VILLAGE PRESIDENT, CHAIRMEN, MAYOR: PUBLIC SERVANT STATUS ACCORDING TO THE CONSTITUTION AND LEGISLATIVE AUTHORITIES

Abstract

The article analyzes the status of village, settlement, city mayor under the Constitution of Ukraine by the powers conferred on it by the Law of Ukraine “About Local Self-Government in Ukraine” and by the totality of all powers of this offi cial of local self-government. The mayor, the village mayor, is the chief offi cial of the community concerned. But its powers are spelled out in legislation and can be interpreted diff erently, which hinders the development of both local government and civil society and the state as a whole. The right to preside over meetings of a local council, to sign its decisions or to veto them, as defi ned by the Constitution and the Law, makes this fi gure of a local politicum not only the head of the executive committee of the council, but also the host of the respective territory. The article provides a comparative analysis of the powers of the Chairman of the Verkhovna Rada of Ukraine and the village, town, city Mayor. By the results of this analysis it is concluded that the head of the parliament has far less authority than the head of the territorial community, which from the point of view of the businessman may be justifi ed, but given that the village, town, city mayor performs administrative functions, his position, from our point of view is burdened with superfl uous powers. The paper also makes a comparative analysis of the status of village, settlement, city mayor with the respective offi cials of local self-government of foreign countries on the example of Estonia and France. In these countries, like in many other European countries, the functions performed by the mayor of Ukraine are divided between two offi cials – the chairman of the respective local council or commune and the head of the executive body of this council. It is a form of deterrent and counterbalance to local governance in Europe, which has been built for centuries Decentralization and deconcentration of power with the strengthening of the role of united communities is a progressive trend in recent times in Ukraine. But it is worth noting that the right to local self-government is diff erently formulated in Europe and in Ukraine. According to the European Charter of Local Self-Government, it is the right of the relevant local authorities, and under the Constitution of Ukraine the right of the respective territorial communities or their associations. The article concludes that decentralization of state power is a necessary step for the development of Ukrainian statehood, but the concentration of public power in the local government itself, which is embodied in the powers of the village, settlement, city mayor, is a stumbling block to the development of both local self-government and civil society.