Self-government of territorial communities and the Constitution — the search for consensus or a conceptual revolution?

Abstract

The state begins a public discussion of amendments to the Constitution of Ukraine regarding decentralization of power. It is assumed that the system of local self-government and a new territorial organization of power will be consolidated, as well as the decentralization of power. The principles that are laid down in the text of the European Charter of Local Self-Government will also be introduced. These principles are basic for the implementation of an appropriate level of management and development of local self-government. Inadequate reproduction of the principles of the European Charter of Local Self-Government leads to the dependence of the institutions of local self-government, «second-rate» territorial communities and the declarative nature of municipal authorities, the growth of its dependence and accountability to public authorities. The existing legislative base of local self-government in Ukraine and the projects that were implemented in the field of formation and development of territorial communities are fragmented. Relevant is a comprehensive solution to the main problem of the organization and functioning of local self-government in modern Ukraine. Such is the creation of constitutional legal conditions for the formation of territorial communities as primary subjects of local self-government, the main carriers of its functions and powers. Different countries apply different management systems at the local level (within the respective administrative-territorial units), the choice of which is influenced by such factors as: state regime, form of government, different approach to understanding the essence and nature of state power, and delimitation of administrative-territorial units into «natural» and «artificial», national and historical features and traditions, and the like. Conclusion: the generally proposed position on replacing the term «territorial community» with «residents of the municipality», especially from the point of view of increasing the subjectivity of local authorities, should be considered an attempt at a conceptual upheaval of the constitutional legal understanding of the essence of local self-government in Ukraine. Key words: self-government of territorial communities, decentralization, local self-government, the Constitution.