Local Self-government Bodies Research Articles

INTERMUNICIPAL COOPERATION AND DEVELOPMENT OF COMMUNITIES IN THE POST-WAR PERIOD

The article is devoted to the problems of inter-municipal cooperation, practical foreign experience of administrative-territorial reform. The experience of European countries shows that local self-government bodies are endowed with broad powers in the field of spatial development. The aspect of the delegation of powers of European countries, the peculiarities of the functioning of the municipalities of France, the Netherlands, and the communes of Spain are considered. Attention is paid to the statistics of concluded agreements between communities from 2016 to 2023, the issue of concluding cooperation agreements is highlighted. The author examines the financial capacity of communities in the economic crisis, taking into account the changes to the Budget Code of Ukraine regarding the creation of the Rural Development Fund. Advantages for communities that participate in cooperation due to pooling of resources and delegation of authority are analyzed. The main risks that stand in the way of fruitful cooperation are identified: the insufficient level of competence of the heads of territorial communities; low legal education of representatives of local self-government bodies, which in turn is an obstacle when choosing a form of cooperation and legal drafting of agreements; budget conflicts of communities, which thereby create unreliable conditions for more capable communities when pooling resources with less capable communities. An assessment of the potential of community cooperation, indicators related to security issues, and an increase in the population share due to the influx of temporarily displaced persons during the war period was provided. Based on the best domestic and foreign practices, recommendations for communities were formed, which will be useful for further inter-municipal cooperation.

Issues of state and public administration at the regional level in the context of the subject «Innovation Management»

The issue of public administration at the regional level was considered in the context of the subject «Innovative Management». The development of local self-government is of great importance for Ukraine and its population. The territorial community is the main subject of local self-government, which has its own functions and powers. The main role in management is performed by local self-government bodies that interact with state administrations. Regional military administrations have become key in the system of coordination and management of military issues at the regional level. The public plays a significant role in military administration and ensuring national security through active participation in public administration.

Местное сообщество как институт гражданского общества и субъект местного самоуправления: публично-правовые аспекты

In the light of recent constitutional and legislative innovations regarding the legal regulation of civil society as a whole, and in particular of its individual public law institutions, as well as the legal position of the Constitutional Court regarding the recognition of the local community as a subject and source of local self-government, the concept and content of the legal definition of “local community” as a category are analyzed the sciences of municipal law and the legal institute of the eponymous branch of law. In order to clarify the concept of a local community as a subject of local self-government and formulate proposals for its legal regulation in the current legislation, the main elements (institutions) that make up its structure are highlighted, as well as the forms of interaction of the local community with local self-government bodies.

Основные подходы к формам взаимодействия органов публичной власти

State authorities and local self-government bodies interact with each other in various forms and, since in accordance with the Constitution of the Russian Federation such interaction is charged to them, the article discusses the main forms of interaction between state authorities of the subjects of the Russian Federation and local self-government bodies in compliance with the requirements of regulatory legal acts, as well as initiative forms interactions. At the same time, the existing approaches to the forms of interaction of public authorities are summarized and the author's approach to the forms of interaction of public authorities in the implementation of their powers is given.

Участие субъектов Российской Федерации в решении задач местного самоуправления

The article reviews forms of participation of state authorities in solving the problems of local self-government in the context of public authority reform in the Russian Federation. We describe the powers of public authorities of regions in the field of legal regulation of local self-government. We demonstrate the tools for delimiting the competence of the regions and local self-government. We analyse the mechanisms of participation of state authorities in the formation of local self-government bodies. We determine the role of subjects of the Russian Federation in interbudgetary relations. We identify and characterize various types of financial support measures for municipalities. The advantages of legal regulation mechanisms and legislative conflicts are revealed.

