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Journal articles on the topic 'Municipal self-government'
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1
Bąkowski, Tomasz. "Stałe składowe efektywności samorządu gminnego." Studia Iuridica, no. 85 (March 15, 2021): 109–25. http://dx.doi.org/10.31338/2544-3135.si.2020-85.8.
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The thirtieth anniversary of the return of local government at the municipal level to the Polish legal and constitutional order prompts various reflections and summaries. There is also time to ask questions about basic issues. Such is the question about the existence of permanent and durable elements in the institution of local self-government, not susceptible to changes in the economic, technological or cultural environment. They include, first of all: 1) the legal nature of the municipal self-government (in terms of public and private law); 2) general goals justifying its existence; or 3) the ways and methods of their implementation. Considering the utilitarian and praxeological context of the existence of local self-government, it is worth paying attention, above all, to those permanent elements that determine the task-related effectiveness of the municipality. They are in particular: 1) collective needs of the community; 2) cooperation of the municipality with other entities and 3) measures conditioning the implementation of tasks entrusted to the municipality. The above enumeration does not reflect the full list of determinants of the effectiveness of local government institutions, but nevertheless it seems reasonable to present a few comments and observations on the indicated elements, which could also be treated as a source of verifying the correctness of the choice made.
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Kubás, Jozef, Viktor Šoltés, and Zuzana Štofková. "THE OPTIMIZATION OF PUBLIC ADMINISTRATION ACTIVITIES OF A MUNICIPAL POLICE." CBU International Conference Proceedings 6 (September 25, 2018): 266–70. http://dx.doi.org/10.12955/cbup.v6.1167.
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Public administration in Slovakia is organized on three levels, one of which is self-government. A local self-administration is defined as a territorial self-government, which is lower on the hierarchy than a regional government. In the Republics of Slovak and Czech, local self-government consists of municipals of privileged entities or incorporations that are attempting to achieve the most secure environment for their citizens. Obtaining this status is possible with a sufficient local budget to form and use services of municipal police. The municipal police force is a disciplinary unit within an area of its territory. In study is the possibility of improving the municipal police of the Slovak Republic. To identify limitations, the Slovak municipal police force is compared with that of another nation exercising activities under similar conditions. For this purpose, the municipal police force of the Czech Republic is compared with that of the Slovak Republic using various indicators. The results show several weaknesses of the municipal police force of Slovak Republic and recommendations are provided to improve its effectiveness.
3
Karlović, Tomislav, Ivan Milotić, and Marko Petrak. "Andautonia. An Example of Local Self-Government in Pannonia." Lex localis - Journal of Local Self-Government 13, no. 1 (January 11, 2015): 35–48. http://dx.doi.org/10.4335/13.1.35-48(2015).
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This paper discusses the structure of local self-government in the Flavian municipium of Andautonia. In the first part, the general concept of municipia is explained. After that, different aspects are discussed, especially the strategic position of Andautonia within the Roman network of roads and river ports, as well as its supposed establishment in the 70’s AD, during the reign of Flavian emperors. With respect to the question of granting municipal status under the Flavians, the paper elaborates on various sources which are also applicable to Andautonia. The central part of the paper presents the organization and competences of local self-government bodies. On the basis of analysis of municipal organization, the paper concludes about a double function of local self-government: giving local population a possibility of self-government which ensured peace in the provinces and transpositioning of Roman governmental structure which facilitated Romanization and integration of local community.
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Zabelina, E. P. "Municipal Procedural Rules and Their Types." Lex Russica, no. 3 (March 18, 2021): 62–70. http://dx.doi.org/10.17803/1729-5920.2021.172.3.062-070.
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The paper analyzes the concept of municipal procedural norms. The author justifiably notes that the municipal procedural norm contains all the features of a legal norm and defines the procedure for ensuring the material powers of local self-government subjects. According to the author, municipal procedural norms are contained in the legislation at the federal and regional levels, as well as in municipal legal acts. The variety of identified municipal procedural norms allows us to distinguish three of their types. The first type of norms includes procedural norms that describe the sequential actions necessary to ensure that local self-government entities exercise their powers. The second type of municipal procedural norms is characterized by the presence of references to other normative legal acts. The third type is made up of municipal procedural norms, which only name specific actions necessary for the implementation of their powers by local self-government entities. Due to the large number of municipal legal acts containing procedural norms, it is proposed to codify them, as well as to introduce a new type of municipal legal acts into the system — the municipal procedural code. This codified act could structurally consist of two parts — general and special. In the general part of the municipal procedural code, it is advisable to include municipal procedural norms that establish general procedures for ensuring the implementation of all available material powers of local self-government bodies and other local self-government entities. In the special par, it would be necessary to fix the norms that ensure the specifics of the implementation of each material authority of the subject of local self-government to resolve issues of local significance. This approach to the systematization of procedural norms will significantly reduce the number of municipal procedural acts and duplication of procedural norms, thereby ensuring more effective law enforcement activities of local self-government bodies.
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Jaworski, Bogdan. "Pozycja ustrojowoprawna samorządu gminnego w systemie administracji publicznej." Studia Iuridica, no. 85 (March 15, 2021): 140–56. http://dx.doi.org/10.31338/2544-3135.si.2020-85.10.
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Public administration in Poland has taken the form of a system of entities with different tasks and objectives, as well as different competences. It is a part of the classical model based on the functioning of two separate components, such as the state administration, including the government and local self-government. From the perspective of a democratic state governed by the rule of law, the existence of local self-government is extremely important, and even becomes a necessity. Therefore, the deliberations addressed in the paper focus on the functioning of this form of public administration at the lowest level of basic division of the state, which is the commune. The presented research is an attempt to indicate the legal status and position of commune self-government not only in the broadly understood local self-government but also in the whole public administration system.
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Sukhonos, V. V. "Municipal and legal views of L. von Stein." Legal horizons, no. 21 (2020): 25–30. http://dx.doi.org/10.21272/legalhorizons.2020.i21.p25.
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Considering the essence of self-government, L. Stein believed that the easiest way to understand it is to trace the historical course of the development of the idea of self-government, the creation and strengthening of its organs. Self-government could not arise with absolutism, both monarchical and republican. It is possible only in the context of a constitutional order that ensures the freedom of development of self-governing local institutions. L. Stein's views closely adhered to the public theory of self-government. He was closer to her than R. Gneist. In particular, for him the state and the self-governing unions are social organisms. The state has the task of carrying out tasks of national importance, and on the bodies of self-government the implementation of local, special tasks, which, by virtue of their local importance, must be entrusted to the bodies of local self-government, as institutions close to the locality and directly interested in the implementation of local affairs. Recognizing the community as a social organism and the presence of special local public affairs, which are the competence of local governments, L. Stein pointed out that at the same time these special public affairs are also public affairs. He did not oppose the self-government bodies of governmental bodies, but acknowledged that both of them and others make one common state business, only the first local and the second general. L. Stein considered that local self-government is a participation in government, since it expresses the representation of only those local interests that are conditioned by land ownership, through which only at least mainly the interests associated with this can be combined. possession. But in self-government there are many interests that have nothing to do with land ownership and a large number of citizens who do not have such ownership, so they, on the basis of L. Stein's definition, should be excluded from local self-government. Thus, in defining local self-government as his main feature, L. Stein took not land or territorial district but land property. As for the structure of local self-government bodies, L. Stein believed that any public association that performs the tasks of government should be a permanent, organized and recognized government. His organization should be similar to the state, which achieves the unity of free government. Thus, L. Stein, distinguishing between the competences of state bodies and self-government bodies, did not oppose them to each other, but believed that local self-government bodies could even cope better with “assigned cases” than the state authorities themselves. He considered the main feature of local selfgovernment not land or territorial district, but land ownership. At the same time, the basis of the election, from his point of view, is not ownership, but belonging to well-known corporations and paying taxes.
7
Lupenko, Igor Yu, and Tsyren S. Dondokov. "The Economic Basis of Local Self-Government as a Municipal Law Institution." State power and local self-government 1 (January 21, 2021): 49–52. http://dx.doi.org/10.18572/1813-1247-2021-1-49-52.
