ANALYSIS OF THE CURRENT STAGE OF DECENTRALIZATION REFORM UNDER MARTIAL LAW: PROBLEMS AND CHALLENGES FOR UKRAINE

Authors

DOI:

https://doi.org/10.33216/2218-5461/2024-48-2-200-211

Abstract

The article analyzes and characterizes the
problematic issues of decentralization reform in
Ukraine during martial law. The author classifies and
generalizes the problems that have arisen at the
current stage of decentralization. It is noted that an
important political and legal problem is the lack of
compliance of the intermediate results of
decentralization with the planned ones. It is proved
that in the course of decentralization, territorial
communities have faced the problem of providing the
population with quality social services, as well as with
a decrease in the availability of medical and
educational services for certain regions, in particular, those provided through administrative service centers.

It is emphasized that the financial and budgetary
sphere also has problems related to the lack of
responsibility of local governments and their officials
for incompetent management of local budget funds.
Attention is drawn to the existence of an uneven
distribution of financial capabilities of the united
territorial communities in the context of the fact that
with the increase in the powers of local selfgovernment
bodies, the level of possible violations of
the principle of legality by decisions made increases.
The article notes that at present, the problems
arising from the introduction of the martial law
regime and the new tasks which have emerged for
territorial communities are of particular relevance. It
is concluded that during martial law, local selfgovernment
bodies have a significant shortage of their
own budget revenues to fulfill their powers and
functions in the social sphere, as well as in the sphere
of meeting the needs of the country's defense,
restoration and reconstruction of territories, and assistance to internally displaced persons, etc.

Keywords: martial law, decentralization, local governments, supervision, social services, territorial community.

Author Biography

M.V. Rudenko

Доктор юридичних наук, професор, професор кафедри публічного та приватного права Східноукраїнського національного університету ім. В. Даля, Заслужений юрист України

Published

25.12.2024

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