Local Self-government Bodies Research Articles

Features of the types of control on the performance of electronic procedures in the activities of public administration entities

The scientific article highlights the essence of the types of control over the implementation of electronic procedures in the activities of public administration bodies, namely: parliamentary control; from the representative of the Verkhovna Rada of Ukraine on human rights; from the central bodies of executive power. The author substantiates the expediency of improving the legal regulation of the procedure for holding a preliminary meeting before the trial of the case. In particular, it is considered expedient to establish the terms of holding a preparatory meeting from the moment of receipt of an administrative claim, as well as to determine the cases when reconciliation of the parties is not allowed. It was established that the control carried out by local executive bodies has a much smaller scope, but is the closest to the controlled objects. The control powers of the said bodies within the scope of control over the provision of electronic services are enshrined in the Law of Ukraine «On Local State Administrations» (Clause 9 of Article 16). Part 1 of Article 28 of this law stipulates that in order to exercise the powers granted, local state administrations have the right, in particular, to conduct inspections of the state of compliance with the Constitution of Ukraine and the laws of Ukraine, other legislative acts by local self­government bodies. It was concluded that regional state administrations, within the limits of their powers, direct the activities of district state administrations and exercise control over their activities. Local state administrations control the implementation of the powers granted by law to the executive bodies of village, settlement and city councils by their executive bodies and village, settlement and city heads. It has been established that control over the exercise of delegated powers of executive bodies by local self-government bodies is entrusted to the relevant local state administrations, and in cases provided for by law, to ministries and other central bodies of executive power, their territorial bodies. Control is carried out by analyzing acts of local self-government bodies, providing local self-government bodies with information on the implementation of delegated powers of executive bodies, conducting inspections of the activities of executive bodies of village, settlement, and city councils. In addition, local executive bodies can create structural subdivisions to perform control functions.

The impossibility of providing an employee with a job as a new special ground for terminating an employment contract at the initiative of the employer: regarding the expediency of assigning it to the special grounds for dismissal

The introduction of martial law had a significant impact on all spheres of Ukrainian society. There was an urgent need to make changes to laws and other normative legal acts that establish the basic rights and freedoms of citizens and regulate the most important spheres of social relations. The attention of legislators also affected labor legislation, because in the conditions of martial law it became extremely important to ensure a balance between the needs of the state, the interests of employers and guarantees to employees. The study is devoted to the amendment of the Labor Code of Ukraine, namely, Article 41 of the said Code establishes a new additional ground for terminating an employment contract at the initiative of the employer with certain categories of employees under certain conditions - the impossibility of providing the employee with the work specified in the employment contract due to with the destruction (absence) of production, organizational and technical conditions, means of production or property of the employer as a result of hostilities. During the analysis of the new basis, the guarantees provided to employees upon such dismissal, the possibility of its application to officials, as clearly defined by law categories of employees of legal entities, state bodies, and local self-government bodies, were considered. Since the Labor Code of Ukraine was amended specifically to Article 41, which defines additional grounds for terminating an employment contract at the initiative of the employer with certain categories of employees under certain conditions, the interpretation of the terms «general» and «additional» was considered and attention was focused on the rationality of the use of the term «special». It is also noted that the new ground for termination of the employment contract at the initiative of the employer is not an addition to the adjacent or other ground, it is the same basic one, which provides for a certain procedure for termination, providing employees with the guarantees provided for by law, and concerns certain categories of employees, in particular, officials. During the study of a new ground for terminating an employment contract at the initiative of the employer, the question of the expediency of its attribution to special grounds for dismissal is considered, and attention is focused on justified propriety and the inclusion of the specified grounds for dismissal among the general grounds for dismissal, which are provided for in Article 40 of the Labor Code of Ukraine.