О возможности выдела в натуре доли в праве общей долевой собственности на здание или сооружение

The article analyzes the provisions of the Civil Code of the Russian Federation on the right of a participant in shared ownership to allocate in kind his share in common property. The author brings up for discussion the question of what prohibitions and restrictions are established by the legislator on the formation of certain types of immovable things by allocating in kind a share in common property. Examples of judicial acts on disputes on the allocation of a share in kind from an immovable thing that is in common shared ownership, including those issued on claims of local self-government bodies, are given.

METHODOLOGICAL ASPECTS OF ASSESSING THE GENDER IMPACT IMPLEMENTATION OF THE TERRITORIAL COMMUNITY DEVELOPMENT STRATEGY

Purpose. The purpose of the article is to substantiate the main aspects that form a methodological approach to assessing the gender impact of the action and implementation of the Territorial Community Development Strategy. Design/methodology/approach. Semantic analysis, comparative analysis and the systematisation method were used to form a system of gender-sensitive indicators; the grouping method and structural and logical modelling were used to develop a rationale for the sequence of gender impact assessment. The abstract and logical method was used to formulate conclusions and theoretically summarise the results of the study. Findings. The main task of conducting a gender impact assessment of a community development strategy is to determine whether certain programmes or development processes have contributed to or hindered the implementation of gender equality principles in the community. Based on the analysis of scientific and methodological sources, the article presents the gender impact assessment as a set of mutually agreed stages. At the first stage, the goals, principles and target groups of gender-sensitive groups are established. A gender analysis is conducted to identify existing gender roles and the challenges and obstacles to equal participation that they pose for gender-sensitive groups. The development of a gender-responsive methodology includes the creation of a system of methods, rules, principles and approaches aimed at assessing gender equality and determining the impact of a particular community development strategy on gender aspects. In order to assess gender impact, the article develops a system of gender-sensitive indicators. Presentation of the results, conclusions and recommendations in the gender impact assessment of the action or implementation of the community development strategy is the final stage. At this stage, a detailedpresentation of the information obtained is made, and the main conclusions are formulated regarding the identified gender inequalities and the specifics of the impact of the programme document on gender-sensitive groups. The results of the assessment and recommendations can be made public to the public and other stakeholders, and public discussions and hearings can be organised, as well as consultations with residents of the local community to ensure broad participation and involvement of different groups. The developed conclusions and recommendations are usually documented in the form of a report. The proposed methodological approach to gender impact assessment was tested on the data and information contained in the Development Strategy of Velyky Bychkivska settlement territorial community for the period up to 2027. The Velyky Bychkiv territorial community is located in the Rakhiv district of the Zakarpattia region of Ukraine. Practical implications. The practical implications encompass the development of a more effective methodological approach for assessing gender impact within the context of territorial community development strategies. This contribution holds significance for local self-government bodies, governmental entities, activist groups, and other stakeholders involved in the process. Implementing the proposed methodological approach has the potential to enhance the overall management of territorial development, ensuring a more efficient consideration of gender aspects in decision-making processes. Moreover, it can contribute to heightened gender sensitivity among participants involved in the decision-making process, fostering a more inclusive and equitable approach to strategic community development. Originality/value. The originality and value of the article lie in its innovative methodological approach to evaluating the gender impact of implementing the Territorial Community Development Strategy. The article introduces a comprehensive framework that not only identifies and analyzes gender-specific factors at various stages but also offers practical recommendations for addressing gender inequalities within the context of community development. This contribution adds unique insights to the existing literature by providing a nuanced and context-specific methodology tailored to the intricacies of territorial community development. The article's value extends to practitioners, policymakers, and researchers engaged in gender-responsive planning, offering a practical tool to enhance the effectiveness and inclusivity of strategic development initiatives

КОНЦЕПЦІЯ КООПЕРАТИВУ-ЛОКАЛЬНОЇ МІКРОМЕРЕЖІ ВДЕ ЯК ІНСТРУМЕНТ ІНКЛЮЗИВНОГО РОЗВИТКУ І ПІДТРИМКИ ЕНЕРГЕТИЧНОЇ БЕЗПЕКИ УКРАЇНИ

