INSTITUTIONAL RESOURCE OF THE LOCAL SELF-GOVERNMENT: CORRELATION BETWEEN THE KEY CONCEPTS
Abstract
The article presents the results of research on the essence of the concepts “function”, “competence”, “powers”, which are the fundamental basis for the formation of management structures in the local self-government system and decision-making power over the life and development of territorial communities. Article specifies the correlation between them as between the elements of institutional resource of local self-government from the standpoint of public administration science.
It was found that in scientific circles there are ongoing discussions about the essence of the concept of “institution”, including institution as a set of legal norms and institution as an organization.
Proposed to define the concept of “institutional resource” in local government as a set of formal rules and regulations enshrined in legislation that establish a certain procedures of local government activities and their boundaries, regulate their interaction with other parties of public administration.
Performed a review of scientific publications on the studies of the concepts of “function”, “competence”, “powers”.
Emphasized that today in Ukraine there is no clear definition of the functions of public administration, as well as their distinction between the subsystems of state management, local government, public and business administration. Established that scientifical opinions on the correlation between the concepts of “competence” and “powers” differ: one part of the experts considers them identical and synonymous, and the other one - distinguishes them and considers them different, although similar.
Analyzed the provisions of the Constitution of Ukraine and the law “On local self-government in Ukraine” on the definition of functions, competencies and authorities in the system of local self-government. Concluded that at the legislative level there is no clarity on the essence and correlation between these categories. The following phrases are been used: “functions and powers of local government”, “functions of the state or local government”; “own competence”, “exclusive competence”, “general competence”; “powers of local self-government”, “own powers”, “delegated powers”, “official powers”, “granted powers”, etc. Discovered the issue of differentiation between “own” and “delegated” powers.
Proposals have been formulated to clarify the concept of “local government functions”, namely: local government functions are a set of actions (types and methods of activity) of local governments in the areas life of the territorial (regional) community, which reflect the common interests of its inhabitants.
Substantiated the horizontal-vertical model of the functions and powers distribution in the system of local self-government with the central-orthogonal role of the territorial community.
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