NOVATION OF LEGISLATION REGARDING THE INSTITUTE OF ELDER IN LOCAL GOVERNMENT

Abstract

Recently, most spheres of public life in our country have undergone reform. The driving force of the reform of local self-government bodies was the possibility of voluntary association of rural, settlement, urban communities into one territorial unit with the creation of one representative body of local self-government on the territory of the united community – the local council. The positive consequences of the creation of new territorial communities were an increase in the independence of local self-government and an increase in its economic independence. And one of the threats was the possible absence in the settlement, which became part of the united community, of an official with a representative mandate, as a “direct representative” of the authorities and a representative of the interests of the inhabitants of this settlement. A successful solution to this issue was the introduction into the system of local selfgovernment of the institution of elder, which is progressive for national legislation and promotes the principles of fairness, openness and efficiency in local self-government. However, there are some unresolved issues that complicate the activities of these officials – elders. The article analyzes the bill “On Amendments to Some Laws of Ukraine on the Development of the Institute of Elders” dated 22.12.2020 №4535. More than 10 norms of the bill are analyzed, which have an impact not only on the institution of elders, but also on the system of local self-government. It is noted that the negative aspects of the bill include provisions restricting the rights of elders (for example, removal of elders from the system of local self-government, their exclusion from the executive committee or deprivation of the right to participate in preparation of project of the local budget). At the same time, some of its norms are progressive or are intended to more clearly define the provisions of current legislation. The members of Parliament of Ukraine are suggested to approach the adoption of the bill prudently and not to establish norms that reduce the rights of elders as local government officials, as these norms may reduce the ability of residents to exercise their rights through the representative mandate of elders and reduce local authority.