REGULATION OF LOCAL REFERENDUM RELATIONS – A PRECONDITION FOR FURTHER IMPLEMENTATION OF THE DECENTRALIZATION REFORM

The article analyzes the prospects for the legal regulation of relations the organization and conduct of a local referendum in Ukraine. The relevance of the topic is due to a number of reasons: a local referendum is indeed one of the effective tools through which a territorial community can exercise its power directly. Therefore, this right is declared not only in the text of the Constitution of Ukraine. A number of special laws indicate that certain decisions can be made at a local referendum. However, the legal uncertainty that arose after the termination of the law of Ukraine “On All-Ukrainian and Local Referendums” and the recognition of the Law of Ukraine as unconstitutional by which the aforementioned Law was terminated, has not yet been eliminated in Ukraine. So the main attention in the article is directed to the analysis of the draft law “On local referendum” (register № 5512), submitted to the parliament on May 19, 2021 and sent on October 30, 2021 to The Venice Commission. The purpose of the article is to investigate the compliance of the content of the above-mentioned draft law with the Constitution of Ukraine and European standards embodied in acts of international organizations, of which our state is a member. In general, having positively assessed the content of the above draft law, the article substantiates the advisability of introducing a number of amendments into it due to Resolution 472 (2021) and Recommendation 459 (2021) “Conducting referenda at the local level”, adopted on May 18, 2021 by the Congress of Local and Regional Authorities, and the decision of the European Court of Human Rights of October 21, 2021 in the case “Seligenenko and others v. Ukraine”. It is proposed: to allow to participate in the local referendum not only those citizens of Ukraine who registered their place of residence on the territory of the corresponding territorial community, but also those who registered their place of residence there and are taxpayers for at least six consecutive months; introduce the possibility of using electronic services when voting at a local referendum; to remove the norm that makes it impossible to simultaneously hold elections and a local referendum, and we also propose to determine the subject of the appointment of a local referendum not to the territorial commission from the local referendum, but to the village, settlement, mayor, chairman of the district, regional, district council in the city.

Financial self-sufficiency of local budgets in the context of realization of financial decentralization reform

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.

Sociocultural identity of Vinnitsa region as a component of cultural landscape of the region (based on the results of field research)

The features of the sociocultural identity of the residents of Vinnitsa region are analyzed through the prism of cultural landscape based on field ethnographic materials collected during expeditions by students of the Faculty of History, Law and Public Administration and educators of the Department of History and Culture of Ukraine of Vinnitsa State Pedagogical University named after M. Kotsyubynsky in 2020. This has been achieved through combining objects of material culture with varieties of worldview manifestations and behavioral practices. The prospects of the research are important both in the scientific and in the public areas emphasizing its applied value. There is the question of the further process of the sociocultural identity of the residents of Vinnitsa region through the prism of decentralization reform, the expressiveness of the own “face” of the region due to active exploitation of distinctive local resources, strengthening the tourist attractiveness and comfort of the region. The outcomes of this study could interest researchers involved in developing methodological tools in the context of rethinking sociocultural identity and (re)planning the cultural landscape in the post-Soviet space.

Introduction of Innovative Approaches in the Activities of Local Self-Government Bodies of Ukraine

The article is devoted to the problems of finding and introducing modern innovative approaches to the activities of local self-government bodies of Ukraine. It has been found that overcoming the problems of old and inefficient models and management methods that do not meet the requirements of modern communities is possible only through the development of high-quality and effective theoretical, methodical, organizational, and legal support for the process of local self-government. The definition of the concept of “local self-government” is summarized, using the regulatory margin and considering this concept in the context of modern realities, which now constantly face this institution of management. The author's interpretation of the category “local self-government” was developed for the needs of solving the problems and problems set out in the article. An organizational and legal mechanism for introducing innovative approaches to the activities of local self-government bodies has been developed as the main element of the definition of the category “local self-government.” Problems related to the effective functioning of institutions for the provision of “electronic” public services have been investigated. Innovative approaches to improving mechanisms for the provision of “electronic” public services by local authorities have been developed and justified. A general methodology for reengineering the administrative and management processes of local self-government bodies in the form of phases and stages of its implementation has been developed. It was concluded that the continuous development of the system of local self-government does not allow the development of sustainable types of innovative approaches to solve problem areas of local self-government “forever,” but requires the constant monitoring of foreign experience of advanced countries and the constant development of new and progressive innovative mechanisms that will continue to introduce decentralization reform and the creation of strong and effective local self-government bodies

