Bodies Of Executive Power Research Articles

Interaction between precinct police officers and community police officers with units of ju-venile prevention in the field of protection of children's right

In order to comply with guarantees for the protection of the rights and interests of children who have suffered from domestic violence, as well as to ensure a proper response to cases of such violence, to provide timely assistance to affected children, to create conditions for the realization of every child's right to grow up in a safe family environment, authorized units of the National Police (patrol police, patrol police response teams, domestic violence mobile teams, precinct police officers, community police officers, juvenile prevention) interact with other state bodies, local self-government bodies, legal entities and individuals.
 The interaction of the National Police with other subjects in the field of combating domestic violence against children is a type of legal relationship that requires the organization and planning of joint activities in this field, the pooling of information, technical, human and other resources for their joint use.
 Coordination of measures in the field of prevention and countermeasures against domestic violence against children and monitoring of their implementation at the local level are carried out by authorized persons (coordinators) in executive power bodies and local self-government bodies.
 According to the current legislation, forms of interaction between juvenile prevention units and community police officers in the field of children's rights protection are joint meetings, conferences, round tables, trainings; informing about the state of crime in the children's environment and measures for its improvement, which are taken by the police, as well as giving recommendations to parents, legal representatives on preventing the commission of offenses by children and in relation to them, the spread of negative phenomena among children; organization of preventive measures among children, etc. Forms of interaction between juvenile prevention units and community police officers in the field of children's rights protection are joint meetings, conferences, round tables, trainings; informing about the state of crime in the children's environment and measures to improve it, which are taken by the police.

ГРАНТОВІ ПРОГРАМИ ЄВРОПЕЙСЬКОЇ КОМІСІЇ ЯК ІНСТРУМЕНТИ РОЗВИТКУ: МОЖЛИВОСТІ ТА БАР’ЄРИ

The article examines the main grant tools of the European Commission for the development of small and medium-sized businesses, representatives of executive power and local self-government, education and medicine. The main possibilities of using European grants for community authorities and entrepreneurship of Ukraine are outlined. The main and largest grant programs from the European Commission are described: Horizon Europe (HORIZON), Creative Europe (CREA), Erasmus+ (ERASMUS+), Digital Europe Programme, EU4Health Programme, Program for the Environment and Climate Action, Single Market Programme. The prospects of using grant instruments within each program are demonstrated. Emphasis is placed on their priorities and areas of support for the projects of authorities, local governments, representatives of business and the public sector in the member countries of the European Union and program partners. The main goals and tasks of each program are highlighted, with the areas of support in Ukraine highlighted. The sluggish process of participation of representatives of small and mediumsized businesses, local self-government bodies, executive authorities and organizations of the non-profit sector in grant programs of the European Commission is analyzed. The reasons for the non-active use of grant, irrevocable, targeted assistance from the highest executive body of the European Union are emphasized, namely: the lack of understanding among potential grant recipients about who can receive a grant for what and how, an acute shortage of professional project managers, grant writers and fundraisers, obligation of partnership. It is concluded that the involvement and use of grant instruments of the European Commission by representatives of small and medium-sized businesses, bodies of executive power and local self-government, representatives of civil society organizations, educators and doctors is an effective tool for their development, implementation of innovative solutions, interaction with partners from the European Union, as well as strengthening the spheres of economy, education, health care of Ukraine. Overcoming barriers and obstacles is possible under the condition of broad informational support from representatives of programs in Ukraine, national contact points, authorities and mass media.

СУБ’ЄКТИ ТА ОБ’ЄКТИ ГРАНТОВОЇ ДІЯЛЬНОСТІ

The article examines the peculiarities of the activities of the subjects and the content of the objects of grant financing in Ukraine as important elements of the grant mechanism system. The main features of the grant have been demonstrated, namely: 1) targeted nature of provision; 2) has the nature of assistance provided at the expense of funds accumulated in grantor funds 3) provision to strengthen the institutional and financial capacity of the recipient, as well as for the implementation of a specific project or program to achieve an economic, social and environmental effect. 4) provision in cash or in kind; 5) free of charge; 6) irreversibility. Emphasis is placed on the fact that two groups of persons can act as subjects of grant activity – grant givers and grant recipients. On the part of the grantor, the subjects are: international organizations, government donors, public donors, private donors, corporate donors, and on the part of the grantee – representatives of the government, local self-government, micro, small and medium-sized businesses, the public sector, individuals, etc. It is emphasized that grant recipients can be: bodies of executive power and local self-government, business representatives: private enterprises, limited liability companies, companies with additional liability, general partnerships, limited partnerships, family enterprises, collective enterprises, individual enterprises, peasant (farming) farms, unions of consumer associations, consumer associations, cooperatives, individual entrepreneurs; association of co-owners of apartment buildings; political parties, religious organizations; representatives of the public sector: public organizations, public unions, associations, charitable foundations; various institutions, institutions and even individuals. It is noted that depending on the strategic goals of the subjects of grant relations, grants can be directed to: support of the economy and democracy, development of civil society, communities and territories in particular, strengthening of the health care system, provision of educational industries, development of culture and creative industries, implementation of scientific research, implementation of startups and implementation of innovative projects, etc. The peculiarities of the content of the object of grant activity are considered, namely, the object is a grant – a monetary or non-monetary resource, which is provided free of charge and irrevocably by the grantor to the recipient for the purpose of implementing measures to strengthen the institutional and financial capacity of the grantee, as well as for the implementation of a specific project or program on achievement of economic, social and environmental effect.