Functional assignment of local self-government bodies in the field of cross-border cooperation

Functional assignment of local self-government bodies in the field of cross-border cooperation

Implementation by local self-government bodies of state policy in the field of civil protection

Implementation by local self-government bodies of state policy in the field of civil protection

Методологічне та програмне забезпечення впровадження електронного документообігу на рівні місцевих бюджетів з використанням ІПК “Місцевий бюджет”

Introduction. The effectiveness of local self-government bodies directly depends on the availability of an appropriate information base and the possibility of using digital tools. In conditions of armed conflict, the implementation of electronic documents into the budgetary process at the local level becomes particularly important, as there is a significant risk of document loss and restricted access to them. Problem Statement. Currently, there is a lack of methodology and practice for electronic document circulation at the level of local budgets in Ukraine using corresponding software products. Purpose. The objective is to substantiate the possibilities of implementing electronic document circulation at the level of local budgets using the “ISC Local Budget” software. Methods. Bibliographic analysis, graphical methods, and analysis and synthesis methods were used. The research is based on the existing functionality of “ISC Local Budget” software which was put into experimental operation. Results. Normative documents regulating the main aspects of the budget process at the level of local budgets have been analyzed. It has been noted that they contain relevant provisions foreseeing the possibilities of implementing electronic document circulation. The authors demonstrate the process of electronic document circulation for budget process participants at the local level in “ISC Local Budget” software. Conclusions. The proposed methodology for implementing electronic document circulation in local self-government bodies using “ISC Local Budget” software is highly relevant, as it will contribute to simplifying and optimizing their activities, providing more efficient, transparent, and convenient interaction among participants in the budget process.

Functional purpose of local self-government bodies as a subject of ensuring the law enforcement function of the state

Functional purpose of local self-government bodies as a subject of ensuring the law enforcement function of the state

Организационно-правовые модели управления крупными городами: городской округ с делением на административные районы, не являющиеся муниципальными образованиями, и городской округ с внутригородским делением

This work is devoted to the consideration and analysis of management models of large urban districts from the point of view of territorial organization. The constant increase in the territory and population in large municipalities with the status of urban districts requires certain changes in the mechanism of exercising power. Currently, there are two models in the Russian Federation that define the territorial organization of government in urban districts. At the first, a unified system of local self-government bodies is maintained, and at the same time, administrative districts are created where territorial divisions of citywide bodies operate to improve the quality of management of individual parts of the city. The second involves the creation of a two-level structure of local self-government bodies, when inner-city districts are formed as independent municipalities with their own competence. The study found that when choosing any of these organizational and legal models, there are a number of features and nuances that affect the quality and nature of the exercise of power, which should be taken into account when implementing and adapting them.

THEORETICAL VIEWS ON THE ORGANIZATION OF LOCAL SELF-GOVERNMENT

This article shows the socio-political component of local self-government, its socio-political nature, as well as specific views related to its organization, the principles underlying its development. It is also explained that local self-government bodies are the main social institutions for performing comprehensive tasks of local importance, ensuring socio-economic, cultural-educational needs and legal interests of the members of this area.

The Process of Enlargement of Ra Communities, Problems, their Review and Further Development (On the Example of the Enlarged Communities of Lori Marz, RA)

The foundation of state administration and the execution of socioeconomic initiatives are heavily reliant on communities, whose efficacy is demonstrated by the steady and well-balanced growth of the state management system as a whole. The administrative territorial division carried out by the state, as an institutional system, ensures stable development and efficient management. This division serves as the foundation for the future formation and distribution of powers among local self-government bodies and state and territorial administration. It should be mentioned that the Republic of Armenia’s “On Administrative Territorial Divisions of the Republic of Armenia” law permits community units to be divided or united depending on metrics used to assess the efficacy of an ongoing process and the degree of predetermination of possible risks, consequences and obtained results. On November 10, 2011, the government of the Republic of Armenia approved the “Program for the consolidation of communities and the formation of intercommunity associations.” To summarize, we note that community consolidation is an already existing process, the progress and success of which depends on the results of the consolidation program as a whole. However, it is necessary to regularly and carefully calculate the possible negative consequences of the consolidation of communities and develop more effective measures to neutralize them. This is the only way to get positive results.

