The relevance of the study is substantiated by the need to reform the penitentiary system of Ukraine and to identify an optimal model for its institutional development in the context of European integration. Based on the synthesis of legislation and practice of the execution of criminal penalties in the EU Member States, the author has developed an original typology of public administration models in the penitentiary sphere. Four basic models are identified: 1) centralized (ministerial), characterized by a rigid vertical hierarchy; 2) the autonomous (executive) agency model, implying the operational independence of a specialized agency; 3) decentralized (federal), where management is exercised at the regional level; and 4) hybrid (asymmetric), which combines a state-wide system with autonomous jurisdictions. The advantages and disadvantages of each model are analyzed. It is established that a common European trend is the separation of policy-making functions (the prerogative of ministries) from operational management functions. The methodological basis of the study is a combination of general scientific and specialized research methods, including comparative-legal, formal-legal, and institutional analyses. The application of these methodological tools allowed for a deeper study of the European experience of penitentiary institutions. It has been shown that, regardless of the chosen organizational structure, the primary criterion for management efficiency is the state’s ability to ensure reliable, dynamic security, strict adherence to human rights standards, and the creation of the most favorable conditions for the successful social reintegration of offenders. Attention is given to the prospects of transforming the domestic penitentiary system. It is noted that the current Ukrainian penitentiary system retains signs of Soviet institutional inertia and excessive centralization. Based on the analysis, the expediency of the institutional transformation of the penitentiary system of Ukraine through the implementation of the autonomous (executive) agency model is substantiated. The study demonstrates that current Ukrainian legislation creates the necessary legal basis for the functioning of the penitentiary service as an autonomous central executive body accountable to the Ministry of Justice.
The relevance of the study is substantiated by the need to reform the penitentiary system of Ukraine and to identify an optimal model for its institutional development in the context of European integration. Based on the synthesis of legislation and practice of the execution of criminal penalties in the EU Member States, the author has developed an original typology of public administration models in the penitentiary sphere. Four basic models are identified: 1) centralized (ministerial), characterized by a rigid vertical hierarchy; 2) the autonomous (executive) agency model, implying the operational independence of a specialized agency; 3) decentralized (federal), where management is exercised at the regional level; and 4) hybrid (asymmetric), which combines a state-wide system with autonomous jurisdictions. The advantages and disadvantages of each model are analyzed. It is established that a common European trend is the separation of policy-making functions (the prerogative of ministries) from operational management functions. The methodological basis of the study is a combination of general scientific and specialized research methods, including comparative-legal, formal-legal, and institutional analyses. The application of these methodological tools allowed for a deeper study of the European experience of penitentiary institutions. It has been shown that, regardless of the chosen organizational structure, the primary criterion for management efficiency is the state’s ability to ensure reliable, dynamic security, strict adherence to human rights standards, and the creation of the most favorable conditions for the successful social reintegration of offenders. Attention is given to the prospects of transforming the domestic penitentiary system. It is noted that the current Ukrainian penitentiary system retains signs of Soviet institutional inertia and excessive centralization. Based on the analysis, the expediency of the institutional transformation of the penitentiary system of Ukraine through the implementation of the autonomous (executive) agency model is substantiated. The study demonstrates that current Ukrainian legislation creates the necessary legal basis for the functioning of the penitentiary service as an autonomous central executive body accountable to the Ministry of Justice.
Вячеслав Осадчий, Катерина Осадча, Світлана Симоненко
Швидкий прогрес у цифрових технологіях сприяє глибинній трансформації системи вищої освіти, відкриваючи нові можливості для інтерактивного та персоналізованого навчання. Одним із найбільш перспективних напрямів є використання Metaverse, який поєднує технології віртуальної, доповненої, мішаної та розширеної реальності, блокчейну, цифрових двійників та non-fungible token. Завдяки цьому Metaverse пропонує захоплюючий, індивідуалізований та гнучкий освітній досвід, що робить його потужним інструментом у сучасній академічній практиці.Метою даного дослідження є здійснення комплексного аналізу наукових джерел, які висвітлюють можливості інтеграції Metaverse із технологіями штучного інтелекту (ШІ) для удосконалення вищої освіти. Для реалізації поставленої мети було проведено відбір наукових праць у трьох міжнародних наукометричних базах (Scopus, Web of Science, ERIC), сформовано пошукову стратегію на основі ключових запитів та визначених критеріїв включення й виключення. Подальший бібліометричний аналіз із використанням програмного забезпечення VOSviewer дозволив здійснити мережеву візуалізацію та проаналізувати спільне використання ключових слів у відібраних публікаціях.Наративний огляд обраних праць дав змогу окреслити основні напрями поєднання Metaverse та ШІ у вищій освіті. Серед ключових шляхів виділено: створення зручних та корисних для користувача освітніх середовищ і їх розширення до віртуальних університетських кампусів; використання інструментів ШІ для забезпечення безпеки та захисту даних у Metaverse; формування персоналізованих навчальних траєкторій на основі поведінкових моделей та індивідуальних уподобань студентів; сприяння комунікації та співпраці в режимі реального часу; генерація навчального контенту для Metaverse; інтеграція фізичного та цифрового світу; реалізація концепції ШІ-тьюторства для підтримки індивідуального навчання.Результати дослідження підтверджують значний потенціал Metaverse у поєднанні з технологіями ШІ для модернізації вищої освіти, підвищення її якості, доступності та інноваційності.
