Charter Of Local Self-Government Research Articles

THE INFLUENCE OF EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT ON THE DEVELOPMENT OF UKRAINIAN MUNICIPAL LAW

Ukrainian State has made its historic choice in favor of European integration. The basic European values, of course, include developed local self-government, recognized and guaranteed by the state authorities. The European Charter of Local Self-Government has been the main European standard to which Ukraine has committed itself to recognizing and complying in recent decades. The European Charter of Local Self-Government, adopted by the Council of Europe on 15 October 1985 as a result of many years of work by various European bodies, remains as the main international legal document which sets standards for the organization of local government on the basis of local self-government. Theoretical views on legal nature of the European Charter of Local Self-Government from the standpoint of various branches of law are summarized, legal problems of the Charter implementation are identified and ways to overcome them are outlined. Level of municipal, administrative and legal culture, can be used for further research in this area and for educational purposes by pupils, students, local government officials, civil servants, deputies of local councils. Based on the sources and scientific literature we have studied, it can be argued that the European Charter has a multifaceted legal nature and is the subject of research by scholars in international, constitutional and municipal law which identifies national models of local self-government of the states that ratified it. For Ukraine, the Charter is a vector of further transformations of the local government system in the direction of building capable local selfgovernment.

Theoretical and legal background of the implementation of cross-border cooperation: some aspects

This article is devoted of the theoretical and legal foundations of the process of regulating the implementation of cross-border cooperation is carried out, a definition of the category “implementation of cross-border cooperation” is formulated and its characteristic features are outlined.
 Іn 2018, Ukraine has consolidated a course on European and Euro-Atlantic integration at the constitutional level, creating a strong foundation for revitalizing external cooperation, including local populations, local governments,
 to address local issues through establishing cooperation with neighboring countries and communities. Cross-border cooperation of Ukraine with neighboring countries, in particular with the countries of the European Union, plays a significant role in this cooperation. So, cross-border cooperation is designed to foster communication in various fields, not just about economic co-operation but also about cultural and social cooperation. In addition, the positive result of such cooperation is cooperation in the field of legal regulation of cross-border cooperation.
 The legal framework for the implementation of cross-border cooperation is based on such legal acts as the Constitution of Ukraine, the Law of Ukraine «On Cross-border Cooperation», the Law of Ukraine «On Local Self-Government in Ukraine», “European Charter of Local Self-Government”, «European Outline Convention on Transfrontier Cooperation between Territorial Communities or Authorities» аnd its protocols and more.
 In the process of elaboration of these acts, it was stated that the content and essence of the concept of cross-border cooperation were disclosed, but the definition of the concept was not proposed. When studying the legal doctrine, it was also stated that the concept of cross-border cooperation as a legal category is disclosed, however, the work of scientists to formulate the definition of «implementation of cross-border cooperation» as a legal category is unique.
 As a result of the study of the theoretical and legal foundations of the process of regulation of the implementation of cross-border cooperation, the definition of the category “implementation of cross-border cooperation” has been formed and a number of characteristic properties of this concept have been outlined.

Decentralization of power in Ukraine: strengthening democracy and ensuring population on the basis of balanced nature and resource benefits

The article highlights the main reasons for the decline of rural areas of Ukraine in the period 1991–2021, which are directly related to the seizure of power in independent Ukraine by hostile elements of the fifth pro-Russian column. These so-called governing bodies are constantly discriminating against Ukrainians’ ability to become an independent free people. Their activity or inaction undermines the Constitutional system of Ukraine. And only since 2015, the Ukrainian government under pressure from the people is taking a real course towards decentralization and the transition to full democracy. The statistical data on the decentralization of power and the qualitative transition of our society to democratic forms of life are analyzed, based on the experience of European countries and the whole civilized world. Recommendations on Constitutional changes in the area of decentralization have been formulated to ensure full implementation of the European Charter of Local Self-Government, transition to full democracy for the sake of ecologically balanced development of all territories and territorial communities of Ukraine. The reform of the administrative-territorial structure should take place in order to provide a real opportunity for a person to receive the maximum number of services from the governing bodies of selfgovernment at each level of government. It is the person and the satisfaction of his needs that should be in the center of attention of his chosen leadership, which for the effective implementation of the functions entrusted to him will receive the necessary powers and at the same time bear full responsibility for implementing qualitative changes in communities.

