Activities Of Local Self-government Bodies Research Articles

The essence and importance of monitoring of a large metropolitan area's strategic development

Subject. This article discusses the issues of socio-economic development of areas and improving the well-being of the population. Objectives. The article aims to determine the most important areas of monitoring the achievement of the development goals of large urban agglomerations. Methods. For the study, I used the general scientific research methods. Results. The article finds that budget monitoring is a key aspect of monitoring the strategic development of a large urban agglomeration. Conclusions. The results of the study can be used in the practical activities of local self-government bodies in the field of strategic development.

Constitutional foundations of local self-government in Ukraine

The constitutional foundations of local self­government in Ukraine are norms-principles reflected in more than 20 articles of the Constitution of Ukraine. Norms establishing the legal, organizational, material and financial foundations of local self-government provide for the establishment of a democratic decentralized management system, based on independent territorial communities, local self-government bodies, which are entrusted with the decision of all issues of local importance. Real effective local self-government is possible only in the presence of certain conditions that have objectively developed in society, and which collectively form the basis of local self-government. The basics of local self­government create the foundation, that is, the foundation on which the entire system of local self-government is built. One of the fundamental foundations of local self-government is the participation of citizens in the social and political life of the state. The topicality of the topic is due primarily to the fact that at the current stage of democratic transformation of our country, local self­government is the basis of civil society. Local self-government is one of the most important institutions of a democratic state. Its development is a central scientific problem of municipal law and a "cornerstone” in municipal science for many decades, since its inception. The 1996 Constitution of Ukraine created the legal basis for the development of local self-government as a special type of public power. The article analyzes the constitutional principles that established the status of municipal power, their influence on further legislation and practice of local self­government. The constitutional principles of local self-government are analyzed. The approaches available in modern jurisprudence regarding the definition of the concept of "basics of local self­government” have been considered. Arguments are presented in favor of separating the organizational- legal, territorial, and material-financial bases of the activity of local self-government bodies.

Peculiarities of the activities of local self-government bodies in united territorial communities under martial law

Peculiarities of the activities of local self-government bodies in united territorial communities under martial law

Civil-military cooperation and public control over the activities of local self-government bodies

The purpose of the article is to determine the specific features of civil-military cooperation and public control over the activities of local self­government bodies.
 The article shows that in the context of a high- intensity armed conflict, the impact of corruption and other risks that have a destructive impact on the local self-government system is growing. Arguments are presented about the existence of risks of violation of human and civil rights as a result of unlawful actions of civilian and military officials. Attention is focused on the decline in economic activity of enterprises and the population living near the contact line as a result of ill-considered provision of humanitarian aid. The article establishes the absence or imperfection of legal mechanisms to influence persons who refuse to evacuate from the areas of hostilities, if such "refuseniks" take care of children, the elderly or persons with disabilities.
 Public control is a complex social entity whose mission is to create preconditions for continuous improvement of the controlled entities' activities by searching for and analyzing errors in their activities and identifying ways to eliminate them. The concept of public control over the activities of local self­government bodies and civil-military cooperation structures is formulated as an analytical and search work of civil society institutions aimed at determining whether the activities of the controlled entities comply with their functions, powers, restrictions and prohibitions established by law.
 The legal framework for civic control over the activities of local self-government bodies and civil- military cooperation structures is currently being developed. Legislation governing the activities of local self-government bodies is largely outdated and does not take into account the realities of the martial law regime. Instead, the legislative basis for civil-military cooperation has not yet been created, which leads to an arbitrary interpretation of the essence of civil-military cooperation by different actors.

Index approach to assessing the quality of the urban environment as a tool for improving the efficiency of municipal management

The article explores the current state of assessing the effectiveness of local self-government bodies in terms of their focus on improving the quality of the urban environment. The criteria used by regional authorities, the Ministry of Construction of the Russian Federation and the state Corporation VEB were compared.The Russian Federation in various procedures for such an assessment. The urban environment is considered as a complex object of municipal management, directly determining the quality of life in the municipality. The index approach to quality assessment makes it possible to integrate both objective and subjective indicators, obtaining a holistic view of the dynamics of changes in the quality of the urban environment as a result of the implementation by municipal authorities of the state policy of improving the quality of life of the population. It is concluded that the quality of the urban environment is not the subject of assessment of municipal authorities by the authorities of the constituent entities of the Russian Federation, and therefore occupies a secondary place among the areas of work of municipal authorities. An auxiliary role is played by the Urban Environment Quality Index and the Quality of Life Index in Russian cities, which include some indicators that are also used in assessing the effectiveness of municipal management. Thus, in order to intensify the efforts of local self-government to develop the urban environment and improve the quality of life in municipalities, it is necessary to include indicators of improvement and a comfortable environment in monitoring the effectiveness of the activities of local self-government bodies of urban districts.

