Having set a course toward accession to the European Union, Ukraine has identified a number of priority tasks aimed at improving its national legal system and the mechanisms of public governance in line with standards developed by the European community. In accordance with the European Charter of Local Self-Government, ratified by Ukraine, and other European legal instruments, the decentralization of power stands as a central element of these processes. It lays the foundation for the development of democratic institutions and the enhancement of public service delivery in Ukraine. Decentralization functions as a key instrument in transforming social relations in the context of contemporary doctrinal constitutional values. It is characterized by the maximal proximity of legal and administrative instruments to the individual citizen, by the bringing of governance closer to the people, and by fostering civic participation. This process defines a new national model of local self-government, one that may ensure the realization of popular sovereignty in Ukraine, while also preventing and resolving constitutional crises. Another significant dimension of decentralization lies in its provision for the relative autonomy of local self-government authorities. It grants them the power to adopt and implement decisions within the scope of their competence and to bear legal and political responsibility for those decisions. In the context of war and post-war reconstruction, decentralization emerges as a vital mechanism for enhancing the effectiveness of public governance, ensuring an adequate response to the challenges of rebuilding local infrastructure, managing humanitarian aid, and meeting the urgent needs of communities. The article explores the legal nature of decentralization as a phenomenon of civilizational development and a key factor in Ukraine’s modern state-building efforts. It analyzes various approaches within constitutional law scholarship to the legal regulation of decentralization, including its entrenchment in the Basic Law of Ukraine, and identifies priority areas for implementing decentralization reform. The paper argues that the success of Ukraine’s decentralization reform depends primarily on strengthening the status of communities as the primary subjects of local self-government, modernizing the national model of local-level public administration, and ensuring the proper organization of the country’s administrative-territorial structure.
Oleh Martseliak (Sat,) studied this question.