The article is devoted to the study of the current legal regulation of virtual assets in the French Republic. The author analyzes the advantages and disadvantages of the relevant regulatory framework, decisions taken to harmonize legislation in accordance with the new Regulation of the European Parliament and of the Council, as well as the possibility and expediency of implementing the most successful decisions into Ukrainian legislation. Due to the lack of in-depth research that would combine the main regulatory norms and definitions, as well as provide a general overview of this regulatory system, there was a need to study in detail the current regulatory framework of the French Republic in this sector, which is characterized by simple and clear requirements. Below is a list of responsible regulators, as well as the legally established definition of virtual assets and their classification. The French Republic has developed an original classification system, which currently continues to operate within limits that do not contradict the MiCA classification. Currently, not all objects created on the basis of blockchain technology are subject to regulation, for instance, non-fungible tokens or central bank digital currencies, which complies with the provisions of the MiCA Regulation. The licensing system for service providers in the field of virtual asset circulation, the specifics of the transition period, and new provisions in accordance with MiCA were also examined. An analysis of the requirements for initial coin offerings (ICOs) in accordance with the legislation of the French Republic and MiCA was conducted. The issues of virtual asset mining regulation and taxation regime were examined. It is concluded that the French Republic has managed to regulate the circulation of most known types of virtual assets, create a clear system for all participants in this market, and be able to easily implement new European Union legislation if necessary. Therefore, Ukrainian legislation should adopt an approach to building such an adaptive regulatory system that can be seamlessly harmonised with European Union legislation.
The article presents the results of the analysis of current trends in the development of mathematics education in Israel, in particular, a thorough analysis of the high school mathematics curriculum, the peculiarities of studying mathematics by students in grades 10-12 for different educational units. It is established that over the past thirty years, the Israeli mathematics curriculum has hardly changed. In connection with the results of the international PISA study in 2022, the mathematics programs were updated. The improved mathematics curricula for Israeli schools reflect the flexibility and dynamism inherent in modern society, as in addition to the traditional goals and content of the educational material, they contain basic conceptual provisions, requirements for the development of skills, didactic comments for teachers on the methodology of studying certain topics, organization of the educational process and assessment of students' achievements. The facts presented in the study show that the modern high school mathematics curriculum in Israel and Ukraine has significant differences in both the content of the educational material and approaches to teaching mathematics. The updated mathematics curriculum for students in grades 10-12 for levels 3, 4, and 5 has significant differences. Thus, at level 3, the rationale for studying mathematics in the educational document sets as the main goal to familiarize students with the role of mathematics in everyday life, science and technology, as well as to recognize mathematics as part of human culture, while at levels 4 and 5, the developers see the main goal of studying mathematics in the development of deductive thinking of students, understanding the need to prove statements; development of inductive thinking - hypothesizing, etc. The Israeli curriculum does not clearly establish the order of studying topics, and teachers are able to independently build the sequence of presentation of the material based on their pedagogical beliefs and educational contexts, and select appropriate textbooks. It is concluded that there are certain features of the Israeli education system that should be considered in order to use their individual principles in the Ukrainian education system: decentralization of educational process management, which allows schools to autonomously develop curricula and choose the content of educational materials, differentiation of high school education by three levels of educational units
The article examines decentralized models of general secondary education management in Poland and Germany. It was revealed that reforming the system of public administration in the field of education became a component of preparation for European integration. However, the specific steps of the transformation of the management system in today's conditions involve not only the introduction of elements of European models of education management into domestic education, but also a comprehensive analysis of their positive and negative impact on the functioning of the educational system. It was determined that many countries of the European Union consider the idea of introducing a decentralized model of education management to be progressive, therefore, studying the experience of the functioning of mechanisms of public management of the education system of European countries is instructive for the post-war development of the education management system in Ukraine. The article notes that in Poland, the management of reform processes and activities of secondary education institutions is carried out by self-governing bodies. Here, the powers of the public regarding control over the activities of educational institutions of local communities are maximally expanded, which are strengthened by the organizational and financial responsibility of local authorities for the development of education. Financing of school education in Poland is carried out from the state budget, and local self-government bodies set the rules for paying teachers, are responsible for investing in education, and set the rules for receiving and using private funds by schools. It is noted that the decentralized system of education management in Germany is determined by its federal structure: each state conducts its own educational policy. It was concluded that the democratization of the society of Poland and Germany is characterized by the search for such options of education management that would most successfully ensure the support of educational institutions from the local community. In these countries, it was considered expedient to abandon the system of centralized management of the network of educational institutions and transfer responsibility to the local executive authorities in whose territory they are located. The considered experience of functioning of the decentralized model can be useful when introducing similar models in Ukraine.