The article analyzes the prerequisites and presents the motivational grounds and concepts of creating digital platform cooperatives (DPs) as the basis for the formation of local microgrids of renewable energy generation (LMREG). The cooperation of small local RES producers, "Platform Cooperativeism", is considered as a tool of inclusive development, an alternative to "Platform Capitalism" as a result of the monopolization of markets by platforms - digital intermediaries.An overview of research on the development of cooperation of small REG producers is presented. The reasons hindering its development in Ukraine have been revealed. Attention is focused on the potential advantages that can be created by the use of the cross-subsidization effect inherent in the DP for the development of LMREG based on DP cooperatives. The structural and functional scheme of the cooperative DP of LMREG is proposed. Its structural components include the CPU core, the local self-government body, groups of legal entities and individuals - prosumers, who combine the roles of producers and consumers of electricity, as well as investors who invest in the development of the cooperative but do not have their power-generating equipment. The functional component provides generation, accumulation, and distribution of energy flows, their monitoring, data accumulation and analysis, algorithmic control and balancing of the state of the microgrid, provision of data for mutual calculations between its participants, and interaction with the unified energy system of Ukraine. The motivational reasons for participation in the Cooperative-DP of various groups of power generation equipment owners are analyzed. The possible consequences of the formation of the DP core - LMREG on a commercial basis are characterized.

Особливості формування лідерських компетентностей державних службовців

Effective activity of public authorities guarantees socio-economic development and effective functioning of the state as a whole and individual territorial-administrative units. The question of the competencies of civil servants in this aspect comes to the fore since the effectiveness of their work, the level and quality of the provision of administrative services, ensuring the functioning of the social sphere, the implementation of various development and cooperation programs, etc. will depend on them. In the context of the modern administrative reform in Ukraine, announced by the President, leadership becomes the leading element of the success of the further development and modernization of the civil service and service in local self-government bodies. That is why the development of public managers’ leadership competencies is considered a systemic phenomenon built based on analysis, assessment, and plan formation, with further development prospects by the position held and its level in the organizational system of the civil service. The issue of defining leadership competencies, their assessment, and various methodological approaches to their development allows us to assert the imperfection of the existing system. Nevertheless, the training of leaders-managers should be based on the principles of systematicity and analyticity, on clear and reliable theoretical and logical-methodological provisions. At the same time, identifying and training leaders is a complex process that should be considered as one of the specific types of psychological and pedagogical activity. Moreover, in this sense, the problem of organizing the training of leaders is closely related to the systematic selection of rational methods and methods, methods, and pedagogical technologies adequate to the goals and expected results. After all, leaders’ professional training and personal development should first be aimed at their future practical activities, in which the training results will be realized. Keywords: competencies, leadership competencies, public service, competencies of civil servants.

THEORETICAL ASPECTS OF THE ADMINISTRATIVE SERVICES ORGANIZATION IN LOCAL GOVERNMENT BODIES

The article examines the scientific and theoretical aspects of the organization of social protection of low-income groups of the population in local self-government bodies; the concept of administrative services, their place among other public services and the main problems of obtaining administrative services from the point of view of service consumers are characterized. It was determined that almost all citizens are required to receive certain administrative services (for example, regarding birth registration, residence registration, obtaining a passport, etc.), and some administrative services have a smaller number of consumers. It was established that the understanding of the category "administrative service" consists in creating convenient conditions for a person's communication with public administration bodies in the broadest category of cases. The concept of administrative services and their types is characterized:. state services, municipal services, non-administrative services.

