Control of territorial communities in local government

• Main Author: О. А. Смоляр
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2015-11-01
• Series: Проблеми Законності
• Subjects: control; local community; local government officials; public authorities
• Online Access: http://plaw.nlu.edu.ua/article/view/53685

According to Art. 5 of the Constitution of Ukraine all power in Ukraine belong to people, which is primary, unified, inalienable and carried people through free will through elections, referendum and other forms of direct democracy, including those intended to control the activity of bodies and officials of the government and local government. Paper objective. At the local level the main supervisory entity in local government is local community. Consolidation of the Constitution of Ukraine the primary subject of local self-government territorial community not only meets current international practice, but also the historical traditions of Ukrainian people. Control territorial community in all phases of local government is one of the most important functions of managing the development of appropriate settlements, and therefore needs an effective mechanism of legal regulation, clearly define mutual rights and responsibilities of controlling and controlled entities. Recent research and publications analysis. Problems Assessment of local communities and the activities of local government officials in their works viewed Y.G. Barabash, P.M. Liubchenko, O.D. Skopych, Y.P. Strilets. However, given the variety of aspects of this area of research remain many questions that need resolving, on which depends largely on the further process of local governance. The paper main body. The existing regulation territorial communities can exercise control in local government actually only through local governments. The control of the executive bodies of village, town council municipalities can only be made through the appropriate council. The existing regulation of territorial communities can exercise control in local government actually only through local governments. The control of the executive bodies of village, town council municipalities can only be made through the appropriate council. The author emphasizes that only by implementing self-control powers local authorities acting on behalf of and in the interests of the local community. In turn, implementing control functions in the framework of the powers delegated executive bodies of village, town and city councils are in the public interest as a whole, that is defending national interests. The article introduces changes to the law, especially as regards the transfer of significant control powers of the executive bodies of village, town and city councils from delegated to self-governed. Conclusions of the research. Analysis of the supervisory powers of local communities shows that the control mechanism does not work, the reason is that mutual rights and obligations of local community are not properly secured as controlling entity and local government. The systemic nature of the monitoring of territorial communities, clear definition of its forms, procedures, procedure review and evaluation results, the mechanism of response to the facts of violations and abuses in local government will ensure its maximum effectiveness.