Determinants of shaping the territorial division – administrative and legal approach

Author(s):  
Przemysław Niemczuk

The issue of territorial division as a legal issue is one of the key issues in considering the territorial organization of the state. It is one of the most important factors influencing the organization of the state. The process of shaping the territorial division is specific, complex and based on a number of diverse, variable determinants. The determinant of shaping the territorial division is any condition relevant to the territorial structure of the state, reflecting specific needs or values resulting from the specific features of the land. Considering the multiplicity of such premises, the number and variety of these determinants is considerable. The aim of the article is an attempt to identify and systematize these determinants. An attempt will be made to determine the importance of individual determinants on the shape of the territorial division and the relationships between them. On the one hand, these determinants determine the shape of the territorial division, on the other hand, the territorial division influences their formation, change or updating. Therefore, they form a coherent system of mutual response to the needs of shaping the territorial structure of the state.

2020 ◽  
Vol 12 (3) ◽  
pp. 432-447
Author(s):  
Oleksandr Pavlov ◽  
Tatiana Pavlova ◽  
Iryna Pavlova

AbstractThe process of decentralization of power and governance, which takes place in Ukraine through the voluntary unification of territorial communities, has laid the foundations for reforming the administrative territorial structure and territorial organization of power. Taking into account the state making nature of these transformations in the context of Ukraine’s European integration efforts, the article substantiates theoretical and applied fundamentals of branding of cultural tourism objects of the united territorial communities (UTC), reveals his role in constructing local identity of these social and spatial formations. The methodology of the study covers three main thematic blocks: legal and political foundations of the creation of a UTC; features of UTC branding; conceptualization and classification of brand projects of cultural tourism objects of the UTC. The factors that inhibit the branding process of cultural tourism objects of these communities were identified, conclusions were drawn, and perspective directions for further scientific exploration were outlined.


Author(s):  
Olesia Dolynska

The directions of perspective development of the territorial organization of the regional tourist complex of Khmelnytsky region are analyzed. As part of the regional tourist complex of Khmelnytsky region, we have identified point elements of the territorial structure: 2 bifunctional tourist nodes; 10 bifunctional tourist centers; 1 monofunctional tourist center; 17 bifunctional tourist points; 18 monofunctional tourist points. Four clusters are distinguished. The most complex territorial formations in the regional tourist complex of Khmelnytsky region are Khmelnytsky and Kamyanets-Podilsky bifunctional dispersed bushes. The main branch directions of perspective development of tourist activity of Khmelnytsky region are considered. As part of the improvement of the territorial organization of the regional tourist complex, it is necessary to pay attention first of all to the intensification of activities to complete the formation of existing tourist dispersed bushes. It is necessary to promote the establishment of Kamyanets-Podilsky as a tourist «superpoint» of the national level. It is advisable to form on the basis of this city a complex dispersed tourist bush, which should take a leading position in the development of tourism in the Khmelnytsky region. In order to reduce the polarization of the tourist regional complex, to promote the completion of the formation of tourist scattered bushes in other areas of the region. Of particular importance is its development on the basis of the regional center, which has the most favorable transport and geographical position in the region. It is expedient to build a primary network of tourist points and centers in the most promising 13 rural settlements, as well as to create two tourist clusters (Medzhibizh and Sataniv). Of particular importance is the development of a network of agricultural settlements, which will attract existing from the monuments of nature, history and culture. Thus, on the one hand, it is necessary to promote the establishment of Kamyanets-Podilsky as a tourist "superpoint" of the national level. It is advisable to form on the basis of this city a complex dispersed tourist bush, which should take a leading position in the development of tourism in the Khmelnytsky region. On the other hand, in order to reduce the polarization of the tourist regional complex, it is advisable to help complete the formation of tourist scattered bushes in other areas of the region. Of particular importance in this context is its development on the basis of the regional center, which has the most favorable transport and geographical position in the region. Also expedient, in our opinion, is the development of the primary network of tourist points and centers in the most promising 13 rural settlements, as well as the creation of two tourist clusters on the basis of the villages of Medzhibizh and Sataniv. Of particular importance in this context is the development of a network of agro-villages, which will involve in tourism activities of national importance monuments of nature, history, culture, as well as partially relevant monuments of local importance in the Khmelnytsky region. Key words: development, territorial organization, regional tourist complex, Khmelnytsky region.