A Governance System that Supports City Diplomacy: The European Perspective

Summary Although the concept of city diplomacy is not new, we are seeing exciting developments in the ways that cities work together to address local and global challenges. This article explores how the global political system must evolve to harness the full potential of a city diplomacy that is well-integrated into global governance. In order for city diplomacy’s promise to be unlocked, we must take action in four central areas: facilitating knowledge exchange between local, national and international governance; embracing networks as an integral part of global governance; systematically expanding municipal development co-operation; and revitalising the idea of a world charter of local self-government.

The Problem of Defining Local Self-Government as a Key Actor of a Unified System of Public Power and Admininstration (Analysis of the Problem Field)

The analysis of the problem field is a serious problem from the methodological and methodical point of view. The solution of this problem becomes particularly difficult in cases when the object under study is characterized by a high level of structural and process diversity, has a dynamic character, i. e. it is constantly evolving, and exists in many variants with the presence of the invariant enshrined in international acts and legislation of most states. The end of the last century was a period of rethinking of many concepts that define the complex processes of political and social interaction of various levels and elements of the system of power and public administration in Russia. The adoption of the Constitution of the Russian Federation in 1993 put forward fundamental problems that needed to be solved to move the country along the path of democratization, build a market economy and form an effective governing system. Article 12 of the first chapter establishes the autonomy of local self-government as an institution, guarantees its protection from excessive state influence. This provision reflects the global trend of consolidating the right to local self-government in democratic states. However, the European Charter of Local Self-Government includes a provision on the independence of local self-government in resolving issues of local significance only within the framework of state legislation, i. e. it establishes its subordinate nature. The latter provision automatically makes local self-government part of the unified system of public power and public administration, which is reflected in the corresponding amendment to Ch. 8 of the Constitution of the Russian Federation “Local self-government” in 2020. This makes t relevant he problem of the local authorities ‘ own powers, the division of functions between them and state authorities to achieve the fundamental goal of the modern state — to ensure an optimal uniform quality of life throughout the territory. The purpose of the article is to characterize the problem field in which the concepts of “public power” and “public administration” are defined and analysed in the context of considering local self-government as a key actor of both systems. The objectives of the research are to determine the boundaries of this problem field, its structure, as well as the difference in approaches to this problem in the works of Russian and foreign authors, including scientists from Central Asian countries.

FISCAL SPACE FOR EMERGENCIES IN MUNICIPALITIES

Abstract. Emergencies that have become an integral part of the lives of different municipalities and the threat of their negative consequences requires an adequate response from local governments. The article outlines the main causes of such situations and substantiates the need to address them by joining efforts both at the national level and at the level of local self-government. The concept of fiscal space is considered by the authors as the presence of a certain budget reserve to achieve the desired goals without violating financial stability. In the context of emergencies, this is a fiscal space to fund certain goals, which can sometimes be actualized in a very short time (as happened with the situation in health care in 2020). The possibility of targeting the fiscal space in the field of health care, social protection, overcoming the effects of natural disasters, combating poverty, achieving the goals of sustainable development, etc. is noted. The article presents the results of a study of the impact of emergencies (eg, the COVID-19 pandemic) on the ability of local authorities to respond to their consequences. The authors analyzed budget expenditures to combat COVID-19 and assessed changes in the financial capacity of municipalities and funding priorities, including funding for pandemic control at the national and subnational levels, the impact of the COVID-19 pandemic on municipal finances in terms of compliance with the principles of the European Charter of Local Self-Government, the impact on funding priorities at the local level and municipality development strategies, the ability of local governments to respond to emergencies and highlighted some already tested effective practices. The article examines the methods of forming fiscal space, which were used to overcome the consequences of emergencies: reprioritization of expenditures, improving the efficiency of available resources, revenues to local budgets, which are additionally obtained due to understatement of initial revenue plans, reserve fund. Key words: fiscal space, emergencies, municipal finances, municipalities. JEL Classification r51 Formulas: 0; fig.: 1; tabl.: 1; bibl.: 15.

DEVELOPMENT OF REGIONAL LABOUR MARKETS IN CONDITIONS OF DECENTRALIZATION

The decentralization reform in Ukraine began in 2014 and is aimed at implementing the provisions of the European Charter of Local Self-Government, which provides for the redistribution of powers, resources and responsibilities on the basis of subsidiarity. Currently, local governments are endowed with powers and instruments of influence on enterprises located on their territory, but employment and labour market policies remains the prerogative of the central government. For a comparative analysis of the development of regional labour markets in the context of decentralization, labour force survey indicators are more appropriate, since they reflect the actual policy results from the perspective of households. For the 2015–2019 period in most regions of Ukraine, there was an increase in the level of employment and a decrease in the level of unemployment; at the same time, the gender gap in employment has increased in 16 of 25 regions; the sectoral structure of employment continues to stagnate. Some regions have significantly increased the coverage of public works, but this may indicate not the activity of territorial communities, but the lack of stable employment opportunities. Local self-government bodies should play a key role in the formation and implementation of local employment and the labour market policies, their interaction with the state employment service requiring a corresponding transformation.