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The article analyzes the concept and elements of the economic basis of local self-government as a municipal law institution including provisions of laws and bylaws inter alia municipal ones regulating public relationships concerning exercising of owner’s authorities by a municipal institution in respect of the property in municipal ownership, local budget funds and property rights.
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Zimina, N. "MODERN REFORM OF LOCAL SELF-GOVERNMENT: POLITICAL ANALYSIS." TRANSBAIKAL STATE UNIVERSITY JOURNAL 28, no. 3 (2022): 57–62. http://dx.doi.org/10.21209/2227-9245-2022-28-3-57-62.
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The article is devoted to the current state of the problems of reforming local self-government and the direct relationship of political parties to the reform of local self-government in Russia. The subject of the article is the aspects of reforming local self-government in the vision of political parties. The purpose of the article is to study the essence of municipal reform in the party discourse devoted to the problems of constitutional reform of local government at the present stage of development of Russia. This article presents various methods, such as analysis, comparative method, which to a greater extent make it possible to define the conceptual apparatus, to conduct a comprehensive analysis of the current state of local self-government in Russia in the context of municipal reform. The reform of local self-government initiated in 2019 affected the essential constitutional foundations of local government that have existed since the adoption of the Constitution of Russia in 1993. In the new constitutional and legal realities, a qualitatively new model of local self-government in our country has been fixed: the place of local government in the vertical of state power, the territorial basis of local self-government, the structure of local self-government bodies and the procedure for institutionalization of local self-government bodies and officials has changed. The attitude of representatives of political parties to this municipal reform is quite polar, party members do not unequivocally assess the consequences of the reform of local government. The results of the study can be useful in conducting seminars for municipal employees and heads of municipalities, and the results of the article can also be applied in the work of members of political parties and their regional branches, whose members are members of legislative (representative) bodies of Russia and its subjects, in the course of legislative activity
9
Will, Martin. "Baron vom Stein, the Prussian Law on Municipal Government of 1808 and the Creation of the German Tradition of Participative Self-Government." Lex localis - Journal of Local Self-Government 6, no. 3 (September 2, 2009): 271–85. http://dx.doi.org/10.4335/55.
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Most European States have their own particular form and tradition of local self-government. The German concept of local self-government goes back to the Prussian reformer Baron vom Stein who introduced local self-government 200 years ago in Prussia by means of the Prussian Law on Municipal Government. In essence, the then promoted concept of self-government meant that citizens with voting powers had the right to elect a representative assembly which in turn formed a central legislative as well as an administrative organ duly representing the whole citizenship of the town. The fundamental principle of self-government was later transferred to other areas such as the self-government of trade and industry, the self-government of liberal professions or the self-government of universities. As self-government was applied to ever more fields, various scholars contributed to a general concept of self-government or self administration which can now be seen as one of the basic structural principles of the constitutional system of the Federal Republic of Germany.
Key words: • Prussian Law • municipial government • local self-government •constitutional system
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Manderscheid, Don J. "First Nations and Self-Government: A Matter of Trust." Canadian journal of law and society 22, no. 1 (April 2007): 109–21. http://dx.doi.org/10.1017/s0829320100009145.
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RésuméCet article analyse la relation fiduciaire, ou de trust, créée entre les membres d'un conseil de bande de Premières Nations et ceux de la bande. La discussion porte notamment sur le fait qu'en tant que forme gouvernementale locale, le conseil de bande est analogue à un conseil municipal, dans sa composition et son mode de fonctionnement. La nature et la portée respectives de cette relation fiduciaire sont étudiées en détail, tant pour le conseil de bande que le conseil municipal. Le concept de relation fiduciaire est important dans la mesure où le modèle municipal de gouvernement autonome semble être la voie choisie par les peuples des Premières Nations pour atteindre l'autonomie. L'auteur identifie toutefois des manquements statutaires d'une telle forme de gouvernement autonome qui n'arrive pas à reconnaître ni à tenir compte de cette relation fiduciaire, et qui compromettraient l'établissement d'un gouvernement autochtone autonome fonctionnel.
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Kravets, Anna. "Public law and municipal leadership and territorial public self-government: legal, institutional and communicative aspects." Право и политика, no. 3 (March 2021): 47–60. http://dx.doi.org/10.7256/2454-0706.2021.3.35377.
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This article reveals the public law concept of “leadership”, theoretical grounds of municipal leadership, its role within the system of municipal democracy and territorial public self-government from the perspective of integral legal understanding and a communicative approach towards law. The goal of this research consists in the analysis of conceptual and normative legal framework of the institutions of public law and municipal leadership, impact of the institution of leadership upon development of the forms of municipal democracy in the context of Russian and foreign experience, as well as peculiarities of the influence of the institution of public law leadership upon the forms of governance in territorial public self-government The subject of this research is the scientific views, normative legal framework of regulation, organizational practice of the institution of public law and municipal leadership in territorial public self-government in the context of functionality of the forms of municipal democracy. The article employs the formal legal and comparative analysis, methods of dialectics, municipal legal hermeneutics, communicative approach, and critical rationalism in legal studies, which allows viewing the municipal leadership as a complex interdisciplinary legal and administrative institution that assists the implementation of the forms of municipal democracy, and improves the effectiveness of the territorial self-government in cooperation with branches and officials of the local self-government. The following conclusions are made: the institution of public law leadership should be viewed as interdisciplinary, which incorporates the sphere of public law on the one hand, and the sphere of state and municipal administration on the other hand; the works of the Russian and foreign researchers indicate that the concepts of transformational leadership, leadership-service and adaptive leadership can be analytically applied to the institution of municipal leadership; it is necessary to improve the institution of public law and municipal leadership, and ensure new spheres of juridification of the requirements for the heads of territorial self-government on the federal and municipal levels.
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Ivanova, A. A., and N. I. Obukhova. "THE HISTORY OF MUNICIPAL REFORMS IN THE UDMURT REPUBLIC." Bulletin of Udmurt University. Series Economics and Law 30, no. 2 (April 23, 2020): 256–63. http://dx.doi.org/10.35634/2412-9593-2020-30-2-256-263.
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The article considers the main directions of municipal reforms carried out in the Udmurt Republic that are relevant for the modern organization of municipal management. The authors identify fundamental issues that need to be addressed in order to effectively organize the municipal government. The stages of municipal reform are considered in detail and specific examples are given. The authors focus on the need to consistently implement structural changes in local government. For an objective assessment of the situation in the Udmurt Republic, the following areas are considered: territorial organization of local self-government, formation of local self-government bodies, legal support for municipal reform, and others. The article examines the features and problems of municipal reform, taking into account historical and other conditions and factors. The authors put forward constructive proposals for effective organization of municipal administration.
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Arzumanyan, Misak. "Efficiency of Municipal Self-Government Bodies in the Kemerovo Region (Kuzbass)." Bulletin of Kemerovo State University. Series: Political, Sociological and Economic sciences 2021, no. 4 (January 12, 2022): 506–14. http://dx.doi.org/10.21603/2500-3372-2021-6-4-506-514.
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The author reviewed domestic and foreign publications that feature various methods of assessing the performance of municipal authorities, which is the most important criterion for determining the well-being of population. The article introduces an authentic method that relies on the analysis of performance indicators based on the predominance of the achieved values over the average converted values. The method makes it possible to quantify and interpret the level of the so-called "administrative rationality" of municipal self-government bodies. It converts the values of indicators into coefficients (dominance and achievement), elements, and integral values of efficiency. The transformed values are then systematized in the context of economy (assets, budget, wages, etc.) and social components (transport accessibility, land, population, housing, communal services, etc.). A comparative analysis determined the following effective municipal districts of the Kemerovo region: Prokopyevsk, Kemerovo, Novokuznetsk, Yaya, Leninsk-Kuznetsky, and Izhmorka. The new method provides a transparent and objective assessment of municipal management.
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Nogalieva, Marina Khalitovna, and Shamil Khyisaevich Chomaev. "HOW «INVIOLABLE» ARE MUNICIPAL DEPUTY." Chronos 7, no. 1(63) (January 13, 2022): 4–6. http://dx.doi.org/10.52013/2658-7556-63-1-1.
