Suchergebnisse

The regulatory provisions for forming and developing capable territorial communities are analyzed, the content of problems that need legislative solutions for the successful continuation of reforms is determined. Directions and measures of improvement of regulatory provisions for forming capable territorial communities are outlined.Problem setting. The concept of reforming of local self-government and territorial organization of power in Ukraine was approved by the order of the Cabinet of Ministers of Ukraine № 333-r dated April 01, 2014 and aimed at the effective reform of local self-government. The implementation of the Concept implies strengthening of the legal, organizational and material capability of territorial communities, able to solve issues of local importance.The adoption of regulatory provisions on ensuring the process of formation of capable territorial communities within the framework of implementation of the Concept of reforming of local self-government and territorial organization of power in Ukraine allowed to intensify the reform implementation. Practical steps towards implementing the reform have shown that there is a number of problems that need legislative resolution.Recent research and publications analysis. The issues of territorial organization of power, the formation of effective local self-government and the research of legislative provisions on the formation of united territorial communities were considered in the works by such native scientists as M. Baimuratov, O. Batanov, I. Drobot, V. Kampo, A. Kovalenko, V. Kuibida, V. Mamonova, M. Pukhtinsky, O. Sushinsky and many others. Highlighting previously unsettled parts of the general problem. The contribution of the researchers mentioned above is significant, but special attention should be paid to the need for the further research in this field. The purpose of the study is the analysis of the regulatory provisions on the formation of united territorial communities, the identification of problems that need the improvement of legislative provisions.Paper main body. Based on the fact that the local self-government system does not meet the needs of the society at present, the reform of local self-government through decentralization has been in Ukraine since 2014.The reasons for the started reform were:– the resource failure of the vast majority of local governments to exercise their own and delegated powers;– worsening demographic situation in most territorial communities;– excessive centralization of powers of executive authorities and distribution of financial resources;– resolving issues in the field of land relations without involving territorial communities.The tasks to be solved in the process of decentralization were outlined in the Concept of reforming of local self-government and territorial organization of power in Ukraine, approved by the order № 333-r of the Cabinet of Ministers of Ukraine on April 01, 2014.The Sustainable Development Strategy "Ukraine – 2020", approved by Presidential Decree № 5/2015 dated January 12, 2015, reaffirmed the importance of implementing a local self-government reform through decentralization and included it to the top priority.The important regulatory acts were adopted during 2014 – 2015 regarding the voluntary association of territorial communities. These are the Laws of Ukraine "On Cooperation of Territorial Communities", "On Voluntary Association of Territorial Communities" as well as the Methodology of forming of capable territorial communities approved by the Resolution of the Cabinet of Ministers of Ukraine № 214 dated April 08, 2015.The key legislative acts "On Amendments to the Constitution of Ukraine (on Decentralization of Power)" and "On the Principles of Administrative and Territorial System" have not been adopted by the Verkhovna Rada of Ukraine yet.Taking into account the incompleteness of adopting of amendments to the Constitution of Ukraine (regarding the decentralization of power), other laws, the shortcomings of the current regulatory provisions on implementing the local governmental reform and territorial organization of power in Ukraine, and the lack of certainty of further reforms, it seems doubtful to accelerate the voluntary association of territorial communities.Conclusions of the research and prospects for further studies. Based on the fact that the development of local self-government in Ukraine did not meet the requirements of the time, the process of local self-government reform through decentralization was initiated in Ukraine in 2014.The tasks that need to be solved in the process of decentralization were outlined in the Concept of reforming of local self-government and territorial organization of power in Ukraine approved by the order № 333-r of the Cabinet of Ministers of Ukraine dated April 01, 2014, and the Plan of actions for implementing the Concept dated June 18, 2014.Considering a number of objective reasons for the aggression of the Russian Federation, the implementation of stages of the reform was not fully fulfilled. In previous years, less than half of the territorial communities was united, which casts doubt on the completion of the unification process in 2020. The adoption of amendments to the Constitution of Ukraine (on the decentralization of power), the submission and consideration of all necessary regulatory acts is a long process that will also affect the timing of the reform completion. The further analysis and research require regulatory provisions on the problem of decentralization that have already been adopted and will be adopted by the Verkhovna Rada of Ukraine in a new convocation in future. ; Проаналізовано нормативно-правове забезпечення формування та розвитку спроможних територіальних громад. Визначено зміст проблем, які потребують законодавчого вирішення для успішного продовження реформ. Окреслено напрями та заходи удосконалення законодавчого забезпечення формування спроможних територіальних громад.