Гарантии реализации местного самоуправления в системе публичной власти Российской Федерации

The article presents new approaches to guaranteeing local self-government, including the activities of local self-government bodies in the unified system of public authority. The categories of “local self-government”, “local self-government bodies”, “public authority”, “unified system of public authority”, “municipal authority” are systematically analyzed. Local self-government is defined as an independent form of public authority in munic-ipal territories. The peculiarities of the functioning of local self-government in the Russian Federation are demonstrated. The necessity of recognizing local self-government as an integral phenomenon of the concept of public authority and local self-government bodies as a form of implementation of local self-government as an element of the unified system of public authority is substantiated. The problem of guarantees created for the effective functioning of local self-government in the Russian Federation is raised. It is argued that it is neces-sary not only to reform the current legislation in the light of the amendments to the Constitution of the Russian Federation of 2020, but also shows the need to form a new fundamental law at the federal level in the field of local self-government and to provide greater opportunities in the legislative regulation of local self-government to the constituent entities of the Russian Federation. It is indicated that the legislator needs to fill the gap in the definition of the concept of local self-government, including warranty issues there. Particular emphasis is given to the content and prospects of development of the constitutional foundations of local self-government as the most important guarantees. It is determined that the effective functioning of local self-government is possible with the guarantee of the right to implement local self-government. The guarantees determined by the state regarding the functioning of local self-government are defined. The content of state guarantees is disclosed, where general and legal guarantees are distinguished. Ways to develop state guarantees for the realization of the right to exercise local self-government are shown. Municipal guarantees are investigated, their content and meaning are shown in the general mechanism for guaranteeing local self-government.

Key factors of using Crowd-technologies in the activities of Ukrainian local self-government bodies

The purpose of the article is to provide a conceptual justification of the fac-tors, conditions, and limitations regarding the implementation of crowd technolo-gies in the activities of local self-government bodies. It has been established that crowd technologies in local self-government are social technologies that involve the engagement of «informal public» in the govern-ance process through a public offer made by local self-government bodies. These technologies utilize the intellectual potential of online communities to address so-cially significant issues without entering into an employment contract. It is defined that crowd technologies in local self-government are also specif-ic public-private management technologies that introduce civil relations into bu-reaucratic practices. In this regard, it is important to distinguish various types of these technologies, including crowd-sourcing, crowd-funding, crowd-recruiting, crowd-creation, and so on. The utilization of these and other types of crowd tech-nologies in local self-government allows for addressing important tasks for territo-rial communities, such as involving the population in decision-making processes, mobilizing citizen funds for voluntary development of crowd projects through in-formation technologies, searching for talented professionals within the community, and facilitating the creation of new crowd projects by the «informal public». It has been proven that the implementation of crowd technologies as mani-festations of public-private management requires a set of necessary conditions for their integration into the practices of local self-government. These conditions in-clude: Regulatory and legal support for crowd technological activities. Generalization of experience (positive or negative) with crowd tech-nologies. Accurate identification of crowd technology objects. Institutionalization of a public actor interested in crowd technologies. Formation of civic competencies among the population as individual qualities socialized under the influence of civil society. Ensuring informational accessibility of decision-making practices by local self-government bodies and administrative services provided by them, as well as by communal institutions and enterprises. Demonstration of loyalty by local authorities towards organizing work according to the crowd technology model and the willingness of their leaders and officials to collaborate with the public. Development of integrated software products for local self-government bodies based on the principles of open-source software. It is argued that the structure of crowd potential in a territorial community is formed by two main components: the capacity and readiness of the population and local self-government bodies to participate in crowd technologies. Capacity in-cludes awareness of the organization of governance and knowledge of crowd tech-nologies, which is reflected in the societal and governmental understanding of the possibilities for implementing crowd projects at the community level. Readiness consists of the interest in voluntary participation in addressing social issues, the societal values of the population and local self-government bodies, and their moti-vational reasons for participating in crowd projects.

