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DOI: https://doi.org/10.34069/AI/2023.62.02.26
How to Cite:
Chernadchuk, T., Kozachok, I., Maletov, D., Pankratova, V., & Steblianko, A. (2023). Organizational and legal provision of the
control function of the local self-government body in conditions of sustainable development. Amazonia Investiga, 12(62), 258-272.
https://doi.org/10.34069/AI/2023.62.02.26
Organizational and legal provision of the control function of the local
self-government body in conditions of sustainable development
Організаційно-правове забезпечення контрольної функції органу місцевого
самоврядування в умовах сталого розвитку
Received: February 5, 2023 Accepted: March 20, 2023
Written by:
Tamara Chernadchuk1
https://orcid.org/0000-0002-6758-7438
Inna Kozachok2
https://orcid.org/0000-0003-0789-3334
Dmytro Maletov3
https://orcid.org/0000-0002-1241-1005
Viktoriia Pankratova4
https://orcid.org/0000-0002-4775-565X
Alina Steblianko5
https://orcid.org/0000-0002-5080-0490
Abstract
The article discusses the issue of organizational
and legal support of the control function of the
local self-government body in the conditions of
sustainable development in Ukraine. The
functions of local self-government in Ukraine
were outlined. The essence of the control
function of local self-government bodies has
been studied. The authors performed an analysis
of the legislation defining the control powers of
local self-government bodies and carried out its
relationship with the goals of sustainable
development. The purpose of this article is to
define and characterize the control function of
the local self-government body and its
relationship with the goals of sustainable
development. Various methods were used in the
article, namely: historical method, method of
documentary analysis, formal-legal, system-
structural. Thus, with the help of the system-
structural method, information on the
relationship between the legally defined
functions of local self-government bodies and the
goals of sustainable development was
systematized, which contributed to increasing the
complexity, systematicity and completeness of
1
Candidate of Legal Sciences, Associate Professor of the Department of Administrative and Information Law of the Sumy National
Agrarian University, Ukraine.
2
PhD-student of the Department of Administrative and Information Law of the Sumy National Agrarian University, Ukraine.
3
PhD in Law, Department of Criminal Legal Disciplines and Procedure, Sumy State University, Ukraine.
4
PhD, Department of Fundamental Jurisprudence and Constitutional Law, Sumy State University, Ukraine.
5
PhD in law, Assistant of the Department of Fundamental Jurisprudence and Constitutional Law, Sumy State University, Ukraine.
Chernadchuk, T., Kozachok, I., Maletov, D., Pankratova, V., Steblianko, A. / Volume 12 - Issue 62: 258-272 / February, 2023
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the research. Thanks to this, it was possible to
conclude that after the reform of the local self-
government institute, which consisted in
decentralization, the local self-government
bodies gained additional control powers, which,
as a result, strengthened sustainable development
in the localities.
Keywords: local self-government bodies,
sustainable development, functions of the local
self-government body, financial control.
Introduction
Local self-government is the basis of modern
democracy, the initial link of self-organization of
the population, on which the power of the rule of
law rests. Any modern democratic, legal state has
a well-developed institution of local self-
government, from which people's rule begins.
Local self-government always was one of the
main institutions of civil society. Most of the
democratic states of the world have a developed
system of local self-government, which is
delegated a number of state functions
(Perezhniak et al., 2021).
The right of local self-government is an integral
component of the legal systems of many states of
the world. The term "self-government" is of
English origin and has been in use since the end
of the 18th century. is used in English
constitutional law to denote the organization of
the English social order, when the people
exercise their right to self-government through
their elected parliament and local representative
bodies of self-government, whose activities are
devoid of any external administrative assessment
(Utvenko, 2017).
In Ukraine, local self-government is called the
right of a territorial community - residents of a
village or a voluntary association of residents of
several villages, towns and cities into a rural
community - to independently resolve issues of
local importance within the limits of the
Constitution and laws of Ukraine.
Local self-government is carried out by the
territorial community in accordance with the
procedure established by law, both directly and
through local self-government bodies: village,
settlement, city councils and their executive
bodies. (International Center for Advanced
Studies, 2015).
Article 140 of the Constitution provides: "Local
self-government is the right of a territorial
community - residents of a village or a voluntary
association of residents of several villages, towns
and cities into a rural community - to
independently resolve issues of local importance
within the limits of the Constitution and laws of
Ukraine." (Law of Ukraine 254k/96-VR, 1996).
In addition, the same article defines the form of
exercising such a right to power: "Local self-
government is carried out by a territorial
community in the manner established by law,
both directly and through local self-government
bodies: village, settlement, city councils and their
executive bodies." (Law of Ukraine 254k/96-VR,
1996).
The purpose of this article is to define and
characterize the control function of the local self-
government body and its relationship with the
goals of sustainable development.
The object of the study is social relations in the
sphere of ensuring the control function of the
local self-government body.
The subject of the study is the organizational and
legal provision of the control function of the local
self-government body in the conditions of
sustainable development in Ukraine.
Ukraine, as a civilized, legal state with European
integration aspirations, and as a UN member
country, participates in the global process of
ensuring sustainable development. Sustainable
development should permeate the entire
administrative hierarchy and start at the local
level. In Ukraine, as a modern democracy, the
system of local self-government has been
reorganized through the decentralization reform.
Thanks to this, significant progress has been
achieved, but the organizational and legal
support of local self-government still needs
improvement, especially in the aspect of
developing the control function of the local self-
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government body in the conditions of sustainable
development.
Theoretical framework
In order to reveal the topic and the main idea of
the article, the historical retrospective of the
formation of the local self-government institute
on the territory of Ukraine was first investigated.
The historical background of the establishment
of the local self-government institute was studied
by Klimova. Thanks to her, we know that the first
mentions of self-organizing bodies of people's
government were in Ukraine even before our era.
