CURRENT PROBLEMS OF THE INTERACTION OF LOCAL GOVERNMENT BODIES WITH CIVIL SOCIETY INSTITUTIONS UNDER THE CONDITIONS OF THE MARITAL LAW

The purpose of the article is to study the mechanism and problems of interaction between public executive authorities and local self-government bodies in Ukraine and to determine the specifics of its implementation in the EU countries with a view to possible implementation of the European experience into the national legislation of Ukraine. Methodology. The study is based on the analysis of the legal framework and theoretical provisions on defining the system and guarantees of state executive authorities and local self-government bodies in Ukraine, the principles of organisation and operation, legal status and responsibility of such bodies and officials. The system of local self-government bodies in Ukraine and the EU countries, as well as the specifics of the territorial structure of some of these countries (in particular, France and Germany) are studied. It is emphasised that local self-government in the State is a significant indicator of the level of centralisation or decentralisation of State power, the level of democracy, the content of the existing political regime, and the prevalence of democratic or autocratic tendencies. A high level of development of local self-government ensures the democratic nature of the political regime and is a manifestation of the democratic policy of the State. The article analyses the problems of legislative support for interaction between public authorities and local self-government bodies, distribution of powers between them, and identifies ways to improve them. Results. In the course of studying the mechanism and problems of interaction between state executive authorities and local self-government bodies in Ukraine and the EU countries and based on the analysis of the current regulatory framework, the author substantiates the need to reform the system and principles of cooperation between local state administrations and local self-government bodies in Ukraine. The author emphasises the need to bring domestic legislation in line with international standards. Based on foreign experience and analysis of Ukrainian legislation, the author concludes that the ways to overcome the problems of interaction between state executive authorities and local self-government bodies in Ukraine include: the need for a certain level of independence of local authorities in the ways they exercise their powers; and a clear delineation of the functions of local state administrations and local self-government bodies at the legislative level; legislative regulation of regular close cooperation between the government and local self-government bodies; introduction of effective mechanisms for coordinating decisions of central and local executive authorities; settlement of the problem of delegation of executive powers to local self-government bodies; creation of a mechanism for effective state control over the legality of the exercise of powers by local self-government bodies. Practical implications. The paper provides proposals for taking into account the experience of the EU countries regarding the interaction of local self-government bodies with public authorities. This is especially true with regard to maintaining a balance in terms of the optimal combination of functions, rights and obligations of such bodies, as well as the balance between state control over the activities of hromadas of villages, towns and cities (which exercise local self-government) and a certain level of independence of local authorities in the ways they exercise their powers. Value / Оriginality. The article provides proposals for amendments to the legislation of Ukraine in the field of local state administrations and local self-government. This applies, in particular, to the issue of harmonisation of the provisions of the following Laws of Ukraine: "On Local Self-Government in Ukraine" of 21.05.1997, No. 280/97-ВР and “On Local State Administrations” of 9 April 1999, No. 586-XIV.

Changes in public relations and a high level of civic engagement have led to the constitutional amendment and adoption of such categories as civil society and institutions of civil society. An important result of constitutional modernization was the normative consolidation in the text of the Constitution of the Russian Federation of the main forms of interaction between civil society institutions and public authorities. For the implementation of the constitutional provisions, it is necessary to develop theoretical ideas concerning the activities of the structural elements of modern society on their interrelations with public authorities.
 The legal characteristics of a civil society institution are studied in the context of local self-government. It is opined that local self-government is not even remotely qualified to be regarded an institution of civil society because it lacks the attributes of independence and autonomy of activity. In accordance with the legislation of the Russian Federation, a significant part of the activities of local self-government bodies, including their formation, takes place in the public sphere. Only certain elements of their activities in particular, the forms of direct democracy can be attributed to the sphere of civil society. It is suggested that local self-government be considered from the general law view as a form of interaction between civil society institutions and the public authorities.
 Special attention is paid to the relationship between local self-government and civil society. An analysis of the current regulations on the interaction between civil society institutions and local self-government bodies leads to the conclusion that the existing legislation does not fully provide for the implementation of various forms of direct participation of citizens and their associations in the local self-government affairs. Therefore, it is necessary to improve legislation in order to increase the effectiveness of the interactions between local self-government bodies and civil society institutions.