NATIONAL LEGISLATION GOVERNING ACCESSIBILITY TO DRIVING VEHICLES FOR PEOPLE WITH DISABILITIES

The analysis of normative legal acts and normative documents in the field of ensuring and implementing the rights and guarantees of persons with disabilities was carried out. Areas of improvement of domestic legislation regulat-ing the issue of accessibility to driving vehicles for persons with disabilities have been determined. National legal acts and normative documents related to the mentioned sphere can be divided hierarchically and by types as follows: Constitution of Ukraine; international treaties of Ukraine (conventions, multilateral and bilateral agreements, protocols); codes of Ukraine; laws of Ukraine; acts of the President of Ukraine (decrees); acts of the Cabinet of Ministers of Ukraine (resolutions, orders); acts of ministries and other central executive bodies (orders); acts of local state admin-istrations and local self-government bodies (orders, orders, decisions); normative documents (international, regional and national standards). The formation and implementation of state policy regarding persons with disabilities, including in the part related to the issue of their accessibility to driving vehicles, is carried out on the basis of the norms of the Constitution of Ukraine; Con-vention on the rights of persons with disabilities; laws of Ukraine, in particular “On the basics of social protection of the disabled in Ukraine”, “On the rehabilitation of the disabled in Ukraine”, “On social services”; National strategy for creat-ing a barrier-free space in Ukraine for the period until 2030, approved by the order of the Cabinet of Ministers of Ukraine of April 14, 2021 No. 366-р; Action plan for 2023-2024 for the implementation of the National Strategy for the creation of a barrier-free space in Ukraine for the period until 2030, approved by the order of the Cabinet of Ministers of Ukraine of April 25, 2023 No. 372-р; and other legal acts. Keywords: barrier-free, accessibility, legislation, driving a vehicle, a person with a disability.

International cooperation in public control of local governments: lessons for Ukraine

The purpose of this article is to examine the legal framework and general theoretical aspects of the formation and implementation of state policy regarding public control over local self-government bodies, comparing regulations in Ukraine and European Union member states. The study employs dialectical, synthesis, and theoretical analysis methods to investigate public control in Ukraine, and systemic-structural, formal-logical, and comparative-legal methods to compare public control practices in Ukraine and other countries. The research highlights that international experience is crucial for improving the functioning of local self-government bodies in Ukraine, and public control over their activities is a factor stimulating the improvement of the implementation of their powers. The need for all countries to coordinate and improve the legal framework for effective cooperation at the municipal level is emphasized. The study notes that under martial law in Ukraine, methods of public control over the functioning of local self-government bodies are limited. Based on the analysis of the aforementioned works, forms of international cooperation in the field of public control over the exercise of local power have been determined.

К вопросу о полномочиях и ответственности органов местного самоуправления как элемента единой публичной власти России

The harmonious development of local communities is an integral attribute of strengthening the rule of law in a State governed by the rule of law, builds a balance between public interests both nationwide and at the level of individual municipalities, taking into account the relevant territorial, social, ethno-confessional and cultural specifics. Local self-government bodies are the form of government closest to the population, where the nature of citizens' perception of state administrative influence as a whole depends on the quality of the built-up interaction with the population of municipalities. Therefore, it is extremely important to build an optimal model of the functioning of local self-government bodies in cooperation with state authorities at the federal and regional levels, as well as with the population, ensuring effective legal regulation of the relevant spheres of public relations. The article identifies general patterns of the specifics of the legal regulation of the activities of municipalities, and formulates proposals to improve the efficiency of work in this area of public relations.