PUBLIC ADMINISTRATION IN THE FIELD OF LAND RELATIONS IN UKRAINE: TRENDS, CHALLENGES AND SOLUTIONS

Purpose. This paper aims at the analysis of the organizational and legal issues of the system of land public administration in Ukraine and elaboration of possible solutions for its further development. Methods. The dialectic method was used in order to analyze the development of the system of public administration in the field of land relations in Ukraine. The method of systematic and structural analysis was used for the characteristics of the elements of the system of public administration in the field of land relations, the distribution of powers between them, and their governmental ties. Modern theoretical approaches to the system of public administration were considered on the basis of the method of critical analysis. Results. In the first part of this paper, the legal and organizational aspects of land public administration in Ukraine have been analysed. The necessity of improvement of powers, in particular, related to land management, have been identified among current problems. The second part of this paper is devoted to the administrative procedures in the field of land relations. The collisions between the general and special laws related to administrative procedures in the field of land relations have been identified among key problems and the case law on this matter has been analyzed. In the third part of the paper the recent trends, challenges in frames of the state of martial law, and solutions have been analyzed. Conclusions. Decentralization and digitalization were considered as the dominate trends in the public governance in the field of land relations. The distribution of powers between central bodies of executive power, as well as between central and local public authorities, the improvement of powers related to the land management, and elimination of the collisions between general and special norms on administrative procedures in the land relations were defined among necessary improvements. During the state of martial law, special mechanisms for land data protection introduced by public administration entities in Ukraine have been considered as important solutions.

ОСНОВИ ФОРМУВАННЯ ГАЛУЗЕВИХ РАМОК КВАЛІФІКАЦІЙ

The article is devoted to the problems of the development of the national system of qualifications in Ukraine. The European vector of Ukraine's development necessitated the development and approval of the National Framework of Qualifications based on the European meta-frameworks. The universal nature of the latter does not allow taking into account the branch specifics of human activity and, as a result, the problem of developing branch frameworks of qualifications, characterized by common features of professional activity and necessary for modern specialists to work in a certain field, is actualized. The article compares the levels and descriptors of the European Qualifications Framework for Lifelong Learning, the Qualifications Framework for the European Area of Higher Education and the National Qualifications Framework of Ukraine, which made it possible to state that our country has chosen its own path in the development of the qualification system, taking into account the experience of the countries of the European Union. It is noted that in European countries, the development of sectoral frameworks of qualifications can be carried out on the basis of two approaches: for the fields of education and the fields of the labor market. For Ukraine, the main problem at the moment is the criteria by which the types of the sectoral frameworks of qualifications should be determined, in particular, by the fields of higher education or types of economic activity. The article presents the author's vision of the sectoral framework of qualifications in relation to the 7th level of qualifications for the field of knowledge "Social and behavioral sciences", the characteristic feature of which are additional dimensions that reveal the specific characteristics of the field. It has been established that representatives of relevant central bodies of executive power, industry councils, professional associations and the education system, employers, and the population should participate in the development of sectoral frameworks of qualifications. All of them will determine the framework requirements for specialists in certain fields of activity, which will become one of the means of increasing the efficiency of the use of labor potential at all levels of the national economy. Prospects for further research into the sectoral framework of qualifications are related to their content, definition of criteria for their quantitative determination, and institutional support.

