Legal Status Research Articles

Problematic aspects of the implementation of legal guarantees of human and citizen rights in Ukraine

The article describes the basic rights and freedoms of a person and a citizen, which are inalienable rights and freedoms enjoyed by a person from birth. They form the basis of the legal status enshrined in the state constitution and enjoy the highest legal protection. The most important and complex relations between people and the relations between the state and the person in legal form are regulated by formulating the rights, freedoms and obligations underlying the legal status of a person, which is one of the most important not only legal, but also juridical. also political categories. The most important features of the rights and freedoms of a person and a citizen are: naturalness, continuity, equality, social justification, respect for international standards, state guarantee. The problem of guaranteeing the rights and freedoms of a person by giving them a real character is not only of a practical nature. In the modern context of the development of the rule of law and civil society, it is important to develop a holistic scientific concept of human rights and freedoms, which covers a wide range of theoretical provisions regarding the essence and content of rights and freedoms, their structure and mechanism. Local self-government bodies play an important role in ensuring constitutional rights and freedoms. A real environment for the existence of human rights is possible in the conditions of a democratic state governed by the rule of law. Democracy, rule of law and human rights are inseparable. The rule of law is a guarantee of the reality of human rights in terms of protection from violations by the authorities, and human rights are the main condition and characteristic of democracy, the humanistic and human dimension of the rule of law. The article concludes that the basis of democracy in the state is the guarantee of the rights and freedoms of man and citizen by the Constitution of the state, not only formally, but also in practice. Therefore, taking into account the individual shortcomings of state bodies in regulating the system of human and citizen rights, the number of human rights organizations is growing day by day, both at the national and international levels. At the same time, the article concludes that it is impossible to build a legal state in a society with developed legal nihilism. And respect for the rights of society can be caused only by concern for the same rights of people and citizens.

Constitutional and legal responsibility of subjects of the election process: general principles

The scientific article examines and analyzes the general principles of the constitutional and legal responsibility of the subjects of the election process. It has been established that legal responsibility in constitutional law means social and public legal responsibility for violation of the current constitutional legislation of Ukraine. This responsibility can be both direct, the types and extent of which are established by the constitutional legislation of Ukraine (constitutional-legal responsibility), and indirect, the types and extent of which are determined by other branches of Ukrainian law. It was determined that the normative basis of constitutional and legal responsibility is the establishment of actual illegal actions in constitutional and legislative acts that cause constitutional and legal responsibility. The actual basis for the emergence of constitutional-legal responsibility is a constitutional offense committed by the subject of constitutional-legal relations. The procedural basis for the emergence of constitutional liability is a decision made by the relevant body (official) regarding a constitutional offense. It is emphasized that the constitutional and legal responsibility of the subjects of the election process ensures the correct course of elections and compliance with democratic principles, and also guarantees that the elections are held openly, honestly and taking into account the rights and interests of all citizens. Its legislative regulation and optimal practical application is critical for ensuring democracy, legitimacy and stability of government, as it includes compliance with constitutional norms, protection of voters’ rights, ensuring the honesty and transparency of the electoral process and protection of the constitutional order in the country. In summary, when analyzing the essence of the constitutional and legal responsibility of the subjects of the election process, it should be taken into account that the basis for this responsibility is their constitutional and legal nature and status. Constitutional and legal responsibility for violation of election legislation has a significant political color, as it is determined by the subject’s participation in election processes that relate to the organization of elections and their conduct; determination of who should exercise state power; covers the interaction between the state and citizens and reflects the desire of subjects to achieve power and influence on the formation of general decisions of the state, including their leading role in this process.