The content of such concepts as "a territorial community", "a united territorial community", "a capable territorial community" is analyzed. The correlation between the content of the concept of a territorial community in the legislation of Ukraine and in the European Charter of Local Self-Government is investigated. Different approaches to identifying characteristic features of a territorial community are shown.Problem setting. The concept of reforming of local self-government and territorial organizations of power in Ukraine was approved by the order of the Cabinet of Ministers of Ukraine № 333-r dated April 01, 2014 and aimed at the effective reform of a local self-government. The implementation of the Concept implies strengthening of the legal, organizational and material capacity of territorial communities, capable of solving issues of local importance.The study of the essence of the concept of a territorial community, its legal status, functions, features, forms of activity will allow better understanding of the ways of formation of capable territorial communities.Recent research and publications analysis. The issues of territorial organization of power, the formation of effective local self-government and the research of the status of territorial communities were considered in the works by such native scientists as M. Baimuratov, O. Batanov, I. Drobot, V. Kampo, A. Kovalenko, V. Kuibida, V. Mamonova, O. Moroz, M. Orzikh, M. Pukhtinsky, O. Sushinsky and many others.Highlighting previously unsettled parts of the general problem. The contribution of the researchers mentioned above is significant, but a special attention should be paid to the need for the further research in this field. The purpose of the study is to determine the content and approaches to understanding of the concept of a territorial community, its main features and legal personality, to analyze the essence and characteristics of capable territorial communities.Paper main body. The foundations for decentralization in Ukraine were laid on April 01, 2014, when the Concept of reforming of local self-government and territorial organization of power in Ukraine was approved by the order № 333-r of the Cabinet of Ministers of Ukraine and the Plan of Actions on its implementation was confirmed on June 18, 2014 by the order № 591-r of the Cabinet of Ministers.The investigation of the concept of a territorial community, its legal status, functions, features, is necessary to understand the decentralization and ways of forming of capable territorial communities. The Constitution of Ukraine and the Law of Ukraine "On Local Self-Government in Ukraine" define a territorial community as the primary subject of local self-government in Ukraine, but the definition itself is ambiguous.The analysis of the definition of the primary subject of local government in the European Charter of Local Self-Government reveals some translation related differences. Based on the comparison of the English and French-language translations of the European Charter of Local Self-Government, it is possible to say that the term "local authorities" is understood as "local (territorial) communities (collectives)".Based on the definitions in the legislation and the scientific literature, the following understanding of a territorial community can be formulated. A territorial community is an aggregate of citizens of Ukraine who live together within a certain territory, have a legal status defined by law, identify themselves with it and have common interests.The Law of Ukraine "On Local Self-Government in Ukraine" defines the ability as a state guaranteed right and the real capability of a territorial community to resolve issues of local importance within the framework of the Constitution and Laws of Ukraine independently or under the responsibility of local self-governmental bodies and officials.A capable territorial community should have the following characteristics: a defined territory; developed social infrastructure; required staff potential; material and financial resources sufficient to solve local issues for the benefit of residents of a community.The majority of the territorial communities of Ukraine under modern conditions, having the authority to resolve issues of local importance, cannot fulfill them properly due to lack of material and financial resources, poor quality or lack of infrastructure (buildings, structures, roads, etc.) and lack of qualified staff.Conclusions of the research and prospects for further studies. The Constitution of Ukraine and the Law of Ukraine "On Local Self-Government in Ukraine" define a territorial community as the primary subject of local self-government. Based on one variant of the translation of the term "local authorities", the analysis of the text of the European Charter of Local Self-Government and the procedure for its adoption, it can be stated that the European Charter of Local Self-Government also defines a territorial community as the primary subject.Based on the definition of a territorial community in the Ukrainian legislation, different approaches to its understanding, it is possible to define the concept of a territorial community as an aggregate of citizens of Ukraine who live together within a certain territory, have a legal status defined by law, identify themselves with it and have common interests.The ability is defined as the state guaranteed right and the real capability of a territorial community to solve the issues of local importance within the Constitution and Laws of Ukraine independently or under the responsibility of local self-government bodies and officials.A capable territorial community must have a defined territory, a developed social infrastructure, the necessary human resources and the material and financial resources sufficient to solve issues of local importance for the benefit of residents of the community. The practice of exercising the powers of the united territorial communities indicates the inability to carry out the tasks assigned to them. The further research needs the connection of the capability of local communities with the prospects of accelerating of their integration and the impact of external and internal factors on this process. ; Проаналізовано зміст понять "територіальна громада", "об'єднана територіальна громада", "спроможна територіальна громада". Досліджено співвідношення змісту поняття "територіальна громада" в законодавстві України та в Європейській хартії місцевого самоврядування. Показано різні підходи до визначення ознак територіальної громади.

