MULTI-LEVEL GOVERNANCE: GENERAL THEORY AND WAYS OF IMPLEMENTATION IN UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION

Abstract

Introduction. Multi-level governance (MLG) is an interdisciplinary object of research, however, despite a long period of scientific understanding, it still remains understudied in the domestic scientific discourse. In particular, there is a lack of systematic research on the use of an integrated approach to multi-level governance in the context of the formation and implementation of state national and regional policy, as well as the translation of the doctrine of multi-level governance from a political science or management perspective into a purely legal one. Therefore, the purpose of this article is to summarize the conceptual foundations of multi-level governance, as well as to determine the current state and prospects for further development of its regulatory framework in Ukraine.

Summary of the main results of the study. The concept of MLG stems from the recognition that many political issues cannot be effectively managed by one government or organization alone, as well as from the need to solve the problems of managing an often complex range of public affairs in accordance with a cooperative model. This has become particularly evident in the context of increasing globalization and interaction within and between national systems and actors, as well as in relation to crises and emergencies. According to MLG theory, the role of the nation-state is changing significantly in modern conditions. One consequence of such changes can be considered the growth of partnerships and broader governance mechanisms in a more general sense. There is a spatial and functional reconfiguration of state capacities at multiple levels. States are no longer monopolizing or even necessarily central policy actors. Instead, government power is increasingly being shaped and distributed among actors operating at multiple levels. State authority is being redistributed upwards to the supranational level, downwards to regions and municipalities, and horizontally to translocal and regional connections. Functional and administrative decision-making powers are distributed among a number of state, quasi-state and non-state agents operating at multiple socio-spatial levels, with close inter-institutional ties and self-governing political mechanisms. The development of MLG (even in the presence of proven and rather indicative practices) is significantly hindered by obstacles related to problems of an institutional and legal nature. In particular, due to the lack of political will, political confrontation and the principled rejection of decentralization by certain political forces, the reform has not yet reached its logical conclusion and full implementation. Regional self-government exists only nominally, without its own executive bodies and the corresponding resource base, and the unification of territorial communities in combination with the consolidation of districts has led to a significant distance between the centers of decision-making and the places of residence of citizens, especially on the periphery.

Conclusions. Since its emergence (at the end of the 20th century) and up to now, the concept of multi-level governance has been largely political in nature. Today, an important task is the “juridization” of this doctrine - filling it with legal content and translating it into the plane of legal relations and legal regulation. The term “multi-level governance” should be directly enshrined in the current legislation concerning the status of public authorities or public administration sectors, and later - within the framework of constitutional reform - enshrined at the level of the Fundamental Law of Ukraine. The procedures for public discussion, public consultations and other instruments of participatory democracy should be reflected in the documents regulating the procedure for the work of certain public authorities, primarily in regulations. Multi-level governance in the vertical aspect means the continuation of the policy of decentralization and strengthening local self-government. For Ukraine, this means continuing the decentralization reform that began in 2014 and bringing it to the constitutional level. Multilevel governance in the horizontal aspect requires legislative consolidation of participatory democracy tools, since it is the tools of participatory democracy that allow diversifying public power and bringing it to the widest possible circle of citizens. The first step on this path can be considered the addition of Article 61 to the current Law of Ukraine “On Local Self-Government in Ukraine”, which provides for an extensive list of local forms of political activity of citizens. At the same time, the relevant norms on participation in multilevel governance, in particular on the right to initiate and participate in the discussion of government decisions, should be included in the laws that determine the status of civil society institutions (“On Public Associations”, “On Youth and Children's Public Organizations”, “On Creative Unions”, “On Charity and Charitable Organizations”, “On Trade Unions, Their Rights and Guarantees of Ac-tivity” and others).