«Marshall plan for Ukraine»: rationale for a systemic approach to development and proposals for institutional support

The second stage of the Russian-Ukrainian war significantly actualizes the need to develop a state program (or socio-economic project) aimed at institutional, organizational, managerial and methodological support for the policy of eliminating losses and restoring Ukraine. World practice has experience in the development and effective implementation of similar programs, especially on the example of the recovery of Europe and Japan after World War II. The basis for the implementation of such a policy was the «Marshall Plan». It is possible to lay it down as a basis for the development and implementation of the recovery policy of Ukraine. Ukraine should be primarily interested in its development; the world community sent clear messages regarding the expediency of developing the «Marshall Plan for Ukraine» by analogy with the recovery policy of countries after World War II. At the international conference in Lugano, Switzerland, in July 2022, the country's government presented the «Ukraine Recovery Plan», the main provisions of which were approved. At the same time, the international community expressed well-founded comments and expressed a desire for revision. The article considers aspects of the evolution of the approach to the development of the «Marshall Plan» and its defining provisions, which are appropriate to use as a theoretical and methodological basis for the development of the «Marshall Plan for Ukraine». In order to form a systematic approach to the development of such a program, a proposal for the development of a SWOT analysis of the «Marshall Plan for Ukraine» has been put forward. In the context of the practical implementation of such a proposal, its internal strengths and weaknesses, external favorable and threatening factors have been identified. This became the basis of the initial proposals put forward, aimed at ensuring the institutional infrastructure support of the «Marshall Plan for Ukraine»: the need to develop a legislative act that must be adopted in order to legally ensure the implementation of the «Marshall Plan for Ukraine»; creation of a separate state body of executive power, which should be responsible for the practical implementation of the recovery policy; creation of a corresponding state bank; determination of priority measures for organizational and methodological support for the development of the «Marshall Plan for Ukraine».

Административное и судебное усмотрение в российской науке: проблемы соотношения

The article compares the views of Russian scholars on the problem of correlation between administrative and judicial discretion. The authors describe academic approaches to such issues as the scope of discretionary powers belonging to the executive and judicial authorities, types (spheres) of legal activity, within which administrative and judicial discretion, as well as administrative and judicial arbitrariness are implemented. Based on the positions of Russian researchers the authors offer their own vision of the concept of "scope of discretion" - in narrow and broad sense. In the narrow sense, this concept refers to the limits of discretion (boundaries of discretion), and in the broad sense - to the totality of discretionary powers exercised by the subjects of discretion. Thus, in a narrow sense, the term 'discretionary powers' covers qualitative (vertical) parameters of discretion, and in a broad sense, quantitative (horizontal) parameters. Further it is shown that in domestic legal science there are two approaches to the scope of discretionary powers belonging to administrative and judicial authorities. The first approach is that the discretion of executive power bodies has a smaller volume in comparison to that of judicial power bodies. The second is that the discretion of the executive is greater than that of the judiciary. It is argued that a comparison between the scope of discretion vested in the executive and the judiciary based solely on a narrow interpretation of the concept will necessarily pose a problem for the conceptual and categorical apparatus. If a broad interpretation is used, it becomes clear that in qualitative terms judicial discretion is many times greater than administrative discretion and in quantitative terms it is radically inferior. The authors then ask the question: within what types (spheres) of legal activity are administrative and judicial discretion exercised? There are several main answers to this question in Russian legal science. Some researchers believe that administrative and judicial discretion are implemented solely as a law enforcement activity; others believe that administrative discretion is a law enforcement activity, and judicial discretion can be both a law enforcement and law making activity; others believe that judicial discretion, as opposed to administrative discretion, is implemented solely in the process of law enforcement. The authors of this article show that the answer to the question of legal discretion is determined by the problem of the scope of discretion. If we argue that administrative and judicial discretion are equally exercised in law enforcement and/or law-making activities, this means that their scope (in qualitative terms) is identical. Meanwhile, as discussed above, the court should always have greater discretionary "powers" than the administration. Any concept that violates this inequality is therefore wrong. As for the other positions, they may or may not be accurate, but they are not wrong. Then the authors turn to the phenomena of administrative and judicial arbitrariness, reasoning that arbitrariness is to be understood as the act of a person vested with state power, either beyond his discretion or beyond the scope of the legal activity in which that discretion is used. In conclusion the authors emphasise that contemporary domestic studies devoted to comparative legal aspects of such categories as administrative and judicial discretion have certain shortcomings which prevent a full scientific understanding of these categories. The authors declare no conflicts of interests.

