Activities Of Local Self-government Bodies Research Articles

Decentralization processes in Poland and Hungary as a reference point for Ukraine

Decentralization tends to expand the local self-government, it activates the population to meet their own needs and interests, and it narrows the sphere of state influence on society.Each country has its own history of establishing the principles of building and developing specific self-governing bodies, their interaction with central authorities, and enshrines them in constitutions and relevant laws on local self-government. Poland actively launched administrative reform in relation to the functioning of the institute of local self-government after the fall of the communist regime, which resulted in a decentralized system of governance. Territorial self-government bodies can directly cooperate with the central government and, accordingly, influence it in the interests of society. In parallel with the implementation of the Decentralization Reform in 1997, the Constitutional Reform of local self-government also took place. The reform of Hungary’s local self-government system lasted from 1990 to 2011, and de- spite significant success, it still cannot be called complete.The main principle of this reform is that local governments should solve exclusively local issues and provide services of local significance, while other issues should be resolved only under the supervision of the central government. This does not quite correspond to the principle of decentralization of government bodies. In Ukraine, drastic changes in the system of local self-government began in 2014 with the change of government and the adoption by the Cabinet of Ministers of Ukraine of the Concept of reforming local self-government. The process of decentralization of power in Ukraine is multidimensional and covers the reorganization of the administrative-territorial structure of the state, changes in the system of public authorities, the distribution of functions and powers between them. On this path, it is important to rely not only on our own experience and traditions, but also to analyze decentralization reforms and regulations on the activities of local self-government bodies in neighboring countries and adapt to our realities what is already effective and mentally close to us. Keywords: decentralization, administrative and territorial reform, institute of local self-government, territorial communities.

ACTUAL QUESTIONS OF THE IMPLEMENTATION OF THE CONSTITUTIONAL LEGAL PERSONALITY OF MUNICIPALITIES

Abstract: the article examines the grounds for the implementation of the constitutional legal personality of municipalities in the Russian Federation. The article analyzes the impact of constitutional legislation on the activities of local self-government bodies. The article considers some materials of constitutional judicial practice, which substantiate the construction of a unified system of public power. The article examines the grounds for the emergence and termination of the constitutional legal personality of municipalities. The possibility of applying the V. E. Chirkin’s concept is indicated on public legal entities in the study of the status of municipalities. The author comes to the conclusion that municipalities by their nature are full-fledged subjects of constitutional relations, which realize their legal personality in the person of local self-government bodies, the head of the municipality, municipal employees, as well as legal entities. Along with the exercise by public authorities of their functions and powers, the legal personality of municipalities is expressed in the possibility of bearing constitutional responsibility.

International component in the activities of local self-government bodies of Ukraine

The purpose of this article is to study topical issues of the emergence, formation and manifestation of the international componentin the activities of local self-government bodies of Ukraine.It has been proved that the international legal component of local self-government is based on multilateral and multi-level coope -ration of the member states of the international community, acquiring phenomenological properties, because: A) relies on the possibi -lities of the phenomenon of globalization, which manifests itself in it in all three of its currently defined forms – economic, politicaland legal; B) uses the powerful spatially unifying potential of legal globalization as a powerful systemic and complex megatrend thatencompasses not only peoples and states, but also unites them around common strategic, tactical, and what is especially important –existential and everyday patterns of organization and implementation of the international, state, regional, local (collective), group andindividual life – through their coordination, integration and unification, convergence (rapprochement of the legal systems of states),their adaptation, approximation, and the like; C) determines and contextualizes new forms of interstate and international cooperationaimed at: deeper interaction of its subjects; is a powerful factor that is permanent in time; and multivariate in forms; poly-level andpoly-object development, which is accompanied by new and still unknown phenomena and trends – that is, we can talk about qualitative-paradigmatic and discursive civilizational changes, accompanied and manifested by the emergence of corresponding patterns ofdeep interaction, and significantly affecting the path of existence and further development peoples and states.It is argued that under the international component in its content, it is necessary to understand such aspects of the activities oflocal self-government bodies that are actually not connected in their emergence with the issues of “internal”, intrastate activities of thesepublic authorities, although in a broad teleological sense, it is this “international component “is aimed at facilitating and improving theactivities of such bodies within the national state through the acquisition of foreign experience, participation in international commercialand foreign economic activity, the formation of a local system of international cooperation.It is argued that the definition of a number of provisions (factors) of methodological properties that demonstrate the principles ofthe international and international legal potential of local self-government, its bodies and subjects (historical, psychological, collaboration,intersubjective, functional-active, ideological, public-state factors).

