The state status of Moscow city requires the solution of the question of the correlation of opportunities and powers of the city authorities and the lower level of territorial management of the city, ...based on the need to preserve the unity of the urban economy. From this perspective, the stages of development of local self-government in Moscow are considered. Attention to the nature of the organizational changes at the local level, which began with the accession of new territories to Moscow in July 2012, - is focused. Transformation of the organization of state and municipal management of the city is analyzed, tendencies of development of local government in the city of Moscow are defined.
El inframunicipalismo ha pervivido en nuestro modelo territorial desde el siglo XIX. Introducido por la Constitución de Cádiz en 1812, el constitucionalismo español ha dado continuidad a este ...fenómeno que, no en pocas etapas de nuestra historia, ha provocado una vulneración flagrante de numerosos preceptos constitucionales. Fuera de la tendencia seguida por España con la Estrategia del Sur de Europa, los municipios extremeños de Don Benito y Villanueva de la Serena decidieron constituir una nueva entidad municipal que todavía se encuentra en fases de ejecución del proyecto de fusión, cuyo corto recorrido ha supuesto un ejemplo para el municipalismo español y europeo. Esta fusión en Extremadura ofrece claves y nuevas esperanzas en la adopción de medidas para solventar los perniciosos efectos del minifundismo local en España.
The article is devoted to the study of the formation and development of legislation on municipal service in the Republic of Lithuania. Individual factors that influenced the evolution of legal ...regulation of public service have been determined, in particular, the impact of adapting legislation to the requirements of the European Union at the stage of Lithuania's membership has been analyzed. The stages of the development of the legislation on the service have been singled out, the main novelties of the legal regulation of the institute under study at each of the stages have been analyzed. A conclusion has been made about a sufficiently centralized model of legal regulation, which provides for unified regulation of state and municipal service. Despite the fact that this model is determined by national characteristics, it is emphasized that the Republic of Lithuania successfully applies it in practice, and therefore the legislation in the field of municipal service is considered to be in line with European standards.
The peculiarities of the formation of legislation on service in local self-government bodies in Ukraine have been also characterized. The trend of separating the mass of legal norms regulating the municipal service into a separate law has been determined, despite the similarity of the legal regulation of the state and municipal service, the identity of the methodological approach to the regulation of the relevant social relations, which has been repeatedly noted in the scientific literature. The consequences of the lag behind the reform of the legislation on service in local self-government bodies from the legislation on civil service have been given. Modern trends in the development of legal regulation of municipal service have been determined.
A comparative legal analysis of the principles of municipal service in Lithuania, the current Law of Ukraine “On Service in Local Self-Government Bodies”, as well as the draft of the new law on service under consideration by the Parliament, has been conducted. It is concluded that a number of principles have already been taken into account in the current version, although in general the interpretation of the principles given in the researched project is more modern.
Local self-government is a form of decision-making and governance in local communities established on smaller parts of state territories. It is exercised either directly by its citizens, or by their ...elected representatives, as well as by other local bodies. The local authority, executed by local bodies, theoretically represents the government of citizens in local communities. Local self-government can be considered as the basic organization of power, and the history of constitutionalism cannot be imagined without it. In this paper, the authors first present the basic characteristics of self-government. These include: 1) the existence of a defined scope for certain local self-government activities, executed by local government bodies without interference from the central government; 2) citizens' entitlement to choose their representatives in local communities through direct elections or to be directly involved in making decisions on important topics of interest to the local community; 3) local institutions' independence in terms of their organization and personnel; 4) local self-government having its own independent financing sources (taxes, own property); 5) local autonomy protected by the constitution and laws to ensure the unobstructed work of local self-government. In this paper, the authors analyze the elements of the constitutional position of local self-government in Serbia, including its concept, the method of decision-making, jurisdiction, the right to self-organization, and the protection of local self-government.
A significant form of constitutional rights implementation by Russians is the institution of local self-government, which has an important role to play in the civil society formation. Federal Law ...dated on December 21, 2021, No. 414-FZ “On the General Principles of the Organisation of Public Power in the Constituent Entities of the Russian Federation” reveals the constitutional provisions for the public power unified system organisation in the constituent entities of the Russian Federation. Currently, a draft federal law reflecting the general principles of the local self-government organisation in the public power single system is being discussed. The article analyses the main provisions of this draft law related to the public self-government development, civil society and the representative power formation at the municipal level and identifies their imperfections.
A scientific analysis of the political process in the Volyn region for thirty years of existence of independent Ukraine has been carried out in the article. Emphasis has been placed on institutional ...and non-institutional practices of political activity and participation of subjects of socio-political relations, which determined/determine the nature and direction of the political process in Volyn. The sequence of actions of the government and the opposition to dismantle the institutions of power of the Soviet era, the decommunization of the symbolic space of the settlements of the region, creation of civil society institutions and parties, paradigm shifts in the attitude of local authorities to churches and their denominations, participants in national liberation struggles, etc. have been revealed. Significant influence on the direction of the political process is determined by the electoral participation of citizens in elections to higher and local authorities and, accordingly, qualitative composition of the Verkhovna Rada of Ukraine and local councils. Along with the analysis of the party representation from Volyn in the parliamentary corps of the Ukrainian parliament, there has been traced the dynamics of participation and preferences of certain political forces and parties in the elections to the regional council. The process of party-political structuring in the region has been periodized. The significant attention has been paid to the analysis of socio-political activity of Volyn residents during the Orange Revolution and the Revolution of Dignity. The author came to the conclusion that in general, the political process in Volyn reflects the direction of the political process in Ukraine with its simultaneous diversification in the following main areas:first, the abandonment of authoritarian-totalitarian institutional forms and the transition to democratic ones; secondly, the decommunization of public space and the modeling of historical memory, accompanied by the return of national (local) traditions, rituals and symbols; thirdly, enriching the „palette” of domestic experience in political activities and participation in regional practices.
