DELEGATION OF POWERS BETWEEN PUBLIC AUTHORITIES: MODERN INSTRUMENTS

Author(s):  
Anna Munko ◽  

The article is devoted to substantiation of existing shortcomings in the mechanisms of delegation of powers between public authorities and local governments in Ukraine and the development of proposals for tools to improve them based on the analysis of foreign experience. Delegation mechanisms in Ukraine are imperfect, which is accompanied by problems such as legal conflicts, duplication of functions of local governments and local executive authorities at various levels, reduced financial self- sufficiency of local governments, imbalance of powers, which ultimately leads to increased corruption risks and reduced quality of provision. public services to the population. To confirm the imbalance of delegated powers of local governments, the calculation of the "vertical imbalance" of local budgets is used as a share of transfers from the state budget in the total local budget revenues. The article suggests ways to solve the problems of delegation of powers between public authorities and local governments in Ukraine is possible, in particular through the introduction of tools tested by positive foreign experience. Among such tools is the development of a single law on delegated powers, which will regulate the procedure and conditions for delegating powers to public authorities, local governments and their officials, in particular, the proposed structure of such a law by sections. It is also proposed to apply the practice of municipal contracts and outsourcing to increase the efficiency of management processes during the delegation of powers, and to follow the Carlton principle when delegating powers between government officials. The basic principles of delegation of powers, and also elements of the municipal contract are defined. Peculiarities of indirect delegation of powers (subdelegation) as one of the complex but successful trends in foreign practice of public administration are given.

2020 ◽  
pp. 18-30
Author(s):  
INNA O. SHKOLNYK ◽  
NATALIIA G. VYHOVSKA ◽  
YULIIA S. HAVRYSH ◽  
ANDRII O. IVANCHENKO

In modern conditions, the role of transparency of both public and local finances is growing significantly, which is a tool to increase the efficiency of financial resources, which confirms the analysis of Ukrainian and foreign studies. In Ukraine, the level of transparency is improving every year and as of 2019 is assessed by international organizations as the minimum allowable. At the same time, the level of transparency of local budgets differs significantly in different regions. To improve the situation and implement best practices in the field of transparency of public finances at both the state and local levels, it is important to analyze the foreign experience of those countries that are leaders in ratings of transparency of public authorities and transparency of the budget process. The paper analyzes the experience of the Office of the Public Accountant of Texas (USA), the Treasury of New Zealand, and the Treasury of the Republic of South Africa, which according to the open budget rating provided by the International Budget Partnership are among the 10 most transparent countries. Analysis of the content of the information portal of the Texas Public Accounts Controller Office showed a separate section “Transparency” with a detailed presentation of information in terms of key blocks of revenues and expenditures, state budget and finances, information on the formation and use of funds in all localities, information on budget deficit as well as information on transparency at the level of individual settlements, school districts, etc. A comparative analysis with the state of transparency of Ukrainian government agencies responsible for the development and implementation of fiscal policy and identifies weaknesses and strengths in terms of their transparency. It is established that the openness of the process of using public finances in Ukraine is gradually increasing, while the positions in the world transparency rating are also improving. However, the conceptual difference between building sites in the countries analyzed is that they report to taxpayers in a form that is accessible to them, rather than simply covering available information without comment or explanation. Keywords: open budget, participation, public finances, rating, fiscal policy.


2021 ◽  
pp. 31-34
Author(s):  
Volodymyr HORYN ◽  
Nataliia KARPYSHYN

Introduction. Given the limited own resources of local self-government, it is important to ensure the effective functioning of the mechanism for providing investment subventions from the state budget. Such investment subventions include subventions for the formation of infrastructure in the united territorial communities and subventions for the implementation of measures of socio-economic development of separate territories. The purpose of the paper is the analysis of the mechanism of providing and using investment subventions to local budgets in order to identify disadvantages and eliminate them. Results. Providing an “infrastructure” subvention to local budgets has strengthened the capacity of united territorial communities and to some extent improved the quality of services provided to the population. During 2016–2019, UAH 6.5 billion was allocated from the State Budget of Ukraine to local budgets for infrastructure development and 9475 projects were implemented. With the help of these subventions, schools, kindergartens, outpatient clinics, cultural and sports institutions, water mains and roads were built and repaired, and specialized transport was purchased. However, in recent years, the role of this subvention has decreased significantly due to the fact that the number of UTCs that received an infrastructure subvention during 2016–2021 has increased significantly, and its volume has hardly changed. The amount of subventions from the state budget to local budgets for the implementation of measures for socio-economic development of certain territories has also decreased, which negatively affects the capacity of local governments in the field of investment projects. Conclusion. The volume of investment subventions remains insufficient, and their distribution is partly in a “manual mode”, which creates a favorable environment for political corruption and lobbying.