Політологічні аспекти публічного управління та адміністрування в умовах здійснення децентралізації влади та євроінтеграції в Україні

The article is devoted to the study of the effectiveness of the functioning of public power in the conditions of decentralization of power and European integration in Ukraine. The conducted analysis of the essence and specific features of local self-government in Ukraine, existing models and mechanisms testifies to the evolution, objective state and development trends of internal and external systemic relationships and interdependencies of local self-government based on the establishment of direct and reverse relations. A conceptual diagram of the organizational and functional structure of the decentralized model of the territorial organization of public power is proposed, which demonstrates the content of the activities of local self-government bodies, which bear almost the entire burden of socio-economic and cultural development of territories, and therefore the functions of executive power bodies of general competence at this level also change. The mechanism of interaction between business structures, authorities and society is illustrated. It has been proven that the complex mechanism of horizontal interaction in the public administration system in conditions of decentralization of power is designed to provide solutions to the entire range of economic, social, ethnocultural, environmental, political, and other problems of territorial development in an organic relationship.

Some Directions of Use of International Experience by Law Enforcement Bodies of the Mia System of Ukraine

Problem setting. Today, Ukraine is in a state of war. Active hostilities continue in some regions. Law enforcement agencies subordinate to the Ministry of Internal Affairs occupy one of the decisive positions in countering the aggressive manifestations of the Russian Federation. Law enforcement structures have a double burden, namely: performing tasks related to repelling an armed attack of the Russian Federation, as well as ensuring the inviolability of state borders, maintaining a proper state of public order and security, and detecting manifestations of collaborationism in controlled territories. Under the conditions of the legal regime of martial law on the territory of Ukraine, law enforcement agencies of the Ministry of Internal Affairs of Ukraine effectively perform tasks in all areas of official activity. We are talking about the maximum use of all opportunities and developments, including the use of the experience of law enforcement agencies of partner countries. In view of this, there is an urgent need to implement the positive experience of the law enforcement agencies of the USA and European countries. Analysis of recent researches and publications. Questions regarding the use of the experience of the police of Europe, the United States, and Japan in the field of security and public order protection at the national, regional, and local levels were investigated by domestic and foreign scientists, namely: O.M. Bandurka, O.I. Bezpalova, O.V. Jafarova, A.M. Dovgopolov, V.O. Zarosylo, N.V. Kaminska, V.L. Kostyuk, S.P. Melnyk, O.S. Pronevich, Yu.I. Rymarenko, V.O. Sichkar, E. Thompson, V.L. Filstein, O.S. Yunin, O.N. Yarmysh In these publications of scientists, the need to take into account the experience of the law enforcement system of foreign countries when introducing new forms and methods of work of law enforcement bodies of the system of the Ministry of Internal Affairs of Ukraine is substantiated. Target of the research is to investigate and analyze the actions of the National Police, as well as other law enforcement agencies of the Ministry of Internal Affairs of Ukraine, which are aimed at using international experience in the process of increasing the efficiency of the work of these state institutions. Study the experience of law enforcement agencies of EU countries and other foreign countries regarding measures aimed at ensuring the proper state of public safety and public order protection. Article’s main body. The article analyzes proposals for improving the effectiveness of the National Police, as well as other law enforcement agencies of the Ministry of Internal Affairs of Ukraine, using the international experience of law enforcement structures in Europe and the United States. Including the interaction of the police with local bodies of executive power, local self-government, public organizations and the population. Conclusions and prospects for the development. We can note that the effective functioning of the law enforcement system of independent Ukraine requires the leadership of the Ministry of Internal Affairs to implement the positive experience of the law enforcement agencies of the USA and European countries. as an example of such experience, in particular in the field of protection of human rights and freedoms, combating crime, protection of public order and security, in conditions of martial law, in our opinion, it is necessary, in particular, to develop proposals at the legislative level that provide for stricter responsibility of the participants and, in the first place in turn, the organizers of mass events for violating the order of their holding provided by law, including criminal liability (examples of EU countries).

BORN BY REVOLUTION: THE FORMATION OF THE SOVIET HEALTH CARE SYSTEM AMONG KALMYK NOMADS

The article is devoted to the origin and development of the healthcare system in Kalmykia during the revolution of 1917 and the Civil War. For the first time, the process of formation of the healthcare sector in the region in the difficult historical conditions of this chronological period is considered. The paper examines the state of health authorities on the territory of Kalmykia during the period of hostilities, the provision of personnel, the material and everyday problems of Kalmyk health care, and the incidence of the population. The article also discusses the impact of political and economic processes on the formation of the healthcare system in Kalmykia. The study used the problem-chronological principle, the method of historicism, analysis and synthesis, etc. A quantitative (statistical) method was also used, which made it possible to follow the dynamics of changes in the material base and staffing of health care institutions in the region. The main sources were archival documents of the National Archives of the Republic of Kalmykia. The emergence of a state health care system among Kalmyk nomads is inextricably linked with the administrative and political transformations that took place on the territory of the Kalmyk steppe, which at that time was part of the Astrakhan province. Only with the formation of an autonomous region did the Kalmyk health department become an independent body of executive power. The development of the health care system in Kalmykia at the initial stage of its formation was greatly influenced by the hostilities taking place in the region, as well as their consequences - epidemics and famine.

