Development Of Local Self-government Research Articles

CONCEPTUAL FOUNDATIONS AND PRINCIPLES OF LEGAL REGULATION OF DECENTRALISATION IN SELECTED EUROPEAN COUNTRIES AND UKRAINE

Background: This research paper aims to enhance theoretical understanding and explore the conceptual foundations and principles of legal regulation of decentralisation. Establishing a well-defined categorical apparatus is an important prerequisite for drafting effective legal regulation, and decentralisation is no exception. A precise understanding of this concept allows for the development of clear stages of its implementation in national legislation. No less important is the proper formulation of the principles of legal regulation of decentralisation. These principles allow further development of a system of legal regulation that will ensure the autonomy of local self-government. Methods: The study provides a comparative analysis of the principle of decentralisation implementation experience in such countries as Belgium, Italy, France, Lithuania, Poland, Ukraine and the United Kingdom, which have chosen both centralised and decentralised forms of public administration. The paper employs a multi-faceted methodology to analyse legal aspects of decentralisation in countries under study, focusing on the observance of the European Charter of Local Self-government standards and the evolution of constitutional frameworks of decentralisation. This approach includes a comparative analysis of constitutional models of decentralisation and their historical backgrounds, as well as an analysis of the practical application of decentralisation and recentralisation as phenomena in modern national policy. Particular attention is given to the influence of the martial law regime on these processes in certain countries. Results and Conclusions: The main research findings clarify the primary problems of European standards of local-self-government implementation in studied countries. They highlight the distinction of specific approaches to decentralisation, including its combination with deconcentration, devolution or even centralisation of power. Additionally, the research provides an analysis of the historical aspect of the development of the constitutional framework for decentralisation. Lawyers and legislators can use these insights to improve the effectiveness of legislation regarding local self-government development in the studied countries.

DEVELOPMENT OF PARTICIPATION IN LOCAL GOVERNMENT OF UKRAINE: ADMINISTRATIVE AND LEGAL RELATIONS

The article reveals trends in the development of participation in local self-government of Ukraine. The purpose of the article is to study trends in the development of participation in local government. The methodology in this article is based on a number of normative legal acts of Ukraine, which today regulate the components of participation in local self-government, in particular the Constitution of Ukraine, normative legal acts on local self-government and public participation in local self-government, as well as international reports and norms. The main result of the research is the study of the development of local self-government from the foundations of democracy to its implementation in the national legislation of Ukraine at the current stage. After all, understanding the essence of partisanship is impossible without the concept of the essence of "participatory democracy", which is an innovative concept and is a mixed form of direct and representative democracy. The concept of participatory democracy as a basis for the development of participation in local self-government of Ukraine is revealed, the legal basis of the concept of "territorial community" as a subject of participation in local self-government is analyzed, and the basis the principles of community coexistence and local self-government are synthesized. The main problems of participation are identified and the main forms of public participation in local self-government are presented as a promising innovative method of management at the local and local levels. This article successfully delineates the transformation of participatory democracy in Ukraine, marked by a profound commitment to enhancing the mechanisms of public participation within local government structures.

Constitutional foundations of local self-government in Ukraine

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

Evolution of the city borders of st. Petersburg – Leningrad (END OF 19th – 20th centuries): causes and consequences

The article is devoted to determining the causes and results of changes in the urban boundaries of St. Petersburg - Leningrad from the late 1870s to the early 1990s. Object of study: spatial and administrative boundaries of St. Petersburg-Leningrad, formed during this period. Purpose of the article: to determine the reasons for changes in the city boundaries of St. Petersburg - Leningrad since the late 1870s. – the period of development of local self-government, until the early 1990s. – the end of the Soviet period and analysis of the results of these changes. Objectives of the article: 1) identification of problems and proposals for establishing the city boundaries of St. Petersburg - Petrograd from the 1870s to 1917; 2) consideration and analysis of the General Plans of Leningrad of the 1920s – 1930s. to determine the causes and consequences of changes in city boundaries during this period; 3) analysis of changes in city boundaries in the post-war General Plans of Leningrad in 1948 and 1966. in connection with the new direction of development of the city “Towards the Bay”; 4) determining the reasons for the stabilization of the city borders of Leningrad by the beginning of the 1990s. – the end of the Soviet period of city development. Scientific novelty of the article: it consists in determining the causes, consequences and analysis of the results of the evolution of the urban boundaries of St. Petersburg - Leningrad from the 1870s to the early 1990s. influenced by the socio-economic and political conditions of this period.