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Khvan, R. M. "SUBJECT COMPOSITION OF THE MUNICIPAL LEGAL POLICY OF UKRAINE." Соціальний Калейдоскоп 1, no. 4 (August 20, 2020): 57–66. http://dx.doi.org/10.47567/bomivit.1-4.2020.05.
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The article examines the essence of municipal legal policy as a system of strategic management of self-governing activities. It is determined that the activity of voluntary associations of local self-government bodies as subjects of state municipal policy is one of the manifestations and forms of organizational independence of local self-government bodies in the implementation of the paradigm of regional interest. This independence is guaranteed by the Constitution of Ukraine, the European Charter of Local Self- Government, the laws of Ukraine "On Local Self-Government in Ukraine" and "On Associations of Local Self-Government Bodies". The essence and peculiarities of local self- government subjects, their separate categories, regularities and tendencies of development are investigated. It is emphasized that territorial communities directly or indirectly, their authorities, non-governmental organizations exercise their legal personality both within the state and abroad. It is determined that territorial communities are endowed with: the right to form relevant bodies through elections, general meetings of citizens at the place of residence; the right to hold local referendums, local initiatives, public hearings, individual and collective appeals, public examinations and discussions, other forms of local democracy not prohibited by the constitution; the right to manage local budgets, movable and immovable property of communal property; the right to conclude international agreements of profile orientation, etc. It is noted that the transition to the formation of municipal legal policy requires a radical overhaul of the entire ideology of local government, management technologies, decision-making practices and resource allocation. Prospects for the functioning and improvement of the status of local self- government entities have been identified.
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Bondarenko, O. "MUNICIPAL SELF-GOVERNMENT OF DNIPRO UKRAINE OF THE LAST QUARTER OF 18th – EARLY 20th CENTURY IN THE HISTORICAL DISCOURSE OF THE EMPIRE ERA." Bulletin of Taras Shevchenko National University of Kyiv. History, no. 145 (2020): 16–21. http://dx.doi.org/10.17721/1728-2640.2020.145.3.
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The extent of scientific development of the history of municipal self-government in Dnipro Ukraine of the last quarter of the 18th – early 20th century has been analyzed. An essential condition for the establishment of civil society in Ukraine is effective local self-government. Municipal self-government plays a key role as one of its subjects in today's urban world. It has been determined that the historiography of this problem is represented by a considerable historiographic massif. During the imperial era, many scientific and popular educational works of local, reference and historical, and journalistic nature were accumulated. They presented the problems of the history of municipal self-government with different levels of completeness. It was found out that in the centre of attention of scientists, first of all historians and jurists, were various issues of history of creation, formation and activity of municipal self-government, reasons of changes of legislative acts concerning self-governing institutions, relations of municipal government with state authorities, the main of which were in the sphere of power distribution. It was found that a specific feature of the first chronological stage was the dominance of the formal legal approach and a constricted source base of research. That did not allow authors to go beyond comments and descriptions of legislative acts. A characteristic feature of the research approach of the authors of works on the history of municipal self-government of the second and third stages is, firstly, the predominance of legal and specific-historical approaches to the coverage of the topic. Secondly, there was certain ambiguity and fuzziness of conceptual and categorical apparatus which conditioned insufficient depth of theoretical analysis of the problem. At the same time, scholars of the imperial era laid a solid scientific foundation for the study of this institution by modern authors.
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Raginytė, Elena, and Narimantas Kazimieras Paliulis. "E-GOVERNMENT IN LITHUANIA – LOCAL SELF-GOVERNMENT LAYER." Business, Management and Education 8, no. 1 (December 20, 2010): 214–28. http://dx.doi.org/10.3846/bme.2010.15.
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Lithuanian public e-services at the level of municipalities are lagging behind the level of the central authorities. This is due to many factors, which leads to a slight lack of good position. A large proportion of the municipal authorities do not have e-service development strategies, or governing documents by the activities of the virtual space. It should be noted that this situation is in the part of central authorities too. This leads to the situation that the strategy aims are not fully realized. Although individual government institutions have been successful and effectively developing e-services, e.g. the State Tax Inspectorate is at the fifth level of public service. In order to improve the needs of society and citizens, a public service list was formed, whose services should be transferred as soon as possible to the virtual space, and provided with the levels of public e-services. The implementation of established goals can expect significant improvement in this area. Important, but still weak-moved to the virtual space of the public service areas is the environmental area. There has been no public e-service concept of environmental area in Lithuania yet. The article describes models of public e-services in the field of waste management.
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Shugrina, E. "Economic basis of local self-government: legal analysis." Law Enforcement Review 2, no. 3 (December 25, 2018): 89–109. http://dx.doi.org/10.24147/2542-1514.2018.2(3).89-109.
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The subject. The concept and elements of the economic basis of local self-government are discussed in the paper in the context of different laws on local self-government.The purpose of the paper is to identify the main ways of increasing the economic basis of municipalities.The methodology of paper includes the formal logical interpretation of Russian legislation and systematization of the court practice that concerns economical issues of local self-government as well as analysis and synthesis of statistics data of the Ministry of Justice of Rus-sia and the Ministry of Finance of Russia.The main results and scope of their application. The features of municipal property and local budgets are consistently considered. The property base of the municipality should be analyzed through the scope of it’s adequacy for the implementation of the relevant functions, including for the performance of public obligations. The profile of municipal assets and their purpose should play the minor role. The instruments of property management used by local governments (like attracting private investment) are also important. The sources of revenues and expenditures of the local budget are important not as themselves in absolute terms, but in the context of the ratio with the volume of competency that is assigned to local governments. The improvement of control and supervisory activities is a resource for improving the economic basis of local self-government. The proposed qualitative analysis the economic basis of local self-government may inspire new researches in the field of municipal law.Conclusions. The formation of the economic basis of local self-government is a complex complex process, closely related to the legal, territorial, organizational and competence bases of local self-government and it is determined by legislation and law enforcement practice.
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Fedorova, Olesya V. "Dualism of the Legal Nature of Local Self-Government Within the Framework of the Constitutional Reform of the Russian Federation (on the Example of Local Self-Government in Novosibirsk)." State power and local self-government 1 (January 21, 2021): 22–25. http://dx.doi.org/10.18572/1813-1247-2021-1-22-25.
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The Constitution of the Russian Federation this year includes the legal structure “unified system of public power”, which includes local self-government bodies in addition to state authorities. This article examines the duality of the legal nature of local self-government, on the example of the city of Novosibirsk, analyzes the essence of local self-government as a public authority of a municipal formation and as an institution of civil society; justifies the need for local selfgovernment bodies to have power, imperative powers. The article examines the legal and organizational basis for the right of the population of the city of Novosibirsk to participate in the management of municipal Affairs, to resolve issues of local significance through the implementation of civil initiatives. The article analyzes such forms of direct democracy as instructions from voters to deputies, appeals from citizens to local self-government bodies, participation of citizens in sessions of a representative body of a municipal formation, as well as such forms of public authority by local selfgovernment bodies as municipal control, and bringing guilty persons to administrative responsibility for committing an offense by administrative commissions of a municipal formation.
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Mironova, Nina. "Intermunicipal Cooperation in Russia, Municipal Associations and Local Self-Government." Journal of Political Theory, Political Philosophy and Sociology of Politics Politeia 34, no. 3 (2004): 98–108. http://dx.doi.org/10.30570/2078-5089-2004-34-3-98-108.
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Peshin, Nikolay L. "PUBLIC CONTROL IN THE SYSTEM OF LOCAL SELF-GOVERNMENT: BASES AND FEATURES." RUDN Journal of Law 23, no. 3 (December 15, 2019): 311–32. http://dx.doi.org/10.22363/2313-2337-2019-23-3-311-332.
