RELEVANT ISSUES OF LEGAL REGULATION OF THE INSTITUTE OF HEADMAN IN UKRAINE: THEORY AND PRACTICE

Abstract

The article highlights the conceptual vision of the role and place of the headman in the system of local self-government in Ukraine, provides a comprehensive description of its formal and material criteria. The idea of ​​allocating two stages of legislative regulation of this institute is substantiated. The first stage: February 2015 - July 2020. The second stage: July 2020 - to the present. It is emphasized that in the current municipal legislation of Ukraine there are low legal gaps that do not allow to establish a transparent procedure for selection of candidates for the post of mayor, as well as a clear procedure for approval of the mayor at the session of the council. Attention is drawn to the fact that during this period the procedure for appointment to the position of headman has changed significantly - from direct elections to local elections to approval at a session of the local council on the proposals of the relevant chairman. Some dynamics of legal regulation of social relations of the institute of headmеn is due to attempts to find the optimal format of such an institution in the system of checks and balances in the quadrangle: villagers, settlements - council - the corresponding chairman - the headman. It is noted that the headman should be a true representative of the interests of residents in relations with the relevant chairman and representative body of local government. At the same time, among the topical issues of the legal status of the head should be the definition of his place in the structure of executive bodies of local self-government (I believe that it is necessary to leave a guaranteed place in the executive committee of the local council). Attention is drawn to the need to establish a clear and transparent procedure for selecting candidates for the post of headman. Clear criteria must be developed and approved for the objective selection of candidates and their public discussion before approval. Proposals are made that qualitative and quantitative criteria for the formation of headmеn`s districts should be enshrined in the current legislation of Ukraine. It is noted that special attention should be paid to the professional and personal qualities of headman, the process of its training and retraining, advanced training of headman as an effective representative of the interests of residents. Addressing such issues will contribute to the formation of a balanced system of local self-government in the village, town and city.