In addition, Zablotskyi, studying the historical
formation of the local self-government system of
Ukraine, came to the conclusion that the original
representative of this institution was the people's
body "viche", even during the times of Kyivan
Rus. Establishing this fact gives the reader an
idea of the historical background and
development of the research topic.
In turn, Zhalilo, Shevchenko, and Romanova
studied the issue of decentralization in their
writings, and concluded that the redistribution of
power by central bodies and local authorities
makes it possible to update the entire hierarchy
of administrative relations between branches of
government by improving the level of checks and
balances. The analysis of the above-mentioned
literature formed an idea of the evolution and
reform background of the institution of local self-
government in Ukraine.
The next stage of the research was an analysis of
scientific literature on the functions of local self-
government and the impact of decentralization
on them. Thus, the financial aspect of the
consequences of decentralization, on the
evolution of the state economy through the
improvement of its efficiency and accountability,
were studied by such Natskovians as
Gryshchenko, Bondar, Serohina, Bodrova,
Stokhova. They agreed that the proposed
decentralization policy should provide an
impetus to unlock new opportunities on the
ground.
Marysyuk, Komnatny, Grigor' Eva, Prystay,
Mital have a similar opinion, namely, in the
context of the fact that decentralization, due to
the improvement of public-private partnership at
the local level, is positively correlated with key
areas of social relations. Based on this, at the end
of the study, conclusions are made about the
positive impact of the decentralization reform on
the development of the local self-government
institute in Ukraine.
Since this article reveals the control function of
local self-government, it was expedient to
analyze the categorical and conceptual apparatus
of defining the "function of local self-
government". Regarding the issue of the
functions of local self-government bodies, it
should be noted that a number of scientists have
studied them. For example, Harmatyuk and Filyk
drew a parallel between the functions of local
self-government and the implementation of
democratic rights of the territorial community.
Hlyvka highlights the main powers of the
territorial community as a subject of
administrative relations, and also notes the
presence of cultural and social content in the
functions of local self-government bodies, and
their exceptional influence on the development
of a democratic system in society (Hlyvka,
2016).
Ros, in turn, defines the function as a direction
that is determined by the social goal of local self-
government bodies to implement the tasks
defined and assigned to them by the legislation
of Ukraine.
V. Chushenko and V. Kuybida studied the
functions of local self-government bodies and
made their own classification. (Kuiybida &
Chushenko, 1998).
The analysis of N. Skrypchenko and Bosov
singles out the specific functions of local self-
government bodies, the main part of which is the
control function (Skrypchenko, Bosov, 2009).
V. Bordenyuk also dealt with the issue of
classification of local self-government functions
in Ukraine, emphasizing their uniqueness and
specificity. (Bordenyuk, 1998) .
A full understanding of the research topic could
not take place without revealing the concept of
"sustainable development" and its concept.
Therefore, it is important to note that the concept
of "sustainable development" was first proposed
in the monograph "Beyond Growth: The
Economics of Sustainable Development",
authored by Herman Daly (Daly, 1996).
It is necessary to note the following authors who
studied issues related to the problems of
sustainable development. Klarin studied the
concept of sustainable development and its
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integration in various spheres of human activity
(Klarin, 2018).
The essence of the theory of sustainable
development was defined by Kravchenko and
Antoshchenko (Kravchenko & Antoshchenkova,
2019).
Lazorenko characterized the category of
"sustainable development" and highlighted its
main features (Lazorenko, 2021).
Ruggerio K. studied the criteria that the concept
of sustainable development must meet
(Ruggerio, 2021).
The very essence of the researched topic, namely,
the correlation of the control function of local
self-government bodies with the goals of
sustainable development is revealed through the
publications of the following authors.
Kaminska investigated control measures of local
self-government bodies through the
implementation of plans and reporting
(Kaminska, 2010).
Redkin also separately distinguished between
control and self-governing powers of local self-
government bodies delegated control authority
(Redkin, 2014).
In turn, Fugelo studied the implementation of the
control function of local finances (Fugelo, 2015).
With the help of a comprehensive analysis of the
mentioned literature, it became possible to reach
the conclusions presented in this article.
Methodology
To achieve the goal of the article, a set of research
methods was used. Using the historical method, the
authors investigated the history of the establishment
of the local self-government institute in Ukraine,
namely its formation and development. Using the
method of documentary analysis, the article
identifies the main provisions of normative legal
acts of Ukraine (the Constitution and the Law of
Ukraine "On Local Self-Government Bodies"),
which establish the main control functions of local
self-government bodies. Using the formal-legal
method, the legal principles of ensuring the control
function of local self-government bodies were
outlined and the articles of the current legislation
regulating their application were highlighted.
Thanks to the system-structural method,
information on the relationship between the legally
defined functions of local self-government bodies
and the goals of sustainable development were
systematized and presented in the form of a table.
Other general scientific and unique legal methods
were used in the research, which contributed to
increasing the complexity, systematicity and
completeness of the research.
The article contains references to 36 sources,
including articles indexed on the scientometric
basis of Web of Science, including seven normative
sources.
Results and discussion
Local self-government in Ukraine: history and
reform of decentralization
The history of the development of local self-
government in Ukraine dates back many
centuries. and quite strong traditions. The first
state entities built on the principles of self-
government were founded by the Greeks on the
territory of modern Ukraine (in the Northern
Black Sea region) in the 7th - 6th centuries В.С.
(Klimova, 2004).
Speaking of the historical retrospective of the
development of local self-government in the
Ukrainian statehood itself, it begins with a
representative body called "Viche". During the
times of Kyivan Rus, the subjects of self-
government were, on the one hand, urban
communities that enjoyed administrative,
economic, and judicial autonomy, and on the
other hand, rural (neighboring) communities-
vervi. The viche had significantly wider
(compared to European analogues of self-
government systems) own powers, because the
viche had the competence not only to hire a
prince (in the modern sense: a manager-
manager), but also to demand a report from him,
expel and even execute him, announce a military
campaign, establish international relations, etc.
