Local government: historical aspects and general characteristics

In this article we try to make the fundamental analysis of some aspects of process of creation and evolutions of local governments in Ukraine. For our analysis we take the period during formation of independent Ukraine and till today.We try to investigated the general legal characteristic of local governments in Ukraine.We defined the public value of local government. Also we defined the concept of local government and its essence. We defined and analyzed some aspects of interaction of local governments with city state administrations which function in the same territory of Ukraine. For today a basic problem is remained by the removal of dubbing of plenary powers of local state administrations and organs of local self-government. For this purpose necessary establishment of clear tasks, limits of competense and responsibility of every level of power, effective public or judicial inspection, observance of principles of autonomy is in realization of exceptional authority by every level of public power and subsidiarity.

New history of local government in independent Ukraine begins only after the adoption of December 7, 1990 the Law of Ukraine «About Local Soviets of People’s Deputies of the Ukrainian SSR and the local government», which defined the concept of local self-government and territorial basis of local government.

With the adoption of March 5, 1992 the Law of Ukraine «About Representative of the President of Ukraine» for the first time in the political and legal practice of independent Ukraine was approved by the institution of local government administrations.

The next step in the establishment of local self-government in Ukraine was the adoption of 26 March 1992 the new Law of Ukraine «On local councils of deputies and local and regional self-government». Territorial basis of local self-defined village council, village, city, and territorial basis of regional government – district, region.

However, the lack of conceptual policy in local administrations provoked opposition deputies of local councils. Consequence of its decision was the adoption of the Law of Ukraine on February 3, 1994 «About the formation of local government and self-government». Act provided that after the election of deputies, heads of village, town, city, district and regional councils and executive bodies forming Soviets repealed the Law of Ukraine «About Representative of the President of Ukraine». Local authorities in Ukraine are: village, town city, district and regional council. They are given their own jurisdiction within which operate independently. Regional, Kyiv and Sevastopol city council simultaneously performing functions of public authorities. The functions of these councils as organs of state power are determined by a separate law. Executive power is exercised at the local level executive committee and head of the respective councils.

Recovery of local administrations occurred after the conclusion of the Constitutional Agreement between the Parliament and the President of Ukraine Ukraine June 8, 1995 «About the basic principles of operation of state power and local self-government in Ukraine for the period until the adoption of the new Constitution of Ukraine».

The Constitution of Ukraine in 1996 cemented two system of local authorities: local administrations that are relevant executive authorities and local self-government as a public power communities.

With the adoption of the Constitution of Ukraine in 1996 for the first time of the latest local government gained constitutional status and was one of the foundations of the constitutional order in Ukraine.

November 6, 1996 in Strasbourg was signed on behalf of Ukraine the European Charter of Local Self-Government (ratified by Ukraine on 15 July 1997). Thus was laid the legislative foundation for the development of local self-government in Ukraine under the European Charter of Local Self-Government and the Constitution of Ukraine.

May 21, 1997 adopted the Law of Ukraine «About Local Self-Government in Ukraine», which states that the local government in Ukraine – is guaranteed by state law and the actual ability of the territorial community – residents of a village or a voluntary association of village community residents more villages, towns, cities – their own or under the responsibility of authorities and local government officials to address issues of local importance within the Constitution and laws of Ukraine.

Imperfection of the legal framework of local state administrations and local authorities has resulted in the current development state to the fact that, firstly, the local authorities (Administration) carry no inherent powers of self-government (which by its nature is primarily aimed at implementing the interests of the communities), and secondly – the executive body of local government exercising delegated most of the (state) authority than their own self.

The problem of legal regulation of local organizations administrations for a long time could not find its optimal solution. Evidence of this was quite a long process of adoption of the Law of Ukraine «On Local State Administrations», which began with the adoption of the Constitution of Ukraine.