The article deals with the basic legal acts defining the procedural aspects of the interaction of local self-government bodies with non-governmental organizations. Particular attention is paid to the coverage of international acts ratified by Ukraine and regulates the issues of such cooperation. The article highlights the dependence of the development of local self-government on the civil and political activity of the population. A detailed study of problems in the relationship of local self-government with citizens, associations of citizens, mass media and other civil society institutions has been formulated, proposals have been formulated to improve the solution of identified problems. As a result of the research, the author concluded that the main problem on the way of democratization of the national legislation of Ukraine is the inactive and ineffective participation of the public in the formation and implementation of state policy. The European Convention on Human Rights determines that the state must ensure the right of citizens to participate in the management of public affairs in order to establish a democratic and legal society, however, there are no mechanisms established by law for such participation. Investigation of the existing regulatory framework in Ukraine to ensure basic legal guarantees of citizens’ participation in the development and implementation of management decisions by local self-government bodies proves that not only these guarantees are not detailed, but also none of the existing normative acts establish clear procedures for ensuring the rights of citizens from the bodies of local self-government information regarding the issues discussed and regulated by these bodies, adopted regulatory acts, projects and mechanisms for the adoption of achymyh decisions for society. The article contains a number of concrete proposals for solving the problems of forming the basis of cooperation between local self-government bodies, the legal regulation of control and supervision activities in the field of local self-government, conflict resolution between local self-government bodies and civil society organizations, improvement of legal regulation of liability for non-compliance with legislation on civil cooperation society with local self-government bodies.

Розглянуто актуальні питання взаємодії органів державної виконавчої влади і органів місцевого самоврядування на регіональному та місцевому рівнях, окреслено основні моделі таких взаємовідносин, досліджено види структурних зв’язків. Проаналізовано зміни в системно-організаційних зв’язках зазначених органів в умовах децентралізації влади на прикладі управління сферою соціального захисту населення. Надано рекомендації щодо створення ефективного механізму взаємодії органів державної виконавчої влади та органів місцевого самоврядування.

Introduction. In the light of the constitutional innovations of 2020 regarding the legal regulation of civil society as a whole, and in particular of its individual public law institutions, as well as the legal position of the Constitutional Court, formulated in a number of its resolutions and definitions, regarding the recognition of the local community as a source and subject of local self-government, the problem of legalization seems urgent the legal definition of “local community” in the current legislation. Theoretical Basis. Methods. The methodology of the study is largely determined by its goals, the main of which is to formulate a set of scientifically based conclusions about the concept based on a systematic legal analysis of various points of view of researchers, the legal positions of the Constitutional Court of the Russian Federation regarding the place and role of the local community in the system of local self-government as its source and subject of implementation, the structure of the local community and the forms of its interaction with local self-government bodies and on their basis to develop practical recommendations for improving legislation in this area. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (system-legal, comparative-legal, historical-legal, formal-legal). The application of these methods of scientific research makes it possible to determine the structure of the local community as an institution of civil society and a subject of local self-government, to identify intra-system connections, forms of interaction of the local community with local self-government bodies, patterns and trends corresponding to this process. Results. The theoretical, methodological, scientific and practical issues of defining the concept and structure of the local community, as well as the requirements imposed in the legislation to its elements in the face of organized associations of the population of the municipality are disclosed. A methodology has been developed for determining the grounds for classifying the forms of interaction of the local community with local self-government bodies depending on the forms of direct implementation of local self-government by the population, forms of participation of the population in the implementation of local self-government and forms of public control defined in the legislation. The criteria for determining the unity of the forms of interaction between the local community and local self-government bodies, enshrined in the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” and the Federal Law “On the Basics of Public Control in the Russian Federation” in solving issues of local importance, are analyzed. Discussion and Conclusion. The formation of a local community as a public legal institution of civil society, a subject and source of local self-government is a necessary condition on the path of its development as the basis of the constitutional system of the Russian Federation and one of the forms of democracy, which determines the advisability of introducing the legal term “local community” in current federal legislation.

