Local Government Bodies Research Articles

Specifics of legal regulation of state authorities and local government bodies’ participation in civil proceedings

Purpose. The purpose of the article is a comprehensive analysis of the provisions of the legislation of Ukraine, which regulates the position of public authorities and local government bodies in civil proceedings, identification of shortcomings and disagreements, development of proposals aimed at improving the legal regulation of legal personality institution of authorities and persons to whom the law has granted the right to apply to the court in the interests of other persons and optimization of the court procedure with their participation. Methodology. The methodology includes a comprehensive analysis of the national legislation of Ukraine and individual international acts in sphere of regulating of public authorities and local government bodies’ participation in civil proceedings, generalization of scientific and theoretical arsenal, which made it possible to identify problems and formulate conclusions and proposals aimed at their elimination. Such methods of scientific knowledge were used: terminological, logical-semantic, systemic-structural, functional and others. Results. In the research process the meaning of concepts “public authorities” and “local government bodies” as potential participants in the judicial process in civil cases was revealed. Taking into account the content of constitutional provisions, provisions of the Laws of Ukraine "On Local State Administrations", "On Local Self-Government in Ukraine" and other acts, as well as European and world values in the field of human rights protection, it is proved that functions of state authorities, local government bodies, and methods of their implementation are determined by many factors, among which is the constitutional provision according to which a person, it`s life and health, honor and dignity, inviolability and security are recognized as the highest social value in Ukraine. Human rights and freedoms and their guarantees determine the content and direction of the state's activities, the establishment and provision of human rights and freedoms is the main duty of the state (Article 3 of the Constitution of Ukraine). These are the fundamental principles of state authorities and local government bodie`s activity, including in civil proceedings. In contrast to the participants with a private interests, the position of state authorities and local government bodies in civil proceedings is limited by the Constitution and laws of Ukraine. Practical significance. The results of the research can be used in legislative and law enforcement activities in consideration and resolution of civil cases, initiated by state authorities or local government bodies, or in the case of their involvement in the process in order to provide an opinion at the request of court or due to the law.

Peter the Great’s Fight against Corruption in Russia

The relevance of the topic is explained by the fact that in modern conditions in Russia, the fight against corruption is actively being conducted. The President of the Russian Federation, State and local government bodies, civil society institutions, organizations and individuals, within their competence, carry out anti-corruption activities. But as life shows, it is not always possible to effectively fight corruption in the country, there is a need to turn to the historical experience of our country and, in particular, Peter the Great’s fight against corruption (bribery).Peter I took a number of measures aimed at combating corruption: the establishment of the fiscal service, the Prosecutor’s office, the reform of legislation, etc. The emperor paid special attention to ensuring the principle of inevitability of punishment for corruption. Peter the Great also, by issuing a decree dated December 24, 1714, tightened the responsibility of civil servants for committing bribery.

Urban Governance in Bangladesh: A Study on Inter-Organisational Coordination Problems and Its Impact on Service Delivery

In the urban areas of Bangladesh, besides formal urban local governments, special government bodies, some special purpose authorities and special development authorities exist to meet the growing demand for certain urban services and planning. This study aims to provide a better understanding of the inter-organisational coordination problems among these urban bodies and how they impact the service delivery to urban people in Bangladesh. Based on a study performed on the Cumilla City Corporation and Lakshmipur Paurashava area, the available data show that there are huge coordination problems among the urban local government bodies and other governments agencies. This study illustrates that overlapping functions and different accountability patterns of urban bodies, limited autonomy of urban local government, lack of formal framework for coordination, political influences and controlled central–local government relations are affecting inter-organisational coordination. This study is on the basis of embedded case-oriented qualitative research. Both primary and secondary data were considered to carry out this study. The article argues that the lack of coordination among the urban local bodies, government agencies and departments hamper the policy execution, which ultimately affects the service delivery negatively.

Community Climate Vulnerability Assessment (CCVA) to Climate Change of a Hilly Area of Rangamati District in Bangladesh