ЗЕМЕЛЬНІ ПРАВОПОРУШЕННЯ: РОЗМЕЖУВАННЯ КРИМІНАЛЬНОЇ, АДМІНІСТРАТИВНОЇ І ДИСЦИПЛІНАРНОЇ ВІДПОВІДАЛЬНОСТІ

The constitutional principles of a democratic and legal state guide the development of Ukraine in the direction of people’s rule and a legal state. Therefore, the subsystem of legal norms regulating homogeneous relations in the sphere of public and state maintenance of law and order acquires special importance for the materialization of formal and declarative norms about a democratic and legal state. Therefore, it is relevant to substantiate the need to separate the rules (norms) of public (public) order and disciplinary responsibility for their violation from the branches of administrative legislation into a separate branch according to the postulates of law. It is appropriate that the state regulation of behavior in public (public) places should be set out in the Code of Public Order. And the norms regulating responsibility for land, forest, air, etc. misdemeanors were transferred to the basic codes regulating legal relations in the relevant spheres of socio-economic life. At the same time, the primary task is to update and reform legislation based on the postulates and axioms of legal theories. The formation and development of civil society, organized into a democratic, social, legal state, in accordance with the principle of popular sovereignty, leads to changes in the very essence of delictological legal relations, a return to the postulates of legal theory (in the context of revived natural law). The separation of prescriptions and sanctioned customs of public order into an independent branch of law by including public rules regulating this order in its institutions forms a system of norms of public legal order. The proposed differentiation and systematization of legal responsibility is the basis for bringing the legal system into compliance with the axioms of the theory of law (jurisprudence) based on the postulates of Roman civil law. This will contribute to the improvement of both public order, in particular, and the development of civil society institutions, democracy, and the establishment of the rule of law in general. As well as the humanization of legal responsibility, the spread of educational and psychological measures of social (moral) responsibility, the strengthening of the discipline of social coexistence, the education of citizens’ self-discipline as a component of individual legal awareness. The transfer of norms regarding the responsibility for land offenses of private law officials and citizens to the basic land code will allow to systematize and separate the norms regarding the direct administrative responsibility of public law officials (state authorities, local self-government bodies) for illegal actions (inaction), land offenses in the field of management. Key words: legal responsibility, criminal offense, administrative offense, land offenses, land offenses in the field of management, public order, public misdemeanor.

FEATURES OF TERRITORY MANAGEMENT DURING MARITAL STATE IN UKRAINE

The article discusses the current problems of territory management in the conditions of the Russian-Ukrainian war, which has been going on for two years. A description of the real state of territorial communities is offered, their problems caused by the war are outlined. A cluster model of the distribution of territorial communities depending on the situation during the war is presented. Possible ways of solving the main problems arising in the management of territories during martial law are determined. The article emphasizes that Russia's war against Ukraine, which has been going on for two years, has become the sharpest and most dangerous test of Ukrainian society since independence. Virtually all state and public institutions and organizations, government and executive institutions underwent significant changes in form and content. This especially applies to territorial communities, which, despite their short existence, have actually become the centers of the reconstruction of Ukrainian civil society on the lines of martial law. Territorial communities shouldered the main burden of volunteer assistance to the Armed Forces of Ukraine and territorial defense, reception and accommodation of forced migrants, provision of humanitarian aid, educational, medical, legal, communal services, organization of business and employment, as well as mobilization work. The article notes that under the conditions of martial law, the forms and content of territory management activities, in particular municipal management bodies, have changed: military-civilian administrations have appeared in regions and former districts. During the two years of the war, the functions and boundaries of the administrative activities of local self-government bodies were agreed upon, taking into account the challenges that were caused by the full-scale aggression of Russia. The article notes that the burden of the war had the greatest impact on the stability and vitality of territorial communities. Despite the fact that today it is generally possible to positively evaluate the administrative-territorial reform that was carried out on the eve of the war, territorial communities are in unequal conditions of life, have different possibilities of functioning, and require management decisions that are adequate to the real situation. The article emphasizes that the primary task at the moment is to improve relations between the central government and local self-government bodies, taking into account the actual military, economic, demographic, social, political, and humanitarian situation. We are talking about a significant expansion of the powers of territorial communities in all spheres of social life. It is impossible to rule in wartime by peaceful methods. This is all the more important because the administrative and territorial reform depends on the results at the front.

Ensuring the functioning of society in activities of local governments under the legal regime of martial law

The scientific article is devoted to the study of the activities of local self-government bodies during the period of martial law in ensuring the functioning of society, characterization of the concept, competence and features of local self-government bodies, and types of local selfgovernment bodies. The article examines the scientific and regulatory approaches to defining the most important functions of local authorities, in particular, ensuring the constitutional rights and security of citizens. Local self-government during the period of martial law faces many challenges on a daily basis. That is why this topic is extremely relevant and requires scientific substantiation and research. The decentralization reform has laid the foundation for the activities of competent local governments. However, the unjustified military aggression has changed the usual rhythm of work of regional and district councils, as well as local authorities. The peculiarity of this legal regime is the creation of temporary state bodies, including military authorities. They operate in parallel with autonomous local governments. However, there are cases when the military administration can assume the powers of local self-government bodies if the local council does not meet on time. Local self-government in Ukraine is a right guaranteed and enforced by the state and a territorial community – a voluntary association of residents of a village, villages or several villages, cities – to address local issues within the limits determined by the current legislation, may be formed independently or subordinated to officials and self-government bodies. Local self-government is designed to strengthen the foundations of the constitutional order of Ukraine, ensure the implementation of constitutional principles, human and civil rights, create conditions for meeting the vital needs and legitimate interests of citizens, and develop local democracy. During the legal regime of martial law, military authorities exercise the powers of local state authorities and part of local self-government bodies, as defined by the current legislation. Therefore, the role of local state authorities and local self-government bodies in ensuring the quality functioning of society is very important.

