United territorial community as an object of management: theoretical aspects

Abstract

The analysis of the development of the theoretical components of the united territorial community is carried out, in particular, the formulation of the concept of "territorial community" is analyzed. It is highlighted that the latest phase of territorial development in Ukraine started in 2014 together with the start of local government reform. During this period, the majority of the population of Ukraine began to urge the government to carry out the procedure of transferring powers and resources to lower levels of public administration, directly to the places of residence of citizens. One of the main tasks of this process was to create united territorial communities as a viable administrative-territorial unit. And this, in turn, During the writing of the article, the criteria for determining the essence of the territorial community, based on the characteristics of the local community, or their combination: territorial, sociological, constitutional and legal and complex. Thus, the territorial criterion for determining the essence of the territorial community is associated with the use of such a feature as the permanent residence of people in the settlement. The sociological criterion allows us to formulate the essential plane of this concept as a special integral social community, to explore the interaction of local affairs, which not only unite the territorial community, but also act as its fruit. Defining a territorial community on the basis of constitutional and legal criteria allows to assess the community as a subject of local self-government, which has the right and real ability to act on the basis of the implementation of the competence to address issues of local importance. Based on a comprehensive, systemic criterion, we can characterize the community as a set of citizens of Ukraine who live together in an urban or rural settlement (administrativeterritorial unit), have collective interests and a legal status (is a subject of civil relations ). In general, we come to the intermediate conclusion that the territorial community is the selfgoverning social environment, the formation and proper functioning of which is a prerequisite for building the rule of law. Even in the process of writing the article, it was found that at the present stage with the creation of territorial communities in the form in which they are now, communities become viable and gain autonomy from the state. The mentality of the residents themselves, who do not fully accept local authorities as their representatives and representatives of their will, and believe that local self-government is another means of implementing public policy at the local level, also plays an important role in this. As a result, the new united territorial community is the primary detail of local self-government, the autonomy of which comes not from state power, but from the sovereignty of the people. It is further emphasized that in the process of reform, political forces in the upper echelons of power were unable to quickly and logically implement the concept in a consistent manner, which provided for appropriate changes to the Constitution and, as a result, Ukraine began the reform from the period of "voluntary community unification". And the Law "On Voluntary Association of Territorial Communities" actually became the main tool of reform, because then it provided the legal basis for the creation of united territorial communities. Its defining feature was the consolidation at the legislative level of a single approach - methods of forming capable territorial communities. In general, it was noted that the process of unification into new affluent territorial communities has led to the emergence and search for new ways to solve a number of problems of legislation and regulation, relating directly to the unification process and the organization of governance in the reformed territories, financial, material and organizational support of their development.