Stage Of Decentralization Research Articles

Administrative and legal status of local self-government bodies in the context of decentralization reform

The article is devoted to the study of the administrative and legal status of local self-government bodies in the process of implementing the decentralization reform.
 Currently, Ukraine is undergoing a decentralization reform. Its beginning, in its current form, is considered to be the approval by the Cabinet of Ministers of Ukraine of the concept of reforming local self-government and territorial organization of power in Ukraine in 2014 and the approval of the action plan for its implementation, which launched the decentralization reform. In 2020-2021, a new stage of decentralization is taking place in Ukraine, which was characterized by a number of significant legislative changes.
 The article examines the administrative and legal status of local self-government bodies. It is argued that the term “local self-government body” is understood as an autonomous, non-sovereign legal entity of public law, which was created and received its power from a law adopted by Parliament. The degree of independence of local self-government in decision-making is determined by the nature and structure of administrative relations with state authorities.
 It is concluded that during the implementation of the reform, the legislation on local self-government and related legislation should be revised and improved in such a way as to expand the powers of local self-government bodies and contribute to the better performance of their functions, especially in the management of personnel issues, financial affairs and in determining their own priorities in the provision of public services. Despite the revision and amendment of the legislation on local self-government and other relevant legislation, the analysis of scientific sources gives grounds to assert that the exercise by local self-government bodies of their statutory powers and the performance of the functions assigned to them largely remained under the influence and control of the state authorities.

Modeling the parameters of the sustainable development policy of territorial natural and economic systems

Modeling the parameters of the sustainable development policy of territorial natural and economic systems

ADMINISTRATIVE-TERRITORIAL REFORM IN UKRAINE: NORMATIVE-LEGAL ASPECT OF DECENTRALIZATION REFORM IN UKRAINE

The need for effective, capable self-government inevitably faces the need to change the spatial organization of local governments. In turn, the territorial organization of executive bodies also turned out to be far from optimal. In Ukraine, there have been discussions for many years about the reorganization (reform) of the entire system of public power in the country. But they have mainly always concerned the redistribution of powers in the power triangle at the national level: President - Parliament - Government. Since independence, changes have taken place here many times. However, despite the changes taking place in this redistribution at the national level, people living in specific towns and villages continue to face the same problems. To date, not clear enough mechanisms have been implemented to form effective local self-government and territorial organization of government to ensure the provision of high quality and affordable public services, meet the interests of citizens in all spheres of life in the territory, harmonize the interests of the state and local communities, establishing cooperation between the authorities and local governments. Currently, the second stage of decentralization in Ukraine continues in 2020-2021. The Cabinet of Ministers of Ukraine has identified the need for further reform process, introduction of decentralization in Ukraine as one of the priorities in the state, which will continue the development of local self-government, territorial communities and in general will enable the growth of Ukraine's economic indicators. In this regard, this article is aimed at studying the state of administrative-territorial reform in Ukraine, as well as outlining areas for improving the legal aspect of decentralization reform in Ukraine, as for further development of the legal framework, to continue the reform requires a number of important laws.

ADMINISTRATIVE-TERRITORIAL REFORM IN UKRAINE: NORMATIVE-LEGAL ASPECT OF DECENTRALIZATION REFORM IN UKRAINE

The need for effective, capable self-government inevitably faces the need to change the spatial organization of local governments. In turn, the territorial organization of executive bodies also turned out to be far from optimal. In Ukraine, there have been discussions for many years about the reorganization (reform) of the entire system of public power in the country. But they have mainly always concerned the redistribution of powers in the power triangle at the national level: President - Parliament - Government. Since independence, changes have taken place here many times. However, despite the changes taking place in this redistribution at the national level, people living in specific towns and villages continue to face the same problems. To date, not clear enough mechanisms have been implemented to form effective local self-government and territorial organization of government to ensure the provision of high quality and affordable public services, meet the interests of citizens in all spheres of life in the territory, harmonize the interests of the state and local communities, establishing cooperation between the authorities and local governments. Currently, the second stage of decentralization in Ukraine continues in 2020-2021. The Cabinet of Ministers of Ukraine has identified the need for further reform process, introduction of decentralization in Ukraine as one of the priorities in the state, which will continue the development of local self-government, territorial communities and in general will enable the growth of Ukraine's economic indicators. In this regard, this article is aimed at studying the state of administrative-territorial reform in Ukraine, as well as outlining areas for improving the legal aspect of decentralization reform in Ukraine, as for further development of the legal framework, to continue the reform requires a number of important laws.

