Reasonable territorial basis for the activity of local self-government bodies and executive authorities: issues of identifying

Abstract

The article gives a critical analysis of some studies and suggestions on the content of the reform of the administrative-territorial system of Ukraine. Analysis of the draft Law of Ukraine Amendments to the Constitution of Ukraine (Regarding the Decentralization of Power) was provided. The preconditions and the expected result of the voluntary association of in the process of constructing a substantiated basis for the activities of local self-government bodies and executive authorities are determined. The result should be the creation of a basic level of administrative-territorial system - a «gromada» (community), several will form a district. The content and condition of observance of conditions of the voluntary association of are analyzed, on the basis of which it is proposed to supplement the Law of Ukraine voluntary association of communities in the part of the consequences of violation of the conditions of the association of communities. As a consequence, it is proposed to recognize the invalidity of the decision on the voluntary association of communities. The necessity of the introduction of conditions for the association of communities, aimed at adhering to the proportionality with regard to the size of the territories and population, was determined. On the basis of the analysis of the provisions of the Law of Ukraine Voluntary Association of Territorial Communities, a distinction was made between the concepts community and territorial community. The problem of uniting in all of the district is proposed to be resolved by joining a district, in which there is only one community, to one of the neighboring districts, followed by the liquidation of district councils and the conduct of elections to the newly formed district council