Legal Regulation of the Competence of Local Self-Government in the Conditions of War in Ukraine

Abstract

The article is devoted to the issues of competence of local self-government and its bodies during the introduction of martial law, and also to the analysis of amendments to the legislation in the field of local self-government aimed at redistribution of powers in the system of local self-government, and also to the introduction of conditions for "lawful interference" of a number of other entities in the process of exercising by local self-government bodies of their powers. The subject matter of the study is public relations related to ensuring further guarantee of local self-government activities under martial law, inviolability of its powers, and prevention of arbitrariness or usurpation of local self-government powers by public authorities. The purpose of the article is to study the functional and competence sphere of local self-government and to assess the impact on it by public authorities. The study applies systemic-structural and structural-functional, formal-legal, prognostic methods, the method of generalization, as well as the methods of analysis and synthesis. The author examines the current legislation with a view to clearly establishing the conditions for exercising the powers granted to local self-government bodies, as well as the cases, grounds and mechanism under which public authorities may take over the powers of local self-government. The author analyzes the conditions and grounds for early termination of powers of local self-government bodies and the scope of exercise of local self-government powers by military administrations. The legislation is studied to determine the moment and grounds for the transfer of self-governing powers of local self-government to state authorities. It is determined that the impact on the local self-government system by public authorities should be commensurate with the conditions in which the State is currently operating. The author concludes that under martial law, the activities of local self-government should be carried out in accordance with the rules clearly defined by law and should not go beyond the powers granted to them. In case of violation of such rules by the State, appropriate adequate measures should be taken.