РЕФОРМА ДЕЦЕНТРАЛІЗАЦІЇ ВЛАДИ В УКРАЇНІ: ПРОБЛЕМИ І ПЕРСПЕКТИВИ

Abstract

The article examines the laws and legal norms which regulate the organization of local self-government activities, in particular Chapter XI of the Constitution of Ukraine, the Law of Ukraine "On Local Self-Government in Ukraine" dated May 21, 1997, which is determined by the main act of legal regulation of the most important issues of local self-government in the state, Law of Ukraine "On service in local self-government institutions", Law of Ukraine "On the status of deputies of local councils", Law of Ukraine "On voluntary association of territorial communities", Law of Ukraine "On cooperation of territorial communities" and Law of Ukraine "On principles of state regional policy". It was determined that, in addition to national legislation regulating important issues of local self-government, an important place is given to the documents of international importance. In particular, the European Charter of Local Self-Government of October 15, 1985, which occupies an important place among these normative legal acts, and is based on the principle of subsidiarity, which provides for the resolution of specific tasks by local authorities. The various approaches of scientists to the definition of the concept of "decentralization" were analyzed and their opinion was presented, according to which decentralization should be considered as a process during which independent units, carriers of local self-government, communities, are formed within the framework of a centralized state. The relationship between the constitutional and legal foundations of local self-government and the provisions of the European Charter of Local Self-Government is outlined. The Concept of reforming local self-government and territorial organization of power in Ukraine, which was approved in 2014 and actually became the document that initiated the process of reforming local self-government in Ukraine, was considered. The concept envisages solving the main issues related to institutional transformations at the district and oblast level, in particular, the creation of executive bodies of regional and district councils, reorganization of local state administrations, definition of clear boundaries of administrative-territorial units, etc. The process of unification of territorial communities is characterized, which is regulated by the relevant Law of Ukraine "On the Voluntary Unification of Territorial Communities", which provides for the procedure for unification of territorial communities, specifying the main conditions under which such an association can be created. The Law of Ukraine "On Cooperation of Territorial Communities" was analyzed, in which a clear definition of the category "cooperation of territorial communities" was given. The practice of foreign countries on the issue of the existence of municipal authorities has been studied, and a tendency towards consolidation of territorial communities in many European states has been revealed. Finally, the positive aspects of the reform of local self-government in Ukraine are identified and certain problems are identified, the elimination of which will be an impetus for the further development and improvement of local self-government in the state.