DRAFT
Author: Andrii Koziura, head of the "Our Ukraine" faction in the Lutsk City Council Send proposals to the Statute at the address: akozyura@ukr.net
Lutsk City Council on behalf of the territorial community – residents of the city of Lutsk, • recognizing and affirming the supremacy of the rights and freedoms of man and citizen, caring for the provision of dignified living conditions for the city's residents, • striving to preserve and develop the spiritual and cultural traditions of the city, • upholding the democratic principles of societal development and caring for the strengthening of city self-government, • with the aim of creating conditions for the fruitful activity of members of the territorial community and ensuring the legality of the actions of city authorities, • guided by the Constitution of Ukraine, the provisions of the European Charter of Local Self-Government, the laws of Ukraine, adopts the Statute of the territorial community of the city of Lutsk (hereinafter – the Statute).
Section I. General provisions. The city of Lutsk and Lutsk residents.
Article 1. Concept of the Statute of the territorial community of the city of Lutsk
1. The Statute of the territorial community of the city of Lutsk (hereinafter – the Statute) is a local normative-legal act which, within the limits of the Constitution and laws of Ukraine, establishes the rights, freedoms and duties of residents of the city of Lutsk, the powers of the territorial community of the city, the mechanisms for exercising local self-government, regulates relations between the territorial community of the city and the city authorities, determines the organizational, material and financial foundations of local self-government on the territory of the city, and also regulates other issues assigned by the current legislation of Ukraine to the competence of local self-government.
2. The Statute is an act of direct effect and has the highest legal force in the system of normative-legal acts of the city authorities on the territory of the city of Lutsk.
3. Acts of bodies and officials of city self-government on the territory of the city of Lutsk are adopted on the basis of the Statute and must comply with it.
Article 2. Definition of terms
1. In the Statute, the following terms are used in the following meaning:
city authorities - bodies and officials of local self-government; city community - the territorial community of the city; city self-government - local self-government; Lutsk residents - members of the territorial community of the city.
2. All other terms used in the Statute are used in the meaning set out in the Law of Ukraine "On Local Self-Government in Ukraine".
Article 3. General characteristics of the city
1. The city of Lutsk is an independent self-governing administrative-territorial unit, within which the territorial community of the city exercises local self-government, and which has the right of communal ownership, its own local budget and its own system of local self-government bodies.
2. The city of Lutsk has the status of a city of oblast subordination and, according to the administrative-territorial structure of Ukraine, is part of the Volyn oblast and is its oblast center.
3. The city of Lutsk may unite with other settlements of Ukraine in associations, join associations and other forms of voluntary unions, while preserving the status of a self-governing territorial unit.
4. The city of Lutsk on voluntary and contractual principles may join international associations (unions, foundations, etc.) in the manner provided by the current legislation of Ukraine.
5. Upon the city's entry into Ukrainian and international voluntary associations, the transfer to them of any self-governing powers of bodies and officials of local self-government is prohibited.
Article 4. Territory of the city
1. The territory of the city is an integral component of the territory of Ukraine.
2. The territory of the city on which city self-government is exercised is determined by the city boundary. The city boundary separates the territory of the city from other territories. When determining the city boundary, the General Plan of the city is taken into account. The city boundary is certified by a State Act of Ukraine, the form and procedure for issuance of which are established by law.
3. A change of the city boundary is carried out on the initiative of the city council in the manner determined by the legislation of Ukraine.
Article 5. Suburban zone
1. The territory adjacent to the city boundary constitutes the suburban zone, which is a sphere of common interests of Lutsk residents and residents of administrative-territorial units bordering the territory of the city.
2. The boundary of the suburban zone and its regime are determined by the city council on the basis of agreements with representative bodies of territorial communities of adjacent administrative-territorial units and landowners.
Article 6. Territorial zones of the city with special status
1. On the territory of the city, territorial zones with special status (historical-preservation, forest-park, industrial, etc.) may be established.
2. The establishment of these zones is carried out by a decision of the city council on the basis of proposals submitted for its consideration by the executive committee of the city council.
3. The boundaries of territorial zones with special status are determined by the General Plan of the city of Lutsk.
Article 7. Population of the city
1. The population of the city consists of residents (citizens of Ukraine, foreign citizens, stateless persons, refugees) who reside in the city on legal grounds.
2. Residents (inhabitants) of the city are recognized as: a) persons who permanently reside in the city; b) persons who reside in the city temporarily, who arrived from other localities on business trips, for study, treatment, recreation, for military or alternative service (servicemen and members of their families), subject to their official registration in the relevant bodies of the city.
3. Registration of residents permanently and temporarily residing in the city is carried out in the manner provided by current legislation. Article 8. Lutsk residents
1. Lutsk residents are recognized as residents of the city of Lutsk who permanently reside in the city, regardless of place of birth and length of residence in Lutsk.
2. Lutsk residents in their totality form the city community.
3. Lutsk residents - citizens of Ukraine who have reached the age of 18 and have not been recognized by a court as incapable, are recognized as active members of the city community and have the full scope of rights to participate in the exercise of city self-government.
Article 9. Development of the city
1. The development of the city's territory is determined by the long-term General Plan of the city of Lutsk, which takes into account both the historical traditions of the city's construction, the preservation and restoration of its historical center, and modern trends in urban planning.
2. The strategy and main directions of the city's development are based on the concept of sustainable development of all spheres of social-economic, political and cultural life of the city, and are reflected in the annual plans of social and economic development of the city and long-term target programs approved by the city council.
Article 10. Naming and renaming of territorial objects of the city
1. The naming and renaming of territorial objects of the city - streets, lanes, squares and parks, etc. - are carried out by the city council.
2. Renaming of territorial objects of the city is permitted, as a rule, in cases of restoring their historical names and historical justice.
3. Assigning names to territorial objects of the city for the purpose of perpetuating the memory of outstanding state, public-political figures, defenders of the Fatherland, figures of science and culture is carried out only posthumously.
4. Names to territorial objects of the city are given in the Ukrainian language in compliance with the norms of Ukrainian orthography.
Article 11. Symbols of the city
1. The symbols of the city, reflecting its historical, cultural, social-economic and other features and traditions, are the coat of arms, flag and seal of the city. By decision of the city council, other symbols may also be established.
2. The symbols of the city are approved by a decision of the city council, to which a description and image of the coat of arms, flag and seal of the city are attached.