The global challenge of Climate change poses a significant threat to humanity, with its impacts already being felt in various parts of the world through unpredictable and severe weather events leading to property damage and loss of life (IPCC, 2014). Community resilience is vital in reducing the losses caused by climate change, and it depends on an understanding of perceived risks, vulnerabilities, and local efforts to mitigate them. The Chittagong Hill Tracts of Bangladesh is one of the regions that is particularly vulnerable to climate change, due to its geography, degradation of forests, sensitivity of livelihoods, and low capacity in comparison to other parts of the country (World bank 2018).Although vulnerability assessments to climate change have been conducted previously, there remains a gap in involving indigenous communities residing in hilly areas of Bangladesh. The recognition of climate change risks as perceived by local communities could serve as a foundation for developing locally-led adaptation plans aimed at building local resilience.The Basonto Mon watershed is located in Rangamati district of Bangladesh, with GPS coordinates of 22˚ 40.218"N 92˚ 16.620" E (GPS coordinates derived from Google Earth) and an elevation of 390 feet above sea level. The area comprises of five villages from varying elevations and is primarily inhabited by the Chakma community. There are 269 households in the region, primarily relying on Jhum cultivation, agriculture on fringe lands, and seasonal labor for their livelihoods, with an average annual household income of BDT 96000 (approximately US$ 1132). About 76% of the community consider themselves under serious threat from the effects of climate change, while 24% have limited understanding of the issue. Approximately 20% of the respondents believe that their livelihoods will be mostly affected by climate change, while 78% identified multiple impacts including health, disaster intensity, family workload, and more. The region is also facing severe soil erosion caused by deforestation, incorrect agricultural practices, and the monoculture of forest species such as teak. The community is at risk from agricultural drought, flash floods, landslides, cyclones, among other things, with the most impacted months being March to August.Climate drivers in the area include erratic rainfall, sudden heavy downpours, increased number of rainless days, and rising temperatures. Acute water scarcity caused by the drying of streams is another major concern for the community and has a widespread impact on women and their families. The most vulnerable sectors identified are the forest and ecosystem, livelihoods, and water security.Approximately 75% of the population is literate and has access to educational institutions and health clinics. However, the environment is fragile. To address this, there are three main priorities: 1) preserving the forests through cooperative efforts, reforestation, and public education, 2) promoting sustainable and climate-resistant agriculture, as well as alternative livelihoods and market access, and 3) improving access to clean water and preserving water sources through community-led management. Key stakeholders, such as the CHT institutions and local government bodies, are crucial in supporting the community in becoming more resilient to the effects of climate change.

Factors Contributing to Teachers’ Self-Efficacy: A Case of Nepal

A key issue for teachers working in public secondary schools in Nepal is their confidence in their capability to complete the tasks associated with their professional activities. With this consideration, a study was carried out to explore the factors contributing to Nepali teachers’ self-efficacy. To find out the factors, the study administered the NTSE tool, developed through the e-Delphi technique. A sample of 390 public school teachers was drawn from a population of 3427 teachers in the Kathmandu, Lalitpur, and Bhaktapur districts of Nepal. A cluster sampling technique was used to draw a local government body in each district. The exploratory factor analysis (EFA) was applied using a principal component matrix with varimax rotation. The EFA extraction was further validated by confirmatory factor analysis (CFA). The study found four factors, viz., efficacy in student engagement and efficacy in instructional preparation, which contribute to teachers’ self-efficacy in Nepali public schools. The study helps streamline teachers’ self-efficacy as a key psychological construct in their professional development opportunities, directly impacting students’ academic learning and achievement.

Niektóre aspekty rozwoju polskiego i czeskiego ruchu robotniczego

The cooperation of Polish and Czech communists on the Sudeten Borderland has been going on for many years, it has had various stages and intensities. The most diverse and massive one was in the period of the Polish People’s Republic and socialist Czechoslovakia, when it included not only individual and family contacts. The mass cooperation included workplaces, schools, universities and other colleges, local government bodies, and numerous social organisations. It contributed to overcoming numerous, often negative, stereotypes among Poles and Czechs. Later, after the introduction of martial law in Poland, it collapsed. Political changes came and the borders were opened again, but today, it is no longer massive and organised. Individual and sometimes family contacts dominate, cross-border trade is flourishing, e.g., Czechs willingly come to the markets in Kudowa, Kłodzko, etc. On the other hand, Poles are willing to take up jobs nearby and more distant Czech workplaces. An interesting phenomenon of this cooperation are various meetings and party-political events undertaken on the Czech border by Polish and Czech communists, as well as representatives of other left-wing social organisations. This manifests itself in regular visits (usually twice a year), participation in mutual events, e.g., on the occasion of May 1, Liberation on May 8–9, as well as in active participation in socio-political, historical, and other conferences. There is also systematic mutual information on the Internet, exchange of magazines, posters, even participation in international events in the Giant Mountains, Trutnov, Hradec Králové, and even Prague. Czech comrades pay visits to the Polish side of the border. They are interested in the further development of events in our country. Recently, Polish comrades have taken the stand for the Czech candidate of the Central Committee of the Communist Party of the Republic who was persecuted by the regime and who, along with two other comrades, was put in the dock of a court in Prague and convicted of the alleged “Katyn lie”. Other issues of the article concern the analysis of the historical background of Polish-Czech relations in the distant and recent past.