Information and communication technologies legislation for self-government bodies

The research relevance is determined by the fact that in Ukraine, digital and information processes are increasingly popularised in the activities of local self-government bodies, allowing for prompt resolution of certain community tasks. However, the legislation in this area does not fully meet the requirements for the use of information and communication technologies. The study aims to analyse the powers of local self-government bodies to use information and electronic resources in their activities. The main research method used was the systemic and structural one, which helped to determine the specifics of the use of information and communication technologies. The results of the study show that Ukrainian legislation fragmentarily regulates information and communication relations of local self-government bodies. It is proposed to adopt a specialised legislative act. It is determined that local self-government bodies have a fairly significant number of information and communication technologies and e-government tools. It is found that it is expedient for Ukrainian local self-government bodies to adopt the experience of the Republic of Poland in using the crowdsourcing tool, but for its implementation, it is necessary to adopt an appropriate legal act and allocate adequate funding. The author emphasises the importance of the opinion of the international European community in the field of information support for the activities of public authorities and local self-government within the framework of bilateral partnership. The author emphasises the need to consider the financial capacity of Ukraine to maintain and develop new information and communication technology tools under the legal regime of martial law. The practical significance of the results obtained is that they encourage the introduction of new information and communication technology tools in the work of local self-government bodies.

RESEARCH ON TRANSPARENCY OF ECONOMIC-ORGANIZATIONAL SUPPORT IN UKRAINIAN REGIONAL CENTERS: BEFORE AND AFTER FULL-SCALE INVASION

Purpose. The objective of this study is to analyze the level of transparency and accessibility of information regarding the activities of local self-government bodies in the regional centers of Ukraine, as well as to identify economic-organizational problems associated with ensuring openness in Ukrainian cities. Methodology. The following research methods were employed to achieve the stated objective: analysis, synthesis, deduction, comparison, and scientific inquiry. Results. An analysis of the transparency of economic-organizational support in Ukrainian regional centers was conducted before and after the full-scale invasion by Russian forces. The degree of transparency, which characterizes the level of openness of local self-government bodies in the regional centers of Ukraine from 2017 to 2022, was identified. Economic-organizational problems related to ensuring transparency in Ukrainian cities were also identified. Scientific novelty. The research has revealed economic-organizational problems associated with ensuring transparency in Ukrainian cities, highlighting the need for further examination and resolution of complex economic, organizational, and managerial aspects that influence the level of transparency and accessibility of information about the activities of local self-government bodies. Practical significance. This research helps identify specific economic-organizational problems that affect the transparency of local self-government. It contributes to raising awareness and understanding of these issues, as well as directing attention towards their resolution.

A mechanism for involving the public in monitoring the activities of local self-government bodies

On the basis of the conducted research, the essence of the concept of public monitoring is defined. The main purpose of public monitoring is outlined. The main stages of public monitoring are highlighted. It is determined that the most important stage of monitoring is the collection of information. The quality of monitoring in general depends on how complete, reliable, and impartial the information collected is. It is proved that the implementation of monitoring results in the activities of a local government body requires an established feedback mechanism. Therefore, it is necessary to diversify the forms and methods of feedback to the public and ensure their wider implementation. In particular, at the level of information, cooperation should be carried out through websites, mass media, public events, public hearings, announcements and banners, maximizing the potential of social networks. It is determined that public involvement in controlling the provision of administrative services has a number of positive results. The incentives and obstacles to the involvement of citizens in local self-government are outlined.

