PDF

Irina IGNATENKO,

Assistant Professor, Department of Land and Agrarian Law, Yaroslav the Wise National University of Law, Candidate of Law

LEGAL ASPECTS OF DECENTRALIZATION OF POWER IN THE FIELD OF LAND RELATIONS

The article deals with the study of the process of decentralization of power and the expansion of powers of territorial communities. It was established that today the powers of local self-government bodies in the field of land relations have considerably expanded at the legislative level. Yet these changes only initiate the implementation of the Concept of Reform. It is necessary to continue and continue to be implemented through normative consolidation and introduction of amendments to the current legislation.

Currently, local self-government in relation to land resources management is carried out only within the administrative-territorial units (settlements). The existing approach does not correspond to the practice of foreign countries. In them, local self-government is implemented within the administrative-territorial units, including at the primary level, which combine both directly with the territory of the settlement and the adjacent territory.

The conclusion is made on the necessity of providing the full authority of authorities to local governments for land administration. This can be achieved by decentralizing governance, adherence to the principle of the ubiquity of local self-government. This will allow the administrative-territorial units to have an informative resource in their own assets (land outside the settlements), as well as the necessary management tools for its effective application.

To ensure the implementation of the principle of universality, the principle of subsidiarity must also be applied. According to which the managerial decisions in the state are taken at the lowest possible level, and the upper levels of management resort to any administrative actions only if these actions are more effective than the corresponding actions of the lower units. Consequently, according to this principle, rayon and regional councils transfer control powers only to those that can not be implemented by city, village and settlement councils, and not vice versa, which are currently in force. In addition, the powers of state authorities in the field of land relations regulation should be transferred to local self-government bodies not at all levels, and mainly to the bodies of local self-government of the basic level, which are the councils of the combined territorial communities.

Key words: land within settlements, land management, land relations, local government bodies, territorial communities, municipal property, decentralization.

References

On approval of the Concept of reforming local self-government and territorial organization of power in Ukraine: Order of the Cabinet of Ministers of Ukraine dated April 1, 2014 No. 333-r. Database "Legislation of Ukraine" / Verkhovna Rada of Ukraine. URL: http://zakon3.rada.gov.ua/laws/show/333-2014-r. [ukr.]

Tax Code of Ukraine dated 02.12.2010 No. 2755-VI. Database "Legislation of Ukraine" / Verkhovna Rada of Ukraine. URL: http://zakon0.rada.gov.ua/laws/show/2755-17. [ukr.]

Budget Code of Ukraine dated 08.07.2010 No. 2456-VI. Database "Legislation of Ukraine" / Verkhovna Rada of Ukraine. URL: http://zakon0.rada.gov.ua/laws/show/2456-17. [ukr.]

On the Strategy of Sustainable Development "Ukraine - 2020": Decree of the President of Ukraine dated 12.01.2015 No 5/2015. Database "Legislation of Ukraine" / Verkhovna Rada of Ukraine. URL: http://zakon2.rada.gov.ua/laws/show/5/2015. [ukr.]

Shulga M. V. Decentralization of power and land relations. Decentralization of power as a factor in the development of agricultural, environmental, land and other natural resources of law: materials all-Ukrainian. round table (Kyiv, September 22, 2017). K .: Print Service, 2017. P. 62–66. [ukr.]

Draft Law on Some Measures to Strengthen the Role of Territorial Communities in Land Management dated December 2, 2014 No. 1159. Database “Legislation of Ukraine” / Verkhovna Rada of Ukraine. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=52596. [ukr.]

Draft Law on Amendments to Certain Legislative Acts of Ukraine Concerning Expansion of Powers of Local Self-Government Bodies in Land Resources Management and Strengthening State Control over Land Use and Protection of March 31, 2016 No. 4355. Database “Legislation of Ukraine” / VR of Ukraine. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=58610. [ukr.]

Marcou, G., Wollman, H. Europe. Decentralization and Local Democracy in the World: first global report by United cities and local government. Barcelona. Spain: United cities and local government, 2011. P.129. [engl.]

Subsidiarity. EU Glossary. URL: http: Europe.eu.int/scadplus/glossary/subsidiarity_en.htm.[engl.]

Decision of the Constitutional Court of Ukraine of April 1, 2010 No. 10-rp / 2010. Database "Legislation of Ukraine" / Verkhovna Rada of Ukraine. URL: http://zakon3.rada.gov.ua/laws/show/v010p710-10. [ukr.]

Kulinych P. F. Decentralization of power in the land sphere of Ukraine: legal problems. Decentralization of power as a factor in the development of agricultural, environmental, land and other natural resource branches of law: materials all-Ukrainian. round table (Kyiv, September 22, 2017). K .: Print Service, 2017. P.13–18. [ukr.]