Комплексне проектування розвитку громади

The article analyzes the activities of local self-government bodies at the level of united territorial communities through the analysis of programs of integrated community development planning, their stages and problems that arise in their development. Approaches to researching the content of community development potential are identified. The main problems that hinder capacity development, have been identified: low level of organizational capacity of local self-government bodies, lack of organizational strategy and organizational processes, low level of interest and awareness of the processes of local self-government reform and lack of certainty in the land legislation.

РЕСЕЙ ФЕДЕРАЦИЯСЫНДАҒЫ ЖЕРГІЛІКТІ ӨЗІН-ӨЗІ БАСҚАРУДЫ БЮДЖЕТТЕУДІҢ ТӘЖІРИБЕСІ

In the article, the author noted the legislative and theoretical trends of local self-government in the Russian Federation. The economic foundations of local self-government in Russia are described. The norms of the Constitution of the Russian Federation that ensure the activities of local self-government bodies are also given. In order to study different levels of budgeting in local government of the Russian Federation, the author used the methods of collection and generalization. In addition, the article discusses, the budgeting process in local government, sources of budget replenishment and methods of budget alignment.

People’s sovereignty principle and its role in the formation of legislation on public service in Ukraine

The article takes into account Ukraine’s course to deepen European integration in order to gain EU membership, which involves the implementation of the Council of Europe’s principles of good governance, other European standards and best international governance practices. As a result of the analysis of the main components of the concept of people’s sovereignty, the concept of public service in Ukraine is substantiated and developed, which provides coverage of all subjects of power, regardless of the specialization of tasks and functions of the state and society. It is proposed to take the concept as a basis for solving the problem of existing separate regulatory acts in the spheres of state and military service, organization and activity of local self-government bodies, prosecutor’s office, Security Service of Ukraine and other authorities, state and municipal bodies. The lack of a system of regulations is the reason for inconsistencies or differences in their provisions. There are no legal norms on certain issues of the service, which is an obstacle to the formation of a holistic concept of public service in Ukraine, unambiguous in terms of the constituent elements of the concepts of «civil service», «public service», «civil servant», «civil servant». This has the form of imperfection of legislative support of relevant relations, lack of a unified approach to the allocation of components, principles of organization and functioning of public service in Ukraine, to determine the place of all state bodies in its apparatus and mechanism, taking the constitutional principle of separation of legislative, executive and judicial powers

Spatial change of Lviv in the post-Soviet period and their assessment by the residents