The article examines the institutional foundations of the formation and features of the use of the concept of multi-level governance, the determination of methodical approaches to the formation and possibilities of applying an integrated approach to multi-level governance at the subnational level in the context of the implementation of European policies on the development of Ukraine. It has been found that the role of sub-national structures in European politics is becoming increasingly independent and may partially depart from the direct influence and control of national governments. At the same time, regionalization, which took place in a number of leading European countries, ultimately contributed to the decentralization of political power and the transfer of significant powers from the national to the subnational level. The most significant principles of multi-level governance are defined, which should include: transparency and openness of the process of development and adoption of political decisions; compliance with the principles of subsidiarity, inclusiveness and proportionality within this process; comprehensive protection of basic individual rights; development of partnership with the participation of institutions and persons of both public and private law; achieving management efficiency and budgetary balance at all levels of multi-level governance. The principle of partnership in the system of multi-level governance provides for the equality of different levels of power within the European Union, as well as their recognition of mutual democratic legitimacy. The specified principle also provides that the supranational, national and subnational levels of government should develop cooperation, which is carried out on a voluntary and mutually beneficial basis. It is emphasized that the institutional capacity of the governing bodies of the subnational level is the ability of these bodies to effectively, competently and stably perform their functions and powers. This concerns the legal, resource capabilities, competences of the relevant bodies and their ability to coordinate collective actions in the direction of promotion and implementation of public projects and public initiatives that are significant for society. It provides for effective partnership and coordination of relevant bodies, including with government institutions; interdepartmental partnership and coordination; increasing one's own capacity in the field of finance and in the provision of public services in accordance with the principles of subsidiarity and inclusiveness; partnerships and coordination outside the sphere of public administration; as well as audit, evaluation and citizen feedback. Attention is focused on the fact that the consolidation of efforts, that is, the joint interaction of local state authorities and local self-government bodies, is an important condition and at the same time a means of implementing democratic, decentralized management of territories and a condition for proper multi-level governance in the context of the European integration goals and objectives of Ukraine. The implementation of such cooperation will ensure the effectiveness of the mechanism of interaction between executive authorities and local self-government bodies; establish high-quality interaction of local authorities with territorial divisions of central executive authorities; to increase the professional level of employees of local state administrations; regulate the legal status of heads of local executive bodies; to ensure the provision of services to the population of appropriate quality.
The scientific article is devoted to the administrative and legal principles of ensuring the right to professional preliminary education for persons with disabilities: foreign experience and directions for improvement. The experience of the USA and European countries in ensuring the right to vocational higher education for persons with disabilities is revealed Attention is drawn to the fact that higher education in the USA and Great Britain traditionally belongs to the so-called liberal or market model, which is characterized by a high degree of decentralization of management and diversification of higher education systems. In Italy, the state has exclusive legislative powers regarding general matters in the field of education, the minimum standards to be guaranteed throughout the country, and the basic principles. Regions define school networks within their territories, adjust the school calendar, and have exclusive powers in the field of vocational education and training. Schools are autonomous in terms of didactic, organizational and research work. The Italian state is responsible for funding schools for both educational and administrative purposes. It was concluded that the high-quality formation and implementation of vocational pre-university education for persons with disabilities is possible through the borrowing of positive foreign experience: a) openness of the formation and implementation of state policy in the given field for persons with disabilities; b) active development, encouragement, stimulation of the implementation of innovative activities by institutions of higher education, including vocational higher education for persons with disabilities; a) a qualitatively new paradigm of the content of education - considering it not as a collection of the given volume of knowledge, abilities and skills selected according to a certain specialty, but the formation of a comprehensively developed personality according to a comprehensive approach. There is a shift in emphasis not so much on how much the acquirer knows, in particular, persons with disabilities, special knowledge in the chosen field of study, but on how such professional qualities as the ability to adapt, practicality and initiative, the ability to apply acquired special knowledge, in necessary cases creatively rethink it for persons with disabilities. Therefore, when implementing electronic governance in Ukraine, we need to take into account the experience of foreign countries in order to avoid typical mistakes and acquire the most successful practices for ourselves. The priority for the countries that we studied is the introduction of high-quality professional pre-higher education to vulnerable sections of the population.
