Administrative-territorial Structure Research Articles

KHANTY-MANSI AUTONOMOUS DISTRICT ON THE EVE OF THE GREAT PATRIOTIC WAR: THE ROLE AND SIGNIFICANCE OF THE DEPORTED POPULATION IN THE DEVELOPMENT OF THE REGION

The article reflects the stages of evolvement, formation and evolution of the administrative-territorial structure of Ostyak-Vogul, later Khanty-Mansi, national district in the 1930s – early 1941, it provides information about the deportation of the population to this district in the first decade of its existence, considers the impact of the deported population on the political situation in the district on the eve of the Great Patriotic War, as well as on its economic condition and national economy, education and culture. The relevance of the stated topic is noted. The article shows a significant influence of the deported population on the national economy in the district at the beginning of the war. There are also some memoirs of the deportees, the content and nature of the articles of the district newspaper immediately before the war and in its early days are analyzed. It is noted that the deported population made a significant contribution to the victory in the Great Patriotic War. The article presents the working and living conditions, the daily life of the deported population.

Формирование населения и динамика развития российского Севера в 1920-е гг.

Based on the analysis of All-Union Population Census of 1926 and a wide range of general and regional scientific research, the author studies the processes of demographic and economic development of territories located in the Russian North and conventionally designated by the author as regions of Euro-pean, Ural, Siberian and Far Eastern North. The paper identifies key trends and features of Northern re-gions' development in the 1920s, caused by the first Soviet reforms of the administrative-territorial struc-ture of the country, economic development and national state policy, which had an impact on the demo-graphic processes in the regions including population size, its composition and settlement structure. It is found that the economic development was the most active in the bordering areas, where intensive development of industry and transportation implied the need to strengthen national defense and expand trade and economic ties. This mainly concerned the regions of the European and Far Eastern North. The regions that were rich in natural resources, especially gold deposits, such as Yakutia, also developed more actively. Other regions of Ural and Siberian North developed in a more traditional way, based on growth of wood harvesting and fishing industry. Improving of living conditions of the indigenous peoples of the North, material support for their farms, medical care and legal assistance, introduction of education among the population in the 1920s had a positive impact on the economic and demographic development of the indigenous population.

ОЦІНКА ТА АНАЛІЗ БЮДЖЕТНОЇ ДЕЦЕНТРАЛІЗАЦІЇ В УКРАЇНІ

European and world experience testifies that the major element of reform of decentralization in Ukraine is reformation of local selfgovernment, creation of capable territorial communities, that must be able to satisfy the necessities related to the vital functions of habitants of settlements, and also properly to provide realization of their rights. The input of new mechanism of the budgetary adjusting changed the system of total balancing of all local budgets on the horizontal smoothing of taxability of territories depending on the level of receivabless on one habitant. The significant amount of budgetary facilities remains in the complete order of local authorities. Reform of interbudgetary relations stimulates territorial communities more effective to fill the estimates, become self-sufficient and carefully plan the charges. The local government independently decides on which needs spend budgetary funds, which is especially important for the development of united territorial communities. The article examines the essence of budget decentralization, its role and place in the development of united territorial communities. An assessment and analysis of budgetary decentralization in Ukraine has been carried out. The features of the introduction of budgetary decentralization in Ukraine are investigated, the main factors influencing the income and expenditures of local budgets are determined. Implementation of the decentralization reform, which has been ongoing in Ukraine for six years, includes a set of sectoral reforms, in particular, the reform of the administrative-territorial structure and the system of local self-government, and See also fiscal legislation. One of the key objectives of the reform is the voluntary unification of territorial communities and the formation of capable administrative-territorial units of the basic level. Thanks to the introduction of inter-municipal cooperation, the communities were able to consolidate their efforts and to implement common projects. In particular, 1354 territorial communities have signed 604 cooperation agreements. That is, the process of decentralization continues, they believed in it, and the resistance of opponents is being overcome. First, the reform of financial decentralization, local budget revenues show positive dynamics: in 2014 their volume was UAH 80.2 billion, then over six years, own revenues to the general fund of local budgets has increased by UAH 209.9 billion. and represented in 2020 UAH 290.1 billion. Total receipts from the general and special funds for this period increased by UAH 210.2 billion. This is a real instrument of influence on the achievement of results and responsibility for the trust of communities. The basis for the growth of revenues of local budgets was laid thanks to the changes adopted in 2015 to the Budget and Tax Codes of Ukraine regarding the transfer of additional budgetary powers to local governments and the consolidation of stable sources of income for their implementation. Financial decentralization in Ukraine has significantly accelerated the dynamics of investment activity. An important positive result of the reform of interbudgetary relations is the annual increase in investment resources of local budgets. After a sharp decline in investment activity in 2014, the volume of capital investments amounted to UAH 5.9 billion, while in 2020 their volume amounted to UAH 43.6 billion. On the average capital investments from local budgets in Ukraine for the years under study has increased by UAH 33.4 billion, the capital investment growth index was 7.39. Further implementation of the reform of budgetary decentralization and ensuring the effectiveness of the mechanism of budgetary regulation of socio-economic development requires expanding the rights of local authorities, strengthening their budgetary independence and determining their responsibility.

