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Decentralization of power: legal aspects and impact on local self-government

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 11.06.2024

Decentralization of power: legal aspects and impact on local self-government

 

Introduction

 

Decentralization of power is a key process that contributes to the development of democratic institutions and the improvement of the efficiency of governance at the local level. In Ukraine, decentralization was launched as a response to the need to reform the governance system, bring government closer to citizens, and ensure greater autonomy of local authorities. This article will examine the legal aspects of decentralization and its impact on local self-government.

 

Legal aspects of decentralization

 

Constitutional foundations:

  • The Constitution of Ukraine enshrines the right of local communities to self-government, which is the basis for decentralization. Amending the Constitution to strengthen the rights of local self-government is one of the main tasks of the reform.

 

Legislative framework:

  • The Law of Ukraine "On Local Self-Government in Ukraine" is the main regulatory act governing the activities of local governments. Amending this law is an important step in the decentralization process.
  • The Law "On Voluntary Amalgamation of Territorial Communities" promotes the creation of more capable and self-sufficient communities, which is an important element of decentralization.
  • The Law on Cooperation of Territorial Communities allows communities to pool resources to solve common problems.

 

Financial aspects:

  • The Law on the State Budget and amendments to the Budget Code of Ukraine provide for the redistribution of financial resources in favor of local budgets, allowing communities to have greater financial autonomy.

 

Impact of decentralization on local self-government

 

Increased autonomy:

  • Decentralization gives local communities more power to resolve local issues, which contributes to more effective governance and meets the needs of citizens.

 

Financial stability:

  • The redistribution of financial resources allows local budgets to be more independent of the central government, which makes it possible to implement local projects and development programs.

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Improving service delivery:

  • The transfer of powers to the local level allows for a faster and more efficient response to the needs of citizens, improving the quality of municipal services.

 

Involvement of citizens in governance:

  • Decentralization helps to increase the level of citizen involvement in decision-making processes through the mechanisms of local initiatives, public hearings and referendums.

 

Challenges and prospects

 

Problems of implementation:

  • The existing difficulties in adapting the new legislative norms, insufficient training and resistance from some authorities may affect the effectiveness of decentralization.

 

The need for further reforms:

  • To successfully complete the decentralization process, it is necessary to continue reforming legislation, provide training and introduce modern management technologies.

 

Development prospects:

  • Continued decentralization opens up new opportunities for the development of local communities, attracting investment and improving the quality of life of citizens. In particular, important areas include the development of e-governance, improvement of public control mechanisms, and increased transparency of local governments.
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