The article draws attention to the fact that the current legislation on local self-government and service in local self-government bodies contains a number of problematic issues in terms of ...regulation of remuneration of officials. It is emphasized that this significantly reduces the effectiveness and reliability of material and financial guarantees for persons performing the tasks and functions of local self-government in positions in its bodies. Due to the low level of regulatory and legal control, the institution of salary does not fully perform the functions it is supposed to perform. The article examines the essential content and role of wages in a modern democratic, legal state, which in its functioning and development relies on the tools and levers of the market economy, as well as civil society institutions. The author presents scientific positions on the content of the concept and functional purpose of wages, as well as its characteristic properties as a legal category. The author analyses the opinions and proposals for eliminating the shortcomings of the organisational and legal framework for material and financial remuneration of public servants of local self-government bodies. It is emphasised that Ukraine has the Law “On Service in Local Self-Government Bodies”, which is intended to change the approaches to the regulation of remuneration of municipal officials significantly, but it has not entered into force and may remain in this state for a long time. In addition, it should be noted that this legal act also has certain gaps in terms of regulating the remuneration of the public servants under study. Taking into account the positions of researchers, as well as the upcoming update of the legislation on service in local self-government bodies, some steps are proposed to improve and develop remuneration of local self-government officials. The author emphasises the need to revise the scheme of official salaries and improve approaches to bonuses for local self-government officials. Emphasis is placed on the importance of improving the effectiveness of mechanisms and tools for stimulating and encouraging the work and service activities of municipal officials.
The issue of decentralization is currently of great importance in Bulgaria. It is related to a number of reforms in local self-government, which require broad public consent. This consent should be ...derived or obtained after conducting a large-scale information campaign to acquaint the Bulgarian public with the administrative, political and financial framework of the local government. The purpose of this paper is to investigate the awareness of the local community on some key topics in the area of municipal revenue. The main method used is the survey method. The obtained results show that the local community has not reached this level of awareness, which would provide a solid basis for civil participation in the local self-government reform process. The conclusion to be drawn is that the state authority must conduct large-scale information campaigns and organize discussions on the issues of decentralization.
The purpose of the article is to study the reform of local self-government, the main component of which is decentralization. At the same time, the main goal of the reform of local self-government, in ...our opinion, is timely, effective, independent provision of its effective activity, first of all, to solve issues of local importance at one’s own expense, which will further lead to the full mobilization of all internal reserves and the endowment of all territorial communities with large resources.During the research, general scientific methods were used, in particular: historical, logical, systematic. The historical method was used when considering the objective process of development of the concept of decentralization with all its twists and turns. The logical method was used to reflect the historical process of the concept of decentralization in a theoretical and abstract form. The system method made it possible to consider decentralization in the form of an extremely complex socio-political system. It is through the systematic approach that an opportunity is created to comprehensively assess the current state of decentralization, its significant resource and intellectual potential, opportunities for the establishment and development of a democratic legal state.The very concept of «decentralization» is defined, which is generally interpreted as the transfer of powers from state authorities to local self-government bodies.In foreign countries, decentralization is considered as a kind of process of transferring power and corresponding financial resources from the central to lower levels of government, such as provinces, regions, districts and municipalities. The main types of decentralization are analyzed and defined: political, administrative and fiscal, as well as the main forms of decentralization: devolution, delegation and deconcentration.Recently, in the state and society, there is a need to develop new approaches to the system analysis, composition and content of the category of «decentralization», which is traditionally defined as a kind of process in which relevant independent units are formed in a centralized state, which are the bearers of public self-governing power (Local Government). At the same time, an urgent necessary condition for the stable and sustainable development of civil society and a democratic legal state is the effective provision of an effective balance not only of national and local interests, but also the appropriate coordination and cooperation of these interests at various levels of public authority.We believe that the continuation of the most effective reform of local self-government, the main component of which is decentralization, will contribute to strengthening the capacity of not only local executive bodies, but first of all, local self-government bodies, which by their nature are the primary institution of direct people’s power.
Local self-government is an integral part of a democratic society, since it actively influ-ences the political and socio-economic conditions for the development of civil society, and becomes an ...important prerequisite for the creation of a democratic and legal state. The de-velopment of legislative principles of local self-government in the Ukrainian state is influ-enced by the experience of Western standards of local self-government, the practice of state building in Eastern European and other countries. An important factor for the devel-opment of self-government institutions is the process of globalization, which significantly changes socio-political relations, changes the principles of interaction of territorial com-munities, political organizations and local self-government agencies. The authors of the ar-ticle study the current theoretical and methodological, legal and practical aspects of local self-government in Ukraine. The historical regularities of the formation and development of local self-government in Ukraine (1991–2019) are studied. The stages of the formation and reform of local self-government and territorial organization of public power in Ukraine are determined, namely the authors have distinguished three stages: 1990-1996 (formation of the institution of local self-government of independent Ukraine before the adoption of the Constitution); 1996–2014 (development of the Constitutional principles of local self-government); from 2014 to the present day (reform of local self-government of Ukraine, decentralization). The current problems of ensuring the effective functioning of local self-government agencies are studied.