Демократизм как базовый принцип в организации законотворческого процесса федеральной территории в России

Democratism is a key principle of constitutional and legal regulation of all innovations in the legislative process. Public authorities of Russia’s federal territories need guarantees for their participation in the legislative process. The legal status of the Sirius Federal Territory remains dubious, which violates the rights of its residents to participate in solving national issues. The principle of democratism is violated when its forms are implemented by public authorities of the federal territory. A balance of interests between society and the state would be achieved if citizens could exercise their legislative rights, directly or through representative bodies of public authority. First, guarantees should be established in the norms of the general effect; second, a procedure should be elaborated on regulatory legal acts, depending on the region and its status. A legislative process is not only a set of forms of activity that turns a legislative idea into a draft law. It also presupposes the implementation of this process based on constitutional principles, i.e., democratism. This principle should become comprehensive since it provides all subjects with equal participation in the legislative process. In addition, democratism encourages all residents and /or representative bodies for such participation. As a result, it should not be subjected to restrictions depending on the type of territory. If guarantees for the implementation of the legislative initiative right are violated in the legislative process, they can be regulated by federal legislation. This procedure could help residents of the Sirius Federal Territory and extend these guarantees to identical territories, e.g., closed administrative-territorial entities, university towns, etc. The ultimate effectiveness of the legislative process depends on democratism.

Prospects for the development of constitutional principles of the constitutional and legal status of a person and a citizen

The article substantiates the need for further development of the constitutional principles of the constitutional and legal status of a person and a citizen in Ukraine. In order to solve this task, the current legislation in the field of the constitutional and legal status of a person and a citizen was analyzed, recognizing that the Constitution of Ukraine created an effective constitutional and legal basis for further law-making and rule-making activities of state structures regarding the principles of the constitutional status of a person and a citizen. At the current stage of state formation, the observance of human rights in Ukraine is connected with the legal trend of their recognition at the state-legal level. It should be noted that they are enshrined in various international legal acts, and above all, they are aimed at the development of rights and freedoms, as well as individual guarantees. The problems of the real guarantee of the rights and freedoms of a person and a citizen within the framework of their consolidation in the constitutional principles of the legal status of a person and a citizen, as well as the question of the actual state of the position of these things, rarely become the subject of scientific research. It is this that determines the need to research the aspect of the prospects for the development of the principles of the constitutional status of a person and a citizen, as well as the elements and mechanisms of its implementation. It is argued that the modern constitutional development of Ukraine in the context of the European dimension of political transformations determines the problem of rethinking the role and meaning of the constitutional principles of the status of a person and a citizen in Ukraine in the process of forming a new legal reality. It was determined that despite the establishment of the basic principles of the constitutional and legal status of a person and a citizen in the Constitution of Ukraine, there is an urgent need for their further development in the context of building a modern democratic legal state. A conclusion is made about the special role and significance of modern transformations of constitutional norms, which highlight the status of a person and a citizen, for the sake of normal and harmonious formation of prospects for the development of the principles of the constitutional status of a person and a citizen, and the introduction of appropriate changes to the Constitution of Ukraine.

К вопросу о договорной ответственности маркетплейсов

The rapid development of e-commerce generates new subjects of civil turnover. Marketplaces are commodity aggregators with a vague legal status. A marketplace is more than an information intermediary: it is an ecosystem with highly developed logistics that provides interaction between the seller and the buyer, as well as information about goods and delivery points. In addition, it settles disputes between sellers and buyers by applying various resolution tools. The article describes the legal nature of the relations connected with marketplace ecosystems, i.e., between the marketplace and the seller, between the marketplace and the delivery point, between the marketplace and the buyer. The author also assessed the integration of the marketplace into the classic purchase-and-sale relationship between the buyer and the seller. These parties sign commission contracts, agency agreements, and fee-based service contacts, each of which has its specifics. The author defined the limits of contractual liability in the seller – marketplace – consumer trade chain. If the seller – buyer relations are violated, the responsibility of the marketplace needs to be expanded because the marketplace undertakes to verify the reliability of sellers and the quality of goods. The author applied a doctrinal perspective to the legislative initiatives of 2023–2024 in relation to marketplaces, as well as developed some recommendations on how to improve e-commerce legislation in the Russian Federation.

