Local Self-government In Ukraine Research Articles

Constitutional foundations of local self-government in Ukraine

The constitutional foundations of local self­government in Ukraine are norms-principles reflected in more than 20 articles of the Constitution of Ukraine. Norms establishing the legal, organizational, material and financial foundations of local self-government provide for the establishment of a democratic decentralized management system, based on independent territorial communities, local self-government bodies, which are entrusted with the decision of all issues of local importance. Real effective local self-government is possible only in the presence of certain conditions that have objectively developed in society, and which collectively form the basis of local self-government. The basics of local self­government create the foundation, that is, the foundation on which the entire system of local self-government is built. One of the fundamental foundations of local self-government is the participation of citizens in the social and political life of the state. The topicality of the topic is due primarily to the fact that at the current stage of democratic transformation of our country, local self­government is the basis of civil society. Local self-government is one of the most important institutions of a democratic state. Its development is a central scientific problem of municipal law and a "cornerstone” in municipal science for many decades, since its inception. The 1996 Constitution of Ukraine created the legal basis for the development of local self-government as a special type of public power. The article analyzes the constitutional principles that established the status of municipal power, their influence on further legislation and practice of local self­government. The constitutional principles of local self-government are analyzed. The approaches available in modern jurisprudence regarding the definition of the concept of "basics of local self­government” have been considered. Arguments are presented in favor of separating the organizational- legal, territorial, and material-financial bases of the activity of local self-government bodies.

INSTITUTIONS OF SOCIAL ENGAGEMENT IN THE SYSTEM OF LOCAL GOVERNMENT OF UKRAINE

Institutions of citizen engagement are the important factor in the political development of local self-government in Ukraine. The article describes the peculiarities of the implementation and transformation of such institutions as public councils, electronic petitions, public consultations, participatory budgeting and public expertise. According to the results of surveys, one of the main problems faced by institutions of social engagement is insufficient awareness of citizens about their existence. Institutions that are more effective in attracting citizens are distinguished by their accessibility, comprehensibility for most citizens and the availability of confirmation of their effectiveness. It is these two indicators: comprehensibility (instrumentality) and efficiency that are important for citizens, who determine whether a particular institution of engagement should be used. Engagement occurs when citizens believe that they are able and willing to participate, and believe that they can get some positive result. The article describes this as the internal and external effectiveness of citizens. In the framework of the first, citizens are confident in their own competence, that is, they have confidence in themselves and their ability to understand the process and influence it. When citizens are convinced that the government will respond to their participation, this is external effectiveness. Institutes of social involvement develop both the competence of citizens and the openness and ability and readiness to respond in local self-government bodies. Keywords: civil society, social engagement, local self-government, participation, territorial community, decision-making process.

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.

The effectiveness of justice as a component of the constitutional right to judicial protection of local self-government

The Ukrainian state, like any state that seeks to assert itself in the international arena and ensure the proper standard of living of the population, has throughout its existence paid and currently pays a lot of attention to the administration of justice. The very state of the administration of justice is an indicator of the state's interest in observing the rights and freedoms of a person, which in turn is the basis for recognizing such a state as a legal state, i.e. one where the laws that establish the basic rights of a person and the responsibility for their noncompliance both for another person and for the state as a whole. The existence of a legal state is impossible without the effective functioning of all institutions of civil society in it, in particular, local self-government, therefore, a special place among the issues of the administration of justice is occupied by the issue of justice within the limits of the protection of the rights of local selfgovernment, in connection with which the topic of the mentioned study is extremely relevant. The goal of this study is to determine the state of the effectiveness of justice in protecting the rights of local self-government in Ukraine. The authors used dialectical, formal-legal, axiological, logical-legal, hermeneutic methods, as well as the method of content analysis, generalization, modeling, comparison, analogy. The results of the study showed that there are deficiencies in the administration of justice within the framework of the protection of the rights of local selfgovernment. These shortcomings include the politicization of the judiciary, the lack of competence of judges, the complexity of the judicial process and the lack of transparency of the judicial process.