The specificity of the socio-economic and ethno-cultural processes developing on the territory of the Republic of Tyva reflects the objective need for expert and scientific analysis of the ...problems of managing the territories of municipalities in the region in the general context of the transformation of the system of territorial organization of local self-government in Russia. The purpose of this study is to develop practical recommendations for improving the territorial organization of local self-government in the Republic of Tyva. In the article, based on the application of general scientific methods (logical method, comparative analysis and a systematic approach), the features of the territorial structure of local self-government in the Republic of Tuva are investigated, and the main problems of spatial and territorial development of municipalities are identified. A general conclusion is made that the republican government bodies, in cooperation with municipalities, need to jointly develop a draft “road map” for the transition to a single-level system of local self-government, taking into account the opinion of the population and repre-sentatives of the expert community. The author proposes a project of territorial reforms of local self-government in the region and gives a preliminary assessment of possible management decisions to transform the boundaries of the municipalities of the Tyva Republic (projected changes in population, area of municipalities, administrative and managerial effects, etc.).
Each country at the level of individual territorial units forms its own system of public administration, which is both individual and under the influence of national, historical, geographical, ...economic and other features. Familiarization with various foreign experience allows allocating a common characteristic in the system of public administration, which is the functioning in the countries of the institute of local self-government. The functioning of a productive system of local self-government is an integral element of any democratic country. The choice in local government for the benefit of either local self-government bodies or public authorities depends on the theory of local self-government prevailing in national politics. At the same time, the choice of theory and model affects the effectiveness of local government, its ability to ensure and guarantee the rights of the community as a whole and the interests of each individual resident in particular. Studying the theoretical principles of public administration at the local level allows not only to get a general vision of this process, but also to allocate its characteristic features. Studying the effectiveness of local self-government activities in different countries and analyzing the possibility of applying modern methods of management in the domestic system of local self-government is relevant for Ukraine in the process of ongoing reform of the public administration system and the search for the optimal model of government organization at the local level. Due to the complexity, importance and interdependence with a whole range of other socio-economic processes, the issues of theoretical principles as to formation and functioning of local self-government, determining the level of decentralization in the system of public administration of territories constantly remain in the field of view of researchers and practitioners of the world, which determines the perspectivity and relevance of researching this topic.
Autori u tekstu propituju povijest razvoja lokalne samouprave u Hrvatskoj od samih početaka do danas. U tom smislu, rabe pravnopovijesnu metodu i daju presjek razvoja te institucije s naglaskom na ...normativnu regulaciju unutar zadnjih 30-tak godina. Rad ukazuje na temeljne nedostatke u razvoju lokalne samouprave koji se moraju prevladati kako bi ona bila učinkovitija.
The authors question the history of the development of local self-government in Croatia from the very beginning to the present day. In that sense, they use the legal-historical method and give a cross-section of the institutions’ development with an emphasis on normative regulation within the last 30 years. The paper points to fundamental drawbacks in the development of local self-government that must be overcome in order to make it more effective.
Entry. The article is devoted to the historical aspect of the formation and development of local self-government models in countries such as Germany and Switzerland. Local self-government in these ...countries has its own characteristics and principles of implementation, which are determined by the form of territorial organization, but can be applied to the construction of social relations in Ukraine. For Ukraine, as a state that is characterized by European legal standards for building local self-government, the experience of European states in this direction is interesting. Short list of main results.The article highlights the constitutional and legal foundations of the formation and development of local self-government models in Germany and Switzerland. The municipal system of these states is based on European standards of local self-government - decentralization, subsidiarity, autonomy of local self-government. The national legislation of Ukraine is also characterized by the consolidation of European standards. Conclusions. Local self-government in Germany and Switzerland covers almost all aspects of the democratic organization of local life, makes it possible to rationally decentralize state power, transfer decision-making on all issues of local life to territorial communities, thereby stimulating citizen activity and ensuring their real involvement in such decisions. The positive experience of European states in involving citizens to participate in issues of local importance will contribute to the creation of an effective model of local self-government in Ukraine.
The status of municipal power as a special kind of public power actualizes the issue of the formation of a scientific concept of municipal legal liability. Such a concept should be comprehensive: ...take into account the peculiarities of municipal legal relations, the dynamics of legislative regulation of the institution of local self-government, law enforcement practice, the status and functions of local self-government bodies. This article is devoted to the consideration of these issues. The methodological basis of the research comprises a wide range of general scientific and special methods with the prevalence of a systematic approach, a formal legal method and methods of interpreting legal norms. The author formulates the essential characteristics of municipal legal liability, which enables to more clearly distinguish it from constitutional legal liability not only in terms of the form, but also the content. From a practical point of view, the article focuses on the analysis of the current legislation, the proposed regulatory changes, as well as the relevant judicial practice. As a result of the study, the author determines legal nature and significance of some elements of the mechanism for bringing local councils to liability, identifies positive aspects and disadvantages of the proposed legal changes and formulates proposals to change certain provisions aimed at improving the guarantees for the activities of local councils. The proposed amendments to the legislation correspond to the concept of municipal legal liability and at the same time they are designed to help maintain a balance between centralization and decentralization of public power. The results obtained are relevant in the context of the ongoing municipal reform, as well as in the context of reforming the legislation on public power in general. The results can be used in further scientific research, lawmaking and law enforcement.
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