ADMINISTRATIVE-TERRITORIAL REFORM IN UKRAINE: NORMATIVE-LEGAL ASPECT OF DECENTRALIZATION REFORM IN UKRAINE

Olena Lisova,Maxim Shevyakov,Olena Orlova

doi:10.32612/uw.27201643.2021.1.pp.112-124

Olena Lisova, Maxim Shevyakov + Show 1 more

Open Access

https://doi.org/10.32612/uw.27201643.2021.1.pp.112-124

Copy DOI

Abstract

The need for effective, capable self-government inevitably faces the need to change the spatial organization of local governments. In turn, the territorial organization of executive bodies also turned out to be far from optimal. In Ukraine, there have been discussions for many years about the reorganization (reform) of the entire system of public power in the country. But they have mainly always concerned the redistribution of powers in the power triangle at the national level: President - Parliament - Government. Since independence, changes have taken place here many times. However, despite the changes taking place in this redistribution at the national level, people living in specific towns and villages continue to face the same problems. To date, not clear enough mechanisms have been implemented to form effective local self-government and territorial organization of government to ensure the provision of high quality and affordable public services, meet the interests of citizens in all spheres of life in the territory, harmonize the interests of the state and local communities, establishing cooperation between the authorities and local governments. Currently, the second stage of decentralization in Ukraine continues in 2020-2021. The Cabinet of Ministers of Ukraine has identified the need for further reform process, introduction of decentralization in Ukraine as one of the priorities in the state, which will continue the development of local self-government, territorial communities and in general will enable the growth of Ukraine's economic indicators. In this regard, this article is aimed at studying the state of administrative-territorial reform in Ukraine, as well as outlining areas for improving the legal aspect of decentralization reform in Ukraine, as for further development of the legal framework, to continue the reform requires a number of important laws.

Highlights

The structure of the system, the balance of power and the order of functioning of local governments and public authorities in Ukraine contain elements of potential conflict, as it is not fully regulated and enshrined in law. The solution of this problem becomes possible under the condition of reorganization, distribution of all power functions and power powers between executive bodies and local self-government bodies, which is not considered possible without decentralization and optimization of administrative-territorial structure in Ukraine by forming territorial communities. sufficient powers to enable communities to address local issues on their own to meet their needs
Problems of functioning and reform of local self-government in Ukraine are studied by scientists, scientists – representatives of many sciences, first of all, they are specialists in the field of public administration and local self-government
In Ukraine, it was no longer possible to postpone decentralization due to a number of negative factors: the imperfection of the existing structure of the administrative system; uncertainty of the status of many administrative-territorial units and division into categories; significant difference in population, area and other parameters; inconsistency of the administrative-territorial division of Ukraine operating in the EU country; low efficiency of local self-government bodies; insufficient tax base for budget financing of regional and local development; lack of mechanisms of influence on the production and social spheres; imperfection of the system of legal relations within the administrative units of local selfgovernment bodies and local state administrations; polarization of interests of the center and regions; lack of conditions for investment and development of local business

Summary

Introduction

The structure of the system, the balance of power and the order of functioning of local governments and public authorities in Ukraine contain elements of potential conflict, as it is not fully regulated and enshrined in law. The solution of this problem becomes possible under the condition of reorganization, distribution of all power functions and power powers between executive bodies and local self-government bodies, which is not considered possible without decentralization and optimization of administrative-territorial structure in Ukraine by forming territorial communities. In accordance with the Order No 333-r of the Cabinet of Ministers of Ukraine „On approval of the Concept of reforming local self-government and territorial organization of power in Ukraine” (2014), hereinafter referred to as „Concept”, set the start and vector of direction for the reform process and the mechanism of functioning of local self-government bodies and their powers.

Objectives

Results

Conclusion