Organizational and legal problems of development of territorial communities arising as a result of administrative-territorial reform in Ukraine

Main Author: Oleksandr Slobozan
Format: Article Journal
Bahasa: ukr
Terbitan: , 2021
Subjects:
Online Access: https://zenodo.org/record/5651432
Daftar Isi:
  • The aim of the study is to develop practical recommendations for strengthening the capacity of newly formed territorial communities. It is noted that the administrative-territorial reform, the main result of which is the formation of a new territorial basis of local self-government, is only one of the preconditions for solving the problems of decentralization. At the same time, the introduction of a new administrative-territorial system highlights the need to address a number of legal and organizational issues that hinder the sustainable development of territorial communities. Emphasis is placed on new challenges hindering the further implementation of decentralization reform. Their systematization into two groups is offered: problems of legal maintenance of development of territorial communities and organizational problems of functioning of municipal management system in newly created territorial communities. In this context, the author draws attention to the lack of clear legally established criteria for zoning the territory of Ukraine; lack of documentation of community territories; lack of a clear normative definition of membership in the territorial community and the status of certain categories of such members (foreigners, stateless persons, persons declared incompetent by a court, etc.). These are their rights and responsibilities in the exercise of local self-government, as well as the municipal rights and responsibilities of "full" members of the local community. Serious challenges for the newly formed communities are the considerable remoteness of settlements within the community, which significantly complicates the participation of their residents in addressing issues of local importance and obtaining administrative services. There is also a threat of priority development of the administrative center of the community to the detriment of the interests of residents of other settlements. The author substantiates the approaches to solving certain problems, in particular the need to eliminate excessive centralization in municipal government and involve community members in it through forms of participatory democracy.