Functioning Of Local Self-government Research Articles

Особливості функціонування органів місцевого самоврядування в період воєнного стану в Україні

Abstract. The article comprehensively theorizes and analyzes the unique aspects of legal regulations governing the operations of local self-government bodies during Ukraine's period of martial law. It presents specific proposals aimed at enhancing the legislation that oversees this sphere of power and legal relations. The article emphasizes the critical role of local self-government bodies during times of conflict, highlighting their continued significance as a crucial mechanism in upholding the efficient functioning of public authority and the state's defense capabilities. This was vividly demonstrated through the actions of local self-government bodies in response to the Russian Federation's large-scale invasion of Ukraine. They were tasked with establishing voluntary territorial community formations as per the Law of Ukraine "On the Foundations of National Resistance." This involved creating checkpoints, protective structures, and facilitating conditions for the effective functioning of volunteer units. In regions without direct hostilities, these bodies actively engaged in volunteer work and providing support to the Armed Forces of Ukraine. Numerous instances exist where these bodies either spearheaded or significantly contributed to volunteer initiatives at the community level. According to the author, the experience gained by Ukraine during the war demonstrates the undeniable advantage of self-organization of the population over centralized management. The central government will not be able to take over the functions of local self-government bodies and perform them as effectively. Even before the war, the level of trust in local authorities among citizens was one of the highest compared to other institutions. With increasing interaction between people and their local government, this trust has only strengthened. Hence, the proposal to dissolve or arbitrarily limit the powers of local self-government bodies during wartime is considered unconstitutional and a threat to the country's national security. Termination or limitation of their powers is possible only in extraordinary cases, when there is a direct threat to the life and safety of citizens who are in the territory of hostilities or occupation. In all other cases, such actions should only be possible following a well-justified court decision. It's crucial to recognize that local self-government holds the same constitutional significance as the state's structure. The Constitution of Ukraine explicitly outlines the status of local self-government bodies, in particular their functions and powers, which they perform in peaceful conditions. Therefore, making amendments to the Constitution regarding the functioning of local self-government seems unfeasible. The functioning of local self-government during the war requires additional legislative regulation. Consequently, the Law of Ukraine "On Adopting Amendments to Certain Laws of Ukraine Regarding the Functioning of the Civil Service and Local Self-Government during the Period of Martial Law" was enacted, incorporating significant amendments into the Laws "On Local Self-Government in Ukraine" and "On the Legal Regime of Martial Law". The latest legislative act is of particular importance for the constitutional legal order, essentially acting as an addition to the Constitution of Ukraine, the effect of which is actualized in the period of wars.

Some Aspects of the Regulatory Environment of Local Self-Government in Federal Cities

The issues of legal regulation of the organization and functioning of all government bodi es have always been the subject of numerous studies, discussions and even disputes. The rapid new reorganization of the legal foundations of the unified system of public power that started in 2020, having passed the federal and regional level of state power, "stumbled" at the level of local self-government. The draft federal law No. 40361-8 "On General Principles of Organization of Local Self-Government in the Unified System of Public Power", which was submitted to the State Duma of the Russian Fe deration on 16 December 2021, has so far remained at the level of "proposals and comments for the second reading". This allows us to focus on the analysis of problematic issues of the current situation with the legislative basis of local self-government in Russia in order to avoid and take into account in the future existing errors and shortcomings, as well as to improve the current system of legal regulation of local self-government as soon as possible. The Authors of this study attempt to analyze and draw the attention of other researchers, representatives of federal and regional legislative authorities to the existing obvious problems in the legislative regulation of local self-government in federal cities. Specific examples of the texts of the laws of Moscow, St. Petersburg and Sevastopol, allow us to draw disappointing conclusions about the significant abuse by the legislators of these constituent entities of the Russian Federation of their rights to regulate certain issues of organization and functioning of local self-government in the territory of federal cities. Evidently, the existing conflicts should be eliminated as soon as possible and taken into account by the federal legislator in the formation of future legislative framework for determining the specifics of local self-government in federal cities. The current situation seriously affects the principle of direct and immediate effect of the Constitution of the Russian Federation, as well as the priority of federal legislation over regional legislation on issues of joint jurisdiction of the Russian Federation and its constituent entities.

