ПРИНЦИПИ ДОБРОВІЛЬНОГО ОБ’ЄДНАННЯ ТЕРИТОРІАЛЬНИХ ГРОМАД В УКРАЇНІ

Abstract

The article is devoted to the characteristics of the principles of voluntary association of territorial communities in Ukraine. The principles of voluntary association of territorial communities (OTG) in Ukraine, their essence, content and main tasks in the legal relations of formation and functioning of united communities and reorganization of local governments on the basis of their decentralization are studied. The features of the principles of voluntary association of territorial communities are proposed, which include: a) their constitutional and legislative consolidation, taking into account the rule of law; b) contain the basic ideas of the municipal government and are formed voluntarily; c) act independently with the support of the state and under their own responsibility; d) ensure the realization of the rights and freedoms and common interests of the inhabitants of a certain administrative-territorial unit. The principles of voluntary association of territorial communities are enshrined in the Constitution and laws of Ukraine, taking into account the rule of law, the main ideas of voluntary association of villagers, settlements, cities, designed to exercise municipal authority independently and through their representatives with the support state and ensure the rights and freedoms of the inhabitants of a particular administrative-territorial unit. In order to improve the legal regulation of the principles of voluntary association of territorial communities, we propose to amend the Law of Ukraine of February 5, 2015 "On voluntary association of territorial communities." The words "rule of law" should be preceded by the words "rule of law". As a result of Art. 2 item 1, item 1) should be formulated: "rule of law, constitutionality and legality", and item 7) «responsibility and ensuring human and civil rights and freedoms».