DEVELOPMENT OF THE ORGANISATIONAL FORMS OF THE LOCAL PUBLIC ADMINISTRATIONS IN THE CONTEXT OF THE ADMINISTRATIVE REFORMS

Abstract

This article is devoted to the peculiarities of the local public administration in Ukraine in the context of administrative reforms. The problems of the institutional framework of public administration of the basic and intermediate level are raised. The current problems of the division of powers between the local self-governance bodies and the bodies of the local executive power are presented.

It has been proved that the common feature of the de-concentration and de- centralization is the fact of forwarding the right to make the important decisions from the central state authorities to the local level bodies. But their practical and political meaning is rather different. De-concentration is just the management tech- nique, which does not envisage the democracy development, because it keeps all the authority in hand of the central bodies of the state power. De-centralization has certain democratic advantages as it envisages that the maximum issues and cases are managed by the interested persons or their representatives. It is only possible, if the concrete conditions are followed. The first condition is that the authors of the Constitution or the legislator should acknowledge the existence of such interests, which are general for everybody, but not to such extent, which is considered as uni- verse by the central state administration. The financial autonomy is the important condition for de-centralization, that is not only the theoretic right to possess and manage the property, but also the practical possibility for the decentralized bodies to own the necessary resources and decide independently how to use them.

It has been determined that the issues related to the share of authorities among the local bodies of state power have the long and difficult history and have several problems related to the existence of two forms of the state power organiza- tion in the framework of the administrative and territorial units. The regional and district councils are bodies of the local self-governance, which represent the com- mon interests of the villages’, towns’, and cities’ communities in the framework of those authorities, which are envisaged by the Constitution of Ukraine, the Law of Ukraine “On local self-governance in Ukraine” and other laws, as well as the author- ities which are provided to bodies of the local self-governance by the corresponding villages’, towns’, and cities’ councils.

It has been cleared up that promotion of the share of the rights and authorities between the bodies of the local self-governance and the local bodies of the execu- tive power depends directly on completion of the administrative and territorial reforms in our country, as well as further measures on the administrative reform implementation. The process of reforming the state power and local self- governance and their further development should avoid the narrowness and half- tone. It should become complex, internally concerted and systematic and it would guarantee the development of Ukraine as a highly developed and legal European country.