Revitalization of Civil Participation of the Population in the Activities of Local Self-Government Bodies

Civil participation of the population in Kazakhstan is considered one of the most important factors in the development of local government system, while the actual level of participation remains at a low level. The forms of manifestation of civil and social participation of the population in the realization of citizens’ rights to governance are limited, and social passivity is a characteristic feature for residents of local regions. The relevance of the research work is determined by the need to activate the civil participation of the population in the activities of Local Self-Government Bodies in Turkestan as a typical representative of a small urban district. The primary purpose of the research work is to find and substantiate ways to activate the civil participation of the population in the activities of Local Self-Government Bodies in Turkestan. Research methods such as Descriptive analytics (Nearest Neighbor Analysis), Diagnostic analytics (Pearson’s R - Spearman Correlation) and Predictive analytics (Neural Networks - Multilayer Perceptron) were used. Statistical and Analytical research was carried out using SPSS and R statistics software. A sociological survey was conducted among residents of Turkestan, and other materials were collected from such sources as the results of structural appeals of citizens to the administration of Turkestan and the results of the activities of the administration of Turkestan in the field of working with citizens’ appeals. As a result, the main causes of problems of civil activity of the population in Turkestan were identified and the “Solution Tree” method was used to solve the main problems in this region.

Princi-ples of legal zoning in the judicial practice

The present article deals with the study of the principles of legal zoning through their disclosure in judicial practice. The topic is underdeveloped. The purpose of the study is to identify the role of judicial practice in the legal regulation of urban zoning, as well as the impact on law enforcement and lawmaking activities in this area. The authors propose to use a classification of principles of legal zoning by level of their action (general legal principles, principles of sectoral legislation and special principles) and revealing their content through the analysis of judicial practice materials. In addition to general scientific methods, the comparative legal, formal legal and interpretation methods made it possible to achieve better results. The analysis was conducted with respect to judicial acts adopted by the Supreme Court of the Russian Federation, as well as judicial acts of courts of general jurisdiction and arbitration courts of cassation and appeal instances. More than 150 judicial acts in several catego-ries were examined in total:– Challenging general plan and land use rules as a legal act;– Challenging the refusal to grant permission for permitted use or challenging the granted permission for permitted use;– Challenging the refusal to grant permission to deviate from the maximum parameters of permitted construction, reconstruction of the object of construction or challenging the permission to deviate from the maximum parameters of permitted construction.According to the results of the study it is possible to identify several ways of working with the principles of legal zoning:– direct quotation and application, if it is a principle of sectoral legislation, which is enshrined, for example, in the Urban Planning Code of the Russian Federation;– disclosure of content without precise formulation, for example, the principle of protection of previously arisen rights of right holders of land plots when changing legal zoning, which is not directly mentioned in judicial acts, but is disclosed through references to current legislation;– the formation of new principles not enshrined in the current legal acts, such as the principle of primacy of the master plan or the principle of belonging of a land plot only to one territorial zone. Approaches and legal provisions, broadcasted by judicial practice, are reflected in the law enforcement and law-making activities of local self-government bodies. The authors draw attention to the fact that local self-governing bodies assess and take into account the emerging judicial practice in different ways. This fact is confirmed by the current editions of the rules of land use and development in different Russian cities.

Directions for improving the activities of local self-government bodies in Ukraine

his article reveals directions for improving the local self-government institute in Ukraine.The areas of improvement of the local self-government institute in Ukraine are singled out: 1) liquidation of local administrations, and formation of the institute of prefects; 2) development of cross-border cooperation of territorial communities and united territorial communities; 3) international cooperation, exchange of experience and implementation of joint international projects; 4) improving the qualifications of employees of local self-government bodies; 5) monitoring the results of the activities of local self-government bodies and evaluating the results of the activities of council deputies and the council itself by introducing a rating of council deputies; 6) ensuring digitization of information collection and processing processes between different levels of local self-government bodies; 7) ensuring accessibility of territorial community residents to public information about the activities of the local self-government body, as well as participatory planning of territorial community development programs; 8) creation of a favorable investment climate, which will make it possible to attract private investments in local development; 9) implementation of regional deurbanization policy; 10) creation of opportunities to provide greater and faster access to receiving administrative services through TsNAPy; 11) application of the reorientation method of municipal management; 12) promote civic education to increase the level of population participation in local self-government.