Article 12. City holidays
1. Showing respect for the historical traditions of the city, caring for their preservation and enrichment, for the distinctive development of Lutsk residents, with the aim of forming a positive image of the city of Lutsk, fostering patriotism, the executive committee of the Lutsk City Council by its decision establishes the date for celebrating the Day of the city of Lutsk.
2. By decision of the city council or the executive committee, other city-wide holidays may be established.
Article 13. Honorary titles and distinctions of the city
1. For outstanding services to the city, for a great contribution to its cultural, economic, social development, citizens of Ukraine or citizens of other states may be awarded the title "Honorary Citizen of the city of Lutsk" by the executive committee of the Lutsk City Council in accordance with the Regulation on awarding the title "Honorary Citizen of the city of Lutsk". The city council may also establish distinctions or other marks of honor.
2. The procedure for establishing honorary titles and distinctions of the city, awarding and conferring marks of honor, as well as the status of awarded persons are determined by the city council.
Article 14. Use of languages.
1. In Lutsk, comprehensive development and functioning of the Ukrainian language in all spheres of public life is ensured.
2. The spheres of city life in which the use of the Ukrainian language is mandatory are determined by the legislation of Ukraine.
3. The language of bodies and officials of city self-government is the Ukrainian language.
4. In Lutsk, the free development, use and protection of Russian and other languages of national minorities of Ukraine is guaranteed.
Section II. Rights and duties of Lutsk residents.
Article 15. Guarantees of the rights and freedoms of man and citizen on the territory of the city
1. On the territory of the city of Lutsk, all rights and freedoms of man and citizen enshrined in the Constitution of Ukraine and this Statute are guaranteed in full.
2. Lutsk residents have equal rights and freedoms defined by the Constitution of Ukraine and this Statute; they are equal in the performance of their duties and in responsibility for violating acts of city self-government.
3. All citizens of Ukraine who temporarily reside in the city of Lutsk, as well as foreigners and stateless persons who are in Ukraine on legal grounds, enjoy the same rights and freedoms, and also bear the same duties as Lutsk residents, with the exceptions established by the Constitution, laws and international treaties of Ukraine.
4. The provisions of this Statute are aimed at detailing and expanding the content of the rights and freedoms of man and citizen (residents of the city of Lutsk) defined by the Constitution of Ukraine, preventing the restriction of their content and scope, and also at determining the mechanisms for their practical implementation and protection.
5. The rights and freedoms of man and citizen (residents of the city of Lutsk) may not be restricted, except in cases provided for by the Constitution of Ukraine.
Article 16. Unity of rights and duties of Lutsk residents
1. The rights and duties of Lutsk residents are interconnected. The existence of rights gives rise to the need to perform duties.
2. The city community directly and through city self-government bodies creates the conditions necessary for the free development of the personality of each Lutsk resident, for the realization of his rights defined by the Constitution of Ukraine and this Statute.
3. This Statute obliges every Lutsk resident not to violate the rights and freedoms of other residents of the city.
4. For violation of the rights and freedoms of citizens, administrative, civil and criminal liability arises in accordance with the legislation of Ukraine. Article 17. Right to residence and freedom of movement in the city
1. A Lutsk resident cannot be deprived of the right to reside on the territory of the city.
2. Everyone who is on the territory of the city of Lutsk on legal grounds has the right to freely choose their place of residence under the conditions and in the manner determined by the housing, civil and administrative legislation of Ukraine.
3. Foreigners and stateless persons who have arrived in the city for temporary residence are obliged to register in the manner determined by current legislation.
4. Every resident of the city is guaranteed freedom of movement within the territory of the city both directly and by all types of communal and private transport (in compliance with the Traffic Rules).
Article 18. Right to non-interference in personal and family life
1. No Lutsk resident may be subjected to interference in his personal and family life, except in cases provided for by the Constitution of Ukraine.
2. The personal life of Lutsk residents is protected by law. The activity of the city authorities is directed at the protection of the family, the creation of conditions for its strengthening, and also the ensuring of the priority of family upbringing.
3. Every Lutsk resident has the right to become acquainted in city self-government bodies, institutions and organizations located on the territory of the city with information about himself, if it is not a state or other secret protected by law.
4. Every Lutsk resident has the right to refute inaccurate information about himself and members of his family and to demand its removal.
5. Every Lutsk resident has the right to compensation for material and moral damage caused by the collection, storage, use and dissemination of inaccurate information about himself and members of his family.
Article 19. Right to private property
1. Every Lutsk resident has the right on the territory of the city to own, use and dispose of his property, the results of his intellectual, creative activity. The right of private property is inviolable.
2. The use of private property may not harm the rights, freedoms and dignity of other Lutsk residents, the interests of the city community as a whole, worsen the ecological situation and natural qualities of the land.
3. Forced alienation of objects of the right of private property may be applied only as an exception on grounds of social necessity, on the basis and in the manner established by law, subject to prior and full compensation of their value. Forced alienation of such objects with subsequent full compensation of their value is permitted only under conditions of martial law or a state of emergency.
Article 20. Right to property and to use of land
1. Every Lutsk resident has the legally established right of private ownership of land and the right to lease land plots located on the territory of the city.
2. Lutsk residents acquire ownership rights to land plots in the manner determined by the current legislation of Ukraine, on the basis of: a) acquisition under contracts of purchase-sale, gift, exchange, other civil-law agreements; b) gratuitous transfer from state and communal lands; c) privatization of land plots that were previously granted to them for use; d) acceptance of inheritance.
3. For entrepreneurial and other activity, Lutsk residents may take land plots of communal ownership in lease – for the term-based paid possession and use of land stipulated by the contract.
4. The procedure for realizing the rights of Lutsk residents to property and to the use of land is determined by the Land Code of Ukraine and the laws of Ukraine.
5. Owners and land users of land plots are obliged to: a) ensure the use of land for its designated purpose; b) comply with the requirements of legislation on environmental protection; c) timely pay for land; d) not violate the rights of owners of adjacent land plots and land users; ґ) comply with the rules of good neighborliness and the restrictions established by law (easements, protection zones).
6. For violation of the norms of land legislation, citizens and legal entities bear administrative and civil liability.
Article 21. Right to work
1. Every Lutsk resident has the right to work. Lutsk residents have the right to employment and choice of place of work by applying to an enterprise, institution, organization, to another employer or with the free assistance of the city center of the state employment service. Citizens who have applied to the city center of the state employment service as persons seeking work have the right to free professional orientation, consultation, training, retraining, receipt of relevant information for choosing the type of activity, profession, place of work, work regime.
