Поняття «організаційно-правова форма» в муніципальному та цивільному праві

Abstract

At the present stage of state development in Ukraine, the democratization of all spheres of public life encompasses both public administration and local self-government, all manifestations of public authority. It is implemented through the development of various institutes, which include the institute of legal of local self-government. Once in Ukraine there was only one such (except for self-government in Kyiv - the capital of the state), now there are several. This requires studying both existing and possibly developing new promising forms. This is an important and urgent task for researchers.The purpose of the article is to compare how the concept of “organizational and legal form” is defined and applied in law and in civil law, and to formulate proposals for the implementation of the reception of the provisions of the doctrine of civil law to legal development.Problems of and legal forms of local self-government were investigated, including, by S.M. Latyshev. The author uses his thesis to compare with those, created by the specialists in private law. His approach is one of the most fundamental in terms of defining the concept of “organizational and legal of local self-government”, since he proposed two definitions - broad and narrow.In particular, S.M. Latyshev said:“In the broad sense, the forms through which local self-government is exercised include: forms of direct democracy, local self-government bodies, territorial public self-government.In the narrow sense, the forms of local self-government should be understood as the activities of various bodies, endowed with their own powers to deal with local issues and delegated to them by the state».Generally, the concept of organizational and legal form is actively used both in public law (mainly by law professionals) and in private law (mainly by civil law professionals). In the article, the author analyzes what developments of civilians it is expedient to apply for further improvement of the doctrinal support of the institute of and legal of local self-government, at the same time proposing to name it municipal and legal form.Key words: local self-government, administration, local self-government bodies, organization of local self-government, and legal form, and legal form.