On some theoretical aspects of the activities of local self-government bodies in ensuring the safety of the population

The article examines the theoretical aspects of the activities of local self-government bodies, which characterize the features and conditions for the practical implementation of forms, functions, methods, and other means and methods by which the processes of ensuring the safety of the population are managed. Priority tasks and measures to ensure security related to the activities of local executive bodies were analyzed.
 It was noted that the performance of functions related to ensuring the safety of the population by local executive bodies is influenced by the forms of their activity, which are fixed in normative legal acts. This is due to the diverse content of the executive branch's activities. The forms of activity of the executive power bodies, according to their purpose, have an organizational, authoritative, official legal consolidation in the relevant normative legal acts, which establish the competence of a specific executive power body. The national legislation of Ukraine, which regulates social relations in the sphere of public security by executive power bodies at the national and local levels, is analyzed.
 The conclusions suggest a number of approaches aimed at improving the activities of local self-government bodies to ensure public safety. In particular, an important element of the activity of local executive bodies in the sphere of ensuring public safety is its normative legal regulation, the purpose of which should cover a wide «safe space» of relations to which the powers of executive bodies extend. In addition, linguistic and legal approaches in explaining the meaning of terms that characterize the activities of local executive bodies in the field of public safety have a positive effect on the practical implementation of measures aimed at ensuring public safety. It is noted that the administrative-jurisdictional activity of the executive authorities has a fairly broad entrenchment in the administrative legislation of Ukraine, but it remains «soviet» in content, which is an obstacle to legal influence on the regulation of relations in the security sphere, which by its political, social, economic, ideological content has a different content.

Martial law regime in Ukraine: administrative and legal aspects

The article is devoted to the study of administrative and legal aspects of the martial law regime. Considering the controversial nature of the concepts of “legal regime” and “administrative-legal regime” in the science of administrative law, a specific vision of the defining characteristics of the martial law regime is proposed. The system of normative legal acts aimed at its regulation is analyzed, the powers of the military command, executive authorities, military administrations, and local self-government bodies to introduce and implement measures of the legal regime of martial law are determined. Special attention is focused on the problem of restricting the rights and freedoms of citizens and the rights and legitimate interests of legal entities under martial law, which are applied in accordance with the Plan for the introduction and provision of measures of the legal regime of martial law approved by the Cabinet of Ministers of Ukraine. This Plan clearly distinguishes the measures of the legal regime of martial law; deadlines for their implementation; the body responsible for the implementation and provision of the event; and bodies involved in the implementation of event provision. The importance of the legislative prescription to immediately inform the UN Secretary General and foreign countries participating in the International Covenant on Civil and Political Rights about restrictions on the rights and freedoms of a person and a citizen, which is a deviation from the obligations under the International Covenant, the limit of these deviations and the reasons for making such a decision, the date of their termination and changes in the limit of deviations or the term of validity of restrictions on rights and freedoms. Attention is focused on the guarantees of legality in the conditions of martial law, to which the legislator includes the prohibition of changes to the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea, as well as holding elections for the President of Ukraine, elections to the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea and local self-government bodies; conducting all-Ukrainian and local referenda; conducting strikes, mass meetings and actions. The justification of the position on the need to refer to guarantees of legality, in addition to the specified ones, as well as establishing clear grounds and procedures for restricting the rights and freedoms of a person and a citizen; the duty of military command, military administrations, executive power bodies, and local self-government bodies to comply with the requirements of the law regarding respect for the rights and freedoms of man and citizen; the existence of compensation mechanisms for damage or losses caused to a person within the scope of the regime; administrative responsibility for violation of regime rules.The measures of administrative responsibility for violating the rules of the martial law regime are characterized. Possible ways of solving problems arising during the implementation of measures of the martial law regime are proposed. Key words: legal regime, administrative-legal regime, goal of the regime, regime measures, administrative responsibility for their violation, subjects of the regime, guarantees of the regim

