Davydova V. Delegation of Powers in the System of Local Self-Government of Ukraine: Organizational and Legal Aspect

The issue of finding the most optimal model of delegation, as a process of redistribution of powers, becomes especially relevant and important in the context of administrative reform, consolidation of administrative-divisions, stimulation of the creation of amalgamated territorial communities. At the level of administrative legal science, the issue of methodological content of scientific knowledge of the nature of delegation as a form of relations between local self-governments and determination of the criteria for its implementation also remains important. The paper provides a developed system of stages of organizational support for the process of delegation of powers in the system of local self-governments, which consistently includes the following stages: declarative (in which the body planning to delegate powers determines the degree, scope and limits of delegation, as well as resources for delegation); founding (provides ensuring the conditions for the creation of a model of delegation relations); implementation stage (there is actually a transfer of authority, transfer of access to resources to ensure the implementation of delegated powers); stage of control (the establishment of mechanisms for control over delegated powers); reorganization (provides for the severance of the legal relationship between the subjects of delegation). Theoretical models of organizational and legal support of the delegation process and the system of local self-government are presented, which allowed determining the following criteria of organizational and legal support of delegation relations at the level of practical implementation: delegation of powers should be based on free expression of both subjects of delegation (delegating and delegated), on the interaction between the representative and executive local self-government body; delegation of powers must be accompanied by the conclusion of an administrative agreement; delegation of powers must be accompanied by legislative and contractual consolidation of the transfer of financial and/or material resources to ensure the proper exercise of the delegated powers by the subject; empowering the delegated entity for the failure to exercise or improper exercise of delegated powers