Land resources administration in Ukraine : implementation of a three-tier model of power distribution

Valentyna Mamonova, Vira Kojurina
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Abstract

: The article provides a scientific analysis of the regulation of the powers of district state administrations in the field of land management. It was determined that the normative securing of the functions of the district authorities in land management, as well as the regulation of environmental safety requires unification, since in the basic laws the norms differ in content and formulation. These powers need to be reflected in the structure of the district state administration, in accordance with the basic law of administration (the structure of the public authority must correspond to the functions). In order to study the practice, the structure of 40 district administrations of different regions of Ukraine was analyzed; it was found that the actual structure does not correspond to the functional load, which is enshrined in the legislation. It is such inconsistencies that make it impossible to move to the second stage of decentralization, which is already taking place at the legislative level. analysis powers and responsibilities in various areas, in particular in the field of land relations and environmental issues. It has been established that there is a general tendency to the blurring of the district level of power, since the bulk of powers was given to local governments. A number of functions (control) have been considered expedient to perform together by employees of both structures. The problems that may arise in the cooperation of DSA and local governments in the outlined area have been considered. Approaches to the distribution of powers depending on the stage of land decentralization implementation and the role of DSA in each of the two proposed administration models have been analyzed. Relevant changes to the regulatory framework have been proposed and directions for further research have been indicated.
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乌克兰土地资源管理:三层权力分配模式的实施
本文对地方国家行政机关在土地管理领域的权力规制进行了科学的分析。经确定,为了规范地确保地区当局在土地管理方面的职能,以及规范环境安全,需要统一,因为在基本法律中,规范在内容和措法上是不同的。这些权力需要根据行政基本法反映在地区国家行政机构的结构中(公共权力机构的结构必须符合职能)。为了研究这种做法,对乌克兰不同地区的40个区级行政机构的结构进行了分析;结果发现,实际结构与法例所载的功能负荷不符。正是这种不一致使得不可能进入权力下放的第二阶段,而这一阶段已经在立法一级进行。分析各领域的权力和责任,特别是在土地关系和环境问题领域。已经确定的是,由于大部分权力被赋予了地方政府,因此存在着地区权力模糊的总体趋势。许多职能(控制)被认为是由两个结构的雇员共同执行的权宜之计。考虑了DSA与概述区域内地方政府合作可能出现的问题。本文分析了土地分权实施阶段对权力分配的影响,以及两种拟议行政模式中DSA的作用。已经提出了对监管框架的相关变更,并指出了进一步研究的方向。
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