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5INSTITUTIONAL SUPPORT FOR THE LOCAL SELF-GOVERNMENT TRANSFORMATION IN UKRAINE
Stemkovska O. I.
Ukraine, Lutsk
Lesya Ukrainka Eastern European National University
Abstract. The article deals with the transformation of local self-government in the context of institutional support, in particular through the activity of the institutions of municipal councils, mayors and, in particular, community members. Special attention is paid to the constitutional provision of the local self-government and the legislative framework, regulating this sphere of society. Theories of the known scientists on the origin and development of institutionalism and transformation of local self-government were analyzed. Issue of administrative institutional support, as an important element of the effective functioning of the local self-government was solved. Institutional changes in governance as a process of transformation were analyzed. Issue on organizational activity of the bodies of local self-government that actually provides transformation and development was solved.
The process of transforming the institution of local self-government has been lasting for a long time in Ukraine and requires serious research, because communities' self-government is one of the fundamental elements of the country democratization. Why it is important to speak actually of institutional support of the local self-government transformation? Development of the whole institution as a system makes it possible to argue that local self-government is transformed deeply and gradually that certainly should give results in future regardless of the human factor, especially the change of government.
Keywords: local self-government, constitutional provision, institutionalism, administration of institutional support, state-administrative institutions, denationalization of the councils, continuous improvement, statute of the territorial community.
Institutionalism is one of the trends of modern economic thought, object of which are the certain institutions (government, trade unions, corporation, etc.) as well as the legal, psychological and moral aspects. Institutional theory emerged on the verge of XIX - XX centuries. The founder of the theory of traditional institutionalism was T.Veblen, an American economist who formulated the fundamental theoretical and methodological foundations of institutionalism as an integrated research system. T. Veblen followers were his countrymen J. Commons, U. Mitchell, J. Clark, John. Galbraith, Englishmen J. Hobson, R. Tony and many other European and American economists. Development of institutionalism ideas caused the division of this school into separate ideological trends - especially the "old", traditional and "new" institutionalism. "Old" institutionalism, following T. Veblen, focuses on social and psychological problems of the individual, entity under conditions of market economy (stereotypes of consciousness and behaviour, completeness and incompleteness of information). Representatives of "new" institutionalism explore institutions not only as a cultural or socio-psychological phenomenon, but as a set of formal and informal rules, governing the economic behaviour of individuals and organizations with market conditions [5. p. 206].
The administration of institutional support means a series of forms of state bodies or bodies of local self-government, carried out under the regime of its legitimacy, namely competence to implement control functions, achieve administration goals. Administrative forms allegedly act as a "tool" to implement the functions and tasks of state bodies and bodies of local self-government.
The institutionalization of local self-government is a process of formation, development and mastering of local self-government rules, regulations, roles, values and standards by all elements, necessary for the implementation of administration, ways to control their behaviour; result of the process in which objectification by the institute of local self-government and its efficient functioning are achieved. Institutionalization in administration is a continuous process which is based on: the emergence and informal rules development, initiated by elements of the social system; processing and securing of steady and acceptable standards in the legal regulations; formation of the mechanism to provide enforcing regulations. Consistence of the given stages of institutionalization is a prerequisite for progressive development of local self-government [15. p.351-356].
Specifics of state-administrative institutions is that they are legalized, organized, structured, their social purpose, role and place in the state administration system are regulated by relevant regulations; they are focused on meeting social needs and interests; have the ability to perform poweradministration impacts on society, certain social groups, relationships and processes. [11. p.108]. Development of state-administrative institutions is shaped by the specific form of government, state governing, state system, political regime and level of social consciousness.
Institutional changes in governance are a continuous process of qualitative and quantitative changes and the essential changes in the institutional environment of public administration. The necessity of permanent institutional changes in government is due to mismatch of structure and quality of state administrative institutions and requirements of the social system. Considering the transformation of local self-government, we pay special attention to areas of institutional changes in governance, namely:
- introduction and development of new state-administrative institutions;
- adjustment and improvement of existing institutions;
- revision and abolition of inefficient institutions.
Institutional changes in governance are followed by periods of instability when old institutions do not work longer, and the new have not been working yet. Under such circumstances, the role of the interaction of the state and public institutions on issues of formation, implementation of public administration institutions adapt to the new conditions of social development. Especially large and deep institutional changes in governance take place in the process of conducting of the administrative-territorial reform.
Local councils of all levels, serving as the representative bodies of local self-government, acquire various forms and means of their activity, determined by law and gained with the practice, to provide adequate solutions to local issues within the Constitution and laws of Ukraine.
Continuous improvement of the councils' activity organization is determined by the powers that, under current law, every council must perform, as well as the realities of the respective stage of country development.
Denationalization of the councils, elimination of subordination vertical between the councils of different levels induces the council, their bodies and deputies on a new approach to the already gained experience of work to improve it, to apply new forms and means, to seek ways to interact with other councils, working out common approaches and consistent action in solving actual problems.