At the same time, institutionally, the century was
inferior to European practices, since it did not
have any permanent institutions of its own in the
"interval" period, but relied on the princely
administration (Zablotskyi, 2013).
Despite such a rich history, the institution of self-
government is undergoing reformation and
further development even today. It is important
to note that in modern Ukraine, the institution of
local self-government experienced a significant
decentralization reform in 2014. To understand
the content of this reform, first of all, it is
necessary to define the conceptual and
categorical apparatus, namely from the concept
of "decentralization".
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Decentralization is the process of transferring
powers and budget revenues from state bodies to
local self-government bodies. The primary goal
of local self-government reform is to ensure its
ability to independently, at the expense of its own
resources, solve issues of local importance. For
this, territorial communities are given greater
resources and their own internal reserves are
mobilized (International Center for Advanced
Studies, 2015).
Decentralization of power as a component of the
state policy of regional development is one of the
defining reforms on the agenda in Ukraine. It
created the basis for rooting radical institutional
transformations, improving the quality of life of
citizens and is of great importance for the
continuation of sectoral reforms. Thanks to the
creation of a new system of distribution of power
between central and local authorities in Ukraine
today, a new system of relations between
different branches of government and a new
balance of checks and balances is actually being
formed . Moreover, strengthening the ability of
the community to effectively influence the
essential characteristics of the quality of its life is
the basis of the sustainable development of the
community on the basis of inclusiveness
(Zhalilo, Shevchenko & Romanova, 2019).
This policy is based on the provisions of the
European Charter of Local Self-Government
(Ministry of Education and Science of Ukraine,
2002) and the best global standards of public
relations in this area.
As of now, the decentralization of power in
Ukraine can be divided into two stages:
The first stage - 2014-2019:
For this, the main package of updated legislation
was formed and implemented:
• Laws on amendments to the Budget (Law of
Ukraine № 79-VIII, 2015) and the Tax (Law
of Ukraine №71-VIII, 2015) codes of
Ukraine. Thanks to these changes, financial
decentralization took place (local budgets
increased by UAH 206.4 billion : from UAH
68.6 billion in 2014 to UAH 275 billion in
2019).
• Law "On Voluntary Association of
Territorial Communities" (Law of Ukraine
№562-IX, 2015). Made it possible to start
forming a capable basic level of local self-
government. In 2015-2019, 982 United
Territorial Communities were voluntarily
created in Ukraine. About 4,500 former local
councils (out of almost 12,000) were
included in these united territorial
communities. Such rates of intermunicipal
consolidation have been called very high by
international experts.
The law also introduced the institute of elders in
the united territorial communities, which
represent the interests of the villagers in the
community council.
In 2018, the united communities received
communal ownership of almost 1.5 million
hectares of agricultural lands outside settlements.
• Law "On Cooperation of Territorial
Communities"(Law of Ukraine № 1508-VII,
2014). Created a mechanism for solving
common community problems: waste
disposal and processing, development of
common infrastructure, etc. Hundreds of
communities have already used this
mechanism.
• Law "On the principles of state regional
policy" (Law of Ukraine № 156-VIII, 2015).
During the reform, state support for regional
development and community infrastructure
development increased 41.5 times: from
UAH 0.5 billion in 2014 to UAH 20.75
billion in 2019. Thanks to this support, more
than 12,000 projects were implemented in
the regions and communities in 2015-2019.
• Legislation was passed to increase the
authority of local self-government bodies
and streamline the delivery of administrative
services. This allowed for the delegation of
appropriate levels of authority to these
bodies, enabling them to provide essential
administrative services such as registering
residences, issuing passport documents,
registering legal entities and individuals,
resolving civil status and property rights
issues, addressing land disputes, and more.
The second stage of decentralization in Ukraine -
2020-2021:
2020 became a key year in the issue of the
formation of the basic level of local self-
government: on June 12, 2020, the Government
approved a new administrative-territorial system
of the basic level. According to the orders of the
Cabinet of Ministers, 1,469 territorial
communities have been formed in Ukraine,
which will cover the entire territory of the
country (Decentralization, 2023).
As we can see from the results of the reform,
decentralization is a common element of public
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finance development and reform strategies
through efficiency, better governance and
accountability. By using the given powers, such
a policy can help to develop local potential and
reveal it to its fullest extent (Gryshchenko et al.,
2022).
In addition, the public-private partnership, which
has grown at the local levels after the
decentralization mechanisms obtained, has an
impact on innovation, health care, the
environment, the rule of law, and unemployment
rates (Marysyuk et al., 2021).
So, the advantages of a strong, properly
functioning institution of local self-government
are obvious. Orientation towards European
values led to a new round of evolution of local
self-government in Ukraine - decentralization,
which in turn strengthened the control function
of local self-government bodies.
The concept and essence of the control function
of local self-government bodies
Each body of state power, in accordance with the
purpose of its existence and the task of its
creation, has functions assigned to it. Local self-
government bodies are no exception.
The functions of local self-government bodies
contain a wide cultural and social content,
because they contribute to the development of
democracy in society and ensure the realization
of the rights of the territorial community
(Harmatyuk & Filyk, 2020)
It is worth noting that the Law of Ukraine "On
Local Self-Government in Ukraine" lacks a clear
list of functions of local self-government, the
presence of relevant functions can be interpreted
based on the powers of local self-government
bodies. A. Hlyvka believes that such a position
of the legislator is not justified, since the
concepts of "powers" and "functions" have
different content. The powers of relevant local
self-government bodies are formed based on
their functions and directions for their
implementation. The main powers of a territorial
community as a subject of local self-government
include: economic development, development of
infrastructure, formation of a strategy for the
development of the respective territorial
community, issues of urban planning, social and
cultural powers, provision of housing and
communal services, provision of transport
services for the population, guarantee and
provision of public security, issues of education,
health care, provision of improvement of the
relevant territory. However, in our opinion, an
important issue in terms of the development of
local self-government is the consolidation of the
system of its functions at the legislative level.