Development of Institutional Arbitration in Spain

INTRODUCTION. The development of the statuto­ry regulation of institutional arbitration in Spain has been briefly outlined at the present study. The legal status of arbitral institution, the legal nature of its rights, obligations and liabilities have been examined. The role of arbitral institutions at the current arbitra­tion situation in Spain has been briefly outlined.MATERIALS AND METHODS. The study has been based upon Spanish legislation, key judicial acts and works of Spanish and Latin American experts in the field. General scientific methods of knowledge – analy­sis, synthesis, induction and deduction – have been applied during the study. Special legal methods – for­mal-legal, technical-legal, the method of legal analogy, as well as the comparative legal method – have been also applied.RESEARCH RESULTS. The study demonstrates three factors which obstacle a full-scale development of institutional arbitration in Spain. The first factor is that the commercial arbitration itself has been a new phenomenon and it has been still unknown to the most of the Spanish population except a rather narrow community of professionals. As a consequence, the most of Spanish business community members put their best faith upon the judicial way of disputes reso­lution. As another consequence, confidentiality of pro­ceedings and absence of appellation remedy have been treated rather as weaknesses than advantages of arbi­tration. The second factor is that there has been a deep-rooted point of view across Spanish business and lawyers communities that an arbitrator is rather legal representative of the party he has been appointed by. Which provokes reasonable doubts regarding inde­pendence and impartiality not only of an arbitrator, but an arbitral institution as well. The both factors outcome a low number of arbitrations in Spain and activate the third one. The third factor is a rather low level of competence of arbitrators and arbitral institu­tions staff due to the lack of practice. The study dem­onstrates significant efforts of the leading Spanish ar­bitral institutions in order to eliminate the factors.DISCUSSION AND CONCLUSIONS. The devel­opment of the statutory regulation of institutional ar­bitration in Spain has been briefly outlined. The legal status of arbitral institution, the legal nature of its rights, obligations and liabilities have been examined. The role of arbitral institutions at the current arbitra­tion situation in Spain has been briefly outlined. Based upon the results of the study, the author comes to the conclusion that despite a significant progress in im­proving of legal regulation of institutional arbitration and the commercial arbitration as a whole, Spain has still quite a long way to go in order to create an effi­cient system of commercial arbitration and to become an attractive jurisdiction for international commer­cial arbitration as well.

On the functions of the prosecutor in criminal proceedings

The article is devoted to the study of the functions of the prosecutor in the judicial stages of criminal proceedings, and provides an analysis of statistical data from the General Prosecutor’s Office of the Russian Federation on the participation of prosecutors in criminal proceedings. The results obtained allow us to assert that the prosecutor performs two functions during criminal proceedings: the criminal procedural function of prosecution and the constitutional and legal function of supervision over compliance with the Constitution of the Russian Federation and the execution of laws. At the same time, at the stages of trial (in the court of first instance) and appeal proceedings, when the principle of adversarial parties is fully implemented, the prosecutor supports the state prosecution, thereby performing the procedural function of the prosecution. In the remaining stages of judicial proceedings, the prosecutor exercises the function of supervising compliance with the law. The conclusion is formulated that the proposed approach requires a rethinking of the role of the prosecutor in criminal proceedings from the position of the constitutional and legal status of the Russian prosecutor’s office, as well as amendments to the norms of criminal procedure law.

God's Sovereignty in the 1945 Constitution and Its Implementation in the Formation of Sharia Legislation

Sovereignty is a concept of supreme power in a state. God's sovereignty, which means the highest authority in a country is God. God has sovereignty over the administration of the state or government. The problem in this study is how the concept of God's sovereignty in the 1945 Constitution needs to be implemented in the lives of Indonesian Muslims in the context of the Indonesian legal state. The results of this study explain that the teaching of God's sovereignty in the 1945 Constitution is the basis for organizing national, state and social life. The teaching of God's sovereignty needs to be implemented by establishing laws and regulations that have Sharia nuances. The 1945 Constitution as a written basic law has provided direction and objectives in the formation of law in Indonesia, especially for Muslims in Indonesia. In the context of an Islamic state of law (nomocracy), the 1945 Constitution contains maqashid sharia whose aim is to form laws in accordance with the philosophical values prescribed by Allah to mankind for the benefit of the people. The direction and objectives of the law that have been determined in the 1945 Constitution will make it easier for the Indonesian Muslim community to see which laws are good to follow and which laws need to be changed. So far, there have been laws or regulations resulting from national legislation products with Islamic nuances, including regional regulations.