Бердянський державний педагогічний університет, Ірина Застрожнікова, T. СHEREMISINA, Бердянський державний педагогічний університет
The article considers the main aspects and problems of transforming an educational network in the current context of decentralization. Reference is made to the urgent need of restructuring the responsibilities in education management between the center and regions providing the latter with independence in finances, organization and management at the regional level. It is emphasized that extending powers of the local executional bodies in management of educational institutions is the primary purpose of decentralization process. There was examined a pattern of decentralizing the basic education in Poland, according to which it was recommended to oblige the local self-government bodies to implement the education politics according to the local needs, finding the school administration and continually appraise the quality of education. It has been observed that currently the essential functions of state in education are assigned to the regional state administrations, regional and local educational departments. The local authorities are burdened with responsibilities of financing and providing the social security for children, defining the network of training institutions, maintaining their records and performing control over their activities. The author points out that at present the local and regional authorities duplicate the functions of the Ministry of Education and Science of Ukraine, which is non-effective. The author believes that the local government officials are able to perform political management well up to the officials of educational departments and administrations. However, prior to assignment of new obligations, it is necessary to develop and implement an effective retraining program for personnel and staff of the municipal structures. There have been reviewed the results of the pilot project: «Decentralization: education reforms at the local level», which experts had been analyzed the consistency of educational network. It pointed to the major areas of concern for the education reforms in local communities, namely a significant expense side of budget for education financing, low level of education in rural students according to the data obtained from the independent external assessment, and lack of subject oriented teachers. The author makes a conclusion that the purpose of decentralization in education should be an overall improvement of educational services and be based upon the following basic principles: students’ right to have a free choice of educational institution, equal access to good-quality education services, decent conditions to develop their abilities, improving the quality and efficiency of the educational process, effective use of types of resources. Key words: decentralization, transformation, education, educational system.
The article is devoted to the study of the administrative and legal status of local self-government bodies in the process of implementing the decentralization reform. Currently, Ukraine is undergoing a decentralization reform. Its beginning, in its current form, is considered to be the approval by the Cabinet of Ministers of Ukraine of the concept of reforming local self-government and territorial organization of power in Ukraine in 2014 and the approval of the action plan for its implementation, which launched the decentralization reform. In 2020-2021, a new stage of decentralization is taking place in Ukraine, which was characterized by a number of significant legislative changes. The article examines the administrative and legal status of local self-government bodies. It is argued that the term “local self-government body” is understood as an autonomous, non-sovereign legal entity of public law, which was created and received its power from a law adopted by Parliament. The degree of independence of local self-government in decision-making is determined by the nature and structure of administrative relations with state authorities. It is concluded that during the implementation of the reform, the legislation on local self-government and related legislation should be revised and improved in such a way as to expand the powers of local self-government bodies and contribute to the better performance of their functions, especially in the management of personnel issues, financial affairs and in determining their own priorities in the provision of public services. Despite the revision and amendment of the legislation on local self-government and other relevant legislation, the analysis of scientific sources gives grounds to assert that the exercise by local self-government bodies of their statutory powers and the performance of the functions assigned to them largely remained under the influence and control of the state authorities.
The author of the article has outlined the problem of finding the most optimal model of the state for of government, because the necessary condition for stable development of society and effective functioning of the state is to ensure the balance between national interests and the interests of the population of regions and territorial communities. The preconditions, political history and periods of the formation of decentralized power in most European medieval states, scientific positions of national and foreign legal scholars on the expediency of implementing decentralization have been analyzed. It has been found out that the vast majority of Western European countries abdicate the unitary state model by introducing decentralization. The leading idea of reforming is to move the center of solving local issues to the local and, in particular regional level that is achieved by optimizing relations between different levels of territorial organization of power. National traditions, formation and functioning of public agencie in the past, specific features of administrative and territorial structure of the state, existence of autonomous territories, multiethnic population have a significant influence on the formation of the constitutional system on the basis of decentralization in the EU countries. The positive experience Poland, France, Italy, Latvia, Germany and Denmark has been studied. The author has theoretically substantiated that the principle of decentralization has been successfully implemented in the practice of the European Union countries. It has been indicated that the prerequisite for the successful implementation of decentralization processes to create an effective model of governance within the system of decentralized government of Ukraine is: the establishment of the rule of law principle; recognition and guarantees of local self-government; equal legal protection of all forms of ownership; democratic and effective electoral legislation; independence, efficiency, accessibility and transparency of the judicial system, functioning of administrative justice institutions; perfect budget process and high financial discipline; availability of adequate social standards; developed public sector and stable tendency towards its development.