2. Every working Lutsk resident has the right to timely payment of his labor in accordance with acts of legislation and the collective agreement on the basis of a concluded labor contract. Hired employees or their authorized representatives have the right to protect their collective rights and social-economic interests in the manner established for collective labor disputes (conflicts), within the framework of conciliation procedures, and if unresolved – by conducting a strike in the manner determined by law. No Lutsk resident may be forced to participate or not to participate in a strike. The city authorities, ensuring the constitutional right of citizens to a dignified living standard for themselves and their family (sufficient food, clothing, housing), propose in agreements on social-economic cooperation with enterprises, institutions and organizations of the city to establish a minimum wage for employees at a level exceeding the legally defined subsistence minimum. Heads of enterprises, organizations and institutions of all forms of ownership who do not pay wages on time bear administrative and criminal liability. Officials of city self-government bodies may file petitions with the competent bodies for bringing such heads to liability, and also raise the issue of their unsuitability for the positions held under the conditions and in the manner determined by current legislation.
3. Lutsk residents have the right to labor protection. Working conditions at the workplace, the safety of technological processes, machines, mechanisms, equipment and other means of production, the condition of means of collective and individual protection used by employees, as well as sanitary-living conditions must meet the requirements of normative acts on labor protection. The city authorities within their competence: a) approve in the programs of social-economic development of the city target city programs for improving the state of safety, working conditions and the production environment, as well as labor protection measures; b) ensure proper maintenance, effective and safe operation of communal property objects, compliance with labor protection requirements for employees employed at these objects; c) adopt decisions on the creation of communal emergency-rescue services for servicing the territory of the city and communal property objects.
4. The city authorities promote the ensuring of effective employment of the population, the prevention of unemployment, the creation of new jobs and conditions for the development of entrepreneurship. For this purpose, it develops annual and long-term employment programs of the population, provides in the city budget funds for involving school and student youth in work, organizes and finances public works for the improvement of the city.
Article 22. Right to entrepreneurial activity
1. Every Lutsk resident has the right to entrepreneurial activity, except in cases provided by law. Subjects of entrepreneurial activity have the right without restrictions to independently carry out economic activity that does not contradict the legislation of Ukraine.
2. Interference of city self-government bodies in the economic activity of entrepreneurs is not permitted, except in cases of the implementation of powers provided by legislation regarding the exercise of planned, systematic control over the economic activity of entrepreneurs. Conducting unscheduled control is possible only in the case of receipt by a city self-government body of an application or complaint submitted in the established procedure about violation of legislation norms by economic entities.
3. The city authorities promote the development of entrepreneurship by approving programs for the development of entrepreneurship by the city council and introducing procedures of regulatory policy at the city level.
4. City self-government bodies may not adopt decisions on introducing any prohibitions or restrictions on entrepreneurial activity if the powers to introduce such prohibitions or restrictions are not directly provided by legislation.
5. Lutsk residents have the right to participate in the implementation of state regulatory policy in the sphere of economic activity. They have the right to: a) submit to city self-government bodies proposals on the need to prepare draft regulatory acts - normative-legal documents regulating economic relations, as well as administrative relations between the city authorities and economic entities; b) in cases provided by legislation, participate in the development of draft regulatory acts; c) submit comments and proposals regarding published draft regulatory acts, participate in open discussions of issues related to regulatory activity; d) participate in other forms, determined by law, of implementing state regulatory policy at the local level.
Article 23. Right to rest
1. Every working Lutsk resident has the right to rest, which, in accordance with the Constitution and laws of Ukraine, is ensured by the provision of days of weekly rest, as well as paid annual leave, the establishment of a shortened working day for certain professions and industries.
2. The city authorities create proper conditions for the rest of residents and guests of the city, ensure the improvement of places of mass recreation (parks, squares, pedestrian streets, children's playgrounds, etc.), promote the work and expansion of the network of cultural-educational institutions, may act as the initiator and organizer of city-wide, all-Ukrainian and international holidays, festivals, competitions, sports events and other spectacles.
3. The city authorities promote the development of tourism as a means of involving Lutsk residents in the rational use of free time, meaningful leisure, acquaintance with the historical-cultural heritage, natural environment of their region, Ukraine, and other countries of the world. The city authorities, considering tourism a highly profitable branch of the economy, a means of increasing foreign currency revenues in the city, support the development of the recreation industry, including the tourism industry (hotels, tourist complexes, campsites, motels, boarding houses, catering enterprises, cultural and sports institutions, etc.) which ensure the reception, accommodation, servicing and transportation of tourists and guests of the city.
Article 24. Right to social protection
1. Lutsk residents have the right to social protection guaranteed by the Constitution of Ukraine in the event of: a) full, partial or temporary loss of working capacity; b) loss of a breadwinner; c) unemployment due to circumstances independent of them; d) old age; ґ) in other cases provided by law.
2. The city authorities develop and implement target programs of additional social protection for certain categories of city residents (disabled persons and veterans of war and labor, pensioners, disabled persons from childhood, single elderly citizens, single mothers, large and low-income families, families of servicemen, citizens affected by the accident at the Chornobyl Nuclear Power Plant; persons without a permanent place of residence and others), provide in the city budget appropriate financing for these programs.
3. The city council may, at the expense of target funds of the city budget, provide non-repayable material and financial assistance to citizens in need of social protection. On the territory of the city, communal institutions for the care of incapacitated persons, shelters for the homeless, institutions for the care of patients with oncological diseases in the terminal incurable stage ("hospices") may be established. The city authorities promote the organization of free meals for low-income citizens, the attraction of various forms of charitable, humanitarian aid.
4. Charitable assistance to poor and disadvantaged fellow citizens is the moral duty of every well-off Lutsk resident, all legal entities, regardless of forms of ownership.
Article 25. Right to health protection and medical assistance
1. Every Lutsk resident has the right to health protection and medical assistance. The health protection of city residents is ensured by financing from the city budget of state and city social-economic, medical-sanitary and health-prophylactic programs.
2. In communal health care institutions of the city, medical assistance is provided free of charge within the limits of the guaranteed minimum defined by law.
3. The city authorities promote the development of private medicine and the attraction on legal grounds of funds of citizens, enterprises, institutions and organizations of all forms of ownership to ensure effective medical assistance in communal medical institutions of the city.