2019 ◽  
Vol 21 (1(70)) ◽  
pp. 37-42
Author(s):  
P.V. ZHUK

Topicality. The need to reform subregional (district) level of administrative and territorial division of Ukraine is urgent as the result of forming of consolidated territorial communities and the change of liabilities division between the basic and district levels. Transition of the majority of liabilities from local governments to consolidated territorial communities has changed the nature and direction of communication links between the residents and authorities at the district level and contributes to reinforcement of district level of administrative and territorial units. Due to reforming of the system of administrative and territorial structure of Ukraine, a district becomes the territory of localization and functioning of state authorities. The major list of administrative, educational, medical, cultural and other public services will be provided at the basic rather than district levels.Aim and tasks. The paper aims to substantiate and outline the suggestions regarding the methodical approaches to reforming of the system of administrative and territorial units at subregional level in the context of local governance reform and authorities’ territorial organization reform conducted in Ukraine.Research results. The author analyzes the use of the concept of “district” in the context of administrative and territorial division and suggests its definition as administrative and territorial unit that is included into the higher-level units (Autonomous Republic of Crimea, oblasts, cities with special status) and is the territorial foundation for organization of activity of state authorities and local governments at subregional levels. District should include all administrative and territorial units of basic level located within its boundaries. Major principles, criteria and requirements to apply while forming the districts are suggested. Among those criteria and requirements, we outline the following: demographic capacity of a territory – usually between 150 and 800 thous. residents; transport accessibility of administrative center of the district from the most remote settlement – up to 1.5 hours (not exceeding 50-60km); the network of districts is reorganized without the change of oblasts’ boundaries; administrative center of a district is usually located closest to geographic (transport-geographical) center of district’s territory; administrative center of a district is usually the settlement with the highest economic and demographic capacity and developed infrastructure, which performed, performs or can perform the functions of subregional administrative center.An algorithm of modeling of new administrative districts is presented as the consequence of steps: 1) finding subregional centers – perspective centers of administrative districts (usually out of oblast significance cities); 2) zone of gravitation to oblast center with the radius up to 60km is considered as the territory of administrative district; 3) outside its boundaries the other districts are allocated according to gravitation zones of other perspective centers of districts; 4) there are also factors that substantially impact their functionality and efficiency of relevant authorities: natural-geographical, transport, economical, managemental, historical, demographic, infrastructural, etc.Conclusion. In author’s opinion, approaches to forming of administrative districts contribute to optimization of their network taking into account the changes in the functions of a district in the system of public authority division. Testing of these methodological approaches in the process of modeling of the new network of administrative regions shows an opportunity and reasonability of their reduction in Lvivska oblast from 20 to 7, in Ivano-Frankivska oblast from 14 to 4, in Ternopilska oblast from 15 to 4.


