SUMMARY
Potapenko S.A. Problems realization powers of local self-government bodies of united territorial communities in the sphere of regulation land relations. – Qualifying scientific work on the rights of the manuscript.
Dissertation for obtaining the scientific degree of the doctor of philosophy on a specialty 081: Law. - Academy of Labor, Social Relations and Tourism, Kyiv, 2020.
The dissertation is devoted to a complex and comprehensive study of the implementation of the powers of local self-governments of united territorial communities (UTC) in the field of regulation land relations. The work contains a theoretical generalization and a new solution to the scientific task of determining the powers of local self-governments UTC in this area and the spatial boundaries of their implementation. It is proposed to establish a legal regime for the terms «land relations», «united territorial community», «competence of UTC local self-governments in the field of land relations», «powers of UTC local self-governments in the field of land relations regulation». It is concluded that the legal concepts of «competence» and «authority» should be based on their scientific definition, which will improve the mechanism of legislative support for the powers of local self-governments UTC in the field of regulation land relations by distinguishing their subjects, rights, responsibilities and responsibility.
Land relations are defined as regulated by the Constitution and laws of Ukraine, as well as regulations adopted in accordance with them, public relations for the use, disposal, management, protection and reproduction of land arising between citizens, foreigners, bipatrids, stateless persons, natural persons-entrepreneurs, legal entities, foreign legal entities, organizations without the status of a legal entity, territorial communities, UTC, local self-government bodies, state authorities, the state of Ukraine and foreign states.
UTC is understood as a capable entity of local self-government, which is formed by voluntary association or voluntary joining of territorial communities to the already formed OTG in accordance with the law and the Methodology of forming capable territorial communities (Methodology) to improve the level of public services. has a single representative body of local self-government, endowed with additional powers and additional budget revenues. UTC is a kind of territorial community and a form of its consolidation in the process of reforming local self-government and territorial organization of power in Ukraine.
Concluded that the legal concepts of «competence» and «authority» should be based on their scientific definition, which will improve the mechanism of legislative support for the powers of local governments UTG in the regulation of land relations by distinguishing their subjects, rights, responsibilities and responsibilities.
Substantiated that the competence of UTC local self-government body in the field of land relations regulation includes subjects of jurisdiction, powers, rights and responsibilities defined by the Constitution of Ukraine, international treaties of Ukraine, laws of Ukraine and other normative legal acts of Ukraine, specific responsibilities, rights and consequences for improper performance of the functions and tasks assigned to these bodies.
The powers of UTC local governments in the field of land relations regulation are defined as the list established by the Constitution and laws of Ukraine of their responsibilities to resolve land issues in the relevant territory in the interests of UTC and to exercise certain powers of the state, the implementation of which is possible implementation of other legally authoritative actions.
It is argued that the main form of implementation of the powers of local UTC governments UTC in the regulation land relations is the adoption of regulations: addressing issues of administrative-territorial organization; planning land use; improvement of settlements; determining the payment for land; to control the use and protection of land. It is considered that the adoption of these acts is attributed to the competence of the UTC Council and the Executive Committee of the UTC Council. It is noted that a special official in the executive bodies of the UTC council is the mayor, who is not endowed with the authority to adopt its own acts. It is proposed to amend the Law «on local self-Government in Ukraine» in terms of giving it such powers and adjusting the term «starostinsky district».
