Article | Prefectureization of Local State Administrations and Local Self-government in Ukraine: Finding a Balance |
---|---|
Authors |
MYKOLA TITOV
Ph.D., Associate Professor, Honoured lawyer of Ukraine, Senior Vice-President - executive director Асоціації органів місцевого самоврядування Харківської області (Kharkiv, Ukraine) ORCID ID: https://orcid.org/0000-0002-1440-0035 Researcher ID: http://www.researcherid.com/rid/B-6314-2019 MITitov01@gmail.com
KSENIIA KUKHAR
postgraduate student of the Department of Labor Law of Yaroslav the Wise National Law University (Kharkiv, Ukraine) kseniia2000kukhar@gmail.com
|
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 5 / 2024 |
Pages | 103 - 110 |
Annotation | The reform of the decentralization of power in Ukraine, which was initiated 10 years ago with the adoption of the Concept of Reforming Local Self-Government and Territorial Organization of Power in Ukraine, was not only not curtailed in connection with the Russian military aggression, which has been going on for the third year in a row, but on the contrary, it has been intensified. Certain evidence of this is the final stage of work in the Verkhovna Rada of Ukraine and the Ministry of Development of Communities, Territories and Infrastructure of Ukraine on the new edition of the Law of Ukraine “On Local State Administrations”. The reorganization of the administrative-territorial system at the sub-regional level in Ukraine and the formation of 136 consolidated districts instead of 490 districts became the basis for improving the organization and activities of local state authorities. In addition, the deprivation of powers of the prosecutor’s office to exercise general supervision over compliance with the law in the state has created a certain vacuum in terms of administrative supervision of local self-government bodies and an imbalance of the system of checks and balances in relations between the state and local selfgovernment. As a result, there was a need to improve the mechanism of such interaction by preparing changes and additions to the current legislation. The proposal for the establishment of local state administrations (hereinafter referred to as local state administrations) of the prefecture type (before appropriate amendments to the Constitution of Ukraine) is, according to the legislators, one of the options for legal settlement of the above-mentioned problems. The purpose of the article is to analyze changes and additions, first of all, to the Law of Ukraine “On Local State Administrations” and to outline individual proposals aimed at improving the legal mechanism of interaction between state authorities and local self-government bodies in modern socio-political and financial-economic realities. It was established that the problems of decentralization of power, administrative-territorial organization, implementation of their own powers by local self-government bodies and their interaction with state authorities in Ukraine were studied by well-known scientists and researchers: P. Lyubchenko, V. Mamonova, S. Seryogina, T. Yehorova-Lutsenko, I. Bodrova, V. Negoda, V. Kuybida, S. Chernov, Yu. Hanushchak, A. Tkachuk, V. Kozina and others, but these issues still require additional study and justification. The authors come to the conclusion that the prefecturalization of MDA can put an end to the definition of the modern role and place of MDA in the structure of state authorities (before amendments to the Basic Law) and exclude Ukraine from the list of European countries that do not have a mechanism of administrative supervision over the activities of local councils.
|
Keywords | decentralization; local state administrations; local councils; associations; powers; prefecturization; administrative supervision; subsidiarity |
References | Bibliography Authored books 1. Titov M, Vybrani pratsi: monohrafii, pidruchnyky, navchalni posibnyky, komentari, statti (Pravo 2023). Encyclopedias and dictionaries 2. Mistseve samovriaduvannia: terminolohichnyi slovnyk (Tykhonov V red, Faktor 2011). 3. Yurydychna entsyklopediia. T. 6: T–Ya (Yu Shemshuchenko red, Ukrainska entsyklopediia 2004).
|
Electronic version | Download |