ORGANIZATION OF THE AUTHORITIES IN DECENTRALIZATION CONDITIONS
Journal Title: «Публічне управління і адміністрування в Україні» - Year 2018, Vol 6, Issue
Abstract
Adopted by the Cabinet of Ministers of Ukraine on April 1, 2014 the Concept of the reform of local self-government and territorial organization of power in Ukraine (hereinafter − the Concept) and the plan of measures for its implementation have given start to the most complex and difficult reform, which is aimed at creating and maintaining a healthy living environment for citizens, providing high-quality and affordable public services, establishing institutions of direct democracy, and meeting the interests of citizens in all spheres of life in the respective territory. In order to ensure the effectiveness of the implementation of the powers and resources provided, local self-government bodies should be sufficiently capable, that is, able to providing quality services to community members and developing the relevant territory. The purpose of the article is to investigate the current administrative-territorial system (hereinafter−ATS) of Ukraine, to highlight problems that prevent local self-government bodies from exercising their powers effectively, to submit proposals for creating legal preconditions for optimizing the existing system of administrative-territorial organization. Ukraine had 12 thousand territorial communities at the time of the adoption of the Concept. More than 6 thousand of Ukrainian communities had a population of less than 3 thousand people. From them 4809 communities had population less than 1 thousand people, and in 1129 communities − less than 500 people. Most of these communities didn’t have the executive bodies of councils, budgetary institutions or utility companies, etc. The subsidy of 5419 local government budgets was more than 70%, while 483 territorial communities were kept at the expense of the state budget by 90%. In addition, the existing ATS at the level of territorial communities does not ensure the implementation of an important principle of ubiquity of local self-government, which should be implemented throughout Ukraine without any restrictions. According to the Concept, the community as an administrative-territorial unit (hereinafter − ATU) should became the territorial basis of local self-government. Consequently, significant imbalances, the absence of the ATU territorial integrity of a base level, the presence of some territorial communities among others – these circumstances led to an inappropriate territorial organization of power, which prompted conflicts of competency between local self-governments authorities (LSGA) as well as between LSGA and local self-government executive bodies. The situation with the functioning of local self-government bodies and territorial bodies of executive power at the district level is similar. Article 140 of the Constitution states that local self-government is the right of a territorial community − residents of a village or a voluntary association of residents of several villages into one village community, residents of a settlement, and of a city − to independently resolve issues of local character within the limits of the Constitution and the laws of Ukraine. That means, that voluntary association is allowed by the current Constitution. The determination of the ATS system, the territorial community, the ATU list, indicates significant contradictions and divergences between the norms and the current system. This problem should be resolved at the legislative level. In addition, Ukraine, having declared the European integration strategy, has undertaken corresponding obligations on observance and implementation of worldwide recognized standards and principles of the EU countries. The amendments to the Constitution of Ukraine is the most logical and optimal way of legislative regulation of the ATS of Ukraine. This is envisaged by the Concept and proposed by the draft law on amending the Constitution of Ukraine as to decentralization of power introduced by the President of Ukraine to Verkhovna Rada (Parliament) on July 1, 2015. Thus, Article 133 of the draft law proposes to introduce a more precise ATU system of Ukrainian which should consist from: communities, districts, regions. However, the adoption of amendments to the Constitution is a complex and lengthy political process. Therefore, there is a need to adopt legislation within the framework of the current Constitution, which defines the foundations of the administrative-territorial system of Ukraine, the procedure for resolving issues arising in the process of voluntary association of territorial communities and creating legal preconditions to optimize the existing ATU system.
Authors and Affiliations
В. А. Негода
Keywords
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