THE REFORM OF THE DISTRICT LEVEL OF LOCAL SELF-GOVERNMENT: STATUS AND POSSIBLE OPTIONS FOR ITS FURTHER IMPLEMENTATION

Topicality. The urgency of the article is substantiated by an excessive centralization of powers and financial and material resources of the executive branch, the inability of territorial communities at the district level to exercise their powers, limited access to public services due to lack of funding and deterioration of local government infrastructure as well as reduced professionalism of officials. There is a need for scientific substantiation of scenarios for further implementation of the decentralization reform in terms of determining the rational balance of powers and tasks to be allocated to the district level of government with an appropriate financial support. The experience of forming enlarged administrative-territorial entities at the district level in Ukraine is a modern interpretation and development of European approaches to the definition of functional areas and statistical units according to NUTS-3, which determines the relevance of this study not only at the national but also at the Pan-European level within the context of development of applied principles of the regional development theory.Aim and tasks. The objectives of this study are: to analyze the state of the reform of local self-government at the district level, to consider possible options and scenarios for further implementation of this process, to determine a list of powers that should be transferred to the district level, and to propose measures of material, financial and organizational support.Research results. The peculiarity of a new districts formation in Ukraine is that the districts, which include regional centers, have a number of population several times higher than in other districts of the region. This does not comply with the European standard NUTS-3, which specifies a number of population in districts from 150 thou people to 800 thou people. The concept of local self-government reforming and territorial organization of power provides for the transfer of powers at the district level from executive power bodies to executive bodies of district councils; however the executive bodies of district councils have not been created yet, given that the relevant adjustments to the legislation have not been made. On September 17, 2020, the Verkhovna Rada adopted the Law of Ukraine "On Amendments to the Budget Code of Ukraine to Align the Provisions of Budget Legislation in Connection with the Completion of Administrative and Territorial Reform." This legislative act abolishes personal income tax revenues directed to district budgets, which is the main source of their funding. The district level is also excluded from the system of horizontal equalization, hence district budgets will not receive a basic subsidy and will not be engaged in direct inter-budgetary relations with the state budget and they are excluded from the list of "recipients" of educational and medical subventions. The revenues structure of district budgets’ general fund, which is enshrined in the new Article 64 of the Budget Code of Ukraine, narrows their revenue base dramatically. The district level of local self-government is almost leveled, and it is deprived of most powers and financial resources, as a result, it cannot represent common interests of territorial communities at the basic level, which contradicts a principle of subsidiarity, and an issue of expediency of further existence of the district level of local self-government will be raised in the near future. The article considers possible options for further reform of the district level of local self-government, namely: (1) liquidation of the district level of local self-government, (2) preservation of existing state of the district level of local self-government, (3) preservation of the district level of local self-government, while giving it authority and financial resources to represent the common interests of territorial communities of the basic level. A draft of powers, which should be transferred to the district level of local self-government, has been proposed.Conclusions. The amendments to the legislation made in 2020 have led to a situation where the district level of local self-government was deprived of a larger share of its revenues and was significantly limited in its powers. As a result, the local self-government at the district level cannot fully represent common interests of territorial communities of the basic level in accordance with Article 140 of the Constitution of Ukraine and the principle of subsidiarity. This raised a question on expediency of the existence of the local self-government at the district level. Possible options for its further reform have been considered in the article. The most expedient option is to preserve the district level of local self-government and provide it with powers and financial resources so that it would be able to represent common interests of territorial communities of the basic level. The list of powers to be transferred to the district level has been determined.

Комсомольские истоки формирования административиста

The article examines the process of the genesis and development of the author’s thoughts on various issues of administrative law, the organization and activities of executive power bodies, the role and significance of this power in the system of public administration. Much attention is paid to the memories of the author’s stay in Komsomol, where he began his formation as a specialist in the field of administrative law, as well as work in the rocket and space industry and service in the internal affairs bodies, which finally formed his administrative and legal worldview.

ТРАНСФОРМАЦІЯ ДІЯЛЬНОСТІ ОРГАНІВ ЦЕНТРАЛЬНОЇ ВИКОНАВЧОЇ ВЛАДИ, ЩО РЕАЛІЗУЮТЬ ДЕРЖАВНУ ПОЛІТИКУ В СФЕРІ ЗАПОБІГАННЯ ТА ПРОТИДІЇ ЕКОНОМІЧНІЙ ЗЛОЧИННОСТІ