The regulatory provisions for forming and developing capable territorial communities are analyzed, the content of problems that need legislative solutions for the successful continuation of reforms is determined. Directions and measures of improvement of regulatory provisions for forming capable territorial communities are outlined.Problem setting. The concept of reforming of local self-government and territorial organization of power in Ukraine was approved by the order of the Cabinet of Ministers of Ukraine № 333-r dated April 01, 2014 and aimed at the effective reform of local self-government. The implementation of the Concept implies strengthening of the legal, organizational and material capability of territorial communities, able to solve issues of local importance.The adoption of regulatory provisions on ensuring the process of formation of capable territorial communities within the framework of implementation of the Concept of reforming of local self-government and territorial organization of power in Ukraine allowed to intensify the reform implementation. Practical steps towards implementing the reform have shown that there is a number of problems that need legislative resolution.Recent research and publications analysis. The issues of territorial organization of power, the formation of effective local self-government and the research of legislative provisions on the formation of united territorial communities were considered in the works by such native scientists as M. Baimuratov, O. Batanov, I. Drobot, V. Kampo, A. Kovalenko, V. Kuibida, V. Mamonova, M. Pukhtinsky, O. Sushinsky and many others. Highlighting previously unsettled parts of the general problem. The contribution of the researchers mentioned above is significant, but special attention should be paid to the need for the further research in this field. The purpose of the study is the analysis of the regulatory provisions on the formation of united territorial communities, the identification of problems that need the improvement of legislative provisions.Paper main body. Based on the fact that the local self-government system does not meet the needs of the society at present, the reform of local self-government through decentralization has been in Ukraine since 2014.The reasons for the started reform were:– the resource failure of the vast majority of local governments to exercise their own and delegated powers;– worsening demographic situation in most territorial communities;– excessive centralization of powers of executive authorities and distribution of financial resources;– resolving issues in the field of land relations without involving territorial communities.The tasks to be solved in the process of decentralization were outlined in the Concept of reforming of local self-government and territorial organization of power in Ukraine, approved by the order № 333-r of the Cabinet of Ministers of Ukraine on April 01, 2014.The Sustainable Development Strategy "Ukraine – 2020", approved by Presidential Decree № 5/2015 dated January 12, 2015, reaffirmed the importance of implementing a local self-government reform through decentralization and included it to the top priority.The important regulatory acts were adopted during 2014 – 2015 regarding the voluntary association of territorial communities. These are the Laws of Ukraine "On Cooperation of Territorial Communities", "On Voluntary Association of Territorial Communities" as well as the Methodology of forming of capable territorial communities approved by the Resolution of the Cabinet of Ministers of Ukraine № 214 dated April 08, 2015.The key legislative acts "On Amendments to the Constitution of Ukraine (on Decentralization of Power)" and "On the Principles of Administrative and Territorial System" have not been adopted by the Verkhovna Rada of Ukraine yet.Taking into account the incompleteness of adopting of amendments to the Constitution of Ukraine (regarding the decentralization of power), other laws, the shortcomings of the current regulatory provisions on implementing the local governmental reform and territorial organization of power in Ukraine, and the lack of certainty of further reforms, it seems doubtful to accelerate the voluntary association of territorial communities.Conclusions of the research and prospects for further studies. Based on the fact that the development of local self-government in Ukraine did not meet the requirements of the time, the process of local self-government reform through decentralization was initiated in Ukraine in 2014.The tasks that need to be solved in the process of decentralization were outlined in the Concept of reforming of local self-government and territorial organization of power in Ukraine approved by the order № 333-r of the Cabinet of Ministers of Ukraine dated April 01, 2014, and the Plan of actions for implementing the Concept dated June 18, 2014.Considering a number of objective reasons for the aggression of the Russian Federation, the implementation of stages of the reform was not fully fulfilled. In previous years, less than half of the territorial communities was united, which casts doubt on the completion of the unification process in 2020. The adoption of amendments to the Constitution of Ukraine (on the decentralization of power), the submission and consideration of all necessary regulatory acts is a long process that will also affect the timing of the reform completion. The further analysis and research require regulatory provisions on the problem of decentralization that have already been adopted and will be adopted by the Verkhovna Rada of Ukraine in a new convocation in future. ; Проаналізовано нормативно-правове забезпечення формування та розвитку спроможних територіальних громад. Визначено зміст проблем, які потребують законодавчого вирішення для успішного продовження реформ. Окреслено напрями та заходи удосконалення законодавчого забезпечення формування спроможних територіальних громад.

