Conducting control by representative bodies as a form of exercising people’s power
Authors: KORZH I. 
Published: June 2024

This article is devoted to the study of the state of implementation of the control functions by the representative bodies of Ukraine. It states that, depending on their legal status, representative bodies represent the interests of the territorial community and make decisions on its behalf. They perform representative, rule-making, control functions and powers within their competence. They also contribute to the realization of the rights and interests of the population of the autonomous region and to the solution of the region's vital activities. The Ukrainian Parliament implements the powers defined by the Constitution and laws of Ukraine at the national level. The article reveals the function of representative control, as a function of the above-mentioned bodies, which should ensure their interaction with civil society (individuals and legal entities) and other branches of state power, which is built on the basis of their subordination, accountability and control to representative bodies. Attention is focused on the fact that the relations of local self-government bodies with enterprises, institutions and organizations that are not communally owned by the respective territorial communities are built on a contractual and tax basis and on the basis of control within the limits of the powers granted to local self-government bodies by law. It is noted that control over the exercise of delegated powers of executive bodies by local self-government bodies is entrusted to the relevant local state administrations and the Council of Ministers of the Autonomous Republic of Crimea, and in the cases provided for by law, to ministries and other central bodies of executive power, their territorial bodies. At the same time, control should be carried out by analyzing the acts of local self-government bodies, providing information by local self-government bodies on the implementation of delegated powers of executive bodies, conducting inspections of the activities of executive bodies of village, settlement, and city councils. It is emphasized that local self-government bodies can take the initiative to carry out measures of state supervision (control) at enterprises, institutions and organizations that are not in communal ownership, as well as in relation to natural persons – entrepreneurs who use the labor of hired workers, by submitting official by persons of local self-government bodies of the corresponding appeal on the issues of exercising the powers delegated to them by the executive authorities. In general, effective control by representative bodies of local self-government is one of the important means of providing them with comprehensive economic and social development in the territory under their jurisdiction. It is noted that public awareness of the activities of communal enterprises gives the public the opportunity to control the legality and reasonableness of the decisions of local self-government bodies regarding the creation and operation of such enterprises, the need for their financing, the proper performance by such enterprises of the tasks set for them, their compliance with the legislation of Ukraine, in the areas defined by the legislation of Ukraine limits, use of funds, property that is communal property. The activity of supervisory boards of communal enterprises, which are formed in accordance with Article 78 of the Economic Code of Ukraine, serves as a good help for the implementation of control functions of both representative bodies and the public. The creation of supervisory boards aims to improve the management system of utility companies, make them more competitive and partially eliminate corruption risks. It is in the implementation of control and awareness of both representative bodies and the relevant territorial community regarding the state of affairs in the relevant territorial unit that people's rule is manifested. Therefore, control functions both over legal entities and individuals under the control of local self-government, and over local bodies themselves must be carried out in accordance with internationally recognized principles of such control. One of these international acts is the European Charter of Local Self-Government. Attention is drawn to the fact that parliamentary control is an integral component of one of the highest forms of exercising people's power – its representative, mediated form. It is an important tool that helps the parliament to obtain the necessary information about the performance of duties and the exercise of powers by the executive authorities. The Ukrainian Parliament, as a representative of the entire people, controls the use of budget funds, compliance with laws, the effectiveness of the work of ministries and other departments, etc., taking the form of state control. The article describes the forms of parliamentary control. It is noted that one of the negative dynamics of parliamentary control is the lack of a mechanism for evaluating the effectiveness of the application of adopted laws. It is proposed to expand the boundaries of the analysis of the practice of applying laws, supplementing it with a number of new tools of parliamentary control, including consultations with interested parties. The significant shortcomings of the current mechanisms of parliamentary control, the attitude of the people's elected officials to its implementation, are revealed, and relevant proposals for its improvement are developed, such as: temporary introduction of the imperative mandate; the introduction of public councils at state authorities of all branches of state authority and local self-government.