Local Self-government Research Articles

Risks of using digital technologies in the activities of local government bodies

The subject. The article analyzes the existing practice of implementation and use of digital technologies at the municipal level. The choice of the research object is conditioned by the fact that currently most acts in the field of digitalization of public authority affect the federal or regional level, meanwhile, the digital transformation of local self-government has its own specificity, due to the peculiarities of this level of social management, which should be taken into account in the legal regulation.The purpose of the study: identify the risks that have a negative impact on the process of digital transformation of local governance, and propose measures to minimize or eliminate the identified risks by legal means.Methodology. The research utilized integrated and interdisciplinary approaches. The methodological basis of the study was formed by a set of methods of cognition, the main of which were: methods of formal and dialectical logic and analysis, comparative-legal and system-structural methods, as well as sociological methods of research.Conclusions. The following conclusions were made based on the results of the research:1.The main risks of introducing digital technologies in the activities of local government are: the risk of violating the security and confidentiality of personal data of citizens during their processing and storage in the digital systems of local government; the risk of cyberattacks, hacking or unauthorized access to information systems operated by municipal authorities; the risk of insufficient legal regulation of the introduction and use of digital technologies; the risk of using inappropriate or low-quality digital technology.2.The following measures are proposed as measures to minimize the identified risks: systematic mandatory informing of both local government officials and the public on the correct procedure and liability measures for the implementation and operation of digital technologies, transmission, storage and processing of personal data, etc., which will contribute to the formation of the necessary level of legal literacy; revision of the system of penalties for deliberate violations in the field of operation of digital technologies by local government officials; organize control over the acts adopted by local government bodies with the involvement of the population and the use of digital technologies to receive feedback from the population on the acts adopted by local government bodies; develop and consolidate the principles and procedures for the introduction and use of end-to-end digital technologies in the activities of state and municipal authorities; provide for the possibility of revising any decision made in case of a technical failure that occurred in the course of the decision-making process; provide for the use of digital technologies in the activities of state and municipal authorities; and provide for the use of digital technologies in the activities of local government bodies.

Reorganization of the administrative-territorial system and self-government in Subcarpathian Rus in 1919-1926

The article analyzes the organizational and legal prerequisites and the process of reorganization of the administrative and territorial system and the formation of local self-government on the territory of Subcarpathian Rus (Transcarpathia) during the first half of the 20s of the 20th century. It was established that the system of administrative and territorial organization of the region was formed gradually, undergoing minor changes at the initial stage. At this stage, the Czechoslovak Socialist Republic in the former Hungarian lands (Piedkarpattia) not only adopted the existing Hungarian administrative system to a certain extent, but also partially adapted it to its needs. It has been analyzed that instead of Czechoslovak committees under Law No. 126/1920, the old Hungarian committee administration, modified by Law No. 210/1920 and Government Decree No. 476/1920, remained in force in Subcarpathian Rus. It was established that after the recognition of the invalidity of the Committee Law No. 126/1920 and the unsuccessful attempt to introduce Government Decree No. 352/1920 in Subcarpathian Rus, the government of the Czech Republic began to be interested in the centralization of power in the region. It is noted that the resolution of the Presidium of the Ministry of Internal Affairs of Czechoslovakia No. 22093 dated August 26, 1921 approved a new administrative-territorial system with a division into three counties and 19 districts. The cities of Uzhhorod and Mukachevo were declared settlements with a regulated magistrate. It is proven that the limitation of local self-government was based on government decree No. 171/1923, the principle norm of which was the appointment of new district notaries, who became civil servants supervising self-government. Corresponding conclusions were made regarding the support by the state authorities of the Czechoslovak Republic of the principle of vertical subordination of self-government bodies, especially city ones, which even illusory did not correspond to the principles of the autonomous organization of the region stipulated by the Saint-Germain Peace Treaty.

