Kysil L. E. Some aspects of administrative and legal support for the activities of public administration bodies in the context of decentralization of executive power
The article analyzes the state of administrative and legal support for the activities of public administration bodies in the context of decentralization of the executive power. Attention is focused on such form of decentralization of executive power as delegation of authority.
In particular, in the legal literature, the delegation of authority is understood as the temporary transferring of one’s powers by one government authority to other state authorities or local self-government bodies, enterprises, institutions and organizations, is carried out on the basis of a specific act, and has the form of an order, orders, etc.
The Constitution of Ukraine (1996) provides that certain powers of executive bodies may be granted to local self-government bodies, that is, directly to councils. The state finances the implementation of these powers in full at the expense of the state budget of Ukraine or by re-transferring to the local budget some national taxes, or by transferring to the local government bodies appropriate state property objects. The bodies of local self-government in matters of their exercising the powers of executive bodies are controlled by the relevant executive authorities (parts 3 and 4 of Article 143 of the Constitution of Ukraine).
Later delegation of authority was also provided for by the laws of Ukraine “On local self-government in Ukraine”, “On local state administrations”. In addition, due to the lack of coordination of procedures for delegation of authority, the relevance of which was repeatedly noted in scientific publicationsб there was an attempt to adopt a special separate law “On the delegation of certain state powers to local governments” (Draft No. 1472 of 01.02.2008). Unfortunately, attempts to adopt such a law have remained in vain.
Attention is drawn to the forms of implementation of the supervisory powers of executive bodies such as the analysis of acts of local self-government bodies adopted on the implementation of delegated powers of executive authorities; information on the performance of delegated powers of executive authorities; carrying out of inspections of activity of executive bodies of rural, settlement, city councils; initiation of the issue of responsibility of chairmen of rural, settlement, city councils in accordance with the established procedure. It is proposed to legislatively determine the procedure for delegating the powers of executive bodies to local governments and to improve the procedures for monitoring their implementation.
Key words: public administration bodies, administrative and legal support, decentralization of executive power, delegation of authority, control.