The consolidation of functions as real legal
instruments is a legal guarantor of their
implementation. The functions of local self-
government bodies contain a wide cultural and
social content, because they contribute to the
development of democracy in society and ensure
the realization of the rights of the territorial
community (Hlyvka, 2016).
Therefore, the legislative gap is filled by the
opinions and hypotheses of domestic scientists.
At the same time, scientific and theoretical
research emphasizes the difficulty in classifying
the functions of local self-government.
O. Ros defines the functions as the main
directions or types determined by the social
purpose of the representative bodies of local self-
government in Ukraine activities of the councils
for the implementation of tasks defined by the
Constitution of Ukraine, the Law on Local Self-
Government, other laws and regulatory acts. The
functions of representative bodies of local self-
government are a set of legal methods and
organizational, material and financial means that
will allow local councils to exercise their powers
granted by law. The complexity of the
classification of functions is related to the
diversity of their content, and the specifics of
each of them. Therefore, it is quite difficult to
find an acceptable criterion for the classification
of functions, since they must cover together all
aspects and areas of activity of representative
bodies of local municipalities (Ros, 2020).
Despite the indicated difficulty of classification,
Ukrainian legal science does not stop trying to
classify the functions of local self-government
bodies.
V. Chushenko and V. Kuybida name the
following functions of local self-government
bodies: ensuring optimal socio-economic and
cultural development of the respective territorial
communities; ensuring the real participation of
residents of territorial communities in solving
public and state affairs; formation and final
expression of the will and interests of the
territorial community; control function (Kuybida
& Chushenko, 1998).
N. Skrypchenko, based on the analysis of powers
defined by law, single out the following
functions inherent in representative bodies of
local self-government, "normative, human rights
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protection, establishment, control" (Skrypchenko
& Bosov, 2009).
V. Bordenyuk singles out three main functions of
local self-government bodies: 1) support of
democracy; 2) ensuring the right of citizens to
participate in the management of state affairs at
the local level; 3) provision of services to the
local population (Bordenyuk, 1998).
Having developed his academic opinion in his
dissertation research, V. Bordenyuk says that
"representative bodies of local self-government
have unique socio-political functions
(representative, rule-making, establishing,
control, budgetary), as they are system-forming
factors of the subsystem of representative bodies
and reflect their specific role in the mechanism
state" (Bordenyuk, 2009).
That is, regardless of the relative differences in
the classification of functions of local self-
government bodies, we can undoubtedly see
unanimity in the selection of the control function.
Therefore, we can conclude that the control
function is one of the main functions of local self-
government bodies and a necessary constituent
element of the relevant institution, which comes
from the very essence of power, as a social
regulator.
Regarding the essence of the control function, it
includes the implementation by local self-
government bodies of numerous control
measures to check the activities of officials
(Krush, 2007).
The idea of sustainable development and
Sustainable Development Goals
The author of the innovative economic theory of
sustainable development, systematically covered
in the monograph "Beyond Growth: The
Economics of Sustainable Development", is a
leading researcher of the economic aspects of
environmental pollution, former World Bank
economist Herman Daly (Daly, 1996).
Quoting Mr. Ban Ki-moon (UN Secretary
General) "The Seventeen Sustainable
Development Goals (SDGs) are our shared
vision for humanity and a social contract between
world leaders and people." It should be noted that
the 2030 Sustainable Development Agenda was
unanimously supported by 193 countries (UN
News, 2015).
The proposed 17 goals are directly related to the
actual needs of people without reference to the
GDP of the country in which they live. In
essence, this document is interdisciplinary and
large-scale, as it covers three levels of
sustainable development: social, economic, and
environmental. In addition, it contains ambitious
challenges for the achievement of peace, justice
and the promotion of effective institutions.
The 2030 Agenda for Sustainable Development
intends to achieve its goals through mechanisms
that involve the prudent management of financial
resources, active progress and exchange of
technology and capacity building, and the
enhancement of mutually beneficial
partnerships.
Figure 1. Sustainable Development Goals kick off with the start of the new year. Source: (UN News, 2015).
The goal of sustainable development is to meet
the basic needs of people, while simultaneously promoting development and environmental
protection, achieving equality, ensuring social
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self-determination and cultural diversity, as well
as preserving ecological integrity. Although the
concept of sustainable development has evolved
over time, its core principles and goals have
contributed to a greater awareness of the
limitations of our environment and the need for
more responsible behavior. As a result, this
concept has been adopted in a wide range of
human endeavors (Klarin, 2018).
The essence of the theory of sustainable
development is to ensure the harmonious
development of the national economy, which
contributes to economic and social growth; the
center of attention is a person who focuses his
activities as much as possible on achieving
harmony with nature; incompatibility and
inadmissibility of revolutionary catastrophic
changes (Kravchenko & Antoshchenkova,
2019).
In general, the category of "sustainable
development" can be described as an anti-crisis,
unceasing, stable process, which aims to increase
the economic efficiency of the company's
activities with a simultaneous increase in the
level of responsibility towards partners and
customers, as well as established measures to
preserve the environment and improve the
quality of life of the current and future
generation. The main characteristic of
sustainable development is the ability to control
all processes based on the use of a system
approach and modern information technologies
(Lazorenko, 2021).
In general, Ruggerio, C. after analyzing the
concepts of Sustainability and sustainable
development concluded that the definition or
conceptual model of sustainability, designed to
define sustainability, should meet the following
criteria: a) take into account the complexity of
socio-ecological systems by covering economic,
ecological, social and political factors; b) take
into account intergenerational and
intragenerational justice; and c) refer to the
hierarchical organization of nature, that is,
recognize the feedback between social-
ecological systems and their environment
(Ruggerio, 2021).
Based on the results of national consultations, it
can be concluded that the society in Ukraine is
ready to participate in the development of a
strategic document that would define new long-
term goals. The new goals should ensure the
integration of efforts for economic growth, the
pursuit of social justice and rational use of nature,
which requires deep socio-economic
transformations in Ukraine and a new global
partnership.
