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View of Modern Criteria for the Effectiveness of the Mayor as a Leader in the Local Government System

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Modern Criteria for the Effectiveness of the Mayor as a Leader in the Local Government System

Bilynska M1, BaltsiiYurii2, Boyarskyy Oleksandr3, Bykova TetianaValerijivna4,Gryshova Rymma5

1Doctor of Science in Public Administration, ProfessorVice-President of the National Academy of Public Administration under the President of Ukraine

https://orcid.org/0000-0001-6936-0950

2Odessa Law Academy National University,Fontanskast, 23, 65009 OdessaUkraine

3Odessa Law Academy National University,Fontanskast, 23, 65009 OdessaUkraine

4Dr.Litt, Associate Professor, Professor of the Ukrainian Literature Department, National Pedagogical University named after M. P. Drahomanov

ORCID.ORG 0000-0002-8028-3535

5National University of Life and Environmental Sciences of Ukraine ORCID - 0000-0002-3422-1704

e-mail 1[email protected], 2[email protected], 3[email protected]

Abstract

The article considers the modern criteria for the effectiveness of the activity of the mayor as a leader in the system of local self-government, on the basis that the organizational and legal forms of activity of the mayor are a formal manifestation of the organizational activity of local self-government bodies and act as one of the main organizational elements.

Four main criteria for the effectiveness of the mayor's activity are analyzed , namely: social, intellectual, economic and procedural.

Based on the study of the set of criteria for the effectiveness of the mayor, the author proposes to use a modeling method that reflects not only the qualitative characteristics, but also the subjective and objective aspects of this activity, while distinguishing several types of models: general ideal model; specific organizational and technical models; real models.

The attention is focused on the social criterion of the effectiveness of the mayor, which is the main, primarily because the local society directly assesses all the activity of the mayor.

Keywords: local self-government, mayor, performance criteria, democracy .

INTRODUCTION

The course of building a democratic state of Ukraine, characterized by the rule of law, the division of state power into legislative, executive and judicial, the priority of human and citizen rights and freedoms, as well as the formation of civil society, is accompanied by objective processes of formation and development of the institution of local self-government (Baltsii Y. 2007).

In historical retrospect, local self-government, as a specific socio-legal phenomenon, has experienced its formation all over the world and in Ukraine, and has been tested for practical implementation, especially in cities. Even today, urban self-government remains the most

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developed in line with other levels of local democracy. Hence, there is a scientific and pragmatic interest in organizing the statutory status and dynamic development of the legal regulation of the city local self-government, its bodies and institutes, among which one of the most important places belongs to the mayor – the chief official of the city territorial community (Baltsii Y. 2015).

Analyzing the legal status of Mayors in foreign countries should be noted that in almost all countries where there is a local government primary municipalities have their legal representatives - officials, ie leaders (VolkovV . 2013). In different countries they are called differently: in Germany – the burgomaster, in France – the mayor, in the USA – the mayor, in Ukraine – the chairman. But they are all united in one thing – they are leaders whose actions are primarily aimed at improving the lives, well-being of the population that elected them, in the respective administrative and territorial units. And from that , how they will operate effectively to improve the lives of their voters population of the administrative units will depend Stay or him their leader status or not. At the same time, the issue of control over the effective activity of mayors in foreign countries is much greater than in Ukraine, for example, if the mayor violated the rules of the current legislation or failed to fulfill election promises, then the population may withdraw him, thereby depriving him of his leadership.

Unlike foreign countries, the legal status of the mayor in Ukraine, as a relatively new subject of public-legal relations, which is a novelty for the Ukrainian legal system, being the subject of numerous disputes among scholars who specialize in municipal legal issues, is undeniable.

interest not only in scientific terms, but also among practitioners (Baimuratov M. 2019).

The mayor is the leader not only in the election race, when it receives the majority of voters in a given city, but also in the future should maintain its leading position in the exercise of its powers within the respective territorial term community.

