Normative legal support for the development of territorial urban communities in Ukraine

: pp. 75 - 85
Lviv Polytechnic National University, Ukraine

Problem setting. Socio-economic development of territorial communities grounds on managerial activities of local government bodies. They are engaged in solving issues of distribution of budget funds, participation in the development and implementation of social and industrial projects, coordination of activities of economic structures, and settlement of a range of significant regional development problems. Correspondingly, the development of economic processes and stimulation of the economic activity of business entities at the level of individual territories, the attraction of investments, and promotion of population employment take place.

The development of territorial communities largely depends on the proper level of its normative legal support, which, in turn, affects the welfare of the local population and the level of socio-economic stability of regions as a whole. Such formulation of the problem certifies the significant theoretical and practical importance of considering the impact of normative legal support on the efficient functioning of territorial communities in Ukraine.

Analysis of recent research and publications. The problems of the development of territorial communities in Ukraine are under research by many scholars. In particular, this multifaceted issue was studied by such scientists as V. Zamkovyi, I. Ksionzhyk, L. Potravka, Z. Siryk, I. Storonianska, T. Umanets, etc. In their papers, they raise the issues of stimulating the socio-economic development of Ukraine’s regions, socio-economic development, and cooperation of territorial communities in the context of decentralization; consider the decentralization transformations that have taken place in recent years at the level of regions of Ukraine.

Highlighting previously unsettled parts of the general problem. The subject of this research is the peculiarities of the development of territorial urban communities in Ukraine in the context of improving its normative legal support.

Paper main body. The territorial development of the Ukrainian state is based on the Constitution of Ukraine and the law “On Local Government”. According to the Basic law, local government is exercised by a territorial community in a manner prescribed by law, both directly and through local government bodies: village, settlement, and city councils and their executive bodies, that is, through a specific structural and organizational mechanism called the system of local government.

The law of Ukraine “On Local Government” considers a territorial community as a community of residents, including residents of settlements, in particular, of cities, who are united by the common interests of own life support and independent law-based solution of local issues both directly and through local government bodies. Territorial communities function directly; through local government bodies and officials. In particular, territorial urban communities are chaired by a city mayor as a key official of the territorial community elected in universal, equal, direct suffrage. The city mayor heads the executive body of the council and presides at its meetings, is accountable, controlled, and responsible to the territorial community and the council.

The functions and powers of territorial urban communities are also regulated by laws of Ukraine “On Voluntary Amalgamation of Territorial Communities” and “On Cooperation of Territorial Communities”. The law of Ukraine “On Cooperation of Territorial Communities” also expands the range of legal norms regulating functions and powers of territorial urban communities from the point of positive European experience.

Today, there is a need to pay attention to the following needs of territorial development: mitigation of conflicts in relations between local government bodies and executive authorities; introduction of opportunities to change the domestic territorial boundaries of communities solely taking into account the preliminary clarification of the opinion of the relevant local residents; ensuring transparent competitive procedures for the selection of heads and officials of territorial urban communities; bringing the norms and standards of service in local government bodies in line with European principles of civil service;  improving  the  regulation  of  land  relations  at  the  level  of  territorial  urban communities; unification of legal regulation of financial support for community development; formation and functioning of municipal guard at the level of territorial city communities; improving the procedure for the formation of population self-organization bodies at the level of territorial urban communities; settling the issue of holding local referendums, etc.

Conclusions. A significant number of normative legal acts, adopted by the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine, lays the basis for the current decentralization reform. However, a great deal of issues related to the activities of territorial communities remain unresolved. In particular, it is necessary to emphasize the need for legal regulation of financial, land, and personnel issues designed to ensure the progressive development of territorial communities at the city level. The problems of harmonization of the domestic normative framework with the norms of European legislation and organizational issues related to the management of regional development require special attention. Their solution will contribute to improving the implementation of the development processes of territorial communities both at the city and village and settlement levels as a whole.

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