Pavliuk N. Organizational and Legal Mechanism of Public Management Development in the Context of Decentralization of Power in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U002235

Applicant for

Specialization

  • 25.00.02 - Механізми державного управління

19-02-2018

Specialized Academic Board

К 35.860.01

Lviv Regional Institute for Public Administration of the National Academy for Public Administration under the President of Ukraine

Essay

Thesis for obtaining a Candidate Degree in Public Administration, the Specialty 25.00.02 - Mechanisms of Public Administration. – Lviv Regional Institute for Public Administration of the National Academy for Public Administration under the President of Ukraine, Lviv, 2018. The conceptual-terminological apparatus is analyzed and the content of basic concepts of the subject of the research is clarified. There is worked out the legal framework of public management in the context of decentralization of power in Ukraine and it is revealed that the foundations of the development of modern Ukrainian legal acts are based on the basic principles and fundamental provisions of international regulatory and legal acts and the international progressive managerial practice of the law enforcement. It is proved that the tasks of updating the management system in Ukraine require a deep and comprehensive analysis of the experience of the advanced foreign countries, which achieved significant results in the managerial field due to the reduction of the bureaucracy of the management apparatus, the introduction of mechanisms for flexibility in decision making and provision of feedback, the transference of authorities to lower management levels, which are closer to the customers of managerial services, wide involvement of the public. It was established that in the first years of independence the formation of a management system did not show a clear understanding of the prospect and the provision of specific tasks for the purpose of establishing an optimal management system, but rather was carried out by the principle of "trials and errors", with the post factum adoption of the relevant regulatory and legal acts, which indicated blurriness, and, consequently, inefficiency of the organizational and legal management mechanism. There is elicited the genesis of the organizational and legal mechanism of public management in Ukraine, which includes preparatory, conceptual, centralization-administrative and decentralization stages. It has been established that decentralization forms a fundamentally new basis of management, based on a broad social support of the population groups, which ensures the development of the public character of management. Decentralization contributes to the development of such a management through the actualization of political-legal, organizational-managerial, financial-material, cultural-spiritual and other spheres of life of the territory. In the context of public management, decentralization should facilitate the formation and functioning of an effective model of public authority at the national, regional and local levels, without violating their unity as a system, and should increase the efficiency of the state mechanism and increase the development of regions and municipalities on the basis of the democracy. It was discovered that the peculiarity of the organizational and legal mechanism functioning, designed to ensure the publicity of management in Ukraine, today takes place under conditions of a fairly strict ruling-managerial vertical, which, having got rid of the ideological layers of the Soviet system, retained a high degree of authoritarianism and for some time successfully adapted it to the conditions of the transitional period. The low ability of the managerial elite to realize the functions of public management significantly impedes progressive transformations in society. The high level of public expectations for rapid positive changes, including through the introduction of an effective organizational and legal mechanism of public management, contradicts the incompetence of local officials and creates a risk of rising social passivity. There is shown the priority of improvement of the legal mechanism of public management, which is a guarantee and a guarantor of the stability of the organizational mechanism, and stipulates its functioning in a clearly defined frameworks. The use of such an approach in Ukraine provides for overcoming the rather widespread practice of the factual creation and usage of situational, non-legally enforced, organizational mechanism in public management. It is substantiated that when changing the organizational component of the mechanism of public management, especially in the context of decentralization of power, there is a need simultaneously, in accordance with these changes, to make changes and additions to specific legal acts, thus balancing the legal component of this mechanism. Such an approach will provide an optimal balance of authorities and responsibilities of public management subjects for specific stages of decentralization of power. It is revealed that the organizational provision of decentralization of power, which aims at forming an effective system of public management in general, is carried out on two levels - strategic and tactical. Without an adequate understanding of the problem points of the tactical level, proper development at the strategic level is

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