4. Lutsk residents have the right to establish on a voluntary basis public organizations (hospital funds), the main purpose of which is additional financing of various forms of medical assistance provided to their members.
5. In the city, insurance companies of communal form of ownership may be established which carry out medical insurance of citizens.
Article 26. Right to an environment safe for life and health
1. Lutsk residents have the right to an environment safe for life and health.
2. The city authorities ensure for everyone the right to: a) receive in the established procedure complete and reliable information about the state of natural objects and the natural environment as a whole, about the quality of food products and household items, as well as the right to disseminate such information; b) participate in the discussion of draft normative acts, materials regarding the placement, construction and reconstruction of natural objects that may negatively affect the state of the natural environment, and submit proposals to city self-government bodies, enterprises, institutions and organizations on these issues; c) unite city residents in public environmental formations.
3. For pollution of the natural environment by citizens and legal entities, for activity or inactivity that violates environmental conditions safe for human life and health, administrative, civil and criminal liability arises in accordance with the legislation of Ukraine.
Article 27. Right to clean air
1. Lutsk residents have the right to breathe clean air.
2. The city authorities ensure strict compliance with the requirements of the Law of Ukraine "On Measures to Prevent and Reduce the Use of Tobacco Products and Their Harmful Impact on Public Health" and the Decision of the Lutsk City Council "On Regulating the Use of Tobacco Products on the Territory of the city of Lutsk".
3. On the territory of the city, it is prohibited to burn garbage, dry leaves, or set fire to dry grass.
4. On the territory of the city, it is prohibited to operate vehicles and other mobile means and installations that do not meet environmental requirements and pollute the air.
5. In order to ensure air purity in the city, the city authorities develop and implement measures for: a) reducing emissions, neutralizing harmful substances and reducing physical impact during the operation and repair of transport and other mobile means and installations; b) converting transport and other mobile means and installations to less toxic types of fuel; c) rational planning and construction of the city's territory in compliance with the normatively defined distance to transport routes; ґ) removing transport enterprises and freight transit road transport from densely populated residential quarters outside the city; ґ) restricting the entry of road transport and other transport means and installations into medical-health, recreational and nature-reserve zones, places of mass recreation and tourism; d) improving the maintenance of transport routes and street surfaces: e) introducing automated traffic control systems in the city; є) improving technologies for transporting and storing fuel, ensuring constant control over fuel quality at gas stations; ж) introducing and improving the activity of control-regulating and diagnostic points and comprehensive systems for checking the environmental safety norms of transport and other mobile means and installations.
6. For air pollution by citizens and legal entities, administrative, civil and criminal liability arises in accordance with current legislation.
Article 28. Right to protection of childhood and support of youth
1. Children and youth of the city have the right to proper treatment of themselves and their needs by the city community and city authorities. At the same time, they are obliged to comply with the rules of residence in the city, to become active members of the city community, to make their contribution to the social-economic and cultural development of the city.
2. The city authorities ensure the maintenance and upbringing of orphan children and children deprived of parental care, promote the development of preschool educational institutions of all forms of ownership, special institutions for children with developmental disabilities, encourage and support charitable activity regarding children.
3. Parents bear responsibility for the unlawful actions of their minor children, their violation of public peace, compensate for material damage caused by them to citizens, legal entities and the city community.
4. The city authorities, in accordance with the powers defined by law, ensure: a) the development of a network of educational institutions, health care institutions, social protection, as well as extracurricular educational institutions whose activity is aimed at organizing leisure, recreation and health improvement of children; b) resolving issues regarding the establishment of guardianship and care, the creation of other conditions provided by legislation for the upbringing of children who, as a result of the death of parents, deprivation of parents of parental rights, illness of parents or for other reasons, have been left without parental care, as well as for the protection of personal and property rights and interests of children; c) the organization of free meals for pupils of grades 1-3, as well as orphan children, children from single-parent and large families in general educational institutions;
5. The city authorities pay great attention to the patriotic upbringing of children and youth, organize and conduct actions and mass events that promote love for Ukraine and the native city, introduce the study of the history of Lutsk and this Statute in schools.
6. The city authorities attract funds from the city budget, as well as funds from other sources to support gifted children and youth of privileged categories.
7. Material and financial support and the development of a network of children's and adolescent clubs at the place of residence, hobby groups, extracurricular educational institutions, children's and youth sports schools, youth clubs and various forms of meaningful leisure for children and youth is a leading direction of the youth policy of the city authorities.
8. The city authorities introduce a mechanism of social partnership agreements with youth public organizations of the city, promote the functioning and development of youth housing lending.
Article 29. Right to education
1. In Lutsk, free provision of complete general secondary education in communal educational institutions is ensured.
2. The city authorities guarantee Lutsk residents the constitutional rights to education and the implementation of laws and other normative-legal acts regarding it. The city authorities ensure proper financing and maintenance of communal educational institutions, develop and implement programs for the development of various forms of education in the city.
3. Parents have the right, in a manner not prohibited by law, to provide charitable financial, material and other assistance to communal educational institutions in which their children study.
4. The city authorities promote the conclusion of agreements between enterprises, institutions and organizations of all forms of ownership, on the one hand, and educational institutions of the city - on the other, on cooperation and the provision of patronage assistance to communal educational institutions.
5. The city authorities support gifted school and student youth, they may establish named scholarships for pupils of secondary and students of higher educational institutions of the city who have high achievements in studies.
Article 30. Right to spiritual development of the personality
1. Lutsk residents have the right to the creation of proper conditions for literary, artistic, scientific and technical creativity, various types of intellectual activity.
2. The city authorities support the activity of cultural institutions of all forms of ownership: museums, theaters, cinemas, houses and palaces of culture, libraries, art exhibitions, etc.
3. In the city, conditions are created for the development of a network of schools of aesthetic education of children, children's music and art schools.
4. The city authorities support the organization and conduct in the city of competitions, music festivals, festivals of folk creativity, creative competitions, city-wide folk holidays, etc.
Article 31. Right to library services
1. Lutsk residents have the right to free access to information, knowledge, values of national and world culture, science and education stored in the funds of city libraries.
2. Lutsk residents have the right to freely choose libraries in accordance with their needs and forms of library services (subscription, reading rooms, library points, etc.).
