Peculiarities of the activities of local self-government bodies in united territorial communities under martial law

A. Basko
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Abstract

The article is devoted to the study of the peculiarities of the activities of local self­government bodies in united territorial communities under martial law. It was established that the creation of united territorial communities is one of the essential steps aimed at the implementation of the policy of decentralization of public power, which was launched almost ten years ago, but today has a number of unresolved problems, which include: the formation of communities based on the principle of equality of rights and responsibilities and responsibility for its members; the absence of a clear division of powers between the governing bodies of the united territorial communities and village administrations regarding the financing of the restoration of damaged infrastructure facilities - water, gas, pipelines, educational and cultural institutions, medical institutions, etc.; the procedure, conditions and procedures for the distribution of budget funds and expenses between the state budget and the budget of united territorial communities; leaving certain types of taxes in the revenue part of local budgets of united territorial communities. It was determined that the main problematic issue that must be resolved during military operations and in the post-war period is the legislative consolidation of the criteria for the division of budget revenues of the local and state budget, as well as the procedure for their use and control, including the public one over their distribution and use. It has been proven that the necessary institutional basis for decentralization of power is the consolidation of the subjects of the local self­government system through the creation of united territorial communities, however, the activity of united territorial communities can be effective only under the condition of ensuring their financial capacity and fiscal autonomy. On the basis of the study of the Polish model of the formation of financial resources of local self-government, the need to change the tax mechanism in Ukraine is substantiated, in particular, by assigning the tax on the income of individuals to the category of local taxes with the simultaneous rejection of the practice of legislatively establishing a wide range of benefits from its payment, as well as by establishing a standard deduction of value added tax to local budgets.
戒严下联合领土社区地方自治机构活动的特殊性
这篇文章专门研究了戒严状态下联合领土社区地方自治机构活动的特殊性。文章指出,建立统一领土社区是实施公共权力下放政策的重要步骤之一,该政策于近十年前启动,但目前仍有许多问题尚未解决,其中包括:在权利和责任平等以及对其成员负责的原则基础上组建社区;统一领土社区管理机构与村行政机构之间在修复受损基础设施--供水、供气、管道、教育和文化机构、医疗机构等--的资金筹措方面缺乏明确的权力划分。在国家预算和统一领土社区预算之间分配预算资金和费用的程序、条件和步骤;将某些税种留在统一领土社区地方预算的收入部分。经确定,在军事行动期间和战后必须解决的主要问题是通过立法巩固地方预算和国家预算的预算收入划分标准及其使用和控制程序,包括对其分配和使用的公共控制。事实证明,权力下放的必要体制基础是通过建立统一的地方社区来巩固地方自治制度的主体,然而,统一的地方社区只有在确保其财政能力和财政自主权的条件下才能有效开展活动。在研究波兰地方自治政府财政资源形成模式的基础上,证实了乌克兰改变税收机制的必要性,特别是将个人所得税归入地方税类别,同时摒弃通过立法规定缴纳个人所得税可享受多种优惠的做法,以及确定地方预算增值税的标准扣除额。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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