Local self-government in public and private law: latest experience

Boris Perezhniak,Iryna Menso,Arkadii Nazarko,Kristina Strukova,Alina Hryshchuk

doi:10.34069/ai/2021.41.05.21

Abstract

Local self-government is one of the major institutions of civil society. Most democracies in the world have a developed system of local self-government, to which a number of state functions are delegated. To characterize this institution and clarify its inherent features of private and public law, it is necessary to study modern systems of local self-government and theoretical achievements in the field of private and public law. The work aims to analyze local self-government given the features inherent in public and private law. The object of research is local self-government in public and private law. The following methods were used during the study: analysis of regulations, articles and monographs, comparisons, abstractions, analogies, and generalizations. The study of the question of the attribution of local self-government as a subject of law to private and public law revealed a number of features that are characteristic of both public and private law. Based on the analysis of the scientific literature, the main characteristics of the system of local self-government in the world are determined, in particular, on the example of such countries as the USA, Great Britain, France, and Japan. Based on the theoretical achievements of legal scholars on private and public law, it was possible to identify their differences, basic features and, on this basis, to conclude that local government is characterized by features of both private and public law.

Highlights

IntroductionIn the history of jurisprudence, both theoretical and practical, the attention to the study of these "opposites", to clarifying the criteria for distinguishing between the two parts of objective legal law and, to find common features and common boundaries
From ancient times the terms "public and private" were used as opposite in meaning
As a subject of public law, local self-government in the context of this study finds new features that can be attributed to the field of private law

Summary

Introduction

In the history of jurisprudence, both theoretical and practical, the attention to the study of these "opposites", to clarifying the criteria for distinguishing between the two parts of objective legal law and, to find common features and common boundaries. The law as a whole has an official, state, and, in this sense, public character, it should be borne in mind that the term "public" can be used in jurisprudence in a narrower sense. In this sense, the term "public" refers only to that part of the law that relates to the functioning of the state as a subject of legal relations

Methods

Results

Conclusion