Issue: № 4, 2024
Doi: https://doi.org/10.37634/efp.2024.4.7
In the paper, the author's team conducted a scientific study of the issues of determining the list of local bodies of public administration and their administrative and legal status. As a result of the conducted scientific research, the authors came to the conclusion that local public administration bodies can include such bodies as: local state administrations as local bodies of executive power, territorial bodies of central bodies of executive power, bodies of local self-government, regardless of whether they perform delegated powers of the executive power or not, other subjects, if they are delegated the powers of the executive power or local self-government, bodies of public administration of a military-civilian nature (military administrations). The authors of the paper reduced the administrative-legal status of these bodies to several features: their exercise of state or local public power, granted to them by the Constitution of Ukraine and the laws of Ukraine, through the delegation of powers or through the exercise of powers determined by the legislation on the legal regime of martial law; extension of public power to a certain administrative-territorial unit or territorial community and concerns issues that can be resolved within the relevant region (community); dualism in subordination – the absence of subordination of state public authorities to local public authorities, the presence of subordination relations in the systems of local executive authorities, territorial executive authorities and local self-government bodies; special administrative and legal regulation of each of the systems of local bodies of public administration. Public administration bodies of a military-civilian nature are characterized by: temporary nature; the presence of elements of a military organization; creation and liquidation by the President of Ukraine; the main task is to ensure the safety and normalization of the life of the population in the area of repelling armed aggression of the Russian Federation, front-line and rear areas; multi-vector subordination.
Keywords : public administration, local bodies of public administration, bodies of military-civilian administration, local governments, local state administrations, military administrations
References:
1. Averianov V. Reforming Ukrainian administrative law: a thorough basis for a theoretical discussion. Law of Ukraine. 2003. No. 5. pp. 117–122 (in Ukrainian).
2. Lohvynenko A.O. Procedural competence of public administration bodies: theory and practice of implementation: diss. ... PhD in legal sciences: 12.00.07. Kyiv, 2020. 238 p. (in Ukrainian).
3. Havrik R.O. Doctrinal issues of defining the concept of decentralization and local public power. Problems of modern transformations. Series: Law, Public Management and Administration. 2023. No. 8. URL: https://reicst.com.ua/pmtl/article/view/2023-8-01-07/2023-8-01-07 (in Ukrainian).
4. Artemenko I. A. Bodies of public administration as subjects of administrative procedural law: theory and practice. abstract dis. ... doctor in legal sciences. 12.00.07. Dnipro, 2017. 34 p. (in Ukrainian).
5. Moroz V. O. Administrative and legal support of organizational forms of activity of local bodies of public administration. Legal novels. 2023. No. 21. pp. 75-81 (in Ukrainian).
6. Paida Yu. Yu. Public administration as an object of administrative and legal regulation. Legal journal of Donbass. 2020. No. 3 (72). pp. 145–154 (in Ukrainian).
7. Bilokon T.M., Datsenko V.M., Dotsenko O.S. Judicial control over the activities of public administration in Ukraine: theory and practice: monograph. Vinnytsia, 2017. 112 p. (in Ukrainian).
8. On the legal regime of martial law: Law of Ukraine dated May 12, 2015. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/389-19#Text (in Ukrainian).
9. Kuzmenko D.O. Administrative and legal regulation of the activity of public administration bodies in the area of the Joint Forces Operation: diss. ... PhD in legal sciences: 12.00.07. Dnipro, 2020. 22 p. (in Ukrainian).
10. Obrusna S.Yu., Ivanova I.V., Panimash Y.V., Pasynchuk K.M. Administrative and legal status of military-civilian public administration bodies as subjects of public administration. Scientific Bulletin of the Uzhhorod National University. Series: Law. 2023. No. 78. Vol. 2. pp. 90-95 (in Ukrainian).
11. Zhuravel T. S. Problems of finding the optimal model of activity of public administration bodies of a military-civilian nature. Taurian Scientific Bulletin. 2023. No. 6. pp. 46-53 (in Ukrainian).
12. Lialiuk O.Yu. Military and military-civilian administrations in the system of territorial organization of power in Ukraine: a comparative analysis. Problems of legality. 2022. Issue 157. pp. 6–19 (in Ukrainian).