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Legal regulation of issues of public control and supervision is one of the problems of legal theory and practice. Underestimating of the place and features of municipal control in the system of public control and supervision is the cause of the poor quality of legal decisions taken, as well as legislation adopted at the level of both the Russian Federation and individual constituent entities of the Russian Federation. Municipal control in the system of public control and supervision, developing recommendations aimed at overcoming the shortcomings of legal regulation and practice of implementing municipal control. Methods: general and private scientific methods of cognition of objective reality (analysis, synthesis, abstraction, analogy, comparative legal, formal legal, and other methods of scientific cognition). The article deals with issues of relationship between state and municipal (public) control carried out by local self-government bodies - as a rule, due to the need to solve tasks that fall within the competence of state power. The problems of its independent implementation are studied based on the principles of local self-government - self-organization and self-control. A detailed analysis of the current legislation, allowing local governments to act as “controlling agents” of state power, is conducted, and based on this analysis, conclusions are made about the existing of municipal public control in the system of local self-government as a specific public phenomenon combining elements of public law and private law regulation. As a state, the Russian Federation is faced with the task of drastically improving the system of control (supervision) as a function of public power, and therefore the already initiated legal reform in this area will undoubtedly continue. In the context of the development of civil society and an open state, the development of forms of public control is also necessary, the lack of which creates a sense of “permissiveness” among the subjects of public power and inevitably leads to a decrease in the efficiency of public authority. Municipal public control within the framework of this system of public-state control should be oriented, including intra-system, at identifying deficiencies in the work of the bodies and officials of local self-government that impede the improvement of the quality of management and organizations. As a result, municipal public control should contribute to a safer for citizens to work and provide services to individuals and legal entities. Sphere of constitutional, administrative and municipal law; questions of the organization of state power and local self-government in the subjects of the Russian Federation; questions of control and supervisory activities. Separate existence of municipal authority does not mean the lack of interaction of local selfgovernment with state administration, non-coincidence of municipal formations under the influence of state-governmental structures, denial of influence of state on local self-government. State power has a significant impact on development of basic social processes predetermining the peculiarities of the implementation of public control by the municipal government. The implementation of supervisory activities, including at the local government level, is an important part of the stable, uninterrupted functioning of the state.
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Khvan, R. M. "INTERNATIONAL LEGAL FUNDAMENTALS OF MUNICIPAL REFORM IN UKRAINE." Соціальний Калейдоскоп 2, no. 5 (February 10, 2021): 17–29. http://dx.doi.org/10.47567/bomivit.2-5.2021.02.
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The article examines the formation and development of local self-government of the Ukrainian state and their compliance with European legal standards of local democracy. It was revealed that at present the development of the Ukrainian state is impossible without the functioning of an effective institution of local self-government as an integral element of civil society and the rule of law. It has been established that the completion of the long- term reform of local self-government, taking into account the European legal standards of local self-government, will make it possible to speak about the establishment of a real civil society and a rule of law in Ukraine.
It is noted that recently the constitutional principles of local self-government have begun to lag behind the real state of existence and functioning of this subsystem of public power. And this, in turn, leads to the inhibition of its further progressive development and improvement. Moreover, the current post-Soviet model of local self-government in Ukraine is characterized by internal contradictions: on the one hand, a combination of organizational and legal forms inherited from Soviet times with models formed during modern Ukrainian statehood; on the other hand, the latest models of public administration at the territorial level unsystematically combine borrowing from several, sometimes directly opposite, Western models of administrative structure.
It is noted that the perception of foreign experience, especially in the field of rule- making and rule-making, is quite a difficult task, because here it is necessary to introduce into the legal system of one state, through appropriate borrowing mechanisms, the legal norms of another state. of these, will lead to legal and administrative conflicts. It is noted that the use of European legal standards for building local self-government in Ukraine should become the basis and standard for the practical implementation of a systemic set of reforms in the management system at the local and regional level.
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Asquin, Nicholas. "The District of Sechelt, British Columbia and the Municipal System of Aboriginal Self-Government." Political Science Undergraduate Review 1, no. 2 (February 15, 2016): 80–86. http://dx.doi.org/10.29173/psur22.
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The purpose of this paper was, in exploring the details of the Sechelt Indian Band Self-Government Act and the powers it entails, to ascertain whether or not the Municipal Model represents a viable and successful option toward Aboriginal self-government. In this paper I examined the extent to which certain key provisions of the Sechelt Act align with the traditional goals of Aboriginal self-government to gauge its usefulness to Aboriginal groups. I performed this by first exploring the concept of Right and Title, its implications and the resulting powers which self-governing bands must possess to satisfy the provisions of Right and Title. I then used these criteria to establish a basic ‘report card’ against which the Municipal Model’s efficacy can be gauged through comparison with the provisions of the Sechelt Act. I found that not only does the Sechelt Act satisfy all vital criteria for an effective selfgovernment agreement, but that the Municipal Model name is itself a misnomer for a far wider package of rights and responsibilities than those given to municipalities. I conclude that the Sechelt Indian Band Self- Government Act is a highly effective iteration of the Municipal Model, contrary to criticism, and that the model’s success merits consideration as a viable Aboriginal self-government solution for future cases.
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Klarić, Mirko. "Decentralization and Sub-Municipal Government in South- Eastern European Countries." Zbornik radova Pravnog fakulteta u Splitu 58, no. 4 (2021): 1035–53. http://dx.doi.org/10.31141/zrpfs.2021.58.142.1035.
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True this paper it would be analyzed sub-municipal government as a organizational form of local governance with comparative perspective, and elements which generally formed sub-municipal government as a tools for delivery of local public services and managing of local initiatives which are important for the local community. These two roles are crucial for understanding of dynamic in sub-municipal government. Special focus would be held on sub-municipal government in South- Eastern European countries, which they have a common history and institutional framework, with the main question: how can sub-municipal government contribute to strengthening of decentralization and democratic processes in the local community directly and, indirectly in whole society. Self-government systems which are highly decentralized usually have developed sub-municipal government. On the other side, in centralized countries sub-municipal government usually has reduced role which is connected with managing of public tasks connected with local community needs. The main question is how sub-municipal government can improve decentralization, and how those efforts at the end of the day contribute to better development of whole society.
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Мішина, Наталія. "UKRAINIAN MUNICIPAL REFORM: CONSTITUTIONAL BASIS." Constitutional and legal academic studies, no. 3 (May 12, 2021): 85–91. http://dx.doi.org/10.24144/2663-5399.2020.3.09.
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The purpose of the article is a teleological and formal analysis of the related to municipal reform constitutional-conceptual documents approved by public authorities. This topic is relevant to the contemporary urgent constitutional problems, because at the beginning of 2020 President of Ukraine announced his plans to initiate changes to the Constitution 1996 about the local government.
The main methods of the research include classical legal science methods. The author uses formal analysis, synthase, inductive and deductive approach to the problems, covered by the article. While looking at the text of Ukrainian Basic Law 1996 and other documents, the author uses the most common methods of legal interpretation (original intention method, purposivism and other).
Results. The author analyzes the constitutional basis of the ongoing Ukrainian municipal reform, that was launched in 1998. Since that time, the Head of the Ukrainian state (President), the Parliament of Ukraine (Verkhovna Rada of Ukraine) and the Government of Ukraine (Cabinet of Ministers of Ukraine) participated in the regulation of this reform. Their actions can’t be characterized as concerted, that is why the biggest part of the documents aim the same results (efficient local self-government according to the European municipal standard and best foreign practices). But the ways of reaching this result differs a lot – it might be revision of the administrative-territorial division, it might be decentralization of the public power, it might be deconcentrating of the local self-government bodies’ competence.
Conclusion. The author recommends, firstly, to revise the concepts of the local self-government reform in Ukraine – as some of the documents, that are really out-of-the-date, should be cancelled. Secondly, all of the existed documents should be analyzed, and in case if there is some interesting and perspective proposal – it can be included to the last version of the Municipal Reform Concept. Thirdly, like the last Concept, they should include not only actions, but actions accompanied by the timeline.
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Larichev, A. "The specifics of the corporate model of local self-government and the divergence of modern approaches to self-government at the local level in the Commonwealth countries." Law Enforcement Review 2, no. 4 (December 28, 2018): 86–97. http://dx.doi.org/10.24147/2542-1514.2018.2(4).86-97.