The purpose of the study is a comprehensive analysis of the criteria for the effectiveness of the mayor, as a leader of the respective territorial community, which is one of the priority areas of modern science of constitutional and municipal law. At the same time, ensuring the legal regulation of the effective activity of the mayor, as well as the problems that are closely related to such activity, have recently inevitably aroused the interest of both scholars representing various fields of legal science and a wide range of practitioners. The attention to these issues is quite clear: today in Ukraine there is an active process of modification and improvement of the whole system of local self-government, approximation of its national model to international standards, in which the role of the leader, as the leader of city self- government is of great political, legal and socio-economic importance. In yznachennya same criteria effect yvnosti activity here is how qualitative characteristics of a particular item or organizing their entirety, reflecting their real role you solving local local problems. It should also be borne in mind that the higher the contribution of such an element to addressing issues in the fields of economy, social life, spiritual culture, regulation, welfare, the greater the reason for its effectiveness. The criterion on general rule formally represents the direction is also a manifestation of organizational element or overall organizational performance, the study and analysis of changes which can be judged on their performance in general.

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METHODS

The study used general and specific methods of research, in particular: theoretical generalization, comparison and morphological analysis were applied in the process of forming the conceptual and categorical apparatus for the study of criteria for the effective activity of the mayor .

For the formation of new organizational forms of effective activity of the mayor, as the leader of local government we are used ly modeling method, which reflects not only the qualitative characteristics but subjective and objective aspects of the activities at the local, local level.

In the study, we also used logic-semantic analysis to identify the constituent elements of performance criteria for mayors in their national understanding.

RESULTS

Based on the diversity, multifaceted nature and diversity of tasks the mayor handles in various spheres of activity of the city council and city territorial community, it is possible to speak about the existence of many criteria characterizing both the organizational activity of the mayor in different spheres of local life and organizationally-legal forms of activity in which this activity takes place, is realized in the process of solving various problems of local life.However, it seems necessary to indicate that the following criteria are most important in the institutional aspect.

Social criterion.For local self-government bodies, every element of their organizational activity has, first and foremost, social content – in fact they act as local authorities and statutorily mediate, formulate, express, ensure the practical realization and realization of interests, goals and, ultimately, the will of territorial communities. Therefore, the most important criterion of organizational and legal forms of activity of the mayor is the social criterion. It means that when choosing an organizational element, its practical action and evaluation of its impact, it is necessary, first of all, to proceed from the extent to which a given organizational element is capable of realizing the goals and objectives, presenting the necessary interests related to these goals and objectives, to express the will of the local community.The relationship between the social efficiency of the legal form and the practical impact of its implementation is immediately apparent. If the goal for which the organizational element has been worked out is achieved, it works in practice and therefore has a positive potential in the context of institutionalization and improvement of local self-government.

The peculiarity of the social criterion of the effectiveness of the organizational forms of the mayor is that for the development and participation in most of these forms (for example, in establishing both domestic and international relations with other cities, associations of local authorities and, eventually, with any external actors) involved a large number of participants.

Moreover, the implementation of such forms is under the constant control of the public (territorial community) and therefore certain steps in the implementation and the end result of such organizational activities are not possible to hide. In addition, the social criterion for the effectiveness of such forms is manifested in the initiation, formation, selectivity and transformation of the organizational and legal forms themselves, which are mediated by the collective forms of human activity.

This is due to the fact that in the conditions of a radical change in living conditions in the course of market reforms, not only is the activation of life itself, but also activates the

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organizational activity of local governments, including the mayor, which manifests itself in specific organizational and legal forms ( for example, the formation and expansion of economic cooperation with local governments, both Ukraine and foreign countries, the emergence of interest and motivation in the mayor to decide urgent and perspective problems of urban habitat development, etc.).

Through organizational activities, for example in the field of international cooperation, the mayor using brought about from outside legal forms, on the one hand, integrates and focuses the knowledge, experience, forms of activity accumulated by landmark partners, the thus increases their professional Rive Hb. At the same time, implementing these and other legal forms of the practice of urban life (positive perception by Rubizhne experience) increases economic prosperity and overall culture of members of the city tery local offices of the community. At the same time , there are many organizational and legal forms of such cooperation. Among them is an important exchange of local government delegations, most often headed by mayors. In their process, international cooperation is born, structured and institutionalized (initiation of cooperation, discussion and signing of the treaty, its prolongation, determination of the circle of its participants, etc.).This form of cooperation is actively used by local councils.

