Ôèëîñîôèÿ / 2.
Ñîöèàëüíàÿ ôèëîñîôèÿ
prof.
Danilyàn O., prof. Dzeban A.
National
University «Yaroslav the Wise Law Academy of Ukraine»
EXPERIENCE OF
IMPROVEMENT OF PUBLIC AUTHORITIES IN EUROPEAN COUNTRIES AND POSSIBILITY OF
ITS APPLICATION IN UKRAINE
Reformation
and improvement of public authorities are one of constituents of process of
creation of the democratic, legal, social state in Ukraine and realization of its
course on eurointegration. In the same time, forming and reformation of public
authorities in transitive society, including Ukraine, is a rather difficult and
contradictory task. Therefore, in order to optimize the process of forming and
reformation of public authorities in Ukraine, it is necessary to study
attentively the experience of foreign countries (foremost, European) on the
improvement of their systems of state power and apply it.
The
experience of countries of Central and Eastern Europe is the most informative
and useful for Ukraine. This countries have carried out continue process of
improvement of public authorities in the direction of construction of the
democratic state-political system and try to achieve the European standards.
And although the process of forming and improvement of public authorities of
most states of Central and Eastern Europe is rather distant from the
completion, the experience accumulated by these countries in the field of
decentralization of state administration, regionalism and local self-government has large
practical value for Ukraine, gives an opportunity to trace the dynamics of
democratic processes and define the features of improvement of public
authorities in different countries.
At the
same time, analysing the experience of the countries of Central and Eastern Europe,
and the Baltic States in reforming the bodies of state power, it is necessary
to remember, that these countries had the best initial condition than Ukraine
and other post-Soviet countries. Among these conditions one can name the
following: 1) the existence of quite
deep historical roots of the state system, quite continuous experience of life
under the conditions of democracy; 2)
relatively small (comparatively with the post-Soviet countries) period
of totalitarian regime domination and its relatively mild character; 3) the consolidated choice of the West-European
model of the political system by the ruling elite and population of these
countries and orientation on rapid integration
to the basic European
structures (ÅU, NATO); 4) the
civilized process of privatization,
return of private property nationalized during while establishing of the post Soviet
regimes to the legal owners or their heirs; 5) successful development creating effective market economy and transition
to the legal state and civil society etc.
The
study of experience of improvement of state power in the countries of Central
and East Europe allows to distinguish prior directions in relation to the
improvement of public authorities. Among them: 1) liquidation of the administrative and command system, particularly
abolition of mechanism of direct management of ministries and other central
organs by inferior organs; 2) reformations of executive bodies of central level:
complete revision of their function, transmission some of them to lower levels,
clear differentiation of powers between the different levels of power,
optimization of sizes and amount of ministries; 3) decentralization of state
administration, revival of local self-government and transmission to the local
organs of financial resources for implementation of delegated them powers; 4) performing
of administrative reform for optimization of process of management of territories
and putting bringing the territorial mode in conformity with existing system of
regional division of NUTS in EU; 5)
acceptance of legislation on public service, creation of the contract system in
public administration that considerably promotes efficiency of state machinery;
6) creation of the special organ responsible euro integration; 7) creation of organ for analysis and co-ordination
of realization of state administration reforms at the level of government; 8) use of informative technologies for increase
of efficiency of public, authorities satisfaction of needs of citizens and
distribution of services through network; 9) elaboration of legal rules and
ethic codes of civil servants, conducting of companies on the improvement of
image of state power and so on.
In
addition, the study of reformation experience of these countries shows modern
tendencies in organization of public power, which is based on the
decentralization of state administration, connected with the strong institutes
of local self-government. Accordingly, it is possible to define basic
directions of perfection of the system of territorial organization of power in
Ukraine : 1) reformation of
administrative-territorial device with the aim of forming all-sufficient
territorial communities, that would own resources sufficient for the effective resolving
of questions of local value; 2) implementation of valuable local self-government
on district and regional levels (creation of new committees of regional and
district councils); 3) transformations of regional state administrations from
local executive of general competence bodies to exercised organs: à)
control-observant functions (administrative control) within the limits of
corresponding regions and observance of Constitution and laws of Ukraine by
local self-government organs and their public servants ; b) co-ordination of activity of
territorial representative offices of central executive bodies; 4) clear
distribution of powers and responsibilities between the levels of local
self-government and executive bodies.
Such
approach will give an opportunity to avoid the so-called «split» of
local-authority and will assist forming of effective mechanism of grant to the
population of valuable public services. Such system of territorial organization
of power will answer the continental European model of public power at local
level and will correspond the mortgage of providing of optimal concordance of
national aims and interests with the features of development and necessities of
territories of Ukraine.
Thus, modernisation
processes in Ukraine must come true in the context of achievement of strategic
aim, Such as are constructions of the state of new type, that serves to the
citizens, leaning on self guided institutes and public society.