Місцеве самоврядування в Україні в умовах воєнного стану

Abstract

The article analyzes the peculiarities of the functioning of local self-government in the conditions of martial law. It has been found that local self-government in Ukraine is a state-guaranteed right and real ability of a territorial community - residents of a village or a voluntary association of residents of several villages, towns, cities into a rural community - independently or under the responsibility of local self-government bodies and officials of local importance within the limits of the Constitution and laws of Ukraine. It was established that martial law is a special legal regime introduced in Ukraine or in some of its localities in the event of armed aggression or threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and to local self-government bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and a citizen and the rights and legitimate interests of legal persons with an indication of the period of validity of these restrictions. It is noted that in the territories where martial law has been introduced, in order to ensure the operation of the Constitution and laws of Ukraine, to ensure, together with the military command, the introduction and implementation of measures of the legal regime of martial law, defense, civil protection, public safety and order, protection of critical infrastructure, protection of rights, freedoms and legitimate interests of citizens, temporary state bodies - military administrations - can be formed. It was established that the creation of military administrations does not deprive local self-government bodies of their powers. It is indicated that local self-government in Ukraine demonstrated a significant level of efficiency when functioning under martial law. If it is necessary to solve a number of complex problems at the same time, the effectiveness of interaction between state authorities, the leadership of territorial communities and representatives of public and volunteer organizations remains high, which allows avoiding sharp crises in the process of ensuring the livelihood of communities. Last but not least, this situation is possible thanks to the 2014-2021 reform of power decentralization in Ukraine, which allowed a significant amount of powers and resources to be transferred «to places». Cooperation of local self-government bodies with international organizations is also a positive practice, which allows implementing joint development projects and sharing experience in various fields. It is emphasized that local self-government bodies play a major role in the creation of a state in modern Ukraine.