PRINCIPLES OF CREATION AND ACTIVITYOF ASSOCIATION BODIES OF MISSILE SELF-FUNCTION: ADMINISTRATIVE AND LEGAL ANALYSIS
DOI:
https://doi.org/10.17721/1728-2195/2025/1.129-1Keywords:
local self-government, associations of local self-government bodies, principles, administrative law, decentralization, public governanceAbstract
Background. The article provides a comprehensive administrative and legal analysis of the principles underlying the establishment and operation of associations of local self-government bodies (LSGBs) in Ukraine. Given the relevance of decentralization processes and the growing importance of local self-government, the author outlines the role of LSGB associations within the system of public administration.
Methods. The study applies a set of interrelated general scientific and special legal methods. The dialectical method is used to identify the patterns of development of the LSGB association institution in the context of public governance transformations. The system-structural method enables the determination of the place of associations in the system of public power subjects and their functional links. The formal legal method is employed to analyze the current legislation, legal definitions, and rules governing the creation and operation of associations. The comparative legal method is used to compare national regulations with European standards. The logical and legal analysis method is applied to generalize and formulate conclusions.
Results. The legal nature of these associations is clarified, highlighting their status as a special type of public association with a public function that ensures the representation and protection of the interests of territorial communities at the national and international levels. The study identifies the key principles of their functioning: voluntariness, equality of participants, openness, legality, representation of interests, independence, publicity, and cooperation with state authorities. Particular attention is paid to the analysis of regulatory and legal provisions related to these principles in national legislation and international instruments, especially the European Charter of Local Self-Government. The article reveals the challenges of practical implementation of certain principles, which include inconsistencies in legal norms, insufficient institutional capacity of some associations, a weak accountability mechanism, and uneven development at the regional level.
Conclusions. The author concludes that Ukrainian legislation concerning the creation and operation of LSGB associations requires further improvement. Specifically, it is necessary to legally enshrine a comprehensive system of principles, promote financial autonomy, and enhance mechanisms for the participation of associations in the development of state policy in the field of local self-government.
References
Constitution of Ukraine. (1996, June 28). Law of Ukraine No. 254k/96-VR. Bulletin of the Verkhovna Rada of Ukraine, 30, 141 [in Ukrainian].
European Charter of Local Self-Government. (1985, October 15). ETS, 122.
Hrytsaienko, I. A. (2016). Legal foundations of the activities of associations of local self-government bodies in Ukraine. NADU [in Ukrainian].
Lilleström, M. (2021, January 18). The Role of Local Government Associations: European Experience. Decentralization [in Ukrainian]. https://decentralization.ua/en/news/13159
On Associations of Local Self-Government Bodies. (2009). Law of Ukraine of April 16, 2009 No. 1275-VI. Official Bulletin of the Verkhovna Rada of Ukraine, 38, 534 [in Ukrainian].
On Local Self-Government in Ukraine. Law of Ukraine No. 280/97-VR. (1997, May 21). Bulletin of the Verkhovna Rada of Ukraine, 24, 170 [in Ukrainian].
On Public Associations. Law of Ukraine No. 4572-VI (2012, March 22). Official Bulletin of Ukraine, 30, 1097 [in Ukrainian].
Panova, I. Yu. (2018). Legal Status of Associations of Local Self-Government Bodies. Law Review of Kyiv University of Law, 4, 98–102 [in Ukrainian].
Salo, I. S. (2011). Associations of Local Self-Government Bodies in the System of Coordination of Interests at the National, Regional and Local Levels. NISS [in Ukrainian].
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