UP-TO-DATE STATE OF THE REFORM OF THE DECENTRALIZED STRUCTURE OF UKRAINE: EXISTING SHORTCOMINGS AND OBSTACLES IN IMPLEMENTATION

2018 ◽  
Author(s):  
Serhii Boldyriev ◽  
◽  
Serhii Chubar ◽  
Keyword(s):  
Central Government ◽  
Fiscal Decentralization ◽  
Scientific Work ◽  
The State ◽  
Public Authorities ◽  
Decentralized System ◽  
Existing Problems ◽  
Territorial Boundaries ◽  
Legislative Changes ◽  
State Of Affairs

Up-to-date state of implementation of the reform of the decentralized structure of Ukraine in this scientific work has been analyzed. A professional analysis of the current state of affairs regarding the implementation of decentralization has been provided in this research. Significant shortcomings, obstacles and risks have been identified, which have a regressive character in the process of obtaining decentralization achievements. Trends in socio-economic and financial development and threats in Ukraine have been identified, taking into account the economic crisis, the pandemic caused by COVID-19, and foreign economic activity. The article dealt with essential legislative changes to the Constitution of Ukraine, which in the future will be able to solve existing problems, described the importance of the delimitation of competences and powers of central government and local government. A vast majority of the issues have been identified regarding the expediency of enlarging the administrative-territorial boundaries of the state, eliminating duplication of powers by various public authorities. It has been stated about the need to introduce reasonable and balanced fiscal decentralization in Ukraine, which will be able to provide Ukrainian society with opportunities for financial growth, stability, ability to develop and meet the needs of the community of the required quality and quantity. The scientific work has been identified the need to include in the Constitution of Ukraine a provision on the prevalence of a decentralized system of public power. It is essential to enshrine in the articles of the constitution the specific powers of local authorities, which would provide legal guarantees in their activities. The article describes that the change of administrative-territorial boundaries of the state causes a number of obstacles that may become critical in the exercise of powers by public authorities. It has been determined that for the introduction of fiscal decentralization in Ukraine it is necessary to unquestioningly adhere to the principle of subsidiarity, which should specify the scope of powers of public authorities and serve as a tool to curb the centralized system of public administration.

IMEMO in Early 1990s (continued)

2015 ◽  
pp. 101-110
Author(s):  
P. Cherkasov
Keyword(s):  
Political System ◽  
Central Government ◽  
The State ◽  
Political Crisis ◽  
The Political ◽  
Public Authorities ◽  
General Terms ◽  
Social Liberalism ◽  
The Government ◽  
Soviet Russia

The article analyzes IMEMO activities in 1992–1993, when in Russia, under the influence of both radical economic reforms and drastic weakening of the central government, a deep political crisis emerged and gained a dangerous traction, fraught with the death of a young democracy and even the collapse of the state. Under these conditions, along with economic issues, the politological research came to the fore in IMEMO – the analysis of the country's new political system, the definition of its development vector. The Center of Socio-economic and Socio-political Research of IMEMO headed by German Germanovich Diligenskii played the major role in this work. Analysts of the Center prepared a number of recommendations for public authorities concerning the creation and development of a new democratic political system in Russia. IMEMO experts paid the utmost attention to the nature of the political crisis that arose in the post-Soviet Russia in late 1991, and the ways to overcome it. In January 1993, the results of the study were presented to the discussion at the Academic Council. It was agreed that one of the main causes of the political crisis in the country was the social tensions worsening, as a consequence of the “shocking therapy” conducted by the government of Gaidar in 1992. In the discussion on the political outlook German Diligenskii, rejecting the possibility of the old command-administrative system restoration, substantiated a probability of transformation of the "market democracy" not yet established in Russia into the "authoritarian monopoly or monopoly-bureaucratic system". Noting the disunity of democratic forces, weakness of the entrepreneurial class, largely dependent on the state, Diligenskii formulated a program for uniting all adherents of “arket democracy” under the slogan of "social liberalism", which would take into account Russian specifics. Consolidation of democracy and market economy in Russia is impossible without preservation of the state territorial integrity and consolidation of the central government, with a clear division of functions and powers of its constituent branches. Monopolization (usurpation) of all power by one of the branches – legislative or executive – should not be allowed. The victory of any of them in any case would mean the defeat of democracy. Such was, in general terms, the position of IMEMO in the face of the 1992–1993 political crisis. Acknowledgement. The publication was prepared as part of the President of Russian Federation grant to support the leading scientifi c schools NSh-6452.2014.6.

