Administrative – Territorial Reform in Ukraine: Implementation Challenges and Control Mechanism Improvement
Abstract
The article deals with the possible directions of the administrative-territorial reform in Ukraine in present conditions. The main objective of the study is to develop practical recommendations for carrying out an administrative-territorial reform in Ukraine based on the experience of Western European countries. In this paper the authors applied the method of legal modeling, the prognostic method, which enabled to give scientifically based forecasts on the prospects of the administrative-territorial reform in Ukraine and the implementation of efficient administrative and territorial management. Scientific novelty of the paper includes outlining the essence of the administrative and territorial reform in modern Ukraine, complex and hierarchical national conditions and reform factors. The article also states the necessity of broad decentralization and deconcentration of power, which would enable to stabilize the social situation in the country and to promote the democracy. The undertaken analysis allowed identifying a new form of government, which cannot be considered either unitary or federal. This form of government can be found in Western European countries and is characterized by the indivisibility of the state, which acknowledges local autonomies and implies the most extensive administrative decentralization. The authors propose to improve Ukraine’s control mechanisms according to this form of state structure and taking into account the status of the regions. The article makes a distinction between the concepts ‘the territorial structure of the state’ and ‘the administrative-territorial structure of the state’, the original author’s definitions provided. Practical conclusions and recommendations on carrying out the administrative-territorial reform in Ukraine and proposals for optimization of the control mechanism can be used by Western European countries facing administrative and territorial challenges.References
[2] Arel, D., 2005. The ‘Orange Revolution’: Analysis and Implications of the 2004 Presidential Election in Ukraine, The Third Annual Stasiuk-Cambridge Lecture on Contemporary Ukraine. Cambridge University.
[3] Bański, J., and Mazur, M., 2016. Classification of Rural Areas in Poland as an Instrument of Territorial Policy. Original Research Article. Land Use Policy, 54: 1-17.
[4] D'Anieri, P., 1999. Institutionalizing Democracy in a Divided State. In State and Institution Building in Ukraine, Eds. T. Kuzio et al., N.Y., St. Martin's Press, pp: 59-67.
[5] De Haas, R., Djourelova, M., Nikolova, E., 2016. The Great Recession and Social Preferences: Evidence from Ukraine. Journal of Comparative Economics, 44(1): 92-107.
[6] Decree 5/2015, 2015. Strategy for Sustainable Development ‘Ukraine – 2020’ Decree of the President of Ukraine, No. 5/2015 dd. January 12, 2015.
[7] DLU No. 4182. 2009. Draft Law of Ukraine ‘On the Territorial Structure of Ukraine’ (of March 10, 2009 No. 4182).
[8] Dohmen, T., Lehmann, H., Pignatti, N., 2016. Time-varying Individual Risk Attitudes over the Great Recession: A Comparison of Germany and Ukraine. Original Research Article. Journal of Comparative Economics, 44(1): 182-200.
[9] Dyczok, M., 2000. Ukraine: Movement without Change, Change without Movement. Amsterdam, Harwood Academic Publishers, pp: 69-71.
[10] Faludi, A., 2009. A Turning Point in the Development of European Spatial Planning? The ‘Territorial Agenda of the European Union’ and the ‘First Action Programme’. Progress in Planning, 71(1): 1-42.
[11] Glukhov, V., 2005. The Reform of Indifference. Dialogue, 11 July, http://dialogs.org.ua/ru/material/full/2/3604.
[12] Gnilorybov, V.V., 2005. Prospects for Local Government Development in the New Political Situation in Ukraine. Interregional Union of Local Self-government Bodies of Ukraine, http: http://oblrada.lg.ua/node/2237.
[13] Gukalova, I.V., Lisovsky, S.A., Maruniak, E.A., Misevich, K.N., Rudenko, L.G., Ryashchenko, S.V., 2009. The Quality of Life in Ukraine and in Russia as a Factor of Socio-economic Development. Geography and Natural Resources, 30(3): 300-305.
[14] Herron, E., Thunberg, M., Boyko, N., 2015. Crisis Management and Adaptation in Wartime Elections: Ukraine’s 2014 Snap Presidential and Parliamentary Elections. Electoral Studies, 419-429.