Lack of Administrative Procedural Legal Capacity as a Ground to Recognize an Administrative Claim as not subject to Consideration in the Courts

The paper is devoted to examination of issues of identifying administrative procedural legal capacity of persons named as parties to a dispute in an administrative statement of claim, and the consequences of the lack of administrative legal capacity. The main attention is paid to identifying the administrative procedural legal capacity of someone who is named in the administrative statement of claim as a subject with public authority (meaning a state authority, another state body, a local government body, an official, a state and municipal official). As the author highlights, administrative procedural legal capacity of the bodies of state power specified in Part 1 of Article 5 of the Code on Administrative Procedure (CAP) of the Russian Federation, other state bodies, local self-government bodies, their officials as their ability to be parties and interested parties in an administrative case is predetermined by their administrative capacity and legal capacity, and the administrative capacity and legal capacity of these persons are inseparable and together they represent their competence. This allows the author to conclude that the condition for recognizing administrative procedural legal capacity for these persons is that they have competence in a certain public sphere. Lack of administrative procedural legal capacity should be recognized as one of the instances when an administrative statement of claim is not subject to consideration in courts and as one of the grounds to reject a claim under Paragraph 1 of Part 1 of Article 128 of the CAP of the Russian Federation.

Concept of principles of administrative proceedings and their system

The article defines the principles of administrative proceedings. Attention is focused on the fact that ensuring consideration and resolution of public-law conflicts, which are the subject of an appeal to an administrative court, should be based on the application of the established system of principles of administrative justice. It is noted that without observing the principles, it is impossible to achieve the unity of judicial practice. The author substantiated that the meaning and essence of the principles of administrative proceedings in the modern conditions of European integration must be considered by comparing them with the category of principles of law and principles of public administration.
 Conventionally, the principles of administrative proceedings in the system of principles of law are classified as sectoral and inter-sectoral principles. The author justifies that the principles of the judiciary should be understood as guiding principles (ideas), the implementation of which helps to solve the tasks of the judiciary, to ensure the effectiveness of its means and methods. Administrative justice is characterized by the presence of special tasks, the main of which is the protection of human and citizen rights and freedoms against the arbitrariness of officials and officials of state authorities and local self-government bodies. It is the principles of the judiciary that must be implemented in a close relationship and interdependence; only the unity of implementation of judicial principles determines their ability to properly settle public legal disputes and conflicts. Each principle of administrative justice has its own clear purpose regarding the organization and operation of courts. All principles are mutually conditioned, they cannot be considered without taking into account the general unity. They act together, closely intersect, pass into each other and flow from each other. This can be explained by the fact that all principles are united by one common goal, namely, the proper organization of judicial bodies and their effective activity. Taken together, all principles create a certain system of basic principles of administrative proceedings. The system of principles of the judicial process is a complex of grouped provisions, which are characterized by the unity of goals and tasks of a set of independent in their content, but interrelated and objectively determined principles, forming precisely in this set such a qualitative unity, without which the corresponding type of judicial procedure loses its sense. The principles of administrative proceedings are the basis for all other rules in the administrative process, and therefore there should be exactly as many of them as the present requires.

The role of Magdeburg law for the political, economic and cultural formation of Ostroh in the XVI-XVII centuries

The article examines the impact of the concept of Magdeburglawontheeconomic, political and cultural development of Ostrohin the 16th-17th centuries. The author establishes that today there are many issues which require through research and resolution, inparticular, the introduction of a clear division of administrative functions between state authorities and local self-government bodies, improvement of the system and structure of local self-government bodies, and creation of an appropriate legislative framework. It is believed that it is impossible to solve these problems without a clear and systematic analysis of the mainstages of formation of local self-government in the contex to historical data on Magdeburg law.
 The author establishes that Magdeburg law is a medieval type of law under which cities were partially exempted from the power of the central royal administration or the power of a feudal lord and, as a result, were able to self-governon a corporate basis. Thanks to the privileges of Magdeburg law, cities for the first time received self-government, their own mayor, mayor, councilors, shopkeepers, their own courts, and the right to create their own craftsmen’s shops.
 The article confirms the idea that Magdeburg law is perhaps the clearest evidence that Ukrainian cities form any centuries were in a single political, cultural and economic space on a par with the leading cities of Europe. This thesis is confirmed by the history of the Magdeburg in many centers of our country, including the largest educational center of sixteenth-century Volhynia, the legendary city of Ostroh. Despite the outstanding importance of Ostroh in the socio-political and cultural life of Ukraine at the turn of the Middle Agesand the Modernera, the formation of the Magdeburg in this city has long been misinterpreted due to the lack of historical sources. The adoption of the concept of Magdeburg law provided Ostroh with a unique opportunity to develop local trade and, most importantly, the educational sphere. A characteristic feature of Magdeburg law in Ukrainian cities at the end of the sixteenth century was the transformation of its norms due to the influence of current factors of socio-economic development, as well as ancient Russian traditions of urban organization and law. Thus, the Magdeburg law did not initiate a new process of establishing local government in Ukraine, but only modified to a certain extent the existing norms of life and management of local affairs.