scholarly journals Samorząd zawodowy i gospodarczy w Polsce po 1989 roku

2018 ◽  
pp. 49-58
Author(s):  
Robert KMIECIAK
Keyword(s):  
Legal Status ◽  
Central Government ◽  
Public Law ◽  
Transformation Process ◽  
The State ◽  
Public Authorities ◽  
Civic Society ◽  
Governing Body ◽  
Professional Self ◽  
Decentralization Reform

One of the greatest achievements of the socio-political transformation process in Poland is the profound decentralization of public governance. In administrative law, decentralization is perceived as a system with a larger number of independent hubs, vested with competences in terms of public law, and a single center. Therefore, decentralization is a process of delegating certain public functions which formerly were reserved for the central government to groups of citizens organized in corporations. Although local government exemplifies decentralization it is not a one-dimensional no- tion that refers exclusively to territorial relations. In the system of representation specialized self-government bodies, formed with different criteria, play a highly significant role represen- ting the interests of various groups. They are divided into self-governing bodies focused on the economy and the professions. Formal and legal homogeneity, though, does not translate into the appropriate political position of these two forms of self-governing bodies in Poland. While the professional self-governing body is clearly an association governed by public law, the so-called economic self-governing body is based on concepts that emphasize the volunta- ry nature of the ties between entrepreneurs, associated in chambers of commerce. The differences in their legal status and the resulting powers bear no influence on the fact that both economic and professional self-governing bodies are now facing equally serious threats in Poland. In both cases these are related to how the state approaches the extra-territo- rial form of decentralization. We can speak of different motivations here. The state, or rather the state administration, is excessively interested in the professional self-governing bodies and is curbing the autonomy they have traditionally been vested with. The situation is quite different with respect to the economic self-governing bodies, where the public authorities are scarcely interested in becoming involved in supporting them. It should be realized then, that the success of Polish decentralization reform will only be complete when all forms of self-government develop harmoniously irrespective of the rela- tions between their members, whose empowerment will serve democracy and strengthen civic society.

scholarly journals Constitutional and legal principles of regionalization in European countries: structural and functional characteristics of the mechanism of public power

2021 ◽  
Author(s):  
A. A. Grynchak
Keyword(s):  
Local Governments ◽  
Local Level ◽  
The State ◽  
European Countries ◽  
Federal State ◽  
Public Authorities ◽  
Public Power ◽  
Decentralized System ◽  
The Public ◽  
Democratic State

The article analyzes the basic principles of regionalization in European countries and highlights the key features of the mechanism of functioning of public authorities in the context of regionalization. The European experience convincingly shows that an effective decentralized system of territorial organization of public power and administration is an integral part of a modern democratic state governed by the rule of law. The institutional basis for such a system is effective local government and balanced regional development. Decentralization and regionalization are interconnected: regionalization cannot occur without decentralization. Regionalization is, in fact, decentralization, taking into account the regional characteristics of the state. Based on the principle of division of powers, for each democratic state it is necessary to delineate the competence of public authorities. In turn, it is extremely important to determine the optimal level of concentration of power powers for each institutional link in the public power system - with the subsequent transfer of “excess” powers to the subjects as close as possible to the population, that is, their decentralization. Regionalization means a way of defining and delimiting tasks and functions, in which most of them are transferred from the level of central bodies to a lower level and become their own tasks and powers of lower-level bodies, in particular, regions. Governance at the local level and in local affairs can be carried out in two ways: both by officials of the state apparatus appointed “from above”, functioning “on the ground” (officials of state authorities), and by local governments and other entities authorized by the state. It can also be noted that the share of administrative activities is assigned to regional bodies or other state-authorized entities. This decentralization of power in the state contributes to the development of democracy, because there is an expansion of the influence of territorial communities, social groups and the public on the implementation of public functions of government in order to optimally meet the diverse needs of the population. Regionalization is associated with the process of redistribution of public power resources (including power) between different levels and centers of public power in two directions: from the state to its internal formation (autonomies, subjects of the federation), and also from the state to cross-border structures and international centers public authorities (trans-European regions, international organizations, transnational corporations). Regionalism should be understood as an interconnected political and economic system that ensures the special status of regional entities in the political system of the state, the participation of regions in the implementation of state power, European integration and international relations, their relative economic and fiscal independence in a unitary and/or federal state. Regionalism is also expressed in policies that stimulate the endowing the regions with a certain degree of political independence. Regionalism is associated with the desire and movement of regions towards freedom of self-government, preservation and respect of their traditional culture and peculiar institutions.