Legal culture as an element of management activity in local government bodies in Ukraine

The article examines the legal culture as a necessary element in the management activities carried out by local governments in Ukraine. The author analyzes the initiatives, preconditions and approaches to the proper use of legal culture in the activities of local governments, their impact on the legal culture of society, as well as the degree and quality of services guaranteed by fundamental human rights and freedoms by the state. The author analyzes the concept of legal culture in relation to its practical application in the management of local self-government in terms of efficiency and use of opportunities for the development of territorial communities. It also emphasizes the new disposition of local self-government, when as a result of reforming the administrative-territorial structure of Ukraine, new territorial communities were formed, thus forming the basis of a new subregional level – new united districts; accordingly, the new territorial communities were given powers that were previously exercised by a network of local executive offices, and most importantly - their own financial and land resources. The author draws attention to the successful technical implementation of local government reform, and at the same time increasing the role of the value system in local self-government, in particular raising the level of legal culture and legal awareness in communities and in modern society as a whole. Thus, according to the author of the article, it is based on the results of the formation of local authorities that the local elite is formed, which should contribute in every way to raising the legal culture and legal awareness of the population. The author of the article substantially studies the modern theoretical origins of legal culture from its philosophical and legal characteristics to the legal culture of municipal management as a specific type of management culture in the legal culture of society, the value of legal culture in relation to society (or its parts) to management or management personnel. The author also draws attention to the processes that take place depending on the level of legal culture and notes the views of other researchers of legal culture on the construction of possible internal confrontations among local elites. In the conclusions, the author notes that the value of legal culture lies in certain modern methodological standards that should be introduced in such public authorities as local government, thus disseminating successful international practices, values and institutional experience. Keywords: legal culture, legal culture of society, local governments, territorial communities, management activities

Selected legal problems of the participation of local organizations of political parties in the formation of election commissions in the local elections-2020

The article describes and analyzes the problem of determining the legal personality of local organizations of political partiesregarding the submission of candidates to the territorial and precinct election commissions for local elections taking into accountchanges in the administrative-territorial structure of Ukraine, due to the elimination of old and the creation of new districts throughoutUkraine by the Verkhovna Rada of Ukraine and the determination of territories and administrative centers of territorial communities bythe Cabinet of Ministers of Ukraine, the legislative regulation of the relevant issues is analyzed and its gaps are identified, the actionsand decisions of the Central Election Commission to overcome this problem and ensure the established principles and foundations ofthe electoral process are characterized. Attention is focused on the fact that that the right of local organizations of political parties toparticipate in the formation of election commissions for local elections as one of the important legal guarantees for holding fair electionsshould be clearly and fully regulated at the legislative level and cannot depend on changes in the administrative-territorial structure,and the CEC’s explanations should be in the nature of additions and clarifications to the provisions of the law.It is concluded that сhanges in the administrative-territorial structure before local elections should be carried out taking intoaccount the need to provide sufficient time for political parties to bring their territorial hit in line with these changes or at the same timewith such changes to clearly provide for parties that were formed before the implementation of these changes to participate in theformation of election commissions under the new administrative-territorial system. It is proposed to consider the possibility of legislativeprovision of the right of political parties to promptly decide on changes in the structure of their territorial organizations in case ofchanges in the administrative-territorial structure, which would take effect from their adoption, what will help to implement them effectively.