System of authorities of executive government bodies and local government bodies

System of authorities of executive government bodies and local government bodies

Вплив держави на інститут служби в органах місцевого самоврядування в Україні

Вплив держави на інститут служби в органах місцевого самоврядування в Україні

Представитель власти в уголовном праве

The representative of the authorities concept in the criminal law of the Russian Federation is researched. Being key for a significant number of crimes, understanding its essence, content, and specific features eliminates problems in the process of qualifying socially dangerous acts. The definition is analyzed taking into account the judicial interpretation that has emerged in Russia, contained in a number of the Russian Federation Supreme Court Plenums’ decisions. The features, prerequisites and the concept transformation patterns in criminal legislation are structured, taking into account the method of historicism. Various scientific approaches are studied and summarized, during which specific differences are established. The author’s definition is proposed, indicating key features, including the legality of the performance of duties, the limits of the exercise of power, and the generation of legal consequences. The approach to the dual understanding of a representative of the authorities is substantiated. The crimes provided for in Chapter 30 of the Criminal Code of the Russian Federation (against state power, the interests of public service and service in local government bodies) reveal the essence of a representative of the authorities as a function. For crimes regulated by Chapter 32 of the Criminal Code of the Russian Federation (against the order of management), a representative of the authorities is defined as an official. Understanding a representative of the authorities as a function and as an official eliminates the contradictions existing in doctrine and judicial practice, since in one case the representative of the authorities acts as a subject of a crime, in another as a special victim.

Special Economic Regime as a Means of Conflict Resolution in the Temporarily Occupied Territories of Ukraine

Over the past nine years, the Ukrainian economy has been developing in the context of partial occupation of its territories, violation of human and civil rights and freedoms, and seizure of state property. On February 24, 2022, a neighboring state invaded Ukraine, which led to the introduction of the legal regime of martial law in Ukraine. In the article, the author identifies the main approaches to regulating the economic situation in the temporarily occupied territories and determines what the State’s policy should be after their de-occupation. The author also examines the content and features of the concepts of occupation and de-occupation. The concept of Ukraine’s state policy on the temporarily occupied territories requires a detailed analysis, primarily of its legal framework, institutional mechanism, identification of problems and outlining of ways to solve them. This requires scientifically balanced and well-founded approaches, timely, coordinated and predictable actions by the public authorities of Ukraine, and consideration of positive international and national experience. The impact of the martial law regime on almost all spheres of public life, all areas of state policy, the legal framework and institutional structures for the implementation of state policy, and the forms and methods of work of state and local government bodies is obvious. There is a natural need to improve a significant number of existing legal acts of Ukraine and adopt new ones in this area. It is important to expand the range of entities responsible for ensuring the de-occupation of the temporarily occupied territory of Ukraine. The author emphasizes the need to define a system of legal means which can form the basis of a special economic regime both in the temporarily occupied territories and in the de-occupied territories. It is also important to eliminate the imbalances in the development of different regions of Ukraine, as well as to determine the priorities for restoring the economic system in the de-occupied territories.

Modernization of Financial Legislation in the Context of the 2020 Constitutional Reform

In 2020, the Constitution of the Russian Federation was supplemented with a number of fundamental provisions that became a guideline for the modernization of various branches of Russian legislation, including financial. The purpose of the article is to determine the directions of transformation of the Russian financial legislation due to the adoption of the Law on the Amendment to the Constitution of the Russian Federation. Research objectives: identification, systematization and analysis of changes in financial legislation in the context of the constitutional reform of 2020; their legal assessment, including for sufficiency; formulation of proposals for further modification of financial legislation in order to more fully and effectively implement constitutional innovations. When writing the article, formal legal, comparative legal, historical and other research methods were used. An analysis of the amendments to the Russian Constitution of 2020 showed that, in general, the public finance system and the basic principles of its functioning, including the powers of state and local government bodies in the financial sphere, have not undergone significant changes. At the same time, constitutional innovations, in particular, the creation of a unified system of public power, the transformation of the system of separation and interaction of authorities, etc., if not directly, then indirectly, to a greater or lesser extent have had and continue to have an impact on the development of financial legislation, and above all on its structural elements such as budget, tax legislation and legislation on state financial control. In the course of the conducted research, it was found that not all the novelties of the Russian Constitution related to the sphere of public finance entail the emergence of new expenditure obligations of public legal entities and the transformation of financial legislation. The risks of constitutional novelties for financial legislation are identified and assessed; the necessity of monitoring the implementation of new provisions of the Russian Constitution in financial legislation is substantiated.