3. Basic library services in city libraries of communal ownership are free.
4. The city authorities ensure the activity of communal libraries, promote the development of libraries of other forms of ownership, support the introduction of modern information technologies into library affairs (e-mail, the Internet, etc.).
5. Library users are obliged to comply with the rules of library use, replace lost (damaged) documents received from library funds with equivalent ones or compensate for their market value.
Article 32. Right to engage in physical culture and sports
1. Every Lutsk resident has the right to engage in physical culture and sports. The attitude of the city community and city authorities to physical culture and sports is based on the fact that physical culture, together with its organic part - sports, is a component of the general culture of the city community, aimed at strengthening health, developing physical, moral-volitional and intellectual abilities of a person for the harmonious formation of his personality.
2. The city authorities guarantee the provision, in the manner provided by current legislation, of physical culture and health services to certain categories of citizens, in particular disabled persons and children, including orphan children and children left without parental care, children from large and low-income families, disabled children.
3. The city authorities create conditions for the population to engage in physical culture at the place of residence and in places of mass recreation, comprehensively promote the development of amateur mass sports, supporting various physical culture and sports sections and clubs, encouraging and stimulating the activity of enterprises, institutions and organizations of all forms of ownership that provide physical culture and health services to the population.
4. The city community strives to transform its city into one of the leading sports centers of Ukraine. For this purpose, an appropriate infrastructure is created, necessary for the development of high-achievement sports, the holding of all-Ukrainian and international competitions of the highest level, the educational-training process of national teams of Ukraine.
5. The city authorities, by providing material and financial support, helping to resolve everyday problems, encourage Lutsk athletes who have achieved the highest sports results in international competitions and contributed to raising the international authority of Ukraine. For outstanding sports achievements and a significant contribution to the development of physical culture and sports, athletes and their coaches may be awarded honorary titles and distinctions of the city.
Article 33. Right to use the natural resources of the city
1. Lutsk residents have the right to general and special (related to production and other activity) use of natural resources located on the territory of the city.
2. The city authorities, on the basis of the laws of Ukraine, guarantee the right of general use of natural resources to satisfy the vital needs of Lutsk residents (aesthetic, health, recreational, material, etc.) free of charge, without assigning these resources to individual persons and granting appropriate permits, except for restrictions provided by the legislation of Ukraine.
3. Lutsk residents are obliged to: a) protect, safeguard and rationally use natural objects in accordance with the requirements of legislation on environmental protection; b) carry out activity in compliance with the requirements of environmental safety, other environmental norms and limits of use of natural objects; c) not violate the environmental rights and legitimate interests of other citizens, legal entities and the city community as a whole; d) pay for the special use of natural objects and fines for environmental offenses; ґ) compensate for damage caused by pollution and other negative impact on natural objects.
4. For violation of legislation in the field of protection and rational use of natural resources, city residents and legal entities bear administrative, civil and criminal liability.
Article 34. Right to use objects of historical and cultural heritage
1. Lutsk residents have the right, to satisfy their cultural, scientific and educational needs, to use objects of historical and cultural heritage located on the territory of the city.
2. Restoration and preservation of historical monuments and other objects constituting cultural value: architectural monuments, archaeological finds, collections, picture galleries, assemblies, museum and archival funds of the city - is the duty of the city community and city authorities.
3. City residents are obliged to treat the cultural values of their people with care, not to cause harm to objects of cultural and historical heritage. For violation of the legislation of Ukraine in the field of protection of monuments of history and culture, administrative, civil and criminal liability arises.
Article 35. Right to housing
1. Every Lutsk resident has the right to housing. The city authorities create conditions under which every resident of the city will have the opportunity to build housing, acquire it in ownership or use it under the terms of a lease or rent agreement.
2. Citizens who need social protection are provided with housing by the city authorities free of charge or at an affordable price in the manner determined by law and taking into account the housing available in communal ownership.
3. The construction, reconstruction and proper maintenance of the city's housing fund is one of the priority directions of the social-economic development of Lutsk.
4. Relations between residents of residential buildings and housing organizations servicing these buildings are regulated by the Rules for the Provision of Services for the Maintenance of Residential Buildings and Adjacent Territories to Residents of the city of Lutsk, approved by the city council.
5. Owners of apartments and apartment tenants are obliged to use the premises of residential buildings for their designated purpose, ensure the preservation of residential and auxiliary premises of apartments and technical equipment of buildings, timely pay for the servicing of buildings and adjacent territories, comply with fire safety rules, and upon detection of malfunctions in the apartment take measures to eliminate them by their own efforts or by the efforts of the enterprise servicing the housing.
6. In multi-apartment buildings, unauthorized, without the appropriate permit of the executive bodies of the city council, re-equipment and re-planning of apartments and premises with the demolition and damage of wall supports is prohibited.
7. For violation of the rules of use of residential premises, sanitary maintenance of common areas, stairwells, elevators, entrances, adjacent territories, violation of the rules of operation of residential buildings, residential premises and engineering equipment, their negligent maintenance, as well as unauthorized re-equipment and re-planning of residential buildings and premises, their use for other than designated purposes, liability arises as defined by the Code of Ukraine on Administrative Offenses.
Article 36. Right to development of the city's territories
1. Lutsk residents have the right to the development of the city's territories - the implementation of new construction, reconstruction, restoration, major repair, improvement of urban planning objects, expansion and technical re-equipment of enterprises.
2. Citizens and legal entities who intend to carry out the construction of urban planning objects on land plots belonging to them by right of ownership or use are obliged to obtain a construction permit from city self-government bodies.
3. The procedure for planning and development of the city's territories, individual land plots, as well as the list of all permissible types, conditions and restrictions of development is established by the Local Development Rules approved by the city council.
4. The demolition of existing buildings and structures, green plantings, as well as compensation for losses to owners (users) of buildings and structures, land plots is carried out in the manner established by law.
5. Persons guilty of violating legislation and the Local Development Rules during planning, construction and other use of territories bear the liability established by law.
Article 37. Right to association of co-owners of multi-apartment buildings
1. Lutsk residents - owners of residential and non-residential premises in multi-apartment buildings have the right, for the joint ownership, use and disposal of indivisible property in common use, to establish in the manner established by law associations of co-owners of multi-apartment buildings.