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The subject of the article is models of local self-government in Commonwealth countries.The purpose of this article is to substantiate or refute the hypothesis post-corporate model of local self-government is evolved.Methods of theoretical analysis are used, as well as legal methods, including the formal legal method and the method of comparative law.The main results and scope of their application. The corporate model of local government can be characterized by the following features: the lack of full constitutional recognition of local government as an independent form of public authority; formal institutional autonomy of municipal units as public (private-public) corporations of a special type that are not included into the system of state power; limited functional autonomy; lack of constitutional recognition of citizens’ or local communities’ right(s) to local self-government; limited accountability of local governments to the population, including the lack of sufficient legislative guarantees for the election of local authorities. These characteristics, grounded also in the historical specificity of local government development in Great Britain and its colonies, as well as in peculiarities of development of municipal units’ status in English law, are determined by the corporate character of municipal government, which does not arise from the power of communities, but is formed by the state "from above". The author also analyzes the differences in approaches to regulation and organization of local government in the Commonwealth countries.Overcoming the historical heritage, laid by the genesis of municipal corporations, in a number of Commonwealth states, indicates the formation of a new, post-corporate model of local government, which can be characterized by some features: the establishment of constitutional autonomy of local government as a special form of public power, its development as a form of democracy with greater control over the forms of self-government and governance at the local level by the population, as well as the establishment of a link between self-government and the local community. The proposed analysis may become a crucial point for future research in the field of post-corporate model of local self-government.Conclusions. Such countries as Australia and Ireland can presently be considered in a state of transition to the post-corporate model of local self-government.
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Васильев, Всеволод, and Vsevolod Vasilev. "On Certain Notions of Municipal Law." Journal of Russian Law 1, no. 12 (November 14, 2013): 46–56. http://dx.doi.org/10.12737/1547.
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Babun, R. V. "Local Self-Government in Russia: A New Stage of Municipal Development." Russian Social Science Review 61, no. 6 (November 1, 2020): 494–507. http://dx.doi.org/10.1080/10611428.2020.1852038.
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Astakhov, Yury V., Nikolay S. Danakin, and Margarita S. Veselova. "ACTUAL PROBLEMS OF DEVELOPMENT OF HUMAN RESOURCES OF LOCAL SELF-GOVERNMENT BODIES." Scientific Review. Series 2. Human sciences, no. 6 (2020): 78–86. http://dx.doi.org/10.26653/2076-4685-2020-6-06.
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The article discusses some aspects of staffing sustainable development of the municipal formation. The article presents the results of a sociological study of human resources, qualitative and quantitative characteristics of municipal employees. It is emphasized that the staffing of sustainable development is the aggregate ability of the population to ensure the strategic socio-economic development of the municipality on the basis of the practical implementation of the professional activity of human resources and is one of the determining factors and the most important resource for sustainable socio-economic development.
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Sologub, Vladimir A., and Irina A. Hasheva. "DEVELOPMENT OF LOCAL GOVERNMENT AS AN ALTERNATIVE TO HYPER CONCENTRATION OF THE POWER IN RUSSIA." CBU International Conference Proceedings 6 (September 27, 2018): 773–81. http://dx.doi.org/10.12955/cbup.v6.1248.
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Local self-government existed throughout the history of Russia, regardless of the successive forms of government. Despite some transformations in the municipal sphere, certain objectives of Russia’s municipal reform have not been realized. This article describes the reasons for permanent reform of local government in the plane of standard and legal character, the financial and economic limitations of the municipality, and the low activity of self-organization of citizens. Moreover, authors provide the results of a public poll regarding the reform of the local self-government and give an assessment of the results of the reforms undertaken and define the existing problems and prospects of developing local government as objectives of this research. Authors concluded that the existing system of local self-government needs modernization and should be based on certain strategy and tactics involving historical approach and analysis of current socioeconomic conditions for future progress.
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Balcerek-Kosiarz, Marta. "Nowy kierunek badań ewolucji modeli samorządu terytorialnego w Niemczech z perspektywy procesu komunalizacji i dekomunalizacji." Polityka i Społeczeństwo 18, no. 2 (2020): 91–110. http://dx.doi.org/10.15584/polispol.2020.2.7.
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The aim of the article is to indicate a new direction of research on the evolution of system models of local self-government in Germany in the perspective of communalization and de-communalization. Communalization can be used to explain legal regulations of a local government, which are similar to the South German model and, on the other hand, to explain how analogous regulations that strengthen the role of the legislative body, both in the municipal self-government and in the county self-government, function in the same federal states. De-communalization enables to investigate the role of starosta (Starost) in the organizational structure of county self-government. The core result of the study is the fact that on the basis of the three research criteria (geographic, historic, and the range of relations between legislative and executive bodies) the process of communalization of municipal self-governments and county self-governments in 11 federal states has been duly corroborated.
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Kambič, Marko. "Self-government and Autonomy of Statutory Municipalities in the Light of Historical Sources for the »Provincial Capital of Ljubljana«." Lex localis - Journal of Local Self-Government 6, no. 4 (September 4, 2009): 459–74. http://dx.doi.org/10.4335/62.
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Today, a municipality is automatically considered as a basic local self-governing (and autonomous) community. Nevertheless, we need to keep in mind that the contemporary understanding of the municipality and its regulations are the fruit of the long development that - in Central Europe - began over 150 years ago as the foundations for modern regulations were laid. This paper briefly illustrates the draft and legal bases for the modern concept of municipal administration. It focuses on the legal position of the most important statutory municipalities in the Habsburg Monarchy at which it uses the town of Ljubljana as an example. The paper also deals with the important issue of the relationship between the institutions of self-government and autonomy. Based on the analysis of the historical legal sources, it shows that local autonomy should not be equated, as is often the case, with the concept of local self-government. It further maintains that the old Austrian municipalities were at least formally autonomous and that their autonomy was limited in the interest of the state. On the basis of archive sources for Ljubljana, it ascertains that the municipality was autonomous only as far as it could choose the moment and mode of regulating certain municipal affairs and as far as it could take into account local specifics in adopting the norms, which proved to be quite sufficient under the given circumstances. Namely, the municipal autonomy was one of the factors that significantly contributed to the rise in the standard of living for the inhabitants of Ljubljana at the end of the 19th century. Last but not least, it also contributed to the victory in the struggle for the Slovenian national rights.
Key words: • municipality • statutory municipality • town • local government • self-government • autonomy • municipal self-government • municipal autonomy • independent sphere of activity • delegated sphere of activity • town charter • Austrian Monarchy • Ljubljana • Slovenia
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Oliinyk, V. S., and M. M. Rebkalo. "Theoretical principles of organization of local government and local self-governanment in foreign countries and in Ukraine." ScientifiScientific Herald of Sivershchyna. Series: Law 2021, no. 2 (October 5, 2021): 21–32. http://dx.doi.org/10.32755/sjlaw.2021.02.021.
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In its modern form, local government and local self-government were formed as a result of constitutional and municipal reforms of the late eighteenth – early nineteenth century. Their formation and development have historically been associated with the process of transition from feudal organization to industrial society. The stronghold of the bourgeoisie were the cities that fought for independence in the management of local affairs. Medieval cities with their administrative, financial and judicial privileges, practically, carried in themselves “embryos of municipalism”. This was expressed, first of all, in the requirements of giving independence to communities and larger historically formed territorial communities. The free community was the leitmotif of the concept of municipal autonomy in Europe. According to many authors, from the middle of the XIX century local government of this kind began to be called local self-government. The public-state concept of self-government is optimal for Ukraine. First, it ensures the formation of a system of local self-government as an institution of civil society. Secondly, such a model contributes to the active involvement of local governments in the implementation of functions and tasks of public administration. The theory of social functions of municipal government has the greatest influence on the practice of local self-government at the present stage of state development. According to it, local governments are social services that are able to meet the interests of all segments of the population. As representatives of the socially useful, non-political activities of the state, local governments are in partnership with him on the basis of mutual benefit and receive financial assistance in response to increased costs. Local self-government naturally depends on the state, in fact acts as a guiding and controlling authority. Local self-government as a somewhat independent institution of civil society is a necessary element of the mechanism for smoothing political differences between the legislative and executive branches of government. Its further development is a prerequisite for the democratization of public administration and the functioning of the political system, which is the basis for the full development of the state. After all, developed local self-government testifies to democratic public administration and ensuring the constitutional principle of state control over citizens. Key words: local government; Anglo-Saxon model of local self-government; continental model of local self-government; local (communal system) self-government of Germany; the Iberian model of local self-government; Soviet model of local self-government; public-state concept.
