Comparative Legal Analysis of he Peculiarities of State Control Over the Activities of Local Self-Government in Ukraine and Poland

Abstract. Within the framework of European integration, the institution of control over the activities of local self-government bodies in Ukraine is gaining relevance. This is a fairly new institution that has not been fully regulated at the level of national legislation. The Law of Ukraine ‘On Local Self-Government’ contains only one provision that mentions that state control over local self-government bodies is carried out on the basis of the law. Thus, this article is devoted to the study of control over the decisions of local self-government bodies, which is inextricably linked to the decentralisation process. Thus, this article is devoted to the study of control over the decisions of local self-government bodies, which is inextricably linked to decentralisation, and to a comparative legal analysis of the State's control over the activities of local self-government in Ukraine and Poland.

The author emphasises the importance of legal regulation of state control over the activities of local self-government in Ukraine. Having analysed the legislative activity of reforming this institution, one can observe a number of shortcomings that may affect the legality in general and the quality of work of local self-government bodies. At this stage, a number of draft laws are still being considered in the second reading by the Verkhovna Rada of Ukraine and are expected to be adopted soon. 

Today, the reform of local self-government in the context of the national legislation of Ukraine involves the adoption of new laws, the development of new draft laws and amendments to certain other legislative acts of Ukraine regulating the activities of local self-government bodies. The Law of Ukraine ‘On International Territorial Cooperation of Ukraine’ was recently adopted, which will regulate international territorial cooperation between regions and territories of Ukraine and other countries.  Starting from 14 August 2024, each local council is obliged to record, store and publish videos of its plenary sessions and meetings of its standing committees. These innovations have been introduced because the Law ‘On Amendments to the Law of Ukraine “On Local Self-Government in Ukraine” on Ensuring Transparency of Local Self-Government’ has come into force. On 24 May 2024, the Verkhovna Rada of Ukraine registered in the second reading the Law of Ukraine ‘On Amendments to the Law and Other Legislative Acts of Ukraine on the Development of Democracy at the Local Self-Government Level’, which is still awaiting the signature of the President of Ukraine as well as one of the most important draft laws, which is currently at the second reading stage, the Law of Ukraine ‘On Amendments to the Law of Ukraine “On Local State Administrations” and Some Other Legislative Acts of Ukraine on Reforming the Territorial Organisation of Executive Power in Ukraine’.