International Legal Regulation of Activities of States in the Great Mediterranean Region

INTRODUCTION. In modern international and domestic maritime law, regional fragmentation of legal regulation is becoming more and more noticeable, which, in turn, objectifies and actualizes the formation of complex arrays of legal norms, united by the consistency of the political and legal positions of the contracting states that have national interests in the relevant water area, primarily-coastal states extending their state sovereignty to certain areas of maritime space. In this context, the Greater Mediterranean region should be considered as one of the most important in the world merchant shipping and naval support of international peace and security, as a basin that optimally connects the Atlantic and Indian Oceans from the point of view of logistics, which requires the formation of an appropriate scientific and methodological basis for full implementation of the fundamental principle of international cooperation in the maritime policy of the states of the region.MATERIALS AND METHODS. To substantiate the expediency of singling out the Greater Mediterranean as an independent object of legal regulation, general and special international legal treaties, the domestic legislation of the Mediterranean states, as well as political and legal documents indicating the existence of certain disputes and situations around certain zones of the Mediterranean water area, primarily – in the Eastern Mediterranean region. To obtain reliable and substantiated results of the study, methods of scientific knowledge were used: formal-legal, logical, historical-legal, system-structural analysis. Thus, the formal legal method made it possible to clarify the content and meaning of international legal treaties concluded at different times and aimed at regulating public relations in the maritime sphere. The logical method made it possible to substantiate the need for comprehensive international cooperation of the coastal states of the Greater Mediterranean. With the help of the historical and legal method, an overview was made of both the world, Soviet and Russian practice of applying the norms of domestic and international law on issues related to ensuring international law and order in the Greater Mediterranean region. The logical method made it possible to build the necessary connections and patterns of development of international legal regulation in the Greater Mediterranean region in the general context of ongoing universal and regional political and legal processes and transformations. Using the method of system-structural analysis, it was possible to display a holistic picture of law-making and law enforcement of the Mediterranean states, aimed at the formation of unified principles and norms for the exercise of the sovereign rights of coastal states.RESEARCH RESULTS. International maritime merchant shipping seems to be a very complex area of public relations with a large number of entities that have different legal status and, accordingly, are related to each other in a very different way.DISCUSSION AND CONCLUSIONS. This work is devoted to the study of the main trends in the development of the Greater Mediterranean region in terms of formulating key international legal guidelines and rules of conduct for its constituent states. The object of the study is the legal relations carried out in the maritime spaces of the Greater Mediterranean as one of the key regions, which, along with its economic and political significance, is an integral zone for the implementation of the national interests of the Russian Federation, extending to the entire World Ocean.

Communities of Romans and Italians abroad

This paper focuses on groups of Romans and Italians attested outside Italy, in all parts of the Roman oecumene, from the Iberian Peninsula and Britain to Asia Minor and the eastern frontier in Syria as well as from the Rhine and Danube to northern Africa. Groups of Romans and Italians are attested at different times in various places, in towns of varying legal status, of various size and importance, even in villages or settlements next to camps of legions. The duration of their presence and the terms adopted for their (self-)definition also display a certain variety. Out of an abundant source material and numerous local particularities that require a closer examination, I will attempt to focus on those data that could elucidate the nature, the legal status, and the organizationof these groups. Taking all this into account, I will reassess the possibility to classify groups of Romans and Italians abroad as private associations, as they are often mentioned in the related bibliography, the term used either consciously or just with the intentionto show that these groups were clearly visible and identifiable in the host-societies.

