Decentralization of authorities’ power in the field of water manage- ment: legal aspect
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The reform of authorities’ decentralization is an actual task in Ukraine. According to the part 3 of article 4 of Charter of Local Self-Government the order of distribution of the author- ities’ powers has to be based, in particular, on the principle of subsidiarity. According to this principle as a rule the powers are made by the authorities, who are closest to citizens, i.e. by local authorities. While determining of authorities’ powers of water management in Ukraine it is necessary to take into account demands of EU Water Framework Directive. From one side according to the paragraph 18 of EU Water Framework Directive’s preamble this Directive should provide for such a framework and coordinate and integrate, and, in a longer perspective, further develop the overall principles and structures for protection and sustainable use of water in the Community in accordance with the principles of subsidiarity. At the same time, from another side, due to the fact that according to the article 13 of the Water Code of Ukraine state water management is based on the basin principle and not on the administrative-territorial princi- ple, it is necessary to answer how should be used the principle of subsidiarity while deter- mining of authorities’ powers of water management. An interesting experience on the division of powers between state authorities and local authorities was implemented in the legislation of Spain. The principle of autonomy was enshrined in the art. 137 of the Constitution of Spain. It means that all autonomous commu- nities have autonomy to solve the tasks concerning their interests. At the same time powers of state and local authorities in water management were enshrined in the Constitution of Spain as an important object of legal regulation. The priority in water management in Spain was given to state authorities and not to local authorities. The Constitutional Court of Spain explained the priority of state water manage- ment this way: 1) according to the logic of administrative management it is not rational to determine the legal regime and management of each water body and it’s inflows taking into account the borders of each autonomous community. Because it’s obvious that water use and exploitation of hydraulic structures that are done on the territory of one of them, influence the possibility to use water of the same water bodies that flows on the territory of others autonomous communities; 2) on technical point it’s obvious that water of one river basin are forming a whole that should be managed evenly. That is why autonomous communities of Spain realize exclusive authority of water management in river basins that are situated entire- ly on their territory. At the same time the Spain Law "On Water" does not deny the probability of existing of competing powers between, in particular, basin authorities and autonomous community. But they have to coordinate such powers if they arise while water management, and take into account the possible impact on spatial planning. As a result of the research there were made recommendations to improve the current leg- islation of Ukraine. In particular as a result of the reform of authorities’ decentralization the effective mechanism of cooperation between basin authorities and local governments should be enshrined in the Water Code of Ukraine.
Authors and Affiliations
Mariia Muravska
Keywords
Related Articles
- EP ID EP438826
- DOI -
- Views 88
- Downloads 0
Institute of sitizen’s appeals in Republic of Poland: political and legal aspects
The Polish legislation concerning institute of citizen`s appeals is analyzed in this article. The Constitution of Republic of Poland contains right to petitions, proposals and complaints, but does not mention notion such...
Mykola Vasylenko and Shevchenko Scientific Society
Complete and dynamic development of modern Ukrainian legal science and education requires updating and full inclusion in the scientific and educational process the intellectual heritage of previous generations of Ukraini...
Review of the monograph "Formation and development of law-making in conditions of transformation of society
Review of the monograph "Formation and development of law-making in conditions of transformation of society
Ratio human and justice as a principle of criminal law of Ukraine
All components of the system principles of criminal law and humanism and justice should be consistent with each other. The principles of humanism and justice, like others, are implemented at two levels − leg- islative an...
Comparative Law: Historical Retrospective and New Challenges
Comparative Law: Historical Retrospective and New Challenges