Structural policy of large cities at the present stage of decentralization (on the example of Lvivska consolidated territorial community)

The present stage of decentralization in Ukraine is characterized by the activation of the processes of harmonization of economic development priorities in many newly established consolidated territorial communities (CTCs). In the first place, it is about the CTCs that were established around large cities after last year’s local elections. Traditionally, rural areas are rather skeptical about the possibility of complete realization of their interests within such CTCs. It causes numerous conflict situations. A range of CTCs established in the previous years even refuse to join new municipal CTCs. Often the refusal contradicts economic logic but meets the social support of the local population. For example, Lvivska CTC didn’t manage to consolidate a range of adjoining areas around it due to the unfriendly disposition of management of surrounding CTCs and their residents. Consequently, its spatial location turns out to be rather asymmetrical. The city’s boundaries literally “encounter” the neighboring village CTCs on the South and East. Moreover, some part of municipal infrastructural facilities turned out to be at their territory (supermarkets, trade centers, traffic intersections, and communal infrastructure facilities). To overcome the described problems and prevent conflict situations, it is reasonable to change approaches to the implementation of economic policy on the local level in the future. In the first place, modern approaches to the implementation of large cities’ structural policy should be introduced at the present decentralization stage. Because currently manufacturing prevails in the structure of these cities’ economy in Ukraine. Moreover, the foundations of industrial capacity of the municipal economy were formed back in the Soviet period. In the first place, it is about industrial regions of Eastern and Southern Ukraine. Yet, even in the West, namely in Lviv, most currently operating industrial enterprises were founded in the 1960s (some of them even in the 1940s). It is hardly real to transfer the production capacities of such enterprises to the neighboring rural areas. So, increasing the capacity of innovative production in adjoining rural areas should be the major priority of large cities’ structural policy at the present stage of decentralization.

Transformation technologies in the processes of capable territorial communities developing

The article discusses issues related to the implementation of modern transformational development technologies in the field of reforming local self-government through the formation of capable united territorial communities. The article claims that today in Ukraine the first evolutionary stage of voluntary community unification has already been passed and now Ukraine is moving on to the next stage - community unification by the principle of ability. This second stage of decentralization involves a radical reduction in the number of districts through the unification and creation of new capable administrative and territorial units at the subregional level. This necessitates a change in the functions of local governments from the implementation of the existing external strategy, to structures that independently develop strategies and tactics, and are responsible for their decisions to the residents of the communities. The role and specific features of capable united territorial communities, as public law units that have all the necessary resources to solve local issues provided for by law, are described. It is proved that strategic goals require a systematic, step-by-step technology for the development and implementation of both strategic and tactical levels. However, among specialists from local economic development, certain gaps in understanding how to turn strategies into tactical development plans through projects and programs have been identified. Although project management has all the necessary tools to create mechanisms for implementing the developed strategy. It is the lack of knowledge on the practical application of well-known project management tools, which causes failures in the implementation of strategies. The article notes that the failure in the developed strategy implementation can be due to both shortcomings in the development of the strategy itself and errors in the development of tactical measures for its implementation. Highlighted shortcomings in the training of project competencies of persons related to the development of program-targeted documents in the newly united territorial communities. The development of transformational tools for united territorial communities through the integration of strategic planning and tactical project management is proposed.

The territorial big bang: which assessment about the territorial reform in France?

ABSTRACT After a new and ambitious reform, referred to as the ‘Territorial Big Bang’, France was confronted, from the end of 2018, with the revolt of the yellow vests, often originating from the country’s most peripheral or troubled territories. These oppositions and contestations from the territories may seem all the more astonishing since the ambitious territorial reform initiated in 2015 and which took shape with the NOTRE and MAPTAM laws aimed precisely at repositioning the role of the territories at each scale. How and why have we arrived at the current result, which seems to revive the historical territorial divide between Paris and the provinces, transforming it into an opposition between the major cities and the rest of France? In this article, we show how the territorial reform of 2015 was a failure and we take stock of the fact that far from affirming a new stage of decentralization, it has consisted above all in favouring large structures and the search for economies of scale, and has left behind territories that don’t matter anymore for the public policies.