To determine the tendencies of reflection of the socioeconomic and spatial changes of the post-Soviet period in the minds of Lviv residents, to outline the factors influencing the transformations that are taking place. Historical development of Lviv – a multifunctional city with almost 800 years of history, cultural and educational center of Ukraine, was artificially transformed into an industrial center in the Soviet period. Transformations of Lviv image of the post-Soviet period were investigated on the basis of official statistics, analysis of town-planning projects and selective urban inventory. The actions of the authorities in influencing the changes in the image of the city are analyzed on the basis of approved strategic documents of development, as well as the activities of local self-government bodies. During the last three decades, Lviv has lost its competitiveness, and there is a decrease in population due to both natural growth and migration; increasing concentration of people and business functions in its central part; problems of transport and preservation of the historical environment of the city are aggravated; tourist anthropogression on the city is growing and tourist erosion is increasing. Assessments of an image change in residents’ perceptions are analyzed by comparing their own research and questionnaires. 200 surveys were conducted, the results of which are as follows: 1) An increase in the disorder of urban life and an increase in its intensity were recorded; 2) c the spatial image of the city is associated mainly with the growing importance of the old part of the city (localization of more and more services); 3) post-industrial territories are treated as places where the crisis of the city is visible; 4) the symbols of the city are unchanged, new ones are not named; 5) areas of high attractiveness in functional, social and aesthetic relations are distinguished, as well as low attractiveness spaces. The spatial changes of Lviv in the post-Soviet period are generally assessed as critical. The residents point out that Lviv does not create a sacred image anymore, it loses the aura of its intellectual and cultural center; the center is not attractive to architecture and history, but to restaurants that have transformed former art salons and bookstores; architectural identity and uniqueness are lost; space polarization is deepening (expensive commercial housing adjacent to neglected public spaces); commerce with a devastating excitement about the existing spatial order burst into the historical environment. The lack of a unified vision of city development and management of urban planning processes «in manual mode» causes chaotic and unsystematic changes that destroy the spatial structure, principles of city development and causes irreparable mistakes in its construction then copy it into the registration web field.

ГРАЖДАНСКОЕ УЧАСТИЕ МОЛОДЕЖИ В МЕСТНОМ САМОУПРАВЛЕНИИ В КОНТЕКСТЕ ПОКОЛЕНЧЕСКОЙ ТЕОРИИ

In recent decades, there has been a clear tendency to reduce the participation of young people in political processes, which is manifested, inter alia, in the low turnout of young people in elections and a decrease in the number of young people who are members of a political party. This is especially acute at the local level, leading to a decrease in the participation of young people in resolving issues of the local community, and, as a consequence, a decrease in civic activity, the formation of protest behaviour. According to the theory of generations, this situation is typical and can be described by the generational cycle of N. Howe and W. Strauss "Rise - Awakening - Decay - Crisis". The aim of the research is to analyze the civic engagement of young people in the context of generational theory in the context of age groups. Most of the respondents consider their civic position active. The authors come to the conclusion that there are no significant differences in the civic engagement of different age groups of young people. A significant part of young people do not know about the activities of local government bodies and the directions of their work. In this regard, it is necessary to organise educational events and implement projects aimed at involving youth in the activities of local self-government bodies, for a more active participation of young people in the implementation of projects at the local level. Younger age groups of young people are more willing to organise various events aimed at meeting social needs, while older age groups either prefer to take part in such events or are limited to financial participation.

Inactivity of public authority as a subject of land dispute in administrative legal proceedings

In recent years, conflicts in land relations between citizens and government have been increasingly occurring in Ukraine. On the one hand, citizens are striving to realize their right to receive a land plot free of charge, on the other hand, authorities are trying to ignore the corresponding statements of citizens. The purpose of this research is to formulate a legal position concerning the inactivity of authorities in relations arising from the initiative of citizens regarding granting them permission for the development of a land management plan with the subsequent transfer of a land plot into ownership, as well as to determine the optimal way to protect the violated rights of citizens as a result of unlawful inactivity of public authorities. The study has been characterization and identification of peculiarities of application of the principle of tacit consent in land permission relations; indicated ways of protecting the rights of an individual as a result of unlawful inactivity of a powerful subject; established nature of the discretionary powers of the competent authorities. The importance and value of research are complex in nature and is revealed in its social significance since it consists in publication and raising problematic issues in the land sphere for public discussion; the economic value is manifested in helping to resolve real estate ownership problems; legal significance consists in determining perspective directions of legal and regulatory improvement of land relations; the applied value which is manifested in the promotion of the activities of local self-government bodies and administrative justice.