Public administration in the field of health care peculiarities

The article examines the peculiarities of administration in the field of health care through the definition of the concept of public administration in the field of health care, its object(s), subject(s), and goals.
 It was determined that public administration should be understood as the activity of subjects of public administration, which consists in establishing, changing or terminating the rights and obligations of private individuals for the purpose of ordering and organizing social relations to implement the decisions of the legislative body. Public administration can be expressed through the adoption of normative acts, administrative acts, as well as the execution of legally significant actions.
 It has been established that in scientific works of legal direction and public administration, health care and the medical field are often considered as an object of public management (administration). However, for the purposes of legal research, the object of public administration is defined as the sphere or branch of health care in which various subjects interact: public authorities, health care institutions, patients, legal entities, medical workers, administration of institutions, etc. And the goal of public administration is to achieve the appropriate level of organization of activities of subjects in the field of health care. At the same time, the subjects of legal relations in the field of health care can simultaneously act as objects of administration, if the legal relations are considered from the standpoint of administrative and legal regulation.
 Accordingly, a health care institution is a separate object of public administration, which is directed to the goal-setting, organizing, as well as regulatory activities and influence of administration subjects (state bodies, local self-government bodies, administrations of the institutions themselves). Therefore, in the future research, the terms “administration (management) in the field of health care”, “administration (management) of a health care institution” will be used.

Legal relations in the field of civil status registration: analysis of legal facts

The article describes the peculiarities of registration of legal facts by civil registry offices. The author also analyses the main problems that arise during the registration of civil status acts for persons who are in the temporarily occupied territory and the territory of active hostilities. The article formulates the authors own definition of the category of legal fact, and also defines the category of administrative act; in the context of the topic under study. It is also emphasised that legal facts are registered by a specially authorised body of state or local self-government, which summarises the said action by issuing an administrative act of individual action.
 The author comes to the conclusion that today Ukraine has formed a system of registration by civil registry offices. However, due to the introduction of martial law in Ukraine, citizens of Ukraine who are forced to reside in the temporarily occupied territory and the territory of military operations cannot properly use the services of the civil registry office. Unfortunately, the State's efforts to facilitate the registration of legal facts by these persons have not yet been crowned with significant success.
 The author believes that it is necessary to develop a strategy for improving the current legislation in the field of civil registration of persons residing or temporarily residing in the temporarily occupied territory and the territory of military hostilities.

Comparative legal analysis of language use regulation in Ukraine and European countries