scholarly journals An Overview of the Fiscal Decentralization in the Context of the State and Local Taxes in Ukraine

2021 ◽  
Vol 1 (516) ◽  
pp. 251-257
Author(s):  
T. V. Ponomarova ◽  
◽  
M. A. Komlieva ◽  
Keyword(s):  
Fiscal Decentralization ◽  
Local Level ◽  
State Level ◽  
The State ◽  
Local Taxes ◽  
Tax Revenues ◽  
State And Local ◽  
Legislative Changes ◽  
Decentralization Reform ◽  
The Impact

One of the key elements of the analysis of the efficiency of reforms at the State level is the effectiveness and a shift in quantitative indicators of the relevant statistical categories. In Ukraine, the period after 2014 is considered to be the time of legislative changes and reforms. Among them, according to experts and politicians, the most successful is the decentralization reform. Its implementation is based primarily on changes in the taxation system both at the national and local levels. Accordingly, the main indicator of achieving the goals of fiscal decentralization can be considered changes in the structure of tax redistribution between the local and the State budgets. This article provides an assessment of the level and dynamics of the main types of taxes as to their proportion between different levels of fiscal centralization. In the course of the research, a comparative analysis of rates and monetary measurement of both the national and local taxes and fees was carried out. The authors account tax revenues in a geographical context and during the last eight years, which allows assessing the impact of the reform on the amount of taxes collected, identifying the leading regions, as well as tracking the taxation trends. As a result of the research, it is found out that fiscal decentralization since the beginning of its implementation has been a significant factor in the growth of tax revenues in local budgets. Nevertheless, personal income tax prevails among fiscal fillers of budgets at the local level, so the problems of unemployment and lack of jobs in times of coronavirus crisis pose a challenge for the financial security of territorial communities. Further research on the topic is considered promising given the effectiveness of combining the benefits of fiscal decentralization with the relevant instruments of the State support to increase the local budget funds.

scholarly journals Personal income tax management in Ukraine on the game theory basis

2018 ◽  
Vol 7 (1) ◽  
pp. 41-48
Author(s):  
Olena Tymchenko ◽  
Yuliia Sybirianska ◽  
Yevheniia Polishchuk ◽  
Nataliia Rudyk ◽  
Volodymyr Korotun
Keyword(s):  
Game Theory ◽  
Local Governments ◽  
Income Tax ◽  
Central Government ◽  
Fiscal Decentralization ◽  
The State ◽  
Personal Income ◽  
Personal Income Tax ◽  
Different Types ◽  
The Game Theory

One of the main problems of the fiscal decentralization in Ukraine is the substantiation of the optimal proportion of the personal income tax distribution among the state and different types of local budgets in order to insure the sufficient financial resources for the territorial communities. Since period of the Budget Code adoption, the percentage of the personal income tax paid from salaries to the different levels of budgets has changed three times. However, the methodic of such distribution is not clear. The authors suggest approach of analyzing the logic of the personal income tax distribution on the game theory basis. They consider different ways of making decisions and prove that in all of the analyzed cases the winner was the central government of Ukraine. Such behavior of the central government in making decisions does not meet the goals of the fiscal decentralization reform. The main reason of such situation is that the decisions are made by the state government, but not by the local communities or their representatives. Besides, it is difficult to distribute the expenditures among different types of budgets according to the Governments’ competences. The authors suggest some recommendation of the personal income tax distribution in order to ensure benefits for all participants of the game: communities, local governments and central government. But they conclude that the active influence of people on the behavior of the local governments is the basic premise for the scientific research of the PIT optimal distribution.