МОЖЛИВОСТІ ДІДЖИТАЛІЗАЦІЇ ТЕРИТОРІАЛЬНИХ ГРОМАД І СМАРТ-СПЕЦІАЛІЗАЦІЇ ЇХ РОЗВИТКУ В УМОВАХ РЕФОРМИ ДЕЦЕНТРАЛІЗАЦІЇ В УКРАЇНІ

The directions, levers of expansion of digitalization of spheres of activity of territorial communities and local self-government bodies in Ukraine, which in the conditions of reforms of decentralization and administrative-territorial system received a considerable volume of powers, considering available technological, institutional, financial preconditions, are investigated. The experience of local self-government bodies in expanding the range of application of digitalization of territorial communities for their smart specialization and finding sources of funding for digital infrastructure development projects is studied. Thus, a significant proportion of them plan to create e-registers of their resources (human (demographic), natural, land, real estate, business, recreational and tourist, etc.) for a number of reasons: i) as a result of administrative reform (consolidation of the district network) there is a need for redistribution between district councils of reorganized districts (490 units before) and consolidated newly created ones (136 units now); ii) decentralization reform continues with the redistribution of powers between local executive bodies and district councils and between them and the united territorial communities in the newly created districts; iii) the process of transformation of project territorial communities (1473 units) into united territorial communities by creating new ones or joining existing united territorial communities is still underway; iv) powers are redistributed between the new bodies of local self-government and territorial subdivisions of the central bodies of executive power within the framework of their transformation into bodies according to the type of prefectures (for control of observance of the legislation). Difficulties of succession of legal entities with the transfer of property, land exist due to the fact that new self-government bodies were created after the local elections of October 25, 2020, and legislation on succession has not been adopted (exists in the status of the draft Law of Ukraine), while changes to the Budget Code of Ukraine with the new administrative-territorial structure of Ukraine and the formation of new subjects of power at the level of united territorial communities have been introduced by law. The digitalization of the territorial communities is also particularly important during the COVID-19 pandemic, when sectors that meet the basic needs of modern man are moving online, minimizing the need to leave home to live, do business and be productive.

“Statute on Siberian provincial administration” of 1822: the first experience of codification by Michael Speransky

The subject. The article examines the reform of local government in Siberia carried out by the outstanding Russian statesman and reformer M.M. Speransky in the first quarter of the 19th century. The purpose of the article is to confirm or disprove the hypothesis that the “Statute on Siberian provincial administration” of 1822 formed the organizational structure of state administration in Siberia for almost a century as well as basis for future codifications of Russian legislation that would carry out by M. Speransky. The methodological basis of the research is combination of objectivity, historicism and alternativeness, which presuppose an unbiased approach in the analysis of the historical problems and a critical attitude towards the sources. The main results, scope of application. The “Statute on Siberian provincial administration” of 1822 was the first systematization of local legislation in the history of Russia. The Statute became the first practical experience in the preparation of a code of laws for M.M. Speransky and his collaborators. The Statute was ahead of the subsequent imperial codification and incorporation of legislation carried out under his leadership. The Speransky’s reform in Siberia in 1822 determined the foundations of the administrative-territorial structure of the Trans-Ural region of the country, which corresponded to the needs of the time. The Statute of 1822 also legitimized the volost public administration of the Siberian state peasants, which was organized in the last quarter of the 18th century. This system of administration put the peasant self-government under more strict control by the district police authorities. Particular attention in the article is paid to the structure, nature and organizational and legal issues of the activities of local government in Siberia. Conclusions. The increased interest in the establishment and development of Siberian regional governance is associated not only with the desire of researchers to look deeper into the past, but also with practical needs. Today it is necessary to research the events and facts of the Siberian past in a new way so as not to repeat old myths and delusions and to prevent the emergence of new ones.