The most important changes in the self-governance and systemic independence of local government units of the 2018–2023 term of office

The article deals with the most important changes in the independence and systemic autonomy of local self-government units of the 2018–2023 term. Both normative solutions and actual actions and behaviours that have a fundamental impact on the functioning of local self-government will be analysed. For a more complete picture of the current term, it will be necessary to briefly characterise the changes introduced after 2015. It is also important for the overall analysis to look from the perspective of those currently in power and characterise their vision of the state and the role of local government in the political system. The idea of a strong, effective state determines the perception of the role of local government and the relationship at the interface between local government and government administration.

The most important changes in the self-governance and systemic independence of local government units of the 2018–2023 term of office

The article deals with the most important changes in the independence and systemic autonomy of local self-government units of the 2018–2023 term. Both normative solutions and actual actions and behaviours that have a fundamental impact on the functioning of local self-government will be analysed. For a more complete picture of the current term, it will be necessary to briefly characterise the changes introduced after 2015. It is also important for the overall analysis to look from the perspective of those currently in power and characterise their vision of the state and the role of local government in the political system. The idea of a strong, effective state determines the perception of the role of local government and the relationship at the interface between local government and government administration.

Funkcjonowanie samorządu terytorialnego w Polsce w warunkach epidemii w związku z koronawirusem SARS-CoV-2 – uwagi ogólne

The article presents selected aspects of the functioning of local government in Poland under the conditions of the epidemic in connection with the SARS-CoV-2 coronavirus. More space is devoted to the systemic aspects, while the substantive and procedural aspects have only been signalled, because their development goes beyond the scope of this study. The objective of this research paper is to provide an answer to the question to what extent the current regulations, taking into account the new legal regulations, enable the implementation of public tasks and how the new regulations modify the current tasks. The article formulates the thesis that the current regulations may be applied under epidemic conditions, but after making modifications necessary to ensure the efficiency and effectiveness of the functioning of local government. The regulation concerning the functioning of local self-government in the state of an epidemic is scattered and requires ordering. During the state of epidemic there was a strengthening of digitalization in the sphere of performing public tasks.

FEATURES OF THE ORGANIZATION OF THE ADMINISTRATIVE- TERRITORIAL ORGANIZATION OF THE EASTERN PODILS REGION

The article examines the historical and geographical aspects of the experience organization of the administrative-territorial system of the southeastern part of Podilsk Transnistria, which still does not have a synthetic expression of this problem, in order to identify the possibilities of its application to improve functioning in conditions of decentralization. In particular, attention is focused on the establishment of transformation processes of the administrative-territorial system at the sub- regional level of the national territorial structure, taking into account its historical and geographical features throughout the entire time period, in unison with the formation of Ukraine (from ancient times to the present). The research is based on the complex use of general scientific and special scientific methods, which made it possible to cover all aspects of the scientific problem. On the basis of the basic territorial-temporal dimension, the diversity of the administrative-territorial organization of the subregional level is characterized, which is the result of the influence of various factors (historical, geographical, military-political, ethno-cultural) and reflects its main forms in the conditions of statehood (public self-government, the Vichy of Kyiv Rus, Galicia -Volyn Principality, Hetmanship, UNR, Ukraine), occupation regimes (Golden Horde, Lithuanian Principality, Polish and Romanian Kingdoms, Commonwealth of Independent States, Ottoman, Russian and German (Third Reich) Empires, Soviet Union). The study of the realities of the transformation of the administrative- territorial system of the southeastern part of Podilskyi Transnistria over a period of more than a thousand years allows us to holistically trace the peculiarities of the creation and functioning of local self-government at the sub-regional meso level, which is valuable in view of the decentralization of executive authorities and the state's strategic European integration course. The results of the research can be used in further historical-geographical studies of the administrative- territorial system of Transnistria and neighboring regions, in particular, to solve urgent problems of the territorial organization of the district-level administrative unit; for the preparation of lecture courses on general or thematic regional studies, primarily geographical and historical.

The Challenge of Democratic Governance - Awareness of the Municipal Population about the Essence and Functions of Local Self-Government

There are various mechanisms to ensure the involvement of citizens in the implementation process of local self-government, although it is obvious that initially the awareness of citizens about the essence, goals and functions of local self-government should be studied, and also it should be clarified how they see their own role in the implementation of self-governance. This article is based on the analysis of empirical sociological research data of 2018.The aim of the sociological research was to study the awareness of regional population about processes taking place in the sphere of local government. The article higlited that indicator of awareness about local government hasn’t significantly improved.

