ОN THE NECESSITY OF ADOPTION OF DRAFT LAW NO. 4298 “ON LOCAL STATE ADMINISTRA- TIONS” AS A CONDITION FOR FURTHER REFORM OF LOCAL SELF-GOVERNMENT

Abstract

The article provides a legal analysis of the need to adopt draft law No. 4298 “On Local State Administrations”. It is argued that the country needs to form a vertical of power as soon as possible, which will be able to legislatively ensure the activities of communities and territorial authorities formed on the ground. Communities and local councils now have at their disposal a number of economic spheres that were previously under state control. It is indicated that on the one hand, this opens up new opportunities for the development of local self-government, but on the other hand, it creates risks associated with making decisions that may go beyond the powers of the deputy corps. Therefore, it is proposed to introduce the institution of prefects as a mechanism for control and prevention of potential abuse of power.A historical excursion into the understanding of the concept of prefect is conducted and the necessity of introducing such an institution in Ukraine is proved. It is indicated that the proposed amendments to the Constitution of Ukraine regarding the decentralization of state power are based on the French model.In addition, a historical excursion is conducted at the time of the adoption of the concept of reform of local self- government and territorial organization of power by year, starting from 2014, when the concept of reform of local self-government and territorial organization of power was adopted, and until 2019, when the President of Ukraine submitted to the parliament a new version of the draft law “On Amendments to the Constitution of Ukraine (regarding decentralization)” No. 2598 of December 13, 2019. That is, in 2019, a second attempt to introduce changes within the framework of decentralization was made, which caused significant public resonance. As a result, the project was finalized, a political compromise was reached, and international partners highly appreciated the draft law. However, due to martial law, its approval at the national level remains impossible.The analysis provides an answer to today’s questions: why draft law No. 4298 has not yet been adopted and why the proposed institution of prefects has not been accepted by society. It is proved that in Ukraine during the war there were changes in views on the organization of executive power at the regional level, therefore it is proposed to make changes to the current legislation. In addition, it is indicated that Ukrainians should not hope for the rapid effectiveness of the work of the reorganized local state administrations. First of all, this is related to the war, and secondly, the government must move on to making more sound economic decisions and eradicating such a shameful phenomenon as corruption in government offices.