The article defines the concept of “civil society institutions” and presents their different types. The characteristic features of civil society institutions are identified, which distinguish them from other civil society organizations, like: common interest, activity or defined territory that unites citizens into an institutional organization of the civil society; their independence from local governments, public authorities, and other entities; non-commercial nature of their activities. The position of the civil society institutions development and their participation in governance as a component of the democratic state building, is highlighted in the article. The analysis of the normative-legal base, which regulates the legal relations of the interaction of civil society institutions with local self-government bodies, is carried out. It is established that the legal basis which regulates the interaction and legal relations of local governments with individual civil society institutions is the Constitution of Ukraine, international legal documents, other special laws of Ukraine, regulations. Based on the analysis, key aspects of cooperation are identified, which are proposed to be regulated by amending the Law of Ukraine “On Local Self-Government in Ukraine” which provides a separate article that will be the legal basis for building relations between all established civil society institutions and local governments. Analyzing the Decree of the President of Ukraine “On promoting the development of civil society in Ukraine” (2016), the authors concluded that it is necessary to regulate the aspects defined in this normative document and develop a strategy for cooperation between local governments and civil society institutions. The article proves the importance of using fundraising technology as a form of interaction between the researched subjects, which will satisfy their interests. The necessity of including fundraising technology in the strategy of development of interaction between local self-government bodies and civil society institutions is argued.

Ensuring the effectiveness of professionalization of local self-government officials

The article deals with the institution of local self-government in Ukraine. As the title implies the article describes the development of the concept of the theory of local self-government at the current stage of the development of the rule of law. The issue of the development of the concept of local self-government at the current stage of the development of the rule of law is closely related to the strengthening of the social and legal policy of the Ukrainian state, which offers the provision of a high quality of life for citizens, the provision of comfortable living conditions for the population, as well as a favorable human environment. The definition of the concept of local self-government in legal science is determined by the concept of local self-government chosen by the state, which is formed on the basis of the practical application of the skills of civil servants in practice and scientific developments by legal scientists. To constantly increase the role and importance of the work of local self-government bodies at the appropriate level. Every citizen of Ukraine should have an idea of the powers of local self-government bodies and how citizens can constitutionally exercise their direct right to private property, self-determination, free movement, and free choice of residence. At the same time, local self-government bodies must guarantee such independence and inviolability. This conceptual theory is based on the division of functions and powers between state bodies and local self-government bodies. The Constitution of Ukraine, the Law of Ukraine «On Local Self-Government Bodies in Ukraine» and other regulatory and legal documents are intended to contribute to the solution of this problem. The author comes to the conclusion that is at the community level that it is possible to maximally ensure the provision of high-quality and accessible administrative, social and other services, the establishment of democratic institutions, the satisfaction of the interests of citizens in all areas of life in the relevant territory, and the coordination of the interests of the state and territorial communities. The author claims that, therefore, local self-government is the management of affairs and is of an economic nature. The issue of a theoretical concept for solving the problem of decision-making on the conclusion of special agreements between state authorities and local self-government bodies is relevant. There is no effective mechanism for the application and entry into force of the adopted legal acts. Citizens of Ukraine must exercise their right to participate in local self-government by belonging to the respective territorial communities. Any restrictions on the right of citizens of Ukraine to participate in local self-government depending on their race, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, term of residence in the relevant territory, on linguistic or other grounds are prohibited. Key words: State, citizens, local self-government bodies, concepts of legal theory, rule of law, state power, society, government.