The content of such concepts as "a territorial community", "a united territorial community", "a capable territorial community" is analyzed. The correlation between the content of the concept of a territorial community in the legislation of Ukraine and in the European Charter of Local Self-Government is investigated. Different approaches to identifying characteristic features of a territorial community are shown.Problem setting. The concept of reforming of local self-government and territorial organizations of power in Ukraine was approved by the order of the Cabinet of Ministers of Ukraine № 333-r dated April 01, 2014 and aimed at the effective reform of a local self-government. The implementation of the Concept implies strengthening of the legal, organizational and material capacity of territorial communities, capable of solving issues of local importance.The study of the essence of the concept of a territorial community, its legal status, functions, features, forms of activity will allow better understanding of the ways of formation of capable territorial communities.Recent research and publications analysis. The issues of territorial organization of power, the formation of effective local self-government and the research of the status of territorial communities were considered in the works by such native scientists as M. Baimuratov, O. Batanov, I. Drobot, V. Kampo, A. Kovalenko, V. Kuibida, V. Mamonova, O. Moroz, M. Orzikh, M. Pukhtinsky, O. Sushinsky and many others.Highlighting previously unsettled parts of the general problem. The contribution of the researchers mentioned above is significant, but a special attention should be paid to the need for the further research in this field. The purpose of the study is to determine the content and approaches to understanding of the concept of a territorial community, its main features and legal personality, to analyze the essence and characteristics of capable territorial communities.Paper main body. The foundations for decentralization in Ukraine were laid on April 01, 2014, when the Concept of reforming of local self-government and territorial organization of power in Ukraine was approved by the order № 333-r of the Cabinet of Ministers of Ukraine and the Plan of Actions on its implementation was confirmed on June 18, 2014 by the order № 591-r of the Cabinet of Ministers.The investigation of the concept of a territorial community, its legal status, functions, features, is necessary to understand the decentralization and ways of forming of capable territorial communities. The Constitution of Ukraine and the Law of Ukraine "On Local Self-Government in Ukraine" define a territorial community as the primary subject of local self-government in Ukraine, but the definition itself is ambiguous.The analysis of the definition of the primary subject of local government in the European Charter of Local Self-Government reveals some translation related differences. Based on the comparison of the English and French-language translations of the European Charter of Local Self-Government, it is possible to say that the term "local authorities" is understood as "local (territorial) communities (collectives)".Based on the definitions in the legislation and the scientific literature, the following understanding of a territorial community can be formulated. A territorial community is an aggregate of citizens of Ukraine who live together within a certain territory, have a legal status defined by law, identify themselves with it and have common interests.The Law of Ukraine "On Local Self-Government in Ukraine" defines the ability as a state guaranteed right and the real capability of a territorial community to resolve issues of local importance within the framework of the Constitution and Laws of Ukraine independently or under the responsibility of local self-governmental bodies and officials.A capable territorial community should have the following characteristics: a defined territory; developed social infrastructure; required staff potential; material and financial resources sufficient to solve local issues for the benefit of residents of a community.The majority of the territorial communities of Ukraine under modern conditions, having the authority to resolve issues of local importance, cannot fulfill them properly due to lack of material and financial resources, poor quality or lack of infrastructure (buildings, structures, roads, etc.) and lack of qualified staff.Conclusions of the research and prospects for further studies. The Constitution of Ukraine and the Law of Ukraine "On Local Self-Government in Ukraine" define a territorial community as the primary subject of local self-government. Based on one variant of the translation of the term "local authorities", the analysis of the text of the European Charter of Local Self-Government and the procedure for its adoption, it can be stated that the European Charter of Local Self-Government also defines a territorial community as the primary subject.Based on the definition of a territorial community in the Ukrainian legislation, different approaches to its understanding, it is possible to define the concept of a territorial community as an aggregate of citizens of Ukraine who live together within a certain territory, have a legal status defined by law, identify themselves with it and have common interests.The ability is defined as the state guaranteed right and the real capability of a territorial community to solve the issues of local importance within the Constitution and Laws of Ukraine independently or under the responsibility of local self-government bodies and officials.A capable territorial community must have a defined territory, a developed social infrastructure, the necessary human resources and the material and financial resources sufficient to solve issues of local importance for the benefit of residents of the community. The practice of exercising the powers of the united territorial communities indicates the inability to carry out the tasks assigned to them. The further research needs the connection of the capability of local communities with the prospects of accelerating of their integration and the impact of external and internal factors on this process. ; Проаналізовано зміст понять "територіальна громада", "об'єднана територіальна громада", "спроможна територіальна громада". Досліджено співвідношення змісту поняття "територіальна громада" в законодавстві України та в Європейській хартії місцевого самоврядування. Показано різні підходи до визначення ознак територіальної громади.