The article provides a comparative analysis of the European and domestic approach to the policy of voluntary association of territorial communities. The author conducted a study of key areas of local government reform in Ukraine and European countries. The paper describes the dynamics of the formation of territorial communities, the basic concepts, principles and conditions of voluntary association of territorial communities. The domestic normative-legal provision of the relations arising in the process of formation of capable communities is characterized. The paper analyzes the general aspects of decentralization reform on the example of European Union member states. The practical experience in the reforms of the former post-socialist countries was studied. The author notes that the use of European experience in reforming local public authorities serves as a good basis for decentralization reform in Ukraine and to achieve effective changes in the system of governance, financing, modernization of small communities in Ukraine. The paper notes that the reform of decentralization has already led to significant changes in Ukrainian society, in public administration, as well as in the system of local self-government. Since the adoption of the Concept of Local Self-Government Reform and Territorial Organization of Power in Ukraine in 2014, a legal framework for large-scale local self-government reform has been created and practical experience has been gained. The author shows that the policy of voluntary association of territorial communities should take into account the existing historical experience of such reforms. Analysis of domestic and European experience in reforming local self-government and forming capable communities shows that the policy of consolidation of territorial communities is one of the important ways to create an effective system of local self-government. Ukraine’s state policy in the field of local self-government is based on the interests of residents of territorial communities, which has led to the decentralization of power through the transfer of powers, resources and responsibilities from local self-government bodies. Based on this policy, the provisions of the European Charter of Local Self-Government and the best practices of European countries are laid down.
L Deshko, O. P. Vasylchenko, I Sherbak, V.O. Galai · 5 authors
The article examines the international obligations of Ukraine to implement measures to protect public health and the role of local governments in implementation of health policy. Emphasis is placed on Ukraine's implementation of the Sustainable Development Goals being a member of the UN, the Association Agreement between Ukraine and the EU, and the commitment to develop cooperation in the field of health care undertaken by Ukraine, radical health care reform and decentralization reform in Ukraine. The purpose of the article is to determine the role of local governments in implementation of health policy in the context of decentralization reform and the second stage of health care reform in Ukraine, to identify shortcomings in Ukrainian legislation and the practice that lead to violations of regional communities residents' rights for health care and medical aid, as well as violations of the rights of medical personnel for labor. The object of the study is social relations that arise when the local authorities implement the health care policy. The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: formal logic, methods of analysis and synthesis, comparative law etc. The role of local governments on the implementation of health policy in the context of decentralization reform and the second stage of health care reform in Ukraine is defined: currently local governments are one of the key elements of the organizational and legal mechanism to ensure the rights of every resident for health care and medical aid. They develop and implement regional and local public health programs, directly influencing the state of the health care system. As a part of the decentralization reform, local self-government authorities have gained greater financial autonomy, and radical model of health care financing is being introduced as a part of radical reform of the health care system. Deficiencies in the legislation of Ukraine and the practice of its application, which lead to violations of the rights of residents of territorial communities to health care and medical aid, as well as violations of rights of medical personnel for labor: 1) inconsistency of Ukrainian legislation with the new system of administrative-territorial structure; 2) lack of clear delineation of powers, revenues and expenditures of local governments at the basic (regional), district and sub-regional levels, duplication of powers; 3) the absence of requirements to the content of regional plans for prevention and treatment of diseases that cause the greatest negative socio-demographic and economic impact within current legislation, as well as to the target programs of city councils, reports on their implementation. Emphasis is also placed onto inadequate and untimely funding for secondary link care facilities, existing barriers to the financial success of secondary health care facilities, and quality control of their medical services. Basing on the analysis of the case Law of the European Court of Human Rights, it is established that the stay of patients at medical institutions that are not supplied with the necessary equipment to ensure proper care, transfer of patients from one ward to another without an established diagnosis, failure to provide appropriate treatment because of difficult situation (lack of staff, malnutrition, poor living conditions in the hospital) is a violation of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
It is studied that decentralization as a multifaceted phenomenon that determines the centrifugal processes in the state, is both a principle and a method and a feature of public administration. It provides for the transfer of powers and responsibilities from the central government to the lower levels of government and to the private sector. In addition, decentralization presupposes the delegation of certain powers and responsibilities to subordinates, giving them greater freedom of will and, with it, greater responsibility. In the context of the transformation of social processes, the decentralization of management of Ukrainian society is an important factor in stimulating the democratization of education. Occasionally, foreign experience in decentralizing education management and improving its quality at various stages of the educational process should be used. The article emphasizes the possibility of using in Ukraine the following achievements of the Polish experience of decentralization of basic education management: at the national level – on approaches to funding at the local government level, public policy in the field of curricula, textbooks, teacher training, transparent mechanisms for quality control of education (inspection service, external evaluation, education quality monitoring system); at the level of local governments – on the financing of schools and the implementation of educational policy in accordance with local needs, community involvement in education, monitoring the quality of education at the local level; at the level of educational institutions – to involve the public in school development planning, conducting self-assessment of school work. It is determined that the decentralization of public administration, as evidenced by international experience, is a significant incentive for democratization of education, and thus better meet the educational needs of each person, effective use of local resources in education and socialization of education, which is reflected in the spread of new tools of public influence on the education system, increasing the autonomy of educational institutions and their role as public institutions.