BUDGET DECENTRALISATION: RESULTS AND CURRENT CHALLENGES

The purpose of the paper is to analyse the results of budgetary decentralisation in Ukraine, to identify the factors that have the greatest impact on its success, and to identify the urgent tasks for improving the financial capacity of hromadas. Results. The article analyses the content of the strategies for reforming the public finance management system for 2017-2020 and 2022-2025, as well as the reports on the implementation of the Strategy for the period February 2017 – December 2019 and for 2022. The paper identifies the main achievements and unresolved issues of implementation of these strategies. The study highlights the factors that have the greatest impact on the success of the implementation of the tasks of reforming the public finance system. The coefficients of budgetary centralisation and decentralisation are calculated on the basis of expenditures of the Consolidated, State and local budgets. The article examines the results of a survey of local government representatives conducted in 2023 from April 27 to May 4 by the Kyiv International Institute of Sociology within the framework of the Sectoral Support Initiative for Civil Society in Ukraine project on the availability of post-war recovery plans in hromadas. Value / Originality. The undisputed results of the budget decentralisation for the period 2017-2020 include an increase in the volume of local budgets' own financial resources and a certain improvement in the quality of public services provided to consumers, but it is noted that the goals of the Strategy for Reforming the Public Finance Management System were not achieved during this period. The authors note a significant improvement in the quality of strategic planning in 2021 compared to 2016. It is emphasised that the implementation of most of the budgetary decentralisation measures planned in the latest Strategy was prevented by the full-scale war with Russia. Among the unresolved issues of the reform are the following: significant dependence of local self-government on central government transfers, duplication of functions by district and regional state administrations, low human and institutional capacity of local self-government bodies, and the procedure for administering local taxes. One of the urgent tasks of budgetary decentralisation is the need to develop and implement post-war reconstruction measures.

The legal foundations and specifics of exercising corporate rights by individuals authorized to perform local self-government

Financial liberalization is a widely adopted policy for countries to enhance growth. Financial liberalization enables financial institutions to proceed with innovative activities by familiarizing themselves with fewer mortgage loans in the financial market. Financial liberalization is a widely adopted policy for countries to enhance growth; however, it is a complex and controversial issue, with different studies providing contrasting perspectives. Financial liberalization is considered an efficient way to measure and change the financial market and structure in order to reach a position to get financial liberalized markets under an efficient and effective guideline. In the case of Vietnam, very few scholars have investigated the issue of financial liberalization-led growth. This endeavor examines the effects of financial liberalization on economic growth in the presence of control variables for Vietnam over the period of 1990 to 2021. This study uses the Autoregressive Distributive Lag Model approach due to its several advantages. The results show that financial liberalization enhances economic growth, which implies that more liberalization results in enhanced growth in Vietnam. Improved access to credit is another positive outcome of financial liberalization, as it can result in greater access to credit for individuals and businesses, enabling them to make investments and expand their operations. Hence, the results support the neo-liberal view of liberalization.

Нормативные и практические аспекты политического участия и самоуправления граждан: анализ кейса (по материалам исследования органов местного самоуправления в Сургутском районе)

Citizen participation in local self-governance is a crucial factor in shaping democracy at the municipal level. This process exhibits a dual nature: the population serves as an intermediary between state and local authorities while simultaneously facilitating the implementation of direct and feedback mechanisms within the governance system. By examining the settlements in the Surgut District, we traced the mechanisms through which citizens are engaged in local self-governance by utilizing various forms of participation provided for in fundamental regulatory acts, such as settlement charters. The analysis of the collected data revealed two significant trends in the development of civic participation practices. The first trend is the depoliticization of civic activity; the second is the widening gap between the normative regulation of citizen participation in self-governance and the actual development of its mechanisms. According to the authors, these trends are driven by the increasing importance of administrative control in the context of building a unified power vertical.

The role of local self-government in the reintegration of the de-occupied territories of Ukraine

The role of local self-government in the reintegration of the de-occupied territories of Ukraine

Formation of financial and economic basis of local self-government in the Сhechen Republic

Formation of financial and economic basis of local self-government in the Сhechen Republic

Decentralized planning for non-communicable diseases: protocol for an explanatory study of local self-government projects in Kerala, India

Background: Priority setting and resource allocation in decentralised planning is often not in line with the social and economic burden associated with non-communicable diseases (NCD). This is a protocol developed for the purpose of analysing the pattern of budgetary allocation and utilisation of funds for health sector projects on non-communicable diseases by the local self-government (LSG) institutions in Kerala. It is also proposed to document the processes along with the stakeholders’ role in planning. Methods: Following explanatory design, first we will do secondary data analysis of health sector projects on NCD fund allocation and utilisation, followed by document analysis and key informant interviews in LSGs at selected districts of Kerala. Following policy framework used in public health related policy processes, will perform descriptive analysis, based on stages heuristic in decentralised planning. Multiple dimensions of priority setting and allocation process will be studied. Explanatory analysis for resource allocation process will be studied using Kingdon’s multiple streams framework. Conclusions: The study will help in understanding the decision-making process for fund allocation with the specific focus on NCD. It will also help in building an evidenced based framework for decentralized health planning. Trial Registration: No: SCT/IEC/1849/FEBRUARY/2022.

