Foreign experience of introduction of the institution of the prefect and its importance for Ukraine Cover Image

Зарубіжний досвід запровадження інституту префекта та його значення для України
Foreign experience of introduction of the institution of the prefect and its importance for Ukraine

Author(s): A.Yu. Lyalyuk, I.V. Petrenko
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Civil Society
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: prefect; voivode; decentralization of power; local self-government;

Summary/Abstract: The article is devoted to the study of the prefect Institute in European countries and in Ukraine. Attention is focused on the powers exercised by prefects in France, Poland, Romania and Ukraine. It is determined that the Institute of the prefect in Ukraine is represented only at the legislative level, namely the Law of Ukraine "About modification of the Constitution of Ukraine (concerning decentralization)" №2598 of 13.12.2019 and the Law of Ukraine "About prefects" of 16.11.2015, which in accordance with the Constitution of Ukraine determines the organization and procedure of activity of prefects, but given the date of its last edition, needs to be updated in the key of future changes to the Basic Law of Ukraine.According to the updated version of the draft law " About modification of the Constitution of Ukraine (concerning decentralization)" №2598 of 13.12.2019, the prefect is the representative of the state in districts and regions and in the city of Kiev, they are appointed and dismissed by the President of Ukraine on the proposal of the Cabinet of Ministers of Ukraine. In comparison with the last edition of this bill, the prefect received somewhat expanded powers due to the right to make representations to the President of Ukraine on the suspension of the act, which does not meet the Constitution of Ukraine. The article defines the powers that are proposed to be exercised by the prefect. Taking into account the proposed powers, we can say that in Ukraine it is planned to create a position that at the territorial level will combine two functions, namely: the function of state representation and coordination of the activities of structural units of the Central Executive authorities and the function of supervision over the legality of the activities of local self-government entities.It is concluded that the expected reform in this area provides for the establishment of the Institute of prefects, whose competence includes, first of all, the supervision of compliance with the constitutional norms and requirements of the current legislation of Ukraine.

  • Issue Year: 2020
  • Issue No: 148
  • Page Range: 26-35
  • Page Count: 10
  • Language: Ukrainian