There should be also noted the ways of administrative activity, which play a significant role in the transformation process.
Organizational forms of administrative activity are search for the optimum solution of an administrative problem. Organizational forms of administration are the means of collective or individual actions related to decision-making and provide wide use of approaches to take administrative decisions based on compromise and reconciliation of interests. The main organizational forms of administrative activity are: meetings, conferences, sessions, operative meetings, boards, meeting of different kinds, etc.
The main organizational forms of administrative activity of local councils are: sessions, separate and joint meetings of standing committees, working groups; meetings of temporary control commissions; Executive Committee meeting, councils, personal work of the mayor, secretary and deputies of mayor, work of the deputies; mayor or deputies participation in the general meeting of citizens; deputies participation with advisory capacity in the meetings of other local councils and their bodies; mayor's reports to the local community and deputies to the electorate. Among the auxiliary organizational forms of local councils are: periodic press conferences and interviews of the officials and deputies of local councils, reception of citizens, participating in the "outbound reception" and others. [9. p.102].
An important element of local councils functioning is organizational activity, because it has the largest share, compared to other components of activities of these bodies. The importance of organizational activities is explained by the fact that it helps to implement practically the major powers of local representative bodies: administration of the relevant facilities, planning and coordination, monitoring and verification and so on.
Due to organizational activities, there are resolved issues of correct construction of the executive and other bodies; their creation; ensuring consistency and clarity in their work, determining their structural construction parts, powers of the state officials; clear separation of functions between councils and their bodies, and between individual links and performers, followed by fixing their competence in the relevant provisions, etc.
Organization activities are directed on organization of practical implementation and proper carrying out planning, coordination, accounting and control, ensuring supervision of subordinated bodies, objects of economic and cultural purposes; verification organization of the taken decisions compliance, conducting direct organizational work in public for its involvement in practical solving of specific tasks of economic and cultural development in the territory.
Forms of activities of the local self-government representative bodies act in the transformation process as a set of ways to implement their competence. They are performed with the activities of these bodies, officials and deputies prescribed by law, other legal acts and practical work of the councils. They are implemented in specific legal, organization-legal and institutional framework (session of the councils, meeting of the Executive Committees, work of standing committees, local self-government officials, activities of the deputies, etc.). [9. p.102-108].
According to the Law of Ukraine "On Local Self-Government in Ukraine", bodies of local self-government performed their tasks and functions in the legal and nonlegal forms.
Nonlegal forms of the public bodies' activities are divided into organizational and logistical [12. p.24-27].
Organizational form of activity, in contrary to the legal one, does not lead to direct legal effect and does not form legal relationships directly. Activities that constitute its content ensure compliance of the tasks, functions and powers of the councils through specific organizational forms, not necessarily enshrined in law [12. p.51-56]. Organization activity in general is subordinate. It is carried out within the law and within the competence of the authority. However, law, in this case regulates, common procedure of activities performance only. Organization activity is often carried out in order of current administration. Organization form of activities is divided into primary and secondary [12, p.93].
Organizational forms, according to Atamanchuk H.V., are characterized as "the ways of free collective search of the optimal variant to solve some administrative problem". Such actions come prior to power exercising or become consequences arising from the implementation of such a process, and their role is only auxiliary one. Each such action does not lead to direct legal consequences, but makes a certain share into the final legal result. A specific list of these forms is determined by specific content if the realised competence and also peculiarities of structure and personal composition of the competent authority [12. p.108].
Normative-legal base of institutional support of administrative activities of the bodies of local self-government makes the Constitution of Ukraine, Laws of Ukraine "On Local Self-Government in Ukraine", "On Service in the Bodies of Local Self-Government", regulations of city councils and executive committees as well as other regulations.
We propose to consider three basic levels of legal regulation of the institutional support of administrative activities in work of the bodies of local self-government [2, p. 29]:
- Constitutional;
- legal;
- statutory.
After adoption of the Constitution of Ukraine on June 28, 1996 a six-year search for a model of local self-government in our country was nearly over. The provisions of the Main Law brought the local self-government into one of the leading institutions of the democratic constitutional order. This is confirmed at least by the fact that not only chapter XI of the Constitution, but also articles 5,7,13,19,38,40,71,118 and several others deal with the local self-government.
According to article 5 of the Constitution of Ukraine "The people exercise power directly and through bodies of state power and bodies of local self-government". Article 7 of the Constitution of Ukraine says that local self-government is recognized and guaranteed in Ukraine. That is, the state not only recognizes and guarantees in its Main Law, but also considers local self-government as a fundamental principle of organization of the state and society.
Local self-government is the right of territorial community of the villagers or voluntary association of rural community of several villages, towns and cities to solve local issues within the Constitution and laws of Ukraine by themselves. Local self-government is exercised by a territorial community under the procedure established by law, both directly and through the bodies of local self-government. [2. p. 118-124].
