关于地方行政机关与地方自治机关职权划分的理论

Y.Y. Baltsii
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摘要

这篇文章专门讨论关于界定地方公共当局权限的某些理论问题。重点揭示了行政权力机关和地方自治机关的“权限”、“权力”、“职能”范畴的术语特征。作者重点关注地方行政机关和地方自治机关职权划分的某些特点。报告指出,发展地方自治作为人民公共活动的直接表现形式和组织公共权力的自由、民主方式,是乌克兰行政改革和整个国家建设的组成部分。会议确定,界定权限的问题本身就很成问题,因为实际上不可能界定在实地执行单一行政活动的机构(公共当局)的职能。首先,由于地方国家行政机构和地方自治机构执行一种一般管理职能,它们面临一个共同的任务- -对领土实行最有效的管理。这一任务的执行要求两个管理中心具有监管和管理、沟通、控制、信息、规范、组织和体制等职能。有人认为应以控制原则为基础,在界定地方自治机构和地方国家当局的权限时,控制机构的干预程度应与这种干预应保护的利益的重要性成比例。经确定,目前乌克兰地方执行机构和地方自治机构之间的职权划分状况不是很好,这是由于一些问题造成的,即:行政改革不彻底;中央集权公共管理模式的继承现行立法在地方公共权力领域的不完善,导致地方执行机构与地方自治机构之间的权限界定存在诸多冲突。需要强调的是,目前阶段的行政改革和地方自治改革的目的是改善立法和加强乌克兰公共权力领域的立法框架。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Regarding the theory of demarcation of competences of local executive bodies and local self-government bodies
The article is devoted to the coverage of certain theoretical issues regarding the delimitation of the competences of local public authorities. Attention is focused on revealing the terminological features of the category’s «competence», «powers», «functions» of executive power bodies and local self-government bodies. The author focuses attention on certain features of the demarcation of competences of local executive bodies and local self government bodies.It is stated that the development of local self-government as a direct form of manifestation of public activity of the population and a free, democratic way of organizing public power is an integral part of administrative reform in Ukraine and state building in general. It was determined that the very question of delimitation of competences is quite problematic, because it is practically impossible to delimit the functions of bodies that carry out a single administrative activity (public authority) on the ground. First of all, because local state administrations and local self government bodies perform a kind of general management function, they face a common task - the implementation of the most effective management of territories. The implementation of this task requires both management centers to have such functions as regulatory and managerial, communicative, control, informational, normative, organizational and institutional and a number of others.It is argued to take as a basis the principle of control, which should be carried out in such a way that the degree of intervention of the controlling body is proportionate to the importance of the interests that this intervention should protect when delineating the competences of local self-government bodies and local state authorities.It was determined that the current state of demarcation of competences between local executive bodies and local self-government bodies in Ukraine is not in a very good condition, which is due to some problems, namely: the incompleteness of the administrative reform; inheritance of a centralized model of public administration; the imperfection of the current legislation in the field of local public authorities, which leads to numerous conflicts in the delimitation of competence between local executive bodies and local self-government bodies. It is emphasized that the current stage of administrative reform and local self-government reform is aimed at legislative improvement and strengthening of the legislative framework in the sphere of public authority in Ukraine.
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