Regulatory provisions on forming and functioning of united territorial communities

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.