THE IMPLEMENTATION OF THE PRINCIPLE OF JUDICIAL PROTECTION OF LOCAL SELF-GOVERNMENT RIGHTS IN THE NATIONAL COURTS’ PRACTICE: THE UKRAINIAN EXPERIENCE

Abstract

Background: The article is devoted to the consideration of the principle of judicial protection of local self-government rights in the practice of the Supreme Court. The authors examined the constitutional and international legal guarantees of local self-government rights and emphasised that, compared to individual European states, Ukraine received the proper legal basis for the effective guarantee and protection of local self-government as an important institution of the democratic state. Attention is paid to the analysis of the principle of judicial protection of local self-government in Ukrainian and European scientific literature. It is emphasised that guaranteeing the effectiveness of the local self-government is one of the main purposes of judicial protection of local self-government rights. The article also considers certain problems related to the proper implementation of regulatory provisions on judicial protection. In particular, it emphasises the importance of substantiating the appeal to the judicial authorities specifically for the purpose of protecting the interests of the territorial community in legal relations with ate power. The authors also outline the problem of choosing a jurisdiction for the consideration of disputes in which local self-government bodies act as one party. It was determined that in terms of the right of a local self-governing body to apply to a court with a claim against another public authority in order to protect the rights and interests of the relevant territorial community, a certain practice has been formed. On the basis of the analytical research, certain categories of cases considered by Ukrainian courts in the context of the right to judicial protection of local self-government were identified and analysed. In particular, the cases of lawsuits by local self- government bodies to the Verkhovna Rada of Ukraine regarding the formation and liquidation of sub-regional administrative-territorial units were analysed; cases of claims of local self- government bodies to the Cabinet of Ministers of Ukraine regarding territorial transformations; cases of lawsuits between local self-government bodies. Special attention is paid to the practice of the prosecutor’s appeal to the court in the interests of the state in the person of the local self- government body. Methods: The authors used comparative synthesis methods and information analysis. Actual empirical data are used to argue for the conclusions. Results and Conclusions: The authors draw conclusions about the implementation of the principle of judicial protection of local self-government rights in the practice of Ukrainian courts. Separate problems concerning the possibility of a local self-government body appealing to the courts are also analysed.