2021 ◽  
Vol 6 (1) ◽  
pp. 58-66
Author(s):  
Mohd. Idris Dalimunthe

This study aims to determine partially and simultaneously the effect of the adoption of government accounting standards (X1) and the quality of the local government apparatus (X2) on local government financial reports (Y). The type of research used is associative. The population in this study were all employees in the Pamatang Silima sub-district office, Simalungun Regency, as many as 70 people. The sample of this study is employees who meet the criteria of 32 employees. Types of data used in this study are primary data. The data source used in this study is primary data. The technique used by the author to collect the data needed in research is a questionnaire. This study uses multiple linear analysis techniques using SPSS Version 21. The results show that partially government accounting standards (X1) have a significant effect on local government financial reports, the quality of local government apparatus (X2) influences and not significantly on local government financial reports . And simultaneously government accounting standards and the quality of local government officials affect the financial statements of local governments.


Author(s):  
Yurii Radionov ◽  

The system of regional development and the conceptual apparatus of the term “region” are analyzed. Modern problems of local budgets are revealed. The focus is on the low level of financial capacity of local budgets, which affects the state of solving current socio-economic problems, as well as the independence of local governments. At the same time, there are examples of inefficient use of budget funds, which are allowed by budget managers at the local level, which negatively affects the achievement of priority goals of socio-economic development of territories. Attention is focused on the need to improve the quality of management of managers and recipients of budget funds, including the use of program-targeted budgeting method. Emphasis was placed on the need to expand the tax capacity of the regions in filling local budget revenues. Emphasis is placed on the expediency of better use of budget policy instruments in improving the effectiveness of budget expenditures, ensuring sustainable dynamics of socio-economic development of regions, which will improve the level and quality of life.


2019 ◽  
Vol 9 (3) ◽  
pp. 262-285
Author(s):  
Svitlana Serohina ◽  
Iryna Bodrova ◽  
Anna Novak

AbstractThis article is devoted to the study of the problems of the delegation of state powers to local self-government bodies. The paper reveals the pluralism of approaches to the organization of models of such interaction in the countries where various doctrines of the organization and functioning of local self-government prevail (the state-oriented doctrine, the community-oriented doctrine, and the doctrine of municipal dualism). Using the example of various European states (grouped on the basis of the prevailing doctrines presented above for convenience), we reveal specific schemes for the legal regulation of interaction within such relations, their positive features, and drawbacks. The obtained data presented in a compressed form in the paper also features an in-depth analysis of the constitutional and legal regulation of the delegation of state powers to local governments in Ukraine. An important element of the novelty of the study was the projection of modern Ukrainian problems in the field of delegated powers through the prism of the existing European systems and relevant experience, thereby complementing this study with a comparative dimension.Conclusions made by the authors feature a set of recommendations based on the conducted comparative research and on formal and logical analysis of compliance of the domestic model of the delegation of powers with the provisions of the European Charter of Local Self-Government. Taking into account the fact that European standards in the sphere of the delegation of powers (depends on the adoption of amendments to the Constitution of Ukraine and the Law ‘On delegation of separate powers of executive authorities to local self-government bodies’) are not yet implemented in Ukraine, we believe that this research will not only be useful in the context of theoretical and scientific research of the issue but also has the potential to contribute to the development and implementation of relevant legislation.


Author(s):  
O. V. Rolinskyi ◽  
◽  
B. S. Huzar ◽  
S. A. Ptashnyk

The article highlights the current state of the formation of local budgets in the context of decentralization of financial resources, taking into account the changes made to the budget and tax legislation, the analysis of the revenue and expenditure parts of the local budget is carried out. On the basis of the study, the problems and ways of strengthening the financial base of local self-government bodies have been identified. The main tasks of budget decentralization have been formulated. The sources of filling and problems in the field of formation of local budgets in Ukraine are indicated. According to the Strategic Action Plan of the Ministry of Finance of Ukraine for 2018–2021. the key priorities of Ukraine in the field of public finance management are the efficient execution of budgets and the optimization of resource allocation between the levels of the budgetary system. The fulfillment of these tasks is also the focus of the reform of financial decentralization, which began in Ukraine in 2015 and is aimed at strengthening the financial self-sufficiency of territorial communities. Over the first five years of the implementation of this reform, the share of local bud gets in the consolidated budget of Ukraine has increased from 18.5 % in 2015 to 23.3 % as of June 1, 2020, the share of local budgets' own revenues in GDP – from 5, 1 % to 6.7 % over the same period. However, despite certain positive developments, local budgets are still more than 46 % dependent on transfers from the state budget, which indicates the need for further transformation of the local finance system aimed at strengthening the independence and financial self-sufficiency of local budgets. At the same time, the revealed patterns also indicate the existence of problematic aspects in the formation of the revenue side of local budgets, which actualizes the need to revise the structure of local taxes and fees, as well as the powers of local governments in the field of their appointment, increase deductions from national taxes and fees to local budgets., and, at the same time, popularization of local borrowing and carrying out mass explanatory work on the organizational aspects of this process and optimizing the use of borrowed funds. These measures will increase the level of concentration of funds in local budgets and, accordingly, balance the processes of decentralization of income and expenditure, turning territorial communities into more independent and autonomous participants in budgetary and economic relations.


