Public expertise as an instrument of interaction with local self-government authorities and element of mechanism of public control

Abstract

The purpose of this article is to define legal nature, features of regulatory control and practical aspects of using the mechanism of public expertise of activities of public authorities in Ukraine in the context of ensuring citizen participation in decision-making processes. In this work was analysed the evolution of legal regulation of public expertise starting from the constitution guarantees of democracy, principles of transparency and citizen participation enshrined in the Constitution of Ukraine, concluding with subordinate legislation, in particular a resolution № 976 of the Cabinet of Ministers of Ukraine. The methodological basis is systematic, comparative legal and analytical approaches, and analysis of judicial practice, which reveals differences in the interpretation of the imperative nature of norms regarding central executive authorities and the discretion of their application by local self-government authorities. The results of the research confirmed the existence of regulatory dualism, which limits the effectiveness of realization citizen`s right to participate in public administration. Revealed that the lack of unified public review procedures for all levels of government reduces the legitimacy of administrative decisions and creates inequality in access to mechanisms of public participation. Additionally was analyzed, the role of consultative-advisory bodies, in particular youth councils, as alternative instruments of interaction between the public and the authorities was analyzed. Empirical research based on semi-structured interviews with representatives of government authorities and non-govermenal organizations confirmed the low level of institutionalization of review mechanisms at the local level, as well as a deficit of human resources and methodological support. The conclusions emphasize the need to codify public expertise procedures, development of unified standards for citizen`s participation in public administration, and implementing tools for monitoring the implementation of public experts's recommendations as a prerequisite for increasing the transparency and accountability of the authorities. The article provides practical recommendations for improving the legal framework for public expertise and strengthening citizen participation in local self-government in Ukraine.