The purpose of the paper is to define general trends and approaches to educational reform under the conditions of decentralization in Ukraine. Methodology. The survey is based on the analysis of the development of the regulatory framework of Ukraine for reforming the education sector under the conditions of decentralization. Statistical data on the dynamics of change in the total number of education institutions are studied. The reasons for the decrease in the total number of secondary and vocational education institutions have been identified. The degree of financing of the education sector from the consolidated budget of Ukraine by levels of education is considered. Results. The article outlines general trends and approaches to educational reform under the conditions of decentralization in Ukraine. The problems of the decentralization process, which began in 2014, were emphasized, namely the regional development and unification of territorial communities, which influenced the dynamics of education institutions that gained more autonomy. The dynamics of the total number of education institutions subordinated to the Ministry of Education and Science of Ukraine in terms of educational levels is presented. It is determined that the education sector in Ukraine is in transition, and an important component of this process is the correct choice of the vector of movement, taking into account the interests of all stakeholders. It is determined that the decentralization reform affects mechanisms of management in education. It is established that decentralization for higher education institutions should be considered as a means of forming managerial relations in the industry and joint responsibility for the management of the educational process. The experience of Great Britain and the European Union (Denmark, Spain, Poland, Romania, Finland, France) on improving the quality of educational services by strengthening the motivation of teachers using a differentiated payment system is studied and proposed to introduce into the Ukrainian education system. Practical implications. The possibility of introducing the process of educational / school clustering is considered. It is established that the introduction of decentralization opens the way to changes in creating favorable conditions for the emergence and implementation of intellectual needs of the individual. It is proved that the main task of the government in education in the conditions of decentralization is to coordinate the actions of government agencies, education institutions and the public in order to meet the personal needs of citizens and government demands for intellectual and professional enrichment. Value/originality. In the course of the research perspectives for development of education in Ukraine at the level of territorial communities, the process of formation of new opportunities in education for users of educational services is formed.
The process of transformation of local self-government is connected with solving a complex of problems of its provision. Among them, the constitutional and legal problems of territorial governance, which are the subject of this study, play a significant role. In Ukraine, a course of improvement of Ukrainian unitarism was chosen through widespread decentralization of public power, formation of capable, effective local government on this basis as active interaction and cooperation of subjects, local self-government institutions, executive power, civil society, business environment. This approach actualizes the constitutional and legal discourse of decentralization. The article discusses the issues of constitutional and legislative support for the reform of the territorial organization of power. A constitutional and legal understanding of the decentralization of public power in the context of the provisions of the current Basic Law is given. Modern approaches to amending the Constitution of Ukraine in terms of decentralization of public power, reforming local self-government, and territorial administration are critically analyzed. The novelties of legislative developments concerning territorial governance are considered. The urgency of sectoral decentralization in areas such as local finance, education, health care, social protection, housing and communal services, administrative services, communal land and property, sustainable economic development, human resources, etc. is emphasized. It is noted that, given the principles of constitutionalism, the existing potential of the Constitution should be exploited, the shortcomings of permanent, point-to-point modification overcome, the careful and careful approach to regional level of territorial governance. It is emphasized that the transformation of local self-government in the context of decentralization of public power must be carried out in a comprehensive and systematic manner, taking into account the preservation and strengthening of the unitary nature of Ukraine. Keywords: transformation of local self-government, decentralization of public power, territorial governance, constitutional and legal support of reform, unitary principles of Ukraine.
Introduction. One of the defining directions of the management system transformation of socio-economic development of the national economy of Ukraine is the gradual implementation of decentralization reform, which involves redistribution of powers, financial flows and resources between levels of government, reformatting the administrative structure of territories and shifting responsibility for their development to local governments. The strategic goal of the reform is to form an optimal organizational and administrative structure of territorial management based on the duality of power and democracy, which will stimulate their advanced economic development, modernize infrastructure, improve living standards and effectively solve community problems. The purpose of the article is to analyze the regional features of investment support for the development and modernization of housing and communal services of urban agglomerations. Results. The analysis of financial support for UTC development showed that the consolidation of territorial communities creates better conditions for development and investment primarily due to the effect of synergies and scale, which allows for more ambitious projects to build infrastructure, improve housing management systems, create a favorable business environment and additional jobs. All this testifies in favor of the development of urban agglomerations, which create opportunities for inter-territorial integration of social and economic development. Conclusions. It is proved that in order to attract investment in the development of housing and communal services (including local territorial projects) and modernization of their infrastructure, which can potentially bring economic effect, it is necessary to introduce and improve tools of alternative financing, successfully used in developed economies, in particular: leasing, corporatization, project financing, forfaiting, debt financing, concession investment, mixed financing. Key words: investment provision, modernization, housing and communal services, regional features.
