THEORETICAL AND LEGAL BASES OF NORMATIVE ACTIVITY OF LOCAL AUTHORITIES IN UKRAINE

Abstract

The scientific article is devoted to the research of theoretical and practical issues of normative activity of local authorities in Ukraine. Modern scientific developments are revealed, international and national normative legal acts are elaborated, practical aspects of the activity of local authorities in the development, adoption and implementation of local government acts in Ukraine are studied. On the basis of the obtained conclusions and generalizations, proposals for improvement of national legislation and recommendations for practical direction of the functioning of local authorities in the process of rulemaking are formulated. It is substantiated that all acts of bodies and officials of local authorities are acts adopted by the respective authorized entities, within the limits of the Constitution and laws of Ukraine, in a regulated manner, having a clear algorithm of execution. The local government regulations include: 1) statutes of territorial communities; 2) decisions made in the form of legal acts, adopted at a local referendum, citizens’ meetings; 3) acts (decisions) of local councils; 4) acts (decisions) of executive bodies of local councils, 5) acts (orders) of village, settlement, city mayor; 6) acts of local state administrations (orders of the chairman and orders of heads of departments, departments and other structural subdivisions of local state administrations); 7) regulatory agreements. It is advisable to set the standards for local norm-making acts, in particular the content, form and procedure of their adoption, at the legislative level, which will increase the level of their preparation and responsibility of local self-government bodies and officials, promote the importance of the legal acts adopted by them in the mechanism of legal regulation and ensure their legitimacy. It has been proved that legitimacy of regulations of local authorities means its recognition and perception by communities, awareness of its correct content in terms of interests of local residents and the state as a whole, conviction of its conformity and proportionality to the needs of today.