scholarly journals PENATAAN KEWENANGAN PEMERINTAH DAERAH BIDANG PERTANAHAN DI MASA MENDATANG

2014 ◽  
Vol 6 (1) ◽  
Author(s):  
Musleh Herry
Keyword(s):  
Public Policy ◽  
Local Government ◽  
Public Interest ◽  
Government Regulation ◽  
Central Government ◽  
The State ◽  
Decentralized System ◽  
Regional Autonomy ◽  
The Public

Making a policy (regelgeving) is one of the functions of government. The fact that all citizens are  always  in contact with the  public policy  issued  by  governments, particularly concerning public interest. The development of the concept of state right to control the land started  from  the constitution which is then poured in the Agraria Law. Tenure by the State is not only done by the central government, but also by the local government  through a process of devolution of authority  in line with  the spirit of  regional  autonomy laws. However, with the issuance of Government Regulation No. 38 of 2007,  the fact that majority of  the state's power in land  still held by the central government on behalf of  the state. This realitiy shows  that the governenment failed  to establish a decentralized system in the land sector.

scholarly journals CONDITIONS FOR THE OCCURRENCE OF OBLIGATIONS TO COMPENSATE FOR DAMAGE CAUSED BY LAWFUL ACTIONS OF STATE BODIES, AS WELL AS THEIR OFFICIALS

THE BULLETIN ◽  
2021 ◽  
Vol 3 (391) ◽  
pp. 165-169
Author(s):  
Magomed Yakhyaevich Yakhyaev
Keyword(s):  
Scientific Literature ◽  
The State ◽  
Legal Analysis ◽  
Public Authorities ◽  
Public Interests ◽  
Scientific Methods ◽  
Existing Problems ◽  
General Scientific ◽  
The Right ◽  
Subjective Rights

Сhanges in civil legislation have created a separate type of tort obligations, in which the state compensates for damage caused to the person or property of a citizen or the property of a legal entity by lawful actions of public authorities. Along with the tort obligations that are well covered in the scientific literature, these issues concerning the lawful actions of the State that cause harm to citizens or legal entities are ignored. In the article, the author conducts a comparative legal analysis of the conditions for the emergence of obligations to compensate for damage caused by lawful actions of the state. The research is based on general scientific methods of cognition, as well as special legal ones (comparative legal, technical legal, formal legal). On the basis of the conducted research, the author draws conclusions about the legal nature of the obligations under study, and also makes an attempt to identify the existing problems of the emergence of obligations to compensate for damage caused by lawful actions of state bodies. The main problem of the study of obligations to compensate for harm is to determine the conditions of their occurrence, the characteristics of lawful harm caused by state bodies, leading to the emergence of obligations to compensate for harm. Obligations to compensate for rightfully caused harm are conditioned by the protection of subjective rights. These obligations exist for the purpose of compensation for the restoration of the right violated by the lawful actions of State bodies in the event that public interests prevail over personal ones. Examining tort obligations, as the most widely covered in the scientific literature, it was concluded that they are very similar to obligations for compensation for rightfully caused harm, and pursue the same goal: restoring the position of the injured person.

scholarly journals INTERNATIONAL EXPERIENCE IN PROVIDING FINANCIAL SUPPORT FOR LOCAL INVESTMENT PROJECTS

2021 ◽  
Vol 7 (167) ◽  
pp. 8-13
Author(s):  
V. Dubishev ◽  
I. Ostrovskyi
Keyword(s):  
Central Government ◽  
Fiscal Decentralization ◽  
The State ◽  
Financial Policy ◽  
Investment Projects ◽  
High Resource ◽  
Loan Financing ◽  
Labor Resources ◽  
Individual Economy ◽  
Budget Decentralization

