ПОВНОТА КОМПЕТЕНЦІЇ МІСЦЕВОГО САМОВРЯДУВАННЯ ЯК ЗАПОРУКА ЙОГО ІСНУВАННЯ В УКРАЇНІ

Abstract

У даній статті проаналізовано праці науковців, законодавство України та міжнародні нормативно-правові акти щодо важливості дотримання принципу повноти компетенції місцевого самоврядування, його якісного нормативного закріплення та наявності в законодавстві України негативних факторів, які нівелюють самостійність та самодостатність місцевого самоврядування. ; Formation and development of the actual local self-government is one of the most important missions of the modern democratic state Ukraine ratified the European Charter of Local Self-Government in 1997, thus it obliged itself to implant in law and realize the principles which were laid in the text of the Charter. In the article 4 of the Charter the principles of local self-government were fixed without observance of which it is not possible to talk about the real presence of local self-government in the country, for example: the principle of autonomy of local self-government, the principle of subsidiarity, the principle of authority, inalienability and inviolability of local self-government, the principle of adaptation of delegated to local self-government powers to the local conditions, the principle of participation of local self-government in all matters of public importance Article 4 of the Charter provides local self-government (on behalf of local authorities) with the right to have the personal competence, to use free this competence for the benefit of local residents, and obliges the state and other authorities to refrain from attacks and violations of the local authorities' rights. It should be noted that the implementation of the principles of Article 4 of the Charter by Ukraine is far from perfect. Despite the implementation of some statute of Charter in the legislation of Ukraine, the general situation is unsatisfactory and requires strong and consistent changes. For example there are few facts to confirm the situation in Ukraine regarding improper implementation of the principles laid in Article 4 of the Charter. The Constitution of Ukraine provides comprehensive powers and responsibilities of local self-government. The legislator had to note in law about freedom of local self-government powers (local authorities have full discretion to exercise their initiative with regard to any matter which is not excluded from their competence nor assigned to any other authority). Progress of real local self-government often lacks clear division of powers between different public authorities. There is practice of hard administrative management applying by authorities of national and regional levels. There is a tendency of powers limitation of local authorities. Strict control of the delegated powers and compulsory character of delegation of such powers, completely eliminates the realization of the principle of adaptation fulfilment of delegated powers by local authorities. Such «delegated» powers become difficult burden for local self-governments and only hinder self-development local communities. Despite the unsatisfactory situation, it is necessary to emphasize some positive aspects. The implementation of principles of European Charter of Local Self-Government in the legislation of Ukraine is not complete, but we can talk about some implementation of important rules to the constitution and laws of Ukraine. Acceptance of The Law of Ukraine «About Associations of Local Self-Government», was a real step in the consolidation of local councils and the possibility to provide professional assistance on organizational and legal issues. The principles which were laid in the text of the Charter are the key to an adequate level of existence and development of local self-government as a public authority, which aims to provide an appropriate level of citizens' existence at the local level.