Constitutional and Legal Foundations of Territorial Community Participation in the Exercise of Local Self-Government in Ukraine

Abstract

The article examines the territorial community not only as a social community of residents of a respective administrative-territorial unit, but also as a basic subject of municipal legal relations through which the principles of democracy are implemented at the local level. The constitutional and legal foundations of the participation of the territorial community in the exercise of local self-government are analyzed, covering the provisions of the Constitution of Ukraine, legislation on local self-government, and other normative legal acts regulating the forms of direct participation of residents in resolving issues of local importance. Particular attention is paid to such forms of participation as local elections, local referendums, general meetings of citizens, local initiatives, public hearings, electronic petitions, and other mechanisms of local democracy. The generalization of legal provisions and scholarly approaches makes it possible to state that the current legal regulation of territorial community participation combines the existence of democratic instruments with a number of problematic aspects, in particular insufficient procedural detail of certain forms of participation, fragmentation of legislative support, and the need to improve mechanisms for the practical involvement of residents in municipal governance.