Administrative and legal foundations of the formation and functioning of amalgamated territorial communities in Ukraine

Abstract

The article examines the administrative and legal foundations of the formation and functioning of amalgamated territorial communities (ATCs) in Ukraine in the context of the completion of the 2014–2020 decentralisation reform. The legal nature of ATCs as subjects of administrative legal relations is determined; it is established that following the completion of the administrative-territorial reform in 2020, the category of 'amalgamated territorial community' was transformed from a regulatory term into a historical-analytical concept that retains significance for assessing the legitimacy of community formation. The two reform stages — voluntary amalgamation (2015–2019) and administrative consolidation (2020) — are analysed, revealing a fundamental contradiction between the declared principle of voluntariness and the compulsory completion of the process through government resolutions. The competence framework of communities, the delineation of own and delegated powers, and the institution of the starosta as a specific mechanism for representing peripheral settlements within amalgamated communities are examined. The functioning of administrative service centres (CNAPs) and the critical problem of the absence of effective administrative supervision over local self-government bodies are assessed. A comparative analysis with foreign models of municipal amalgamation in Poland, Latvia, France, and Denmark is conducted, identifying key elements not yet implemented in Ukraine. Systemic gaps in legal regulation are identified: the incomplete institution of prefects, the lack of constitutional consolidation of the new administrative-territorial structure, and the underdevelopment of inter-municipal cooperation mechanisms. The impact of martial law on the functioning of territorial communities is analysed. The necessity of systematic codification of municipal legislation in the context of European integration is substantiated.