Координационные связи с участием глав (губернаторов) субъектов Российской Федерации и органов местного самоуправления: проблемы конституционно-правового регулирования

This article is devoted to the consideration of the constitutional and legal aspects of building coordination ties with the participation of heads (governors) of the constituent entities of the Russian Federation and local governments. It is noted that connections of this kind in a unified system of public authority arise in order to facilitate the development of local self-government and correspond to the nature of coordination, however, the scope of powers granted to the heads (governors) of the constituent entities of the Russian Federation requires critical reflection from the position of presence (absence) objective opportunities for the formation of coordination relations of the quality and content that are more consistent with the regional specifics and the needs of the organization of public power structures in a single subject of the Russian Federation. The conclusion is substantiated that in the relationship between the highest official of a constituent entity of the Russian Federation (coordinator) and local self-government bodies (coordinated persons), a transition to building, mainly, organizational relations to support the rule-making, organizational, financial activities of municipalities, ensuring monitoring of the state of protection is necessary. respect for human and civil rights and freedoms and national security. It is proposed to modify the legal status of councils of municipalities through recognizing them as an independent type of non-profit organizations in the field of public administration, establishing a requirement for the obligatory consideration of the posi-tion of the council by public authorities of a constituent entity of the Russian Federation in the listed areas.

Комунікаційні стратегії місцевого самоврядування для забезпечення реалізації стратегії розвитку територій

The article analyzes the theoretical approach to determining the essence and features of communication strategies as planning communication documents used by local self-government bodies to involve the target audience and the local population in management at the local and national levels. The author defines the standard and distinctive features of communication and communication strategies and outlines the areas of their use. A communication strategy is a document defined as a strategic communication guideline for the planned implementation of informational influence to raise awareness of the planned changes and form appropriate behavior patterns of potential and existing target audiences and target groups of the local community. The expediency of using the complex system approach COMBI (Communication for Behavioral Impact) in developing and implementing communication strategies is substantiated. Careful development and successful implementation of a communication strategy can increase the effectiveness of decision-making by local self-government bodies and contribute to forming the community as a full-fledged subject of local self-government. Emphasis is placed on informativeness, credibility, the accuracy of messages, and the level of their perception by target audiences to evaluate communication strategies. It was established that the structure of the communication strategy should include such elements as compliance with strategic goals, determination of expected behavior, situation analysis, development of messages and their preliminary testing, development of an action plan, explanation of means of control over implementation, monitoring and assessment of impact, development of schedule and implementation plan, as well as determination of resources and budget. The types of communication strategies that can be developed and implemented at the regional level are summarized, and their strategic goals and hierarchical structures are supplemented. The author’s classification of communication strategies according to the following characteristics is presented: type of actor, goal, region, sector, and influence. Keywords: communicative interaction, public administration bodies, communication strategies, development of local self-government, local community, development strategies and programs, components of communication strategies, types of communication strategies.

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 самоуправление в России: развитие законодательства и вопросы соотношения полномочий с государственными органами публичной власти

In the presented study, the authors analyze the interpretation of the concept of “public authority” and the eighth chapter of the Basic Law by comparing different approaches to the institution of “local self-government”. There are certain forecasts of the development of local self-government in our country.

The constitutional nature of local self-government

The relevance of the study lies in the importance of the functioning of local self-government bodies for ensuring democracy in European countries. The purpose of the study is to examine the constitutional foundations of the institution of local self-government, and the task of the study is to analyse the role of the European Charter in this process. The following methods were used in the study: induction, deduction, and abstraction. The main conclusion of the study is to argue that the European Charter launched a local government reform aimed at improving the efficiency of local governments as an independent level of public authority, as close to the population as possible. However, today, municipal authorities in many countries are fundamentally different from those that were created in previous years. This is primarily due to the lack of the necessary amount of own revenues to enable them to exercise their powers independently. The majority of municipalities need government assistance and intergovernmental transfers. The need to control the expenditure of state budget funds has led to the main trend in the development of local selfgovernment in the Republic of Azerbaijan being its integration into the vertical of public power.

PROBLEMS AND PROSPECTS OF DEVELOPMENT OF LOCAL SELF-GOVERNMENT IN RURAL DISTRICTS OF KAZAKHSTAN

Issues of decentralization of power, and, consequently, the development of local self-government in Kazakhstan are becoming increasingly relevant. Local self-government plays a special role in solving socio-economic and political problems of rural areas. At the moment, certain results have been achieved in this direction in the Republic of Kazakhstan. Nevertheless, there are still many difficulties and problems that need to be solved on the basis of the whole variety of theoretical and methodological approaches. In the article, based on the use of a complex of theoretical and empirical methods, the issues of formation and development of the local self-government system in rural districts of the Republic of Kazakhstan are examined. The main approaches to this issue are analyzed, on their basis the need for further study of issues of local self-government in rural districts of Kazakhstan is substantiated. Based on the comparative analysis of the anglo-saxon and continental models of local self-government, the authors characterized the model of local self-government implemented in our country. A PEST-analysis was carried out, which made it possible to identify the main political, economic, social and technological factors influencing the development of the local self-government system. The prospects and directions for modernizing local self-government in rural districts of the Republic of Kazakhstan are outlined.