Local government bodies as subjects of public policy of national memory in Ukraine

The purpose of the article is to clarify the role of local self-government bodies in the formation and implementation of the public policy of national memory in Ukraine.
 The source base of the research was made up of the Constitution of Ukraine, laws of Ukraine and other normative acts of higher state authorities and local self-government bodies. The methodological basis was made up of general scientific and special research methods: induction and deduction, systematization and generalization, logical and structural-functional analysis, formal-legal, etc.
 The article examines the peculiarities of the functioning of the public administration system in the field of national memory and the place of local self-government bodies in it as subjects of public policy. The regulatory and legal support for the activities of local self-government bodies, relations with state authorities, distribution of powers, decision-making mechanisms, forms of participation in political processes and public affairs management, etc. are analyzed. The current state of ensuring the formation and implementation of the public policy of national memory at the local and regional levels by local self-government bodies is revealed, the main directions of this policy in the conditions of a full-scale Russian war are analyzed.
 As a result of the research work, a conclusion was made about the important role of local self-government bodies in the formation and implementation of the public policy of national memory at the local and regional levels. It was determined that Ukraine operates an extensive system of public administration, which ensures the solution of important social problems and the satisfaction of urgent public needs in the field of national memory. It has been proven that socio-political processes in the field of national memory, in conditions of full-scale war and threats to territorial integrity, play a particularly important role in the establishment of Ukrainian civic identity and are an integral component of ensuring Ukraine's national security.

On the Conceptualization of the Theoretical and Organizational and Legal Foundations of Local Self-Government in the Russian Federation

The article explores the evolution of the legislative definition of “local self-government”. It is stated that the meaning of this concept has changed from 1995 to the present. The regulatory and legal establishment of certain issues of organizing the activities of local self-government bodies in the current legislation and the bill developed in pursuance of the constitutional amendments of 2020 are critically comprehended. The bill regulates the general principles of organizing the activities of local self-government in a single system of public power in the Russian Federation. The author explores the issue of distinguishing the concepts of “local self-government” and “local government” based on the emerging trend of integrating the regional level of power into the organization of the activities of local self-government bodies. A new classification of local self-government bodies is proposed on the basis of doctrinal principles developed by pre-revolutionary researchers of local self-government. Some features of the legal status of local self-government officials, forms of interaction between the local level of government and representatives of regional authorities, primarily with the highest official of the constituent entity of the Russian Federation under the new legislation on local self-government, are considered. Special attention is paid to the legal status of the deputy of the representative body of the municipality, the head of the municipality and the head of the local administration of the municipality. The author comes to the conclusion that it is necessary to change the paradigm in relation to the conceptual apparatus in the local self-government system in the context of existing federal relations and legislative novels. Proposals of an organizational and legal nature are made aimed at the functioning of the local self-government system in accordance with the established constitutional postulates and the purpose of a unified system of public power in the Russian Federation.

Features of implementation of electronic governance in the activities of local self-government bodies

ABSTRACT. Introduction. In the context of the development of digital technologies, traditional means of communication of subjects of power with citizens are no longer effective and are in the process of reforming. Everyday life of citizens has been transformed due to the "number" which encourages local authorities to develop e-governance and e-democracy tools. Summary of the main results of the study. The article considers the introduction of e-governance and e-democracy tools into the activities of local self-government bodies, their advantages and disadvantages, as well as the main problems that communities struggle with during digital transformation processes. Conclusions. The spread and development of modern information and telecommunication technologies allow the subjects of power to reach a new level of interaction with citizens, provide them with high-quality services and quickly receive feedback, but this requires a comprehensive approach to amending the current legislation.

LEGAL ANALYSIS OF THE FORMATION AND DEVELOPMENT OF LOCAL SELF-GOVERNMENT IN THE REPUBLIC OF KAZAKHSTAN

Local self-government is the foundation of national statehood. It is at the local level that many socio-economic tasks can be successfully solved and real conditions created to ensure sustainable growth and well-being of the population. Being a social state, the Republic of Kazakhstan has an original experience in the formation and development of a municipal government system built on the significant influence of the people's representation. The analysis of the peculiarities of its formation, the results of which are reflected in the text of the article, contains new scientific knowledge that has the prospect of practical approbation in improving legislation on the basics of local self-government. Comparing the doctrinal positions expressed in the Kazakh and foreign legal press, it was possible to identify the presence of common problems in the organization and activities of local self-government bodies in various states. The purpose of the study was to form a set of scientifically based recommendations characterizing the directions of development of legal support for the functioning of local self-government. Using the results obtained experimentally, having studied the state of judicial practice reflecting the quality of local self–government in the Republic of Kazakhstan, as well as a set of traditional general scientific and private scientific methods, the authors came to the conclusion that it is possible – in the conditions of convergence of national legal systems - to create a general concept of the organization of local self-government that has the trust of citizens and is based on a democratic elective form of recruitment. In a state governed by the rule of law, all the essential features of which are enshrined in the Constitution of the Republic of Kazakhstan and implemented in the activities of state authorities, it is this model of local self-government that acquires maximum efficiency.