Сучасні питання взаємодії стейкхолдерів задля забезпечення стійкого розвитку об’єднаних територіальних громад

The article proves that improving the efficiency of the development and functioning of local self-government, the entire work of the territorial community depends not only on the available resources and potentials, but also on the efficiency of the interaction of the triangle of «business – government – community». It is defined that in the process of activity and development of the united territorial communities, the main groups of stakeholders include the business environment, namely: its owners and official representatives, public organizations, public activists, local self-government bodies, the population of the community, experts, etc. The use of a business model to manage relations with the concerned parties is an important basis for obtaining competitive advantages for the development of territories, subject to cooperation with stakeholders. Thanks to this, there will be a betterment in the socioeconomic condition of the territorial community, an increase in the overall productivity and efficiency of its activities; in general, this will contribute to the stable development of the territorial community. The coherence of the work of the participants of the territorial community, i. e., establishing consensuses and taking into account the interests of each group of stakeholders, will not interfere with the development process, will prevent the emergence of contradictions and will ensure the implementation of the concept of a socioeconomic effective territorial community. Involvement of stakeholders and further interaction with them within terms of the territory development creates the potential for the maximum positive effect of the implementation of strategies, plans and projects. Within the terms of companies, stakeholders have similar directions of action, and they may differ in the composition of groups and their main activities. The basis is the interest shown by stakeholders in the process of territory development. To do this, one needs to create a model that will take into account their interaction and interests. The developments of the International Association for Public Participation (IAR2) will allow to identify these aspects and adjust them.

Громада як основний елемент місцевого самоврядування

The article determines key characteristics of a “hromada” as a key element of local self-government. It describes main concepts and categories that are mentioned in the course of decentralization reform implementation and introduction of changes to the structure of local self-government. The article describes the legislation that regulates the operation of hromadas (communities) and establishment of territorial hromadas (communities) in the context of decentralization. While analyzing the legislation, special attention was paid to differentiation such terms as “hromada” and “territorial hromada”. The study analyzes historical preconditions as it has been so historically formed in Ukraine that a hromada (community) was the basic territorial unit, which, having its own governing bodies, has performed a number of important functions. It has been determined that there are many different opinions as to the types of communities and their functions. While analyzing the rights and obligations of hromadas (communities) of a territorial hromada (community), the following spheres were selected: social, economic, culturalspiritual, political, judicial and defense. It has been proven that a territorial hromada, as a subject regulating the socio-economic development of a territory, is vested with function, which generally coincide with the power and functions of local self-government. The authors states that in the course of the decentralization reform, it was impossible to establish territorial hromadas (communities) on the occupied territories of the Donetsk and Luhansk oblasts (since 2014), thus military-civil administrations were established on these territories. In addition, it has also been analyzed that since the beginning of a fullscale intervention on the russian federation on February 24, 2022, part of territorial hromadas (communities) in Ukraine are defined as territories that are temporarily occupied; territoriesthat are surrounded (blocked); territories where active hostilities are ongoing.