The Latino Middle Class

Latino educational gains over time and income mobility portend a burgeoning Latino middle class. In this article, we critically review scholarship on the Latino middle class, from theoretical perspectives aiming to explain Latino experiences to empirical research investigating mechanisms that promote, and barriers that thwart, upward mobility. Studies suggest that the Latino middle class is distinctive for many reasons—from structural barriers to asset accumulation, legal status precarity for self or family, financial responsibility for class-disadvantaged kin, and negative controlling images that bog down class ascension. Scholars’ recent efforts to decouple middle-class status from Whiteness is an important contribution that undercuts the notion that melding into Whiteness is the desired outcome of middle-class integration. In addition to the utility of education to upward mobility, we contend that studies of middle-class pathways should expand to recognize that Latinos are engaging in workarounds—career paths not requiring a bachelor's degree, such as business ownership or credentialed professions. Workarounds are an intervention that accounts for routes to mobility that are eclipsed by conventional conceptions of mobility. Ultimately, we argue that Latinos are attaining middle-class status even as they are racialized, thereby expanding the minoritized middle class.

The Body of Inquiry as a Participant in Criminal Proceedings

The article discusses the problematic aspects of determining the legal status of the body of inquiry as a participant in criminal proceedings. It is noted that despite a number of legislative changes, a considerable number of issues concerning the procedural position of the body of inquiry in the criminal process of Russia remain unresolved. The inconsistency of the legislator in determining the list of bodies of inquiry is separately indicated, the allocation among them of those who have the right to conduct a preliminary investigation in the form of an inquiry, and those who are authorized only to initiate a criminal case and carry out urgent investigative actions. Referring to the foreign experience and the historical development of this institution in domestic legislation, the author emphasizes the unjustified narrowing (compared with the pre-revolutionary state) of the number of state institutions belonging to the bodies of inquiry. The author criticizes the legislative criterion of attribution to the bodies of inquiry, based on the sign of the implementation of operational investigative activities. Special attention is paid to the shortcomings of the legislative definitions given in Article 5 of the Code of Criminal Procedure of the Russian Federation.

Categorical Inequalities and Canadian Attitudes toward Positive and Negative Rights

Abstract Liberal democracies are expected to provide residents with both negative rights, such as limitations against the abuse of police powers, and some range of positive (social) rights, such as access to social benefits. These rights are commonly deemed to apply equally, without respect to individuals’ ascriptive backgrounds. Existing research, often in the US context and focused on social programs, shows both support for abstract rights and group-specific prejudices. We interrogate whether similar patterns exist in Canada and innovate by directly examining negative and positive rights in the same study. Using a series of novel survey experiments, we demonstrate the degree to which categorical inequalities based on race and legal status affect public support for rights provision in Canada. Both rights are more recognized for citizens relative to out-of-status migrants, and legal status at times interacts with racialized minority status. Rights appear far from universal in the minds of Canadians.

Digitalization and Branding of Agung Manunggal Village Owned Enterprises in the New Normal Era

This community service program aims to provide assistance in obtaining the legal entity status of BUMKal Agung Manunggal and provide assistance in the form of training and creation of the BUMKal Agung Manunggal Website. This program has five stages of implementation, Stage 1: Observation to identify problems and potentials that can be developed. Stage 2: Program conceptualization is the stage of developing the program to solve successful problems. Stage 3: Program Implementation, aims to carry out training and assistance related to the status of obtaining a legal entity as evidenced by the existence of a legal entity certificate and digital marketing training. Stage 4: Pre Test and Post Test. The results of this implementation show that after mentoring and managing the legal entity BUMKal Agung Manunggal has the status of a legal entity that has been issued by the Ministry of Law and Human Rights of the Republic of Indonesia through the Ministry of Villages of the Republic of Indonesia. Furthermore, the training program and the creation of the Agung Manunggal BUMKal website provide solutions to the limitations of BUMKal

Practice what you preach: Does the legal status of microfinance institutions matter in gender equality?

