Processes of decentralization of territorial organization of government: Problems and prospects

2021 ◽  
Vol 28 (2) ◽  
pp. 86-92
Author(s):  
Oleksandr M. Nepomnyashchyy ◽  
Oleksandra A. Marusheva ◽  
Oksana V. Medvedchuk ◽  
Iryna A. Lahunova ◽  
Denis V. Kislov
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Rural Areas ◽  
Power Distribution ◽  
Legal Framework ◽  
Territorial Development ◽  
Normative Documents ◽  
Balanced Development ◽  
Territorial Organization ◽  
Decentralization Reform

The article considers the implementation of decentralization processes in the national system of public administration. In the context of socio-economic and political problems in Ukraine, the issues of ensuring the effectiveness of regional development are becoming increasingly important. The existing system of administrative-territorial organization and hierarchy of power, distribution of powers between public administration bodies at the national and regional levels and local self-government bodies was not able to ensure balanced development of territories. The priority was to ensure equal access to social, administrative, communal and other services for the population of both large cities and rural areas. An important aspect of development is the issue of community responsibility for management decisions. Representation of the community in matters of territorial development is of increased relevance. A retrospective analysis of the development of decentralization reform in Ukraine and a system of legislative support for the functioning of amalgamated territorial communities were conducted in order to determine the prospects for further implementation of decentralization reform in Ukraine. Thus, the article considers the regulatory framework for the introduction of a system of decentralization of power in Ukraine. Certain aspects have been identified that have not been elaborated by law and hinder the further development of the system of amalgamated territorial communities. The analysis of the legal framework made it possible to identify the main normative documents regulating decentralization processes in Ukraine, outline their role in the development of decentralization processes, and determine the legal limits of capabilities and obligations of different levels of government, including local government and local government

El principio de autonomía local en el régimen vasco del gobierno local

2017 ◽  
pp. 81-106
Author(s):  
Luciano PAREJO ALFONSO
Keyword(s):  
Local Government ◽  
Legal System ◽  
National Level ◽  
Legal Framework ◽  
Government Effectiveness ◽  
Full Development ◽  
Territorial Organization ◽  
Broad Interpretation

LABURPENA: Lan honen hasieran toki-gobernuaren EAEko araubide legalari dagokion planteamendua zehaztu da, baita estatu mailako esparru konstituzionalean eta legalean txertatzeko baldintzak ere (modu zabal eta ulergarrian interpretatuz bai Tokiko Autonomiaren Europako Gutunaren, bai Europar Batasuneko jatorrizko eskubidearen aurreikuspenak); planteamendu horrek, ondorioz, Euskadiko lurralde-antolaketa berezian bete beharko duen funtzioa ere aztertu da; jarraian, toki-autonomiaren printzipioaren erabateko garapena identifikatu du, EAEko legelariaren funtsezko helburu gisa, eta definitutako toki-gobernuaren estatutuan helburu horrek izango lituzkeen ondorioak argitu ditu. Oinarri horretatik abiatuta tokiko autonomiaren kontzepzioa aztertu du, eta horri erantzuten dio; bukatzeko, aipatutako autonomiaren eraginkortasuna bermatzeko baliatutako prebentzio-mekanismo berritzaileak azaldu ditu. RESUMEN: Este trabajo comienza por precisar el planteamiento a que responde el régimen legal vasco del gobierno local, los términos de su inserción en el marco constitucional y legal estatal (interpretado correctamente de forma amplia y comprensiva, por tanto, de las previsiones tanto de la Carta Europea de Autonomía Local, como del Derecho originario de la Unión Europea) y la consecuente función que está destinado a cumplir en la peculiar organización territorial de Euskadi, para identificar seguidamente el pleno desarrollo del principio de autonomía local como objetivo fundamental del legislador vasco y precisar las consecuencias de tal objetivo en el estatuto del gobierno local que define. Sobre esta base analiza la concepción de la autonomía local en la que descansa y a la que el mismo responde para concluir con la exposición de los novedosos mecanismos preventivos que pone al servicio de la garantía de la efectividad de la referida autonomía. ABSTRACT: This paper aims at specifying the legal system rationale for the Basque Country’s local government, the terms of its insertion within the Constitutional and legal framework at the National level –with a broad interpretation, including, therefore, both, the European Charter of Local Self-Government, and the European Primary Law-, and the resulting role this legal system has to play in the special territorial organization of Euskadi. Following that, the paper tries to identify the full development of the principle of local self-government as the main objective of the Basque legislator, indicating its consequences within the local government statute defined by it. On this basis, the paper analyzes the local self-government conception of the principle previously indicated, and concludes outlining new preventive mechanisms that are placed in the service of the referred self-government effectiveness.

