Shutak T. Administrative and Legal Principles of National Policy Implementation in the field of Transboundary Cooperation

The thesis determines the concept, clarifies the essence and key missions of transboundary cooperation. The author proposes to consider the administrative and legal framework in this field as the set of legal tools enshrined in the provisions of the administrative legislation of Ukraine, aimed at creating appropriate and sufficient conditions by authorized executive bodies and local government bodies for domestic and foreign entities and participants in transboundary cooperation to carry out planned joint activities according to international agreements in force and agreements to meet certain state and public interests in the respective border regions. The author argues that the defining feature of administrative and legal regulation on transboundary cooperation is its grouping into general and special blocks. The former are the basic legislative aspects of the organization and implementation of transboundary cooperation by authorized executive bodies and local governments. The special block is aimed at administrative and legal regulation of the main forms of transboundary cooperation. In particular, administrative and legal regulation regarding the conclusion of agreements on transboundary cooperation covers the national, general and special levels. Administrative and legal regulation of the development and implementation of joint activities, initiatives, projects, programs for transboundary cooperation includes the national and regional levels. The author describes the structure and features of the administrative and legal status of transboundary cooperation entities, such as territorial communities, their representative bodies and associations, local executive bodies that interact with territorial communities and public authorities of neighbouring States within their competence established by the legislation of Ukraine and transboundary cooperation agreements. It is stated that the fundamental aspects of the administrative and legal status of territorial communities and local governments are reflected in the provisions of their statutes and a number of legal regulations that determine the processes of acquisition and implementation of administrative passive and active legal capacity. The focus is on the administrative and legal status of district and regional public administrations as transboundary cooperation entities, which is due to the specificities of the implementation in practice of the relevant areas of their executive and administrative activities in a particular administrative and territorial unit. The essence and forms of coordination activity of public administration in the field of transboundary cooperation are revealed, the internal and external levels of its expression are clarified. The latter is a set of general authorities (Cabinet of Ministers of Ukraine, Ministry of Economy, Trade and Agriculture of Ukraine), as well as special ones (Ministry of Communities and Territories of Ukraine, Ministry of Foreign Affairs of Ukraine) and additional ones (other central and local executive bodies). The internal level of coordination is implemented by transboundary cooperation entities, in particular by the relevant executive bodies of local councils, public administrations.