ORGANIZATIONAL AND LEGAL PRINCIPLES FOR THE UNITED TERRITORIAL COMMUNITY TO GUARANTEE SECURITY IN THE CONTEXT OF DECENTRALIZATION

Abstract

In the context of decentralization, increasing the capacity of each community to provide quality services to the population in emergencies to ensure security and create a safe environment is an urgent issue. This paper aims to study the organizational and legal framework for ensuring the security of the united territorial community in the context of decentralization, identifying problematic issues and providing suggestions for their solution. During the study, the author analyzes the existing projects that ensure the safety of life of the population in the united territorial community, such as “Community Police Officer”, “Municipal Guard”, “Municipal Security”, “Community Security Center”, in terms of state, municipal and public initiatives. The disadvantages and advantages of existing projects, as well as obstacles to their successful implementation are identified. In addition, the author examines the state of legal support for the implementation of these initiatives in domestic legislation, in particular, the laws of Ukraine “On citizen participation in the protection of public order and state border”, “On security activities”, “On local government in Ukraine”. The author identifies “gaps” in the legal framework and the threats they pose to the security of the community, society and the state at the local level. The author notes the attempt to solve this problem by adopting the law of Ukraine “On Municipal Guard” and the obstacles that arise in the way of its adoption. The experience of legal support of Gmina Warta in Poland, which has successfully solved the issue of ensuring the safety of life of the territorial community, is analyzed. The study concludes that the draft law of Ukraine “On Municipal Guard” should be finalized taking into account the comments and positive foreign experience in conjunction with associations of local governments as well as public involvement in its discussion.