ENSURING INDEPENDENCE OF LOCAL BUDGETS UNDER CONDITIONS OF FINANCIAL DECENTRALIZATION

The article investigates the modern conditions and problems of forming local budget revenues in Ukraine. It is determined that local budgets must function as a well-oiled machine ensuring the equivalence of financial resources and planned allocations under conditions of financial decentralization. Approaches to ensuring budgetary independence are substantiated, outlining the tools necessary for local self-government bodies to ensure their capacity to develop. It is established that increased emphasis on independence of local budgets can become one the levers used for ensuring the local finance system complies with the principles of the European Charter of Local Self-Government and Law of Ukraine «On Local Self-Government in Ukraine». For this purpose, local self-governments are recommended to establish a sufficient and stable revenue base by introducing their own taxes and fees, expanding the non-tax revenue sources, changing the distribution of the revenues from the income tax and corporate tax between government budgets of different levels, creating community funds of economic development, balancing subsidies and subventions. It is argued that budgetary independence is an economic ideal that local self-government bodies should strive for. Its antipodes are rigid financial dependence of local budgets on state budgets, lack of own revenues, and ineffective distribution of funds between budgets of different levels. Additionally, the revenue sources specified in the legislature do not allow the authorities to sustain expenditures with the levies at local level. It is substantiated that territories with independent local budgets can create the state economic environment that corresponds to the principles of financial decentralization.

Decentralization and miscellaneous self-preparation

As a member of the Council of Europe since 1995, Ukraine has committed itself to respecting European standards, in particular in the field of local and regional democracy, the provisions of the European Charter of Local Self-Government ratified in 1997 and its Additional Protocol on the Right to Participate in Local Government , ratified in 2014.
 The program "Decentralization and Reform of Local Self-Government in Ukraine" is implemented within the framework of the Council of Europe Action Plan for Ukraine for 2018-2021. The overall goal of the Program is to implement decentralization reform in Ukraine and to form a sustainable system of local self-government.
 The history of a decentralized state is a history of contradictions related to the search for the best form of organization of state power. Further democratization of society, decentralization of power on the basis of subsidiarity are currently priorities among reforms in Ukraine. As new trends in state-building of our country, the formation of civil society institutions, the optimization of the system of public administration determine the new conditions for the implementation of decentralization, while maintaining the ideas of the rule of law. Modernization of public power should take place in the direction of creating a customer-oriented system of public administration, which will be an integral part of the mechanism of socio-political protection of the population, a factor in increasing its social and political activity. The traditionally established view of decentralization as a process in which independent units are formed within the centralized state, which are the bearers of local self-government (community), requires the development of new approaches to the analysis of its content.
 The article reveals the content of decentralization of local self-government bodies, the need to transfer to local communities functions that cannot be solved by central authorities. The authors analyze the example of Poland on the path of decentralization reforms.

Avrupa Yerel Yönetimler Özerklik Şartı’na Türkiye’nin Koyduğu Çekincelerin Yeniden Değerlendirilmesi

Avrupa Yerel Yönetimler Özerklik Şartı’nda genel olarak yerel yönetimlerin idari, siyasi ve mali özerkliklerinin gerçekleştirilmesi, korunması ve kamu hizmetlerinin vatandaşlara en yakın yönetim birimlerince yerine getirilmesi çerçevesinde yerel yönetimlerin daha etkin bir hâle kavuşturulması amaçlanmaktadır. Şart’ın en önemli özelliği yerel ve mali özerklik konularını içererek yerel yönetimleri daha güçlü bir hâle getirmesidir. Türkiye de bu Şart’ı onaylamıştır. Ancak Türkiye Şart’ın bazı paragraflarına çekinceler koymuştur. Bu çalışmada, Türkiye’de kamu yönetiminde gerçekleştirilen reformlarla birlikte Şart’a koyulan çekincelerin mevcut durumu ele alınmaktadır. Çalışmanın amacı, Türkiye’nin Avrupa Yerel Yönetimler Özerklik Şartı’na hangi hususlarda çekinceler koyduğunun sebepleri ile birlikte ortaya koyulmasıdır. Çalışmanın gerçekleştirilmesinde içerik analizi yönteminden yararlanılmıştır. İçerik analizinde Avrupa Yerel Yönetimler Özerklik Şartı ve Ek Protokolü esas alınmıştır. Bu kapsamda, Türkiye’nin çekince koyduğu; yerel özerklik, idari özerklik, yerel sorumlulukların kullanılması, yerel yönetimlerin denetimi, mali kaynakların kullanılması, yerel makamlara danışılma, hibelerin şartlı yapılmaması, uluslararası iş birliği yapma hakkı, yargı yoluna başvurma hakkı ile birlik kurma ve birliklere katılma hakkı ayrı ayrı değerlendirilmiştir.