Peculiarities of Ukrainians’ Approval of Decentralization Reform

Every countrywide reform can always have specific opponents and fans as the changes make people leave their comfort zone. As an example, we have chosen a Ukrainian decentralization reform. Although this local self-government reform can be considered the most successful in our country, the attitude of Ukrainians to the changes has not always been unambiguous. Using taxonomic analysis, the paper calculates the integrated indicator of public approval of decentralization reform in Ukraine based on sociological research for 2015–2020. We have described the features of conducting surveys in different periods and identified the reasons for the emergence of such an attitude to the reform. We have also calculated the weights of the impact of each primary indicator on the integrated indicator, which helped us identify the weaknesses and strengths of the reform in public opinion Furthermore, the analysis allowed us to reveal and substantiate a set of problems in implementing decentralization reform in Ukraine, and the causes and solutions were worked out for each problem. Finally, we have made a generalized algorithm for the application of the experience of public opinion analysis in planning and carrying out reforms.

The potential of cultural services in modern conditions of Ukrainian society development

The purpose of the article is to study the potential of cultural services in the new socio-economic conditions and in the context of the decentralization reform of Ukrainian society. The methodology is to apply such methods as comparative analysis and synthesis to characterize cultural services both in Ukraine and abroad; philosophical and logical to reveal the modern potential of cultural services in the new socio-economic conditions. The scientific novelty of the work is that the problems of innovative development of Ukraine, in particular in terms of technological systems, were analyzed and the role of culture, creative industries and cultural services in the development of modern society was clarified. Conclusions. At the present stage, the problems of innovative development of Ukraine are actualized precisely by technological methods. In turn, in the era of globalization, culture is becoming a «lifeline» that can bring society out of economic and social stagnation, and creative industries contribute to the creation of new innovative markets. Today, the development of creative industries is an important task for many countries, and creativity is a key point for a society based on knowledge and an efficient economy, as it significantly contributes to the development of various spheres of life and the country as a whole. In Ukraine, decentralization reform opens up great prospects for development for communities, as most small towns have significant tourist, recreational, cultural, historical and natural potential, and therefore there is a need to develop their own development strategy in the new socio-economic conditions. Meanwhile, the decentralization reform has contributed to the revitalization of primary cultural (club) infrastructure, including cultural hubs, which contributes to the creation of high-quality cultural goods and services to meet the cultural needs of the community. Ukraine also already has interesting examples of transforming former factories into creative hubs, including «Art Factory Platform», «UNIT.City», «Art Factory Mechanics», «Lem Station» and «!FESTrepublic» etc. However, in Ukrainian society the issue of discussing and approving a «minimum cultural basket» remains unresolved, which will contribute to the formation of single information and cultural space and provide guarantees for the population in obtaining cultural services and equal access to them.