When defining the goals of sustainable
development in Ukraine, it is necessary to
develop a new system for monitoring social
progress. It is important not only to measure the
overall development of the country, but also to
ensure the possibility of comparing the success
of individual groups of the population according
to the following divisions: age, gender, ethnicity,
education, income, place of residence. It is
necessary to create an open platform to ensure
broad participation of all those interested in
national monitoring of the achievement of goals
(Sustainable development GOALS, 2016).
The correlation between the control function of
local self-government bodies and the goals of
sustainable development
The control function of local self-government
bodies provides for the implementation by
representative local self-government bodies of
control measures to check the activities of
officials, executive bodies of local self-
government and deputies of the relevant
councils. These measures are carried out in the
form of listening to reports, messages,
consideration of deputy requests, making
decisions on the early termination of the powers
of local self-government officials, the activities
of temporary commissions of local councils. The
control function is also implemented through
mutual control by councils, officials and
executive bodies of local self-government in
compliance with legal acts of local self-
government bodies, control over compliance
with legislation on the territory of the community
(on the use of land and other natural resources,
the state of work regarding the consideration of
citizens' appeals at enterprises, institutions and
organizations regardless of the form of
ownership, the state of improvement of industrial
territories, the organization of landscaping, the
protection of green spaces, reservoirs, etc.).
The consequences of these measures may be an
appeal to the court to recognize as illegal the acts
of executive authorities, other local self-
government bodies, enterprises, institutions and
organizations that limit the rights of the
community, the powers of local self-government
bodies and officials, submissions to the relevant
authorities to prosecute officials persons, if they
ignore the legal requirements and decisions of the
councils and their executive bodies, adopted
within their powers.
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Quarterly control over the results of the
implementation of the budget, socio-economic
and cultural development programs takes place
through the review by the councils of the
corresponding quarterly written reports prepared
by the executive bodies of local self-government
and state administrations. Important means in the
implementation of control measures by self-
governing bodies over the activities of
enterprises and organizations that belong to the
communal property of the respective territorial
communities are control over the implementation
of plans, over the use of profits, as well as
listening to reports on the work of the managers
of these enterprises (Kaminska, 2010).
In addition to the control self-governing powers
of local self-government bodies, it is possible to
single out delegated powers of a controlling
nature, which are exercised by the executive
bodies of local self-government:
– carrying out, in accordance with the
legislation, control over the proper operation
and organization of public services by
enterprises of housing and communal
services, trade and public catering,
household services, transport,
communication, technical condition, use and
maintenance of other real estate objects of
all forms of ownership; making decisions on
cancellation of the permission given by them
for the operation of objects in case of
violation of environmental, sanitary rules,
other requirements of legislation;
– implementation of control over compliance
with legislation on the protection of
consumer rights;
– control over the state of apartment
registration and compliance with housing
legislation at enterprises, institutions and
organizations located in the relevant
territory, regardless of the forms of
ownership;
– monitoring the provision of social protection
for employees employed in jobs with
harmful working conditions at enterprises,
institutions and organizations, as well as the
quality of certification of workplaces,
working conditions and providing
employees with benefits and compensation
for working in harmful conditions in
accordance with the law ;
– implementation of control over compliance
with land and nature protection legislation,
use and protection of land, natural resources
of national and local importance,
reproduction of forests;
– carrying out in the prescribed manner state
control over compliance with legislation,
approved town planning documentation in
the planning and development of the
relevant territories; stopping, in cases
provided for by law, construction that is
carried out in violation of urban planning
documentation and projects of individual
objects, and may also cause damage to the
surrounding natural environment;
– monitoring of ensuring the reliability and
safety of buildings and structures, regardless
of ownership, in areas affected by dangerous
natural and man-made phenomena and
processes (Redkin, 2014).
In addition, based on the analysis of legislation
and scientific sources, we can also come to the
conclusion that the bodies of state power and
local self-government have acquired certain anti-
corruption powers (Bondarenko, Utkina,
Dumchikov, Prokofieva-Yanchylenko,
Yanishevska, 2021). That is, with the
development of anti-corruption powers, the
control of anti-corruption activities is entrusted
to local self-government bodies.
This is confirmed by the fact that it is quite
obvious that in the conditions of decentralization
and the transfer of significant material resources
to localities, the requirements for transparency
and accountability of the local government, the
integrity of the relevant officials reach a higher
level. This, in turn, requires a qualitatively new
level of organization of anti-corruption work and
integrity system at the regional level (USAID,
2022).
The control function over local finances is
implemented, in particular, in the activities of
local self-government bodies when drafting local
budgets, their consideration and approval, as well
as the implementation and preparation of a report
on the implementation of local budgets, in the
process of control over the formation and use of
budget funds. The scope of the control function
is not limited to local budgets, but includes other
cash funds and, in general, all financial resources
at the disposal of local self-government. The
control system should be aimed at correcting
violations and preventing them in the future.
Strengthening local public control over the use of
budget funds will be effective (Fugelo, 2015).
In which areas exactly does it match, which
reports exactly, and what does the control
function consist of:
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Table 1.
