THE LEGAL BASIS OF THE FUNCTIONING OF MUNICIPAL AUTHORITIES IN UKRAINE: PROBLEMS AND PROSPECTS

Abstract

The article is devoted to the issues of the legal basis of the functioning of the municipal authorities of Ukraine. The basis of this work were the approaches and methods characteristic of modern legal science, in particular, philosophical, general scientific conceptual, methodological approaches, with the help of which a holistic view of the state of the legal basis of the functioning of the municipal government of Ukraine was formed, problematic issues were identified, and ways of their resolution were outlined. Other methodological tools required by this topic were also used. In the course of the work, the content of the legal basis of the organization and implementation of local self-government, which was formed and/or improved in different periods of Ukraine's life, was established. It was revealed that the reason for the significant correction of the municipal legislation was its imperfection and insufficient ability to regulate, and, accordingly, the level of implementation of local self-government. It was established that there are significant discrepancies between national municipal legislation and the European Charter of Local Self-Government. It has been found that in the real period, the territorial organization of local authorities in Ukraine is being reformed and decentralization processes are taking place, which led to the improvement of the municipal legal framework through the improvement of existing and the adoption of qualitatively new legal acts. The effectiveness of the adjustment of the legal basis of the functioning of the municipal authorities of modern Ukraine has been established. At the same time, problematic issues related to quantitative and qualitative aspects were also identified. In particular, municipal legal relations are regulated by more than two thousand normative legal acts. The need to systematize the municipal legal framework for the functioning of municipal authorities in modern Ukraine is argued. It is proposed to conduct monitoring of municipal legislation in order to identify shortcomings and introduce systematicity in its formation, taking into account the principles of the European Charter of Local Self-Government and the Additional Protocol to it.