ECONOMIC AND CONSTITUTIONAL-LEGAL ASPECTS OF THE PUBLIC ADMINISTRATION OF TERRITORIAL COMMUNITIES UNDER THE CONDITIONS OF MARITAL LAW
The article proves that the effective functioning of territorial communities is possible only under certain prerequisites and conditions, which together form the basis of local self-government. That is, under the foundations of the administrative-territorial reform started in 2014, we understand the opportunities and conditions objectively created in society, the totality of which formed the basis on which the entire system of local self-government development is built, including territorial communities, as the basic link of such a system.
The purpose of the article is the need to deepen the relevant scientific research in order to clarify the economic and constitutional and legal aspects of the public management of territorial communities in the conditions of martial law. The main research methods used in the article are the methods of induction, deduction, abstraction, analysis and synthesis.
The main feature of the decentralization reform is a new approach to the distribution and implementation of power and other management functions, which involves a departure from the hierarchical system of management and organization of power, a high degree of independence of a number of subjects while reducing the scope of control and supervision of their activities. According to the decentralized model of the organization of power, a higher authority cannot interfere in the activities of a lower authority, cannot carry out administrative activities in relation to it, cannot issue orders or orders. The limits of self-government of bodies performing tasks according to the principles of decentralization of state administration are determined by control measures.
The article focuses on the fact that in areas where martial law has been imposed, in order to ensure the effectiveness of the Constitution and laws of Ukraine, the establishment and implementation of measures of the legal regime of martial law, defense, public safety and order together with the bodies of military administration, protection of rights, freedoms and legitimate interests of citizens, the President of Ukraine can create temporary state bodies - military administrations.
It was also established that in the conditions of martial law, territorial communities demonstrated effective activity in terms of interaction with state authorities, military organizations, public associations in the implementation and protection of rights, freedoms and ensuring the livelihood of the community population. This became the basis of the successfully implemented administrative and territorial reform and the establishment of new foundations in public administration.
2. Shchur, R.I. Finances of united territorial communities in the conditions of decentralization in Ukraine. Ternopil, Osavtsa Yu.V. 2019.
3. Lazor, O. D. Institutionalization of public self-governing power in Ukraine: monograph. Lviv, LRIDU NADU, 2009.
4. Shchur, R. I. “Territorial community as an institutional subject of financial relations.” Economics and management, no. 3, 2017, pp. 42-47.
5. “Constitution of Ukraine.” The Verkhovna Rada of Ukraine, zakon5.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80. Accessed 17 March 2023
6. Beschastnyi, V. M. “Constitutional principles of the organization and exercise of public power in Ukraine in the practice of the Constitutional Court of Ukraine (separate aspects).” Legal principles of the organization and exercise of public power: a collection of theses of the V International Scientific and Practical Conference. Khmelnytskyi, Leonid Yuzkov Khmelnytskyi University of Management and Law, 2022, pp. 40-43.
7. Zhmaeva, M.Yu. “Decentralization as an effective mechanism of functioning of public authority.” Materials of the scientific and practical round table "Best practices of decentralization: experience of EU countries for Ukraine". Sumy, , 2022, pp.15-17.
8. Boryslavska, O. Decentralization of public power: experience of European countries and prospects of Ukraine. Swiss-Ukrainian project "Support of decentralization in Ukraine - DESPRO". 2012.
9. "On the introduction of martial law in Ukraine. Decree of the President of Ukraine dated February 24, 2022 No. 64/2022 " President of Ukraine, www.president.gov.ua/documents/642022-41397. Accessed 18 March 2023
10. "On the Legal Regime of Martial Law. Law of Ukraine dated May 12, 2015 No. 389-VIII ." Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/show/389-19#Text. Accessed 18 March 2023.
11. "On the formation of military administrations. Decree of the President of Ukraine dated February 24, 2022 No. 68/2022 ". President of Ukraine, www.president.gov.ua/documents/682022-41405. Accessed 18 March 2023
12. Law of Ukraine dated February 3, 2015 No. 141-VIII "On military-civilian administrations" // Bulletin of the Verkhovna Rada (VVR). 2015. No. 13. Article 8. Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/show/141-19#Text. (date of application: 18.03.2023).
13. "On approval of the Procedure for financial support of the activities of military 63 administrations. Resolution of the Cabinet of Ministers of Ukraine dated 01.04.2022 No. 397 ". Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/show/397-2022-%D0%BF#Text. Accessed 21 March 2023
14. "On Local Self-Government in Ukraine . Law of Ukraine dated May 21, 1997 No. 280/97-VR " The Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/show/280/97-%D0%B2%D1%80#Text. Accessed 21 March 2023
15. "On Amendments to Certain Laws of Ukraine Regarding the Functioning of the Civil Service and Local Self-Government During Martial Law. Law of Ukraine dated May 12, 2022 No. 2259-IX". Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/show/2259-20#Text. Accessed 22 March 2023
16. Melnyk, V., Kriuchkov, N., and R. Shchur. “Peculiarities of forming total revenues of united territorial communities in Ukraine under current conditions of transforming the system of public finances.” Financial and Credit activity-problems of theory and practice, vol. 2, issue 33, 2020, pp. 215-222.
17. Pryphan, I.I. “Constitutional protection of the morality of the population.” Carpathian Legal Gazette, no.2, 2015, pp. 33-37.
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution NonCommercial NoDerivs 4.0 Unported License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access)