31 January 2008, 09:09
The Draft Declaration (Reg. No.1457) purports a legislative definition, in its basic provisions, of a judicial tool for the formulation and realization of State Policy in the area of Local Self-Government, establishing efficient methods for reforming this type of public power, and clearly defining the characteristics of a territorial community as a subject of Law.
The Draft states that, 'the State Policy, directed at the development of Local Self-Government, is a system of organisational and legal steps and actions taken by Authorities and Officials within them, to determine and reinforce the fundamentals of Local Self-Government in Ukraine, ensure its optimum operation, and secure and protect it'.
The State Policy aimed at the development of Local Self-Government shall, pursuant to the Draft, be exercised using the principles of recognition and guaranteeing of Local Self-Government by the State, bringing administrative and public services nearer to their customers through the division of authorities between the State power and Local Governments on the basis of subsidiarity, etc.
The Sponsor of the Bill, People's Deputy, O. Omelchenko, considers that matters of organisation of territorial community operations, and formation and operation of Local Governments are not fully regulated by the current Law, 'On Local Self-Government in Ukraine', and other legislative Acts laying down the authorities of Local Governments. These matters which are not fully regulated include management of municipal property, Inter-budget relations, the different types of direct involvement of the public in executing Local Self-Government tasks and functions, relationships of Local Governments and their Officials with the corresponding State Authorities and their Officials, as well as interaction between territorial communities and their co-operation in the implementation of joint projects, etc.
The Sponsor believes that the adoption of this Declaration will contribute to the optimal and moderate decentralization and deconcentration of Authorities of the Central Executive bodies, which shall instead focus on the formulation of policy and development strategy in the relevant sectors, with their legal, regulatory and methodical provision. It will also lead to a more effective division of authorities and functions among territorial divisions of the Central Executive bodies, Local State Administrations and Local Governments, to eliminate overlapping, simplify the governance system and its financial provision, and the saving of budget funds, etc.