ON THE ISSUE OF INTERACTION BETWEEN STATE EXECUTIVE AUTHORITIES AND LOCAL SELF-GOVERNMENT BODIES IN UKRAINE AND THE EU COUNTRIES

Abstract

The purpose of the article is to study the mechanism and problems of interaction between public executive authorities and local self-government bodies in Ukraine and to determine the specifics of its implementation in the EU countries with a view to possible implementation of the European experience into the national legislation of Ukraine. Methodology. The study is based on the analysis of the legal framework and theoretical provisions on defining the system and guarantees of state executive authorities and local self-government bodies in Ukraine, the principles of organisation and operation, legal status and responsibility of such bodies and officials. The system of local self-government bodies in Ukraine and the EU countries, as well as the specifics of the territorial structure of some of these countries (in particular, France and Germany) are studied. It is emphasised that local self-government in the State is a significant indicator of the level of centralisation or decentralisation of State power, the level of democracy, the content of the existing political regime, and the prevalence of democratic or autocratic tendencies. A high level of development of local self-government ensures the democratic nature of the political regime and is a manifestation of the democratic policy of the State. The article analyses the problems of legislative support for interaction between public authorities and local self-government bodies, distribution of powers between them, and identifies ways to improve them. Results. In the course of studying the mechanism and problems of interaction between state executive authorities and local self-government bodies in Ukraine and the EU countries and based on the analysis of the current regulatory framework, the author substantiates the need to reform the system and principles of cooperation between local state administrations and local self-government bodies in Ukraine. The author emphasises the need to bring domestic legislation in line with international standards. Based on foreign experience and analysis of Ukrainian legislation, the author concludes that the ways to overcome the problems of interaction between state executive authorities and local self-government bodies in Ukraine include: the need for a certain level of independence of local authorities in the ways they exercise their powers; and a clear delineation of the functions of local state administrations and local self-government bodies at the legislative level; legislative regulation of regular close cooperation between the government and local self-government bodies; introduction of effective mechanisms for coordinating decisions of central and local executive authorities; settlement of the problem of delegation of executive powers to local self-government bodies; creation of a mechanism for effective state control over the legality of the exercise of powers by local self-government bodies. Practical implications. The paper provides proposals for taking into account the experience of the EU countries regarding the interaction of local self-government bodies with public authorities. This is especially true with regard to maintaining a balance in terms of the optimal combination of functions, rights and obligations of such bodies, as well as the balance between state control over the activities of hromadas of villages, towns and cities (which exercise local self-government) and a certain level of independence of local authorities in the ways they exercise their powers. Value / Оriginality. The article provides proposals for amendments to the legislation of Ukraine in the field of local state administrations and local self-government. This applies, in particular, to the issue of harmonisation of the provisions of the following Laws of Ukraine: "On Local Self-Government in Ukraine" of 21.05.1997, No. 280/97-ВР and “On Local State Administrations” of 9 April 1999, No. 586-XIV.