Completion of the decentralization reform in Ukraine: comparative legal search for optimal models
Year: 2025
Type: article
Abstract: The article highlights current problems related to the decentralization of public power in Ukraine, analyzes modern approaches, and views of scientists on resolving these issues. The paper examines issues related to the decentralization reform, namely: defining the concept of decentralization, its types; features of political, economic, and social processes that affect the reform of municipal government using the example of France, Poland, and Ukraine in the context of decentralization; problems that arise when communities are consolidated, expanding the powers of certain levels of local government, and the possibility of effective implementation of local government in new conditions. Among the main problems related to the implementation of delegated powers, several key aspects should be highlighted. In particular, we are talking about the limited financial capabilities of local government bodies, which complicates the proper performance of the transferred functions; the absence of an effective mechanism for transferring such powers; the imperfection of the system of control over their implementation; as well as legal regulation of local government powers exclusively within the framework of a positive principle, which significantly limits their autonomy. In addition, attention is drawn to a practical approach to solving these problems by adopting new regulatory legal acts, developing development programs for relevant territories, and expanding the opportunities for community residents to influence local government. The purpose of the article is to propose promising directions for implementing the decentralization reform, taking into account the experience of reforming France and Poland, which will contribute to the effective completion of this reform after the end of martial law. The article focuses on: (a) the problems that France and Poland encountered during the decentralization reform and the ways in which these countries solved them; (b) legislative gaps, ways and methods of overcoming them in modern conditions, (c) the need to amend the current legislation, (d) the beliefs, views and conclusions of scientists regarding the effective completion of the decentralization reform in Ukraine, etc. Taking into account the views of scientists, domestic practice, and the experience of European countries, the article provides specific proposals for ways to solve these problems.
Authors: O. Yu. Lyalyuk, A. I. Kyrychenko, A. E. Romanova
Institution: Yaroslav Mudryi National Law University
Language: English
Subfield: Geography, Planning and Development
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410545296