Decentralization in Ukraine: Problems, Ways to Solve them

Decentralization that began in 2014 had positively to influence on economic development of country, corresponding reforms – to envisage the redistribution of plenary powers and functions between a center and local authorities, change of administrative-territorial device. But all questions are decided not, but some are even not clearly regulated, that is why this problem is actual, needs certain researches and stipulates the necessity of development and introduction of urgent anti-crisis events, including corresponding suggestions in relation to continuation of decentralization of power taking into account world experience. There are certain problems that brake decentralization. In particular, the actual is remained by a skilled problem, also extremely need to modernisation of industry of country in the conditions of decentralization of power. Decentralization of public management remains actual in Europe and to this time. Lately the reforms sent to the further redistribution of state plenary powers in already decentralizing countries are conducted in European Union. Europe now balances between decentralization and recentralization. In recent year scientists began to pay attention organization of public power in the countries of Asia, especially in those countries that showed successes with the economic development. A basic accent in alteration of economy of these countries was done not on decentralization of power, but on: industrialization on the basis of the newest scientific and technical achievements with an orientation to the foreign market, general availability and high level of education in a country and maximal use of foreign capital. Ukraine on the second stage of decentralization needs to take into account not only experience of Europe but also countries of Asia, also it follows to define optimal distribution of plenary powers between the branches of power for maximally effective work of organs of local self-government in relation to socio-economic development of territories. Local and regional authorities must be attracted in the process of making decision as an equal in rights partner for the achievement of consensus and providing of quality standard of living of their habitants.

Roadmapping as an Instrument for the Sustainable Development Planning of Amalgamated Territorial Communities

In the context of decentralization reform, the use of roadmapping has the particular importance for the development of amalgamated territorial communities. This visual and understandable tool for strategic planning is widely used around the world, but in Ukraine it has not become quite popular, including due to the lack of regulatory and methodological support. This article was an attempt to change this negative trend, as it proves the feasibility of roadmapping use in the planning of sustainable development of amalgamated territorial communities and offers a unified procedure for the construction of such a road map in accordance with the existing legal framework. Attention is focused on the fact that the use of any from these methods of prediction in the amalgamated territorial communities at this stage of decentralization is associated with a significant number of problems.To improve the quality of community planning and overcome the shortage of skilled and professional staff was suggested to use the roadmapping as a process of building a kind of guide-guide or step-by-step scenario of ATС development with reflection in the graph form of strategically important events in the time sequence is proposed. It is stated that the roadmaps have significant advantages, the main of which is the visibility and clarity and are represented by a wide range of types and formats. It is proved the appropriateness of technology roadmaps usage as such, let to associate time-specific measures of development, to assess threats and opportunities, identify priorities. Proposed procedure for constructing the roadmap for the sustainable development of AТС with detailed description of each stage and a list of possible key points (nodes of the graph), which are fully correspond to the official methodological content of strategic planning of local and regional developments. Its implementation should help amalgamated communities not only to improve the quality of strategic plan and simplify its complex process, but also ensure its compliance with the current regulatory framework. Keywords: roadmapping, sustainable development, amalgamated territorial community, decentralization, strategic planning, procedure for constructing the technology roadmap.

Tools to stimulate the creation of amalgamated territorial communities based on the cities of oblast significance