Intellectual criterion.The development and implementation of each of the organizational forms of activity of the mayor should be carried out at a high competent level, based on the integration of knowledge and experience in many spheres of human life. This makes it objective to have an intellectual criterion for the effectiveness of the organizational elements of this activity, which implies their use in free intellectual search, which promotes the self- expression of the mayor as a person, citizen, resident of the respective territory and a member of the relevant social community with the appropriate mentality, and finally as an intellectual personality.

This criterion contributes to the rationalization of the activity of the mayor and other local self-government entities, which is an important factor in the context of large-scale market reforms and their transfer to the local and regional level. Therefore, many local governments in Ukraine involve scientific staff of educational, scientific and research institutions in the development of specific organizational and legal forms (OleksanderKopylenko et al. 2018).

Economic criterion. The economic basis for the effectiveness of organizational elements in the activity of the mayor is the economic criterion (Gryshova I. et al. 2020). This is justified , first of all, by the fact that any organizational measure related to the expenditure of relevant material, labor, temporary, information, communication, personnel and other resources (Gryshova I. et al. 2019). Therefore, in the context of the systemic socio-economic crisis in which Ukraine has emerged, it is necessary to clearly regulate both the organizational activity of the mayor and the organizational and legal forms used and implemented in its implementation.

However, it should be borne in mind that in reducing the economic costs of implementing such forms, one must strive for their high social and intellectual impact (Gryshova I. et al.

2020). This becomes really possible when using new and unconventional forms and methods of organizational activity.

Procedural criterion. He is of particular interest in the system of performance criteria for the mayor. And that's why. First, this activity, in its essence, is democratic , because it is carried

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out in line with the overall democratic processes and tendencies that take place both within the state and at the local level in the system of local self-government of Ukraine. Secondly, this activity, as a kind of indicator of the democratic process, involving the citizens of Ukrainian cities and their local self-government bodies, directly influences the decision- making process, which is important for the organization of local life. Therefore, third, which is organizationally justified, this activity must proceed in procedural forms that have a clear democratic meaning.

It should be noted that, according to the theory of the democratic process, democracy is a collective decision-making process or, in other words, a governance process (Dahl R.A.

1989). Based on the methodological setting, it is possible to formulate not only the internal laws of functioning of the city territorial community in the conditions of democratic regime, but also the procedural decision-making activity of the mayor representing it, which finds its formal expression and consolidation in organizational and organizational-legal forms.

It should be borne in mind that the process of decision-making in the genesis of organizational form involves two analytically different stages: the establishment of the agenda and the output of the result. "Setting the agenda is part of the process, during which selected questions, which should take the decision ... Withdrawal result, or a decisive phase – a period during which process achieves results, signifying that the policy definitely is accepted or rejected" (Dahl RA 1989). Thus, the formation of organizational and organizational forms of activity of the mayor is determined and characterized mainly by his interests in addressing issues of local life , which are dominant for local governments.

The set of criteria for the effectiveness of the mayor's activity on the formation of new organizational and legal forms gives an opportunity to use a method of modeling that reflects not only qualitative characteristics, but also the subjective and objective aspects of this activity. In the legal literature there are several types of models, in particular, there are three types: the general ideal model; specific organizational and technical clothes; real models (Baltsii Y. 2015).

The ideal model of activity for the formation of organized forms of mayor may be interpreted as an image, a prerequisite that precedes the development of specific organizational and technological models. Given that such activity is a type of general decision- making process by the mayor on various issues of local life, which is a type of administrative process, this model must meet the following requirements: a) the emergence of the organizational form of the mayor should be caused by active socio-economic needs (the need to realize the interests of the territorial community in the context of solving issues of local importance); b) the organizational and legal form of activity must meet the needs of economic and social development of the city territory; c) the legal form of activity must be real, feasible and fully implemented in order to obtain the intended effect.

