CONCEPTUAL FOUNDATIONS AND PRINCIPLES OF LEGAL REGULATION OF DECENTRALISATION IN SELECTED EUROPEAN COUNTRIES AND UKRAINE

Abstract

Background: This research paper aims to enhance theoretical understanding and explore the conceptual foundations and principles of legal regulation of decentralisation. Establishing a well-defined categorical apparatus is an important prerequisite for drafting effective legal regulation, and decentralisation is no exception. A precise understanding of this concept allows for the development of clear stages of its implementation in national legislation. No less important is the proper formulation of the principles of legal regulation of decentralisation. These principles allow further development of a system of legal regulation that will ensure the autonomy of local self-government. Methods: The study provides a comparative analysis of the principle of decentralisation implementation experience in such countries as Belgium, Italy, France, Lithuania, Poland, Ukraine and the United Kingdom, which have chosen both centralised and decentralised forms of public administration. The paper employs a multi-faceted methodology to analyse legal aspects of decentralisation in countries under study, focusing on the observance of the European Charter of Local Self-government standards and the evolution of constitutional frameworks of decentralisation. This approach includes a comparative analysis of constitutional models of decentralisation and their historical backgrounds, as well as an analysis of the practical application of decentralisation and recentralisation as phenomena in modern national policy. Particular attention is given to the influence of the martial law regime on these processes in certain countries. Results and Conclusions: The main research findings clarify the primary problems of European standards of local-self-government implementation in studied countries. They highlight the distinction of specific approaches to decentralisation, including its combination with deconcentration, devolution or even centralisation of power. Additionally, the research provides an analysis of the historical aspect of the development of the constitutional framework for decentralisation. Lawyers and legislators can use these insights to improve the effectiveness of legislation regarding local self-government development in the studied countries.