The system of preventing and countering economic crime has a complex and systemic nature that affects both law enforcement and social, economic, humanitarian, international and other spheres of social development. The importance of combating economic crime in order to guarantee the economic security of the state determines the role of state policy in the economic sphere, especially in terms of regulating economic activity and establishing its legal boundaries, exceeding which is an economic crime. In turn, the formation of public consciousness with a low level of tolerance for economic crime determines the place of the investigated policy in the humanitarian sphere. The training of qualified personnel for the law enforcement system indicates the importance of the social component in the educational policy. The impossibility of isolation from world trends and the globalization of economic relations requires international cooperation in the field of combating transnational economic crimes or prosecuting criminals. The directions of transformation of the central bodies of executive power are substantiated. The transformation of their activity is determined in the context of the proposed directions and objects of the state policy of prevention and counteraction of economic crime in the system of guaranteeing economic security: in the field of transformation of economic activity; in the field of economic crime prevention; in the field of activity of entities implementing the law enforcement function; in the field of information and communication system formation; in the field of international cooperation; in the field of security of the state policy implementation process; in the field of personnel training. It is suggested that the bodies of the central executive power implementing the state policy of preventing and combating economic crime should be grouped as follows: bodies of the central executive power directly implementing the state policy in the field of preventing and combating economic crime; bodies of the central executive power, which are regulators of economic activity; bodies of the central executive power that implement state policy in the spheres that form the implementation of state policy in the sphere of prevention and counteraction of economic crime.

ВЗАЄМОДІЯ СУБ'ЄКТІВ У СИСТЕМІ ДЕМОКРАТИЧНОГО ЦИВІЛЬНОГО КОНТРОЛЮ НАД СИЛАМИ ОБОРОНИ : ОСОБЛИВОСТІ ПРАВОВОГО РЕГУЛЮВАННЯ

A scientific and legal study of the peculiarities of the legal regulation of the interaction of subjects in the system of democratic civilian control over the defense forces, as well as the current legislation and subordinate regulatory legal acts in the relevant field, was carried out. The concept of democratic civil control in the national legislation of Ukraine is studied. It was established that the presence of effective mechanisms of democratic civilian control is a guarantee of guaranteeing the constitutional foundations of a democratic, legal state in the field of national security and civilmilitary relations. Attention is focused on the fact that in the context of the general provisions of democratic civil control, without coordination and interaction it is not possible to ensure the mission of this activity. The category "interaction" was studied. Three main approaches to understanding the concept of interaction in legal science are distinguished, in particular: 1) functional; 2) communicative; 3) operational. Subjects in the system of democratic civilian control over the defense forces are singled out, which include: 1) President of Ukraine; 2) Supreme Rada of Ukraine; 3) National Security and Defense Council of Ukraine; 4) Cabinet of Ministers of Ukraine; 5) bodies of executive power; 6) local self-government bodies; 7) courts; 8) public institutions. The issue of the meaning of control functions is highlighted. The control activity of the President of Ukraine and the National Security and Defense Council of Ukraine is disclosed. The place of parliamentary control as a component of the mechanism of democratic civilian control over the defense forces is emphasized. The essence of the concept of public supervision as a type of civil control is revealed. Attention is focused on the need to ensure the interaction of subjects in the system of democratic civilian control over the defense forces. Emphasis is placed on the positive international experience of introducing the mechanism of democratic civil control.

PRE-WAR STATE OF INFORMATION PROVISION OF THE POPULATION OF SURVEILLANCE ZONES ON THE SAFETY OF NUCLEAR ENERGY FACILITIES.

to assess the state of information needs of the population and its provision by local governments on the safety of nuclear energy facilities and community preparedness for emergencies at nuclear power plants (NNP). To determine the information needs of the population, a survey of the working population of the surveillance zone (SZ) of the NPP was conducted using unique probability sampling, where the sample was 322 people and the sampling error was 5.4 % with a confidence interval of 95.0 %. The issues of population behavior in case of emergencies at NPPs were studied. The assessment of the quality of the information content of the official websites of the executive authorities and local governments of various levels on radiation safety issues was carried out. The population of the SZ NPP considers the most effective information at the place of work, through neighbors, friends, from State Emergency Service specialists. Among information channels, the first place in terms of efficiency is occupied by Internet resources and social networks; the press and television occupy the second position, but remain convenient for the majority of the population. The most popular information related to NPP activities are: radiation status, environmental impact, benefits and subventions, such as compensation for the risk of living near NPPs, conditions of storage and disposal of radioactive waste. The preparedness of communities and the behavior of the population, in case of an emergency at the nuclear power plant, has been practiced in the satellite city and partially in the cities, but the rural population understands the sequence of actions much worse. Information support in NPP satellite cities is significantly better compared to rural areas of SZ. Bodies of executive power and local selfgovernment of the NPP SZ do not perform their function of informing the population on radiation safety and community readiness for emergencies through their official websites. The problem of information support of territorial communities is one of the most important to prevent the consequences of emergencies.

