DECENTRALISATION IN THE SYSTEM OF ADMINISTRATIVE LAW OF UKRAINE: BETWEEN PRINCIPLE AND VALUE

Abstract

The article examines decentralisation as a value of administrative law in Ukraine, which is of key importance for democratisation of administrative processes, formation of effective public administration and ensuring the rights of citizens. Analysing the scientific literature and legal acts, the author reveals terminological ambiguity and the lack of a unified methodology for analysing decentralisation. Particular attention is paid to the study of the architectonics of decentralisation as a principle of public administration, which includes axiological, legal, institutional, functional, territorial and resource bases. The author examines the tendency of ‘centralisation’ of administrative axiology, which narrows the interpretation of decentralisation to the principle governing organisational and legal relations in the public administration system and ignores its broader value dimension. The article emphasises that decentralisation not only determines the boundaries of the distribution of powers, but also serves as the fundamental basis of a democratic and lawgoverned state, which requires its rethinking as an axiological category. The author analyses the views of Ukrainian scholars who often equate decentralisation with the principle of optimal combination of centralisation and decentralisation of public power, which makes it difficult to develop a unified theoretical framework. Based on the European experience, in particular, the standards of the Council of Europe, the author substantiates the need to expand the research on decentralisation in the context of its axiological significance. The author proposes to consider decentralisation as a key value that is implemented through the national and local levels of government. Important tasks are to systematise legal regulation, create a clear methodology for analysis and introduce educational programmes that would reveal the importance of decentralisation for the development of democracy. The article also emphasises the link between decentralisation and Ukraine's European integration, which opens up prospects for modernising public administration. Finally, the article provides practical recommendations for scholars, legislators and practitioners on how to further develop decentralisation as a value and its role in public administration reform.