The article is devoted to the research of the theoretical foundations of the decentralization process and the concepts of its role in the process of reforming the system of public authorities. The focus is on the theoretical basis for decentralization. The essence of the decentralization process is revealed, which consists, first of all, in the delegation of powers, authority and responsibility to the lower levels of government, semi-autonomous state organizations or private enterprises. At the same time, the central authorities reserve the right to influence and a number of powers, which are regulated during the conclusion of relevant contracts (agreements, contracts), maintaining the right to monitor the quality of services or delegated functions, make necessary adjustments (if necessary) or early terminate concluded agreements. It is established that the process of decentralization is based on the conclusions of economic theory and, as a rule, contains the following four theses: decentralization provides a more efficient allocation of resources in the public sector; decentralization contributes to the growth of accountability of public authorities in matters of spending budget funds; the availability of its own tax base encourages regional and local authorities to take measures to expand it, to encourage the development of regional and local economies; giving regional and local authorities the right to independently manage budgetfunds stimulates them to reduce unjustified expenditures in the public sector. It is determined that an example of the most complete form ofdecentralization, which can take various forms, is devolution. At the center of it idea is an increase in powers in favor of local governments.
The author of the article has outlined the problem of finding the most optimal model of the state for of government, because the necessary condition for stable development of society and effective functioning of the state is to ensure the balance between national interests and the interests of the population of regions and territorial communities. The preconditions, political history and periods of the formation of decentralized power in most European medieval states, scientific positions of national and foreign legal scholars on the expediency of implementing decentralization have been analyzed. It has been found out that the vast majority of Western European countries abdicate the unitary state model by introducing decentralization. The leading idea of reforming is to move the center of solving local issues to the local and, in particular regional level that is achieved by optimizing relations between different levels of territorial organization of power. National traditions, formation and functioning of public agencies in the past, specific features of administrative and territorial structure of the state, existence of autonomous territories, multiethnic population have a significant influence on the formation of the constitutional system on the basis of decentralization in the EU countries. The positive experience of Denmark and France has been studied. The author has theoretically substantiated that the principle of decentralization has been successfully implemented in the practice of the European Union countries. It has been indicated that the prerequisite for the successful implementation of decentralization processes to create an effective model of governance within the system of decentralized government of Ukraine is: the establishment of the rule of law principle; recognition and guarantees of local self-government; equal legal protection of all forms of ownership; democratic and effective electoral legislation; independence, efficiency, accessibility and transparency of the judicial system, functioning of administrative justice institutions; perfect budget process and high financial discipline; availability of adequate social standards; developed public sector and stable tendency towards its development.
L. Byvsheva, O. Kondratenko, Yu. Samsonenko, M. Harasaylo
The article considers the strategic directions of financing the social sphere. It is determined that the effectiveness of the provision and financing of social services depends on the effectiveness of regional and local authorities and their ability to fulfill certain powers and responsibilities in a decentralized environment. At the same time, the processes of social policy reform are carried out in parallel with the process of strategic choice of the most effective model of development of the social protection system, which leads to losses and reduced efficiency of the system. The research of directions of budgetary financing of social sphere at the state level is carried out. The financial mechanism of realization of social protection which provides formation of the sources of the financial resources directed on performance of the corresponding programs and actions, and also the substantiated choice of methods, forms and levers of their use is investigated. The development of social services in the united territorial communities of Ukraine as of October 10, 2019 is analyzed. Expenditures on social protection and social security in the expenditures of the consolidated budget and GDP in Ukraine in the analyzed period are studied. Analysis of the state of filling local budgets in the context of decentralization in recent years has shown an increase in local budget revenues, which has created additional conditions for increasing funding for the social sphere from local budgets. It is determined that the main strategic directions of improving the mechanism of financial support of the social sphere in the conditions of decentralization should be: strengthening the responsibility for misuse of funds; optimal delimitation of spending powers between authorities at all levels; involvement of non-governmental organizations in the provision of social services in order to improve their quality, etc.
Статтю присвячено дослідженню криптовалюти Bitcoin, її значення у реалізації кримінальних правопорушень. Визначено механізм використання Bitcoin як елемента системи легалізації доходів, одержаних злочинним шляхом.