Organization of administrative supervision of local government bodies in European countries

The article aims to theoretically substantiate and generalize the principles of supervision in European countries in order to understand the prospects for the development of administrative supervision of local self-government in Ukraine. The scientific novelty of the article lies in referring to the normative sources that regulate the relevant issues in European countries, and forming conclusions based on them about the optimal model of administrative supervision. The principle of autonomy of local government underlies the organization of administrative supervision over the activities of local self-government bodies in European countries. In this regard, there is the problem of the existence of such means of ensuring the rule of law, which would not violate the limits of autonomy of local governments. In many states, it is at the constitutional level that the basic principles of administrative supervision are defined. It is concluded that the consolidation of the basics of administrative supervision at the level of the basic law, which is amended by a complicated procedure, provides local governments with more guarantees and greater certainty about the application of this principle in local governments. The approach adopted by most European countries to distinguish between their own and delegated powers of local authorities and empowering supervisory authorities to verify the legality of the use of the former, and expediency only in relation to delegated powers, is appropriate. In the event of a violation of the law, officials supervising the administration must intervene. However, as a rule, they should not be empowered to overturn decisions taken by local governments: they can only be overturned by the courts. A posteriori supervision is more acceptable in terms of time of supervision. Instead, a priori supervision, for which the decision requires approval from a state body, should be exceptional.

Ukraine’s State Regulation of the Economic Development of Territories in the Context of Budgetary Decentralisation

Abstract The paper presents the theoretical and methodological foundations of Ukraine’s state legislation regulating the economic development of territories, in the context of budget decentralization. The study also describes the transformation of the public administration system necessitated by the above-mentioned phenomenon. The authors discuss the basic methods by which the state can regulate the activity of local self-government bodies: the legislative regulation, where the intervention of public authorities is minimized, and the administrative regulation, which provides rules and instructions which determine the relations between central and local authorities. The authors conduct and describe a methodologically consistent, systematic analysis of state regulations which support the local self-governments’ activity. The paper also discusses the recent economic changes in Ukraine which demonstrate that the reform of the local self-government system and the decentralization of authority entail both prospects and problems for the country’s development. As might be expected, the authors focus particularly on those problems that have not been solved yet. Additionally, statistical estimations of the phenomena relating to the process of producing state legislation regulating the economic development of territories in the context of budgetary decentralization have been provided. The authors conclude that a successful territorial development strategy requires a joint transformation of the way of the society’s thinking and the modernisation of both the Ukrainian business and the state.

Organizational and organizational and legal activities of local governments in the implementation of free legal aid

The article examines the theoretical and praxeological issues of organizational and organizational and legal activities of localgovernments in the implementation of free legal aid.It is proved that the most important teleology of local self-government and local self-government bodies formed by the territorialcommunity as a result of democratic procedures and appointments is the realization of constitutional rights, freedoms and responsibi -lities of man and citizen, because local self-government and territorial community-legal status of a person, – therefore, given the ratherhigh potential of their legal “content”, the provision of free primary legal aid within the territorial community and at the level of localself-government is an important, timely and effective factor of local development.It is argued that the implementation of organizational and organizational and legal activities of local governments to provide legalassistance in the local community is an objective and important area of support and implementation of constitutional and legislativeguidelines for such assistance.It is argued that exercising their own (self-governing) competences to provide legal assistance, local governments through thepractical implementation of organizational and organizational-legal activities in the relevant field actually form a local system of suchlegal assistance, in its contextualization as an important segment of local protection. human and civil rights and freedoms within theterritorial community.The author believes that the amount of competence rights granted to local governments to organize free primary legal aid at thelocal level of society within the territorial community – through the construction of an effective and efficient local system of such assistance,has a high organizational, praxeological, normative, normative design. and methodological potential. This conclusion is substantiatedby the fact that such multifactorial potential is not only sufficient and optimal for the members of the territorial community toexercise their constitutional rights and freedoms, fulfill their constitutional duties – in practice it transforms the local self-governmentand authoritative socially responsible and socially legitimate entity. which can really represent, reflect, moderate (in the context of mo -ni toring), protect and guarantee the realization of the rights, freedoms and responsibilities of residents of territorial community members.The implementation of organizational activities of local self-government bodies for the implementation of legal aid in territorialcommunity is not provided by current legislation, it logically follows from the understanding and interpretation of their competence inthe relevant field; implementation of organizational and legal activities of local self-government bodies on the implementation of legalaid in territorial community is regulated by current legislation, as well as regulations and documents developed and adopted by localself-government bodies within the framework of local rule-making.

