The dissertation is devoted to the complex and objective theoretical and legal substantiation of the content of control over the activity of local self-government bodies in the conditions of decentralization of power in Ukraine and determination of the substantiation of ways to increase its efficiency.
The dissertation is one of the first in Ukraine complex theoretical and legal scientific research studies of a problem of control over activity of local self-government bodies in the conditions of decentralization of the power in Ukraine.
The concept of “control over the activities of local self-government bodies” has been improved; it is a type of social control – regulated, systematic activities of authorized entities aimed at preventing, identifying and eliminating deficiencies and violations in the activities of local self-government bodies and officials in the interests of the local community and society.
It has been proved that state control in the context of decentralization of power is necessary in the context of observing the rule of law, but should be minimal and proportionate. It has been proposed to establish the institution of the prefect as the only state body that will control the activities of local self-government bodies, rather than to distribute control powers between different, unrelated state institutions.
The legal support of control over the activities of local self-government bodies has been analyzed and it is characterized as fragmentary and unsystematic. Laws and bylaws in this area, depending on the subject of legal regulation are divided into those that regulate internal and external (state and public) control. The legal concept of state control over the activities of local self-government bodies in the context of decentralization of power is in the process of formation. Public control over the activities of local self-government is enshrined in national legislation conditionally and in fragments.
Forms and methods of control over the activities of municipal bodies in foreign countries, taking into account the forms of the state, types of legal system, models of local self-government have been studied. In the context of local government reform and the formation of the institution of prefect in Ukraine, it has been proposed to take into account the German approach to the organization of state supervision, which provides support, protection and assistance to local authorities to properly perform their tasks.
It has been proved that state control in the context of decentralization of power is necessary in the context of observing the rule of law, but should be minimal and proportionate. It has been proposed to establish the institution of the prefect as the only state body that will control the activities of local self-government bodies, rather than to distribute control powers between different, unrelated state institutions. The concept of “prefect” has been proposed to define as a coordination, supervisory, autonomous, public law institution – local public authority in the system of executive authorities; as a civil servant who does not belong to political positions; as an impartial guarantor of observance of the Constitution and laws of Ukraine by local self-government bodies; as an institution to limit the discretion of local governments, which goes beyond the current legislation.
The concept of “public control over the activities of local self-government bodies” has been improved and it has been proposed to understand it as a type of social control, targeted activities of civil society institutions, other NGOs, individuals aimed at verifying the activities of local self-government to ensure the rule of law, increasing its efficiency and responsibility, assistance in the decision of problems and tasks significant for a territorial community. It has been suggested that the most effective forms of public control over the activities of local self-government bodies include: public hearings, public expertise, public monitoring, activities of public councils, local initiatives, public media control. It has been established that the use of information and communication technologies will intensify public control over the activities of local self-government bodies. To solve the problems of efficiency and effectiveness of public control over the activities of local self-government bodies, the introduction of such information and communication technologies as e-government and e-governance based on the experience of European countries has been proposed. The introduction of e-government intensifies public control over the activities of local self-government bodies through an optimal and accessible procedure for public participation, which in the context of decentralization of power is a necessary condition for ensuring the rule of law. To achieve a social effect, it is important to ensure that the general public is informed about the use of such forms of public control.
