Issue: № 5, 2026
Doi: https://doi.org/10.37634/efp.2026.5.4p
The paper analyzes the constitutional and legal status of deputies of local councils as elected representatives of territorial communities, endowed with a representative mandate to exercise local self-government functions. The multifaceted structure of the deputy status is studied, which includes the legal nature of the mandate, the system of powers (rights and obligations), a clear procedure for their emergence and termination, as well as an extensive system of guarantees of activity and legal responsibility of elected officials. Special attention is paid to revealing the dual nature of the status of a deputy, who simultaneously acts as a representative of the interests of voters in his district and as a full member of the relevant council - a collegial body of municipal government. The paper theoretically substantiates the concept of the secondary (derivative) status of a deputy from the status of the council itself: it is proven that the powers of an elected official cannot exist outside the functioning of the relevant body. The systemic conflicts between the Laws of Ukraine “On the Status of Deputies of Local Councils”, “On Local Self-Government” and “On the Legal Regime of Martial Law” are identified and investigated. The situation of a critical disconnect between the work of a deputy in the council and in the district is analyzed: the actual impossibility of implementing such tools as a deputy’s request or working with voters’ instructions without holding a session of the council is proven. The acute practical problem of early termination of powers in front-line regions is considered, where the impossibility of convening a session due to the lack of a quorum blocks the right of deputies to resign at their own request. The need for the legislative implementation of a simplified mechanism for drawing up a mandate through administrative acts of council chairmen or heads of military administrations and the return to the Verkhovna Rada of powers regarding the official interpretation of laws in emergency conditions is substantiated.
Keywords : local council member, representative mandate, constitutional and legal status, martial law, military administration, exclusive powers, budgetary sphere, law-making activity, security and defense sector, remote meeting, council authority
References:
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