REFORM OF LOCAL SELF-GOVERNMENT IN UKRAINE: PROBLEMS AND WAYS OF THEIR SOLVING

Author (s): Oliynyk V. S.

Work place:

Oliynyk V. S.

Ph.D. in Law,

Senior Lecturer of the Department of State and Law Theory and History, Constitutional Law,
Academy of the State Penitentiary Service, Chernihiv, Ukraine

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2018 No 3(5): 7-21

https://doi.org/10.32755/sjlaw.2018.03.007

Summary

The concept of local self-government is examined in the article and the basic systems of local self-government existing in the world and also the criteria of classification of the states on the degree of centralization are set forth and it is certain to what from them Ukraine belongs presently. Conception of reformation of local self-government is considered and to territorial organization of power in Ukraine. The key problems of reform of local self-government are certain and considered and the ways of their decision offer.

Determination of local self-government contained in para.1 art.140 of Constitution of Ukraine. In the art. 2 Laws of Ukraine «On local self-government in Ukraine» are given his more wide determination:

«Local self-government in Ukraine is this right and real ability of territorial community of habitants of village assured by the state or voluntarily association in rural community of habitants of a few villages, of settlement, of city – independently or under responsibility of organs and public servants of local self-government to decide the questions of local value within the framework of Constitution and laws of Ukraine».

Essence of local self-government consists of the right for territorial communities and their organs assured by a law independently, under the responsibility to decide all questions of local value, operating within the framework of law and coming from interests of population.

The key problem questions of reform of local self-government in Ukraine it is now been:

– so-called competition of competence that consists of joint objects of adjusting of state administrations and local self-government;

– the uneffective and old system of financing of local budgets is envisaged in legislative acts;

– problem of realization of principle of everywhere of local self-government id est absence of jurisdiction of organs of local self-government on territory out of borders of settlements in particular in the field of planning of territory, equipping with modern amenities and environmental preservation.

Key words: decentralization, reform of local self-government, reform administratively – territorial device, Conception of reformation of local self-government and territorial organization of power in Ukraine, local state administrations, local advices, prefect

REFERENCES

  1. Vedel, Zh. (1973), Administrative Law of France, translated by Krutoholov, M. A. Progress, Moscow.
  2. “World Local Government Association and International Union of Local Governments” (1985), The World Declaration of Local self-government. World Local Government Association and International Union of Local Governments. Rio-de-Zhaneiro.
  3. Hordeev, O. K. (2012), “Ensuring the permanent local development: approaches, principles, components”, Journal of State Construction, No. 2, available at: http://www.kbuapa.kharkov.ua/e-book/db/2012-2/іhtml.
  4. European Union (1985), The European Charter of local self-government available. European Union. Strasburg.
  5. Ensuring the systematic approach to the reformation of the administrative and territorial structure, available at: http://www.niss.gov.ua/public/File/2015_analit/reformaATU.pdf.
  6. Ukraine (2006), Constitution of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  7. Krehul, Yu. (2016), “Reformation of local self-government in Ukraine”. Foreign trade: economy, finances, law. No. 1, pр. 17–27.
  8. Petryshyn, O. O. (2014), Legal principles of local self-government in foreign countries and Ukraine: theoretical and Legal, comparative analysis.
  9. Ukraine (1997), On local self-government in Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  10. Ukraine (2014), On approval of the conception of reformation of the local self-government and territorial power in Ukraine: directive, Cabinet of Ministers of Ukraine, Kyiv.
  11. Yaroshenko, I. V. and Semigulina I. B. (2015), “Problematic issues of implementation of power decentralization reform in Ukraine”. Problem economics. No 4, pр. 177–187.

[collapse]

Full text .pdf

Many businesses find that essay writer they can spend time on their jobs and more time with their own families.

©2024. Penitentiary academy of Ukraine