Modeling of infrastructure development indicators of amalgamated territorial communities’ natural and economic systems

Relevance of the research topic. The urgency of the study is due to the fact that the implementation of sustainable development goals adapted to national conditions, ensuring the practical transition of the country and its regions to the model of sustainable development requires the use of all opportunities and resources, improving the natural resource and socio-economic potential public policy. Such tasks are at the present stage of reforming the administrative-territorial structure of the country. Formulation of the problem. One of the main tasks of administrative-territorial reform is to reformat the relations and powers between administrative-territorial units, create amalgamated territorial communities (ATC) and give them expanded rights to manage their own sustainable development. Therefore, there is a need for methodological justification of the process and conditions for the most effective use of natural resources and socio-economic potential of the territories as a basis for their balanced development. Analysis of recent research and publications. Modern aspects of solving the problems of decentralization and reforming the administrative-territorial system in the country are such scientists as Pavlyuk A.P., Oliynyk D.I., Batalov O.A., Datsko O.I., Murkovych L.L., Molodozhen Yu.B. etc. [1-4]. The results of our own research on the problem are given in [5-11]. Selection of unexplored parts of the general problem. As there is inequality in the provision of basic conditions, which include the availability of natural resources, demographic situation, socio-economic potential, the problem of developing systemic mechanisms to promote the creation of financially viable and self-sufficient communities and their infrastructure as a basis for sustainable development of the territory and the country as a whole. Problem statement, research goals. The above circumstances determine the feasibility of determining the levers and mechanisms for sustainable infrastructure development of the amalgamated territorial communities. Method and methodology of research. In the process of conducting research, general scientific (analysis and synthesis, induction and deduction, analytical grouping) and special (abstraction, modeling, etc.) methods of studying economic phenomena and processes were used. Presentation of the main material. The study of the dynamics of state support for infrastructural development of OTG, development expenditures (capital expenditures) and the effectiveness of the current mechanism for calculating the infrastructure subvention on the example of Zaporizhzhya region was conducted. There is a relationship between the volume of infrastructure subvention and development expenditures (capital expenditures). It is established that the current mechanism for determining the size of the infrastructure subvention, when it is determined depending on the size of the rural population and the area of UTC is ineffective. It is proved that it is necessary to assess the parameters of sustainable development of UTC not only by traditional components, which are economic, environmental and social, but also by the infrastructural component. For this purpose, an integrated indicator of sustainable infrastructural development of each individual UTC, district or region is proposed, which would allow comparing UTC indicators not only within the district or region, but also between regions of Ukraine. The integrated indicator for assessing the level of infrastructural sustainable development takes into account two components: external influence in the form of infrastructure subvention and internal opportunities of UTC in the form of development expenditures. In turn, the size of the state infrastructure subvention in accordance with the current procedure is determined by the area of UTC and the rural population, but in the proposed model it is advisable to recalculate not the rural population (as it is provided), but the total population of UTC in accordance with actual spending. The apparatus of fuzzy set theory was used to estimate the integrated indicator of the sustainability of infrastructural development. A comparison of indicators of infrastructural development of UTC of Zaporizhzhya region during 2016 - 2018 (unclear values of indicators which showed that by increasing the level of self-sufficiency and break-even OTG can increase the level of sustainability of infrastructural development. The use of own funds in the form of capital expenditures increases efficiency).

WHERE IS REGIONALISM DISAPPEARING? COMPARATIVE ANALYSIS OF REGIONALIST MOVEMENT TRANSFORMATION IN THE COUNTRIES OF CENTRAL EASTERN EUROPE

