ГРОМАДА ЯК ОСНОВНИЙ ЕЛЕМЕНТ МІСЦЕВОГО САМОВРЯДУВАННЯ

Abstract

The article determines key characteristics of a “hromada” as a key element of local self-government. It describes main concepts and categories that are mentioned in the course of decentralization reform implementation and introduction of changes to the structure of local self-government. The article describes the legislation that regulates the operation of hromadas (communities) and establishment of territorial hromadas (communities) in the context of decentralization. While analyzing the legislation, special attention was paid to differentiation such terms as “hromada” and “territorial hromada”. The study analyzes historical preconditions as it has been so historically formed in Ukraine that a hromada (community) was the basic territorial unit, which, having its own governing bodies, has performed a number of important functions. It has been determined that there are many different opinions as to the types of communities and their functions. While analyzing the rights and obligations of hromadas (communities) of a territorial hromada (community), the following spheres were selected: social, economic, cultural-spiritual, political, judicial and defense. It has been proven that a territorial hromada, as a subject regulating the socio-economic development of a territory, is vested with function, which generally coincide with the power and functions of local self-government. The authors states that in the course of the decentralization reform, it was impossible to establish territorial hromadas (communities) on the occupied territories of the Donetsk and Luhansk oblasts (since 2014), thus military-civil administrations were established on these territories. In addition, it has also been analyzed that since the beginning of a full-scale intervention on the russian federation on February 24, 2022, part of territorial hromadas (communities) in Ukraine are defined as territories that are temporarily occupied; territoriesthat are surrounded (blocked); territories where active hostilities are ongoing.