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 123
- Downloads 0
The judiciary of Ukraine is the eyes of historians of law
The judiciary of Ukraine is the eyes of historians of law
As to the question on civil judicial responsibility
The article is dedicated to civil judicial responsibility and its establishment in the civil judicial legislation of Ukraine. The actuality of this range of problems is related to ever rising development of the non-manda...
Legal aspects of extradition on the basis of a European arrest warrant
The article defines the concept of “international search”, which is part of the broader concept of “wanted in criminal proceedings.” It is established that wanted ads are procedural decision, handed down in the case of e...
To the question about the possibility of the formation of high-quality legal ideology in a systemic crisis of culture
In the article on the general theoretical level raises the problem of the possibility of the formation of high-quality legal ideology in a systemic crisis of culture. Under the high-quali- ty legal ideology author unders...
On the issue of determining the subjection of the parties to the obligation to provide a commercial loan under the civil law of Ukraine
Unlike a loan agreement, Article 1057 of the Civil Code of Ukraine, as well as other articles of the said Code, regulating commercial loans in certain civil contracts, as a rule, do not contain special requirements rega...