Reflection the goals of sustainable development and the legislative framework of local self-government of
Ukraine (Maletov D., Pankratova V., own authorship)
The goal of
development
How is it
implemented? (by which body)
Article of the Law of
Ukraine "On Local
Self-Government in
Ukraine"
Content of the article (powers)
Goal 1: No poverty
Department of social
protection of the
population under local
self-government bodies
Article 30
promoting the expansion of housing 3)
construction, providing citizens in need of
housing with assistance in housing
construction, in obtaining loans, including
preferential ones, and subsidies for housing
construction or purchase; providing assistance
ers of apartments (houses) in their to own
maintenance and repair; assistance in the
owners of -creation of associations of co
apartment buildings;
Goal 2: Zero hunger (No
hunger)
Directly by local self-
government bodies
Article 32
in nutrition and 6) organization of medical care
educational, cultural, physical education and
sports institutions, health facilities that belong
to territorial communities or are transferred to
them;
Goal 3: Good health and
well-being
Local self-government
bodies and communal
medical institutions
Article 32
a) own (self-governing) powers: and nutrition in of medical care 6) organization
educational, cultural, physical education and
sports institutions, health facilities that belong
transferred to to territorial communities or are
them; b) delegated powers: 1) ensuring, within the limits of the granted
powers, the availability and free of charge of
education and medical care in the relevant
territory, the possibility of receiving education
in the state language; 2) ensuring, in accordance with the law, the
development of all types of education and
medical care, the development and
improvement of the network of educational and
medical institutions of all forms of ownership,
physical culture and sports, determining the
need and forming orders for personnel for these
institutions, concluding contracts for the
training of specialists, organizing work
regarding the improvement of the qualifications
of personnel, the involvement of employers in
the provision of places for industrial practice
for students of vocational and technical
educational institutions; 3) providing, in accordance with the legislation,
privileged categories of the population with
medicines and medical products;
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Goal 4: Quality
education
The corresponding
Department of
Education, which is an
executive body
accountable and
controlled by the city
council, the executive
committee of the city
council, the mayor
Article 32
1) management of educational, health care,
cultural, physical education and sports
institutions, health facilities, youth centers that
belong to territorial communities or transferred
to them, youth and adolescent institutions at the
place of residence, organization of their
material, technical and financial support; 2) provision of full general secondary,
professional (vocational-technical),
professional pre-university and higher
education in state and communal educational
institutions, creation of necessary conditions
for education of children and youth,
development of their abilities, work training,
professional orientation, productive work of
students, promoting the activities of preschool
and extra-curricular educational institutions,
children's, youth and scientific and educational
public associations, youth centers; 3) creation of a compulsory education fund at
municipally owned general education
institutions at the expense of local budget
funds, attracted for this purpose on a
contractual basis, funds of enterprises,
institutions and organizations, regardless of the
forms of ownership, as well as funds of the
population, other sources; control over the use
of the funds of this fund as intended;
Goal 5: Gender equality
-
-
There are none in the current law;
Goal 6: Clean water and
sanitation
Directly by local self-
government bodies
Article 30, Article 43
Article 30. 5) provision of social and cultural institutions
that belong to the communal property of the
respective territorial communities, as well as
the population with fuel, electricity, gas and
solving issues of water other energy carriers;
supply, drainage and wastewater treatment;
monitoring the quality of drinking water; Article 43. 23) establishment of rules for the use of water
intake structures designed to meet the drinking,
ation, household and other needs of the popul
sanitary protection zones of water supply
sources, restrictions or bans on the use of
drinking water by enterprises for industrial
purposes;
Goal 7: Affordable and
clean energy
Directly by local self-
government bodies
Article 28
establishment of tariffs for thermal energy 2)
(including its production, transportation and
supply), tariffs for centralized water supply and
centralized drainage, for other communal
services (except tariffs for thermal energy, its
) and supply, tariffs production, transportation
for communal services, which are established
by the National Commission, which carries out
state regulation in the spheres of energy and
communal services), household, transport and
other services;
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Goal 8: Decent work and
economic growth
Directly by local self-
government bodies
Article 27, Article 35
Article 27. 1) preparation of programs for socio-economic
and cultural development of villages, towns,
cities, target programs on other issues of self-
government, submitting them for council
approval, organization of their implementation;
submission of reports to the council on the
progress and results of the implementation of
these programs; 2) ensuring balanced economic and social
development of the relevant territory, effective
use of natural, labor and financial resources; Article 35. 1) concluding and ensuring the execution of
contracts with foreign partners for the purchase
and sale of products, performance of works and
provision of services in accordance with the
procedure established by law; 2) promotion of foreign economic relations of
enterprises, institutions and organizations
located in the relevant territory, regardless of
the forms of ownership; 3) assistance in creating, on the basis of
legislation, joint enterprises with foreign
partners, industrial and social infrastructure and
other facilities; attraction of foreign
investments to create jobs;
Goal 9: Industry,
Innovation and
Infrastructure
Directly by local self-
government bodies
Article 31
of enterprises, institutions and 4) involvement
organizations, regardless of the form of
ownership, on a contractual basis, to participate
in the development of the capacities of the
construction industry and the construction ment materials industry, in the creation, develop
and reconstruction of facilities for engineering
support and transport services;
Goal 10: Reduced
inequality
Department of social
protection of the
population under local
self-government bodies
Article 30
3) promoting the expansion of housing
construction, providing citizens in need of
housing with assistance in housing
construction, in obtaining loans, including
preferential ones, and subsidies for housing
construction or purchase; providing assistance
to owners of apartments (houses) in their
maintenance and repair; assistance in the
owners of -creation of associations of co
apartment buildings;
Goal 11: Sustainable cities
and communities
Directly by local self-
government bodies
Article 13 and
indirectly all others
1. The territorial community has the right to
hold public hearings - to meet with the deputies
of the relevant council and officials of local
self-government, during which members of the
territorial community can listen to them, raise
questions and make proposals on issues of local
importance that belong to the jurisdiction of
local self-government.
Goal 12: Responsible
consumption and
production
Directly by local self-
government bodies
Article 30
21) establishment of standards (norms) for the
consumption of communal services in
accordance with the procedure prescribed by
the Cabinet of Ministers of Ukraine
Goal 13: Climate action
Directly by local self-
government bodies
Article 33
a) own (self-governing) powers: ensuring the functioning of 11) creating and
local ecological automated information and
analytical systems, which are a component of
the network of the national ecological
automated information and analytical system
for providing access to environmental
information; b) delegated powers: 1) implementation of control over compliance
with environmental legislation, use and
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protection of natural resources of national and
local importance, reproduction of forests;
Goal 14: Life below water
-
-
There are none in the current law;
Goal 15: Life on land
Directly by local self-
government bodies
Article 43
making decisions on approving the list of
)
2 -24
animal species that are not listed in the Red
Book of Ukraine, but are rare or have special
other value, or are scientific, environmental and
endangered and subject to special protection on
the territory of the relevant councils;
Goal 16: Peace, justice
and strong
institutions
Directly by local self-
government bodies
1-
18 Article
A local self-government body can be a plaintiff
and a defendant in courts of general
jurisdiction, in particular, apply to the court if it
is necessary to exercise its powers and ensure
the performance of local self-government
functions.