State control mechanisms as means of improving the quality of public services of local self-government bodies

State control mechanisms as means of improving the quality of public services of local self-government bodies

The Effect of Enlargement on the Indicators of Fiscal Decentralization of RA Communities

Fiscal decentralization at the local level is aimed at ensuring financial autonomy to strengthen the role of local self-government bodies. In fiscal decentralization, it is also important to clarify what powers are given to local governments so that they can determine their spending priorities and have some capacity to expand local revenue sources. The administrative-territorial reforms of RA, in particular, the enlargement of communities, is a new challenge from the point of view of the development and independence of the local self-government system of RA, but to have a well-established local self-government system, it is very important to increase both the absolute and relative indicators of the communities' incomes. The results of the analysis carried out in the communities of Armenia for 10 years show that the communities have a trend of steady growth of their incomes, which, however, is not always accompanied by an increase in the share of their incomes in the total incomes. The latter is because, despite the RA administrative-territorial reforms, the communities continue to be significantly dependent on the state budget. With the emphasis on the importance of assessing the impact of enlargement in communities after the RA administrative-territorial reforms, there is a need to introduce a methodology for calculating several indicators of fiscal decentralization in communities, which will take into account not only indicators at the local level but also other macroeconomic indicators characterizing the country's economic situation, such as GDP.

The newspaper 'Vinnytski visti' as a source on the activities of Ukrainian authorities under german occupation in 1941

The research aims to reveal the peculiarities of reflecting the activities of the Ukrainian authorities during the establishment of Nazi occupation in the local press ("Vinnytski Visti") and to indicate the source value of periodicals as an important resource for assessing the nature and competencies of local authorities in the Vinnytsia region. The research methodology is based on a comprehensive analysis of the complex phenomenon of press coverage of the activities of Ukrainian self-government bodies under occupation by a totalitarian regime. General historical methods of analysis and synthesis, comparison and generalization are used, along with content analysis and critique of periodicals as historical sources. The scientific novelty lies in analyzing a specific part of the periodical publication, focusing on the coverage of the complex of measures undertaken by Ukrainian local authorities in the field of administrative management, regulation of economic activities, social protection measures, and cultural life. This attempts, at the regional level, to reveal the true nature and functionality of the apparatus and activities of the Ukrainian authorities under occupation at its initial stage in 1941. Conclusions: Analyzing the publication "Vinnytski Visti" from September to December 1941, it is noted that the newspaper, as a periodical of local government, functionally had corresponding directions: providing the population with information about events in the world, country, and regional space; informing about the relations between the population and local authorities, introducing innovations in community life; explaining and commenting on the content of events and news, undoubtedly through the positions of the German occupation authorities and attempting to ensure their support by coordinating activities in various spheres of life, striving to ensure social consensus; despite the limitations of the occupation authorities, it popularized Ukrainian cultural heritage, called for the revival of folk traditions, and the eradication of the ethical practices imposed by the Bolshevik regime, while in the conditions of Nazi totalitarianism, it served as a mouthpiece for agitation and propaganda. The significance of the newspaper was particularly substantial in terms of informing about the renewal of the system of administrative management and fiscal policy, conducting mobilization measures, and organizing public events to arrange cultural and educational life in the community. The analysis of the newspaper as a source also shows the specificity of the powers of the local Ukrainian authorities, which, not being elected but appointed by the occupiers, had their own specifics. According to the procedure of formation, the local authorities were appointed, but in terms of powers, they corresponded institutionally to the functions of a local self-government body.