The study of regionalism has been, perhaps, one of the trends in the world political science for more than half a century. At the same time, the main attention of researchers is attracted by cases of “successful” regionalism (for example, in Spain or Great Britain), while “unsuccessful” (in electoral terms) regionalisms remain without proper analysis. The purpose of this study was to identify the main factors contributing to the decline of the regionalism. Based on the materials of three regionalisms in Central Eastern Europe (Somogy, Moravia and South Slovakia), these factors were identified. As a research method, a small-N qualitative comparison was used. The study identified three groups of factors that can potentially influence the success of the regionalist movement: factors associated with the activity of regionalist actors, institutional factors and factors of regional identity. Each of these factors, directly and in combination with others, can affect the success of the regionalist movement. Thus, for Moravian regionalism, the decisive factors of decline were the organizational weakness of the regionalist party combined with the decline of regional identity; for regionalism in Somogy, the fatal reform of the administrative-territorial structure of Hungary, depriving the regions of any autonomy and real power, and Hungarian regionalism in Slovakia, deprived institutional and organizational privileges, has lost its electoral significance. In general, the decline of the regionalist movement in this context only in one case out of three led to the disappearance of the regionalist movement itself, in two cases it was successfully transformed into other organizational forms. Thus, the study identifies the main factors of the decline of regionalism and identifies possible models of its transformation.

The Subsidiarity Principle and Legal and Economic Aspects of The Decentralization in Ukraine

The research highlights the peculiarities of the decentralization of power in Ukraine in the political and legal implementation aspect of the principle of subsidiarity. The objective of the study was to determine compliance with the political and legal aspects of the decentralization process in Ukraine based on global standards of the use of the principle of subsidiarity, during the implementation of decentralization reform. The research methodology is because the principle of subsidiarity is the main feature of the interaction of all levels of power. This premise is recognized in the European Charter of Local Self-Government and therefore means an urgent task in modern Ukraine. Financial decentralization, district consolidation, the creation of different but united territorial communities, changes in the administrative-territorial structure, ensuring the capacities of communities, the provision of public services in accordance with national standards must be based on the principle of subsidiarity. The information gathered makes it possible to conclude that the principle of subsidiarity is a barrier to the overly profound centralization of the state body and the separation of power.

REGIONAL SOCIO-ECONOMIC SYSTEMS FUNCTIONING MAIN INDICATORS ASSESSMENT IN THE ASPECT OF TERRITORY DEVELOPMENT STRATEGIES ELABORATION

Ukraine’s administrative-territorial structure reform, which is currently in the active phase of implementation, aims to ensure the decentralization of authority and resources in order to provide local governments with more opportunities in ensuring and improving the level of socio-economic development. But the country’s socio-economic development sustainable level is ensured, first of all, due to the evenly and sustainable development of its regions. The presence of significant disparities in regional development causes an increase in internal migration flows between the territories, contributing to the further deepening of existing problems. In this context, it is important to make programs for regional economic systems strategic development, based on comparative analysis, which will identify key issues of the region not only in comparison with the values of the studied indicators in retrospect, but also in the context of indicators of similar territories. The purpose of the study is to carry out a comparative analysis of the main indicators of the Ukraine’s regional socio-economic systems functioning. In the article carried out the comparative analysis of the main indicators of Ukraine’s regional development and identified the main trends and factors of their dynamics. Substantiated the need for comparative analysis of regional development indicators to identify existing reserves for their improvement and possible ways to use them in the strategic aspect, based on the leading experience of regional socio-economic systems.

The right of access to a court in Ukraine in the light of the requirements of the Convention on Protection human rights and fundamental freedoms

This note considers the national legal provisions that regulate the procedure and features of a person’s appeal to the court to protect their rights. Taking into account the provisions of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) regarding the right to a fair trial and the case-law of the European Court of Human Rights (ECtHR) on its interpretation, key threats to the effective exercise of access to justice in Ukraine have been identified. The problem of the inconsistency of the system of local general courts with the new administrative-territorial structure at the district level is highlighted. It is demonstrated how the lack of clear and understandable criteria for distinguishing the subject matter jurisdiction of cases affects the ensuring of the human right to an effective court. Particular attention is paid to the staffing of the judiciary and the low level of public confidence in the judiciary. The authors have analysed the validity of the application of such procedural restrictions as the court fee for filing a lawsuit and the classification of ‘insignificant cases’, which are impossible to appeal. On this basis, it is concluded that the existence of such restrictions on access to court cannot be considered a violation of the right to a fair trial if such restrictions are justified and proportionate to the lawful purpose of their establishment and do not violate the essence of this right. The features of the introduction in Ukraine of a lawyer’s monopoly on the representation of another person in court, as well as the practice of the ECtHR regarding the possibility of recognising such restrictions as a violation of the right to a fair trial, are analysed. Legislative initiatives to improve the motivation of decisions by the courts are highlighted. It was concluded that the provisions aimed at forming a more responsible attitude of judges to the consideration of cases and making reasoned decisions, as well as solving the problem of excessive load on judges, are a prerequisite for ensuring the right to a fair trial. Keywords: human rights and responsibilities, fair trial, access to justice, case-law of the European Court of Human Rights, procedural restrictions, court jurisdiction, proportionality, legal purpose, court fees, lawyer monopoly.

