Автор:

Петришин О. О (Petryshyn O. O.), Candidate of Legal Sciences (Ph.D.), Head of Comparative Law Sector at the Scientific Research Institute of State Building and Local Government of the National Academy of Legal Sciences of Ukraine

Анотація

This article examines modern decentralization reforms in Ukraine through the level of their support and acceptance by the civil society and studies the possible interactions between the people and the state in the process of implementation of such reforms. An attempt was made to determine the initial goals of these reforms, as well as target groups and the desired results, both officially declared and those that can be highlighted from the practice of implementation to date. Based on the goals determined, it became evident that at the moment the state has excelled at effectively creating tools to ensure its influence in the regions as well asthe transfer of responsibility from central authorities to the local level, while not providing a sufficient level of real opportunity for community residents to solve issues of local importance. Main problems faced by the freshly established and other territorial communities and their residents in the process of the reform are discussed, such as: the problems of ethnic representation (the concern of Hungarian, Romanian and other communities (minorities) about the loss of a real opportunity to address issues of local importance due to amalgamation), the problems of ensuring a real participation in elections to the amalgamated territorial communities (both passive and active electoral rights), problems of proper spending of the additional budgetary funds (granted by fiscal decentralization), corruption and other risks arising from the spending of such funds (responsibility, account etc.). Based on statistics, the problem of the partial passivity of civil society in the implementation of this reform is highlighted. The existing problem of the paternalistic attitude of the people of Ukraine to their state, which is in many respects the legacy of the Soviet Union and its ideology, is also discussed. On the other hand, such attitude towards the state is countered by a more positive level of trust in local self-government, which opens opportunities for its effective use in future reforms. The problem of lack of consensus in the process of reforms between the state, the people and Western partners that support (financially and in other ways) these reforms are highlighted separately, further proving that without the establishment of common goals and ensuring full-fledged cooperation, these reforms may lose relevance and support long before their full implementation. Our domestic reforms cannot be implemented using the same methods and rules that were used by our Western partners. Modern Ukrainian society was created based on other ideas and its relationship with the authorities differed significantly from those based on Western European values. It is necessary to make considerable efforts and spend a considerable amount of time to form in each resident of Ukraine an understanding of the system and principles of proper interaction with the government and the state. However, this process cannot begin unilaterally, it must be reciprocal and be constantly supported by the state. After all, it is impossible to build a dialogue between a person and a state, with none of the mentioned actually willing to participate in. The problem considered in this article is a much deeper and complex issue, stretching far beyond the limits of decentralization reforms, and at the root of it there is a communication gap between the state and the authorities represented by its organs, institutions and officials, and people represented by the civil society and other active public entities. It is necessary to gradually shift from the inherited Soviet approach of «man for the state» to the Western democratic value-oriented formula of «state for the man».

Ключові слова: decentralization, civil society, modern reforms in Ukraine, democratic values