2019 ◽  
pp. 106-114
Author(s):  
Yuliya Tymchyshyn

The significance of regions’ budget security as a component of financial self-sufficiency in the conditions of public administration decentralization is revealed. The definition content of «region’s budget security “ is defined from the standpoint of balance of local budgets in terms of revenues and expenditures, risk and threat assessment, sufficiency of financial support for the execution of functions and powers entrusted to local governments. The budgetary security of the region is proven to be a condition that ensures the balance of local budgets in terms of revenues and expenditures in current and strategic dimensions, which allows the local governments to fully fulfill their functions and powers, to neutralize the existing risks, threats and dangers. The author’s approach to rating regions of Ukraine is outlined. It is carried out on the basis of such key indicators as balance of the regional budget in % to GRP, budget’s revenues of the region per capita, budget expenditures per capita, ratio of the amount of received transfers to the sum of budget expenditures of the region in the consolidated state budget, the ratio of tax and non-tax revenues to the local budget, the share of tax revenues in the total budget of the region, the share of official transfers in the total local budget revenues, transfers from the state budget in % to GRP. This allows for determining of the level of budgetary security of territorial entities. The main methodological principles for the rating of regions are defined: the selection and evaluation of absolute indicators, the analysis of relative coefficients, the choice of integral indicators and the formation of rating estimates. The results of the analysis of the budgetary security of the regions revealed significant disparities in the formation of local budgets in terms of revenues and official transfers from the state budget and their significant budgetary differentiation. The uneven amount of transfers in total local budget revenues and the substantial dependence of territorial communities on public funding are emphasized.


2021 ◽  
Vol 2021 (6) ◽  
pp. 78-98
Author(s):  
Halyna VOZNYAK ◽  
◽  
Khrystyna PATYTSKA ◽  

It is shown that the pandemic in Ukraine has caused new challenges and increased the risks to the sustainable progress of territorial communities, and quarantine measures have deepened the negative trends in strengthening of their financial capacity. The processes of formation and use of financial resources of territorial communities of Ukraine in the conditions of a pandemic are analyzed. Emphasis is placed on the peculiarities of the COVID-19 crisis at the local level (asymmetric impact on the development of territories, negative financial and economic effects, uncertainty in financial and management decisions). The tendencies of pandemic influence on financial indicators of territorial communities in the context of selected groups (cities of regional significance, urban, settlement and rural territorial communities) are revealed: reduction of financial support of local budgets from the state budget, slowdown of growth of tax revenues on basic taxes; reduction of financial resources to ensure the economic development of territories, etc. Problems that negatively affect the strengthening of financial capacity of communities are identified, including: lack of vertical coordination and coordination of actions of public authorities and local governments in addressing the effects of the pandemic and ensuring the development of territories; unsystematic nature of the reaction of local authorities to the crisis; excessive orientation of local governments to finance social expenditures and delegated powers while reducing the amount of economic direction; low communication of local governments with residents of communities (especially rural) in the conditions of remote work. The influence of cognitive, social and psychological factors on decision-making is proved, which is peculiar both to individuals and groups of persons in the part of: substantiation of non-systemic character and short-term perspective of reaction of governing bodies of different levels to the crisis; underemployment of hired workers; establishing systematic communication between the authorities and residents; formation of effective mechanisms of interaction and support of citizens taking into account behavioral representations of people.