[15] Hesli, V., 2006. The Orange Revolution: 2004 Presidential Election(s) in Ukraine. Electoral Studies, 25(1): 168-177.
[16] Khmelko, I., and Pereguda, Y., 2014. An Anatomy of Mass Protests: The Orange Revolution and Euromaydan Compared. Communist and Post-Communist Studies, 47(2): 227-236.
[17] Kudelia, S., 2012. The Sources of Continuity and Change of Ukraine’s Incomplete State. Communist and Post-Communist Studies, 45(3–4): 417-428.
[18] LU 157-VIII, 2015. Law of Ukraine ‘On a Voluntary Association of Local Communities’ of February 5, 2015 (in Ed. of the Law of Ukraine of April 09, 2015, No. 676-VIII, November 26, 2015, No. 835-VIII, December 25, 2015 No. 925- VIII).
[19] LU 1678-VII, 2014. Law of Ukraine ‘On Ratification of Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part’ (The Official Bulletin of Verkhovna Rada of Ukraine, 2014, 40, Art.2021. http://zakon4.rada.gov.ua/rada/show/1678-18/paran2#n2
[20] LU No. 1629-IV, 2004. Law of Ukraine ‘On the National Program for Adaptation of Ukrainian Legislation to the Legislation of the European Union’. March 18, 2004 (No. 1629-IV). The Official Bulletin of the Verkhovna Rada of Ukraine (VVR), 2004, 29, Art. 367, http://zakon5.rada.gov.ua/laws/show/1629-15?test=4/UMfPEGznhhK2I.ZiymFOwMHI4fYs80msh8Ie6.
[21] Motyl, A., 2003. Making Ukraine and Remaking It. The Petryshyn Memorial Lecture, Harvard University, pp: 91-100.
[22] Order 333-r, 2014. On Approval of the Concept of the Reform of Local Self-governments and Territorial Organization of Power in the Cabinet of Ministers of Ukraine. Order No. 333-r, of April 01, 2014.
[23] Pirozhkov, S., and Pavlyuk, A., 2005. Administrative-territorial reform in Ukraine: Pressing Matters of Methodology and Practice. Economics of Ukraine, 7: 4-14.
[24] PUI, 2000. On the Program of Ukraine’s Integration into the European Union: Decree of the President of Ukraine of September 14, 2000 (No. 1072-2000). http://www.nkau.gov.ua/nsau/pravonsau.nsf/2699d92dbf73c568c3256a8f00361fc0/f9fbb5c352df555142256b100037aa3f
[25] Riabchuk, M., 2004. From ‘Dysfunctional’ to ‘Blackmail’ State: Paradoxes of the Post-Soviet Transition, 38th Annual Shevchenko Lecture at the Canadian Institute. Ukrainian Studies, 223-225.
[26] Shevel, O., 2015. The Parliamentary Elections in Ukraine, October 2014. Electoral Studies, 39: 159-163.
[27] Shveda, Y., and Ho Park, J., 2016. Ukraine’s Revolution of Dignity: The Dynamics of Euromaidan. Journal of Eurasian Studies, 7(1): 85-91.
[28] Svarin, D., 2016. The Construction of ‘Geopolitical Spaces’ in Russian Foreign Policy Discourse before and after the Ukraine Crisis. Journal of Eurasian Studies, 132-134.
[29] Wanner, C., 1998. Burden of Dreams: History and Identity in Post-Soviet Ukraine. University Park, Pennsylvania State University Press, pp: 22.
[30] Wilson, A., 2005. Virtual Politics: Faking Democracy in the Post-Soviet World. Haven and London, Yale University Press New, pp: 131-135.
[31] Wright, V., 1994. Reshaping the State: the Implication for Public Administration. In: The State in Western Europe. Retreat or Redefinition? Ed. by W.C. Muller and V. Wright, Portland, pp: 68-69.
[32] Zhukov, Y.M., 2016. Trading Hard Hats for Combat Helmets: The Economics of Rebellion in Eastern Ukraine. Journal of Comparative Economics, 44(1): 1-15.
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