Оrganizational and legal status of territorial communities in Ukraine

Abstract

A local community has been defined by the Constitution of Ukraine as a primary subject of a local government. But in practice the participation of a local community in socio-political life is comed down to the realization of the right to vote of its sitizens. According to this in Ukraine the Constitutional right of a local community to decide quastions of a local significance now is limited and isn’t settled on legislative level and on regulatory level. Should be noted a local community as a primary subject of a local government hasn’t recived а proper legal status in Ukraine. The purpose of the article is the systematization of existing theoretical ways to the defining of a local community as a primary subject of a local government and the determining its legal status in Ukraine. On the basis of the conducted research it is detected that a local community must be considered as a set of persons which live within a certain area, have a certain relationship with each other and a common interests, rights and powers to solve common problems. We’ve found out that an organizational and legal status of local communities is characterized by imperfection and need specifications and refinements. Because of no having a clear organizational and legal status of a legal entity local communities can be the subject of legal rights and powers only indirectly, from representative bodies. The adoption of the law of Ukraine «About local communities» will allow on legislative level to settle the quastion of legal subjection of a local community as a legal entity of public law, its legal, organizational and other guarantees, which to a large extent affect on the capacity of such local community, its real ability to decide quastions of a local significance and protect own rights and legal interests self-sufficient in full. A Clear definition of a legal status of a local community allows to harmonize the system of public administration in districts and to provide a successful development of the state as a whole. Key words: local self-government, territorial community, legal status, administrative-territorial reform.