Existing instruments to stimulate the creation of urban ATCs on the basis of the cities of oblast significance are examined, including financial subventions for infrastructure development, intermunicipal cooperation, voluntary consolidation of territorial communities with the cities of oblast significance, public-private partnership. Major incentives to use intermunicipal cooperation and advantages of consolidation of territorial communities with the cities of oblast significance are defined based on the list of cooperation agreements concluded between the cities of oblast significance. The fact that financial and staff resources are the major additional resources obtained from consolidation with COS for a rural community and spatial and infrastructural – for a city is verified. Substantial increase of the area for an urban ATC contributes to activation of entrepreneurship and investment capacity of cities and improvement of spatial planning in the perspective, leading to post-industrial agglomeration, strengthening of spatial and institutional cohesion of population, etc. Despite the positive aspects of forming of ATCs on the basis of the cities of oblast significance, some problems faced in rushed consolidation are outlined, namely the non-compliance with the criteria of the methodics of ATCs forming, shown in deformation of location of the community center and incompact configuration, which should be considered and compensated at this stage of decentralization. Small towns with adjoined communities of suburban area prevail among the cities of oblast significance due to the fact that they prevail among other urban settlements (82 small towns of oblast significance) and due to substantial growth of financial resource, which requires new areas for investment and infrastructural projects and creation of new jobs. Main incentives and obstacles for further successful consolidation of rural and town territorial communities with the cities of oblast significance are defined. Recommendations for further development of cities of oblast significance in the context of three groups of the cities of oblast significance existing at current decentralization stage are suggested and perspectives of organization of the communities’ economic activity in order to strengthen their financial capacity are outlined.

Public Health of United Territorial Communities in Ukraine

The article highlights basic principles of state and public administration of individual health care and public health care of united territorial communities, which are the basis for public community in Ukraine. With the adaptation of the Law of Ukraine “On deliberate union of territorial communities”, a new stage of decentralization of state power, reforms of local government as well as administrative and territorial reforms started in Ukraine. Distribution of budget for health care between district budget and budget of united territorial communities required organizational and structural division of health care system, which provided medical care for individuals of corresponding residential areas. Depending on the health group and the diagnosis, a complex of rehabilitating and restorative curative measures is developed for the formation, preservation and strengthening health of the healthy and for restoration of health of the sick people in the following year. The integrative function of family doctors of the united territorial communities allows to provide: the unified process of formation, preservation and strengthening health of the healthy people of various age and gender groups; early disease detection, primary prevention of diseases, remedial treatment and medical and social rehabilitation of patients and injured people with high quality and efficacy.

Capacity of reforms efficiency of administrative and territorial structure (the case of Zaporizhzhia region)

The aim of the article is to examine efficiency of the decentralization process` potential and the conditions for the formation of financially capable and self-sufficient united territorial communities (UTCs) on the basis of sustainable development of territories and national economy alike. Main material. Efficiency of the decentralization process in Zaporizhzhia region has been analyzed in the article. The methodology of UTCs clustering by the level of their financial capacity applying statistical indicators of relative frequency and frequency with the subsequent determination of the confidence interval for mean observations (with probability of 0.95) has been proposed. The following have been chosen as the clustering criteria: income per capita; personal income per capita; infrastructure grant per capita and development expenditure (capital expenditure) per capita. Each set was divided into three groups: the first group of UTCs is from the minimum value to the lower limit of the confidence interval; the second group of UTCs is within the confidence interval; the third group of UTCs is above the upper limit of the confidence interval. It has been found out that the main determinants of UTCs formation of financial capacity and self-sufficiency are the following: natural-geographical (land, forest, water, mineral, biological, energy) and socio-economic (material, financial, human and intangible) resources. Econometric modeling of financial capacity level of UTCs in Zaporizhzhia region has been conducted. Conclusions and further research. The methodology of UTCs clustering by the level of their financial capacity according to the following criteria has been proposed: income per capita; personal income per capita; infrastructure grant per capita and development expenditure (capital expenditure) per capita. It has been used to evaluate efficiency of the decentralization process in Zaporizhzhia region. The main determinants of UTCs financial capacity and self-sufficiency formation has been proved. Regression econometric models have been built to evaluate its development potential and forecasting for UTCs of Zaporizhzhia region. The authors have proved that nowadays there are territories facing the process of UTCs formation. It has been demonstrated in the study that the complex potential of territorial development, namely, natural and socio-economic potentials, should be the basis for the further UTCs formation. The gradients (as the territorially defined set of opportunities) of the complex development potential will form UTCs administrative delimitation (territorial coverage). UTCs will have characteristics like economic capacity and efficient development based on the resources`, interests` and competitiveness` harmony. It has been proved that in the further process of decentralization it is advantageous to carry out UTCs clustering. UTCs should become clusters` centers of gravity (clusters` cores) as they have reached satisfactory financial capacity and selfsufficiency at the voluntary stage of decentralization.