2. Having established associations of co-owners of multi-apartment buildings, Lutsk residents become owners of property and common-use premises in the building; gain the opportunity to: a) create their own management structure for resolving problems of building maintenance; b) choose enterprises and organizations that maintain the building and provide communal services; c) control the quality of building maintenance and the provision of communal services, the use of apartment fees, other expenditures for building maintenance, grants and subsidies; d) lease common-use premises for the purpose of obtaining profit to compensate for the costs of building maintenance; ґ) obtain an effective mechanism for resolving problems of cohabitation in the building, real levers of influence on debtors and violators of the rules of use of premises of the residential building and adjacent territory, general agreements of residents.
3. The city authorities, through the provision of material, methodological, consultative and other assistance, support the establishment and activity of associations of co-owners of multi-apartment buildings, seeing in them one of the forms of resolving the problems of maintaining the city's housing fund.
Article 38. Right to quality housing and communal services
1. Lutsk residents have the right to a sufficient volume and proper quality of housing and communal services, regardless of who provides them.
2. Every Lutsk resident has the right to pay only for actually consumed housing and communal services. The city authorities promote and encourage the introduction of metering devices for communal services, proceeding primarily from the interests of Lutsk residents.
3. City residents are obliged to timely pay for consumed housing and communal services at the tariffs approved by the executive committee of the city council. Heads of enterprises, organizations and institutions, regardless of forms of ownership, must promote the timely payment of housing and communal services by their employees. If non-payment for consumed housing and communal services jeopardizes the provision of such services to the city community as a whole, the relevant enterprises and organizations of the housing and communal economy may suspend the provision of services to debtors, and the executive bodies of the city council may publish lists of debtors at the place of residence and place of work, through the mass media and in any other way.
4. The city council or its executive committee, on the basis of model contracts and rules for the provision of services for heat, gas, electricity supply, water supply and sewerage, operation and maintenance of elevators, approves the relevant city contracts and rules.
5. The city authorities organize, in accordance with the law, the provision of housing subsidies to their residents, carry out measures for the restructuring of population debts for housing and communal services.
Article 39. Right to cleanliness in the city
1. Lutsk residents have the right to live in a clean city.
2. Cleanliness in the city is achieved thanks to: a) compliance by city residents, enterprises, institutions and organizations with cleanliness on the territories adjacent to their residential buildings, non-residential buildings and structures; b) the effective work of specialized enterprises that ensure the collection, removal, storage and utilization of garbage, household, construction, industrial and other waste.
3. City residents and legal entities conclude contracts for the removal of garbage and household waste with specialized enterprises of the city and make timely payment for garbage removal in accordance with the tariffs approved by the executive committee of the city council.
4. The storage of garbage, household, construction, industrial and other waste, their removal to places not designated for this (spontaneous landfills), as well as their burning on the territory of the city is prohibited.
5. Lutsk residents who spend their leisure time in nature (in parks, squares, forest, on the shore of reservoirs, beaches, etc.) are obliged to clean up after themselves empty containers, food remains, and other garbage.
Article 40. Right to proper sanitary condition of the city
1. Lutsk residents have the right to live in a city whose sanitary condition does not threaten their life and health.
2. To ensure proper sanitary condition, the relevant communal enterprises and services, enterprises, organizations and institutions of all forms of ownership, citizens who have residential buildings or buildings and structures in private ownership or use, are obliged to: a) carry out daily basic cleaning, clearing, watering (in the summer period) of sidewalks, the roadway of streets, squares, yards; b) install garbage bins, equip special sites and approaches to them with hard surfacing for installing containers for household waste; c) timely clean and maintain outdoor toilets in working condition; d) carry out planned measures for the destruction of rodents and insects in premises and adjacent territories; ґ) systematically and timely destroy weeds and objects of plant quarantine; d) timely clean roofs, gutters, cornices from snow and ice; e) in case of ice, immediately sprinkle roads, sidewalks with special materials, clean asphalt surfaces from hardened snow and ice; є) transport all types of cargo on vehicles in compliance with sanitary norms and ensuring cleanliness during transportation;
3. Markets, trade enterprises, public catering, household services of all forms of ownership are obliged to maintain shops, kiosks, pavilions, stalls, canteens, coffee shops, bars, restaurants, snack bars and other establishments in proper sanitary condition.
4. In order to maintain the territory of the city of Lutsk in an appropriate sanitary-ecological condition, by order of the city mayor (or his deputies), city-wide sanitary-ecological days may be established, during which the heads of industrial enterprises, transport, communications, trade of all forms of ownership, construction organizations, communal services, educational, preschool institutions and medical institutions of the city must ensure the conduct of relevant measures within their own and assigned territories.
5. On the territory of the city, citizens are prohibited from: a) shaking out clothes, carpets, other items in entrances, near entrances to buildings, from balconies and loggias; b) hanging clothes, linen, carpets, etc. beyond the fencing of balconies and loggias and on the roofs of buildings; c) throwing garbage and various objects from balconies and windows of buildings, windows and doors of buses, trolleybuses, minibuses; d) washing balconies by pouring water; ґ) riding in soiled clothes in city transport; d) washing, repairing cars, motorcycles, scooters, bathing animals, washing linen in the yards of buildings of the communal housing fund, on roads, sidewalks, lawns, near reservoirs, water taps; connecting irrigation hoses to them;
Article 41. Right to proper improvement of the city
1. Lutsk residents have the right to live in a city whose improvement corresponds to modern European models and standards and is determined by the Rules for the Improvement of the City Territory approved by the city council.
2. Heads of enterprises, institutions, organizations of all forms of ownership, citizens who have residential buildings or buildings and structures of other purpose in private ownership or use, are obliged to ensure constant maintenance of territories and objects in proper technical condition and appearance, timely repair of objects, painting of building facades, improvement of adjacent territories in accordance with the object passport issued by city self-government bodies; updating of inscriptions of street names and number signs on buildings, plaques with the names of enterprises, institutions, organizations, etc.
3. Shop windows of shops, household service workshops, other enterprises of the service sector, advertising designs, announcements, posters must be maintained in proper condition, executed in the Ukrainian language and placed in accordance with the city design plans agreed with city self-government bodies.
4. The placement and maintenance of kiosks, pavilions, tents, summer coffee shops, trade and public catering sites, outdoor advertising objects on streets, in yards, in parks and squares, at public transport stops and in other places must be carried out in accordance with the Rules for the Placement and Maintenance of Small Architectural Forms approved by the city council in accordance with the Model Rules for the Placement of Small Architectural Forms for Carrying Out Entrepreneurial Activity approved by the State Committee for Construction, Architecture and Housing Policy of Ukraine.
