PROBLEM ASPECTS OF EARLY TERMINATION OF AUTHORITIES OF LOCAL GOVERNMENT OFFICIALS, WHICH INCLUDE ELECTED POSITIONS

The article analyzes the shortcomings and gaps in the legal regulation of early termination of the powers of local self-government officials who hold elected positions. One of the main elements of reforming the service in local self-government bodies is the labor relations of officials of local self-government bodies, the state of regulation of which is currently very low. Despite the fact that on June 7, 2001, the Verkhovna Rada of Ukraine adopted Law No. 2493 «On Service in Local Self-Government Bodies», which became the legal basis for the formation and development of this type of public service, currently it does not meet the needs of today and the need to adopt a new codified legislation. The issue of terminating the powers of local self-government officials who hold elected positions has become especially relevant, because the legal regulation of this institute is at the intersection of labor and administrative law, which, in turn, leads to the conflict of legal regulation and corresponding problems in practical activity. The current legislation of Ukraine, namely the Law of Ukraine «On Local Self-Government in Ukraine», in Article 79 provides the grounds for early termination of the powers of a village, township, city mayor, i. e. a person who holds an elected position, to which he is elected in the relevant local elections through secret voting. The article deals with the procedure for early termination of the authority of a village, settlement, or city mayor in case of dismissal from the position held by the deputies of the relevant council by secret ballot, on the grounds given, such as violation of the Constitution or laws of Ukraine, the rights and freedoms of citizens, failure to ensure the exercise of the powers granted to him. Regarding establishing the fact(s) of violation of the Constitution of Ukraine, there are no criteria, articles of the Constitution of Ukraine that are violated, etc. According to the judicial practice that takes place in Ukraine, as a basis for the early termination of powers, deputies take two or more decisions of a court (courts) that have entered into force, which annulled and recognized as illegal the orders (orders) of the village, settlement, city mayor, which in such a case, it should be legislated, if there are no such court decisions, then the deputies, just by the very fact of making a decision, deprive the corresponding chairman of his powers on the grounds given, since the legislator, among other things, did not define the obligation to prove such grounds, according to a clear procedure, which violates the constitutional principle presumption of innocence of an official whose powers are terminated. The legislator must clearly and clearly define the algorithm, the procedure for establishing the facts of violation of the laws and the Constitution of Ukraine, and most importantly — the entity that is empowered to determine such facts, for example, it can be a reference to court decisions that have gained legal force, which recognized actions (inaction) of the village, settlement, city mayor are illegal (unlawful). The article defines that the most controversial and disputed is the termination of powers, which occurs against the will of the official. Current judicial practice on the early termination of the powers of city (village) heads is given and the financial losses of communities as a result of illegal decisions are analyzed. It was determined that there is an urgent problem in making changes to the legislation, especially in terms of compensation for budget losses due to the illegal dismissal of city (village) heads.