The article analyses the functioning of the State language in the public authorities and local self-government bodies of Ukraine, pays attention to the ensuring by the Constitutional Court, the Supreme Court, local and appellate courts of the rights of a person who does not know the State language or speaks sign language, considers the implementation of functions by civil servants to ensure fundamental human rights and freedoms, and also examines the issue of observance of the fundamental language rights of national minorities in Ukraine, in particular in the territory of the Autonomous Republic of Crimea, for review. A comparative analysis of the functioning of state languages in European countries was also carried out. The author examines the use of the state language when submitting appeals, emphasising that from now on, the Law of Ukraine «On Administrative Procedure» is the legal act regulating the language of citizens’ appeals, according to which a person may submit the necessary documents for the proceedings in the state or another language, but in this case, the person is obliged to translate the appeal into Ukrainian. Cases of conflicts between the old and new legislation in the field of filing appeals are identified. The author analyses the regulatory and legal ways to ensure the implementation of functions in such public spheres as education, science, culture, sports, labour relations, television and radio broadcasting, print media, book publishing and distribution, advertising, healthcare, office work, and document management.
 The author focuses on the legal framework of the European Charter for Regional or Minority Languages in terms of protection of the rights of national and ethnic minorities. The author examines the issues of language policy in different countries, in particular in Spain, Switzerland and France, and in the context of protection of the rights of national and ethnic minorities, and concludes that the trend in most European countries is to try to balance the protection of minority rights and preserve linguistic diversity in the context of each country. The author emphasises that the State language plays a crucial role in the formation of the nation and the functioning of the State, primarily through its communicative, identification, ethnic and other functions.

To the definition of the concept of «public formation»

The article is devoted to the legal nature of public formation and the problem of determining the appropriate definition. The essence of public formation as an independent institution of public society is analyzed. A comparison and comparison of the concepts «participant in civil relations» and «public formation» was carried out. The definition of public formation and types of public formations given in the sectoral regulatory legal act: the Law of Ukraine «On State Registration of Legal Entities, Individual Entrepreneurs and Public Formations» – political parties, public associations, professional unions and their associations – is characterized, creative unions, permanent arbitration courts, employers’ organizations and their associations, separate divisions of foreign non-governmental organizations, representative offices, branches of foreign charitable organizations. A conclusion was drawn on the division of public formations into those that have the status of a legal entity, and public formations that do not have the status of a legal entity. It is noted that there are such terms synonymous by their legal nature in the field of accounting of public entities as «state registration», «legalization» and «accreditation». The information on the types of public formations that must be entered into the Unified register of public formations – an electronic database containing information on the relevant legalization (registration) – has been analyzed. Attention is focused on the fact that we are talking about political parties; NGOs; trade unions, trade union organizations; employers’ organizations, associations of employers’ organizations; all-Ukrainian, local associations of credit unions; charitable organizations: all-Ukrainian, international, local charitable organizations, branches, branches, representative offices of all-Ukrainian, international charitable organizations; creative unions; Chambers of Commerce and Industry: Chamber of Commerce and Industry of Ukraine, Chamber of Commerce and Industry of the Autonomous Republic of Crimea, regional Chambers of Commerce and Industry; permanent arbitration courts; associations of local self-government bodies. Since the current national legislation does not contain a definition of public formation, based on the results of the research, such a definition of public formation is proposed as an organization that is created and functions in order to satisfy various public rights and interests.

An Individual Rehabilitation and/or Habilitation Program for Children with Disabilities (IPRH)