The general ideal model is the basis for the formation of specific organizational and technological models of organizational forms of activity of the mayor. In the literature, the organizational and technological model of the decision- making process is understood to be a strictly ordered , legally regulated , defined by stages and participants of decision making set of operations, procedures, actions to collect , process information, formulate a draft decision , its adoption and implementation.

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Thus, this model is different from the general ideal model more thorough regulation that finds its expression largely formalize the decision process. And also with the requirements and rules that create the real conditions of the management process.

At the same time, the practical activity of city mayors as leaders of local self-government shows that it is impossible to develop organizational and technological models of forms of activity in all details, even for typical and typified cases, and even more so. So, the organizational form that will actually be implemented will give us a concept of a real model.

Its implementation is the actual implementation of a specific organizational and legal form of the mayor. At the same time, it is fundamentally important to maintain in a real model all stages of the process of developing the legal form - defining goals and objectives, analyzing the problem, evaluating information, choosing the best solution, adhering to its formation and implementation of the criteria of managerial effectiveness and principles of democracy.

CONCLUSIONS

In general, it can be stated that the modern criteria for the effectiveness of the activity of the mayor, the leader of the respective territorial community play a crucial role in the formation and development of the whole system of local self-government in Ukraine.

Social, intellectual, economic and procedural are the most important criteria for the effectiveness of the mayor.

In the study of the set of criteria for the effectiveness of the mayor's activity on the formation of new organizational and legal forms, we were given the opportunity to use an innovative method of modeling, which is appropriate to reflect not only qualitative characteristics, but also subjective and objective aspects of the activity of the main local government official in Ukraine. In addition, they identified varieties of models, in particular: general ideal model;

specific organizational and technical models; real models of practical activity of mayors.

Further exploration of the performance criteria of the mayors, leaders, will help to strengthen and develop this democratic institution not only in Ukraine but also in other democratic countries of the world, where local government plays a crucial role in the construction and development of a legal democratic state.

REFERENCES

[1]. Baimuratov M. ,Boychuk A., Kurovska I. The Rule of Law as a Leading Principle of International Law in the Age of Globalization . Proceedings of the 5th International Conference on Social, Economic, and Academic Leadership (ICSEALV 2019), Advances in Social Science, Education and Humanities Research, Vol. 386, p. 240-244.

[2]. Baltsii Y. Legal status of mayor in Ukraine: Monograph. –О .: Phoenix, 2007. – 176 p.

[3]. Baltsii Y. Status of one-person official of local self-government: experience of foreign countries // Legal Bulletin – № 3. – Odessa, 2015. –P. 277-282.

[4]. Dahl RA Democracy and its Critics – New Haven and London: Yale Unive r sity Press, 1989. – P. 26.

[5]. Gryshova I., Shabatura T., Girzijauskas S., Streimikiene D., Ciegis R., Griesiene I. The Paradox of Value and Economic Bubbles: New Insights for Sustainable Economic Development. Sustainability 2019, 11 (24): 6888. DOI: 10.3390 / su11246888.

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[6]. Kopylenko O., Gryshova I., Diachenko O. (2018). Leading institutional mechanism of state regulation and the hadow economy. In: Strielkowski W. (ed.). Proceedings of the 2nd International Conference on Social, Economic and Academic Leadership (ICSEAL 2018), Advances in Social Science, Education and Human Relations Research, vol. 217, p. 60- 68. doi: 10.2991 / icseal– 18.2018.10.

[7]. Volkov V. Legal status of the mayor of the city: European experience [Text] // Pravn.

Chop. Donets University. – 2013. – No. 1 (29). – P . 29-36.

[8]. Gryshova, I.; Kyzym, M.; Khaustova, V.; Korneev, V.; Kramarev, H. Assessment of the Industrial Structure and its Influence on Sustainable Economic Development and Quality of Life of the Population of Different World Countries. Sustainability 2020, 12, 2072

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