The article draws attention to the fact that the current legislation on local self-government and service in local self-government bodies contains a number of problematic issues in terms of regulation of remuneration of officials. It is emphasized that this significantly reduces the effectiveness and reliability of material and financial guarantees for persons performing the tasks and functions of local self-government in positions in its bodies. Due to the low level of regulatory and legal control, the institution of salary does not fully perform the functions it is supposed to perform. The article examines the essential content and role of wages in a modern democratic, legal state, which in its functioning and development relies on the tools and levers of the market economy, as well as civil society institutions. The author presents scientific positions on the content of the concept and functional purpose of wages, as well as its characteristic properties as a legal category. The author analyses the opinions and proposals for eliminating the shortcomings of the organisational and legal framework for material and financial remuneration of public servants of local self-government bodies. It is emphasised that Ukraine has the Law “On Service in Local Self-Government Bodies”, which is intended to change the approaches to the regulation of remuneration of municipal officials significantly, but it has not entered into force and may remain in this state for a long time. In addition, it should be noted that this legal act also has certain gaps in terms of regulating the remuneration of the public servants under study. Taking into account the positions of researchers, as well as the upcoming update of the legislation on service in local self-government bodies, some steps are proposed to improve and develop remuneration of local self-government officials. The author emphasises the need to revise the scheme of official salaries and improve approaches to bonuses for local self-government officials. Emphasis is placed on the importance of improving the effectiveness of mechanisms and tools for stimulating and encouraging the work and service activities of municipal officials.

The article examines the organisational and legal framework for implementing certain projects of interaction between local self-government bodies and the police under martial law, and identifies the specifics of their financial support. The purpose of the study is to identify promising projects of cooperation between local self-government bodies and the police and other authorities in creating a secure environment and the means of their organisational and economic support. The objectives of the research are to clarify the legal basis and forms of cooperation between local self-government (LSG) bodies and the police in the area of ensuring the vital activity of the region; to identify promising projects of cooperation between local self-government bodies and the police and other bodies in creating a secure environment that have been implemented and are planned for implementation and ways to finance them. The methodological basis of the paper is the dialectical method, the application of which allowed to comprehensively reveal the nature of forms and methods of interaction between local self-government bodies and the police. The study established that the interaction of the National Police of Ukraine with other public security entities during the anti-terrorist operation should be understood as an activity based on legislative and by-law regulations and coordinated in terms of objectives, time and place of conduct between entities directly involved in the fight against terrorism, arising from the organisational activities of specially created coordination bodies, and other equal and independent state bodies, local self-government bodies and the public with the aim of their coordinated functioning to protect the rights, freedoms and security of citizens, prevent and suppress terrorist acts and other offences through the most appropriate combination of forms and methods inherent in these subjects. It is found that, taking into account the analysis of positive foreign experience, it is advisable to develop a model programme of interaction of local self-government bodies at the regional level with the police and other authorities to create a secure environment in Ukraine, which should define: the legal basis for interaction; areas of interaction; forms, means and methods of interaction; and the procedure for joint financing of security programmes of interaction in this area.

Problem setting. This article is devoted to the study of the problems of formation and implementation of municipal legal policy. The innovative component of municipal legal policy is studied in relation to the essence of this political and legal phenomenon, as well as the elemental composition of this direction of legal policy. Attention is drawn to the tools and means of the municipal legal policy, in particular, those that are innovation-oriented. It is about the fact that municipal legal policy includes goal-oriented and coordinated activities of state authorities, local self-government bodies and officials, civil society institutions, territorial communities and individual citizens, which is carried out with a common goal and within the rules and orders prescribed by current legislative acts, and ultimately, orients society to the optimization of municipal legal regulation. Analysis of recent researches and publications. The issues related to the formation of the main directions and problems of implementation of municipal and municipal legal policy are poorly understood. At the same time, issues related to the formation of the State’s legal policy have repeatedly become the center of scientific discussions. Thus, issues related to the formation and implementation of the State legal policy were the focus of attention of such scholars as V. I. Andriyash, N. A. Zheleznyak, O. V. Skrypniuk, D. O. Tikhomirova, and others. Scientific research on certain aspects of municipal legal policy includes the works of O. Akhmerov, O. Batanov, V. Popovych, R. Hwan and others. Purpose of research is to study the main issues related to the formation and implementation of municipal legal policy, to highlight the innovative component of modern municipal legal policy, and also to clarify the role of local selfgovernment in the formation and implementation of innovation-oriented municipal legal policy in Ukraine. Article’s main body. It is established that despite the fact that the state still remains the leading actor in the field of municipal legal policy formation, local self-government bodies are increasingly integrated into the process of municipal legal policy formation and implementation on the local level. After all, the provision of the proper conditions aimed, first of all, at improving the process of formation and implementation of municipal legal policy, depends to a greater extend on the initiative and responsible territorial community, as well as on the local self-government bodies and officials, acting within the limits of the Constitution and laws of Ukraine, adapting decisions on local conditions and needs. The main problems of the path of post-war renovation of territories are identified, the importance of understanding the role of not only the state, but also regions in the process of post-war reconstruction and renovation of the territories, regions and the state as a whole is emphasized. Attention is drawn for the need of a radical revision of approaches of understanding, problems of the formation and implementation of municipal legal policy in Ukraine, taking into account objective factors and conditions. During martial law in Ukraine, it is impossible to meet all the conditions necessary for the comprehensive and consistent implementation of innovation-oriented municipal legal policy. At the same time, the creation of an infrastructural, resource, organizational and legal basis for the post-war successive implementation of the steps of innovation-oriented municipal legal policy is carried out mainly or thanks to the processes of municipal management, which is carried out, in particular, through the institution of local self-government. Conclusions and prospects for the development. Thus, despite the leading role of the state in the formation and implementation of municipal legal policy, the role and importance of local self-government in this process should not be underestimated. Today, local self-government acquires the status of one of the key agents in the formation and implementation of innovation-oriented municipal legal policy during martial law, as well as in the period of post-war reconstruction. Key words: state, innovation-oriented municipal legal policy, local self-government, municipal legal policy, post-war renovation.

