Publication date: 11.06.2024
Control over the activities of local self-government bodies: legal aspects and mechanisms
Introduction
Control over the activities of local self-government bodies (LSG) is an important component of ensuring the effective functioning of local self-government, observance of the law and protection of citizens' rights. Ukraine has an extensive system of legal mechanisms regulating control functions. In this article, we will analyze the legal aspects and mechanisms of control over the activities of local self-government bodies, the main controlling entities and their powers.
Legal and regulatory framework
The legal regulation of control over the activities of local self-government bodies in Ukraine is based on the following regulatory acts:
The Constitution of Ukraine:
- Defines the basic principles of local self-government and control over its activities.
The Law of Ukraine "On Local Self-Government in Ukraine":
- Regulates the powers of local self-government bodies, establishes control mechanisms and the responsibility of officials.
The Law of Ukraine "On State Control over the Activities of Local Self-Government Bodies":
- Defines the procedure for exercising state control over the activities of local self-government bodies.
Other legal acts:
- Resolutions of the Cabinet of Ministers of Ukraine, orders of ministries and agencies, decisions of local councils that specify control procedures and responsibilities.
Main subjects of control
Control over the activities of local self-government bodies is exercised by several entities, each of which has its own powers and functions:
Government agencies:
- Verkhovna Rada of Ukraine: exercises legislative control through the adoption of laws and parliamentary hearings.
- The Cabinet of Ministers of Ukraine: oversees the implementation of legislation and regulations governing the activities of local governments.
- Central executive authorities: exercise sectoral control (e.g., the Ministry of Finance monitors the implementation of budget legislation).
Local state administrations:
- They monitor the compliance of local government decisions with the law, ensure the implementation of state programs and delegated powers.
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Control and audit bodies:
- The Accounting Chamber of Ukraine: conducts an audit of the efficiency of the use of local government budget funds.
- The State Audit Service of Ukraine: carries out financial control and audits of local government activities.
Judicial authorities:
- They exercise judicial control over the legality of decisions and actions of local governments, and consider complaints from citizens and legal entities.
Public control:
- Civil society organizations, citizens' initiative groups and the media play an important role in monitoring the activities of local authorities through public hearings, publication of investigations and appeals to the authorities.
Control mechanisms
Control over the activities of local self-government bodies is carried out through various mechanisms:
Audits and inspections:
- Scheduled and unscheduled inspections of financial activities, audit of the efficiency of budget funds, and compliance with the law.
Monitoring and evaluation:
- Systematic monitoring of the implementation of programs and projects, evaluation of the performance of local governments.
Legal instruments:
- Appealing against decisions and actions of local authorities in court, bringing officials to administrative and criminal liability.
Reporting and transparency:
- Regular reporting of local authorities to the community and public authorities, publication of information on activities, budgets and expenditures.
