DOI 10.37749/2308-9636-2019-11(203)-2
Batanov O. V. Сurrent legislative initiatives in the area of local self-government in the capital of Ukraine. Experience of expert analysis.
The article deals with the status of constitutional and legal support for the realization of the status of the city of Kyiv as the capital of Ukraine, as well as the conceptual problems of the current legislative initiatives in the sphere of local self-government and executive power in the city of Kyiv, using the experience of expert analysis.
It is noted that over the years that have passed since the adoption of the legislative acts that determined the peculiarities and specifics of the organization and functioning of local self-government and executive power in the city of Kyiv, the corresponding relations have developed quite contradictory both in terms of the implementation of capital functions and activities of organizational structures of the city authorities, first of all, the Kyiv mayor, the Kyiv city council, the Kyiv city state administration, implementation of management in the districts of cities, etc.
The set of objective and subjective reasons, legal, political and socioeconomic, internal and external factors, which necessitate improvement of legislative support of the organization and functioning of local selfgovernment and executive power in the city of Kyiv, are considered.
A critical analysis of the drafts of the new version of the Law of Ukraine «On the Capital of Ukraine – Hero City Kyiv» is carried out (Reg. No. 2143 of 13.09.2019; Reg. No. 2143-1 of 19.09.2019; Reg. No. 2143-2 of 24.09.2019; Reg. No. 2143-3 of 24/09/2019). It is proved that these draft laws contain a number of conceptual shortcomings related to the regulation of metropolitan functions, the status of local self-government and executive power in the city of Kyiv, their tasks and competences, the place and role of the Charter of the territorial community of the city of Kyiv in the process of solving urban issues values, etc.
The general conclusion is that the mechanism of implementation of local self-government and executive power in the city of Kyiv is extremely contradictory and inefficient, and modern legislative initiatives in the sphere of ensuring the status of the city of Kyiv not only eliminate the existing gaps and defects, but also create new problems of political, legal and socioeconomic, functional and institutional nature.
Key words: capital of Ukraine, metropolitan functions, local selfgovernment, executive power, territorial community.
References
Averyanov V. B. Problems of the relation between the content of activities and organizational structures of the apparatus of Soviet state administration: diss. for the degree of Dr. Jur. Sciences: specialty 12.00.02 – State Law and Management; Soviet construction; administrative law; financial law. Kiev, 1987. 380 P.
Grobova V.P. The system of local self-government in Ukraine: problems of theory and practice: abstract. diss. for the degree of Dr. Jur. Sciences: specialty 12.00.02 – constitutional law; municipal law. Kharkiv, 2013. 40 P.
Law of Ukraine “On Local Self-Government in Ukraine” of May 21, 1997 of the Verkhovna Rada of Ukraine. 1997. № 24. Art. 170.
Law of Ukraine “On Local State Administrations” of April 9, 1999 of the Verkhovna Rada of Ukraine. 1999. № 20–21. Art. 190.
The Law of Ukraine “On the Status of Deputies of Local Councils” of July 11, 2002 of the Verkhovna Rada of Ukraine. 2002. № 40. Art. 290.
The Law of Ukraine “On the Capital of Ukraine – Hero City Kyiv” of January 15, 1999. Information of the Verkhovna Rada of Ukraine. 1999. № 11. Art. 79.
Constitution of Ukraine: adopted at the fifth session of the Verkhovna Rada of Ukraine on June 28, 1996. Information of the Verkhovna Rada of Ukraine. 1996. No. 30. Art. 141.
Draft Law on Amendments to the Law of Ukraine “On the Capital of Ukraine – Hero City Kyiv” (Reg. No. 2143) of 13.09.2019, submitted by People’s Deputies of Ukraine AA Klochko, Yu. V. Koryavchenko, and R. R. Stefanchuk O. et al. The site of the Verkhovna Rada of Ukraine. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=66842.
Draft Law on Amendments to the Law of Ukraine “On the Capital of Ukraine – Hero City Kyiv” (Reg. No. 2143-1) of 19.09.2019, submitted by People’s Deputies of Ukraine Oleksiyev SO, Goncharenko OO, Savrasov MV and others. The site of the Verkhovna Rada of Ukraine. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=66899.
Draft Law on Amendments to the Law of Ukraine “On the Capital of Ukraine – Hero City Kyiv” (Reg. No. 2143-2) of 24.09.2019, submitted by MPs of Ukraine Osadchuk AP, Makarov OA, Rudyk KA, Lozynskyi RM The site of the Verkhovna Rada of Ukraine. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=66940.
Draft Law on the City of Kyiv – the Capital of Ukraine (Reg. No. 2143-3) of 24.09.2019, submitted by the People’s Deputies of Ukraine OV Tkachenko, DO Gurin, GV Bondar and others. The site of the Verkhovna Rada of Ukraine. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=66939.
Decision of the Kyiv City Council “On Management of the Districts of the City of Kyiv” No. 787/1651 dated 23.07.2015 Official Website of the Kyiv City Council URL: http://kmr.ligazakon.ua/SITE2/l_docki2.nsf/alldocWWW/ 560D71B7E895C411C2257EB20068993C? OpenDocument.
A. I. Uemov System approach and general systems theory. Moscow: Thought, 1978. 272 p.
Shatilo V. A. Constitutional mechanism of state power in Ukraine: problems of correlation of organizational structures and functions: diss. for the degree of Dr. Jur. Sciences: specialty 12.00.02 – constitutional law; municipal law. Kyiv, 2018. 496 p.