Scientific views on the role of Starosta (Elder) in the local government system

The article is devoted to describing and analyzing the scientific views of national scientists on the role of starosta in the system of local self-government in Ukraine. The relevance and timeliness of the study is due to the fact that the practical implementation of the idea of decentralization proves to be effective every time, while the introduction of the starosta institute has become a new historical milestone in this process. It is determined that starosta as a form of participatory democracy is an integral part of the development of the modern Ukrainian model of local self-government. The researchers’ vision of who the starosta is for the residents of a particular territorial community is presented. The article reveals the commonality of researchers’ approaches to the role of starosta as the closest representative of local self-government, as well as a communicator between the residents of the respective starosta district and local authorities. He or she also acts as an intermediary between residents and the authorities. In addition, it is believed that the starosta can consult, advise and assist in solving problems arising in the community. The purpose of creating the institution of starostas in local self-government bodies in Ukraine is emphasized. The article presents the powers of starosta as defined by the Law of Ukraine «On Local Self-Government in Ukraine». The author offers one of the scientific approaches to the classification of starosta’s functions formulated on the basis of the analysis of his/her powers. These functions are: representative; budgetary; informational; control; constituent; organizational. The study analyzes the requirements that could be mandatory for a person who plans to be a starosta. For example, age, affiliation (certain connection) with the territorial community, special education, knowledge of the basics of local self-government, experience, etc. The author outlines the areas for further scientific research on the implementation of the starosta institute. These areas include: the definition and method of regulatory consolidation of starosta’s powers, their balance and the reality of their application. It is noted that prevention of corruption is another area of scientific research, without which the implementation of the institute is impossible. It is determined that it is necessary to strengthen the positive features of the modern starosta institution, to reveal its role, to increase productivity and efficiency.

Analysis of the Practical Aspects of Local Self-Government in the Context of the Functioning of Territorial Communities in Ukraine

Objective: This study aims to address the evolving landscape of local self-government in Ukraine, focusing on the practical aspects of its functioning within territorial communities. The objective is to analyze the effects of recent reforms and modernization efforts on the structure, functions, and citizen interaction of local self-government.
 
 Methods: The research employs systematic analysis, comparative analysis, and critical review methods to examine the dynamic changes in local self-government within territorial communities in Ukraine. These methods facilitate a comprehensive assessment of the challenges and opportunities arising from recent transformations.
 
 Results: The authors' findings indicate that local self-government in Ukraine is undergoing significant changes, impacting its structure, functions, and relationships with higher levels of government and neighboring communities. Furthermore, it highlights the importance of adaptability to evolving socio-economic conditions and population needs for effective governance. The study underscores the necessity for the development of new mechanisms for intergovernmental and citizen interactions, as well as the improvement of existing governance approaches to enhance local self-government efficiency.
 
 Conclusions: In conclusion, this research provides valuable insights into the evolving landscape of local self-government in Ukraine. It emphasizes the need for adaptive governance structures and mechanisms to facilitate effective interaction between different levels of government and citizens. Additionally, the study underscores the importance of institutionalizing monitoring mechanisms for local self-government bodies, both internally and externally, with a significant role played by non-governmental organizations. The findings have practical implications for enhancing the efficiency and responsiveness of local self-government in the context of ongoing reforms and modernization efforts.

Administrative liability for non-implementation of local self-government bodies’ decisions

The scientific study is devoted to the problems of administrative responsibility for violating the requirements of the by-laws of local self-government bodies. Legislative acts and the list of administrative offenses regulating the powers of local self-government bodies are studied. The article examines the works of scholars who have studied the peculiarities of administrative liability for violation of parking rules, ensuring silence in cities, and waste management.It is stated that the binding nature of decisions of local councils and their executive committees is one of the guarantees of local self-government. Guarantees of local self-government are defined as a system of conditions that provide territorial communities with the exercise of the right to local self-government. Attention is drawn to the fact that local councils make decisions on the budget, housing, communal services, land relations, improvement, education, and health care, and regulate other legal ties. Failure to comply with many by-laws of local self-government bodies may entail administrative liability. Administrative offenses in budgetary, land, environmental relations, and settlement improvement are analyzed.
 Cases of qualification of by-laws violations of local self-government as administrative misdemeanors are determined. The objective side of the composition of these administrative offenses is described.
 The authority of local self-government bodies to bring offenders to administrative responsibility is clarified. Proposals for expanding the competence of administrative commissions and executive committees in bringing administrative responsibility are made. It is proposed to establish a list of violations of by-laws of local self-government bodies in the Law of Ukraine On Local Self-Government in Ukraine, for which administrative responsibility is provided for citizens and legal entities.

