ТРАНСФОРМАЦІЇ ДЕРЖАВНОЇ ВЛАДИ В УКРАЇНІ

Abstract

The article discusses the principles of organization, functioning and interaction of the system of central executive bodies and local authorities, models of the distribution of powers and responsibilities between them. Attention is drawn to the essence of such interaction and the connection of these bodies with other facts and processes of public and state life is manifested. The search for ways to improve the legislation of Ukraine, in accordance with the standards of the Council of Europe, in the context of decentralization and local government reform, has been carried out. In particular, attention is drawn to problematic issues related to the fact that the citizens of Ukraine getting their own administrative centers with clearly defined territories can simultaneously destroy the decentralization reform, concentrating all the powers in the hands of the central government. In this regard, the issue of establishing territories of territorial communities cannot be the authority of a centralized executive power, that is, the Cabinet of Ministers of Ukraine. It should be determined by the legislative body – the Verkhovna Rada of Ukraine jointly with the local self-government bodies. Further re-organization of local state administrations into prefectural bodies, which will oversee the legality of certain community decisions, also needs in-depth analysis. The spheres of activity of the state are directly transformed into the spheres of public administration. Recognizing the leading idea of the self-government`s study, the authors do not negate the concept of “public administration”. The article proves that it is the democratic transformation of public administration that will enable modern local self-government institutions to be formed. In this context, the powers of local governments and executive authorities in their interaction are analyzed in detail. The powers are delegated by the state to local self-government bodies only at the level of the administrative-territorial structure at which it is possible and appropriate to exercise them. And legal acts of local governments, adopted in violation of the Constitution and legislation of Ukraine, must be stopped until the question of their legality is resolved.