scholarly journals Diversification and Local Embeddedness: The Rescaling of National New Area Governance in Post-Reform China

2019 ◽  
Vol 11 (22) ◽  
pp. 6216
Author(s):  
Wang ◽  
Chao ◽  
Li
Keyword(s):  
Power Distribution ◽  
Spatial Organization ◽  
Central Government ◽  
Local Level ◽  
Analytical Framework ◽  
Territorial Development ◽  
Territorial Organization ◽  
Local Embeddedness ◽  
Functional Orientation ◽  
Degree Of Coupling

In the rapidly growing literature on exploring urban restructuring in reference to the state rescaling, many authors have neglected the relatively fixed and immobile forms of territorial organization. The development of China’s National New Areas (NNAs) provides an opportunity to explore the hybrid and multiscalar processes of state rescaling. From the perspective of rescaling, an analytical framework was established to examine the practice of NNAs and their governance rescaling in China. Every National New Area (NNA) is the result of China’s “state spatial selectivity”, and the central government has guided policies to a specific spatial scale to cope with the development crisis. The rescaling of NNA governance is the process of the functioning of all-level administrative subjects in the functional orientation, spatial zoning, administrative system, and power allocation through rigid or flexible means. In practice, there are significant governance scale differences in territorial spatial organization, administrative systems, and power distribution among the various NNAs, which has led to diverse governance modes. The degree of coupling between the scale of new and existing administrative divisions is the key to the rescaling of NNA governance. Most NNAs are still facing the challenge of unifying their territorial development logic. Discussions of state rescaling in western countries have focused on the super-local level. The case of China clearly shows the role of local embeddedness and diversification in rescaling.

scholarly journals Identity in the conditions of the united communities

2019 ◽  
Vol 22 (2) ◽  
pp. 5-15
Author(s):  
Liana Zelenkevich
Keyword(s):  
Rural Communities ◽  
Local Government ◽  
Identity Development ◽  
Rural Areas ◽  
Interpersonal Relations ◽  
Point Of View ◽  
The Future ◽  
Model Of Management ◽  
Decentralization Reform ◽  
New Community

Based on the theoretical basis and empirical data, the article discusses from the sociological point of view the problem of identity development within the framework of the reform of local government, namely within the process of creating the united territorial communities.Understanding identity as a person’s property to feel belonging to a group, the author focuses on the issues of its change in rural communities that have joined the process of reforming local self-government.Based on the analysis of information on the first elections in the united communities of Zaporizhzhia and Lviv regions, a general social portrait of the current head of the united territorial community was developed.The author analyzes the recent results of community association and expressed the opinion that the structural process of construction of territorial units is characterized in general by the same regional trends, caused by more or less equivalent community consciousness of the entire rural population of the country.At the same time, there are differences in the results of the restructuring of power in different parts of the country, namely the spread of tendencies of ignorance and the opposition to decentralization in the West and the success of the restructuring of local authorities in the East of Ukraine.This is due, according to the author, to a greater degree of traditionalist identity in the western regions and an increase in the modern identity component in the eastern regions.Attention is drawn to the fact that decentralization, which is accompanied by the transformation of the boundaries of the rural community, raises problems of identity change.There is a problem of forming the perception of the new community of the united community as an ident for the rural man.It is revealed that decentralization in Ukraine, in particular the creation of united territorial communities, will have as a result of the destruction of the traditionalist identity of a person living in rural areas, the erosion of the communal content of interpersonal relations through the weakening of communal ties, which, in turn, the question of the future effectiveness of the system of local self-government, the mechanism of which is being built, since the essence of such a model of management is the collective solution of problems of local importance on the basis of a single identity .In this context, the author proposes to distinguish between the traditional community and the modernized community.The study focuses on the specific features of a modernized community, which, on the one hand, relate it in some respects to the urban community, and on the other hand, characterize it as a hybrid of the community and the urban community.At the same time, members of the united community will in the future form a new identity that is not inherited, but constructed on the basis of formal principles, rather than cultural attributes.The researcher concludes that it is problematic to achieve the goal of decentralization reform, which was declared by the authorities, to create a capable local government that will address all local issues and bear responsibility for it, because the community of unions as a means of transformation does not take into account the complexities of identity.

