Reforming the Territorial Organization of Power in Ukraine: Achievements and Prospect

Abstract

The attempts to carry out administrative and territorial reform that took place in Ukraine in 1997 and 2005 and the reasons for their failure were analyzed. The content of the proposals made concerning the territorial organization of the state at different stages of the reform has been characterized in order to take into account positive achievements and to avoid previous mistakes. It is noted that the lack of a clear plan for legislative support of the territorial reform and the basic law on the system of the territorial system leads to inconsistency in the formation of the regulatory framework in this area, which in turn reduces the effectiveness of reforms and impedes the creation of an effective model of the territorial organization of power in Ukraine. On the basis of the research carried out, the state of the legal framework for the reform of the territorial organization of power introduced suggestions on the minimum necessary legislative framework, which should be formed as the basis for further changes. It is noted that at the next stage of the reform the necessary step should be the introduction of amendments to the Constitution of Ukraine in order to clearly differentiate at the highest level of legal regulation of the powers of public authorities, including at the regional and local levels. Based on the analysis of the provisions of the draft law on the principles of the administrative-territorial system, a possible final configuration of the territorial structure of Ukraine is foreseen. A comparative analysis of the terminological content of the concepts of «territorial reform», «territorial organization of power», «decentralization» and their interdependence is proved. The practice of association of territorial communities in the period 2015–2018 is described as the first step towards reforming the territorial organization of power, identifying possible perspectives and risks, in particular, regarding the absorption of territories of separate regions into united territorial communities. The modern problems that arose during the formation of a new system of territorial organization of power, in particular, on the determination of the procedure for joining the already formed territorial communities, on joining cities of oblast significance, on the unification of settlements of adjacent regions, are outlined. The possible consequences of consolidation of the districts and the introduction of a new system of organization of power at the level of these administrative units are determined.