ASSESSMENT OF THE IMPACT OF BUDGET DECENTRALIZATION ON SUSTAINABLE DEVELOPMENT OF TERRITORIAL COMMUNITIES IN UKRAINE

Peculiarities of territorial community (hromada) development management are revealed and theoretical approaches to budget decentralization in Ukraine are substantiated. Based on the analysis of the composition and structure of local budgets, as well as the calculation of financial independence of territorial communities (hromadas), it is proved that the current budget system of Ukraine is characterized by a high degree of budgetary resources centralization, which does not provide real independence. Building an efficient model of fiscal decentralization consists in determining the tax potential of a separate administrative-territorial unit (territorial community). For further success of decentralization, it is necessary to determine the optimal amount of government functions that are appropriate and cost-effective to delegate to the appropriate local level on a permanent basis, thereby converting them into the local government's own functions.Purpose of study. The aim of the study is to assess the impact of budget decentralization on the sustainable development of territorial communities (hromadas), to determine its relationship with changes in the administrative-territorial structure of Ukraine and to strengthen the financial independence of newly established institutions (amalgamated hromadas).Methodology. In the course of the research the following methods were used: analogy and comparative analysis to identify the features of the implementation of fiscal decentralization in different countries of the world and in Ukraine; settlement and constructive – used in determining the indicators of territorial communities' financial independence in the process of budget decentralization implementation in Ukraine; abstract-logical to reveal the main threats to the financial security of territorial communities and justify proposals and recommendations to ensure their sustainable development.Results of the study. The study showed the presence of certain features in the implementation of budget decentralization reform in Ukraine in modern conditions due to a number of macroeconomic and institutional factors with a long-term and globalization nature of manifestation. They led to the emergence of clearly defined trends and patterns of change in the choice of regional development financial instruments, which will further improve the process of development management of Ukrainian administrative-territorial units in terms of decentralization to achieve the priorities of socio-economic development.Peculiarities of territorial community development management are revealed and theoretical approaches to budget decentralization in Ukraine are substantiated. Based on the analysis of the local budget revenues composition and structure, as well as the calculation of the territorial community financial independence indicators, it was proved that the modern budget system of Ukraine is characterized by a high degree of centralization of budgetary resources.It has been substantiated that the difficulties arising in the financing of state budget expenditures under both unitary and federal systems are largely due to the imperfection or inconsistency of certain provisions of the Basic Law (the Constitution) with the current state of interstate relations and the domestic political situation.Conclusion. It is emphasized that the main problem to be solved to build an effective and efficient model of fiscal decentralization is to determine the tax potential of a particular administrative-territorial unit (territorial community) and the optimal volume of state functions that are expedient and cost-effective to delegate to the local level as own functions of local self-government.

FISCAL STIMULATION OF SPATIAL DEVELOPMENT: THE EU COUNTRIES’ CASES

Abstract. The objective of this article is to form the basis for strengthening the fiscal stimulus spatial development of regional economic systems in the context of decentralization. The methods of research: dialectical, synthesis, analysis, generalizations and monographic, abstraction and generalizations. Results. The authors consider the «fiscal space» as a certain economic spatial formation, formed by elements of the regional economic system, which are involved in the construction of budget components and management of financial flows. The positive impact of the fiscal policy’s implementation in the context of decentralization is highlighted, as well as a certain imbalance of certain areas that provoke the search for ways of fiscal policy objectives intra-regional coordination. Summarizing the experience of European countries on fiscal stimulation of the development of regional economic systems, the following trends are highlighted: first, the main regulatory instruments are tax and budgetary policies, the level of their development and independence in the regions of countries; secondly, regional fiscal policy is always subordinated to the national economic development strategy; thirdly, taxes are becoming a tool for both stimulating and restraining the regions’ development. The article proposes the ways to smooth out negative challenges and the task of regional development’s fiscal stimulation is defined. The experience of European countries allows us to explore the prospects for developing tools for fiscal stimulus to ensure the sustainability and modernization of the regional space. Conclusions. The experience of European countries in the implementation of fiscal policy in the context of decentralization and the functioning of local self-government is studied. Despite the binding nature and dominance of European norms in fiscal policy, each country has formed its own strategic goals in economic development. This allowed preserving the national identity of individual territories, the specificity of the cultural value’s impact on the fiscal stimulation of regional economic systems. The authors come to the conclusion that the adaptation of the best practices in European countries in the Ukrainian economy’s conditions requires their reformatting under the goals and strategies of national economic policy. Directions of implementation of EU countries’ experience in fiscal stimulus of regional space in Ukraine are identified in the article. Keywords: fiscal space, fiscal stimulus, fiscal policy, European models of fiscal policy, tax system, budget system, decentralization, regional economic system. JEL Classification E63 Formulas: 0; fig.: 0; tabl.: 2; bibl.: 23

Публічне управління територіями: аналіз теоретичних підходів та моделей функціонування місцевого самоврядування у світі

