The European region as a form of territorial division of the European Union

The aspirations to develop cooperation within the European Union with partners at the regional level result from the considerable diversification of national legal systems and procedures and the resulting significant difficulties in the conduct and management of cooperation activities. An impulse to deepen the role of the region was the implementation of Structural Fund programs. Voivodships as regions are candidates for the role of the third participant of the EU agreement creating a new three-level system: the community – the state – the region. To participate in this role they must actively work to strengthen their position on the European forum, in particular in the bodies where are creating regional policy. An opportunity for the regions is the development of the European Union’s regional policy, the aim of which is to reduce the differences in local development and eliminate areas of poverty and backwardness. The article presents legal aspects related to the definition of “the region” under Polish law. It also presents the advantages of the Polish voivodship at the EU forum and possible forms of impact on the implemented EU policy.

The text presents an outline of the history of local government development in Poland over the last hundred years, with particular emphasis on the last three decades. Its importance was discussed in the process of decentralization and democratization of the broadly understood political system. It was emphasized that it was this segment that was the first to be subjected to democratic changes and that it is in this area, both objectively and in the opinion of the public, that one can speak about the greatest success in rebuilding the social and political system of Poland. The extremely important role of self-government in the socio-economic development of the state was also pointed out, which is also connected with the fact that in no other country local governments play such a significant role in using EU structural funds. The role of local self-government as a school of democracy was also presented, showing that it is increasingly a kind of a center for the cadres of central power elites. Particular emphasis was placed on the fact that it is at this level that the instruments of direct democracy are used to the greatest extent, which favors democratic education in increasing social subjectivity. . It was also pointed out that after the parliamentary elections in 2015, won by the "Prawica Razem" coalition, the central authorities are taking steps to strengthen their position in relation to the local government.

EXPERT AND BUREAUCRATIC POWER IN SHAPING POLISH SELF-GOVERNMENT SYSTEM. THE CASE OF THREE CO-AUTHORS

Michał Kulesza, Jerzy Regulski, and Jerzy Stępień are three co-authors of polish self-government reform (1990 – 1998). The author of the article searches their roles as experts as well as politicians in shaping self-government system. Final conclusion is as follows: although they were “scientific owners” of the problem, their important part in resolving it was more political (bureaucratic) than professional. The matter of their professional role was generally out of question. Practically, the most difficult task was not the shape of future self-government system but the implementation of it. Key in resolving this problem was the political position of aforementioned co-authors, their participation in bureaucratic power, and openness for lobbying. It is a meaningful lesson for the future reformers, each and every one of them.

Institutional and legal conditions of local elections in Ukraine in 2015

In this article the author analyzes the institutional and legal conditions of local “government” elections in Ukraine in 2015. Special attention is given to the determinants of formal elections to local government bodies. Indicates the specific nature of the local elections in 2015 (up today). The local elections in Ukraine in 2015 were held under the conditions of reforming local self-government. The main goal of the reform is the socalled decentralization. Local government reforms ensure the creation of associations of territorial communities of villages (cities, settlements). For the first time in the elections they took part association of territorial communities. In addition, the Ukrainian authorities have failed to conduct elections on the entire territory of the country. No votes were cast in Autonomous Republic of Crimea, due to the annexation of the peninsula by the Russian Federation in 2014. Elections to local self-government bodies were also not carried out in part of the Donetsk and Luhansk regions, due to the ongoing armed conflict in Donbass since 2014.

Local self-government constitutes a part of executive power in the state, with the state’s law underlying its functioning. Local government remains under the state’s supervision, representing a form of the political system within the decentralized public administration. 2018 marks 20 years of the functioning of local self-government based on a three-tier structure. The aim of the paper is an attempt at finding the answer to the question whether or not the organizational solutions adopted by the legislator and established in practice need to undergo reforms and if so, to what extent? The question thus formulated relates directly to the argument that the organization of local government system is not sound while the criteria assumed in the territorial breakdown of the local government organization do not correspond to the conditions in which those units operate, and therefore what appears necessary is for the system to be reorganized and the number of units at individual tiers to be reduced. The paper presents selected problems of the local administration in the context of a systemic organization and suggest possible (or necessary) changes which, in the author’s view, should become a subject of discussion (and in practice are such) between local selfgovernment and government administration.