scholarly journals MANAGEMENT OF THE DEVELOPMENT OF TERRITORIES IN CONDITIONS OF DECENTRALIZATION

2021 ◽  
pp. 7-16
Author(s):  
Anatolii Viremeichyk ◽  
Olha Ruban
Keyword(s):  
Public Administration ◽  
Community Participation ◽  
Development Strategy ◽  
Rural Areas ◽  
Central Government ◽  
The State ◽  
Balanced Development ◽  
Low Efficiency ◽  
Distribution Of Power ◽  
The Eu

Introduction. Most developing countries are still struggling for the efficient use of their resources. To overcome the physical and administrative development restrictions, it is necessary to transfer the powers of the central government to local authorities. The distribution of power from improves the management of resources and community participation, which is considered key to sustainable development. For Ukraine, the development of territories is one of the key issues of public administration, especially in conditions of decentralization. This is especially true of rural areas in view of the need to solve their socio-economic problems. Proponents of decentralization argue that the decentralized government is a source of improvement of community participation in the development of rural areas. Goal – to study the state of development of rural areas in Ukraine, the EU, to identify peculiarities and generalize the directions of diversification in order to increase the efficiency of not only agricultural production, but also the social profile of rural territory. Method (methodology). The research methodology is formed on the basis of evaluation of statistical data of the State Statistics Service of Ukraine (2017-2019) regarding the state of development of rural areas in Ukraine. Within the study, problems are identified as low efficiency of state support, and decline in rural areas. In the process of scientific search applied comparative, structural research methods. The results. It is noted that the main attention in public administration should be given to rural territories. It is determined that their development depends precisely from the effective functioning of agrarian enterprises, in particular the farms of the population, in particular farmers, that is, areas of agrarian management as a whole. An analysis of the state of development of rural areas is carried out. Particular attention is paid to the features of rural territories, the normative settlement of decentralization in Ukraine and the main tasks of diversification, which are expedient to implement. It was revealed that Ukraine, seeking to be part of the EU should provide balanced development, in particular rural areas. Supernational support within the EU's efficiency of agriculture is analyzed. Despite the issues with the implementation, it is concluded that decentralization will change the existing policy of rural development in Ukraine as a result of changing the role of united territorial communities and the formation of such a development strategy, which will combine decentralization and economical and social development.

FORMATION OF UNITED TERRITORIAL COMMUNITIES IN THE REGIONS OF UKRAINE

2017 ◽  
Author(s):  
Kostiantyn Pavlov ◽  
◽  
Olenа Pavlova ◽  
Anastasiia Kudenchuk ◽  
◽  
...  
Keyword(s):  
Drinking Water ◽  
Voluntary Association ◽  
Financial Independence ◽  
Short Supply ◽  
Normative Documents ◽  
Disadvantaged Communities ◽  
Reform Implementation ◽  
Socio Economic Development ◽  
Territorial Organization ◽  
Decentralization Reform

The article examines the stages of decentralization reform in Ukraine, which began in 2014 after the Revolution of Dignity. The developed normative documents are analyzed, namely the Concept of reform of local self- government and territorial organization of power in Ukraine (April 1, 2014), laws of Ukraine "On cooperation of territorial communities" (June 17, 2014), "On voluntary association of territorial communities") and the Budget and Tax Codes. The article analyzes the data of the State Treasury Service of Ukraine on the account of the number of created communities and the number of able OTGs. Methods for determining affluent communities have been studied. Describes ways to bring together disadvantaged communities to solve current and future problems. Decentralization reform has become a catalyst for the development of all territorial units of Ukraine, as local authorities have been given more powers to solve all current problems, financial independence creates conditions for solving the problems of functioning and socio-economic development of the region. A number of problems have arisen in the way of reform implementation, one of which is the failure of the community. That is why it is important to study the concept of incompetent community, because as a result a large number of communities will not be able to ensure the implementation of such powers as public transport, maintenance of nursing homes (the number of which will continue to grow), drinking water in short supply, maintenance of hospitals, the need for which will increase due to the aging population.

scholarly journals ADMINISTRATIVE-TERRITORIAL REFORM IN UKRAINE: NORMATIVE-LEGAL ASPECT OF DECENTRALIZATION REFORM IN UKRAINE