ПРОБЛЕМИ ЗАКОНОДАВЧОГО ВИЗНАЧЕННЯ ЮРИДИЧНОЇ КАТЕГОРІЇ «ПИТАННЯ МІСЦЕВОГО ЗНАЧЕННЯ» В КОНТЕКСТІ МУНІЦИПАЛЬНОЇ РЕФОРМИ В УКРАЇНІ

У статті аналізуються нормативно-правові основи і теоретичні підходи до розгляду юридичної ка-тегорії «питання місцевого значення». Встановлено, що найважливішим напрямом удосконалення системи місцевого самоврядування в Україні має бути чітке те-оретико-правове обґрунтування юридичної категорії «питання місцевого значення», що враховує конститу-ційний принцип самостійності вирішення населенням питань місцевого значення та виключає можливість некоректного визначення і неефективної реалізації повноважень органів місцевого самоврядування. Дове-дено, що взаємозв’язок теоретичних проблем тракту-вання юридичної категорії «питання місцевого значен-ня» і повноважень органів місцевого самоврядування створює практичні труднощі для ефективних меха-нізмів участі громадськості у виробленні органами місцевого самоврядування важливих управлінських рішень, зокрема і з питань визначення стратегії роз-витку територіальної громади, затвердження статутів територіальних громад тощо. Запропоновано визначи-ти питання місцевого значення як частину публічних справ, здійснення яких спрямоване на безпосереднє забезпечення життєдіяльності населення на терито-рії відповідної територіальної громади. Ці справи ма-ють виконуватися населенням безпосередньо і (або) через виборні та інші органи місцевого самоврядуван-ня. Зроблено висновки про можливість застосування низки теоретичних підходів до осмислення питань міс-цевого значення як складової частини інституту міс-цевого самоврядування. Це надасть можливість більш ефективно та системно реалізувати головне завдання муніципальної реформи – визначення питань місце-вого значення, від змісту яких залежить безпосереднє забезпечення життєдіяльності населення територіаль-ної громади, зміст діяльності органів місцевого само-врядування, склад комунальної власності, обсяг видат-ків з місцевих бюджетів, джерела доходів місцевих бюджетів.

Development trends of local taxes in the system of local budgets in Ukraine

Effective system of local self-government is a key to the successful development of a democratic state. It should be aimed at ensuring the effective performance of functions by the authorities, creating environment for obtaining quality services by citizens, and introducing and expanding the system of local taxes.Local taxes make the financial basis for the activities of local self-government bodies. However, nowadays, the lack of their volume and revenue instability are considered as a matter of national concern. Funding of state delegated powers, which is mainly due to transfer payments, is characterized by the delayed receipt of revenues and the lack of revenue in terms of targets, thereby creating problems with financing from local budgets.The article investigates the essentials of local taxation in the system of local budgets in Ukraine. It also summarizes methodological approaches to determining the nature of local taxes, clarifies their fiscal role in the local tax system and local budgets, and analyzes the existing practice of formation and implementation of local taxes in local budget revenues. Besides, prospective lines of improvement of the local taxation system are investigated and recommendations for its development are elaborated. Also, the subject to reform of the system of tax and budgetary relations was substantiated; changes in some administration mechanisms, the list expansion due to environmental fees and strengthened control over the unshadowing of small and medium businesses were offered.