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SOLOVEV, Sergey Gennadevich, Vladimir Ivanovich MAYOROV, and Andrey Yuryevich PETROV. "Legal Construction of the ‘Municipal Filter’ for Developing Local Self-Government in Russia." Journal of Advanced Research in Law and Economics 9, no. 5 (June 11, 2019): 1771. http://dx.doi.org/10.14505//jarle.v9.5(35).32.
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This article analyzes the potential of the legal structure supporting municipal candidates for the post of a governor of some federal subject of the Russian Federation (known as the ‘municipal filter’) for the development of the Russian local self-government. The authors consider the key theoretical and practical problems associated with substantive and procedural aspects of the existing support mechanism of candidates for the post of the highest official of a federal subject of the Russian Federation. The authors also propose a set of legal measures aimed at improving the legal structure under study.
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Solovev, Sergey, Olga Pastukhova, and Elena Sumina. "Counter-majoritarian mechanisms in local self-government: a view from Russia." Cuestiones Políticas 39, no. 70 (October 10, 2021): 933–41. http://dx.doi.org/10.46398/cuestpol.3970.57.
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Through a documentary methodology, the article analyzes the main theoretical, practical, and problematic legal issues related to the functioning of the counter-majority mechanisms existing in the Russian local self-government system. The study proposes a set of legal measures aimed at improving the content of existing counter-majoritarian legal structures and seeks at the same time to introduce new ones to bring Russian municipal legislation into place to bring Russian municipal legislation into place. It is concluded that the thesis of the system of tyranny of the majority (majority democracy) at the local level cannot be recognized as a democratic and stable legal structure for the application of local self-government. Around the world, there is a fairly long process of replacing the concept of majority democracy with the concept of participatory democracy that involves the interaction of all population groups and the search for compromises between different social communities, through a balance of respect and recognition of memories of all kinds.
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Fostikova, V. "DEVELOPMENT OF PERSONNEL POTENTIAL IN LOCAL AUTHORITIES." Bulletin of Taras Shevchenko National University of Kyiv. Public Administration 10, no. 1 (2018): 43–47. http://dx.doi.org/10.17721/2616-9193.2018/10-9/12.
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The purpose of the article is to develop and approve social mechanisms for the development of human resources capacity of local authorities in Ukraine. The content of the concept "human resources potential of local governments" is revealed, a meaningful complex model of personnel potential of local self-government bodies is developed. It was revealed that the development of the personnel potential of the municipal service is impossible without identifying the potential of the personnel reserve by activating public activity and interaction with the population, forming the professional staff of local government officials and developing representative local authorities. The social mechanisms of development of the personnel potential of local self-government bodies were elucidated and presented, which provided the solution of a number of practical tasks for establishing a constructive dialogue with the population, the development of the institution of public control in the field, the formation of a single register of municipal servants, etc. The results of the study can be used in the practice of forming the personnel potential of the municipal education to ensure the effective functioning of the institution of local self-government in Ukraine. The provisions and conclusions of the study contribute to optimizing the social management of the personnel capacity of the municipal service.
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Mischenko, V. V., V. G. Lyakisheva, and V. V. Yudina. "ON THE IMPLEMENTATION OF THE EXPERIENCE OF THE REGIONS OF RUSSIA IN CREATING MUNICIPAL DISTRICTS IN THE ADMINISTRATIVE AND TERRITORIAL STRUCTURE OF THE ALTAI REGION." Economics Profession Business, no. 4 (December 10, 2020): 81–89. http://dx.doi.org/10.14258/epb2019104.
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The topic of improving the system of state and municipal administration is always relevant. In 2020, the importance of reforming local self-government was emphasized during the discussion of amendments to the Constitution of the Russian Federation.
Among the numerous changes regularly introduced to the basic federal law governing the organization of local self-government in Russia are the radical amendments of May 2014 and 2019 in terms of its territorial foundations. A number of regions have quite successfully switched to a single-tier system of local self-government, having completely eliminated the settlement level, or to a mixed one, when municipal districts with their rural settlements remain within the boundaries of the region, and as a result of the transformations of a number of districts and settlements, new municipal districts are created, or this occurs when urban districts are given the status of municipal ones.
The authors made an attempt to systematize the experience of the regions that have already created municipal districts, and to project it onto the territory of the Altai Territory. In the course of the study, a number of legal, organizational, socio-economic aspects of the reform were analyzed, recommendations were developed to adapt both the authorities and the population to the upcoming transformations.
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Mihalik, Jaroslav, and Daniel Klimovský. "Decentralization of Educational System and its Impact on Local Self-Government in Slovakia." Lex localis - Journal of Local Self-Government 12, no. 3 (July 9, 2014): 467–80. http://dx.doi.org/10.4335/12.3.467-480(2014).
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The decentralization of the state public administration was announced in spite of the EU integration process as well as the reform of the state public administration that proved the necessity of transforming and transferring the competences and finances to the subnational levels of governance. From this principle, among others, the regional and municipal administration of education sector evolved in Slovakia. This article aims to study the decentralization development with the particular impact on local self-government and regional school system. The authors argue about the potential threats of school decentralization and challenges that the system of regional and municipal schools brings.
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Zlotkovskij, Vladimir I. "The municipal elections in the Krasnoyarsk Territory in 2005-2020 as reflected in a socio-political analysis." Siberian Socium 5, no. 2 (2021): 78–91. http://dx.doi.org/10.21684/2587-8484-2021-5-2-78-91.
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The relevance of the research topic is due to the important role that local self-government bodies play in people’s lives: according to experts, 70-80% of everyday life issues that concern most people on a daily basis are solved at the local level. Therefore, the search for an optimal model of organizing the local self-government and relationships between local and regional authorities are still urgent tasks for our country. The purpose of this article is to trace how the implemented models of the organization of local self-government, which provide for indirect elections of heads of local self-government, affect the formation of local authorities and whether it was possible to bring the municipal authorities closer to the population. This goal is realized by analyzing the results of four municipal elections in the Krasnoyarsk Territory held in 2005, 2010, 2015, and 2020. The 3rd model of the organization of local self-government is already applied for the specified time. The methods used include a sociological survey of the population and the analysis of electoral statistics and mass media. The results allowed making the following conclusions. First off all, a system of government has been created at the municipal level, characterized by stability, continuity, and manageability, in which the United Russia party plays a dominant role. At the same time, the results of the last election highlighted the shortcomings of this system. Secondly, the transition to indirect elections of heads of municipalities did not lead to the creation of an effective mechanism for selecting the most worthy local leaders. Third, the steadily declining electoral activity of citizens in municipal elections: 62.4% (2005); 39.6% (2010); 29.6% (2015); 24.6% (2020), and the number of supporters of the “party of power” reduce the legitimacy of local governments. Fourthly, citizens are beginning to place responsibility for the situation on the ground on regional authorities.
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Turovsky, Rostislav F., and Oksana S. Vaselenko. "Current State and Prospects of Development of Municipal Self-Government in Big Cities." REGIONOLOGY 27, no. 1 (March 29, 2019): 100–121. http://dx.doi.org/10.15507/2413-1407.106.027.201901.100-121.