INSTITUTIONS OF SOCIAL ENGAGEMENT IN THE SYSTEM OF LOCAL GOVERNMENT OF UKRAINE

Institutions of citizen engagement are the important factor in the political development of local self-government in Ukraine. The article describes the peculiarities of the implementation and transformation of such institutions as public councils, electronic petitions, public consultations, participatory budgeting and public expertise. According to the results of surveys, one of the main problems faced by institutions of social engagement is insufficient awareness of citizens about their existence. Institutions that are more effective in attracting citizens are distinguished by their accessibility, comprehensibility for most citizens and the availability of confirmation of their effectiveness. It is these two indicators: comprehensibility (instrumentality) and efficiency that are important for citizens, who determine whether a particular institution of engagement should be used. Engagement occurs when citizens believe that they are able and willing to participate, and believe that they can get some positive result. The article describes this as the internal and external effectiveness of citizens. In the framework of the first, citizens are confident in their own competence, that is, they have confidence in themselves and their ability to understand the process and influence it. When citizens are convinced that the government will respond to their participation, this is external effectiveness. Institutes of social involvement develop both the competence of citizens and the openness and ability and readiness to respond in local self-government bodies. Keywords: civil society, social engagement, local self-government, participation, territorial community, decision-making process.

Organisation of local self-government in the Republic of Azerbaijan

The relevance of the study lies in the fact that local self-government is the foundation of the life of the citizens of the Republic of Azerbaijan and one of the main foundations of any democratic system. The purpose of this study is to establish the constitutional and legal content and forms of interaction between the state authorities and local self-government at the present stage of development of the Republic of Azerbaijan. To achieve the research objective, the author used general theoretical and special legal methods. The main result of the study is the argumentation of the position that interaction between public authorities and local self-government should be considered as a joint activity based on the provisions of the Constitution of the Republic of Azerbaijan, its laws and by-laws, and carried out in certain directions and forms. Achieving this goal involves setting and solving such a research task as analysing the main trends in the development of local self-government at the present stage, forms, and mechanisms of interaction between local self-government bodies and the bodies of the state power structure of a subject of the Republic of Azerbaijan, on the one hand, and the local population at the regional level, on the other. The study used both general scientific methods of research (logical analysis and synthesis, induction and deduction, abstraction and descent from the abstract to the concrete, and the method of identification) and private (so-called traditional) methods of social sciences (the method of structural and functional analysis, and the institutional method). The conclusion of the study is the argumentation of the position that in Azerbaijan, as in other post-Soviet countries, the problem of relations between state and municipal authorities is quite relevant since local self-government has always been an attribute of a democratic society and a form of self-organisation of the population to solve local problems. In addition, local self-government in Azerbaijan is recognised as an equal and independent form of government, which is also confirmed by the results of the study. The study also substantiates specific proposals for improving the functioning of the local self-government system in the Republic of Azerbaijan, which will contribute to increasing the efficiency of its implementation at the regional level.

Moral foundations of the municipal employees work

The article considers the current state of municipal service as a special type of professional activity with a specific ethical complex. The increased interest in the development of local self-government in Russia is determined by a new stage in the reform of municipal service as a social-legal institution and one of the most important types of professional activity in the contemporary society. The efficiency of local self-government directly depends on the level of the local population involvement, on the one hand, and on the municipal employees’ moral awareness of their activities, on the other. Professional ethics, due to its applied nature, performs an important task - specifies the general ethical principles of practical activity in relation to a particular profession. Ethical complex of municipal service as a regulator of the officials’ work ensures the efficiency of management activities, contributing to its increase. High requirements of professional ethics are mandatory for all employees; their fulfillment is the main condition for professionalism. In the contemporary society, professionalism, together with the corresponding knowledge, skills and abilities, forms the value-normative, ethical priorities of the individual, allowing to choose optimal formats for fulfilling one’s professional duties. Based on the analysis of legislative documents and the code of ethics, the article examines the criteria of professionalism and competence of the municipal employee, which are to increase the efficiency of their professional activities. Knowledge and compliance with the provisions of the Code is one of the criteria for assessing the quality of professional activity and official behavior. Professional culture is closely related to professional ethics; therefore, the development of professional culture helps to become a professional. The development of professional culture of municipal employees is ensured, on the one hand, by the legislative requirements; on the other hand, by the subjective perception of certain knowledge, abilities, values and norms of the code of ethics.

