Grushko Z. The legal nature of cooperation of territorial communities in Ukraine

This thesis devoted to a comprehensive study of the legal nature of cooperation among territorial communities in Ukraine including theoretical and legal principles of cooperation of territorial communities through the prism of European experience and the Ukrainian dimension, organizational and legal cooperation of territorial communities, including the legal status of cooperation, relevant areas and forms of cooperation, principles and functions of the municipal legal institute, the legal nature of cooperation agreements, procedural aspects of cooperation of territorial communities. The author’s definition of cooperation of territorial communities is offered, the identifying features of the researched institute are revealed. According to the results of the comparison with related municipal legal institutions, the independence of the institution of cooperation was proved; its mixed nature and public-private legal nature were substantiated. Trends in the development of cooperation of territorial communities in accordance with the ideas defined in the European Charter of Local Self-Government have been identified. The foreign experience of cooperation of territorial communities and tends of its realization were studied. Special attention is paid to the impact of the process of unification of territorial communities on the process of cooperation between them, including analysis the impact of the completion of the process of unifying the territorial communities into an institute for cooperation. It is proposed to expand the range of entities involved in cooperation, as well as proposed forms of public control over its implementation. The necessity of making changes to define the principles of cooperation of territorial communities has also been proved. The substantiated necessity of legislative regulation of joining the already organized cooperation. Emphasis is placed on the importance of using a mixed form of cooperation agreement. Guarantees of protection of subjects of cooperation of territorial communities after reorganization of the last are defined. Emphasis is placed on the need to optimize the cooperation procedures of territorial communities. The research has theoretical and practical significance, especially in the modern period of Ukraine’s integration into the EU. Research materials can be widely used in law-making activities, in research work in the educational process.