Each country at the level of individual territorial units forms its own system of public administration, which is both individual and under the influence of national, historical, geographical, economic and other features. Familiarization with various foreign experience allows allocating a common characteristic in the system of public administration, which is the functioning in the countries of the institute of local self-government. The functioning of a productive system of local self-government is an integral element of any democratic country. The choice in local government for the benefit of either local self-government bodies or public authorities depends on the theory of local self-government prevailing in national politics. At the same time, the choice of theory and model affects the effectiveness of local government, its ability to ensure and guarantee the rights of the community as a whole and the interests of each individual resident in particular. Studying the theoretical principles of public administration at the local level allows not only to get a general vision of this process, but also to allocate its characteristic features. Studying the effectiveness of local self-government activities in different countries and analyzing the possibility of applying modern methods of management in the domestic system of local self-government is relevant for Ukraine in the process of ongoing reform of the public administration system and the search for the optimal model of government organization at the local level. Due to the complexity, importance and interdependence with a whole range of other socio-economic processes, the issues of theoretical principles as to formation and functioning of local self-government, determining the level of decentralization in the system of public administration of territories constantly remain in the field of view of researchers and practitioners of the world, which determines the perspectivity and relevance of researching this topic.

Self-government of territorial communities and the Constitution — the search for consensus or a conceptual revolution?

The state begins a public discussion of amendments to the Constitution of Ukraine regarding decentralization of power. It is assumed that the system of local self-government and a new territorial organization of power will be consolidated, as well as the decentralization of power. The principles that are laid down in the text of the European Charter of Local Self-Government will also be introduced. These principles are basic for the implementation of an appropriate level of management and development of local self-government. Inadequate reproduction of the principles of the European Charter of Local Self-Government leads to the dependence of the institutions of local self-government, «second-rate» territorial communities and the declarative nature of municipal authorities, the growth of its dependence and accountability to public authorities. The existing legislative base of local self-government in Ukraine and the projects that were implemented in the field of formation and development of territorial communities are fragmented. Relevant is a comprehensive solution to the main problem of the organization and functioning of local self-government in modern Ukraine. Such is the creation of constitutional legal conditions for the formation of territorial communities as primary subjects of local self-government, the main carriers of its functions and powers. Different countries apply different management systems at the local level (within the respective administrative-territorial units), the choice of which is influenced by such factors as: state regime, form of government, different approach to understanding the essence and nature of state power, and delimitation of administrative-territorial units into «natural» and «artificial», national and historical features and traditions, and the like. Conclusion: the generally proposed position on replacing the term «territorial community» with «residents of the municipality», especially from the point of view of increasing the subjectivity of local authorities, should be considered an attempt at a conceptual upheaval of the constitutional legal understanding of the essence of local self-government in Ukraine. Key words: self-government of territorial communities, decentralization, local self-government, the Constitution.

Сurrent legislative initiatives in the area of local self-government in the capital of Ukraine. Experience of expert analysis.

The article deals with the status of constitutional and legal support for the realization of the status of the city of Kyiv as the capital of Ukraine, as well as the conceptual problems of the current legislative initiatives in the sphere of local self-government and executive power in the city of Kyiv, using the experience of expert analysis. It is noted that over the years that have passed since the adoption of the legislative acts that determined the peculiarities and specifics of the organization and functioning of local self-government and executive power in the city of Kyiv, the corresponding relations have developed quite contradictory both in terms of the implementation of capital functions and activities of organizational structures of the city authorities, first of all, the Kyiv mayor, the Kyiv city council, the Kyiv city state administration, implementation of management in the districts of cities, etc. The set of objective and subjective reasons, legal, political and socioeconomic, internal and external factors, which necessitate improvement of legislative support of the organization and functioning of local selfgovernment and executive power in the city of Kyiv, are considered. A critical analysis of the drafts of the new version of the Law of Ukraine «On the Capital of Ukraine – Hero City Kyiv» is carried out (Reg. No. 2143 of 13.09.2019; Reg. No. 2143-1 of 19.09.2019; Reg. No. 2143-2 of 24.09.2019; Reg. No. 2143-3 of 24/09/2019). It is proved that these draft laws contain a number of conceptual shortcomings related to the regulation of metropolitan functions, the status of local self-government and executive power in the city of Kyiv, their tasks and competences, the place and role of the Charter of the territorial community of the city of Kyiv in the process of solving urban issues values, etc. The general conclusion is that the mechanism of implementation of local self-government and executive power in the city of Kyiv is extremely contradictory and inefficient, and modern legislative initiatives in the sphere of ensuring the status of the city of Kyiv not only eliminate the existing gaps and defects, but also create new problems of political, legal and socioeconomic, functional and institutional nature. Key words: capital of Ukraine, metropolitan functions, local selfgovernment, executive power, territorial community.

