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.
 Characteristic signs of functions of a Municipal Law are analyzed. The functions of municipal law should be considered exclusively in the focus of the subject and method(s) of municipal law. Therefore, they are inextricably linked with the functions of municipal power and the functions of municipal human rights.
 Based on the above and other characteristics, the functions of municipal law as a branch of law should be defined as the main directions and types of influence of municipal law on social relations that arise in the process of recognition, formation, organization and exercise of municipal power, as well as the implementation and protection of municipal rights a human’s.