The concept and mechanisms for implementing the exclusive competence of local councils

The article reveals the concept of exclusive competence of local councils as a set of subjects of jurisdiction (spheres and objects of local life) that are under the influence of local councils, as well as the rights and obligations (authorities) granted to them to carry out local self-government tasks, which are defined by the Constitution and laws of Ukraine, decisions on which can be made only at a plenary meeting of the relevant council. The distinction between issues of local importance and powers as elements of the competence of local councils is made. It is emphasized that powers are part of their competence, which in turn requires amendments to the Law of Ukraine “On Local Self-Government in Ukraine” and the formulation of the title of Chapter 1 of Section 2 of the law as “Competence of village, settlement, city councils”, and, accordingly, Art. 26 of this law as “Exclusive powers of village, settlement, city councils”. Given the large scope of powers set out in Art. 26 of the law substantiates the expediency of their classification into certain groups, in particular, powers in the sphere of the council’s own organization of work, the formation of its bodies and the exercise of control over the activities of the council’s executive bodies and the mayor; powers to implement forms of direct democracy in local self-government; powers to directly resolve issues falling within the jurisdiction of local self-government. The main directions for improving the mechanisms for implementing the exclusive competence of local councils are outlined, in particular, regarding the improvement of the contractual mechanism for interaction between local council bodies and enterprises, institutions and organizations that are not in the communal form of ownership; strengthening control over the council’s standing commissions as entities that prepare and submit draft council decisions, control over the implementation of council decisions, etc. Measures are identified to improve the material and financial basis for implementing the exclusive competence of local councils. It is emphasized that the effective implementation of the exclusive competence of the local council is significantly influenced by the institution of constitutional and legal responsibility of local councils, in particular, through the early termination of their powers in accordance with the procedure established by law, which, in turn, requires the adoption of a law on local referendums and its subsequent implementation in the conditions of the end of the war and the abolition of martial law.