Public Health Policy and Advocacy: A Management Perspective

The division of authority and accountability between the federal government and the states is one of the public health governance system's most significant advantages and concurrent problems. The policy management suggests that the best course of action is to develop institutional frameworks for consultative decision-making, allocate resources in an equitable manner, and implement policies in a coordinated manner. The proposed methods include improved fiduciary risk management, capacity building, technical support for state-specific strategic plans, active local self-government engagement, and community-based health output monitoring. The idea put forth in this paper is that HR rules, which are centred around the requirement that individuals with a background in public health management hold high positions in the field, should be tightened.

The victim and the subject as elements of the object of the «abuse of influence» offense

The paper examines the features of the object of the crime provided for by Art. 369-2 of the Criminal Code of Ukraine, such as the victim and the subject of the crime. It has been established that in the course of the commission of this offense, the victim is usually excluded. An exception is only the qualified structure of the crime, which is related to the demand of unlawful benefit (Part 3 of Article 369-2 of the Criminal Code of Ukraine). A natural person becomes a victim when extortion is committed, provided for in Part 3 of Art. 369-2 of the Criminal Code of Ukraine, since, as is known, extortion involves the threat of violence against the victim or his close relatives, restriction of the rights, freedoms or legal interests of these persons, damage or destruction of their property or property in their custody or under protection, or disclosure of information that the victim or his close relatives wish to keep secret. The debatable issue regarding illegal gain as a subject or means of committing a crime, provided for in Art. 369-2 of the Criminal Code of Ukraine, has been researched. It has been argued that unlawful benefit should be recognized as the subject of this criminal offense, since the socially dangerous acts described in this article, which consist in the offer, promise or provision of unlawful benefit, as well as in the acceptance of the offer, promise or receipt of unlawful benefit, are committed for the purpose of unlawful benefit, regarding it, as well as the presence of such a criminal offense as abuse of influence is connected with its properties. At the same time, the unlawful benefit specified in Art. 369-2 of the Criminal Code of Ukraine cannot facilitate the commission of this crime, since the actual actions in relation to it constitute criminal influence. This crime is embodied precisely in the actions regarding the wrongful gain. Without illegal benefit, there will be no act, and therefore there is no reason to talk about ensuring its commission or facilitating it. It has been determined that an unlawful benefit could be the means of committing a criminal offense only if the provision of Art. 369-2 of the Criminal Code of Ukraine covered the actual criminal influence on decision-making by a person authorized to perform the functions of state or local self-government.

SUSTAINABLE DEVELOPMENT AND GREEN GOVERNANCE THROUGH PARTCIPATORY DEMOCRACY

Mahatma Gandhis vision of Gram Swaraj underscores the significance of self-sufficient and autonomous village communities, with anemphasis on the provision of clean drinking water, sanitation, and healthcare as essential elements of sustainable development and progress. The Panchayat Raj Act of 1994 was enacted by states to strengthen participatory democracy in India by conferring constitutional legitimacy to gram panchayats and establishing a three-tier structure of local self-governance at the village, block, and district levels. The implementation of the Panchayat Raj Act has, however, faced numerous challenges. There exists a disconnect between the planners and the implementers, the visionaries and the executors, and the administrators and the community at large, which has undermined the efficacy of this system designed to ensure grassroots democracy. This article is an attempt to redress the issues of sustainable development from grassroot level, the hope is that this will be an eye opener for the government to effectively fund and realise that green governance is the key factor for sustainable development and it can be best achieved through the local self-government institutions.

