The constitutional model of the organization of municipal power in modern Ukraine: problematic issues of implementation

The article is devoted to the problematic issues of implementing the constitutional model of municipal government in modern Ukraine. Attention is drawn to the role of theories of local self-government and models that have developed under their influence on the modern organization of municipal government in Ukraine. It is noted that they have cognitive significance in the modern period and make it possible to understand the evolutionary path of the formation and development of local self-government, including on the territory of Ukraine. It is found that the constitutional model of the organization of municipal government in Ukraine was formed in the process of a long search and compromises and has features of the community theory of local self-government, but has now lost its relevance. Attention is focused on the need for a doctrinal definition of the model of the organization of municipal government in Ukraine at the current stage of its development, as well as prospects in the future. The inconsistency of constitutional and legislative regulation with the provisions of international standards, in particular the European Charter of Local Self-Government, which Ukraine signed unconditionally, has been established, despite the fact that the provisions of the European Charter of Local Self-Government allow states to consider any of its points at different stages of their development, except for those specified in Art. 12, as mandatory, as mandatory. Our state has been unable to fulfill the obligations of this international document for a long time. Attention is focused on the need to make amendments to the Constitution of Ukraine, which, due to the full-scale war, cannot be implemented at present. This situation makes reform projects vulnerable, the implementation of which began in 2014 and, accordingly, positive changes are observed in the functioning of municipal authorities. After all, without constitutional consolidation of the model of organization of municipal authorities, it is difficult to ensure the full implementation of local self-government with the current constitutional model.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2025-03-14
DOI
https://doi.org/10.24144/2307-3322.2025.87.1.19
Primary Topic
Economic Issues in Ukraine
Type
article
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article

The constitutional model of the organization of municipal power in modern Ukraine: problematic issues of implementation

Yu. Yu. Babiy
Uzhhorod National University Herald Series Law
Economic Issues in Ukraine
article

The constitutional model of the organization of municipal power in modern Ukraine: problematic issues of implementation

Yu. Yu. Babiy
article en

Abstract

The article is devoted to the problematic issues of implementing the constitutional model of municipal government in modern Ukraine. Attention is drawn to the role of theories of local self-government and models that have developed under their influence on the modern organization of municipal government in Ukraine. It is noted that they have cognitive significance in the modern period and make it possible to understand the evolutionary path of the formation and development of local self-government, including on the territory of Ukraine. It is found that the constitutional model of the organization of municipal government in Ukraine was formed in the process of a long search and compromises and has features of the community theory of local self-government, but has now lost its relevance. Attention is focused on the need for a doctrinal definition of the model of the organization of municipal government in Ukraine at the current stage of its development, as well as prospects in the future. The inconsistency of constitutional and legislative regulation with the provisions of international standards, in particular the European Charter of Local Self-Government, which Ukraine signed unconditionally, has been established, despite the fact that the provisions of the European Charter of Local Self-Government allow states to consider any of its points at different stages of their development, except for those specified in Art. 12, as mandatory, as mandatory. Our state has been unable to fulfill the obligations of this international document for a long time. Attention is focused on the need to make amendments to the Constitution of Ukraine, which, due to the full-scale war, cannot be implemented at present. This situation makes reform projects vulnerable, the implementation of which began in 2014 and, accordingly, positive changes are observed in the functioning of municipal authorities. After all, without constitutional consolidation of the model of organization of municipal authorities, it is difficult to ensure the full implementation of local self-government with the current constitutional model.

Uzhhorod National University Herald Series LawVol. 1(87)
III-N Technology (United States) (US)
Openalex Percentile: Top 93%
Economic Issues in Ukraine
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