The functions of a Municipal Law as a branch of law: debatable issues of theory

Abstract

In article problems of the theory of functions of a modern Municipal Law are considered. The basic essential and meaningful, objective and subjective, internal and external aspects of modern Municipal Law. It is noted that among the basic tasks that are currently faced domestic science Municipal Law, is the formation of a coherent and comprehensive knowledge of the system of municipal law of Ukraine, its legal aspects and patterns of development and operation of its norms and institutions. A holistic conception of the Municipal Law of Ukraine in the unity of its static and functional, material and procedural elements are important theoretical and methodological basis for the development and improvement of the system of national municipalism, current municipal legislation and municipal law-making and law enforcement activities.
 However, if the theory of problematic issues of Municipal Law as in law, its genesis, sources, norms and institutions are reflected in the works of Ukrainian researchers, the problem functions of this area of law remains almost unexplored. Understanding the nature and content of the functions of Municipal Law makes it possible to understand the importance of this area of law to regulate social relations and answer questions about the role of Municipal Law in society and the state.
 It is proven that the legal features and qualifications of the functions of municipal law find their logical continuation in each independent group of these functions, which can be distinguished according to the appropriate division criteria. These criteria, which are the basis for the classification of functions of municipal law, should include: a) objects of influence of municipal law. According to this criterion, it is necessary to distinguish such objective functions of municipal law, from among the main ones, such as political function, economic function, social function, ideological function and corresponding external functions of municipal law; b) ways and means of influence of municipal law on relevant social relations. Such functions should include regulatory, establishing, protective, control, integrative (system-forming), law-making, law­enforcing, informational, axiological and a number of other functions of municipal law; c) conditions of influence of municipal law on relevant social relations. Such functions should include temporal (permanent and temporary) and territorial (national and local).
 These criteria are the main criteria for the classification of functions of municipal law and do not exclude the possibility of identifying other criteria that would make it possible to improve their classification.