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Introduction. The article is devoted to the issue of identifying the general and specific features of arrangement of local self-government in big cities. This issue is relevant both for the theoretical understanding of the activities of local authorities in city districts, and for improving the system of local self-government in megalopolises. Materials and Methods. The study used publicly accessible information and scientific literature on countries and cities with the most pronounced models and approaches to the arrangement of local self-government. The authors adopted the comparative method of research and analyzed the regulatory framework of the selected countries and cities in terms of the arrangement of local self-government as well as the administrative and territorial division. Results. A number of foreign models of municipal self-government in large cities have been considered. The analysis of the selected cases (including those of major cities in Europe, America and Asia) has demonstrated the similarity of certain tendencies inherent in both Russian and foreign megalopolises. A trend has been revealed towards the centralization of powers at the city level of administration as a result of the delegation or alienation of resources from the district municipalities. Discussion and Conclusion. The foreign experience of arrangement of local self-government in the territories within cities demonstrates that the determining factor for the models of municipal self-government in megalopolises is the balance between the representation of intracity municipalities at the city level and their autonomy, and not the influence of the legal system or political regime. The results of the research can be used when studying the political subjectivity of city districts. Further research will help develop a conceptual framework for the political analysis of the district-level municipalities.
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Khubaeva, D. F. "ABSENTEEISM IN MUNICIPAL ELECTIONS IN THE RUSSIAN FEDERATION." Juridical Journal of Samara University 6, no. 3 (September 28, 2020): 133–38. http://dx.doi.org/10.18287/2542-047x-2020-6-3-133-138.
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The article examines the main subjective and objective causes of absenteeism at the local level. The author emphasizes that the local level of public power is the most accessible, understandable and close to the majority of the population. And it is on this basis that the use of institutions of direct democracy allows us to overcome the alienation of citizens from power. Based on the analysis of current trends in the legal regulation of the electoral process, namely, legislation on the formation of local self-government bodies, the author comes to the conclusion that these regulations contradict the goals of local self-government, one of which is to bring the local government closer to the population. The question is raised about the relationship of turnout indicators to legitimacy. The paper examines the specific reasons for citizens ' reluctance to participate in elections and considers possible ways to overcome them. Much attention is paid to the need to introduce innovative voting technologies.
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Konysheva, Elena Georgievna. "The mechanism for ensuring a balanced model of local self-government as a necessary condition for municipal development." SHS Web of Conferences 118 (2021): 03021. http://dx.doi.org/10.1051/shsconf/202111803021.
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The purpose of the study is the development of theoretical recommendations for a new concept of municipal power and local self-government in the Russian Federation. The objectives of the study are to consider the relationship of the legal foundations of local self-government with the historical forms of local self-government and government, and to study the comparative legal characteristics of conceptual approaches to foreign and domestic models of local self-government. The methodological basis of the research includes analysis, synthesis, induction, deduction, generalization, concrete historical, comparative legal, formal legal and statistical methods. Within the framework of the study, attention is focused on the recently published works of Russian and foreign scientists, statistical data are provided. According to the results of the study, modern organizational models of local self-government are formed with consideration to the needs of multi-level public administration, which presupposes the functional involvement of local self-government bodies in the state executive power system and their responsibility for the implementation of public powers. The scientific novelty of the study lies in obtaining theoretical conclusions that a necessary condition for further municipal development in Russia is the creation of an effective mechanism for reconciling the interests of local communities with state interests, the absence of which leads to an excessive strengthening of state or social principles and a violation of a balanced model of local self-government.
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Sukhonos, V. V. "STATUS OF THE STATE THEORY OF LOCAL SELF-GOVERNMENT IN THE WORLD DOCTRINE OF MUNICIPAL LAW." Legal horizons 33, no. 20 (2020): 35–41. http://dx.doi.org/10.21272/legalhorizons.2020.i20.p35.
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Representatives of the “free community” theory were among the first to draw attention to the issues of local self-government. In the early nineteenth century. Treasury, ie government officials, was responsible for the affairs and property of the communities. As a result, the community economy has been virtually destroyed to nothing. Therefore, there is a need for scientific substantiation of the need to limit the intervention of central executive bodies in the public system of the economy. This task was intended to be solved by the theory of “free community”, which argued that the right of the community to settle its affairs has the same inalienable character as human rights and freedoms since the community has historically emerged before a state that should respect the freedom of public administration. At the same time, the idea of the inalienability of community rights was sufficiently vulnerable, because, on the one hand, to justify the inalienability of the rights of large territorial self-governing units (departments, provinces, lands, or regions) created by the state was rather difficult and, on the other, to deny them. other types of self-government, except for small rural and urban communities, was rather strange because it did not correspond to the real state of affairs. That is why the social theory of self-government is beginning to emerge, which, as characteristic features of local self-government, has advanced the non-state and usually economic nature of the activity of local self-government bodies. However, the practice has proved that self-government bodies exercise not only private-legal but also public functions, that is, those that are inherent to public authorities, which derive their powers from the state. In addition, the impossibility of clearly separating community affairs from state affairs entrusted to the community was clarified. That is why the state theory of self-government arises. The basic principle of all legal theories was the recognition of the community, county, city, province, in general, any self-governing local union, as a body of public law. At the same time, all representatives of legal theories recognized that the competence of local self-government bodies is not their independent function, it is a state function, that is, transferred by the state to be performed by independent local communities. Therefore, all cases that are administered by local governments are state affairs. The state government itself sets the limits of its competence, entrusting part of its affairs to local self-governing communities and recognizing them as independent public-law corporations. Local self-government bodies, although performing public duties, are not bodies of the state but of independent self-governing unions of communities, possessing the will and independence of the state and independent entities of public law, independent of the will of the state power, because the power itself wants to make them legally independent. Keywords: local self-government; state theory of local self-government; the theory of «free community»; public theory of self-government.
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Czechowski, Paweł. "Kształtowanie się pojęcia mienia komunalnego samorządu terytorialnego stopnia podstawowego." Studia Iuridica, no. 85 (March 15, 2021): 26–39. http://dx.doi.org/10.31338/2544-3135.si.2020-85.2.
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The article presents the genesis and evolution of shaping the institution of municipal property of local government. The shaping of the legal institution of municipal property was presented against the background of the systemic change as a result of the changes and reforms initiated as a result of the 1989 ‘round table’, which also defined the principles of building a new local government system based on the legal and systemic model of European local self-government (municipal ) and its guiding principles. As a result of the introduced statutory regulations, in 1990, the first degree of local self-government was introduced, equipping communes (cities) and their associations as well as established legal entities with communal property. It should be mentioned that the acquisition of communal property, apart from the civil legal nature, also had a significant systemic significance guaranteeing the local government political, political and economic independence. The work presents the legal status of communal property, the procedure for its acquisition and the procedure of enfranchisement of communal entities under the first degree of local authority.
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Shugrina, Ekaterina S. "Award policy: types of awards for the municipal authorities." Law Enforcement Review 4, no. 2 (June 30, 2020): 85–98. http://dx.doi.org/10.24147/2542-1514.2020.4(2).85-98.
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The subject of the research is the establishment and application of official awards at the municipal level of government, including award legislation and the practice of its application.
The purpose of the article is to confirm or disprove the hypothesis of an existence of an
award policy and system of awards for the municipal level of government in Russia.
The methodological basis of the research is the general scientific dialectical method of cognition (such as methods of analysis and synthesis, abstraction and concretization, induction,
deduction and analogy), as well as the method of monitoring of legal acts, historical and
legal method, system analysis.
The main results of the research. A comprehensive analysis of existing regulations and description the general contours of the award policy for the municipal level of government were
made. The following classification of awards applicable to municipal authorities can be distinguished. By type of award: honorary titles, medals, distinctions and incentives, as well as
grants and prizes. Depending on the subject that establishes the award: state, municipal or
public awards; moreover, you should distinguish between awards established by a public legal
entity (award of the Russian Federation, of the constituent entity of the Russian Federation, a
municipality) or a separate public authority. Depending on the subject receiving the award
(the awarding subject): awards that are established both for the municipality as a whole, and
for individual officials or other employees of local self-government bodies; a separate category
consists of awards provided for the territorial bodies or their representatives. Currently, there
is no single document outlining the system of awards of the Russian Federation.
Conclusions. Monitoring of normative legal acts of local self-government bodies has shown
that it is quite rare to find documents that regulate the award policy of a municipality. There
is practically no award policy for local government bodies or their officials, as well as awards
for contributions to the development of local self-government.