Digitalization Of The Management System Of Administrative-Territorial Units Of Ukraine

The article is devoted to the theoretical and methodological aspects of the digitalization of the management system of the administrative-territorial units of Ukraine. The authors studied the main problems of the modern administrative-territorial structure of Ukraine and their consequences, the definition and criteria for assigning settlements to the corresponding categories of administrative-territorial units and clearly presented their classification. Analyzed the administrative-territorial reform in Ukraine and assessed its practical implementation. Based on the study, they proposed a mechanism for the digitalization of the management system of administrative-territorial units of Ukraine. They showed, using an example, an assessment of the current state of readiness for digitalization of the system of administrative-territorial units of Ukraine. Further aspects of improvement, the authors highlighted the creation of a roadmap for the digitalization of the management system of administrative-territorial units of Ukraine.

Decentralization of power in Ukraine in the conditions of the COVID-19

Decentralization and coronavirus - these are the two words that have recently been most often used in the information space of Ukraine. Therefore, the relevance of the topic of this article is twofold, as it stems from two current social and political issues addressed in the article - the fight against coronavirus and the fateful reform of decentralization of power for Ukraine. The purpose of the article is an objective analysis of the process of decentralization of power in the face of a serious challenge facing the Ukrainian state due to the coronavirus pandemic. The methodology of historical science is used for this purpose. The study is based on the principles of historicism, objectivity, specificity, systematics; analytical, descriptive methods were used in writing the article. The events of the final stage of the decentralization reform phase (2020) are considered, when the tasks of consolidation of districts, formation of a new administrative-territorial structure of the country, holding elections to new district councils and communities were solved. At the same time, all this was carried out in the context of the economic crisis, the coronavirus pandemic, the decline in the living standards of most people, and the decline in confidence in all branches of government. An important problem of decentralization of power has been the balance of state and regional interests, the establishment of interaction between the central government and local elites, mayors of large cities, whose role has increased due to anti-virus measures. An indicator of this was the successful performance in the local elections of regional parties and personally acting mayors. The novelty of the article is that it first considers the reform of decentralization of public administration in an unprecedented pandemic, which threatened the survival of large masses of people, the economy, the social order of Ukraine. Like most countries in the world.

REFORMING THE ADMINISTRATIVE-TERRITORIAL SYSTEM AS A BASIS FOR SUCCESSFUL DECENTRALIZATION OF POWER: FRENCH AND UKRAINIAN EXPERIENCE

This paper outlines the main approaches of the "decentralization" and "local self-government" concept understanding, it identifies the main features of the Ukrainian administrative-territorial system reform and its problematic aspects. It was found that as a result of the attempt to complete the formation of the UTC, the aspects due to which these territories had previously refused to unite were ignored. Among the key ones: the resistance of local authorities, protection of own interests by local elites, conflict of interests of communities, territorial or resource disparities. These problems have not been resolved and they can significantly impair the further effective operation of the newly established UTCs. That is why this issue is especially relevant today for Ukrainian researchers of public administration. To develop recommendations for a possible solution to these problems, it was proposed to study the experience of EU member states, which are the most relevant group in the process of Ukraine's integration into the EU. In the context of improving the administrative-territorial system, the most interesting for us is the experience of France, which has a similar territory and is a unitary state. We are also interested in the historical experience of decentralization in France due to its historical duration and the thorough approach of the French government to this issue. As a result of the scientific literature analysis, it was found that today there are two main aspects that experience of decentralization in France points to: - support and concentration on the development of small settlements to ensure their further independence – this is the approach of permission; - introduction of supervision and control over local self-government bodies of newly created UTCs through the legislative implementation of the institute of Prefects; The first point will allow developing the most vulnerable areas and solving several problems relevant to Ukraine: excessive urbanization, rural extinction, internal migration, lack of innovation and development in the agricultural industry. The second element will allow in the early stages to identify and solve the manifestations of the problems described above, which are due to the acceleration of the creation of UTC. All the above-mentioned facts demonstrate the continuing need to improve the modern administrative-territorial structure of Ukraine, due to the existing problems in this area and their impact on the prospects for further implementation of the decentralization reform in our country

