The research is devoted to the complex scientific study of the theoretical and legal basis for the providing of administrative services at the united territorial communities (hereinafter – UTC).
The historical and the legal aspects of the local self-government reform and the system of administrative services and the main national and international normative acts are analyzed in the dissertation.
The scientific approaches for the understanding of the concept «administrative service» is investigated and the key features of administrative services provided by UTC is highlighted: the administrative service is provided on the request of a legal person; the application leads to a certain result aimed at acquiring, changing or terminating the rights and/or duties of a person; an administrative service is the result of the delegated power of authority or the own power carried out by the subject of administrative services of the UTC; the administrative service is provided in accordance with the law.
The national and local normative acts defining the competence and the procedure for the providing of the administrative services in the UTC are analyzed and systematized.
It is proposed to improve the existing principles of providing administrative services, within the framework of the system approach, and supplement the principle of similarity or compatibility (coherence), which is necessary for the implementation of the system of principles in general, due to the compatibility of all its elements – principles. In order to achieve the high quality of administrative services, particularly in UTC, it is recommended to consolidate the principle of unification or standardization.
The subjects of the administrative services providing of public organizations and their powers are identified, the stages of the procedure of the administrative services providing are described and the problematic aspects that require improvement of the mechanisms of legal regulation are outlined.
The division of powers in the sphere of providing administrative services of councils, executive bodies of councils, authorities of UTC are researched.
The several key models of the providing of the administrative services in the UTC are identified in the research, in particular: directly (the head, the administrator, authorized bodies of UTC), Center for the administrative services (the CASP), which is created in the center of UTC; Joint CASP; through Public administrative service portal and integrated information networks, territorial divisions of the CASP; Remote work of the administrators of the Central CASP; outbound CASP; mobile CASP. It is proposed to make changes to the Law of Ukraine «About Administrative Services» because of the necessity of creation of legal grounds for functioning of joint, outgoing, mobile CASP. Namely, part 1 of Article 12 could be supplemented with the definitions of the concepts of «joint CASP», «outbound CASP», «mobile CASP»: «Outbound CASP is a specially equipped vehicle with complete remote locations for administrators to provide administrative services. Mobile CASP – a specially equipped suitcase with the necessary equipment for the full delivery of administrative services. Joint CASP is a permanent working unit or structural subdivision of a local state administration or local self-government unit acting on the basis of an agreed solution (memorandum) of the united territorial community with the local state administration in which administrative services are provided to community residents and all other residents of the district, through the administrator, through his interaction with the subjects of providing administrative services». It is approved the necessity of creation at the national level an exemplary memorandum on the establishment of a joint CASP.
The necessity of improving the mechanisms for resolving the "conflict of interest" in the field of provision of administrative services in the UTC at the legislative level is substantiated by introducing appropriate amendments to the Law of Ukraine «On Local Self-Government in Ukraine», since the Law of Ukraine «On Prevention of Corruption» indicates that this question should be regulated by a law regulating the status of these persons and the principles of the organization of the relevant bodies.
It is also identified the necessity to approve the National Standard – the unified requirements to the quality of service of visitors to the CASP, which would meet international standards requirements. The criteria for assessing the quality of administrative services providing according to the analysis of international and Ukrainian experience is proposed.
The necessity of simplification of educational and qualification requirements for candidates for the position of the administrator of the CASP is argued.