ASPECTS OF PROVIDING THE BALANCED DEVELOPMENT OF LOCAL BUDGETS UNDER THE CONDITIONS OF MARITAL LAW

Objective. The objective of the study is the analysis of current measures for the budget process organizing and the identification of alternative sources of balancing local budgets in the conditions of martial law in order to reduce the negative impact of war on the formation of local budgets and the implementation of operational management of the formation of territorial communities' resources. Methods. A set of general and special methods of scientific research of economic processes were used, in particular: a systematic approach, comparison, grouping, detailing, generalization, methods of statistical analysis, etc. Results. Aspects of providing the balanced development of local budgets under martial law are studied. It was determined that during the independence of Ukraine, martial law was never introduced, therefore there are no studies of theoretical and practical aspects of the formation of local budgets in the specified conditions. It was noted that the local budgets assumed a significant part of the costs for the formation of the resource potential for effective countermeasures against the enemy and, at the same time, for solving the socio-economic problems of the population living in this territory and internally displaced persons from occupied and particularly dangerous regions. After all, the war caused large-scale destruction of civil infrastructure, a humanitarian catastrophe, and has devastating economic consequences. The authors have made an attempt to summarize the measures regarding the organization of the budget process in the conditions of martial law, which were taken by the central bodies of executive power of various levels in order to reduce the negative impact on the formation of local budgets and the implementation of operational management of the formation of resources of territorial communities. These measures are classified according to the areas that have the greatest impact on local finances, such as tax, social and budgetary policy. It was emphasized that as a result of the listed measures implementation, the central governmental bodies in Ukraine managed to create a certain environment that contributes to the protection of the sphere of local finances and forms the basis for its stability in the conditions of modern uncertainty. However, it is clear that despite the state of war, every community needs to take measures to balance local budgets and find reserves to fill local budgets by attracting new sources and using existing funds effectively. The authors express the opinion that in the process of finding new sources for replenishing local budgets, first of all, it is necessary to pay attention to the potential of internally displaced persons, to the possibility of attracting enterprises to relocation, providing production sites, especially to enterprises that have lost production in the south and east of the country, etc. Optimization of the expenditure part of local budgets, according to the authors, is possible due to the suspension of funding of those measures that do not contain a strategic component of improving the security of the territorial community.

СТРУКТУРА КОМПЕТЕНЦІЙ ОРГАНІВ ВИКОНАВЧОЇ ВЛАДИ ТА ОРГАНІВ МІСЦЕВОГО САМОВРЯДУВАННЯ В УМОВАХ ДЕЦЕНТРАЛІЗАЦІЇ

The structure of competencies of the executive power bodies and local self-government bodies in the conditions of decentralization has been studied. It was found that the demarcation of the subjects of management, powers, and competencies of local self-government bodies and local state authorities in Ukraine acquires not only a legal but also a political character. It has been established that there is a direct dialectical relationship between competence and decentralization at the national level and competence and decentralization at the level of local self-government. In such a chain of procedural objectification, the key term will be the competence of local self-government bodies, as a system of authorized subjects - authorized bodies and self-governing subjects, as well as structures functioning at the local social level, formed by society itself to satisfy the collective, group and individual needs of its members. It is substantiated that the application of the principle of subsidiarity determines the effective formation of the competence of local self-government bodies. Guided by this principle, social problems are solved at the lowest or most decentralized (farthest from the center) level, at which it is most effective: state executive authorities should play an auxiliary (subsidiary) and not a subordinate (subordinate) role, performing only those tasks that are not can be effectively implemented at the local level.

Prawne aspekty tworzenia systemu organów wykonawczych w zakresie wykorzystania i ochrony terenów o znaczeniu historyczno-kulturowym na Ukrainie

This article aims to determine the system of the state bodies of executive power in terms of their competence in cultural and historical land usage and protection, taking into account the latest changes in Ukrainian legislation. The author emphasizes that the administration of lands designated for historical and cultural use and protection should take place within a framework of executive bodies specifically authorized as regards cultural heritage protection. Special attention is drawn to the powers of such state bodies like the Ministry of Culture and Information Policy of Ukraine, the State Service for the Protection of Cultural Heritage of Ukraine, and the State Inspection for Cultural Heritage of Ukraine. The article includes a historical and contemporary overview of central executive bodies that ensure the formation and implementation of state policy in the sphere of cultural heritage protection. This scientific study focuses on the constant changes that occur in the system of executive power. The results of the investigation show that these changes in Ukraine take place irregularly today and are not conducive to the efficient use and protection of lands of historical and cultural significance.