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Bazhenova, Olga I. "Implementation of the Transformed Constitutional Model of Local Self-Government in Russia: First Steps." Constitutional and municipal law 12 (December 24, 2020): 30–40. http://dx.doi.org/10.18572/1812-3767-2020-12-30-40.
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The paper contains an analysis of the key amendments to Chapter 8 of the Constitution of the Russian Federation. The author emphasizes the fact that the constitutional foundation for the establishment of municipal government in the state is based not only on the principle of the unity of the public government system, which is now directly consolidated by the Constitution (Part 3 of Article 132), but requires a combination with the principle of independence of local self-government (Articles 3, 12 of the Constitution); this combination leads to building of a new system of interrelations between the state and local self-government. An important role in building of these interrelations within the framework of the transformed constitutional model of municipal government is allocated to the Constitutional Court of the Russian Federation and the legal positions it has expressed earlier, during the pre-reform period.
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Tolkovanov, Vyacheslav Viktorovych. "LOCAL ECONOMIC DEVELOPMENT IN MOLDOVA: CURRENT STATUS AND PERSPECTIVES FOR FURTHER MUNICIPAL CONSOLIDATION." SCIENTIFIC BULLETIN OF POLISSIA 1, no. 2(10) (2017): 178–84. http://dx.doi.org/10.25140/2410-9576-2017-1-2(10)-178-184.
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Urgency of the research. The importance of studying the different aspects of local economic development (LED) is explained by the fact that LED is defined as a key element for ensuring further municipal consolidation. The experience of the Republic of Moldova could be also used in Ukraine, in particular in the framework of the local self-government reform implementation. Target setting. It is reasonable to study the different aspects of local economic development (LED) in Republic of Moldova, to highlight its current status and perspectives for its further evolution in order to give reasons for the possibilities of its implementation in Ukraine and ensuring municipal consolidation. Actual scientific researches and issues analysis. The scientific works of such Ukrainian and foreign researchers and scientists as R. Herzog, G. Marcou, N. Mikula, O. Morozov, M. Pukhtynskiy, O. Povajniy, O. Romanuk and others deal with the different aspects of local economic development in different European countries, in particular in the Republic of Moldova. Uninvestigated parts of general matters defining. The experience of the Republic of Moldova in the field of local economic development (LED) is not yet sufficiently highlighted in Ukraine. In this regard, the scientists have to develop the argumentation of more active using of the different forms of LED for ensuring further municipal consolidation and local self-government reform implementation. The research objective. The article aims to highlight the current status and the perspectives of local economic development in the Republic of Moldova, in particular in the frame-work of local self-government reform implementation. The statement of basic materials. The article proves the expediency of using the different forms of local economic development (LED) for ensuring municipal consolidation and successful realisation of local self-government reform. The special attention is paid to the analysis of the new legislation of the Republic Moldova in the field of decentralisation and LED, fulfilment by the National Government of its commit-ments as well as the international organisations’ recommendations on local self-government development and fiscal decentralisation. The author also prepared the detailed recommendations on further realisation of the decentralisation policy and local economic development in this country. Conclusions. Local economic development represents an integrative part of the local self-government reform in all European countries, including Moldova. Taking into account the successful realization of the decentralization policy in the Republic Moldova, the experience of this neighbor country will be useful for ensuring municipal consolidation and local self-government reform implementation in Ukraine.
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Cumming, Peter A., and Diana Ginn. "First Nations Self-Government in Canada." Nordic Journal of International Law 55, no. 1-2 (1986): 86–116. http://dx.doi.org/10.1163/157181086x00328.
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AbstractThe case law reveals the courts' willingness to uphold federal intervention in Indian government, justifying such intervention on the grounds that Congress has plenary power over Indian affairs, that a ward-guardian relationship exists between Indians and the American government, or that a particular action was political and therefore not open to review (243). Yet, courts have characterized the jurisdiction still exercised by tribal governments as flowing from retained sovereignty rather than as delegated by Congress. American tribes have been described as possessing » theoretical sovereignty and some self-governing powers« 244). These powers include determining membership, regulating probate and family matters, deciding whether to lease or surrender Indian land, allotting land to members, taxing those living on the reserve, controlling tribe assets, establishing tribal courts, and passing »municipal-type« laws (245). The Bureau of Indian Affairs still has significant powers, however. The Commissioner of the Bureau is responsible for »the management of all Indian affairs, and (for) all matters arising out of Indian relations« (246). This power can be used to disallow tribe ordinances (247). The Commissioner also controls money appropriated for the »benefit, care, and assistance of the Indians;« (248) and because of the size of the Bureau, a substantial amount of this money goes to administration (249). However, although Indian tribes in the United States are not fully self-governing, it appears that »as tribes adopt more and more American style governmental institutions ... the Bureau seems willing to permit a substantial degree of tribal government (250).
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Idesis, I. V. "LEGISLATIVE REGULATION OF LOCAL SELF-GOVERNMENT OF UKRAINIAN CITIES." Знання європейського права, no. 4 (November 10, 2021): 7–10. http://dx.doi.org/10.32837/chern.v0i4.251.
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After the proclamation of Ukraine’s independence in 1991, local self-government in Ukraine is not regulatedseparately for such administrative-territorial units as cities (exceptions are cities with a special status). Most authorsonly state this fact, but do not make constructive suggestions aimed at improving the situation.The purpose of the article is to consider and analyze the modern laws of Ukraine, which implemented the legalregulation of local self-government in the cities of Ukraine.The study of the laws of Ukraine regulating local self-government gave grounds to note that the peculiarities of localself-government in cities are fragmented in the Law “On Local Self-Government in Ukraine”, Electoral Code and arecompletely absent in such important laws-sources of municipal law as Law “On Voluntary Association of TerritorialCommunities”, “On the Status of Deputies of Local Councils”. Regarding the latest act, the following directionsof amendments aimed at differentiating the status of deputies of local councils of rural and urban settlements areproposed: differences in the rights and responsibilities of deputies of local councils and taking into account differentquantitative composition of local councils (depending on the number of members); accordingly – more or less complexinternal structure of local councils, their executive bodies.It is noted that with the adoption on February 5, 2015 of the Law “On Voluntary Association of TerritorialCommunities” at the present stage of municipal reform began to follow the trend of refusing to unify local governmentin urban and rural areas (in connection with the introduction of the institute of elders). Proposals for amendments toArt. 7 of this Law “Preparation of decisions on voluntary association of territorial communities” and on supplementingArt. 8 “Formation of a united territorial community” paragraph 1-1 in the proposed wording.
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Sterkhov, Dmitrii. "God, King, Fatherland – and Elections. The Introduction of the Municipal Self-Government in Prussia in 1808 Seen Through the Perspective of the Protestant Sermon." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, no. 5 (December 2020): 20–31. http://dx.doi.org/10.15688/jvolsu4.2020.5.2.
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Introduction. The current study focuses on a number of sermons preached by the Prussian Protestant ministers on the occasion of the first municipal elections in Prussia in 1809–1810. The paper seeks to show that the Prussian Protestant clergy supported the introduction of the municipal self-government and inspired the population to take part in elections. Methods. The paper presents a case study dealing with the problem of the interaction between religious and political spheres in the early nineteenth century. This gives rise to the interdisciplinary approach adoptedin the current study. Analysis. Prussian Protestant preachers combined religious symbols with liberal vocabulary advancing the thesis that a good Christian is an honest citizen. The sermons abounded in such terms as “public spirit”, “civic responsibility” or “love of the Fatherland”. God was directly involved in the earthly politics since the municipal self-government was regarded as a divine gift from heaven. The Holy Spirit was thought to be present at municipal elections watching over the minds and the hearts of citizens. Prussian Monarch Frederick William III was stylized in the sermons as a typical “citizen King” who respected the rights of his subjects. The Prussian Kingdom was imagined as a big family with the King as the Father of the nation, the Prussians being his grown-up children. The introduction of the municipal self-government was thus described as “coming of age” of the Prussian people. Conclusion. The case study of the Protestant clergy supporting the liberal reforms conducted by the Prussian government proves that modernization did not always mean secularization.