LOCAL SELF-GOVERNMENT BODY LAWMAKING POWERS RELATING TO ADMINISTRATIVE AND JURISDICTIONAL SUPPORT FOR THE IMPLEMENTATION OF THE RIGHT OF CITIZENS TO USE NATURAL OBJECTS OF PROPERTY RIGHTS OF THE PEOPLE OF UKRAINE

Abstract

The article focuses on defining the scope of the application of normative legal acts, primarily to provide administrative and legal support for the realisation of citizens' rights to use natural objects as property belonging to the Ukrainian people, as well as developing strategies for enhancing the normative and legal regulation of the normative powers of local self-government bodies. The article analyzes a number of powers of local self-government bodies, fixed at the regulatory level, to determine the tools of public administration, which should be used for their implementation. Brief attention is given to the following public task: (1) making decisions on the organization or declaration of territories and objects of the nature reserve fund of local importance and other territories subject to special protection, and (2) establishing rules for general water use. A thorough examination of the powers of: (1) making decisions on the approval of the list of species of natural resources of fauna and flora that are not listed in the Red Book of Ukraine, but are rare, of special value or endangered, and are subject to special protection on the territory of the relevant council; (2) developing regional regulations for the operation of small, sports boats, water motorcyclists, and other water-based entertainment equipment. The article's conclusions state that by-laws must be adopted to carry out the various powers that local self-government bodies are granted. It is observed that the level of regulatory support for their use of regulatory powers is unsatisfactory, as evidenced by numerous gaps, inconsistencies between normative legal acts, a lack of definition of the instruments of activity required for the use of powers (particularly which of them are implemented by issuing by-laws), and inconsistencies in the delegation of authority between local self-government bodies and executive authorities at the central level. It is emphasized that the solution to the outlined problems should become one of the urgent tasks aimed at improving the administrative and legal support for the implementation of the right of citizens enshrined in Art. 13 of the Constitution of Ukraine, and optimization of the mechanism of public administration in general. It is highlighted that changes and additions to existing legal acts, which will consist of filling gaps and resolving conflicts, are the primary means of addressing the aforementioned deficiencies of legal control.