Responsibilities distribution between different levels of government for public services delivery in EU countries

The main goal of the article is to review and analyze the pros and cons when public services are provided by different levels of government in EU countries. Methods such as analysis and synthesis, comparative method, mathematical and statistical are used for achieving the goal. The results will clarify the distribution of responsibilities for public services delivery in EU countries, which seek to fully cover the principle of subsidiarity stated in the European Charter of Local Self-Government. Transferring more powers will lead to new responsibilities to local government and it needs to be more effective, as larger municipalities would be able to fit in faster and better. The conclusions are related to the more efficient and effective distribution of public services between different levels of government.

Impact of globalization on the direct participation of citizens in local self-government in the Republic of Bulgaria

Research background: The direct participation of citizens in political decision-making in the state is one of the ways to implement the public relations between the political state represented by the authorities of local self-government and administration. In addition to that, the civil society on behalf of the local inhabitants of the municipalities is also part of this process. Purpose of the article: This report aims to examine which forms of direct democracy are most often applied in the system of local self-government and what is the result of them in view of the economic independence of municipalities. The comparative study covers the periods before and after the signing of the European Charter of Local Self-Government in 1995 by the Republic of Bulgaria, as well as the periods before and after the accession of our country to the EU in 2007. These two events play a key role in the impact of globalization processes on the direct participation of citizens in local political decision making. Methods: The methodological tools, used in the research, include the comparative analysis and the comparative-legal method. Findings & Value added: The contribution of the research is expressed in tracking the trend in the application of various forms of direct participation of citizens in local government in the Republic of Bulgaria, in outlining the main shortcomings of legal regulations and factors, favoring or hindering the implementation of these forms, and in formulating proposals de lege ferenda to improve existing legislation.

Сільський, селищний, міський голова: статус посадової особи за Конституцією України та повноваженнями, наданими йому законом

У статті проаналізовано статус сільського, селищного, міського голови за Конституцією України, за повноваженнями, наданими йому Законом України «Про місцеве самоврядування в Україні» та за сукупністю усіх повноважень цієї посадової особи місцевого самоврядування. Зроблено порівняльний аналіз статусу сільського, селищного, міського голови з відповідними посадовими особами місцевого самоврядування зарубіжних країн на прикладі Естонії та Франції.

Погляди академіка В. В. Копєйчикова щодо імплементації Європейської хартії місцевого самоврядування в українське законодавство

Стаття присвячена українському правознавцю, доктору юридичних наук, професору, академіку В. В. Копєйчикову. Проаналізовано його погляди та ідеї щодо вдосконалення законодавства України в частині місцевого самоврядування. Висвітлюється актуальність праць ученого стосовно європейських стандартів створення правового поля в державі. Особлива увага акцентується на ратифікації Україною Європейської хартії місцевого самоврядування і її впливу на розвиток законодавства країни в частині муніципальної влади.

The development of participatory democracy is an important factor in improving governance in the united territorial communities

The article analyzes the problems that exist at the final stage of the decentralization reform, which, in particular, are related to the need, firstly, to stimulate the process of consolidation of territorial communities through the possible application of appropriate administrative methods, and, second, to eliminate competition between executive authorities and local authorities self-government in solving local development issues; thirdly, the application in municipal practice of such a management scheme that would ensure conditions for the participation of all members of the community in solving issues that are covered by the legislation to the sphere of local self-government. The purpose of the article is to highlight some of the issues that need to be addressed at the final stage of decentralization reform and to formulate a recommendation on improving the mechanisms of municipal governance in OTG using participative democracy tools. The authors separately stop at highlighting the factors constraining the use of different forms of participatory democracy as important tools that ensure the participation of members of the united territorial communities in the mechanism of municipal governance. Attention is drawn to the need for organizational and legal support for the implementation of the requirements of the Additional Protocol to the European Charter of Local Self-Government on the right to participate in matters of local government in the process of functioning of the united territorial communities. Taking into account the experience of European countries, proposals are made to improve the system of local self-government, and the role of statutory law for the development of such a system is indicated. It is concluded that the decisive role in creating legal mechanisms for the provision of local partisipative democracy is, as it seems, statutory law - the statutes of territorial communities that are of particular importance for the OTG. Such assertion is due to the peculiarities of the territorial organization of the OTG, which usually includes a significant number of settlements, and sometimes also all of them within the limits of the corresponding area.