Peculiarities of Teaching the Course «Civic Education» in Ukraine (Since 2022)

This article examines the peculiarities of teaching the «Civic Education» course in Ukraine, starting in 2022. The results. It has been proven that after mastering this educational discipline students of 10th grade of general secondary education institutions can acquire a valuable stock of knowledge at worldview, social science, political and legal, environmental, information and mass media levels, acquire knowledge about the main directions of European and international politics. It was found that, nevertheless, the curriculum of the academic discipline needs additions, which are related to the democratization of public life in Ukraine, the holding of democratic elections to the bodies of state power and local self-government in Ukraine in the period 2014-2021, the permanent armed aggression of Russia against Ukraine; the assistance to Ukraine by Western partners; the challenges of the present and the future. The changes and additions proposed by the authors of the article cover the theoretical foundations of the course, key competencies, principles of designing the course content, a list of basic concepts, the content of directions that form integrative civics knowledge. It is substantiated that the content of the educational subject can be improved thanks to the correction of sections and topics of the course program, which have a worldview and moral and ethical character (personality and its identity, socialization of personality, self-realization of a person). Conclusions. The need to make additions to the sections and topics necessary for the formation of an active citizen of Ukraine in the political and legal aspect (human rights and freedoms, democratic society and its values, civil society, rule of law, welfare state) has been established. The relevance of making additions to the content of the educational subject, which are directly related to the radical change in the living conditions of Ukrainian society in connection with Russia's war against Ukraine, is emphasized. It has been determined that such additions may refer to the sections about the person in the socio-cultural space, about the world of information and mass media, about Ukraine, Europe, the world.

PRINCIPLES OF LOCAL GOVERNMENT: TERMINOLOGICAL ISSUES (PART TWO)

The European Charter of Local Self-Government 1985 provides for a number of principles of local self-government that are important for compliance in Ukraine. Some of these principles are already included in national legislation, and they are declared principles of local self-government in Ukraine. Some are not yet. Mostly the scientists, that are specialists in the Ukrainian municipal law, do not write about these principles. That is why the author has used only the monographical works of B.V. Kalinovsky and S.V. Malikov. The author gives the overview of S.V. Malikov’s researches of the topic, and concludes: although the European Charter of Local Self-Government 1985 itself was studied by S.V. Malikov in more detail than the vast majority of Ukrainian authors – specialists in municipal law, precisely the principles of local self-government enshrined in it, he paid only relatively little attention. The author gives the overview of B.V. Kalinovsky’s researches of the topic, and concludes: he has correctly interpreted at least one of the principles of local self-government from the provisions of each of the articles of the first section of the European Charter of Local Self-Government 1985; the author counts 13 principles in total. Among these principles, 11 have been named; sometimes suggested B.V. Kalinovsky title of the principle is debatable, especially taking into account the provisions of the municipal legislation of Ukraine.

Constitutional and legal problems of the development of parliamentarism in Ukraine in the context of decentralization and territorial governance reform

Constitutional and legal problems of the development of parliamentarism in Ukraine in the context of decentralization and territorial governance reform

Public service in wartime

The article is devoted to the organization of activities of public authorities under martial law. The normative legal acts adopted during the war regarding the peculiarities of the organization of labor relations of public servants and the activities of military administrations and their officials have been analyzed. The simplified procedure for admission to the civil service and the flexibility of the legislation in terms of civil service are highlighted. The opinion of scientists regarding the possibility of forming a personnel reserve and the formation of appropriate professional specialized lists of potential candidates for filling positions in the civil service was analyzed, taking into account the professional training of the specialist, his practical experience in the past, as well as the immediate place of work. Reservations were expressed regarding simplified conditions for appointment to civil service positions, which in a certain way violated the basic principles of civil service, namely stability, and professionalism. At the same time, the urgency of restoring the personnel reserve of the civil service was emphasized.The special administrative and legal status of regional military administrations is characterized, because, in addition to the specifics of formation and termination of activity, they are endowed with additional powers to introduce and ensure the implementation of measures of the legal regime and receive double subordination depending on the powers they exercise.It has been found that local self-government bodies (village, settlement, city council; its executive bodies and chairman) will continue to exercise the powers assigned to them by the Law of Ukraine «On Local Self-Government in Ukraine». There are no restrictions on such powers upon the introduction of martial law. Power decisions at the local level remain with local self government bodies, except for those where the military administrations of settlements are conducted.

