Constitutional and legal problems of the control function implementation in the local governance of Ukraine
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article deals with the constitutional and legal problems of implementation of the control function in the local governance of Ukraine. The study of the constitutional and legal problems of the implementation of the control function in the local governance of Ukraine is being updated in the context of the policy of decentralization of public authority, public administration reform, local self-government, the formation of a system of local governance, associated with the overall process of municipal reforms on the principles of good governance, subsidiarity, universality local self-government, state and public oversight, control over the functioning of bodies and officials of the self-government. The issue of state, administrative, public control in the field of local governance and self-government has become the subject of many scientific achievements: legal, political science, state-management. A lot of academic monographs, encyclopedias, dissertations are devoted to control. The paper gives an author’s understanding of the categories of governance and local governance. Local governance is a deliberate activity of local self-government bodies, local authorities, civil society organizations, business associations of public administration at the territorial level of public authorities. The article deals with the correlation of legal thinking in state and administrative control. Administrative control is part of state control. Administrative – includes control over the implementation of delegated powers of executive power by local self-government bodies; control over their executive and administrative activities; control over the legality of acts of organs and officials of local self-government. It is accentuated that to this time there is no integral mechanism of administrative control in its statutory and procedural sense. The situation is exacerbated by the loss of relevant control powers over the legality of acts of organs and officials of local self-government after the deprivation of the functions of the general supervision of the prosecutor’s offices. In this case, the direct control mechanism for the activities of local self-government bodies by the state bodies is not provided for in the legislation. In terms of forming such a mechanism, its elements are investigated. The elements of the mechanism of administrative control include: legislative, institutional, organizational. Decentralization with the transfer of a significant amount of authority and resources to local self-government dictates the increase of the level of responsibility of bodies and officials of local self-government for their implementation and use, as well as establishing a system of effective state control over the legality of acts of local self-government. To date, this is the most acute problem that is associated with the crisis of inconsistency in the implementation of the strategy of reforming society. Expressed proposals to improve the process of implementing control functions in local government and its legislative support.
Authors and Affiliations
Mykola Puhtinsky
Keywords
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