ПРОБЛЕМНІ ПИТАННЯ ВСТАНОВЛЕННЯ (ЗМІНИ) МЕЖ ОБЛАСТЕЙ

Abstract

The article is devoted to study of doctrinal and regulatory sources on procedure for establishing and changing boundaries of region. To this end, the existing doctrinal provisions on the history of legal regulation of this issue and the constitutional and legal status of region were analyzed, as well as the normative-legal acts of Soviet legislation and Ukraine in this subject of legal regulation were elaborated. It was stated that in practice the Verkhovna Rada of the Ukrainian Soviet Socialist Republic regional boundaries were never established, but only changed by the relocation of territories of other administrative and territorial units located on the outskirts of the region. It is considered that the Basic Law of Ukraine does not provide for the procedure for formation and elimination of regions, their name and renaming, as well as the establishment (changes) of their boundaries, which limits the legal personality of the region as a subject of constitutional and legal relations. It is argued that the existing procedure for determining the borders of region by establishing (changing) boundaries of other, located on its outskirts, administrative-territorial units and territories of territorial communities leads to the coincidence of their boundaries, which have different legal status and functions. Proposals for amendments to the Constitution of Ukraine, the Land Code of Ukraine and other normative legal acts in the part of the introduction of the order of establishing (changes) of boundaries of the region are formulated.