INSTITUTE OF PREFECT IN UKRAINE: BETWEEN CHALLENGES AND PROSPECTS (BASED ON SCIENTIFIC AND EXPERT OPINION)

Abstract

The article analyzes the relevance of the implementation of the institution of prefect in Ukraine in the context of decentralization reform, which is an organic of greater administrative-territorial reform. The article substantiates the thesis that despite the unfounded criticism only the introduction of the institution of the prefect in the legal system, the main work of the latter should be only to provide advice to local selfgovernment and coordination of prepared decisions solely in terms of constitutionality and Ukrainian laws. Thus, if the deputies of the territorial community approve a decision that directly restricts or violates the rights and freedoms of citizens, the prefect as a representative of the central government must intervene in the situation. The author of the article agrees that when introducing the institution of prefect, it is necessary to thoroughly prescribe its distance from political forces as a civil servant, as well as variability against the background of systematic changes of presidents or governments. At the same time, it is important to more meaningfully prescribe the constitutional accountability of the institution of prefects. Thus, based on the current legislative initiatives for 2020/2021 on this issue, the prefect must coordinate all his decisions in the Office of the President and in the Cabinet separately. The question of the constitutionality of the prefect’s appointment remains debatable. Thus, today there is no such possibility among the constitutional powers of the President, so if the prefect is to coordinate the relationship between the executive and local authorities, it would be more logical to subordinate the prefectures only to the Cabinet, as well as all executive bodies. As of the end of 2021, the domestic legal framework does not operate on the legal basis of functions, list of powers, degree of legal responsibility, work mechanics and monitoring of the legality and constitutionality of local government decisions. The article emphasizes that the adoption of specialized legislation that will allow the emergence and operation of the institution of the prefect, which should be an effective and relevant alternative to local state administrations, which are also currently in a state of reform.