It has been established that the institutions of Municipal Law are the key elements of the studied branch of law. This is due to the fact that they are more clear, specific and homogeneous regulatory ...elements with regard to their subject matter, which allows making certain structural and substantive changes to them without affecting other components of the Municipal Law system. The division into institutes helps to group legal norms that are homogeneous in terms of subject matter and methods of regulation, which contributes to a clearer definition of the main directions of the regulatory impact of Municipal Law and ensures more meaningful and efficient regulation of relevant legal relations, as well as the internal integrity and autonomy of the Municipal Law system.
The following are proposed to be classified as the institutions of Municipal Law: general principles of local self-government (constitutional and legal norms); guarantee of local self-government; exercise of power by the people through local self-government bodies; principles of organisation and operation of local self-government entities; local elections and referendums; various forms of direct participation of citizens in resolving local issues; territorial communities; executive bodies of village, town, city, district and city councils; village, town and city heads; institution of representative bodies of local self-government; communal property; local budget and local finance; responsibility of local self-government bodies and officials.
It has been noted that the above-mentioned institutions of Municipal Law are not exhaustive, but they reveal the essence of the relevant branch of law in the most meaningful way. It has been emphasised that an important task of the legislator is to create appropriate legal and organisational conditions for ensuring high-quality and efficient functioning and interaction of all municipal law institutions.
The scientific study is devoted to the problems of administrative responsibility for violating the requirements of the by-laws of local self-government bodies. Legislative acts and the list of ...administrative offenses regulating the powers of local self-government bodies are studied. The article examines the works of scholars who have studied the peculiarities of administrative liability for violation of parking rules, ensuring silence in cities, and waste management.It is stated that the binding nature of decisions of local councils and their executive committees is one of the guarantees of local self-government. Guarantees of local self-government are defined as a system of conditions that provide territorial communities with the exercise of the right to local self-government. Attention is drawn to the fact that local councils make decisions on the budget, housing, communal services, land relations, improvement, education, and health care, and regulate other legal ties. Failure to comply with many by-laws of local self-government bodies may entail administrative liability. Administrative offenses in budgetary, land, environmental relations, and settlement improvement are analyzed.
Cases of qualification of by-laws violations of local self-government as administrative misdemeanors are determined. The objective side of the composition of these administrative offenses is described.
The authority of local self-government bodies to bring offenders to administrative responsibility is clarified. Proposals for expanding the competence of administrative commissions and executive committees in bringing administrative responsibility are made. It is proposed to establish a list of violations of by-laws of local self-government bodies in the Law of Ukraine On Local Self-Government in Ukraine, for which administrative responsibility is provided for citizens and legal entities.
The article examines the organisational and legal framework for implementing certain projects of interaction between local self-government bodies and the police under martial law, and identifies the ...specifics of their financial support. The purpose of the study is to identify promising projects of cooperation between local self-government bodies and the police and other authorities in creating a secure environment and the means of their organisational and economic support. The objectives of the research are to clarify the legal basis and forms of cooperation between local self-government (LSG) bodies and the police in the area of ensuring the vital activity of the region; to identify promising projects of cooperation between local self-government bodies and the police and other bodies in creating a secure environment that have been implemented and are planned for implementation and ways to finance them. The methodological basis of the paper is the dialectical method, the application of which allowed to comprehensively reveal the nature of forms and methods of interaction between local self-government bodies and the police. The study established that the interaction of the National Police of Ukraine with other public security entities during the anti-terrorist operation should be understood as an activity based on legislative and by-law regulations and coordinated in terms of objectives, time and place of conduct between entities directly involved in the fight against terrorism, arising from the organisational activities of specially created coordination bodies, and other equal and independent state bodies, local self-government bodies and the public with the aim of their coordinated functioning to protect the rights, freedoms and security of citizens, prevent and suppress terrorist acts and other offences through the most appropriate combination of forms and methods inherent in these subjects. It is found that, taking into account the analysis of positive foreign experience, it is advisable to develop a model programme of interaction of local self-government bodies at the regional level with the police and other authorities to create a secure environment in Ukraine, which should define: the legal basis for interaction; areas of interaction; forms, means and methods of interaction; and the procedure for joint financing of security programmes of interaction in this area.
It has been found that the system of entities providing territorial defence of Ukraine consists of: 1) The Verkhovna Rada of Ukraine is responsible for establishing the legislative framework for the ...territorial defence of Ukraine and for exercising parliamentary control over the compliance with the requirements of the legislation in this area by the committees established by it; 2) The President of Ukraine and the National Security and Defence Council of Ukraine are responsible for the global management and control over the functioning of the entire defence and security sector of Ukraine, including territorial defence, and ensure the deployment of territorial defence if necessary; 3) The Cabinet of Ministers of Ukraine, ministries and other central executive authorities whose activities are aimed at building the organisational and administrative architecture of territorial defence, determining the vector of development and implementation of the state policy in the field of defence and territorial defence of Ukraine; 4) target subjects of territorial defence implementation including regional state administrations, military authorities and law enforcement agencies. They are responsible for the proper implementation of territorial defence measures, the realisation of its functions, tasks and objectives, as well as the ongoing maintenance of their effectiveness; 5) local self-government bodies.
The conducted analysis allows us to say that local self-government bodies have an independent and special place in the system of entities providing territorial defence of Ukraine. The reason for this is that they ensure the formation of an environment for the effective and efficient implementation of territorial defence tasks on the ground within the framework of a certain legal status and territory of jurisdiction. Consequently, the efficiency of local self-government directly affects the effectiveness of territorial defence, its staffing, etc.
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