LOCAL LAW IN POLISH AND ITALIAN LEGAL SYSTEMS - CHOSEN ASPECTS

The article analyses regional competences in the area of tourism, comparing Polish and Italian legislative systems. Regional legislative competences in Italy are characterized, in particular with reference to the constitutional reform of 2001 and its consequences for the division of competences between State and regional entities. Tourism is presented as one of the exclusive regional competences in Italy. The legislative competences of the Polish self-governmental region are analysed (own and commissioned). The strategy of the regional development is indicated as one of the legislative acts at the regional level that refers to the area of tourism.

The scientific article is devoted to the issue of the disclosure of the processes of establishment and development of decentralization and taxation during the times of the Ants State, Kievan Rus and Principality of Galicia-Volhynia, as well as the determination of the relationship between these two processes. Due to the study of the topic of the article through the prism of various historical developments, it is possible to trace the formation and development of the tax institute in the first state institutions on the territory of modern Ukraine, as well as the form of the exercise of the people’s power and its significance in the decision-making of both state-wide decisions and the resolution of issues of local importance. The role and significance of local authorities and issues that could be resolved by the then bodies of the people’s administration are revealed, and at the same time relations between the central authorities and the authorities of territorial communities are covered. Attention is paid to the law enforcement in the development of the people’s administration, taxation and their relationship between the state entities of the investigated historical epochs. Among other things, the article is devoted to establishment of a clear link between the gradual transition of power from the bodies of the people’s rule to the central apparatus in the person of the prince and his surroundings and, as a result, the necessity of permanent resources, at the expense of which it would be possible to keep them. The article analyzes the reasons for the necessity of revenue receipts and the main types of revenue receipts of the time, as well as the bodies on which the duties of tax collection were imposed. Attention is paid to the definition of such tax characteristics as collection bodies, collection form, documentary fixing and further distribution and use of taxes. As a conclusion of the research, the author has formed a table with indication of the basic types of revenue receipts of a given period and level of decentralization in such period, and also has made generalization of the connection of these two processes.

Many years of experience in trying to reform the representative authorities in Ukraine indicate that the lack of change means stagnation and prevents development. Change is an inevitable element of our lives, but it often causes fear in people. The ability to adapt to and enjoy change shapes our health, happiness and personal dignity much more than anything else. Each of us is given two options to choose from, influence others and as a result, manage change or is allow to other impact on us. It is for this reason that representative bodies in Ukraine need to be created conditions for the arrival of representatives of the new, ie professional public, management. It must be based on leadership, because it is not so much about younger people, but about new professionals who are able to adapt to change and function effectively in changing conditions and situations. At the same time, they must have a clear understanding of the axiom that the success of their activities lies in teamwork and continuous self-development and self-improvement. It is obvious that a modern representative of public authorities in general and local governments in particular must be a person who seeks to create a favorable leadership environment in order to unite all communities interested in addressing socially significant issues. And such a representative who understands that he will not succeed if he will thoughtlessly, automatically, copy someone’s style and thoughtlessly imitate anyone. The article analyzes the experience of forming a favorable leadership environment in the stand. The main tools of uniting people for solving socially significant issues in representative authorities are substantiated. The priority directions of formation of a favorable leadership environment in the stand are identified.

The article provides a scientific analysis of the financial independence of territorial communities, which is aimed at strengthening the implementation of decentralization measures in Ukraine. Indicated that problems of financial support of the local government powers are the focus of Ukrainian scientists, experts in local budget management and finance. Independence in the aspect of local self-government should be considered within the norms established by the Constitution of Ukraine, the European Charter of Local Self-Government, and other legislative acts. Performed theoretical and applied identification of the “financial independence of the territorial community”. Analyzed the key provisions of the Ukrainian legislation on financial support of territorial communities, which were transformed in the process of decentralization during 2014–2020. Highlighted the state policy components of ensuring the financial independence of territorial communities, based on the principles of the European Charter of Local Self-Government. Measures of state policy to ensure the financial independence of territorial communities can be systematized into two groups: 1) direct participation of the state in the formation of financial resources of communities and territories; 2) indirect participation of the state in the formation of financial resources of communities and territories and their disposal. Noted that consolidation of revenue sources in local budgets of Ukraine is characterized by instability. Summarized the results of the sociological study of the financial support of territorial communities in terms of their financial independence. Emphasized the lack of legal opportunity for local governments to independently keep records of personal income tax and other national taxes in terms of their payers. Proposed the measures to improve the administration of taxes, which are a source of revenue to local budgets: organization of a digital information network on the payment of taxes and other mandatory payments by individuals and ensuring access to it by local government officials; establishing interaction of territorial bodies of the State Tax Service of Ukraine with local self- -government bodies on issues of control over the correctness and timeliness of tax payments and other obligatory payments by individuals and legal entities, etc.