Challenges of the Implementation of the European Charter of Local Self-Government in Finnish Legislation

In this article, we focus on the challenges for local self-government in Finland. Finnish legislation follows the Articles of the European Charter of Local self-government rather closely. We illustrate how the role of local government as service provider has led to a situation where municipalities are strictly steered by and financially dependent on the national government. Besides this, the burden of public services exposes local government to reforms. Current local government reform by national government challenges local self-government by establishing a regional level of governance. However, it can also bring opportunities for municipalities to focus more on local tasks and decrease the need for strict steering by the state.

Legal and regulative foundation of securing the development of consolidated territorial communities in conditions of decentralization

Development of a territorial community requires efficient use of its capacity taking into account all possible aspects in the course of elaboration and implementation of the development strategy and other local legal and regulative documents. The approach is directly related to maintaining the living activity of a territorial community and should correspond to the interests of population and European standards of state regional policy. In addition to the definition of a community provided by the Law of Ukraine “On Local Governance in Ukraine”, there are also some other. For example, some authors understand territorial community as a single natural and social entity that operates in spatial boundaries of a state and realizes daily needs and interests of population. The paper aims to analyze legal and regulative foundation of the development of territorial communities in conditions of decentralization. The authors analyze current condition of legal and regulative maintenance of local governance reforming in Ukraine in conditions of decentralization of authorities. The paper argues that the major elements of management strategy in CTCs in Ukraine are independence, efficiency, management innovations, quicker and more substantiated decision-making and everything to meet the needs of community’s residents. Management of this sector is grounded on the principles of the provisions of European Charter of Local Self-Government that provides for decentralization of authorities and transfer of resources and responsibilities to local governments. Liabilities of local governments (of consolidated territorial communities) and the mayors are analyzed. The authors prove that in general legal provision of decentralization of local governance corresponds to European requirements and creates reliable ground for practical stage of the reform. The list of issues that require further legal regulation is outlined.

The Limits of the Freedom of a Commune Council in Determining and Differentiating of Property Tax Rates

The power of communes to impose taxes, which is guaranteed in the Constitution of the Republic of Poland and the European Charter of Local Self-Government, includes the competences of a commune council to determine and differentiate the rates of property tax. Using the legal dogmatic method and, additionally, the empirical-analytical method, the study presents and evaluates the legal solutions justifying the claim that the competences of a commune council can only be exercised within the limits determined in the Tax Act. The statutory limits were set through determination of maximum annual tax rates and the subjective criteria pursuant to which the tax rates may be differentiated. Therefore, it may be assumed that the competences of a commune council are limited. The manner of exercising them is subject to supervision by regional accounting chambers as well as control carried out by administrative courts. Exercising of these competences by a commune council may constitute an important instrument of the local tax policy.

Challenges of the Implementation of the European Charter of Local Self-Government in Estonian Legislation

The restoration of local self-government, initially at two levels, began in Estonia in 1989. Since 1993, local self-government has been a single-level system comprising of cities and rural municipalities. There were about 250. The need to carry out an administrative-territorial reform was discussed for years; meanwhile, several voluntary mergers took place. A national reform was completed only in the autumn of 2017. The Constitution of Estonia, specifically Articles 154-160 are very much in keeping with the principles of the European Charter of Local Self-Government, although the Charter was ratified two years after the Constitution was adopted in 1992. The Charter is of great importance in legislation and in case law. The biggest problems relate to the funding of local government, which has been highlighted by CLRAE in its monitoring reports. From the point of view of local governments' economic autonomy, the low share of local taxes in local budgets is a significant shortcoming. At the initiative of researchers focusing on local self-government issues at universities, a think tank POLIS was set up.

Adjusting to International Standards: Has Sweden Learned from the European Charter of Local Self-Government?

Following Swedish ratification of the European Charter of Local Self-Government in 1989, a number of further reforms of Sweden’s system of local government have taken place. Based on premises derived from institutional theory, this article examines the extent to which these reforms can be seen as further adjustments to the Charter. Analyses of monitoring reports and policy documents indicate that the reforms are largely inspired by the Charter but that some key features of the Swedish legal system, such as the lack of a significant judicial remedy, remain unaffected despite the demands of the Charter.