НАДБАННЯ ТА ЦІННОСТІ ЄВРОПЕЙСЬКОГО (ЗАХІДНОГО) МУНІЦИПАЛІЗМУ ЯК КОНСТИТУЦІЙНІ ЦІННОСТІ ЛЮДСТВА І ДЕРЖАВИ ТА ЇХ СПРИЙНЯТТЯ НА ПОСТРАДЯНСЬКОМУ ПРАВОВОМУ ПРОСТОРІ

НАДБАННЯ ТА ЦІННОСТІ ЄВРОПЕЙСЬКОГО (ЗАХІДНОГО) МУНІЦИПАЛІЗМУ ЯК КОНСТИТУЦІЙНІ ЦІННОСТІ ЛЮДСТВА І ДЕРЖАВИ ТА ЇХ СПРИЙНЯТТЯ НА ПОСТРАДЯНСЬКОМУ ПРАВОВОМУ ПРОСТОРІ

Local self-government bodies and military administrations: current problems of functioning under martial law

Russia's large-scale invasion into Ukraine has become a new challenge for society and the government and has provoked a number of crises and problems that seriously complicate the functioning of the state. Presidential Decree No. 64 dated 24 February 2022, “On the Introduction of Martial Law in Ukraine”, introduced martial law throughout Ukraine.
 The functioning of the authorities, the life of citizens on the ground, and the resolution of a number of new issues have all become the responsibility of local governments. The primary task was to provide maximum support to the military command and help the community to function. Local self-government in Ukraine has demonstrated a high level of efficiency under martial law. On the example of Kharkiv region, a number of problematic issues of regulatory and legal regulation of the functioning of local self-government bodies and military administrations, the scope of their powers and functioning under the legal regime of martial law have been highlighted in the article. Recommendations have been made to improve and delimit the powers of local self-government bodies and military administrations.
 Ukraine’s experience gained during the war has demonstrated the importance of encouraging self-organisation of the population before centralising governance. And this once again confirms the importance of local governments for ensuring the normal functioning of the state as a whole. Further research is planned to be devoted to the prospects for the development of the local self-government system in the post-war period.

Місцеве самоврядування в Україні в умовах воєнного стану

The article analyzes the peculiarities of the functioning of local self-government in the conditions of martial law. It has been found that local self-government in Ukraine is a state-guaranteed right and real ability of a territorial community - residents of a village or a voluntary association of residents of several villages, towns, cities into a rural community - independently or under the responsibility of local self-government bodies and officials of local importance within the limits of the Constitution and laws of Ukraine. It was established that martial law is a special legal regime introduced in Ukraine or in some of its localities in the event of armed aggression or threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and to local self-government bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and a citizen and the rights and legitimate interests of legal persons with an indication of the period of validity of these restrictions. It is noted that in the territories where martial law has been introduced, in order to ensure the operation of the Constitution and laws of Ukraine, to ensure, together with the military command, the introduction and implementation of measures of the legal regime of martial law, defense, civil protection, public safety and order, protection of critical infrastructure, protection of rights, freedoms and legitimate interests of citizens, temporary state bodies - military administrations - can be formed. It was established that the creation of military administrations does not deprive local self-government bodies of their powers. It is indicated that local self-government in Ukraine demonstrated a significant level of efficiency when functioning under martial law. If it is necessary to solve a number of complex problems at the same time, the effectiveness of interaction between state authorities, the leadership of territorial communities and representatives of public and volunteer organizations remains high, which allows avoiding sharp crises in the process of ensuring the livelihood of communities. Last but not least, this situation is possible thanks to the 2014-2021 reform of power decentralization in Ukraine, which allowed a significant amount of powers and resources to be transferred «to places». Cooperation of local self-government bodies with international organizations is also a positive practice, which allows implementing joint development projects and sharing experience in various fields. It is emphasized that local self-government bodies play a major role in the creation of a state in modern Ukraine.