General principles of formation of the bodies of local self-government and the election of their top officials are laid down in the art. 141 of the Constitution of Ukraine. Bodies of local self-government within the powers defined by law, adopt decisions that are binding on a particular area. This principle is an important guarantee enshrined Basic Law, the rights of local communities in local
government, namely on the independent decision of local issues within the Constitution and laws of Ukraine. [6. p.12]
The Law of Ukraine "On Local Self-Government in Ukraine" according to the Constitution of Ukraine, defines: system of local self-government; guarantees of realisation and protection of the bodies of local self-government in Ukraine; principles of organization and activity of bodies and officials of local self-government; legal status and responsibilities of enforcement and local government officials; regulates other issues.
The Law of Ukraine "On Local Self-Government in Ukraine" is an important and necessary step in establishing a sound legal framework for local self-government.
The Law of Ukraine "On Service in the Bodies of Local Self-Government" defines: the concept of service in these bodies, its basic principles; order of service and its termination; the legal status of local self-government officials, their material and social welfare; responsibility for violations of law on service in the bodies of local self-government.
The main legal act in the urban system acts of local self-government, which has a higher legal authority on all other legal acts of bodies and officials of local self-government, is the Statute of the local community.
Statute of the territorial community is a regulatory procedural document, which reflects the characteristic features of the relationship within the territorial community. The functional role of the Statute of the territorial community is features settlement of the local self-government in the community within the extent permitted by applicable law of the state.
Statute of the territorial community is the primary legal document of local importance, which, considering the historical, ethno-cultural, socio-economic and other characteristics of the territory, must regulate the forms and mechanisms of comprehensive community in cooperation with the local authorities.
Validity of the statutory provisions applies to all bodies of local self-government, local executive bodies, enterprises, institution and organization located in the city, regardless of their subordination and ownership.
The main objectives of the Statute is to regulate the procedures for involving the public in solving local issues, ensuring the constitutional rights and freedoms of residents, decent conditions of their residence. [14. p.78-79].
To regulate the direct capacity of communities to participate in the affairs of the city it is expedient to expand the forms of public participation in the administration of the city, for example, by organizing deliberative surveys of citizens (consultative referendum), creating of special public commission to review complaints against decisions, actions or omissions of the bodies and officials of local self-government and municipal institutions of Ombudsman - a member of the local community.
The Statute settled procedures and reporting order of the mayor. According to the Law of Ukraine "On Local Self-Government in Ukraine", he is answerable, controlled and responsible to the local community. In this context, the law only requires the mayor at least once a year to report on his work to the town community in the open meeting with citizens. However, the question on the terms, procedure of its holding, etc., are not defined by law and should be regulated by the Statute of the city. To our mind, it is very easy, when the report will be hold no later than in February, what allows the mayor to high-quality preparing and will allow the community to influence policy-making of the local bodies from the beginning of the current year. The basic requirements to report are the following: openness and accessibility that it provides mandatory placement in the official website of the city council, and in the several highest-rated printed media. The basis for the report of the mayor could be an annual program of socio-economic and cultural development of the city in the previous year, namely, assessment of its implementation state. Mandatory part of the report should be the outline plan of the mayor for the following year. [16. p.221-227]
Interestingly, the Statutes of communities today are already adopted in 16 regions of Ukraine. However, not all of them are "alive", i.e. have applied character and are realized by the citizens of the city in practice. The Statutes, which actually act and justify their purpose, can be attributed primarily Statutes of Dnipropetrovsk, Sumy, Zaporizhzhya, Rivne, Lutsk, Chernihiv, Kharkiv, Lviv and Ternopil. These documents declare universally recognized rights of the citizens under the legislation of Ukraine, provide a number of mechanisms for their implementation at the local level and determine the conditions of activities of the local community and its bodies. It should be noted that the Statute of Kharkiv contains supplements on realisation of the provisions for the implementation of forms of direct participation of citizens. This includes such forms as the general meeting of citizens in the community, local initiatives and public hearings. In addition, supplements contain forms of procedural documents, which will be useful for the
citizens in the implementation of each of these forms, etc. Similar is the structure of the Statutes of some cities abroad, for example, of Krakow (Poland) [1, p.43-48].
Under the essence and the range of issues that should be covered by the Statute of territorial community, it can be considered "constitution" of the city. Therefore, in order to create effective legal mechanisms for the development and approval of the standards of the given document there should joined experts and representatives of various groups of citizens which have expressed their opinion of the community majority. Statute of the territorial community should objectively and comprehensively regulate the organization of local government. So, much attention to the Statutes of the communities are due to the fact that the basis of the local self-government institution development is, undoubtedly, community activity, activity of which will be displayed as the meaning and application of a particular Statute. The transformation process will be performed in a democratic direction of decentralized only in case of active interaction between the community and government as well as honest and outspoken adjustments to the regulatory framework, governing the activities of the bodies of local self-government in Ukraine.
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