The article is devoted to the study of the concepts of “competency”, “competence”, “powers”, and their correlation in the formulation of powers of local self-government bodies. The study focuses on the understanding that local self-government and local self-government bodies are a product of civil society and are called upon to regulate, promote and implement the interests of civil society, associations of citizens, in particular, on the territorial principle, as well as individuals. Since local self-government is the right of residents of certain settlements to associate, local governments must provide relevant services to the community and its residents. The provision of relevant services by local self-government bodies, which are public services by their nature, involves the exercise of their powers granted to them as a result of decentralisation of power to fulfil their functions and tasks. The exercise of powers by local self-government bodies is impossible without understanding the essence and content of powers, their correlation with the subjects of exercise – the relevant officials of local self-government bodies. Thus, understanding of the holistic doctrine of powers of local self-government bodies, their functionality and hierarchy is impossible without studying the concepts of “competency” and “competence” of a local self-government official. Based on the results of the study, the author formulates the author’s own definitions of the concepts of “competency”, “competence” and “powers” of local self-government bodies. Competence is considered as an integral system that includes subsystems of knowledge, skills and abilities necessary to perform a certain function and implement a relevant task, which by its purpose meets the requirements for holding a position in local self-government bodies, as well as the rights and obligations resulting from the implementation of the functions and tasks of local self-government. Competency is the ability of a person to exercise the rights and duties of a local self-government official, taking into account the availability of relevant knowledge, skills and abilities, the ability of the official to independently form the specified necessary set of rights and duties for the exercise of the powers of the local self-government body, taking into account the available administrative discretion. At the same time, it is substantiated that the powers of local self-government bodies are a system of rights and obligations of local self-government officials enshrined in legal documents which ensures the realisation of the interests of the territorial community by providing relevant services within the framework of certain functions for these bodies and is based on the competence and competence of officials, employees of local self-government bodies and institutions and organisations established by them aimed at achieving the tasks set by these bodies.

Розглянуто сучасні проблемні аспекти проведення децентралізації в Україні. Доведено необхідність вирішення зазначених проблем для подальшої оптимізації регіонального зростання. Визначено особливості впровадження публічних механізмів в умовах неврегульованого розвитку територіальних громад.