REPRESENTATIVE BODIES OF LOCAL SELF-GOVERNMENT IN UKRAINE: NOMENCLATURE AND CONSTITUTIONAL REGULATION

Nowadays a lot of attention in Ukraine is given to the activity of the local self-government bodies. The aim of the article is to give the list of the representative bodies of local self-government (municipal bodies) in Ukraine and to propose how the relevant constitutional regulation might be improved. The author uses legal synthesis, legal analysis, deductive, inductive, comparative (historical perspectives – so called ‘vertical’ comparison) and hermeneutical methods; the article researches the issue based on the antropocentrical and axiological methodological approaches The author analyses Ukrainian constitutional developments in the democracy’s regulation, then pays attention to the theoretical aspects of democracy’s classifications. The last part of this article covers the current problems of the representative bodies of local government in Ukraine: namely, their nomenclature. The author argues that the Ukrainian self-organizes bodies of population can’t be recognized as “representative bodies” (despite the adjectives in the name of the analyzed institute of constitutional law and the analyzed group of bodies). But they probably have a public nature – because they are an element of the system of local self-government in Ukraine. The author invites municipalists to the discussion and argues the own directions of the future researches.

Organizational and legal provision of the control function of the local self-government body in conditions of sustainable development

The article discusses the issue of organizational and legal support of the control function of the local self-government body in the conditions of sustainable development in Ukraine. The functions of local self-government in Ukraine were outlined. The essence of the control function of local self-government bodies has been studied. The authors performed an analysis of the legislation defining the control powers of local self-government bodies and carried out its relationship with the goals of sustainable development. The purpose of this article is to define and characterize the control function of the local self-government body and its relationship with the goals of sustainable development. Various methods were used in the article, namely: historical method, method of documentary analysis, formal-legal, system-structural. Thus, with the help of the system-structural method, information on the relationship between the legally defined functions of local self-government bodies and the goals of sustainable development was systematized, which contributed to increasing the complexity, systematicity and completeness of the research. Thanks to this, it was possible to conclude that after the reform of the local self-government institute, which consisted in decentralization, the local self-government bodies gained additional control powers, which, as a result, strengthened sustainable development in the localities.

Implementation of the principle of decentralization of power in Ukraine

The article examines the history of decentralization of state power in practice in the countries of the European Union. The characteristics of local self-government as a key subject of decentralization of power are given, and the principle of subsidiarity is revealed. The problems of implementation of the decentralization of state power are outlined, in particular foreign and domestic experience. The article analyzes and systematizes the key risks and problems that arose during the implementation of local self-government reform and financial decentralization in Ukraine.
 The factors that caused the residents of local communities to resist the reform or passive attitude to the creation of united territorial communities were identified and investigated, in particular, economic (expectation of a decrease in the financial capabilities of communities as a result of unification), socio-cultural (the presence of ethnic, cultural and other differences between residents neighboring communities), psychological (distrust of the central and local authorities, fear of the reduction of social sphere facilities, etc.), geographical (deterioration of access to service centers), ecological (attempts of community residents to avoid moving harmful industries to their own territory).
 The geographical unevenness of the pace of the unification of territorial communities during decentralization has been revealed. The main reasons and forms of resistance of district councils and district state administrations to the decentralization reform have been clarified.
 Attempts to reform local self-government in Ukraine have been made since the declaration of its independence, but they have always been hindered by the lack of consensus among the political elite regarding the vision of the external and internal political vector of the state's development in general and approaches to the administrative-territorial division and organization of local authorities in particular. One of the key problems that arose from the very beginning of the reform was ineffective communication between the authorities and citizens, which caused an information vacuum on the ground. As sociological polls showed, citizens of Ukraine had rather low awareness of the features of the decentralization reform.
 Attracting highly qualified specialists to manage them turned out to be a difficult problem for the newly created united territorial communities. The low quality of personnel is usually related to the fact that most of the united communities are formed exclusively from villages, which cannot provide employees of local self-government bodies with competitive salaries and high standards of living.