ДОБРОВІЛЬНЕ ОБЄДНАННЯ ТЕРИРОРІАЛЬНИХ ГРОМАД ТА АДМІНІСТРАТИВНЕ ЗАВЕРШЕННЯ РЕФОРМИ АТУ УКРАЇНИ: ВИРІШЕННЯ ТА ФОРМУВАННЯ ПРОБЛЕМ РОЗВИТКУ

The aim. The article is aimed at revealing the advantages and difficulties of the model of the reform of the administrative-territorial structure implemented in Ukraine and the effectiveness of the formation of the administrative-territorial structure basic level at two key stages of the reform. Methodology. The analysis of the legal framework for the formation of a new basic level of the administrative-territorial structure of Ukraine in terms of determining the configuration of communities is carried out. The main approaches to the formation of territorial communities of the basic level are analyzed. The regions are compared in terms of the formation of small communities in terms of population. The Results. The number and localization of communities with a small number of populations in two different stages of the formation of the basic level of the new administrative-territorial structure of Ukraine has been established. The advantages and disadvantages of the voluntary stage of unification of territorial communities in Ukraine in 2015-2019 have been identified. The conformity to the declared needs of the formation of territorial communities with sufficient development potential at the final administrative stage of the formation of the basic level of the new administrative-territorial structure of Ukraine has been determined. It focuses on the threats to ensuring local development and the accumulation of community development problems as the basis for a new reform of the administrative-territorial structure of Ukraine in the future. The novelty of the research. For the first time, on the basis of analytical studies and statistical data, an assessment of the formation and regional distribution of small in terms of population territorial communities of the basic level, which were formed after the administrative stage of the reform of the administrative-territorial structure of Ukraine, was carried out. The practical significance. The studies carried out made it possible to analyze, compare and evaluate the effectiveness of two key stages of the reform of the administrative-territorial structure of Ukraine in terms of the formation of territorial communities with limited demographic development potential. The question was raised about the need to resolve the shortcomings of the formation of the basic level of the administrative-territorial structure of Ukraine in the future.

ВПЛИВ ФІНАНСОВОЇ ДЕЦЕНТРАЛІЗАЦІЇ НА ІНВЕСТИЦІЙНІ ПРОЦЕСИ В ДНІПРОПЕТРОВСЬКОМУ РЕГІОНІ

Against the background of global transformations and imperatives, it has been considered that countries need to find and form effective public administration strategies. In these circumstances, Ukraine is reforming decentralization in order to optimize the activities of the state apparatus through changes in the administrative-territorial structure and redistribution of powers between central and local authorities. The main tasks for the government are to find effective mechanisms for decentralization strategy and assess their impact on the development of individual territories within the country. The impact of financial decentralization on investment processes in the Dnipropetrovsk region has been analyzed in this article. The stages of decentralization in Ukraine have been considered and the main achievements and tasks of each of them have been highlighted. The regulatory framework, which is the foundation of decentralization reforms in Ukraine, has been described. Indicators of development of united territorial communities (UTC) in Dnipropetrovsk region and Ukraine on the basis of comparative analysis have been considered. Conclusions are made about the leadership of the Dnipropetrovsk region from the results of reforms. The dynamics of revenues and expenditures of local budgets of the Dnipropetrovsk region for the period 2014-2019, as well as the change in the amount of funds by accounts have been analyzed. It has been concluded that there is a surplus and budget deficit in the specified period. The dynamics of capital investments of the Dnipropetrovsk region for the period 2014-2019 has been given and the structure of their financing at the expense of the state and local budgets has been analyzed. Conclusions are made regarding the positive impact of financial decentralization on investment processes in the Dnipropetrovsk region. According to the analysis of financial decentralization of the Dnipropetrovsk region, the reforms led to an increase in local budgets and capital investments, an increase in the share of capital investment financing from the state and local budgets, and led the region to leadership in a number of UTC indicators. Thus, it can be argued that decentralization has had a positive impact on the Dnipropetrovsk region and contributed to the strengthening of its socio-economic processes and investment activity.