The development of legol principles of financial activity of local self-government bodies in the conditions of decentralization of power in Ukraine

Introduction. The urgency of the problem of decentralization of power in Ukraine is caused by a number of legal, political and economic problems that need to be solved in the state in the current difficult conditions of its development. The heated discussions on changes to the legislation of Ukraine, including its Basic Law – the Constitution of Ukraine, primarily relate to the redistribution of powers between state authorities and local self-government bodies, determination and consolidation in the legislation of the optimal model of organization of power in Ukraine on the basis of its decentralization. The aim of the article. To analyze actual legal and theoretical problems of financial activity of local self-government bodies in the conditions of decentralization of power in Ukraine. Results. The article is devoted to the analysis of current legal and theoretical problems related to the process of decentralization of power in Ukraine. The peculiarities of legal regulation of financial activity of local self-government bodies, in particular the budgetary sphere, under conditions of decentralization of power are considered. The scientific analysis of some theoretical issues is carried out, the solution of which is connected with the improvement of the legislation of Ukraine, which regulates the specified sphere of relations. At the present stage, the legal regulation of the financial activity of local governments largely determines the effectiveness of their activity as a whole and the efficiency of the process of decentralization of power in Ukraine. And it must solve one of the main tasks – to ensure the optimal combination of the realization of the interests of the population of a particular territory and national interests. Decentralization of power, creation of united territorial communities relied on strengthening the financial base of local governments during 2014–2018. Therefore, it is extremely dangerous to reduce local budgets subsidies for 2020, as this will hinder budgetary decentralization in Ukraine. The process of budgetary decentralization should include the liberalization and improvement of intergovernmental budgetary relations, taking into account the quantitative and qualitative indicators of the respective territory. Therefore, it is necessary to pay attention to the terms “region” and “regional self-government”. Conclusions. Considering the term “region” as a complex structural entity, regional self-government can be considered as self-organization of citizens within a specific territorial sociality, economic structure with its characteristic functions. Equally important is ensuring a change in fiscal discipline in the context of strengthening the financial framework of local self-government in the process of decentralization of power. In today's context, the social focus of local budgets is also of particular importance. The role of reserve funds, which must necessarily be formed at the local level, to finance unforeseen measures, which must be secured at the legislative level, is growing.

MECHANISMS OF IMPLEMENTATION OF THE STATE-PUBLIC MODEL OF EDUCATION MANAGEMENT IN THE ACTIVITIES OF LOCAL GOVERNMENT BODIES

The article considers the mechanisms of introduction of the model of management in the activity of local self-government bodies. It is proved that management needs constant improvement and modernization, and decentralization, democratization, formation of civil society as processes of the country's development put on the agenda the formation and development of model of management, mechanisms of its implementation in local government. The necessity of formation of theoretical and methodological bases of research of the role of local self-government bodies in the model of management in Ukraine, study of foreign experience of participation of local communities in solving educational problems, definition of new approaches to management of all educational activity, especially at local level conditions under which the activities of local governments in implementing a new model of management will be effective. The concept of state-public management of education as a type of interaction between the state and society, the process of combining the activities of the state and community. The purpose of management is defined - satisfaction of educational needs and realization of the right to access to quality education. Foreign and domestic experience of management at the regional level is analyzed. It was found that today local governments have some positive experience in involving the public, holding consultations, establishing collegial bodies at local councils, holding public discussions and general meetings. It is proved that management in most foreign countries (Great Britain, Latvia, Germany, Poland, USA, Finland, France) is carried out in compliance with the principle of decentralization with the transfer of most state functions to local governments, NGOs and the private sector. Key words: education, management of education, quality of education, local self-government. decentralization of management.

