INSTITUTE OF TEMPORARY DIRECT ADMINISTRATION IN THE REPUBLIC OF LITHUANIA AND PROSPECTS OF ITS IMPLEMENTATION IN UKRAINE

Abstract

Introduction. The institution of Temporary Direct Administration is a subject of heated debate and the main reason is the threat of termination of local self-government and irreversible centralization. However, such fears may arise in states with unstable democratic institutions.

In terms of further decentralization of Ukraine, the introduction of direct administration is becoming more relevant. Maintaining state control over territories in the post-war period is unlikely to reduce the tension around this institution, so an effective and safe model should be developed. The issues of direct administration are closely related to the institutions of control over local self-government and constitutional and legal responsibility.

The purpose of the article: to outline the key components of the institution of temporary direct administration based on the experience of the Republic of Lithuania and to formulate proposals for the introduction of this institution in Ukraine.

Research methods. The presented research is based on philosophical historical-materialist principles, where the institution of temporary direct administration is considered as a system of relations that is implemented in objective reality and is a component of the general system of governance. A dialectical approach is also applied, which is expressed in the disclosure of the institution of temporary direct administration in connection with democratization; direct administration is considered as not being stable, but changing, evolving under the influence of modern challenges and threats.

Using the formal-legal method, the key concepts and the level of constitutional and legal support for the guarantees of local self-government and the introduction of temporary direct administration within municipalities are revealed.

Summary of the main results of the study. Guarantees of local self-government are a standard for democratic states that seek to develop multi-level governance. The institution of local self-government is a point of intersection of local and national issues, and that is why any constitutional and legal reforms do not occur without corresponding changes in the sphere of local self-government. Multi-level governance must include a system of local self-government. However, the institution of direct governance significantly affects, albeit temporarily, the redistribution of local self-government functions within a specific territory. The principle of recognition and guarantee of local self-government, as a basis of the constitutional system of Ukraine, provides for an imperative requirement to adhere to this principle when carrying out reforms. Ukraine's approach to attempts to introduce a single-person control body in the form of a prefect was close to the Lithuanian one. It should also be added that the draft Law «On Amendments to the Constitution of Ukraine (Regarding the Decentralization of Power)» (Registration № 2217a) provided for the introduction of a temporary government commissioner. This approach is justified for Ukraine, since the territory of our state is much larger than that of Lithuania, and the territorial remoteness of the prefect will not allow to properly ensure the performance of local self-government functions in the event of the introduction of temporary direct administration.

It is necessary to distinguish two forms of the introduction of direct administration depending on the legal regime. One of these forms has not yet been introduced in Ukraine, but doctrinal foundations for its implementation have already been developed, in particular, it concerns the institution of the prefect and the temporary government commissioner. Nowadays, within the framework of the legal regime of martial law, measures are provided for ensuring the performance of local self-government functions, if bodies and officials do not function in accordance with the legislation.

Conclusions. When determining the system of bodies of control over the activities of local self-government bodies, the territorial and administrative-territorial differences of Ukraine and Lithuania should be considered.

It can be stated that the institution of temporary direct administration is applicable in the conditions of martial law and is aimed at achieving socially significant goals and, in addition to averting threats to territorial integrity and national security, allows ensuring the performance of local self-government functions in the event of their inability to be performed by local self-government bodies and officials.

For Ukraine, it is considered necessary to maintain the general approach that was presented by the draft Law «On Amendments to the Constitution of Ukraine (Regarding the Decentralization of Power)» (Registration № 2217a) regarding the introduction of a prefect and a temporary government commissioner, however, the decision on the introduction of direct administration should be made by the parliament.

The purpose of introducing the institution of direct administration should be to restore constitutionality and legality, and therefore, guarantees should be provided to prevent the elimination of the right to local self-government.