The article is devoted to the analysis of Ukrainian legislation in the sphere of implementation by local self-government bodies of budgetary powers directly related to information law. The concept, the content of these powers, their implementation in the conditions of martial law are considered. The paper analyzes the criteria by which this concept is defined, and determines the significance of the budgetary powers of local self-government bodies in the field of informatization. As well as the shortcomings faced by these bodies during the implementation of the above-mentioned powers The legal principles on the basis of which the relevant bodies exercise their rights and duties in the researched area have been studied. The impact and changes on the process of implementation of these budgetary powers of local self-government bodies, caused by the full-scale invasion of the Russian Federation into Ukraine, were studied. It has been clarified what specific researched budgetary powers of information law these bodies have in this or that sphere of public life. The duties of publicizing a certain type of information by local self-government bodies, including information on budgets and their implementation, are considered. Own and delegated powers of local self­government bodies in the field of informatization, including financing of industry programs and projects, are discussed. The issue of the role of local governing bodies in ensuring access to information and the implementation of other aspects of information law at the level of specific local communities is studied. The problems faced by local self-government bodies during the implementation of relevant powers in the field of informatization and their consequences are analyzed. As well as their ability to improve the availability of information to the public. Also, the importance of effective use of budgetary resources for the development of information infrastructure and raising the level of citizens’ awareness was investigated. The legal acts related to the financing of information projects by local bodies are systematized and analyzed, defining their rights and responsibilities in this area. Support for information disclosure through local government media spending, such as the creation and maintenance of websites and online platforms for publicizing official information, is being considered. The content of the legislative norms regulating this sphere has been studied, highlighting the basic rights and duties of local bodies in relation to information policy. As well as the practice of local bodies applying international experience in this field. Attention is drawn not only to the legislative framework regulating these issues, but also to the practical experience of their implementation at various levels of local self-government. In particular, the article examines the mechanisms of the formation and use of budget funds to ensure the information needs of citizens, the development of information infrastructure on the ground, as well as control over the expenditure of budget funds in this area. The article analyzes the practical experience of local bodies regarding the implementation of projects to improve the availability of information. Attention is also paid to mechanisms for using budgetary resources to create and maintain information resources, such as various websites, appropriate infrastructure for information dissemination, etc. On the basis of the researched materials, namely, current legislation, scientific articles and other resources, the main aspects of advantages and significance, problems and directions of implementation by local self-government bodies in the field of information law were defined and outlined. This article highlights the functioning mechanisms of local self-government in the conditions of a modern information society and can be useful for all those interested in the development of local democracy and the construction of a society in which information transparency will prevail, that is, information transparency of the subjects of this sphere.

The purpose of the article is to provide a conceptual justification of the fac-tors, conditions, and limitations regarding the implementation of crowd technolo-gies in the activities of local self-government bodies. It has been established that crowd technologies in local self-government are social technologies that involve the engagement of «informal public» in the govern-ance process through a public offer made by local self-government bodies. These technologies utilize the intellectual potential of online communities to address so-cially significant issues without entering into an employment contract. It is defined that crowd technologies in local self-government are also specif-ic public-private management technologies that introduce civil relations into bu-reaucratic practices. In this regard, it is important to distinguish various types of these technologies, including crowd-sourcing, crowd-funding, crowd-recruiting, crowd-creation, and so on. The utilization of these and other types of crowd tech-nologies in local self-government allows for addressing important tasks for territo-rial communities, such as involving the population in decision-making processes, mobilizing citizen funds for voluntary development of crowd projects through in-formation technologies, searching for talented professionals within the community, and facilitating the creation of new crowd projects by the «informal public». It has been proven that the implementation of crowd technologies as mani-festations of public-private management requires a set of necessary conditions for their integration into the practices of local self-government. These conditions in-clude: Regulatory and legal support for crowd technological activities. Generalization of experience (positive or negative) with crowd tech-nologies. Accurate identification of crowd technology objects. Institutionalization of a public actor interested in crowd technologies. Formation of civic competencies among the population as individual qualities socialized under the influence of civil society. Ensuring informational accessibility of decision-making practices by local self-government bodies and administrative services provided by them, as well as by communal institutions and enterprises. Demonstration of loyalty by local authorities towards organizing work according to the crowd technology model and the willingness of their leaders and officials to collaborate with the public. Development of integrated software products for local self-government bodies based on the principles of open-source software. It is argued that the structure of crowd potential in a territorial community is formed by two main components: the capacity and readiness of the population and local self-government bodies to participate in crowd technologies. Capacity in-cludes awareness of the organization of governance and knowledge of crowd tech-nologies, which is reflected in the societal and governmental understanding of the possibilities for implementing crowd projects at the community level. Readiness consists of the interest in voluntary participation in addressing social issues, the societal values of the population and local self-government bodies, and their moti-vational reasons for participating in crowd projects.