Article | Legal Status of Territories of Territorial Communities in the System of Administrative-Territorial System Ukraine |
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Authors | SERHII POTAPENKO |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 12 / 2021 |
Pages | 226 - 241 |
Annotation | The concept of the reform of local self-government and the territorial organization of power in Ukraine provides for the establishment of a new administrativeterritorial system in the administrative-territorial units of three levels: community (basic Level), district and region (Autonomous Republic of Crimea, region, city Kyiv and Sevastopol). At the same time, at the level of laws of Ukraine in the normative circulation entered by legal structures: “the formed territorial community”, “disbanded territorial Community”, “territorial community”, “territorial of united community”, legal status and place in the system of territorial organization of Ukraine is uncertain. As a result, there was a scientific problem on finding the legal nature of the legal structures and their ratios with existing links of the administrative-territorial system of Ukraine. The purpose of the article is to establish the legal status of territorial communities, their legal nature, characteristic features and finding out their place in the territorial system of Ukraine. It is emphasized that the united territorial community is a variety of a territorial community that is a social community. It is argued that the formation and disordering of the territorial community has its object not a territorial community as a social community (community residents), and the organization (consolidation) of its territory, and therefore does not lead to the formation or termination of the united territorial communities. It was found the formed united territorial communities became the basis for the definition of administrative centers and approval of territorial communities. It is substantiated that approval by the Government of territorial communities is not a solution to the issues of an administrative-territorial system, and therefore did not lead to the territorial community with the status of an administrative-territorial unit. It is analyzed the boundaries of territorial communities are conditional and determined by the established limits of rural and settlement councils as administrative-territorial units. It is highlighted that territorial communities are the object of the state land cadaster, which gives them an independent legal status. As a result, conclusions were made that the territory of the territorial community is an intermediate link in the process of reforming the system of administrative-territorial system of Ukraine, which partially performs the function of the basic administrative unit – territorial community, to determine the spatial basis of the competence of the territorial community and the jurisdiction of its local self-government bodies to solve local issues.
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Keywords | administrative-territorial unit; local community; united territorial community; territorial community; the territory of the united territorial community; land management project for the establishment of boundaries of territorial communities; comprehensive plan for spatial development of territorial community |
References | Bibliography Authored books 1. Dyman T, Mazur T, Bezpeka prodovolchoi syrovyny i kharchovykh produktiv (Akademiia 2011) (in Ukrainian).
Edited books 2. Pravove rehuliuvannia sfery zakhystu prav spozhyvachiv u Yevropeiskomu Soiuzi ta v Ukraini (kompleksne porivnialno-pravove doslidzhennia) (Hrytsiak I red, ATIKA-N 2005) (in Ukrainian).
Journal articles 3. Belinska S, Orlova N, Motuzka Yu, ‘Kontseptualni zasady harantii bezpechnosti kharchovykh produktiv’ [2011] 1 (11) Tovary i rynky 176–82 (in Ukrainian). 4. Malanchuk T, ‘Derzhavnyi kontrol ta nahliad za bezpekoiu kharchovykh produktiv’ [2011] 2 (5) Pravovyi visnyk Ukrainskoi akademii bankivskoi spravy Naukovopraktychnyi zhurnal 45–9 (in Ukrainian).
Websites 5. Zabezpechennia bezpechnosti i yakosti ahrarnoi ta kharchovoi produktsii vidpovidno do vymoh Uhody pro asotsiatsiiu (bazovyi analitychnyi material do seminariv u rehionakh) <https://www.civic-synergy.org.ua/wp-content/uploads/2018/04/Zabezpechennyabezpechnostii-yakosti-agrarnoyi-ta-harchovoyi-produktsiyi-vidpovidno-do-vymogUgody-pro-asotsiatsiyu.pdf> (accessed: 23.12.2021) (in Ukrainian).
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