Goal 17: Partnership for
the goals
Directly by local self-
government bodies
Article 30
5) provision of social and cultural institutions
that belong to the communal property of the
respective territorial communities, as well as
the population with fuel, electricity, gas and
of water other energy carriers; solving issues
supply, drainage and wastewater treatment;
monitoring the quality of drinking water;
The proposed table makes it possible to clearly
see the presence of correspondence between each
goal of global development and the norm of the
profile law of Ukraine, which regulates the
activities of local self-government bodies and
provides it with the appropriate control functions.
Based on the conducted analysis and
systematization, we note that only two functions
do not have their normative relationship in the
national profile law. One function (Goal 14: Life
below water) is missing, indirectly due to
geographical features of Ukraine - lack of direct
access to the oceans. And the other (Goal 5:
Gender equality) is enshrined in other normative
legal acts and legislative initiatives that have not
entered into force at the time of writing the
article. On the one hand, this indicates a fairly
high, although not directly defined, correlation
between the provision of control functions to
local self-government bodies at the level of
national legislation and the goals of sustainable
development. And on the other hand - about the
need to develop, specify and finalize these
norms.
Conclusions
Summarizing the above, after conducting a
detailed analysis, it was possible to establish that
the first signs of local self-government in
Ukraine were recorded as early as the 7th
century. to n. Since then, the institution of local
self-government has evolved, and its last change
in Ukraine was the decentralization reform,
which significantly expanded the organizational
and legal provision of local self-government
bodies. Normative regulation begins with the
Constitution of Ukraine (Chapter XI, Articles
140-141), which contains the definition and basic
principles of local self-government in Ukraine,
and is fully ensured by the profile Law of
Ukraine "On Local Self-Government Bodies".
Organizational - is provided thanks to
departments, departments, managements that are
authorized to create local self-government
bodies, within their competence, as well as
delegated powers. Thanks to the presence of the
control function, which comes from the content
of the local self-government institute, and the
organizational legal support of local self-
government bodies, it was possible to establish
and analyze its relationship with the goals of
sustainable development. Of course, some of
them (Goal No. 5 of Gender Equality) need to be
improved, by enshrining it at the legislative level
in the relevant law and related to it (laws on local
elections, etc.). But in general, it is possible to
single out the positive impact of the granted
powers as a result of the decentralization reform
on the organizational and legal foundations of
ensuring the control function of local self-
government bodies. In addition, we suggest
enshrining changes in the legislation and directly
specifying the powers of local self-government
bodies regarding the development of sustainable
development. This will make it easier to assess
the effectiveness of local self-government
organizations in this direction, and will
strengthen the institution of local self-
government as a whole.
Bibliographic references
Bondarenko, O., Utkina, M., Dumchikov, M.,
Prokofieva-Yanchylenko, D., &
Yanishevska, K. (2021). Review of the
Volume 12 - Issue 62
/ February 2023
271
http:// www.amazoniainvestiga.info ISSN 2322- 6307
effectiveness of the state anti-corruption
institutions in Ukraine. Amazonia Investiga,
10(38), 219-233.
https://doi.org/10.34069/AI/2021.38.02.22
Bordenyuk, V. (1998). Municipal reform: what,
how and why. Viche, 7, pp. 63–79.
Bordenyuk, V.I. (2009). Correlation of local self-
government and state administration:
constitutional and legal aspects: autoref.
(Thesis Dr. law Sciences). Institute of
Legislation of the Verkhovna Rada of
Ukraine, Kyiv, 36 p. (In Ukranian)
Daly, H.E. (1996). Beyond growth: the
economics of sustainable development.
Beacon Press.
Decentralization. (2023). Why decentralization?
Decentralization posabilities. Recovered
from https://decentralization.gov.ua/about
Fugelo, P.M. (2015). The essence, organization
and ways of improving efficiency budget
control at the local level. Efficient economy.
"DKS Center", 10. URL:
http://www.economy.nayka.com.ua/?op=1&
z=4386
Gryshchenko, I., Bondar, Y., Serohina, S.,
Bodrova, I., & Stohova, O. (2022). Building
the capacity of territorial communities by
revealing their latent potential. Amazonia
Investiga, 11(53), 45-58.
https://doi.org/10.34069/AI/2022.53.05.5
Harmatyuk, O. O., & Filyk, A. V. (2020)
Functions of local government in the
conditions political system transformations.
Materials of the 19th International Scientific
and Technical Conference of Young
Scientists and Students. Actual tasks of
modern technologies - Ternopil November
25-26, 2020. 172 UDC 352/354 Ternopil
National Technical University named after
Ivan Pulyu, Ukraine. (In Ukranian)
Hlyvka, A. O., (2016) The Functions of Local
Government in the Conditions of
Transformation of the Political System of
Ukraine. Taras Shevchenko KNU
http://dspace.onua.edu.ua/bitstream/handle/1
1300/8866/Hlyvka%20APP_58-
18.pdf?sequence=1&isAllowed=y
International Center for Advanced Studies
(ICPS). (2015). The essence of the reform of
local self-government bodies
(decentralization) Recovered from
https://icps.com.ua/assets/uploads/images/fil
es/verstka_decentralizaciya.pdf
Kaminska, N.V. (2010). Local self-government:
theoretical-historical and comparative-legal
analysis: study guide. Kyiv: KNT, 2010,
232 p.
https://westudents.com.ua/glavy/65506--1-
funkts-mstsevogo-samovryaduvannya.html
Klarin, T. (2018). The concept of sustainable
development: From its beginning to the
contemporary issues. Zagreb International
Review of Economics & Business, 21(1),
67-94.