Decentralization of power in Ukraine as a means of creating and maintaining a full-term living environment of territorial communities

The article researched the process of decentralization of power in Ukraine since 2014 and its legal regulation, highlights the stages of reform, systematizes its main achievements within the first stage (from 2014 to 2019) and the second (from 2020 to present), outlines and summarizes the key problems of community development and possible ways to solve them. Based on the analysis of the publications in which the solution of the problem was initiated, the author found that the attempts to improve the administrative- territorial structure of Ukraine, made at the national level before 2014, did not bring the expected results, and therefore the focus is on the process of subsequent reforms. With this in mind, the purpose of the study, its main research objectives and methodological tools are determined. The author emphasizes that the reform of the state policy of Ukraine in the field of local government is based on the best world achievements in this direction, on the basis of the analysis confirms the general correspondence between the number of persons living in a particular region of Ukraine and the number of established communities, and that community development problems are more pronounced within rural areas away from administrative centers. The proposed ways to solve the outlined problems will contribute to the creation and maintenance of a full-fledged living environment of communities.

The article presents a theoretical and legal analysis of local democracy. The top place in democratic transformations in local democracy; is an effective system of local self-government that is impossible without working mechanisms to implement legislation in the field of local democracy at both national and local levels. The author points out that the importance of local democracy is determined by its essence and role. After all, the local level is the closest to the population, needs, and problems. The creation of appropriate living conditions should be determined locally. It is determined that the term «local area» means a reasonably extensive range of phenomena and processes. In defining this term in scientific doctrine, emphasis is placed on a particular phenomenon or process. The predominance of local democracy is understood as a national model of democracy, as the participation of citizens in governance, as a form of self-organization of citizens and as a democratic system at the municipal level. Based on the analysis of scientific points of view, conclusions are made about the peculiarities of local democracy. The main characteristics of local democracy are an organization of the life of the territorial community on the principles of equality, participation, public dialogue; involvement of citizens in community affairs, dissemination of practices of local initiatives, referendums; self-organization of the population. The local democracy is the development of the people, the broad involvement of local people in participation in matters of meaning. Effective local democracy is a prerequisite for sustainable and equitable economic and social development, good governance, and the promotion of democratic values. The proper functioning of democratic institutions and processes at the local level is a determining and vital factor. Active citizenship at the local level lays the foundation for a stable and robust democracy at the national level because the policy at the national level uses practices and methods at the local level. In contrast, experience at the local level is the basis for national policy and reform.

Udział samorządu specjalnego w wykonywaniu administracji publicznej

Celem niniejszego artykułu jest analiza istniejących w polskim systemie prawnym podstaw funkcjonowania samorządu specjalnego oraz jego rola w wykonywaniu administracji publicznej poprzez analizę samorządu zawodowego oraz gospodarczego. Warto podkreślić, że samorząd zawodowy jest wyrazem budowania społeczeństwa obywatelskiego. Reprezentuje osoby wykonujące zawody zaufania publicznego, których rola sprowadza się do realizacji zgodnie z zasadą pomocniczości zadań publicznych zleconych im przez państwo. Zauważyć należy także, że wprowadzenie do polskiej ustawy zasadniczej samorządów zaufania publicznego jest wyrazem kreowania zaufania obywateli do określonego zawodu. Natomiast istotę samorządu gospodarczego dostrzega się w korporacji tworzonej z mocy prawa, wyposażonej we władztwo administracyjne, celem wykonywania zdecentralizowanej administracji publicznej i tworzonej dla upodmiotowienia przedsiębiorców, powiększając w ten sposób zakres zarządzania partycypacyjnego.

From decentralization to (re)centralization. Policies of those in power towards local governments in Poland after 2015

For Poland, the turn of the 1980s and 1990s for Poland was the beginning of a profound systemic change dubbed transformation. As the result of multifaceted alterations, a new political system was shaped based on the patterns, standards and principles on which democratic states and societies base their organization and functioning. The principle of decentralization determined the direction and nature of changes in the construction of the administrative apparatus of the state, so that its bodies and institutions could perform the assigned tasks and functions in a practical manner. Local governments became a significant component of the new structure of public authorities, and they were entrusted with the implementation of the part of public tasks which directly concerned local and regional communities. And although Polish local governments were not free from defects, and the implementation of tasks caused tensions between the state and local governments, until 2015 the principle of decentralization was respected by those in power. However, the elections in 2015 brought a change, and the new ruling party revealed its actual attitude to state governance, including all forms of local government.