Current Problems of the Interaction of Local Government Bodies With Civil Society Institutions Under the Conditions of the Marital Law
Year: 2024
Type: article
Abstract: Introduction. The importance of the transition to the development of joint decisions by local self-government bodies in cooperation with civil society institutions within the framework of local self-government issues is due to the processes of democratization, decentralization and the establishment of "good governance". Bringing the level of participatory democracy to the level of partnership requires a completely different level of trust and the presence of a positive practice of interaction. However, under the conditions of martial law, Ukraine is faced not only with the problems of repelling aggression from the Russian Federation, but also with destructive propaganda in the conditions of incomplete decentralization and democratization reforms. At the same time, major global disruptions, including Russian aggression against Ukraine and climate change, have underscored the importance of strengthening governance in democracies – and citizens' trust in them. Based on doctrinal studies and analysis of legislation, the main groups of problems in the sphere of interaction between local self-government bodies and civil society have been determined. The purpose of the study is to highlight the actual problems of interaction between local self-government bodies and institutions of civil society in the conditions of martial law. First, problems should be systematized and grouped by content and the order and sequence of steps to solve them should be determined. Summary of the main results of the study. The current problems of interaction between local self-government bodies and institutions of a democratic society can be grouped in the following directions: 1. Low level of involvement/participation in the institutions of participatory democracy. The reasons may be a formal approach, a lack of trust and an appropriate level of interaction, which allows effective influence on decision-making by local self-government bodies and officials; 2. The need for updating and the need to eliminate gaps in the current legal acts. At the same time, local acts also need updating; 3. Typicality and pattern in relation to interaction, without considering local features. It is important to avoid "implanting" the institution of interaction through the adoption of standard documents. In terms of the investigated problem, it should be noted that many recommendations for interaction are contained in by-laws; 4. Low level of implementation of participatory participation. Certain types of participatory democracy are regulated by local acts. For example, local councils are authorized to adopt the charter of a territorial community, which establishes the procedure for holding meetings in the relevant territory, the right to submit electronic petitions, participate in elections and local referenda, etc. Conclusion. In view of the conducted research, the following problems of interaction should be singled out: low level of involvement/participation in the institutions of participatory democracy; the need for updating and the need to eliminate gaps in current legal acts; typicality and pattern in relation to interaction, without considering local features; low level of implementation of participatory participation. Each group of problems requires separate attention, and not only legal scholars. Considering the above areas that need improvement, a general strategy for the expansion and development of institutions of participatory democracy in combination with good governance and democratization should be developed. The issue of implementing institutions of participatory democracy at the "partnership" level is a promising direction for further research. We should warn against fragmentary and unnecessary changes to the Constitution of Ukraine. The full-scale aggression against Ukraine demonstrated the low level of guarantees for local self-government, and many important changes to the legislation were made already in May 2022. Of course, all this should be taken into account when developing a new draft of amendments to the Constitution within the framework of the completion of constitutional and municipal reforms. At the same time, firstly, the changes should not negate the positive achievements of the reforms, and secondly, they should contribute to eliminating the shortcomings of the local self-government reform. Updates should be balanced, sufficient and implemented only, if necessary, while maintaining the course for Ukraine's membership in the European Union and the North Atlantic Treaty Organization.
Author: Liliya Hryshko
Institution: V. N. Karazin Kharkiv National University
Language: English
Topic: Legal and Policy Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408869914