DECENTRALIZATION OR FEDERALIZATION – THE BEST WAYS OF REFORMING PUBLIC POWER IN UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article examines the nature and characteristics of decentralization and federalization. Analysis of research on these issues and political and legal conditions for the functioning of the Ukrainian state can make conclusions about positive and negative aspects of finding the optimal reforming of the territorial structure and public authority in the country. The positive features of decentralization, serving its essential characteristics, are: independence from state form, a clear legal separation of functions between different levels of government, focused development of an extensive system of local government, non-interference in the sphere of sovereignty of lands, regions, overcoming the principles of paternalism by introducing the principles of dialogue and cooperation at various levels of social governance, independence of local authorities in the financial sector, financial support of local governments from the state, legislative strengthening horizontal and vertical relationships in social governance. Among the positive aspects of federalization scientists determinate: the formation of regional elites, increasing the power of local communities in relation to the center and mutual control of two branches of government (federal subjects and the federal power), the choice of the ways and mechanisms for the development of specific regions, the redistribution of financial flows (careful and efficient circulation funds), reducing contradictions in society. It is difficult to agree with authors who are considering separatism as a negative feature of federalization. As its basis may be: 1) heterogeneity of diversity (national, religious, social) populations; 2) the uneven social, economic, environmental, cultural, linguistic particular, the development of certain regions; 3) errors, mistakes, abuses the central government, worsening the situation of certain ethnic or religious communities; 4) the impact of certain overseas countries and sometimes – and international terrorist organizations, to the subordination of resources people isolated regions. The study concludes feasibility of decentralization of public administration within the political, economic and social reforms aimed at transforming Ukraine into a modern European country. First, it’s necessary to determine the administrative and territorial structure, establish a rational relationship between local authorities and local governments, and clearly delineate powers between local governments at different levels based on the principle of subsidiarity.
Authors and Affiliations
О. Г. Остапенко
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