2021 ◽  
Vol 1 ◽  
pp. 102-124
Author(s):  
Olena Lisova ◽  
Maxim Shevyakov ◽  
Olena Orlova
Keyword(s):  
Local Governments ◽  
Spatial Organization ◽  
Legal Aspect ◽  
National Level ◽  
Legal Framework ◽  
The State ◽  
Reform Process ◽  
Territorial Organization ◽  
State And Local ◽  
Decentralization Reform

The need for effective, capable self-government inevitably faces the need to change the spatial organization of local governments. In turn, the territorial organization of executive bodies also turned out to be far from optimal. In Ukraine, there have been discussions for many years about the reorganization (reform) of the entire system of public power in the country. But they have mainly always concerned the redistribution of powers in the power triangle at the national level: President - Parliament - Government. Since independence, changes have taken place here many times. However, despite the changes taking place in this redistribution at the national level, people living in specific towns and villages continue to face the same problems. To date, not clear enough mechanisms have been implemented to form effective local self-government and territorial organization of government to ensure the provision of high quality and affordable public services, meet the interests of citizens in all spheres of life in the territory, harmonize the interests of the state and local communities, establishing cooperation between the authorities and local governments. Currently, the second stage of decentralization in Ukraine continues in 2020-2021. The Cabinet of Ministers of Ukraine has identified the need for further reform process, introduction of decentralization in Ukraine as one of the priorities in the state, which will continue the development of local self-government, territorial communities and in general will enable the growth of Ukraine's economic indicators. In this regard, this article is aimed at studying the state of administrative-territorial reform in Ukraine, as well as outlining areas for improving the legal aspect of decentralization reform in Ukraine, as for further development of the legal framework, to continue the reform requires a number of important laws.

scholarly journals Evaluation of financial performance of contributory organizations under the jurisdiction of municipalities

2013 ◽  
Vol 10 (1) ◽  
pp. 13-18
Author(s):  
Viera Papcunová
Keyword(s):  
Local Government ◽  
Economic Analysis ◽  
Financial Performance ◽  
Public Administration ◽  
Financial Analysis ◽  
Territorial Development ◽  
Useful Knowledge ◽  
Public Administration Reform ◽  
Definition Of ◽  
To Receive

Public administration reform has brought about, inter alia, the change of financing of original and delegated competences for municipalities. In this context, the conditions for economy of local government have changed, while the pressure was put on municipalities to make more efficient use of their property to receive the greatest possible benefit in terms of economic, social and territorial development. A municipality can manage its own property, but it can also entrust it to the budgetary and contributory organizations. The Act no. 138/1991 Coll. indicates that the municipal authorities and organizations are required to manage municipal property in favour of development of municipalities and their citizens, and protection and creation of the environment. One of the possibilities for increasing the efficiency of property use is also financial analysis, eventually economic analysis. Analysis usually results in practical useful knowledge, creating the foundation for an objective definition of relevant conditions (factors) for the future capital appreciation in municipalities. The aim of this paper is to evaluate financial performance of contributory organizations under the jurisdiction of municipalities with help of selected indicators.

scholarly journals DEVELOPMENT OF RURAL AREAS IN CONDITIONS OF DECENTRALIZATION OF POWER IN UKRAINE

2021 ◽  
Vol 71 (4) ◽  
Author(s):  
Inna Tomashuk
Keyword(s):  
Social Services ◽  
Rural Areas ◽  
Local Governments ◽  
Rural Settlements ◽  
Balanced Development ◽  
Active Involvement ◽  
Rural Business ◽  
Territorial Structure ◽  
Decentralization Reform ◽  
Regional Authorities

The article considers measures of reorganization of the economic mechanism of territorial administration in the context of decentralization of power. It is indicated that the decentralization reform is directly related to the development and optimal use of the resource potential of rural areas. It is emphasized that one of the fundamental conditions for the independence of local governments is financial decentralization, which reflects the financial powers of regional authorities. It is stated that the process of voluntary unification of territorial communities has created the preconditions for the transformation of the territorial structure and subregional level. It is emphasized that the main alternatives to agriculture today are the spheres of construction, trade, social services, etc. It is highlighted that in the Ukrainian realities there is a significant untapped potential of inclusiveness in the form of self-organizational activity of rural territorial communities and productive activity of rural business in solving local socio-economic problems. Modern decentralization changes in the country and its regions are carried out by intensifying the self-government of territorial communities, which must clearly understand their own needs and the need to achieve balanced development of settlements, be sufficiently motivated as permanent residents and interested in economic growth and social prosperity. The leading feature of the development of rural settlements at the present stage should be inclusiveness, ie active involvement in the process of ongoing reforms of all actors, each of which is important and valuable, regardless of their level of socio-economic development and available potential. It is concluded that local communities can regulate the process of accumulation of funds, provision of appropriate services, based on short- and long-term planning. It can also be argued that decentralization should be seen as a factor that directly affects the diversification of rural development.