ІСТОРІЯ ФОРМУВАННЯ НОТАРІАЛЬНИХ ОКРУГІВ У НЕЗАЛЕЖНІЙ УКРАЇНІ

The article covers the history of the notarial districts formation in Ukraine. The subject matter of the study is the retrospective of notarial districts formation in Ukraine as well as the development of the grounded proposals for respective legislation improvement. The methodological basis of the study were general scientific (analysis, comparison and modelling) and special (formal and logical) methods of cognition. The notary territorial competence influence on the formation of notarial districts is considered. The author has proved that the notary territorial competence in the context of national legislation is understood as the basis for the notary districts formation. The research suggests the analysis of 4 stages of notary formation and development in Ukraine: early years of independence, establishment of the maximum number of notaries, the years of uncertainty and the current stage, characterized by changes due to administrative-territorial and digital reforms. As a result of the analysis, it was concluded that during the early years of independence the legislation, considering the notary territorial competence, was poor, while state intervention into the process of notarial districts allocation was really high. The regulation of the maximum number of notaries and notarial quotas as the legal problem that does not meet today's challenges is revealed. Legislative drafts aiming at regulating the number of notaries and restricting such state intervention in notarial activity have been analysed. The present regulation of the notary territorial competence, as well as legislative updates, considering the administrative-territorial reforms in Ukraine, are studied. The attention is also paid to the administrative-territorial structure as a basis for the allocation of the notary territorial competence. The main concepts of forming the list of notarial districts by the Ministry of Justice of Ukraine are outlined; moreover, their pros and cons are highlighted. The governmental plans to digitalize the state services in terms of launching electronic notaries for remote notarial acts are mentioned. The offer to improve the principles of notary districts system in order to increase the availability of notarial acts to the population is given (driven by the examples of regional notary districts in Kyiv and Sevastopol aiming at providing remote notarial acts). Taking into account the Constitutional provisions, the need to consolidate the Ministry of Justice of Ukraine authorities is justified in context of approving the list of notarial districts in the Law of Ukraine "On Notaries". Keywords: territorial competence of a notary, maximum number of notaries, administrative-territorial structure, administrative-territorial unit, quotas of notaries, availability of notarial acts

Administrative-territorial structure as an element of constitutional design

Administrative-territorial structure as an element of constitutional design

Problem-oriented Management of United Territorial Communities’ Development Based on Decentralization under the Pandemic Influence

The article is devoted to the problem-oriented management of spatial development of united territorial communities (UTC) under the conditions of decentralization under the influence of economic consequences of the Covid-19 pandemic. The article aims to justify the problem-oriented approach in the management of UTC based on the development of a cognitive map of the problems of their development and modelling the problem-oriented management of community resources on the example of human resources. The problem-oriented approach to resource management focuses on solving a problem as a specific theoretical or practical problem, which in turn adaptability, flexibility, the ability to make timely management decisions using available resources. The cognitive map of the four groups of problems of UTC development was developed: problems of the spatial development of UTC and administrative-territorial structure; problems of socio-economic development based on self-sufficiency; problems of local self-government system; problems of rural territories development. The example of human resources scenarios of problem-oriented management of community resources at the macro-, meso-; micro-levels were offered. The hypothesis that the effect of measures “from below” will spread more rapidly than “from above” has been proved.