2020 ◽  
pp. 82-100
Author(s):  
Volodymyr SAVITSKYI

The philosophical basis of this research is the author’s perception of the state as a holistic social phenomenon in its systemic relationships. Considering the dimensional component of the state’s category, which is its territory, as one of mandatory sign of the state, the author considers the administrative-territorial structure as an external expression of the territorial organization of power. Substantiating the relevance of research, the author emphasizes that it takes place in real time during the election process and a short post-election period on the basis of the new administrative-territorial structure, which in itself proves the relevance of this work. In the absence of such scientific works to reflect the current realization of reform of the territorial organization of power, the author determines the purpose of the research as the need to obtain holistic and systematized initial information regarding reformed administrative-territorial structure and local government of Khmelnytskyi region. Reforming administrative-territorial structure of the region is considered in close connection with the administrative-territorial reform in Ukraine as a whole. The research is based on the norms of the Constitution and laws of Ukraine, acts of the Verkhovna Rada, the Cabinet of Ministers, and the Central Election Commission of Ukraine. Such data are analytically generalized: created and liquidated regions; formed territorial communities with the determined administrative centres and the disbanded territorial communities; the affiliation of the disbanded territorial communities to the formed territorial communities with the determination of the districts and cities, to which the disbanded communities according to the old administrative system belonged; number of regional councils at all levels in 2020 and number and status of councils elected in 2020; number of deputies elected in 2020 to regional councils at all levels; composition of city, town and village mayors elected for the first time, re-elected, number of men and women elected to these positions. The article is illustrated by the administrative map of Khmelnytskyi region according to the new administrative-territorial structure and seven tables that benefit better perception of its content.


Author(s):  
Marcin Sakowicz

The article presents changes in the territorial structure, especially in the local governments, that have taken place in selected countries of European Union in the last 20 years. Changes on the local level and adjustments on the regional level as experienced by unitary states (Scandinavian and Baltic states), federal states (Belgium), states with regional autonomy (Spain) and states that underwent devolution (United Kingdom) are presented. The territorial organization of European Union member states reflects differences in governing and managing structures adjusted to the characteristics of each state. The undertaken reforms relate on the one hand to political, economic and civilizational conditions, and on the other hand to brand new approach to fulfillment of the tasks of public administration (both governmental and self governmental) that would be the most effective, efficient and satisfying the needs of citizens. In many countries, particularly Scandinavian, reforms have been implemented aiming at decreasing of the number of communes.


2020 ◽  
pp. 76-86
Author(s):  
Oksana DESYATNYK ◽  
Yevhenii SHAPOVALOV

Introduction. The reform of local self-government and territorial organization of power has been implemented in Ukraine since 2015. Decentralization is one of the most important transformations in the European integration context and aims to form real local self-government, starting from the basic level – united communities. The formed united territorial communities have to be able to provide its competitions and public services at the appropriate level. Socioeconomic stability of the basic level of administrative-territorial structure heavily depends on the correspondence and balance between the received financial resources and competitions. At the same time, the state and trends of local budgets are influenced by legislation framework. Currently, the revenue part of local government budgets is too dependent on government programs and subventions, which makes it difficult for communities to independently stimulate local economic development. Also, the expected introduction of a market for agricultural land may lead to significant changes in the structure of tax revenues of the united communities of individual regions. The purpose. Іnvestigate trends in the formation of the revenue part of local budgets and find ways to increase the financial capacity of local governments in the context of reform of local government and territorial organization of power. Results. The state, problems, sources of revenues and further prospects of local budgets in Ukraine are studied. The main sources of revenue of local budgets, their economic nature, features of administration and possible threats in case of launch of the land market are identified. Topical issues of formation and possible ways and sources of further filling of the revenue part of local budgets are identified.


Author(s):  
О. В. Стогова

The author of the article analyzed the main stages of the formation of the administrative-territorial structure of Ukraine. The main works on the study of these issues are considered. The author notes that the characteristics of the main stages of the formation of the administrative-territorial division of Ukraine and the study of the influence on the current state and prospects of development remain out of researchers’ attention. The basic characteristics of the main stages of the formation of the administrative-territorial structure are highlighted, the essential disadvantages and advantages are identified. Particular attention is paid to the period of independence of Ukraine. The main legal acts which regulating the administrative-territorial structure of modern Ukraine are investigated. The analysis of the main stages of the formation of the administrative-territorial system in Ukraine makes it possible to draw the following conclusions: principles of administrative-territorial division and its purpose during XX century were fundamentally different from those which are advanced by the modern constitutional and democratic states, all attempts to reform the territorial organization of power during the twentieth century had the purpose to create a model which convenient to be managed from the center. Each stage is characterized by compliance with the requirements of the current political system, but not by the desire to meet the needs of citizens. In result of the European choice of Ukraine it was the need to introduce European standards into the system of regional and local development and the formation of effective local self-government. It has been established that the goal of the administrative-territorial structure is to provide citizens the maximum amount of quality services by authorities at all levels of government.