The article considers the relationship between modern processes of budget decentralization and macro-financial policy of Ukraine. The focus on deepening decentralization processes in Ukraine remains unchanged. This emphasizes the use of the State Strategy for Regional Development for 2021-2027. The theoretical foundations of budget decentralization were introduced in the works of C. Tibet, W. Oates, E. Bracco, W. Tanzi, A. Aristovnik and other Western researchers. C. Oates defined the decentralization of fiscal powers as a benefit that could lead to a reduction in the size of the central government. This means reducing the tax burden by increasing competition from tax jurisdictions. For quantification at the level of an individual economy, it is possible to use the index of fiscal decentralization. This index consists of two sub-indices: the self-sufficiency index and the index of importance of subnational budgets. The OECD Fiscal Decentralization Database can be used as a source of information on fiscal decentralization. A retrospective analysis of economists has shown an increase in the index of fiscal decentralization and an improvement in the state of subnational entities in a favorable macroeconomic situation. On the contrary, the crisis worsens the conditions of subnational entities and is accompanied by a decrease in this index. With the beginning of the pandemic, there was a crisis situation regarding the macroeconomic support of further decentralization processes. Long-term social problems are deepening: demographic negatives, increasing external outflow of labor resources, shrinking the country's economy, progressive deindustrialization, high resource intensity of production, in particular, low energy efficiency, growing debt burden. The most destabilizing role is played by military events in the east of the country. High regional disproportion logically leads to a violation of the single economic space of Ukraine. The size of the budget deficit and public debt is increasing. The crisis has a significant impact on all macroeconomic processes, in particular, on the macro-financial stimulation of budget decentralization processes. The urgent task is to establish effective coordination of fiscal and monetary policy, as well as increase the capacity to attract loan financing. Extreme conditions force us to temporarily give up strategic intentions as such, which are not urgent. Public-private partnership can get another chance to become an effective mechanism of social interaction. Increasing competition between budgetary institutions and private institutions in these areas has the potential to increase the quantity and quality of public services.

scholarly journals ADMINISTRATION OF THE STATE DISPROPORTIONATELY TO THE DEVELOPMENT OF REGIONAL SOCIO-ECONOMIC SYSTEMS IN THE RUSSIAN FEDERATION

2018 ◽  
pp. 49-51
Author(s):  
V. I. Belov
Keyword(s):  
Russian Federation ◽  
Economic Security ◽  
Regional Governance ◽  
The State ◽  
Standard Of Living ◽  
Economic Systems ◽  
Public Authorities ◽  
Existing Problems ◽  
The Russian Federation

The article is devoted to the peculiarities of development of regional socio-economic systems in the Russian Federation, primarily related to the disproportion of development. The author proposes to solve the existing problems of regional governance, including by improving the methodological tools to measure the standard of living of the population, as inaction or inadequate policies on the part of public authorities can harm the economic security of the country.

scholarly journals Resistances to Gender Mainstreaming: An Analysis of the Trend of Women Engagement in Participatory Gender-Responsive Budgeting in Bangladesh

2020 ◽  
Vol 1 (2) ◽  
pp. 53-66
Author(s):  
Shuvra Chowdhury
Keyword(s):  
Central Government ◽  
Fiscal Decentralization ◽  
Local Level ◽  
Research Strategy ◽  
Gender Mainstreaming ◽  
Reform Agenda ◽  
Government Organizations ◽  
Existing Problems ◽  
Local Government Level ◽  
Government Level

Gender Responsive budgeting (GRB) is among a few approaches for gender mainstreaming that has been introduced by the governments around the world or international funding organizations to institutionalize gender equality in public reforms. The formal processes of planning and budgeting at the Union Parishad (UP) - the lowest administrative tier of Bangladesh- offer general citizens to raise their demands at the local level. Besides, there is a provision that a 30% fund will be earmarked for women. In this paper, the case of UP gender budgeting practice was analyzed from a gender perspective. On the basis of case oriented qualitative research strategy, this was an empirical study of 06 (six) UPs of three different districts of Bangladesh. The data of this study indicated that members of the Non-Government Organizations (NGO) played a catalyst role in enhancing the access of women in the UP planning and budgeting processes. Along with the existing problems of local-level planning, lack of fiscal decentralization including resource constraint, absence of women development funding, the absence of women administrative officers at the different layers of government offices and obstacles and resistances in religion and patriarchal dimensions are inhibiting women to participate in the participatory processes. For implementing the GRB reform agenda suggestions are made for creating independent women budget groups at the local government level and researching on a broader perspective on GRB issues at the central government level.   

Sign in / Sign up

Export Citation Format

Share Document