ESTABLISHMENT OF CENTRAL EXECUTIVE AUTHORITIES IN THE FIELD OF E-GOVERNMENT

2018 ◽  
Author(s):  
Oleksandr Dorofyeyev ◽  
◽  
Tatyana Shchetinina ◽  
Oleksii Yakubenko ◽  
◽  
...  
Keyword(s):  
Public Administration ◽  
Information Technologies ◽  
Legal Framework ◽  
Central Executive ◽  
Normative Documents ◽  
Government Documents ◽  
Long Time ◽  
The Creation ◽  
The Government

The article covers the creation of central executive bodies, whose activities are aimed at the implementation of e-government and the development of digitalization. The process of creation of relevant agencies from the beginning of the introduction of information technologies into public administration to the present time, which actually covers the entire thirty-year period of development of Ukrainian statehood, is analyzed. It is noted that the creation of agencies took place within the stages of introducing information technologies into the life of society, which can be divided into informatization, e- government and digitalization. It is noted that for a long time the departments were constantly reorganized and transformed, which indicates the lack of a clear approach to determining the role of e-government in systemic public administration. It is noteable that the powers of the central executive bodies created reflected the growing importance of e-government in public administration. It is emphasized that with the transition to the policy of digitalization, it is quite logical to create a separate specialized ministry – the Ministry of Digital Transformation of Ukraine. The structure of the ministry is briefly considered. The article also covers the legal framework and the process of establishing a coordinating and advisory body under the government – the inter- industry council. The comparison of the composition of the intersectoral council, which was declared in the normative documents of 2009 and 2020, was analyzed and compared. It is noted that the coordinating role of the intersectoral council as an institutional mechanism has been repeatedly criticized in government documents and in the analytical materials of experts. Emphasis is placed on the expediency of establishing the work of the intersectoral council to implement the tasks set before it. It is pointed out that the absence of its meetings in 2020-2021 can not but affect the work of the Ministry and the development of digitalization policy in general.

Reform of the Territorial Organization of Power in Ukraine as a Mechanism of Anti-Crisis Management

2020 ◽  
Vol 11 (4) ◽  
pp. 1153
Author(s):  
Volodymyr H. HORNYK ◽  
Sergii O. KRAVCHENKO ◽  
Sergii V. SIMAK ◽  
Olexandr O. SHEVCHENKO ◽  
Ivan M. BEZENA
Keyword(s):  
Best Practices ◽  
Entrepreneurial Activity ◽  
Investment Climate ◽  
Remote Work ◽  
Large Cities ◽  
Balanced Development ◽  
The Status ◽  
Territorial Organization ◽  
Decentralized Management ◽  
Decentralization Reform

The article is focused on finding ways to improve the efficiency of territorial management by analyzing the potential for implementing a system of decentralized management. Decentralization reform, founded in Ukraine in 2014, is recognized as one of the best practices in Europe. More than 80% of the territory of the country has passed to the administration through the system of united territorial communities, that is, directly to the management of representatives of the community. The legislative basis and the main trends and patterns in the development of united territorial communities in Ukraine are analyzed in the article. It has been determined that most communities have the status of village or rural. The area of society does not have a proportional ratio to the population in society. Quite the opposite, in fact. Communities close geographically too large cities have a smaller area but a larger population. Thus, it has been determined that an important aspect of the development of united territorial communities is to ensure an appropriate level of socio-economic development. The mechanisms to raise the socio-economic level of communities in order to ensure balanced development of the territories of Ukraine have been proposed. As a result, it is proposed to form conditions for the development of the entrepreneurial activity, a favorable investment climate through the program of loyal taxation and rent, the use of remote work opportunities for the population of communities actively using the resources of the Internet taking into account the course of Ukraine on digitization and digitalization.

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