5. In order to maintain proper improvement of the city, citizens are prohibited from: a) without the permission of the relevant city self-government bodies, carrying out work on streets, squares, in yards on laying water supply, sewerage, gas pipeline and other networks; b) stacking construction and other materials on streets, digging up streets, digging pits for slaking lime, burning rubber-technical products and garbage; c) parking motor vehicles on improvement elements (sidewalks, curbs, lawns); d) unauthorized (without a warrant) installing any stands, posters, panels, screens, pedestals, signs, indicators, banners and other outdoor advertising objects; ґ) pasting announcements, posters, leaflets on buildings, poles, fences, trees, in underground passages and in other places not designated for this; d) allowing the overgrowth of lawns, flower beds, territories adjacent to buildings and other objects located in their ownership or use with weeds; e) carrying out other actions that violate the improvement of the city and for which liability arises in accordance with the Code of Ukraine on Administrative Offenses.
Article 42. Right to green plantings
1. Lutsk residents have the right to live in a green city. The greening of the city, maintaining green plantings, parks and squares, forest zones and forest strips on the territory of the city in proper condition is the duty of the city authorities and the city community as a whole.
2. The city authorities ensure and control the preservation and proper maintenance of parks-monuments of garden-park art and nature monuments located on the territory of the city of Lutsk.
3. Citizens, as well as enterprises, institutions, organizations of all forms of ownership are prohibited from: a) carrying out measures for greening and maintaining green plantings without the appropriate permit of city self-government bodies, except for the internal territories of enterprises, institutions and organizations and yards of private houses; b) felling and damaging trees and bushes; c) without the permission of city self-government bodies, transplanting, cutting and pruning any trees, bushes, including sick and dried ones; d) dumping garbage into forest strips and green plantings; ґ) mowing grass, grazing livestock and poultry in communal yards, on streets, squares, in squares, parks, on beaches, in sanitary zones of water supply objects; d) committing other actions leading to the destruction or damage of green plantings.
4. For the destruction or damage of green plantings, individual trees, shrubs, lawns, flower beds and other landscaping objects in the city, failure to take measures for their protection, as well as unauthorized relocation to other places during the construction of individual plots occupied by landscaping objects, liability arises in accordance with the Code of Ukraine on Administrative Offenses.
Article 43. Right to keep domestic animals
1. Lutsk residents have the right to keep domestic animals subject to compliance with the relevant sanitary norms, the Rules for Keeping Animals in the city of Lutsk by Citizens, Enterprises, Institutions and Organizations approved by the city council.
2. The city community demands humane treatment of animals, condemns animal owners who violate the rules of their keeping and drive animals out of the house.
3. Animal owners are obliged to: a) register dogs in the relevant institutions of the veterinary service; b) carry out timely vaccinations of animals against rabies; c) clean up after animals on streets, in yards, near entrances; d) regularly pay to the city budget the fee from dog owners; ґ) insure, in accordance with the law, their civil liability in the event that they are owners of aggressive breeds of dogs and predatory animals.
4. Citizens are prohibited from: a) keeping animals, poultry, pigeons on balconies and in service premises of residential and non-residential buildings; b) keeping dogs without a leash in public places, communal yards, on streets, squares, in squares, parks, on beaches, in sanitary zones of water supply objects; c) transporting in elevators and walking dogs without leashes and muzzles, visiting shops, public catering enterprises, objects of social, cultural and household purpose with dogs.
5. City self-government bodies, through relevant specialized enterprises, are obliged to ensure the systematic catching of stray dogs and cats, create and organize the activity of shelters for homeless animals, timely remove the corpses of dead animals, carry out the destruction of dogs and cats in rabies centers as directed by veterinary supervision services.
6. For violation of the rules of keeping animals on the territory of the city, liability arises in accordance with the Code of Ukraine on Administrative Offenses.
Article 44. Right to silence
1. Lutsk residents have the right to silence. This right provides for the compliance by citizens and all legal entities with the requirements defined by the Rules for Observing Silence on the Territory of the city of Lutsk approved by the city council.
2. In order to observe silence, as a necessary condition for the full life of many people, on the territory of the city it is prohibited at any time of the day: a) to turn on televisions, radios, tape recorders and other loudspeaker devices with a sound level that disturbs the peace of neighbors and other residents of a multi-apartment building; b) to play loud music from balconies and windows of buildings, from cars, on streets, in recreation places and other public places; c) to carry out construction, repair and other works that cause increased noise and vibration in a multi-apartment building; d) without necessity to give sound signals by motor transport, to turn on sound devices against car theft near residential buildings; ґ) to turn on radios and car radios in public transport means: trolleybuses, buses and minibuses; d) without special permission and in places not designated for this, to arrange fireworks, use pyrotechnic products, firecrackers. e) to sing loudly and play musical instruments in the yards of multi-apartment buildings, on streets, squares; є) to commit other actions that violate silence and public peace.
3. Carrying out construction-repair and other works with a high level of noise and vibration in multi-apartment buildings is possible only with the agreement of neighbors. At the request of the residents of the building, such works must be stopped.
4. In multi-apartment buildings, it is prohibited, without the consent of all owners of apartments and apartment tenants, to place entertainment establishments, bars, coffee shops, restaurants, other enterprises and establishments whose activity violates the right of the residents of the building to silence.
5. Playing musical instruments must not disturb the peace of residents of multi-apartment buildings. The time of day for learning to play musical instruments, if it disturbs the silence, must be agreed with neighbors.
6. In order to prevent, reduce and achieve safe levels of industrial, transport and household noise on the territory of the city, the following must be ensured: a) the introduction of machines and mechanisms with a low noise level; b) maintenance in proper condition of railway tracks, roads, street surfaces; c) the placement of new enterprises, transport highways and other objects with noise sources taking into account the sanitary-hygienic requirements established by legislation; d) the use in the construction of residential buildings of materials with sound-insulating properties; ґ) the introduction of rational schemes and regimes of traffic movement within the city.
7. For violation of the rules for observing silence on the territory of the city, liability arises in accordance with the Code of Ukraine on Administrative Offenses.
Article 45. Right to public transport
1. Lutsk residents have the right to use public transport: buses, minibuses, taxis and city electric transport (trolleybuses).