CURRENT LEGISLATIVE INITIATIVES IN THE AREA OF LOCAL SELF-GOVERNMENT IN THE CAPITAL OF UKRAINE – CITY OF KYIV: EXPERIENCE OF EXPERT ANALYSIS

The article deals with the status of constitutional and legal support for the realization of the status of the city of Kyiv as the capital of Ukraine, as well as the conceptual problems of the current legislative initiatives in the sphere of local self-government and executive power in the city of Kyiv, using the experience of expert analysis. It is noted that over the years that have passed since the adoption of the legislative acts that determined the peculiarities and specifics of the organization and functioning of local self-government and executive power in the city of Kyiv, the corresponding relations have developed quite contradictory both in terms of the implementation of capital functions and activities of organizational structures of the city authorities, first of all, the Kyiv mayor, the Kyiv city council, the Kyiv city state administration, implementation of management in the districts of cities, etc. The set of objective and subjective reasons, legal, political and socioeconomic, internal and external factors, which necessitate improvement of legislative support of the organization and functioning of local selfgovernment and executive power in the city of Kyiv, are considered. A critical analysis of the drafts of the new version of the Law of Ukraine «On the Capital of Ukraine – Hero City Kyiv» is carried out (Reg. No. 2143 of 13.09.2019; Reg. No. 2143-1 of 19.09.2019; Reg. No. 2143-2 of 24.09.2019; Reg. No. 2143-3 of 24/09/2019). It is proved that these draft laws contain a number of conceptual shortcomings related to the regulation of metropolitan functions, the status of local self-government and executive power in the city of Kyiv, their tasks and competences, the place and role of the Charter of the territorial community of the city of Kyiv in the process of solving urban issues values, etc. The general conclusion is that the mechanism of implementation of local self-government and executive power in the city of Kyiv is extremely contradictory and inefficient, and modern legislative initiatives in the sphere of ensuring the status of the city of Kyiv not only eliminate the existing gaps and defects, but also create new problems of political, legal and socioeconomic, functional and institutional nature.

Improving the methods of budget funds management in decentralization conditions

Improving the methods of budget funds management in decentralization conditions

FUNCTIONING OF SOCIAL WELFARE ON THE EXAMPLE OF THE CITY OF ŁAZY

The aim of the publication is to analyse the functioning of social assistance on the attachment of the municipal office in Łazy and to determine the level of involving of this city in the social welfare activities. The work assumes the hypothesis that the municipal office in Łazy is strongly involved in welfare activities. Social assistance is an important element of the proper functioning of local self-government. It is very important from the point of view of all kinds of groups of people excluded, for example the disabled, who are unable to function without this kind of help. The research methods adopted at work were critical analysis of the subject literature and analysis of documentation from the office.

Administrative districts in the Republic of Serbia – constitutional status and perspectives