지방의회 정책지원관제도의 운영실태 분석:지방의회 자치법규를 중심으로

In the 30 years since the revival of local autonomy, the Local Self-Government Act has made significant progress through the introduction and supplementation of systems related to resident autonomy and organizational autonomy. In the process, local demands and the transfer of authority from the center were negotiated and struggled for, and were incorporated into the law and system one by one, culminating in the complete revision of the Local Self-Government Act in January 2021. The basis for the operation of local council policy support officers was also laid at this time, and the policy support officer system was introduced in response to the demand for responsibility and authority to 'strengthen local council professionalism' and is currently operating within the range of one in two local council members. Research on local council policy support professionals has been conducted steadily before the introduction of the policy support officer system, and after the introduction of the system, studies have centered on the effectiveness of the system, but comparative studies on the autonomy law, which is the basis for the operation of the system, are rare. Therefore, this study examines the issues surrounding the policy support officer before and after the introduction of the policy support officer system, and draws out the main issues through a comparative analysis of the operation of the policy support officer system based on the autonomy law. The results showed that the main issues surrounding the policy support officer system, which was introduced to improve the professionalism of local councils' legislative activities, are: (i) similar organizations, (ii) the scope of duties, (iii) performance evaluation, and (iv) office management process.

The Capacities and Sustainability of Croatian Cities in Performing Municipal Services

The system of local and regional self-governments in the EU is characterized by an extremely large number of small units. The situation in Croatia, a country with only 3.87 million inhabitants, is no different. There are 576 local and regional self-government units. The basic feature of self-government in Croatia is the equal scope of authority in performing tasks, regardless of the number of inhabitants, the area they inhabit, or their ability to pursue sustainability objectives. In this paper, we analyze the capacities of performing municipal services in 127 Croatian cities and examine whether cities differ in their ability to perform public functions. Results show that cities can be grouped into three different clusters. The validity of the results on clusters was confirmed with an ANOVA, where a significant difference was found between all three clusters. Ranking cities according to the capacity for providing municipal services shows that cities with higher capacities are clustered together, implying that cities indeed differ in their ability to perform municipal services. Further, the results indicate that 80 percent of the cities belong to the cluster that consists of cities with a very low capacity for providing public services.

The administrative procedure for granting permission by the body of guardianship and guardianship for the execution of transactions with respect to immovable property, the right of ownership of which or the right of use of which the child has

Ensuring the proper administrative procedure and transparency in the activities of the guardianship and guardianship authority regarding the granting of permission to commit acts where the child has the right of ownership and use is one of the main directions of observing the property rights and interests of children in a democratic society and should be guaranteed and protected by the state. In connection with the armed aggression of the Russian Federation and in the conditions of military actions against Ukraine, an acute problem arises of the proper protection of the rights and interests of children in relation to the property in which the child has the right of ownership and use, and the proper control of the body of guardianship and care over their execution and compliance by all authorities and local self-government of the procedure for adopting and granting the appropriate permission for the implementation of the provisions of normative legal acts in compliance with the provisions of the new Law of Ukraine “On Administrative Procedure”. In connection with the adoption of the Law of Ukraine “On Administrative Procedure”, which introduces the institution of interested persons, i.e. another person whose right, freedom or legitimate interest is negatively affected or may be affected by an administrative act (Article 27 of the Law), the issue of obtaining consent arises not only parents and legal representatives of the child to obtain the appropriate permission of the body of guardianship and guardianship regarding the execution of transactions with the property owned and/or used by the child, as well as other co-owners of the given property, whose rights and interests may be violated when the relevant administrative act is adopted. In addition, conflicting issues that are not regulated in the current legislation of Ukraine regarding the refusal and/or suspension of the consideration of an administrative case when the guardianship authority grants permission to commit transactions with property owned and/or used by a child are considered. The article examines the advantages and disadvantages of these norms and the conflicting gaps that exist in the administrative procedure for obtaining the permission of the body of guardianship and care for the execution of transactions regarding real property, the ownership of which or the right to use which the child has.

Проблемы правового статуса агломераций в российском законодательстве

The article examines the problems of the legal status of agglomerations. The authors determine the main characteristics of agglomerations, identify problems of their functioning, including problems of interaction between municipalities that make up the agglomeration, analyze relevant foreign experience (Spain, Argentina). Based on the results of the study, the authors come to the conclusion that more detailed legal regulation of agglomerations is necessary within the framework of the legislation on local self-government.