AbstractConsidering the importance of promoting gender equality, Microfinance Institutions (MFIs) have emerged to reduce the gender gap by supplying credit opportunities to women. However, the microfinance literature has largely focused on the role of women in the client base while devoting less attention to their representation in the organizational structure of MFIs. This study aims to fill this gap. Using ANOVA and random effects models, our purpose is to investigate which types of MFIs more intensively promote gender equality within their workforce, at any of the organizational ladders. We analyze data from 1222 MFIs across 102 developing countries from 2010 to 2018. Empirical evidence reveals that the presence of females in both the workforce and the client base is significantly lower in commercially motivated MFIs (e.g., banks and other for‐profit institutions) compared to non‐government organizations (NGOs), and —to a lesser extent— credit unions, cooperatives and rural banks. Our results suggest that the microfinance sector would benefit from a stronger emphasis on NGO‐driven initiatives to promote female representation in terms of both employment opportunities and access to credit.

Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

Problematic aspects of the implementation of artificial intelligence in the field of jurisprudence

The article is devoted to highlighting problematic aspects of the implementation of artificial intelligence in the field of jurisprudence, in particular, in certain branches of law. Due to the rapid development of neural network capabilities, artificial intelligence is a tool for quickly completing tasks and processing information in various spheres of society, including in jurisprudence. Therefore, for a comprehensive analysis, it is necessary to identify problem areas for the implementation of such a phenomenon. It is noted that today there is no unified approach to defining the concept of artificial intelligence. The authors provide several definitions of this concept for the most complete understanding of the essence of artificial intelligence. The legislation does not contain a normative legal act dedicated to the issue of the essence and procedure for using artificial intelligence, which gives rise to such dilemmas. Despite the widespread use of artificial intelligence capabilities among citizens, there is a lack of interest, funding and development of educational methods for the effective use of artificial intelligence in professional activities on the part of government authorities. It is also stated that the introduction of artificial intelligence into professional activities requires staffing with specialists who can service the software. The problems of introducing artificial intelligence in the field of legal proceedings are analyzed. The use of artificial intelligence by courts risks undermining the autonomy of courts and the independence of judges. Artificial intelligence is not able to comprehensively evaluate evidence and make decisions based on moral standards. The issues of transparency of courts, guaranteeing fundamental human rights and freedoms, and software reliability remain open. The legal status of artificial intelligence in civil law is considered. Since artificial intelligence is capable of creating a work, questions remain regarding the protection of copyrights using artificial intelligence and legal liability in case of copyright infringement. A debatable and controversial topic is the definition of artificial intelligence as a subject or object in a civil legal relationship. It has been determined that the introduction of artificial intelligence in criminal proceedings can become a factor in increasing cyber attacks on the neural network with the aim of stealing, destroying, and making data public.

The right to freedom of speech: theoretical and legal aspect

The article defines the right to freedom as a vital role in the existence of humanity, as it allows citizens to take an active part in the country's political life and shape public opinion. The author notes that the right to freedom of speech has ancient historical origins. Documents were analyzed in which the principle of freedom of speech was declared, in particular the Great Charter of Freedoms (1215), Bill of Rights (1689), Declaration of Independence (1776), Declaration of the Rights of Man and Citizen (1789), Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights (1966) and other acts. It is emphasized that these documents became the basis for developing the right to freedom of speech in modern democratic countries and provided an opportunity to freely express one's opinions without being persecuted by the authorities. The article pays special attention to domestic regulation of the right to freedom of speech. The author notes that freedom of speech is one of the critical components of human and citizen rights in many legal systems. The theoretical aspect of this issue includes the analysis of different approaches and concepts to understanding the essence and scope of this subjective legal right. Philosophical foundations and legal methods for understanding "freedom of speech” are described. It was determined that the right to freedom of speech is not absolute and may be limited. The work lists the circumstances under which the outlined right may be limited. The author emphasizes that possible restrictions must be legal, necessary in a democratic society, and comply with the principle of proportionality. The article summarizes that freedom of speech is historically an essential human right, which forms the basis of the legal status of an individual. Without it, the functioning of a democratic state is impossible at all. But at the same time, it should be taken into account that freedom of speech is not only a right but also a responsibility that rests on those who use this right. Ensuring its adequate protection requires a combination of international standards, national legislation, and constant adaptation to modern realities.