Introduction:Districts in Serbia have a long tradition, dating back to the early 19th century. In that period, they performed competences of state admin­istration and local self-government at the same time. Serbia left the socialist model of constitutionality and returned to liberal-democratic constitutional institutions in 1990, and districts have their new position in constitutional system – districts are exclusively regional offices of ministries, a form of terri­torial deconcentration of power. Their main function is to accomplish orders is­sued by central administrative authorities (ministries). First part of this paper analyzes development of administrative districts and their current position in the constitutional system of Serbia (status, organs and competences). Second part of the paper discusses some options for improving of the position of ad­ministrative districts in the future, within the possible reform of the territorial organization of Serbia. Materials and methods:The methodological basis of the research consists of general scientific and special methods of cognition of legal phenomena and processes in the field of constitutional and administrative law: the method of systemic structural analysis, method of synthesis of socio-legal phenomena, the comparative legal method, formal logical method, historical method. Results:The analysis showed that the status of administrative districts should be changed. Administrative districts is the Republic of Serbia are of­fices (branches) of ministries that perform tasks of state administration They are therefore a kind of regional state administration bodies and organizational units of ministries. On the other hand, the existing districts, 29 of them, can represent a good basis for introduction of second level of local self-government in the Republic of Serbia. In this way, districts could obtain some competencies to conduct independently, by their own organs, elected directly by the citizens. In addition, districts would be able to keep their existing prerogatives and thus become a kind of “mixed” territorial units, which would unify functions of lo­cal government and local self-government. After all, municipalities in Serbia in many ways already have such a character. This solution would increase efficiency and democratic nature of the system in Serbia and strengthen the position of local self-government. However, in order to improve the position of districts in Serbia in this manner it is not enough to perform only revision of laws, but also the constitutional revision as well. Conclusions:The main conclusion is that districts should change their le­gal nature. They should become “mixed” territorial units (administrative and self-governing). In that way, they would be very similar to Serbian districts of the 19th century. Reform of the territorial organization of the Republic of Serbia, which seems inevitable, should seriously consider changing of the legal status and nature of districts. They could become respectable territorial units, which could have “mixed” character, so they could unite in themselves both functions of state administration and functions of local self-government. Such a character, which existed in the Serbian constitutional tradition for a long time, would allow districts, as both administrative and self-governing units, to establish more solid relationship between local communities (municipalities and cities) and institutions of central government. Their territorial, economic and demographic potential would be a solid basis for increasing of efficiency of local self-government and state administration in the Republic of Serbia. Besides, application of this model would completely overcome senseless region­alization project, which would surely bring more damage than good.

Функції та форми діяльності органів місцевого самоврядування в Україні.

The Institute of Local Self-Government plays a crucial role in the implementation of democratization processes, since it provides for the comprehensive implementation of the decisions of the official authorities in the cities and thus fulfills a very important function – ensuring the constitutional order in the state.The Ukrainian state has taken a number of strategic steps, for example, declaring the development of local self-government at the level of guarantees of the Constitution of Ukraine, adopted the Law of Ukraine “About Local Self-Government in Ukraine” (which aims to fully implement the democratic provisions of the European Charter of Local Self-Government ratified in 1997), however, local government continues to remain in its original state.The article attempts to formulate general ideas about the relationship between declared functions and the political and legal regulation of their implementation, it is determined that at the present stage, the complexity lies in the fact that competence involves the implementation of local government functions that they can perform for their own resources.Based on the study of the legal foundations of the functioning of local selfgovernment in Ukraine at the present stage, the author states that the conflict is that it is extremely difficult to find at the regulatory level the balance between state interference with local self-government and the attempts of the latter to constantly increase its autonomy from such interference.It is proved that in general the mentioned problem in Ukraine is solved very specificly. According to the Constitution of Ukraine, territorial communities or selfgovernment bodies established by them independently decide on property, communal, budgetary and economic issues, but according to the Law of Ukraine “About Local Self-Government in Ukraine” this policy is implemented through representative bodies of local self-government, which are mostly formed and defined by the state. It is indicated that an important disadvantage is that the primary subject of local self-government, the main carrier of its functions and powers is the territorial community of the village, settlement, city. On the other hand, according to Clause 5 of Art. 6 of the Law of Ukraine “About Local Self-Government in Ukraine”, in cities with district division of the territorial community of districts in cities act as subjects of property rights. And this automatically means their inclusion in the functional sphere of local self-government, which in practice almost does not occur. The functions of local self-government, which are reduced to the forms of its activity, which clearly demonstrate the full effectiveness of self-governing institutions, are determined.It is substantiated that at the legislative level somewhat superficially gives the status of acts and procedures on the management of local self-government bodies. In other words, the law gives self-governing bodies an administrative function, however, their normative acts of such activity are largely limited in nature. The root of limitation is determined, and it consists in the fact that decisions are coming down from above and are always binding for its implementation, at the same time, the decision of local authorities is not mandatory.It is determined that decisions of local self-government bodies should be procedural, where they mean the implementation of certain established traditions and norms, and not be dictated from above. Foreign experience regarding the functional purpose of local self-government is considered. It turns out that the European tradition of local self-government is a “state in miniature”, where the latter functions as a state institution, has a form of activity similar to the central government, but its competence and influence are limited to a certain territory.

Юридична природа та специфіка реалізації функцій органів місцевого самоврядування

Юридична природа та специфіка реалізації функцій органів місцевого самоврядування