Abstract
The article examines the experience of legal regulation of the key principle of organizing the local authorities—publicity in the legal acts of Germany. The structure of the German state and Russia is a federation and this fact affects the law making activity. It is carried out by a federation, its entities and municipalities. The analysis aims at identification of the specific features which reflect the principle of publicity in regulations. Their peculiarity lies in the fact that the law of the lands bears the main burden of regulation in this area. The examples of specific rules of Bavaria testify that many of them contain elements of the principle of publicity of local authorities. In particular, a great attention is paid to the issues of civil initiatives, civil solutions and civil petitions in the Bavarian legal acts, which, according to the author, should be attributed to the basic elements of the analyzed principle of publicity. Research of the German experience has shown that existence of a legal basis for publicity enables the citizens to participate in decisions making of the municipal bodies, as well as directly make their own proposals for improving various spheres of their local life. Such approach proves that it is the principle of publicity that creates conditions for the activity of the population in their place of residence. Thus, we achieve the important objective to ensure the effectiveness of the local government.
Highlights
The institute of local authorities with its settled traditions has found a wide legal formulation and practical implementation in the number of foreign states, which have developed the system of attracting population to management at the local level, support of the civil initiatives in the municipal area of the state government, consultations of power with territorial groups prior to making important decisions on the local life issues
Modern states as a basic fundamental principle in the legal regulation of local government put the publicity at the forefront, as a tool linking the local authorities with the residents of municipalities (Mikheev, 2014)
These legal provisions indicate that the principle of publicity found its legal consolidation in the norms associated with the organization of local authorities, primarily at the level of federal lands
Summary
The institute of local authorities with its settled traditions has found a wide legal formulation and practical implementation in the number of foreign states, which have developed the system of attracting population to management at the local level, support of the civil initiatives in the municipal area of the state government, consultations of power with territorial groups prior to making important decisions on the local life issues. V. Babun, attracting initiative groups of citizens to the solution of local issues has become the norm for municipal authorities in the countries with democratic structure (Baboon, 2010). Investigation and practical use of foreign experience in local government can significantly accelerate the process of mastering the skills to participate in the enforcing the power (Neznamova, 2009)
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