic associations in establishing connections of local government with the citizenry.

4. City management and economic development policies should be provided with the appropriate informational support.

City economic development policies can be elaborated appropriately provided that economic conditions and possibilities for further development are thoroughly examined and evaluated.

Policy analysis includes evaluation of human and labor resources, geographic and topographic peculiarities, provisions with opportunities for comprehensive development the individual, balancing between the right of a human being for freedom and projects which assure the welfare of the whole society, health care and safety, and enhancement of the cultural level.

5. Policies of local government should rely upon projects of city development elaborated by groups of specialists and experts.

City development relies upon the evaluation by specialists and experts of projects, programs and strategies of economic development of a particular city which facilitate the formation of a social, economic and ecological framework. Policies of city development should establish balance between economic development and the preservation of the historical and architectural heritage.

6. Choice of economic development policies as the last stage in the process of decision-making should be adjusted to the real conditions; such economic policies should be understandable and match the needs of city residents.

After the required data is obtained and economic conditions and resources are examined, local governments are obliged to make a choice of economic development policies. Such an option should be reasonable and understandable by city residents in order to involve them in city management.

7. Local government should assure opportunities for young people to take an active part in city management.

Local governments should provide young people with opportunities enabling them to participate in the implementation of city development policies.

It is attainable through drafting of local programs and projects for the young generation of city residents based upon equal opportunities in implementation of city development policies. Special attention should be given to the needs of young people. Among them employment, accommodation, recreation, education, professional training, and health care measures are of utmost significance.

FINAL PROVISIONS

1. The Charter of Ukrainian Cities shall be adopted at the General Assembly of Ukrainian cities and after its general provisions and principles are approved by the majority of members, it is ready to be signed.

2. The following actors may participate in the procedure of the Charter passage:

– representatives of Ukrainian cities and their associations

– representatives of civic associations registered under procedure provided for by the Law;

– representatives of political parties registered by the Ministry of Justice of Ukraine.

The quota of representation shall be equal for all city members.

3. Each participant of the General Assembly of the Association of Ukrainian Cities shall be obliged to send an official message confirming its participation in the respective gathering no later than a month prior to conducting such a gathering.

4. Participants of the Charter of Ukrainian cities shall be those cities within the territory of Ukraine and their associations, as well as civic associations and political parties which after conduct of the General Assembly of Association of Ukrainian Cities and approval of the general provisions have officially notified the Association of Ukrainian Cities on their decisions concerning recognition of major provisions and principles set forth in the Charter of Ukrainian Cities. Those decisions shall be adopted by governing bodies and be sent to the Association of Ukrainian Cities by January 1, 1998. After the adoption of the said decisions, prospective participants of the Charter of Ukrainian Cities shall agree upon its signing, of which they shall be bound to notify the Association of Ukrainian Cities by message as well. Such a message shall be supplemented with a list of authorized persons who represent the interests of prospective participants at the All-National Conference of Ukrainian Cities which is regarded the highest body entitled to consider any issues of the said Charter.

The All-National Conference of Ukrainian Cities shall be convened once every four years.

5. Each participant who has signed the Charter shall be obliged to take on the responsibility to grant all city residents the rights declared in the said Charter and adhere to its major principles and provisions.

6. The Executive Board of Directors of the Association of Ukrainian Cities shall be a working body of the All-National Conference of Ukrainian Cities which performs routine activities during the period between Conferences.

 
 

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