Legal status of local governments as subjects of administrative and legal relations

This article is devoted to the study of the legal status of local governments, which act as subjects of administrative and legal relations. In the process of studying the legal status of local governments as subjects of administrative and legal relations, the author reveals the concepts, functions, powers and features of the legal status of local governments and ways to improve the local government as a whole, given the positive experience of the European Union. The article highlights legal framework which serves as a regulator of local government at the national level. In general, the main document on which local self-government is based is the Constitution of Ukraine, in which a separate section on local self-government reveals issues related to the specific application of the principles of local self-government in Ukraine. The next, no less important in the field of local government regulation in Ukraine, are special laws, namely the Law of Ukraine "On Local SelfGovernment in Ukraine" and the Law of Ukraine "On the Status of Deputies of Local Councils". The first law covers and characterizes the system in which local self-government operates in Ukraine, and the second covers the limits of the deputy's activity and its legal status. It is worth mentioning a number of regulations governing certain areas of local government. These include: the Law of Ukraine "About Access to Public Information"; Law of Ukraine "About the open use of public funds"; Law of Ukraine "About Regulation of Urban Development"; Law of Ukraine "About Principles of State Regulatory Policy in the Sphere of Economic Activity"; Law of Ukraine "About improvement of settlements"; Budget Code of Ukraine. According to the study, an analysis of the current state of local self-government in Ukraine was conducted. In particular, some problematic issues related to the sphere of activity of local selfgovernment bodies, which need to be resolved immediately, have been identified. Based on the study of the legal status of local governments and analysis of interaction problems between public authorities and local governments in the European Union, the author proposed ways to further improve the interaction of local governments and local governments of Ukraine.

CONSTITUTIONAL CHANGES IN UKRAINE IN SHERE OF DECENTRALIZATION: DO WE NEED THE FRENCH EXPERIENCE?

The experience of the French Republic in the sphere of state construction has influenced significantly on the development of state and municipal institutions of the independent Ukrainian state. It was in 1996 when the Constitution of Ukraine accepted the French municipal governmental form as a mixed (presidential-parliamentary) republic. The existing system of regional governance in Ukraine largely calqued the French model of regional governance. Of course, it can`t be insisted that Ukraine has borrowed fully the model of cooperation between local authorities and state authorities, but we can undoubtedly see many features in common. Mention should be made that the process of decentralization and municipal reforms is being continuing both in Ukraine and France. We consider it to be a natural process of searching of an optimal and effective model of regional governance, the purpose of which is to find a harmonious balance between the local self-government and public administration. Therefore, we find it important to investigate and analyze the evolution of the formation and development of local self-government institutions in Ukraine and France in the context of decentralization reform and municipal reforming. France has gone a long way of searching an effective model of regional governance, where powerful and effective local self-government occupies a key position today. Systemic and comprehensive reforms in France in this sphere are characterized by logical changes and understandable reform paradigm - from centralization of power to its decentralization (after the reform of 1982). In Ukraine, on the contrary, there doesn`t exist a systematic approach and there are no strategic approaches to understanding the algorithm for the implementation of decentralization processes and the reformation of the local- government system. Therefore, in this context, the positive experience of France should be taken into account in Ukraine on its the way towards self- government decentralization and implementation of the municipal reform in order to become a reliable foundation for the development of a democratic and legal Ukrainian state. France has a considerable experience in the activities of prefects as state representatives in regions, while the legal status of the prefect has changed significantly since the reform of 1982. The introduction of the institution of prefects in the constitutional field of Ukraine has a lot of nuances, taking into account the concern regarding the establishment of possible total control over the activity of local self-government bodies and officials.

Територіальна громада як юридична особа публічного права: розвиток доктрини й законодавства в Україні та за кордоном

