CONSTITUTIONAL CHANGES IN UKRAINE IN SHERE OF DECENTRALIZATION: DO WE NEED THE FRENCH EXPERIENCE?

Abstract

The experience of the French Republic in the sphere of state construction has influenced significantly on the development of state and municipal institutions of the independent Ukrainian state. It was in 1996 when the Constitution of Ukraine accepted the French municipal governmental form as a mixed (presidential-parliamentary) republic. The existing system of regional governance in Ukraine largely calqued the French model of regional governance. Of course, it can`t be insisted that Ukraine has borrowed fully the model of cooperation between local authorities and state authorities, but we can undoubtedly see many features in common. Mention should be made that the process of decentralization and municipal reforms is being continuing both in Ukraine and France. We consider it to be a natural process of searching of an optimal and effective model of regional governance, the purpose of which is to find a harmonious balance between the local self-government and public administration. Therefore, we find it important to investigate and analyze the evolution of the formation and development of local self-government institutions in Ukraine and France in the context of decentralization reform and municipal reforming. France has gone a long way of searching an effective model of regional governance, where powerful and effective local self-government occupies a key position today. Systemic and comprehensive reforms in France in this sphere are characterized by logical changes and understandable reform paradigm - from centralization of power to its decentralization (after the reform of 1982). In Ukraine, on the contrary, there doesn`t exist a systematic approach and there are no strategic approaches to understanding the algorithm for the implementation of decentralization processes and the reformation of the local- government system. Therefore, in this context, the positive experience of France should be taken into account in Ukraine on its the way towards self- government decentralization and implementation of the municipal reform in order to become a reliable foundation for the development of a democratic and legal Ukrainian state. France has a considerable experience in the activities of prefects as state representatives in regions, while the legal status of the prefect has changed significantly since the reform of 1982. The introduction of the institution of prefects in the constitutional field of Ukraine has a lot of nuances, taking into account the concern regarding the establishment of possible total control over the activity of local self-government bodies and officials.