Village Self-Government in the Period 1944-1955 in an Anthropological Perspective: The Example of the Village of Dobri Do

Rural self-government is an insufficiently researched topic in domestic and foreign anthropological literature. What is more, the extent to which archives of local self-government bodies can be useful as sources for anthropological research has not been sufficiently studied. For this reason, an attempt was made to provide a contribution to a better understanding of these scientific issues on the example of the village of Dobri Do in the vicinity of Pirot, and on the basis of material in the Historical Archive of Pirot that refers to the work of the Local People's Committee in this village. The period after the Second World War was chosen, due to the state of the materials in the archival collections and the fact that the period was marked by numerous processes that highlighted scientific problems more clearly. It started from the assumption that the local self-government, as a mediator between the rural community and state authorities, was primarily directed towards protecting the interests of the rural community itself. The analysis showed that MNO archives can be very useful sources, and that they can be combined with classical anthropological research methods (participant observation, interview, biographical method). Nevertheless, a critical attitude must be taken towards this archival material, because it is incomplete, insufficiently conscientiously collected and organized. Based on the available material, it is possible to see many questions that have not been raised so far about the relationship between the local community and state institutions. Further research will show to what extent it is possible to improve the use of this material within ethnological and anthropological research.

Cohesion Policy in the European Union and Its Impact on the Regulatory Framework in Bulgaria

The cohesion policy in the European Union aims to reduce regional disparities and stimulate economic development through the application of various financial instruments. The synchronization of national legal regulations with the European regulatory framework necessitates the amendment and supplementation of applicable and existing legal acts specifically related to the management of funds from European funds under shared management. This article presents the cohesion policy of the European Union and the impact of its implementation on regional policy in Bulgaria. The study pays special attention to the application of the regulatory framework regarding the “cohesion policy” in the context of implementing local self-government and local administration. Following Bulgaria‘s accession to the European Union in 2007, the country has utilized the European Union‘s structural funds to reduce regional disparities, enhance economic growth, and promote sustainable development. This research evaluates the effectiveness of these policies, their role in the regional transformation of Bulgaria, and the latest challenges and future prospects.

Local Self-Government in Certain Territories in the Russian Federation (General and Special Aspects)

Local Self-Government in Certain Territories in the Russian Federation (General and Special Aspects)

Understanding collaboration beyond contracting: the relationship between inter-organizational collaboration and hard/soft control

PurposeThis paper aims to extend insights about the relationship between inter-organizational collaboration and approaches to control from the perspective of decision-makers. We investigate the relationship between approaches to control and intended forms of integration between actors responsible for solving the complex problem of integrated person-centered care for elderly with diverse and significant needs.Design/methodology/approachThe empirical study is based on a content analysis of contractual agreements. We have analyzed a total of 118 collaboration agreements and associative documents between all Swedish regions and municipalities.FindingsThe study shows that intended integration is subject to remarkable variation in intended forms of inter-organizational collaboration in this Swedish case. The paper illustrates that decision-makers’ intentions with proposed collaboration in each given context are important for the chosen approach to control. Regardless of intended forms of integration, our study suggests that an imminent soft approach to control is expressed alongside limited signs of hard control. Various forms of intended integration can be managed by the two approaches simultaneously insofar as the agreements appear to have a two-sided purpose.Originality/valueOur paper proposes an empirically driven taxonomy of intended forms of integration initiatives. The taxonomy provides resources for studies about how collaboration can be managed when it is stipulated by national legislation but local self-governance gives actors considerable freedom to decide on how to organize and manage services. By presenting the taxonomy and relating this to approaches of control, our iterative study builds on and adds to a recent stream of research arguing that the relationship between collaboration and approaches to control may by fuzzier and more complex than originally thought.

A mechanism for ensuring people’s trust in the activities of municipal communities

The article discusses the most important features of the specifics of the mechanism for ensuring people’s trust in the activities of municipal communities. Among these, the author considers: municipal elections, with their peculiarities of organization, alternative forms of direct democracy and effective interaction between state authorities and local self-government. The organization of a unified system of public authority that operates effectively and efficiently, without the trust of the population in municipal authorities, is impossible. But at the same time, municipal authorities must simultaneously enjoy the trust of the competent authorities of the subject of the Russian Federation.