Local government bodies as subjects of strengthening public participation in Ukraine

Local government bodies as subjects of strengthening public participation in Ukraine

O lokalnoj samoupravi i njenom ustavno-pravnom položaju u Srbiji

Local self-government is a form of decision-making and governance in local communities established on smaller parts of state territories. It is exercised either directly by its citizens, or by their elected representatives, as well as by other local bodies. The local authority, executed by local bodies, theoretically represents the government of citizens in local communities. Local self-government can be considered as the basic organization of power, and the history of constitutionalism cannot be imagined without it. In this paper, the authors first present the basic characteristics of self-government. These include: 1) the existence of a defined scope for certain local self-government activities, executed by local government bodies without interference from the central government; 2) citizens' entitlement to choose their representatives in local communities through direct elections or to be directly involved in making decisions on important topics of interest to the local community; 3) local institutions' independence in terms of their organization and personnel; 4) local self-government having its own independent financing sources (taxes, own property); 5) local autonomy protected by the constitution and laws to ensure the unobstructed work of local self-government. In this paper, the authors analyze the elements of the constitutional position of local self-government in Serbia, including its concept, the method of decision-making, jurisdiction, the right to self-organization, and the protection of local self-government.

Efficiency of provision of administrative services by local government bodies: administrative and legal aspect

Efficiency of provision of administrative services by local government bodies: administrative and legal aspect

МАҲАЛЛИЙ ДАВЛАТ ҲОКИМИЯТИ ОРГАНЛАРИДА БОШҚАРУВ САМАРАДОРЛИГИНИ ОШИРИШНИНГ ХОРИЖ ТАЖРИБАСИ

This article analyzes the management structure, peculiarities and effectiveness of local government bodies in foreign developed and developing countries.As a result of the conducted analysis, proposals and recommendations were developed for the implementation of some aspects of the policies of foreign countries aimed at increasing the efficiency of management in local government bodies in Uzbekistan.

Культурно-правовой феномен В.Г. Баева (в память об ученом, преподавателе и общественном деятеле)

The main stages of the life path of Doctor of Law, Candidate of Historical Sciences, Professor Valery Grigoryevich Baev are highlighted. His contribution to the development of education in the Tambov region was noted both in the course of scientific, pedagogical activities, and as a result of administrative work in state and local government bodies. Attention is paid to the applied V.G. Baev pedagogical methods based on the interactive format of the relationship between the teacher and the student, the involvement in the educational process of the most prominent representatives of practical jurisprudence, as well as Russian and foreign scientists, the use of works of fiction and cinematographic art to discuss ethical issues of professional activity of a lawyer. In particular, it was noted that practical classes became a platform for scientific discussions, as well as discussions of ethical problems of the legal profession, when each student in the group was a participant in them, and the axiological approach to the study of law formed an awareness of its unconditional authority and significance, which happened through acquaintance with the world masterpieces of domestic and foreign literature and cinematography, helped education of a comprehensively developed personality. The scientific works of the scientist devoted to the peculiarities of German constitutionalism of the second half of the 19th – first half of the 20th century are analyzed.

Case Studies of the Belitong Geopark as a UNESCO Global Geopark: Evaluating Geosites for Geotourism Development

Despite Indonesia's abundance of diverse geological features, the country has yet to fully acknowledge and exploit its potential for promoting geotourism. The present study assesses the capacity of a specific geotourism site, namely the Belitong Geopark located in the Belitung archipelago, which attracts a significant number of visitors. In this study, we present a methodology for evaluating the developmental prospects of geotourism locations through the utilization of three distinct forms of analysis. Initially, a quantitative assessment was conducted to determine the numerical worth of diverse attributes of the locations deemed significant for the advancement of geotourism. These characteristics included the added value that non-geotourism features contributed in addition to their scientific, tourism, and conservation values. Tourism can be a major source of income for the local community, but it is important to ensure that it is sustainable and does not damage the environment. The development of geotourism on Belitung Island could be facilitated through a collaborative effort between local communities, governmental bodies, and academic institutions through a private-public partnership.

On the authorization of the central and local executive government bodies to ensure the rights and freedoms of internally displaced persons

On the authorization of the central and local executive government bodies to ensure the rights and freedoms of internally displaced persons

Features of the Legal Regulation of the Functioning of Local Government Bodies During the Period of Marital State in Ukraine

Features of the Legal Regulation of the Functioning of Local Government Bodies During the Period of Marital State in Ukraine

Implementation of the experience of the countries of the European Union in issues of administrative and legal regulation of the activities of local government bodies of Ukraine

Implementation of the experience of the countries of the European Union in issues of administrative and legal regulation of the activities of local government bodies of Ukraine