Introduction: The individual program of rehabilitation and (or) habilitation of children with disabilities (IPRH) is mandatory for execution by the relevant state authorities, local self-government bodies, as well as organizations regardless of organizational-legal forms and forms of ownership. Objective: To conduct a pilot analysis of the implementation of the IPRH contingent of patients of children with disabilities in an urban children’s clinic. Patients and methods: There were 366 reports on the implementation of measures provided for by an IPRH for a disabled person (disabled child) of 222 disabled. The organization of the study was in the nature of a continuous sample. The criterion for the inclusion of patients in it was the passage of an IPRH in a disabled child within a specified time frame. The following techniques were used: grouping, absolute and relative values, average values, detailing, and generalization. The threshold error probability for statistically significant differences was set at a level of 0.05. Results: The structure of the results of the control of the performance of IPRH in 222 disabled children according to the classes of diseases that caused the onset of disability (ICD) was as follows 1) G00-G99 - 35.47 ± 3.13%; 2) Q00-Q99 - 23.50 ± 2.77%; 3) 11.11 ± 2.05%; 4) C00-D48 - 10.25 ± 1.98%; 5) H60-H95 - 7.26 ± 1.67%; 6) M00-M99 - 2.99 ± 1.11%; 7-8) H00-H59 and P00-P96 - 2.14 ± 0.95%; 9-10) K00-K93 and S00-T98 - 1.29 ± 0.74% each; 11-12) I00-I99 and N00-N99 - 0.85 ± 0.60% each; 13-14) J00-J99 and L00-L99 - 0.43 ± 0.42% each. Conclusion: 1. In the structure of IPRH in 222 disabled children, according to the classes of diseases that caused disability (ICD), the following prevailed: 1) VI Diseases of the nervous system G00-G99 – 35.47%; 2) XVII Congenital anomalies, chromosomal disorders Q00-Q99 - 23.50%; 3) IV Diseases of the endocrine system, nutritional disorders, and metabolic disorders E00-E90 – 11.11%; 4) II Neoplasms C00-D48 - 10.25%; 5) VIII Diseases of the ear and mastoid process H60-H95 - 7.26%; 6) XIII Diseases of the musculoskeletal system and connective tissue M00-M99 - 2.99%; 7-8) VIII Diseases of the ear and mastoid process H60-H95 and VII Diseases of the eye and its adnexa H00-H59 - 2.14% each. 2. The effectiveness of medical rehabilitation of disabled children was as follows: 1) Improvement - 23.26%; 2) Stabilization - 74.88%; 3) Deterioration - 1.86%. Dynamic observation was carried out on 94.26% of disabled children, drug therapy - 77.32%, non-drug therapy - 66.93%, and other types of medical rehabilitation were received by 14.48% of patients. Reconstructive operations were performed on 11.26% of disabled children. 3. Prosthetics and orthotics were performed on 38.74% of disabled children. 32.43% of disabled children in need received sanatorium treatment, and 30.18% are currently in line to receive a voucher. For various reasons, 24.32% refused this type of rehabilitation; 3.60% of patients had contraindications at the time the voucher was provided. 4. The obtained research results become the initial everyday statistical tool for objectifying the process of rehabilitation of patients and determining the strength and means of a medical institution to monitor and successfully implement an individual rehabilitation/habilitation program for a disabled person

Экспертиза в гражданском судопроизводстве: некоторые проблемы

The article discusses the court’s evaluation of expert opinions in civil cases. It is established that since the issues for which an expert is involved in case proceedings, are not within the court’s competence, the evaluation of the expert opinion should be motivated. In case of disagreement with the expert’s conclusions, the court should provide a justification based on additional or repeated expert examinations. The text discusses the legal status of prosecutors, state authorities, and local selfgovernment bodies entering civil cases to give their opinion. It also addresses the significance of their opinions for the court. It suggests considering the opinions of prosecutors, state authorities, and local self-government bodies as evidence in cases. It also suggests treating the opinions of representatives of legal science as expert opinions. It is recommended to engage state expert organizations in civil proceedings as expert organizations.

The Role of State Control in the Implementation of Legislation on Local Self-Government

This study aims to identify and solve problems related to the implementation of legislation on local self-government through state control mechanisms. The current national legislation of Ukraine has several shortcomings in this area. The system of administrative courts is designed to resolve these issues. Control functions of the state about local self-government bodies can be subject to abuse of power, as evidenced by the lack of the expected efficiency. Moreover, the state currently exercises administrative, financial, parliamentary, and judicial control. It is proposed to single out public control as a separate form to eliminate the existing shortcomings of the practical application of the control functions of the state about local self-government. The lack of unity in the practice of applying the current rules of law on state control in this area shows that the problems related to the protection of local self-government bodies from state intervention have not been resolved. Local self-government bodies have only judicial means of protecting their independence from the state. This creates problems in ensuring balanced territorial development. Therefore, further research should focus on studying the possibilities of performing the control function in the field of local self-government not only by the state but also by the beneficiaries and civil society institutions.