Організаційно-правові питання функціонування субмуніципального рівня управлІння в системі місцевого самоврядування

Abstract

The article is devoted to organizational and legal issues of functioning of the sub-municipal level of government. The preliminary consequences of the administrative-territorial reform carried out by the Cabinet of Ministers of Ukraine in 2020, which is an important component of decentralization as the transfer of powers to provide public services to local governments should be accompanied by the consolidation of territorial communities, show some positive results. The author thoroughly analyzes that the domestic experience of functioning of new territorial communities, the experience of foreign countries allows to highlight the relevant negative aspects (legal, organizational, economic, social, etc.) that accompany the process of consolidation. It is determined that in communities with a large area of jurisdiction and a large number of settlements it is much more difficult to implement the requirements of relevant European documents for the development of local democracy, in particular, the Basic Principles of Democratic Participation at Local Level. The point of view of limiting the influence of negative factors that arose in the process of forming a new territorial basis of local self-government will allow the introduction of an auxiliary level of government in the system of local self-government. Two options for building a modern model of municipal governance in large communities and its organizational and legal support, taking into account European standards and principles. It is noted that the current legislation of Ukraine on selforganization of the population does not allow to fully reveal their potential as a sub-municipal level of community development and management, and does not meet the requirements of the current stage of reforming the territorial organization of power on the basis of decentralization. It is noted that the advantages of introducing support units are: decentralization, empowerment of local communities - individual and collective ability to influence decisions and plans for their community, bringing “power” to the people, improving the effectiveness of decisions and actions of local governments. Because on the ground much better awareness of the needs and current situation in the community, localization – at the level of local communities there are certain values, the loss of which is unacceptable – social ties, neighborhood, interaction. It is concluded that there is an urgent need to decentralize municipal government by introducing a full sub-municipal level in the system of local self-government, as well as legislative consolidation of Starostinsky districts as an auxiliary territorial level and determining the formation and operation of their representative and executive bodies.