THE PROBLEM OF UNEMPLOYMENT IN RURAL AREAS: THE IMPACT OF DECENTRALIZATION REFORM

The impact of decentralization reform on unemployment in territorial communities formed in 2015–2020 as a result of the reform of the administrative-territorial system in Ukraine is considered. Focused on the problem of unemployment in rural areas in the context of the reform of the administrative-territorial system. The peculiarities of strategies for the development of grassroots territorial communities in terms of ensuring the creation of new jobs are highlighted. Emphasis is placed on the efforts to form non-agricultural employment in rural areas of newly created grassroots territorial communities in Ukraine. The peculiarities of community action plans aimed at combating unemployment and migration from the Ukrainian countryside are highlighted. The materials of surveys of territorial communities’ leaders 2019–2021 conducted by the analytical center of the All-Ukrainian Association of Joint Territorial Communities on the formation of policies to combat unemployment are analyzed. The peculiarities of budgetary and financial policy of grassroots territorial communities in Ukraine in the context of their influence on the fight against unemployment in rural areas are revealed. The impact of the COVID-2019 coronavirus pandemic on the economic development of newly formed grassroots territorial communities in Ukraine is reflected. The vision of the leaders of territorial communities on the consequences of the government’s introduction of a set of economic measures to reduce the tax burden on the economy and small and medium-sized businesses, which are related to counteracting the spread of coronavirus COVID-2019, was analyzed. Community leaders have identified an assessment of government measures to reduce the tax burden on the economy and small and medium-sized businesses and local budget losses caused by them, measures that will have the greatest impact on the labor market in local communities at the grassroots level. The ability of territorial communities to keep jobs in the field of medium and small business and the need for external support to local communities to combat corporate bankruptcies and the threat of unemployment have been identified.Key words: unemployment, rural environment, decentralization, territorial communities, development of territorial communities. Розглянуто вплив реформи децентралізації на безробіття у територіальних громадах, утво-рених у 2015–2020 рр. унаслідок реформи адміністративно-територіального устрою в Україні. Акцентовано увагу на проблемі безробіття у сільській місцевості у контексті реформи адміністративно-територіального устрою. Висвітлено особливості стратегій розвитку територіальних громад низового рівня у частині забезпечення створення нових робочих місць. Акцентовано увагу на зусиллях з формування несільськогосподарської зайнятості у сільській місцевості новостворених територіальних громад низового рівня в Україні. Виділено особливості планів дій громад, спрямованих на боротьбу з безробіттям та міграцією з українського села. Проаналізовано матеріали опитувань лідерів територіальних громад 2019–2021 рр., реалізованих аналітичним центром Всеукраїнської Асоціації ОТГ щодо формування політики боротьби із безробіттям. Розкрито особливості бюджетної та фінансової політики територіальних громад низового рівня в Україні у контексті їх впливу на боротьбу з безробіттям у сільській місцевості. Відображено вплив пандемії коронавірусної хвороби COVID-2019 на економічний розвиток новоутворених територіальних громад низового рівня в Україні. Проаналізовано бачення лідерів територіальних громад щодо наслідків запровадження урядом комплексу економічних заходів щодо зниження податкового навантаження на економіку та малий і середній бізнес, які пов’язані із протидією поширенню коронавірусної хвороби COVID-2019. Визначена оцінка лідерами громад урядових заходів щодо зниження податкового навантаження на економіку та малий і середній бізнес та втрат місцевих бюджетів, викликаних ними, заходів, які матимуть найбільший вплив на ринок праці у територіальних громадах низового рівня. Визначена спроможність територіальних громад зберегти робочі місця у сфері середнього та малого бізнесу та потребу у зовнішній підтримці територіальних громад для протидії банкрутствам підприємств та загрози зростання безробіття.Ключові слова: безробіття, сільська місцевість, децентралізація, територіальна громада, роз-виток територіальних громад.

Administrative reforms in Eastern Europe: A comparative legal analysis

The objective of the article was to analyze the legal regulation of the decentralization reform in Eastern Europe and its impact on the unemployment rate. Methodologically, statistical analysis, hypothetical-deductive method and correlation were used. It was found that the first stage of the reform of the New Civil Service in Poland, Ukraine, Romania, the Czech Republic, Slovenia, Latvia, and Bulgaria began in 1990, but can be called an informal preparatory stage. It is determined that the process of implementation of administrative reforms is influenced by a series of factors: historical, economic, geographical. It is concluded that there is no positive correlation between the effectiveness of public administration and the effectiveness of local self-government in all the countries studied. The reform of decentralization has been shown to have a negative impact on employment. In addition, it found that Poland is the most stable country among those studied, with a high level of efficiency of local self-government. La more negative correlation between the efficiency index of local self-government and employment, and the most positive correlation between local and unemployment rate.

DEVELOPMENT OF REGIONAL LABOUR MARKETS IN CONDITIONS OF DECENTRALIZATION

The decentralization reform in Ukraine began in 2014 and is aimed at implementing the provisions of the European Charter of Local Self-Government, which provides for the redistribution of powers, resources and responsibilities on the basis of subsidiarity. Currently, local governments are endowed with powers and instruments of influence on enterprises located on their territory, but employment and labour market policies remains the prerogative of the central government. For a comparative analysis of the development of regional labour markets in the context of decentralization, labour force survey indicators are more appropriate, since they reflect the actual policy results from the perspective of households. For the 2015–2019 period in most regions of Ukraine, there was an increase in the level of employment and a decrease in the level of unemployment; at the same time, the gender gap in employment has increased in 16 of 25 regions; the sectoral structure of employment continues to stagnate. Some regions have significantly increased the coverage of public works, but this may indicate not the activity of territorial communities, but the lack of stable employment opportunities. Local self-government bodies should play a key role in the formation and implementation of local employment and the labour market policies, their interaction with the state employment service requiring a corresponding transformation.

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

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.