Journal article Open Access

Адміністративні договори органів місцевого самоврядування: нотатки до дискусії

Мосьондз С.О.

The article is devoted to exploring the legal nature of the administrative agreement of local governments and formulating some proposals to ensure their effectiveness. It is proved that in the conditions of decentralization reform administrative agreements of local self-government bodies will become more widespread in inter-municipal relations and relations of local self-government bodies with executive authorities. The most striking example of administrative agreements of local self-government bodies are agreements between local self-government bodies on joint projects of several territorial communities. Confirmation that the cooperation agreement will contain a public-law rather than a private-law nature is also a mandatory stage of its conclusion is a public discussion. This indicates that such a contract will be aimed primarily at meeting the needs of a particular territorial community.

The necessity of adoption of the Law of Ukraine “On Administrative Contract of Local Self-Government Bodies” is substantiated, in which it regulates legislatively the issues related to: concepts and types of administrative agreement of local self-government bodies; the subject of an administrative contract of local self-government bodies; the legal consequences of concluding an administrative contract of local self-government bodies; registration of an administrative agreement of local self-government bodies and its entry into force; control over compliance with the law when concluding an administrative contract of local self-government bodies; conditions of invalidity of the administrative contract of local self-government bodies; responsibility for non-compliance with the terms of the administrative contract of local self-government bodies.
The expediency of adopting the law, rather than introducing relevant provisions in the future Administrative Procedure Code of Ukraine, is due to the fact that the administrative agreements of local self-government bodies have their own specifics that cannot be applied to other public administration entities.

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