2. The city community sets the following requirements for public transport: a) guaranteeing traffic safety; b) tariffs accessible to city residents; c) ensuring privileged travel for certain categories of citizens in accordance with current legislation; d) regularity of movement of vehicles; ґ) high culture of passenger service; d) the possibility of obtaining information from the driver or conductor during the trip; e) free choice of forms of transport service; є) the creation of proper conditions for passengers in vehicle interiors (cleanliness, convenience, silence, prohibition of smoking, etc.); ж) attractive appearance of vehicles; з) compliance of the technical condition of vehicles with safety, ecology and state standards requirements; и) equipping vehicles with special equipment that would enable disabled persons to use their services without hindrance.
3. The rights and duties of carriers and citizens using public transport are determined by normative acts approved by the city council: a) Rules for the Use of City Passenger Transport; b) Rules for the Use of Taxi.
4. The city authorities create conditions for the development of public transport, support the activity of communal and other transport enterprises providing transport services to the population, promote the renewal and replenishment of the transport fleet with new modern vehicles, organize and conduct competitive selection of passenger carriers.
5. For violation of the rules of use of public transport and the provision of transport services, the guilty persons are brought to liability in accordance with current legislation.
Article 46. Right to proper condition of city roads
1. Lutsk residents have the right to the proper condition of the objects of the city's road economy: the network of city roads, bridges, railway crossings, pedestrian and technical sidewalks, landing sites at public transport stops, sites for parking and standing of motor vehicles.
2. The condition of the objects of the city's road economy must ensure the possibility of safe movement of vehicles at a speed permitted by traffic rules and road signs, the safety of pedestrian movements, and the preservation of the integrity of vehicles.
3. The city community puts forward the following requirements for the condition of the city's road economy: a) proper maintenance of road surfaces and other objects of the road economy, timely major and current repairs of city roads; b) proper maintenance and repair of intra-yard driveways and pedestrian paths; c) gradual transition to hard road surface in areas of private development, maintaining the proper condition of streets that do not have such surface; d) proper maintenance of above-ground and underground pedestrian crossings; ґ) ensuring effective drainage, timely cleaning and removal of snow and ice from road surfaces and sidewalks; d) expedient placement and proper maintenance of traffic control means: traffic lights, road signs, road markings; e) providing the city with street lighting.
4. The rights and duties of citizens and legal entities regarding the maintenance of road economy objects are determined by the Rules for the Maintenance of the City Road Network in the city of Lutsk approved by the city council.
5. Citizens and legal entities who are owners of vehicles are obliged to timely pay the tax from vehicle owners, which in the part determined by law goes to the city budget and is used for the construction, reconstruction and repair of city roads.
6. For damage to road economy objects, liability arises as defined by current legislation.
Article 47. Right to receive quality communication services
1. Lutsk residents have equal rights to use postal and electrical communication services.
2. The city community sets the following requirements regarding the provision of services by communication operators: a) coverage by the network and means of communication of the entire territory of the city; b) ensuring the level of quality of all communication services established by current legislation; c) accessibility of communication services for all categories of the population; d) granting privileges to certain categories of citizens for the installation of means and payment for communication services in accordance with current legislation; ґ) ensuring the protection of consumer rights; d) introduction of the latest communication technologies; e) ensuring the secrecy of information transmitted by means of communication.
3. Lutsk residents have the right to: subscriber telephone service, wire radio broadcasting, use of all services of communication departments, public telephones; timely receipt of postal items at their home, office address, poste restante or using subscription boxes in which reliable storage of postal correspondence is ensured; use of cellular, pager, radiotelephone communication, e-mail and Internet services.
4. City self-government bodies within their powers: a) provide assistance to communication operators in the placement of postal and electrical communication objects on the territory of the city; b) agree on the placement by communication operators of mailboxes and public telephones in places convenient for users; c) assist communication operators in concluding contracts for the lease of premises in residential and non-residential buildings with their owners for the provision of postal and electrical communication services; d) consider proposals of communication operators regarding the creation of favorable conditions for their activity.
Article 48. Right to a proper level of trade and household services, public catering
1. Lutsk residents have the right to satisfy their needs and to a proper level of service in the sphere of trade, public catering, household and other services.
2. City residents have the right to: a) freely choose the necessary goods and services; b) a sufficient number of shops and household enterprises in accordance with the norm with their maximum proximity to the place of residence, their proper appearance, attractive interior and well-ordered adjacent territory; c) a wide assortment of high-quality goods and at prices that have developed on the consumer market; d) a convenient operating regime of trade, public catering and service enterprises; ґ) a high culture of service and receipt of qualified information about goods and services; d) compliance by business entities with the consumer rights established by law and other legislative acts in the sphere of trade and services.
3. The city authorities support the development of food, non-food, mixed and other markets, trade-service centers with a proper level of improvement, conveniences for buyers, safe working conditions for sellers. Markets on the territory of the city must not create inconveniences for residents of residential buildings adjacent to them, public and other transport, pedestrians.
4. In order to properly serve residents and guests of the city in trade, public catering, household service enterprises in the city, the following are introduced and operate: a) Rules of Trade at the Markets of the city of Lutsk approved by the city council; b) Rules of Household Services for the Population of the city of Lutsk; c) Rules of Retail Trade in Food Products in the city of Lutsk; d) Rules of Operation of Public Catering Establishments (Enterprises) on the Territory of the city of Lutsk; ґ) other normative-legal acts on trade and household issues.
5. In the city, trade from hand in food and non-food products, in places not designated for this and without relevant documents for the right to trade is prohibited.
6. The sale of alcoholic beverages, tobacco products and pyrotechnic means to persons who have not reached 18 years of age is prohibited.
7. In the event of violation by a business entity of the requirements of legislative acts on trade, public catering and household issues, liability arises in accordance with current legislation.
Article 49. Right to consumer protection
1. Lutsk residents who buy, order or use goods (works, services) to satisfy their own household needs have the right to: a) protection of their rights by the state and city authorities; b) a guaranteed level of consumption; c) proper quality of goods (works, services), trade and other types of service; d) safety of goods (works, services); ґ) necessary, accessible, reliable and timely information about goods (works, services), their quantity, quality, assortment, as well as their manufacturer (executor, seller); d) compensation for losses caused by goods (works, services) of improper quality, as well as property and moral (non-property) damage caused by goods (works, services) dangerous to human life and health in cases provided by legislation; e) appeal to court and other authorized state bodies and city self-government bodies for the protection of violated rights.
2. In order to protect their laws