Author(s):  
Yuliya Mokhova ◽  

The necessity of research of fundamental bases of formation of e-government in Ukraine in the conditions of digital transformation and informatization of a society is substantiated. The aim of the study is to determine the conceptual foundations of the formation and development of the mechanism of e-government in Ukraine in the context of digital transformation. The factors of influence and goals of e-government are generalized. The peculiarities of e- government as a set of tactics and actions of the government (openness of government, temporal and spatial independence, focus on consumer needs, reducing the level of bureaucratization in the provision of services, etc.) are identified. The stages of formation of mechanisms-e-government in the world and key legislative acts in the normative-legal provision of Ukraine concerning formation of mechanisms of e-government are investigated. E-government in Ukraine is systematically developing in accordance with the regulations of the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine. Based on the analysis of the regulatory framework, the shortcomings of the existing regulatory framework for e-government in Ukraine are highlighted: fragmentation, incompleteness, vagueness, vagueness, inconsistency, inconsistency of some documents and opacity of procedures, non- adaptation to international acts, low quality of preparation of regulations ( acts are developed without a thorough analysis of the problem, without taking into account the risks of their implementation; without analysis of interaction with other acts), low quality of socio-economic and legal expertise, lack of public discussion. It is proved that a prerequisite for quality governance and further development of democracy in Ukraine is the introduction of legal procedures and practices of public involvement in public law decisions at the level of public authorities and local governments in the field of e-government. It is determined that the system of normative-legal documents should correspond to the dynamics of development, emergence of new and modernization of existing documents, establishment of new connections and priorities between them.


2019 ◽  
Vol 21 (1(70)) ◽  
pp. 8-21
Author(s):  
B.V. BURKINSKY ◽  
V. F. GORIACHYK ◽  
G. M. MURZANOVSKIY

Topicality. It is caused by excessive centralization of powers and financial and material resources by the executive authorities, the inability of the territorial communities of the basic level to fulfill their powers, the deterioration of the quality and availability of public services due to the lack of financial and material provision. Aim and tasks. To investigate the economic aspects of administrative-territorial reform in Ukraine, to identify the main problems of financial provision of territorial communities of the baseline level. Research results. The model of budget relations implemented is aligned not by expenditures, but by income. Such a mechanism has a motivational component regarding the interest in increasing the revenue base of local budgets. At that time, the transition to equalization of local budgets by income led to an increase in the differentiation of communities. Most benefit was given to cities of regional significance whose incomes have increased significantly. Local government revenues consist of own revenues and transfers from the central level. Over the past 20 years, the tendency towards a decrease in the share of local budget revenues and the increase in the share of state budget revenues in the consolidated budget of Ukraine (without intergovernmental transfers) has been observed. The share of local budget revenues without transfers (own revenues) decreased by 1,5 times from 31,4 % in 2002 to 20,9 % in 2018. In the financing system of local self-government, during the study period, the share of transfers increased. The share of own revenues decreased almost 2 times, from 78,4 % in 2002 to 42,1 % in 2018, and the share of transfers increased from 21,6 % to 57,9 %, respectively. This dependence on transfers is of a serious scale: in 45 % of the united territorial communities (UTC) transfers in 2016 amounted to 75 % of revenues. The increase in the share of transfers in the budgets of local self-government, the dependence of the amount of transfers from central authorities and the inability to plan them, as well as the transfer of powers without adequate financial support, pose significant risks to the economic self-sufficiency of local communities. In 2016, 76 % of expenditures of local self-government bodies were performed on behalf of central authorities as financing of "delegated powers" (health care, education, social protection). At the same time, transfers from the central level accounted for only 57,9 % of local budget revenues. That is, a considerable part of delegated powers of local self-government bodies are forced to finance at the expense of their own income. As a result, they have little resources to fulfill their "own authority", namely the construction and repair of local roads and housing, the provision of utilities (water supply and sewerage, waste collection, heating, etc.), as well as local transport and development of " objects of culture and rest. Under the burden of current expenditures, the investment capacity of local self-government bodies is small. The authorities at the oblast and rayon level are not entirely self-governing, as regional and district levels act as local self-government bodies (regional and district councils), as well as executive bodies (oblast and rayon state administrations). The first few have very few powers, and their executive bodies are not created, although this is provided by the Concept. The latter are subordinate to the central authorities and they have a dominant role. All this complicates the assessment of changes at the regional and district levels in the context of financial decentralization. A prerequisite for the normal functioning and development of UTC is their economic self-sufficiency. This implies that the UTC revenues correspond to the expenditures necessary for the exercise of their own and delegated powers. An appropriate methodology is needed to carry out an assessment of the economic self-sufficiency of the communities. More than 4 years of decentralization reform have taken place, but there is no corresponding methodology. The lack of a methodology for assessing the economic self-sufficiency of the combined territorial is due to objective reasons. First, this is the lack of a clear and legally-established division of powers between the executive and local self-government bodies, as well as between the levels of the latter. Secondly, the lack of standards and norms of financial and infrastructural provision of public services (schools, kindergartens, paramedical outpatient departments, out-patient departments, engineering networks, etc.). Conclusions. The conducted study shows that Ukraine has a centralized system of incomes and expenditures, and the reform of financial decentralization has led to the opposite result, namely, to increase the dependence of local self-government on central authorities. The reform of financial decentralization in Ukraine tends to support a model that is more based on transfers than on its own revenue.


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