Author(s):  
K. S. Kholyavitska ◽  

The author of the article has outlined the problem of finding the most optimal model of the state for of government, because the necessary condition for stable development of society and effective functioning of the state is to ensure the balance between national interests and the interests of the population of regions and territorial communities. The preconditions, political history and periods of the formation of decentralized power in most European medieval states, scientific positions of national and foreign legal scholars on the expediency of implementing decentralization have been analyzed. It has been found out that the vast majority of Western European countries abdicate the unitary state model by introducing decentralization. The leading idea of reforming is to move the center of solving local issues to the local and, in particular regional level that is achieved by optimizing relations between different levels of territorial organization of power. National traditions, formation and functioning of public agencie in the past, specific features of administrative and territorial structure of the state, existence of autonomous territories, multiethnic population have a significant influence on the formation of the constitutional system on the basis of decentralization in the EU countries. The positive experience Poland, France, Italy, Latvia, Germany and Denmark has been studied. The author has theoretically substantiated that the principle of decentralization has been successfully implemented in the practice of the European Union countries. It has been indicated that the prerequisite for the successful implementation of decentralization processes to create an effective model of governance within the system of decentralized government of Ukraine is: the establishment of the rule of law principle; recognition and guarantees of local self-government; equal legal protection of all forms of ownership; democratic and effective electoral legislation; independence, efficiency, accessibility and transparency of the judicial system, functioning of administrative justice institutions; perfect budget process and high financial discipline; availability of adequate social standards; developed public sector and stable tendency towards its development.


2020 ◽  
Vol 2020 (10-2) ◽  
pp. 86-98
Author(s):  
Ivan Popov

The paper deals with the organization and decisions of the conference of the Minister-Presidents of German lands in Munich on June 6-7, 1947, which became the one and only meeting of the heads of the state governments of the western and eastern occupation zones before the division of Germany. The conference was the first experience of national positioning of the regional elite and clearly demonstrated that by the middle of 1947, not only between the allies, but also among German politicians, the incompatibility of perspectives of further constitutional development was existent and all the basic conditions for the division of Germany became ripe. Munich was the last significant demonstration of this disunity and the moment of the final turn towards the three-zone orientation of the West German elite.


Author(s):  
Jong Hak Lee ◽  
Jong Eun Kim ◽  
Chang Su Park ◽  
Nam Il Kim ◽  
Jang Won Moon ◽  
...  

Abstract In this work, a slightly unetched gate hard mask failure was analyzed by nano probing. Although unetched hard mask failures are commonly detected from the cross sectional view with FIB or FIB-TEM and planar view with the voltage contrast, in this case of the very slightly unetched hard mask, it was difficult to find the defects within the failed area by physical analysis methods. FIB is useful due to its function of milling and checking from the one region to another region within the suspected area, but the defect, located under contact was very tiny. So, it could not be detected in the tilted-view of the FIB. However, the state of the failure could be understood from the electrical analysis using a nano probe due to its ability to probe contact nodes across the fail area. Among the transistors in the fail area, one transistor’s characteristics showed higher leakage current and lower ON current than expected. After physical analysis, slightly remained hard mask was detected by TEM. Chemical processing was followed to determine the gate electrode (WSi2) connection to tungsten contact. It was also proven that when gate is floated, more leakage current flows compared to the state that the zero voltage is applied to the gate. This was not verified by circuit simulation due to the floating nodes.


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