About first results of tariff’s reform and town-planning reform

The preliminary results of tariff’s reform and town-planning reform are researched in the article from point of view of a re-distribution organizational economical power between organs of state power and organs of local government. During last seven years process of the re-distribution power between organs of state power and organs of local government in sphere of economical administration makes more active. Among main changes – cessation realization of delegating powers by organs of local government (narrowing of appropriate powers) in the sphere of building, tariff-formation, state registration of juridical persons and physical persons – owners, passing of these powers to organs of state power and in this time – delegation to executive organs of local councils powers for organization of doing of administrative services in appropriate territory including services in the sphere of permit system. The results of the re-distribution of organizational economical powers between the state and the local government in the sphere of building and tariff-formation can not be appreciated synonymously positively or negatively. Tariff’s reform is provoked reproofs in the community more than building’s reform. Building’s reform is appreciated considerably better by society. The made investigation is proving if strategic laws are passed compulsory previous consultations must be organized with the subjects of organizational economical powers, professional organizations in appropriate sphere, must be analyzed a practice of the appropriate work and it’s results in foreign countries and own history.

The preliminary results of tariff’s reform and town-planning reform are researched in the article from point of view of a re-distribution of organizational economical powers between organs of state power and organs of local government.

During last seven years process of the re-distribution power between organs of state power and organs of  local government in sphere of economical administration makes more active. Among main changes – cessation realization of delegating powers by organs of  local government (narrowing of appropriate powers) in the sphere of  building, tariff-formation, state registration of juridical persons and physical persons – owners, passing of these powers to organs of state power and in this time – delegation to executive organs of local councils powers for organization of doing of administrative services in appropriate territory including services in the sphere of permital system. These legal and administrative processes need serious investigations, appreciation from point of view of effect and expediency. Mamutov V.K., Scherbina V.S., Vikhrov O.P., Kravezh I.M., Dzhumageldieva H.D. and other scholarlies have investigated problems of organizational economical powers. But legal changes of the last years require new investigations, sociological scientific analysis and scientific analysis from the point of view of law science and economic science.

This is actually and usefully to analyze as far as administrative innovations in the sphere of the economy are excused, whether these changes are according with European experience of the government. It is necessary to decide if the appropriate legal transformations are large, whether they leaded to positive economic (social) effect, whether they are corresponding to European practice. The first is town-planning reform.

In accordance with the first editorial staff of The Law of Ukraine «About the local government in Ukraine» from 21 may 1997 year village councils, settlement councils, town councils were authorized to give permits for the building of the objects of the town-planning irrespective of the forms of property, to put into operation objects, to control the legislation during planning and building on appropriate territories. In 2008 year powers of the local government in the sphere of state architectural building control, giving permits for building’s works, putting into operation objects were passed to authorized organs of the state power – to The State Architectural Building Inspection of Ukraine and it’s territorial organs. In accordance with The Law of Ukraine «About regulation of the town-planning work» the organs of local government are authorized to plan built-up area, to participate in the putting into operation of town-planning objects, to keep a town-planning land-survey.

In the august 2013 year one of leaders of The State Architectural Building Inspection points out an essential increase quantity of permissions in this sphere (from 40 thousands permissions before and to 100 thousands permissions after passing The Law of Ukraine «About regulation of town-planning work») and increase quantity of objects which are put into operation. But results of sociological researches are not optimistic. An European Researching Association fixs that if this Law worked really we should feel this – cost of habitation should changes but this is not reality. They say that The Law really improved a procedure of receiving of permital documents on building: delay with mounting of documents reduces, quantity of people who enjoys quality of services by The State Architectural Building Inspection increased.

The changes in the volume of organizational economical powers of organs of  local government in the sphere of tariff-formation are too essential after 2010 year. In accordance with the actual editorial staff of The Law of Ukraine «About the local government in Ukraine» executive organs of  local councils had powers to regulate tariffs for absolute majority of communal services. Now executive organs of  local councils have powers to regulate tariffs for consumer’s, communal, transport’s and other services (besides tariffs for heat energy, centralization supply of the water, treatment and burial of consumer’s screenings which are regulated by National Commission that regulates in sphere of communal services). In accordance with The Law of Ukraine «About the National Commission of the regulation of communal services’ market of  Ukraine» from 9 July 2010 year powers to regulate tariffs for some communal services are the powers of organ of executive power the National Commission of the regulation of communal services’ market of Ukraine now. The powers of organs of local government in another spheres (a transport, a funeral work and others) have not been changing during long time.

The National Academy of State Management by the President of Ukraine did interrogation of regional state administrations and local government organs of all levels in the question of the volume of their powers. The majority of regional state administrations, regional councils gives propositions that direction by tariff-formation on the market of communal services must do in the state level. But small towns on the whole confirm that direction by tariff-formation on the market of communal services must do in the local level or in the state level with discount peculiarities of a region.

A sound investigation (in different positions) of tariff’s reform in a house communal sphere in 2012 year was run by Public organization «Resource Centre for associations of owners of many-flat’s houses». It’s results are next. The prices for communal services for majority of consumers increased from the beginning of tariff’s reform, the tariffs are not economically well-founded now.

The results of the re-distribution of organizational economical powers between the state and the local government in the sphere of building and tariff-formation can not be appreciated synonymously positively or negatively. Tariff’s reform is provoked reproofs in the community more than building’s reform. Building’s reform is appreciated considerably better by society. The made investigation is proving if strategic laws are passed compulsory previous consultations must be organized with the subjects of organizational economical powers, professional organizations in appropriate sphere, must be analyzed a practice of the appropriate work and it’s results in foreign countries and own history.