ORGANIZATION OF UNITED TERRITORIAL COMMUNITIES IN THE POST-WAR PERIOD: THEORETICAL AND LEGAL ASPECT

The article examines the theoretical and legal aspect of the organization of united territorial communities based on the concepts and issues proposed by the specialized parliamentary committee for the development of the provisions of the draft law on changes to the Constitution of Ukraine in terms of decentralization. The proposed key changes were analyzed, in particular, regarding securing the right of communities to make decisions on any issues of local importance that have not been transferred by the state to other bodies, the introduction of the principle of delegation of powers by central bodies of executive power with one hundred percent provision of executive bodies of united territorial communities with appropriate finances for their implementation, introduction of the dual nature of the territorial community at the same time as a territorial unit and a set of residents living on its territory, as well as establishing the right of communities to cooperate with each other. Attention was focused on the model of a «strong responsible head of the community» proposed for approval in the Constitution of Ukraine. The expediency of this concept was investigated, the implementation of the proposed model in practice was analyzed, the potential order of the possible situation of applying the proposed constitutional prerogatives of the head in practice was simulated, and the concept was compared with similar norms of the municipal system in the constitutions of democratic European countries such as Poland, France, Bulgaria, the Czech Republic, and Lithuania. It is proposed to implement the organization of the activities of self-government institutions on the basis of their balance, for example, with counter levers of influence on the head of the community, which would on the one hand restrain him from high-profile decisions, and on the other hand, leave him under control in accordance with the interests of the community that elected him. And also the discussion on this topic in the scientific community and public society was updated with the aim of studying and researching this issue in order to develop the most effective draft law on changes to the Constitution of Ukraine in the part of decentralization in the post-war period in order to consolidate the gains already achieved.