ФУНКЦІЇ ОРГАНІВ МІСЦЕВОГО САМОВРЯДУВАННЯ В КОНТЕКСТI ПРОВЕДЕННЯ РЕФОРМИ ДЕЦЕНТРАЛIЗАЦIЇ

Abstract

Local self-government is one of the central institutions of public authority undergoing reform. Decentralization reform in Ukraine is one of the priorities of the state, which will promote both the development of local self- government and the economic development of the country as a whole. The key to reforming the basic level of local self-government is to bring together a small number of local councils, which will be able to assume most of their powers. that is, the transition to a new phase of decentralization reform involves a change of territorial structure at district and community level, a clear delineation of powers and functions of control at different levels of government, and the development of forms of local democracy. It is not only about finding new directions of local self-government activity, but also about updating existing ones, filling them with new content that will meet the needs of society.

The Law of Ukraine “On Local Self-Government in Ukraine” lacks a clear list of functions of local self-government. The availability of such functions can be interpreted based on the powers of local governments. This position of the legislator is not justified, since the concepts of "powers" and "functions" have different meaningful content.

That is, it is very important to differentiate between the functions and powers of local self-government bodies as well as local state administrations. Such inconsistencies may arise between district state administrations and local governments of villages, settlements and cities (district subordination), district councils; between regional state administrations and local self-government bodies (regional subordination) and regional councils. This situation is that the old mechanisms for delimiting the functions and powers of local authorities have been ineffective and the new ones are not yet operational. The main disadvantages of the current system of distribution of competences between local self-government bodies and local state administrations are: unclear distribution of powers between local and state authorities at subregional and regional levels; imperfect system of control over the activity of local self-government bodies; the imperfection of the institute of delegation of powers and the corresponding means of restraint and counterbalance; unification of powers of local self-government bodies of territorial communities irrespective of their category, population and material support.

And after the adoption of a number of laws on decentralization of powers, duplication of powers and functions between local governments at different levels and executive authorities will be eliminated therefore, an important issue in local government development is the consolidation of the system of its functions at the legislative level. Fixing functions as real legal instruments is the legal guarantor of their implementation. The functions of local governments include a broad cultural and social content, since they contribute to the development of democracy in society and to the realization of the rights of the territorial community.