Особливості здійснення місцевого самоврядування на деокупованих територіях: перспективи правового регулювання

The article clarifies the prospects of legal regulation of local self-government in the de-occupied territories; the status of existing proposals for changes to legal regulation in the period up to February 24, 2022 and after that date has been clarified; provided own proposals for legal regulation. It was concluded that it would be useful and promising to take a number of steps to legally ensure the implementation of local self-government based on decoupled theories. First, adopt a separate framework law on the state policy of the transition period, which would define the specifics of the relevant state policy. Secondly, to make changes to the electoral legislation regarding the specifics of holding local elections in the decapitated territories, as well as the corresponding restrictions on the passive right to vote. Thirdly, to make changes to the legislation on the functioning of military administrations for the transitional period (before elections are held and the formation of relevant bodies), to determine the specifics of such formation, issues of finances, etc. Fourth, to pay attention to the issue of personnel reserves, as well as changes to the legislation on service in local self-government bodies in the de-occupied territories. Fifth, the transformation of the very functions and powers of local self-government bodies requires an appropriate response, since a number of issues of public and private law will arise, which cannot be covered by ordinary legal regulation and current powers, which are defined in the Law «On Local Self- Government» (issue transactions, information policy, restoration of destroyed property, etc.). Sixth, a separate issue concerns active suffrage. As you know, the criteria for its implementation are exhaustively defined in Chapter III of the Constitution of Ukraine, and limitations are not allowed at the legislative level. However, in this case, it is probably worth creating a mechanism, even at the constitutional level, for such temporary restrictions, taking into account the doctrine of militant democracy. The world experience of such restrictions is available (for example, the case of Italy after World War II).