Legal analysis of the formation and development of local self-government in the Republic of Kazakhstan

Legal analysis of the formation and development of local self-government in the Republic of Kazakhstan

Problems on the path of formation of local self-government in France

The article is devoted to defining the peculiarities of the genesis of local self-government in France. The peculiarities of the formation of local self-government in the countries of continental law, in particular France and Ukraine, are determined. A superficial comparative analysis of the implementation of the powers of local self-government bodies in Ukraine and France at various stages of the countries’ development was conducted. The article states that the then French system of local self-government did not fully implement the principle of electability of all bodies and officials of local self-government, and at the end of the XIX century. this criterion was considered the main characteristic of administrative decentralization and began to be applied even to departmental self-government. It was noted that French society actively discussed the issue of the direction of the further development of the local self-government system. The scientific article contains information about forms of self-government similar to France in Belgium and Italy; in comparison with England, the state system of France should be considered not a democracy, but a bureaucracy. The article mentions the French revolution, the struggle against regionalism, the elimination of provinces and the creation of a new system of districts. The strengthening of the regionalization process, which went into decline only by the middle of the 20th century, is analyzed. The constant interest in the system of local self­government in France, especially the period of the French Republic, when a model of local self-government with broad representation, based on secret, universal, equal suffrage, was first proposed (during the 19th - early 20th centuries in Europe) is emphasized. The article states that the attitude towards the French model of local self-government depended on the perception of France itself, which sometimes led to a distorted perception of its organization of local self-government. The tendency is especially noticeable in the works of German political scientists and legal scholars. It was determined that the concepts of local self-government and decentralization of power were not distinguished and detailed in France, so due to the confusion of terms during administrative decentralization, the development of the system of self-government as a political institution of language in France was somewhat behind. It was established that the negative attitude towards the French system of local government, which developed during the period of the second monarchy and was supported by German jurists and political scientists, persisted even after the reform of 1871.
 It was concluded that the development and formation of local self-government in France had its own problems, but this did not prevent it from arriving at an effective both legislative and practical model of the exercise of powers by local self-government bodies.

Importance of implementation of listening state policy at the regional level

The concept of Listening State in Kazakhstan was adopted in September 2019 in the Message of the Head of State Kassym-Jomart Tokayev to the people of Kazakhstan. Continuous activities are systematically organized to implement this concept. However, the feedback system between government agencies and the population, which is the main goal of this concept, has not yet been properly formed. In this regard, the main purpose of the study is to develop practical recommendations for improving the activities of local self-government institutions at the regional level in accordance with the concept of Listening State. Carrying out active measures for the development of local self-government, which are the main unit of society, allows us to defend the positions of public administration institutions and the interests of the population. The laws, rules and requirements adopted by the local aelf-government system are the same for all regions of the country; therefore, specific data which were obtained as an object by conducting a survey of respondents consisting of employees of local executive bodies and residents of Turkestan city. During the study, quantitative and qualitative methods were used such as 23 Gaussian Normal Distribution, Spearman Correlation, Analysis of Durbin-Watson coefficients and Regression analysis. As a result, all the methods used made it possible to draw conclusions and make decisions on the topic of the study, as well as to study and clarify common issues arising on the formation of a constructive dialogue between local self-governments and the population in the regions of the country.

ЖЕРГІЛІКТІ ӨЗІН-ӨЗІ БАСҚАРУ ДЕМОКРАТИЯЛЫҚ ПРОЦЕСТІҢ АХУАЛЫ ЖАЙЫНДА ҚОҒАМДЫҚ ПІКІРДІҢ МОНИТОРИНГІ

On the basis of a sociological survey conducted on the influence of the institution of local self-government on democratic processes, a certain result of a study of the points of view of residents of three regions was revealed. The demand of the society for the development of local self-government, issues affecting the development of the sphere of local self-government today, decisions that, in the opinion of the population, require urgent adoption, the level of assistance provided by public and administrative institutions to increase the public activity of the population, as well as effective ways to involve the public in the process decision making by the authorities. By means of the questionnaire, opinions were selected and its result was made. According to the Pearson table, a comparative table of two questions was compiled, the values were calculated and it was determined which of the two social phenomena is the most significant. Using this method, it has been established that the political life of modern Kazakhstan does not depend on the path of choosing democracy.