THEORETICAL FUNDAMENTALS OF TERRITORIAL DEVELOPMENT STRATEGY

The purpose of this article is to the study the presentation of the author's own definition of "territory development strategy" and the "conceptual scheme of the territorial development strategy" model. The key problem is the search for a theoretical justification for such a category as "territory development strategy", where the author provides the author's vision of this definition. In the research process, such methods were used as the method of content analysis (to analyze the definition of the category "territory development strategy"); the method of analysis and synthesis (to determine the components of the potential and risks of territorial development and the types of strategies of territorial development), the chronological method (to study the evolutionary development of the strategy), the method of generalization (to build a conceptual scheme of the strategy of territorial development). The conclusions obtained as a result of the conducted research will help in choosing a strategy for the development of the territory, taking into account the regional features of development. The practical significance of the obtained results is that the research materials can be used in the practical activities of local self-government bodies. The value of the research topic is confirmed by the growing role of strategy development at the level of individual territories, the substantiation of modern trends of strategy implementation in the regional aspect as an effective tool for achieving territorial development of the country. The hypothesis of our research is based on the perception of the strategy of territorial development as a complex and necessary tool of socio-economic development of the territory of the country, which should be developed in order to solve the problems associated with territorial imbalance.

Accountability and controllability of local government bodies under the conditions of the reform decentralization of power

The article substantiates the relationship between the principles of accountability and control of local self-government bodies in the conditions of the reform of power decentralization. The legal support of these principles, as well as their correlation, is analyzed.
 Issues of controllability and accountability of local self-government bodies are actualized in the conditions of decentralization of power in Ukraine. The role of the state in the management of community affairs is significantly narrowed, as is the control of state authorities over the legality of the activities of local self-government bodies. This, in turn, shifts the burden of such control to the community, civil society institutions, and individuals and legal entities. In such conditions, the development of public control in the state as a whole and complex institution is actualized, as well as the content of accountability as a control tool is transformed and expanded.
 Increasing the influence, expansion of resources and powers of local self-government bodies requires appropriate balancing on a democratic basis. Accountability and control become important in the context of ensuring the responsibility of local self-government bodies, the strengthening of which is due to the decentralization of power.
 Accountability as a principle of local self-government is not limited exclusively to the obligation to periodically report on the activities of municipal bodies or officials, it is a system of specific relations between accountable and authorized subjects, the goal of which is the real achievement of openness and democracy. Controllability means that the activity of a certain subject is subject to control - by state bodies, civil society, and internal control subjects.
 These democratic principles of local self-government did not receive effective and perfect legal implementation mechanisms. The discretionary powers of local self-government bodies allow for the regulation of relevant procedures in the charters of territorial communities, but this does not happen due to their low initiative.

Features of local self-government in the Steppe general government

The subject. Many shortcomings in the current state of local government and self-government systems are that in the process of forming institutions of public power, there were not evolutionary qualitative changes, but, on the contrary, there were processes of quantitative complication of mechanisms and institutions for the exercise of public power, making the role of the people in administrative processes impossible or insignificant.The theoretical and methodological basis of the research are the categories and principles of materialistic dialectics, systematic, formal-logical, formal-legal and comparative-legal methods.The main results. The article discusses 4 types of self-government that existed in the Steppe General Government in the prerevolutionary period. Special attention is paid to organizational and legal issues, the structure and forms of activity of urban, peasant, Cossack and Kyrgyz (Kazakh) self-government, their interaction with local administrative and police bodies represented by the Governor-General, regional governors and county chiefs. Conclusions. The activity of local self-government bodies in the Steppe Region was based on the concept of self-government, which was based on the fact that local self-government had to act in the interests of state power. It carried out its activities on the basis of laws, the subjects of its jurisdiction and competence were also determined by the state. The activities and powers of the local state administration and local self-government were considered homogeneous and constituted a single power vertical.