In the modern Ukrainian legal literature there is a lack of thorough research on the functioning of the territorial community as a legal entity under public law. The purpose of the article is to analyze the doctrinal sources and legislative principles of determining the territorial community as a legal entity of public law. This involves the following tasks: determining the specifics of the legal status of the territorial community as a legal entity under public law, a subject of civil and municipal relations; delineation of the scope of its powers; substantiation of the need for formation, implementation and protection of public local interests, implementation of relevant functions by the territorial community. Methodology. Methodological tools are selected in accordance with the stated purpose, specifics of the object and subject of research. The application of scientific tools was based on system-structural and interdisciplinary analysis. General scientific methods were used, first of all, the dialectical method of scientific knowledge of real phenomena, as well as during the study of the activity of local self-government bodies in Ukraine. Special methods were also used: system analysis; system-structural – to establish the content of the studied categories and legal phenomena, the formation of the conceptual-categorical apparatus; comparative law – for a comparative analysis of the legislation of different countries on the establishment and operation of legal entities under public law; methods of induction, abstraction and formal logic – to summarize the proposals and conclusions regarding the improvement of the domestic legal framework governing the creation and operation of legal entities under public law. The scientific novelty is to improve the definition of the meaning of the term “territorial community as a legal entity under public law”. It is proved that the realization of the right of local residents to self-organization and self-government, protection of legitimate interests of members of territorial communities through creation, management, strategic development of “territorial corporation” – territorial community – requires improvement of legislation, including rights and responsibilities of territorial communities. institutions. It is proposed to change the relations between territorial communities (residents) and central, other authorities, as well as to create a full-fledged legal entity of public law – territorial community, change the budget and tax policy of the state, to implement real decentralization (legal, financial, material, organizational and administrative). interests of local residents. Conclusions. The article provides a comparative legal analysis of the legislation of Ukraine and some foreign countries governing the establishment and operation of a legal entity under public law – “territorial corporation” (territorial community). It was found that the legislation of Ukraine differs from the legislation of most European countries. Legal entities of public law in Ukraine are created and operate in the manner prescribed by civil law, in contrast to some European countries, where “territorial collectives” are constitutional persons of public law and operate within public rather than private law. Some norms of the current legislation, according to which local self-government bodies are legal entities in accordance with the civil legislation, seem to be imperfect. Instead, it is advisable to consolidate the status of territorial communities as legal entities under public law

STATUS OF THE STATE THEORY OF LOCAL SELF-GOVERNMENT IN THE WORLD DOCTRINE OF MUNICIPAL LAW

Representatives of the “free community” theory were among the first to draw attention to the issues of local self-government. In the early nineteenth century. Treasury, ie government officials, was responsible for the affairs and property of the communities. As a result, the community economy has been virtually destroyed to nothing. Therefore, there is a need for scientific substantiation of the need to limit the intervention of central executive bodies in the public system of the economy. This task was intended to be solved by the theory of “free community”, which argued that the right of the community to settle its affairs has the same inalienable character as human rights and freedoms since the community has historically emerged before a state that should respect the freedom of public administration. At the same time, the idea of the inalienability of community rights was sufficiently vulnerable, because, on the one hand, to justify the inalienability of the rights of large territorial self-governing units (departments, provinces, lands, or regions) created by the state was rather difficult and, on the other, to deny them. other types of self-government, except for small rural and urban communities, was rather strange because it did not correspond to the real state of affairs. That is why the social theory of self-government is beginning to emerge, which, as characteristic features of local self-government, has advanced the non-state and usually economic nature of the activity of local self-government bodies. However, the practice has proved that self-government bodies exercise not only private-legal but also public functions, that is, those that are inherent to public authorities, which derive their powers from the state. In addition, the impossibility of clearly separating community affairs from state affairs entrusted to the community was clarified. That is why the state theory of self-government arises. The basic principle of all legal theories was the recognition of the community, county, city, province, in general, any self-governing local union, as a body of public law. At the same time, all representatives of legal theories recognized that the competence of local self-government bodies is not their independent function, it is a state function, that is, transferred by the state to be performed by independent local communities. Therefore, all cases that are administered by local governments are state affairs. The state government itself sets the limits of its competence, entrusting part of its affairs to local self-governing communities and recognizing them as independent public-law corporations. Local self-government bodies, although performing public duties, are not bodies of the state but of independent self-governing unions of communities, possessing the will and independence of the state and independent entities of public law, independent of the will of the state power, because the power itself wants to make them legally independent. Keywords: local self-government; state theory of local self-government; the theory of «free community»; public theory of self-government.