Judicial precedent in the Romano-Germanic legal family

The article is devoted to the study of the institution of judicial precedent in the Romano- Germanic legal family. It is established that the countries of the Romano-Germanic legal family, unlike the countries of the Anglo-Saxon legal family under the influence of Roman law, in the context of codification of law, have determined for themselves the priority source of law - law, not precedent. However, there is a gradual increase in the role of judicial precedent in continental law countries due to a number of factors that contribute to the intensification of judicial rulemaking. First, in these countries, there are still branches of law that, for various reasons, either do not have legal regulation or are regulated only by general reference rules or framework provisions. For objective reasons, the legislator cannot foresee the entire variety of real-life phenomena. This pushes the courts to adopt legal provisions that can fill in the gaps in the legal regulation of social relations. Secondly, there is a noticeable lag between legislation and dynamically changing social relations, resulting in the formation of large segments of social life regulated by legal acts that have lost their relevance. The current realities, which are largely full of unpredictable events, highlight the need for legal systems to adapt. All of this contributes to the use of judicial precedents, which serve not only as a tool for resolving specific disputes, but also as a means of developing law, allowing to fill existing «gaps in law». In the Romano-Germanic legal family, the real legal force of a judicial precedent is determined not so much by its formal enshrinement in legal acts as by actual life circumstances. Real-life situations, as well as the practical necessity and demand for precedent as a source of law, play a key role in determining its true legal status and legal force. Judicial precedent in continental law countries is becoming increasingly important, becoming an integral element of dynamic and adaptive legal regulation over time, and the rules establishing the generally binding force of precedents and the discretionary powers of authorized bodies are increasingly common in both public and private law in these countries. Judicial precedent in these countries should be considered as a source of law from a practical point of view, focusing on solving problems arising in the process of law enforcement.

Urban agglomerations as forms of cooperation of communities in the post-war reconstruction of Ukraine

The decentralization reform, which is undoubtedly one of the most successful in Ukraine, contributed to the formation and strengthening of the foundations of the functioning of the municipal government in Ukraine, which in the conditions of a full-scale war demonstrated the ability to counter extraordinary challenges, ensuring the functioning of the economy and the livelihood of the population. Local self- government bodies not only made a significant contribution to strengthening the defense capability of the state, but also provided support to communities that were occupied/de-occupied, provided temporary housing and created favorable conditions for the integration of forcibly displaced persons into the community, guaranteed the timely provision of the entire range of services at the community level, etc. The article is devoted to the search for ways to improve the institution of local self- government in the conditions of war and post-war reconstruction of Ukraine, which will speed up the reconstruction of destroyed settlements, lead to the growth of economic indicators and a significant increase in the level of providing services to the population. The author substantiates the need to revise the legislative regulation of issues of cooperation of territorial communities, in particular by creating urban agglomerations as one of the types of cooperation of territorial communities. The practice of functioning of urban agglomerations in foreign countries and the prospects of creating such agglomerations in Ukraine are analyzed. Attention is focused on the efforts of legislative regulation of the functioning of urban agglomerations, the debatability of the norms of the draft laws, which defined urban agglomerations as a separate component of the administrative-territorial system, contained norms that, having established the principle of mutual benefit, essentially legitimized the attempt of large cities to extend the sphere of their influence to adjacent territories, expand the boundaries of own powers at the expense of the powers and resources of neighboring territorial communities. It is proposed to supplement the Law «On the Cooperation of Territorial Communities»; and some other laws with separate regulations determining the legal status of agglomerations, to provide for the formation of the agglomeration council and to include in its sphere of competence consideration of issues affecting the common interests of territorial communities that are part of the agglomeration, and to provide a list of basic powers, which may vary depending on the amount of institutional capacity of the respective agglomeration.