Specifics of legal regulation of state authorities and local government bodies’ participation in civil proceedings

Purpose. The purpose of the article is a comprehensive analysis of the provisions of the legislation of Ukraine, which regulates the position of public authorities and local government bodies in civil proceedings, identification of shortcomings and disagreements, development of proposals aimed at improving the legal regulation of legal personality institution of authorities and persons to whom the law has granted the right to apply to the court in the interests of other persons and optimization of the court procedure with their participation. Methodology. The methodology includes a comprehensive analysis of the national legislation of Ukraine and individual international acts in sphere of regulating of public authorities and local government bodies’ participation in civil proceedings, generalization of scientific and theoretical arsenal, which made it possible to identify problems and formulate conclusions and proposals aimed at their elimination. Such methods of scientific knowledge were used: terminological, logical-semantic, systemic-structural, functional and others. Results. In the research process the meaning of concepts “public authorities” and “local government bodies” as potential participants in the judicial process in civil cases was revealed. Taking into account the content of constitutional provisions, provisions of the Laws of Ukraine "On Local State Administrations", "On Local Self-Government in Ukraine" and other acts, as well as European and world values in the field of human rights protection, it is proved that functions of state authorities, local government bodies, and methods of their implementation are determined by many factors, among which is the constitutional provision according to which a person, it`s life and health, honor and dignity, inviolability and security are recognized as the highest social value in Ukraine. Human rights and freedoms and their guarantees determine the content and direction of the state's activities, the establishment and provision of human rights and freedoms is the main duty of the state (Article 3 of the Constitution of Ukraine). These are the fundamental principles of state authorities and local government bodie`s activity, including in civil proceedings. In contrast to the participants with a private interests, the position of state authorities and local government bodies in civil proceedings is limited by the Constitution and laws of Ukraine. Practical significance. The results of the research can be used in legislative and law enforcement activities in consideration and resolution of civil cases, initiated by state authorities or local government bodies, or in the case of their involvement in the process in order to provide an opinion at the request of court or due to the law.

Самодостатність територіальних громад в умовах реформи місцевого самоврядування: невирішені проблеми та шляхи їх вирішення

The reform of local self-government in Ukraine led to the expansion of the powers of territorial communities and an increase in their financial resources. There was a problem of correspondence of powers and financial resources. The methodology for assessing the capacity of territorial communities was not developed during the years of the decentralization reform. The article proposes a set of measures aimed at increasing the self-sufficiency of territorial communities in terms of determining their powers and size, improving the mechanism of horizontal budget equalization, redistribution of taxes between the central government and local self-government, taking into account European experience, increasing the share of non-targeted transfers, developing standards for the provision of public services.

FINANCIAL SELF-SUFFICIENCE OF TERRITORIAL COMMUNITIES: ESSENCE AND CONDITIONS OF IMPLEMENTATION

Introduction. IThe implementation of reforms of the administrative-territorial system, public administration and local self-government in Ukraine has actualized the issue of substantiating the theoretical foundations of the financial support of territorial communities as a starting condition for achieving their self-sufficiency. The application in scientific works of various conceptual constructions that relate to the organization of finances of administrative-territorial units of the basic level requires a certain arrangement of them, which is necessary for the development of a set of measures aimed at realizing the ultimate goals of the announced reforms - the creation of a full-fledged living environment, meeting the various needs of citizens and providing them high-quality public services. Therefore, determining the essence of financial self-sufficiency of territorial communities is important not only from the standpoint of the theory of local finances, but also from a practical point of view. The purpose of the article is to substantiate the definition of the essence of financial self-sufficiency of territorial communities based on the analysis of scientific approaches available in the literature, as well as to single out its most important components and conditions of provision. Results. The main approaches to determining the essence of financial capacity and financial self-sufficiency of territorial communities are considered. A proper definition of financial self-sufficiency of territorial communities is proposed. Emphasis is placed on financial resources as a material basis for ensuring financial self-sufficiency of the territorial community. The two most important signs of a financially self-sufficient community are defined: autonomy and independence in decision-making regarding the formation, distribution and use of one’s own financial resources, as well as the sufficiency of the financial resources of local self-government bodies, which is necessary for them to fulfill their own and delegated powers. The main components of financial self-sufficiency of territorial communities are highlighted - institutional, organizational, financial, information and personnel. The most important conditions for ensuring the financial self-sufficiency of territorial communities are formulated, taking into account which will contribute to the achievement of the goals of the reform of local self-government in Ukraine. Conclusions. It is justified that a territorial community can be considered financially self-sufficient, which possesses sufficient financial resources, which local self-government bodies can dispose of independently at their own discretion in order to fulfill their functions and tasks, provide the population with high-quality public services, meet various local needs and ensure the stable development of the community in short- and long-term perspective. The most important conditions for ensuring financial self-sufficiency of the territorial community are systematized in terms of institutional, organizational, financial, information and personnel components.