Klimova, G. P. (2004). "Local self-government
in Ukraine: history and modernity." State
construction and local self-government, 8.
https://dspace.nlu.edu.ua/bitstream/1234567
89/2481/1/Klimova_80.pdf
Kravchenko, Yu. M., & Antoshchenkova, V. V.
(2019). Factors of sustainable development
of the agricultural sector economy. Bulletin
of the Kharkiv National Technical University
of Agriculture, 200, "Economic Sciences",
pp. 174-183.
https://repo.btu.kharkov.ua/handle/12345678
9/20258
Krush, P.V. (2007). Regional management:
study guide. State control in the field of local
self-government: peculiarities of legal
regulation. Kyiv: TsUL, 248.
https://www.ceeol.com/search/article-
detail?id=354355
Kuybida, V., & Chushenko, V. (1998). The
system of local self-government in Ukraine.
Bulletin of the Ukrainian Academy of
Sciences, 2, pp. 186-194.
Law of Ukraine № 156-VIII. On the principles of
state regional policy, 2015. Edition of
07/27/2022, basis - 2389-IX
https://zakon.rada.gov.ua/laws/show/156-
19#Text
Law of Ukraine № 79-VIII. On Amendments to
the Budget Code of Ukraine on the Reform of
Interbudgetary Relations (Vedomosti
Verkhovna Rada (VVR), 2015, No. 12,
Article 76)
https://zakon.rada.gov.ua/laws/show/79-
19#Text
Law of Ukraine №1508-VII. On Cooperation of
Territorial Communities Document.
Adoption dated 06/17/2014.
https://zakon.rada.gov.ua/laws/show/1508-
18#Text
Law of Ukraine №254k/96-VR. Constitution of
Ukraine. Vidomosti Verkhovnoi Rady, 1996,
141. Recovered from
https://zakon.rada.gov.ua/laws/show/254%D
0%BA/96-%D0%B2%D1%80#Text
Law of Ukraine №562-IX. On Voluntary
Association of Territorial Communities
Document 157-VIII, 2015. Edition dated
05/14/2020.
https://zakon.rada.gov.ua/laws/show/157-
19#Text
Law of Ukraine №71-VIII. On Amendments to
the Tax Code of Ukraine and some legislative
acts of Ukraine on tax reform, 2015. Edition
272
www.amazoniainvestiga.info ISSN 2322- 6307
of 01.01.2022, basis - 1089-IX
https://zakon.rada.gov.ua/laws/show/71-
19#Text
Lazorenko, T. V. (2021). Sustainable
development as the basis of the economic
growth of the enterprise. Business,
Innovation, Management: Problems and
Perspectives, 90-91.
https://acortar.link/wKyPxc
Marysyuk, K.B, Komnatnyi, S.O,
Grygor`yeva, V. V., Prystai, T.M, &
Mital, O.H (2021). Public-private partnership
as a new form of social responsibility and a
mechanism of decentralization of public
administration. Amazonia Investiga, 10(45),
52-62.
https://doi.org/10.34069/AI/2021.45.09.5
Ministry of Education and Science of Ukraine.
(2002). Law of Ukraine "On Higher
Education". Legislation of Ukraine, 15,
87-106. Retrieved from
https://zakon.rada.gov.ua/laws/show/994_03
6#Text
Perezhniak, B., Hryshchuk, A., Menso, I.,
Strukova, K., & Nazarko, A. (2021). Local
self-government in public and private law:
latest experience. Amazonia Investiga,
10(41), 211-223.
https://doi.org/10.34069/AI/2021.41.05.21
Redkin, V. (2014) Foundation Lecture on the
academic discipline "Human rights in law
enforcement practice" Topic: "Ensuring
human and citizen rights and freedoms in law
enforcement practice of local self-
government bodies" senior lecturer of the
department. Kyiv: National Academy Of
Internal Affairs, 014.
Ros, O. (2020). Functions as a component of the
institutional capacity of representative bodies
of local self-government in Ukraine. Young
Scientist, 7(83), 98-102.
https://molodyivchenyi.ua/index.php/journal
/article/view/833/804
Ruggerio, C. A. (2021). Sustainability and
sustainable development: A review of
principles and definitions. Science of the
Total Environment, 786, 147481.
Skrypchenko, N., & Bosov, A. (2009).
Improving the activities of local governments
on the basis of monitoring the sustainable
development of administrative districts.
editor: SM Serohin. Dnipro, 3(3),
pp. 243–254 (In Ukranian)
Sustainable development GOALS (2016).
National consultations on the adaptation of
the Sustainable Development Goals for
Ukraine July 5-6.
https://web.archive.org/web/2019081903044
8/
UN News (2015). Sustainable Development
Goals to kick in with the start of the new year.
Recovered from
https://news.un.org/en/story/2015/12/519172
USAID (2022). A guide for the leadership of
local self-government bodies on building a
system of institutional integrity, 92 p.
Recovered from
https://decentralization.gov.ua/uploads/librar
y/file/809/Mayor_book_v7_WEB_FINAL.p
df
Utvenko, V. V. (2017). Theory and history of
local self-government: Teaching. manual. K.:
SE "Vyd. "Personal" house, 234 p. Bibliogr.:
p. 226–231.
https://maup.com.ua/assets/files/lib/book/teo
r_misc_samovryad_2017.pdf
Zablotskyi, V. V. (2013). Comparative analysis
of the historical formation of the local self-
government system of Ukraine. State and
regions. Ser.: State Administration, 3,
102-107.
http://www.pa.stateandregions.zp.ua/archive
/3_2013/19.pdf
Zhalilo, Ya.A., Shevchenko, O.V., &
Romanova, V.V. (2019): Decentralization of
power: the medium-term agenda. Analytical
report. National Institute of Strategic Studies.
K.: 115 p.
https://niss.gov.ua/sites/default/files/2019-
05/2019.pdf