The article analyzes the legal support of the reform of public authority decentralization in Ukraine. In this regard, we have indicated the normative legal acts, which laid the conceptual foundations of the municipal reform, in particular, the Concept for the Reform of Local Self-Government and Territorial Organization of Power in Ukraine, approved by the Decree of the Cabinet of Ministers of Ukraine of April 1, 2014, the Law of Ukraine «On Principles of State Regional Policy» of February 5, 2015, «Strategy − 2020», approved by the Decree of the President of Ukraine of January 15, 2015, No. 5/2015. Also, attention is focused on the Draft Law of Ukraine «On Amendments to the Constitution of Ukraine (with regard to the decentralization of power)», previously approved by the Verkhovna Rada of Ukraine on August 31, 2015, the final adoption of which is unjustifiably delayed. We have also indicated the legislative acts which created the legal basis for the formation of economically and financially viable territorial communities, as well as enhanced the process of community consolidation, in particular, the Law of Ukraine «On Cooperation of Territorial Communities» of June 17, 2014 and the Law of Ukraine «On Voluntary Association of Territorial Communities» of February 5, 2015, as amended. However, particular attention is paid to characterizing the draft legislative acts, which are to be addressed and adopted by the Parliament at the earliest possible time to successfully promote the local self-government reform, as well as to complete the process of association of territorial communities in Ukraine. In particular, it refers to the Law of Ukraine «On Principles of the Administrative and Territorial Order of Ukraine», the Law of Ukraine «On Amendments to the Law of Ukraine «On Voluntary Association of Territorial Communities (with regard to the perspective plans for the formation of territories of the Autonomous Republic of Crimea, regions)», the Law of Ukraine «On Amendments to the Law «On Regulation of Urban Development», the Law of Ukraine «On the Amendments to the Law of Ukraine «On Service in Bodies of Local Self-Government», the Law of Ukraine «On Amendments to the Law of Ukraine «On Civil Registration» and some other legislative acts of Ukraine on decentralization and bringing administrative services in the civil registration sphere closer to citizens.» We have concluded that, based on the real configuration of affairs regarding the formation of capable communities in Ukraine and taking into account foreign experience, it is considered appropriate to complete the municipal reform by administrative means by the next local elections in 2020.
The article proves the fact that current reforms take place in the system of education of Ukraine taking into account the latest social challenges and priority tasks of the legislative and executive branches of power, in particular, those which aimed to improve the efficiency of education, to overcome territorial differences in the quality of providing it, to modernize the content of education in accordance with relevant labour market demands, to support the process of implementing academic integrity in both educational and academic institutions. The goal of the study has been met, namely there has been conducted the analysis of the effectiveness of educational reforms in Ukraine by processing the data obtained from interviews with different stakeholders of the educational process, who were the students (future teachers), practicing teachers, and lecturers of higher education institutions. There were applied the further outlined research methods like: first, logical and system analysis was intended to summarize the views of the participants of the focus groups on the requests and expectations of the state, civil society and educators to reforms in the field of education; second, documents examination was supposed to identify the participants’ standpoints on the amendments made to the Law of Ukraine «On Education» (2017) and the Conceptual Principles of Secondary Education Reform «New Ukrainian School» (2016). The article reveals the requests and expectations of the state, civil society and educators from conducting the reforms in the field of education. Based on the opinions of the focus group participants on the strategic aspects of the Law of Ukraine «On Education» and the Conceptual Principles for the Reform of the Secondary School «New Ukrainian School», we performed the ranking of the respondents’ standpoints on the relevance of amendments, and we discovered those concepts needed further clarification (decentralization and effective management that will provide real autonomy to the school, a new school structure that allows mastering the new content and gaining competencies for life, the timeline for implementation of the reform). We revealed the prevailing attitudes of educators, their needs and expectations concerning outputs of educational reforms in Ukraine, namely: respect for their job from the society, trust for the teacher; decent fees, proper and transparent financing of educational institutions; real academic freedom, etc.
Modern European integration of Ukraine provides for the revision of the main guidelines in the state policy for creating conditions for satisfying the needs and interests of children, and realization of their rights. In particular, the main factor in the field of childhood protection is the focus on the upbringing of the child in the family environment, in support of the family; as an alternative, in the absence of parental care, to create a child-friendly environment. This orientation requires changes in the social support of orphans and children deprived of parental care. The purpose of the research. The aim of the study is to highlight and analyze certain aspects of Ukraine’s innovation activities regarding social support for orphans and children deprived of parental care; determine innovative features of social protection of Ukrainian children in terms of parental care absence. Methodology. The use of methods of analysis, synthesis and generalization revealed the main tendencies of innovative activity of the state authorities regarding orphans and children deprived of parental care. Results and practical meaning. It has been found out that the innovative development of the Ukrainian social support system for orphans and children deprived of parental care is due to positive world experience and focused on the protection of the best interests of the child and the satisfaction of their vital needs; reforming social protection system requires active involvement of the state and civil society institutions, aimed at the deinstitutionalization of placement of orphans and children deprived of parental care, and reorientation of the principles of financial support for families with adopted children; special attention is paid to cooperation with business representatives and international donors. The following basic vectors of social support for orphans and children deprived of parental care have been stated: modernization of algorithms for financing establishments of institutional type, approval of co-financing mechanisms from state and local budgets, and approval of state standards for social care for families with specified category of children. Prospects for further research. The study and analysis of regional programs of social support for orphans and children deprived of parental care in terms of decentralization and funding have been identified as promising.