AUTHORITY OF LOCAL GOVERNMENT BODIES TO ENSURE THE ECONOMIC SECURITY OF THE COMMUNITY

The content of the scientific article corresponds to its title and consists in determining the powers of local self-government bodies to ensure the economic security of the community. It was emphasized that an important aspect of the effective provision of the economic security of Ukraine is an optimally constructed and functioning system of public administration bodies, whose activities, among other things, should ensure the economic security of the state, ensuring proper control of the implementation of the relevant policy. Subordination to political power, enforcement and application of laws are essential features of such a subject of public administration as local self-government bodies; activity in the public interest, the presence of the prerogative of public authority. The powers of local self-government bodies to ensure economic security include: obtaining from enterprises the necessary information about draft plans, mandatory coordination of enterprise plans; submitting proposals to projects on issues related to meeting the needs of the population; preparation of proposals for the privatization of municipal enterprises; receiving payment for land use; establishing cooperation with managers of enterprises of all forms of ownership in the direction of improving the state of development of the economic sphere of the region, analyzing and forecasting the development of the economic potential of the territory; development and implementation of models for the recovery of the local economy, entrepreneurship, diversification of production, etc. In order to improve the activities of military administrations in the field of ensuring economic security, along with the competences for ensuring national security, we suggest: streamlining the provisions of the legislation regarding their powers to make decisions on banning the trade in weapons, potent chemical and poisonous substances, alcoholic beverages and substances produced on an alcohol basis; to attribute to the competence of regional and district military administrations the authority to assist the activities of judicial and law enforcement bodies, bodies of the bar; carrying out joint analysis and holding meetings with the prosecutor’s office and other law enforcement agencies on security issues, in particular in the economic sphere in the relevant territory; participation in the preparation, approval and organization of the implementation of relevant regional and local programs. It is substantiated that the introduction of appropriate changes to the legislation will make it possible to standardize the principles and methods of activity of local self-government bodies and military administrations, to reflect the issues of responsibility and guarantees of legal status and, among other things, to formulate powers in the field of ensuring economic security.

VIEWS OF THE NATIONAL ELITE OF THE COSSACK ERA ON THE MONARCHICAL FORM OF GOVERNMENT

At the present time, when the Ukrainian state is going through a difficult process of defending its independence, it is important to study the historical origins of our statehood, which shows the process of state formation in Ukraine. Specifically, it is important to understand the historical experience of the Cossack statehood during the latter half of the seventeenth century, including the challenges it faced in terms of foreign policy and international relations. In the mid-17th century, Europe underwent a period of social and political development marked by the formation of national states and the establishment of bourgeois relations. Ukraine was not exempt from these pan-European processes. The Ukrainian liberation struggle aimed to create an independent Ukrainian state and introduce new social and economic relations based on small-scale (in fact, farmer-type) Cossack ownership of land. During the latter half of the 17th century, the Cossack state was divided between two forms of government due to the hetmans’ desire to establish a monarchy. However, the Cossacks’ senior officers (starshyna) firmly adhered to republican principles, primarily defending their own class interests. This article aims to elucidate the unique characteristics of the political culture of the Cossack officers and their inclination towards establishing a monarchical form of government. The article’s methodology is grounded in general scientific principles and methods of cognition, with the aim of providing an objective and comprehensive coverage of facts, events, and phenomena. It is based on the principles of historicism and objectivism in scientific research, which prioritize factual material and avoid subjective evaluations. The topic was approached using general scientific and specific-historical research methods. Sources and literature were analyzed and synthesized, research was structured using periodization, historical material was presented using problem-historical method, and similar indicators and facts were compared using comparative- historical method in the same historical conditions. Result: Yet even the monarchical tendencies were essentially democratic: the legitimacy of power, the public-law rights of Cossack officers, the preservation of local self-government bodies and legal procedures give all the reasons to assert that there were prospects for the development of the European-like monarchical form of government in the Ukrainian Cossack state of the second half of the XVII century. Conclusions: The knowledge gained from studying this topic can be used to prevent, forestall, or overcome various crises that inevitably arise during the determination of public policy in various areas of public life.