REFORMING OF THE LOCAL GOVERNMENT IN UKRAINE: PRACTICAL ASPECTS

The practical aspects of the reform of local government in Ukraine at the present stage of decentralization of power are highlighted, namely: in the conditions of voluntary association of territorial communities on the example of Koropsky district of Chernihiv region. It is proved that the administrative and territorial reform of the territorial formation of the administrative unit, which will carry the name of the rayon and which will unite several united territorial communities, should be a logical continuation of the process of completion of the association of territorial communities. This should depend on the geographical location, the availability of infrastructure, the road transport network, the availability of medical services, and other factors.
 It was noted that in order to ensure the implementation of the provisions of the Concept for the reform of local self-government and the territorial organization of power in Ukraine, a district council of representatives of OTG should be formed in such a structural unit, which will provide the main powers of local government bodies at the district level. The district council should establish its own executive body, which should be under its control and accountable. The system of central executive authorities in the newly created administrative unit (rayon) may be represented by the relevant body set up by the Cabinet of Ministers of Ukraine, whose functions should include the coordination of the activities of the territorial units of the executive power on the ground and control over the targeted and effective use of the State budget funds that will be received on the development of the respective territories.
 It has been determined that local authorities, which are one of the main subjects of public administration at the local level and, in particular, the development of territories, most in their activity take into account the traditions of the people, their mentality, the level of development of civil society and its ability.

REFORMING OF THE LOCAL GOVERNMENT IN UKRAINE: PRACTICAL ASPECTS


 
 
 The practical aspects of the reform of local government in Ukraine at the present stage of decentralization of power are highlighted, namely: in the conditions of voluntary association of territorial communities on the example of Koropsky district of Chernihiv region. It is proved that the administrative and territorial reform of the territorial formation of the administrative unit, which will carry the name of the rayon and which will unite several united territorial communities, should be a logical continuation of the process of completion of the association of territorial communities. This should depend on the geographical location, the availability of infrastructure, the road transport network, the avail- ability of medical services, and other factors.
 It was noted that in order to ensure the implementation of the provisions of the Concept for the reform of local self-government and the territorial organiza- tion of power in Ukraine, a district council of representatives of OTG should be formed in such a structural unit, which will provide the main powers of lo- cal government bodies at the district level. The district council should establish its own executive body, which should be under its control and accountable. The system of central executive authorities in the newly created administrative unit (rayon) may be represented by the relevant body set up by the Cabinet of Minis- ters of Ukraine, whose functions should include the coordination of the activities of the territorial units of the executive power on the ground and control over the targeted and effective use of the State budget funds that will be received on the development of the respective territories.
 It has been determined that local authorities, which are one of the main sub- jects of public administration at the local level and, in particular, the develop- ment of territories, most in their activity take into account the traditions of the people, their mentality, the level of development of civil society and its ability.
 
 

Сучасний етап децентралізації в Україні: проблеми й здобутки

Сучасний етап децентралізації в Україні: проблеми й здобутки

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To analyze organizational, political and economic changes resulting from the decentralization of the health system for those in Mexico without health insurance. Three states, selected by considering the percentage of the population living in poverty, the political party in power and their stage of decentralization (the first was in 1984 and the second in 1997) were included. Interviews were conducted during 2007 with key informants from the state health care services, users of health care services, and community leaders. Data were analyzed from an anthropological and economic perspective. Decentralization occurred in a heterogeneous way in each state, with responsibilities being transferred from federal to state level but without breaking the dependence on the central-federal level. The reforms driven from the federal level to create a scheme based on a principle of financial subsidies and democratization of the health system face challenges for their political and organizational consolidation. The anthropological approach adopted in this analysis shows the relevance of considering organizational, economic and political factors as key components of the decentralization process.

Citizen Participation in New York City Government

Following the example of London, England, New York City developed the first stage of Governmental decentralization in 1969 by forming 62 Community Planning Boards. In 1977, by Charter Revision, 59 Community Boards were established with expanded powers. These Boards operate in districts varying between 100,000 to 250,000 population. District Offices provided day to day monitoring of delivery of services through a small permanent community board staff headed by a District Manager. The Community Board members oversee the District Manager and the District Office. The Boards advise on all land use matters, the capital and expense budgets of the City of New York and provide planning for the welfare and orderly development of its district. After four years of operation in this final stage of decentralization with coterminus service delivery districts, the system is on the road to success.