Regarding the theory of demarcation of competences of local executive bodies and local self-government bodies

The article is devoted to the coverage of certain theoretical issues regarding the delimitation of the competences of local public authorities. Attention is focused on revealing the terminological features of the category’s «competence», «powers», «functions» of executive power bodies and local self-government bodies. The author focuses attention on certain features of the demarcation of competences of local executive bodies and local self government bodies.It is stated that the development of local self-government as a direct form of manifestation of public activity of the population and a free, democratic way of organizing public power is an integral part of administrative reform in Ukraine and state building in general. It was determined that the very question of delimitation of competences is quite problematic, because it is practically impossible to delimit the functions of bodies that carry out a single administrative activity (public authority) on the ground. First of all, because local state administrations and local self government bodies perform a kind of general management function, they face a common task - the implementation of the most effective management of territories. The implementation of this task requires both management centers to have such functions as regulatory and managerial, communicative, control, informational, normative, organizational and institutional and a number of others.It is argued to take as a basis the principle of control, which should be carried out in such a way that the degree of intervention of the controlling body is proportionate to the importance of the interests that this intervention should protect when delineating the competences of local self-government bodies and local state authorities.It was determined that the current state of demarcation of competences between local executive bodies and local self-government bodies in Ukraine is not in a very good condition, which is due to some problems, namely: the incompleteness of the administrative reform; inheritance of a centralized model of public administration; the imperfection of the current legislation in the field of local public authorities, which leads to numerous conflicts in the delimitation of competence between local executive bodies and local self-government bodies. It is emphasized that the current stage of administrative reform and local self-government reform is aimed at legislative improvement and strengthening of the legislative framework in the sphere of public authority in Ukraine.

Russian Federalism and Local Self-Government: Correlation Trends and Development Prospects

The issues of correlation and development of Russian federalism and local self-government in the conditions of building and strengthening a unified system of state power in modern Russia are considered. Based on the analysis of the current legislation and practice of the Constitutional Court of the Russian Federation, the "main" trends in the development of local self-government in the conditions of the constant development of Russian federalism and the building of a unified system of public power in Russia are revealed. It is shown that the federal foundations of the formation of the legal framework for the organization of local self-government are marked by a significant "tilt" towards the provision by the federal legislator to the regional authorities of a broad degree of independence in determining the "normative" features of the functioning of local self-government on the territory of the subject of the Russian Federation. The necessity of a more attentive attitude to the "embedding" of municipal power into the vertical of a unified system of public power, preserving the importance and necessary independence of local self-government in the system of formation and development of federal relations at the present stage of our state is proved. Otherwise, we may lose the identity of the local level of government not only in the system of state power, but also in the system of the Russian federalism model that has been established for more than 30 years.

Peculiarities of payment of local taxes by enterprises during the legal regime of martial law

In the conditions of war, special attention is paid to the strengthening of public administration and local self-government in order to strengthen the state in order to provide a powerful repulse to the enemy and the possibility of restoring the economy of Ukraine. The development of local self-government is particularly important as it encourages the creation of a full-fledged living environment for citizens, the provision of high-quality and accessible public services, the establishment of institutions of direct people’s power, and the coordination of the interests of the state and territorial communities. The basis of the development of local self-government is the formation of local budgets, which today have significantly decreased due to the decrease in the number of the population, bankruptcy of private enterprises, etc. It should be noted that today the economic activity of business has decreased by 50 percent, and about 8 million Ukrainians are abroad. A large number of Ukrainian citizens became internal migrants. The damage caused by missile attacks to our infrastructural facilities exceeded 40 billion dollars. Each missile attack worsens the financial results of entrepreneurs, causing a decrease in earnings, a decrease in wages for employees, along with this, and tax revenues. That is why the main task for the development of territorial communities is the implementation of effective reforms that will make it possible to increase the resource and financial base.
 It was noted that the liberalization of taxation during the war is a forced anti-crisis measure. Lowering the rates of excise tax, value added tax, introduction of a single tax of 2% for virtually all enterprises, easing of the administrative burden on taxpayers, deregulation of business and loosening of tax control helped business survive the shock. These measures helped enterprises to focus on personnel problems, readjust business to extreme working conditions, search for new opportunities for recovery and adjustment of production. They did not deal with the issues of finding resources and means for calculating and paying taxes. While the introduced changes are temporary and short-lived, they will cease after the end of the war and the stabilization of the situation. That is why, after the recovery of business activity and reduction of the unemployment rate, the state should return to the permanent post-crisis model of taxation.