Local Self-government Authorities Research Articles

Prospective Formats of Interaction Between State and Local Self-Government Authorities and the Population in the Context of the Further Development of a Unified System of Public Government in Constituent Entities of the Federation Reunited with Russia

Prospective Formats of Interaction Between State and Local Self-Government Authorities and the Population in the Context of the Further Development of a Unified System of Public Government in Constituent Entities of the Federation Reunited with Russia

On the Issue of Creation of Guaranteeing Management Companies by Local Self-Government Authorities

On the Issue of Creation of Guaranteeing Management Companies by Local Self-Government Authorities

Implementation of Advanced Legal Regulation by Local Self-Government Authorities in Law Enforcement Practice Materials

Implementation of Advanced Legal Regulation by Local Self-Government Authorities in Law Enforcement Practice Materials

Некоторые проблемы современной российской урбанизации и роль органов местного самоуправления в их решении

Today, the majority of the world's population is living in cities and other urbanized localities. The Russian state is not an exception, as at the present-day stage 3/4 of the population are urban dwellers. An important role in the state is assigned to the main city, the capital, where the supreme government authorities, financial and other resources are concentrated, with maximum opportunities for the development of high-quality and comfortable urban environment created in the capital and outside of it. Government authorities have the greatest opportunities for the development of the state capital. However, local self-government authorities also play a certain role in the development of the main city of the country. With this in mind, the most Russian cities are municipal structures, where the task of raising their attractiveness, competitiveness, safety and comfort is imposed on local self-government authorities as the first element of public government. The importance of implementation of the above lies in ensuring the equal development of cities all over the territory of Russia.

Metody oceny potencjału lokalnych strategii i programów w zakresie energii i efektywności energetycznej w społecznościach Ukrainy

There is suggested the Methods for assessing the potential of local strategies and programmes as a practical tool for assessing the ability of local strategies and programmes in the field of energy and energy efficiency. Due to the use of the Methods, local communities and specific energy cities will be able to identify a compliance level of their local strategies or programmes to legislative and regulative acts of both national and regional levels. This assessing the ability of local strategies and programmes will provides ordering a system of strategies and programmes, and will be a significant step to the practice of energy efficiency and energy sustainability. In the paper, we will analyze strategies and programmes of six local communities of six Regions (Oblasts) of Ukraine with the help of the suggested Methods. Due to this approach, we will cover with analysis different regions of Ukraine. The findings will be represented in conclusions. In practice, findings represented in the paper, could be interesting for energy companies, Local Self-Government Authorities, utility companies, academia, and a wide audience interested in issues on energy and energy efficiency. The approbation of the Methods is represented on the example of Ukrainian communities; nevertheless, this is a good example that can be used by territorial units in different countries.

О системе органов местного самоуправления как неотъемлемой части единой системы публичной власти

In article investigates definition of “system” of local government on the basis of constitutional and legislative regulation. Introduced a new approach to classification of local self-government bodies on two groups — obligatory and elective with their subsequent separation. The definition of the system of local self-government bodies and system of public authorities of federal territories is given. The content of the concept of “unity of the system of public power” is revealed in relation to the system of local self-government bodies. In addition, authors once again confirmed justness inclusion of system of local self-government bodies into single system of public authority in the state.

АССОЦИАЦИИ ТЕРРИТОРИАЛЬНОГО ОБЩЕСТВЕННОГО САМОУПРАВЛЕНИЯ: ПРАВОВЫЕ ОСНОВЫ ДЕЯТЕЛЬНОСТИ И ПОТЕНЦИАЛ ОБЩЕСТВЕННОЙ КОНСОЛИДАЦИИ ДЛЯ РАЗВИТИЯ ТЕРРИТОРИЙ

The article discusses the legal nature of associations of territorial public self-government and summarizes the practice of their organization and activity; examines the interaction of ssociations, public authorities, and local self-government authorities regarding the federal districts; identifies regional features of the establishment and activity of territorial public self-government associations; studies and considers legal acts regulating the activities of associations and their statutory documents, as well as directions and types of associations’ activities; and studies the court practice on disputes with associations. Territorial public self-govern ment associations play an important role in consolidating regional and local communities and involving them in solving problems of territorial development. The activities of regional territorial public self-government associations are systematized. The general approaches of territorial public self-government associations to the issues of community involvement in solving territorial development problems are presented, some of which can be used in model legal acts.

Legal regulation of land parcel normative monetary valuation approval by local self-government authorities

Introduction. In this paper, the legal nature of decisions made by local self-government authorities regarding the approval of technical documentation for normative monetary land valuation is analyzed. The recognition of these decisions as regulatory legal acts has been a complex issue, resulting in numerous disputes within the Ukrainian judiciary. The aim of this analysis is to enhance understanding and offer guidance on the implementation of these decisions within a legal framework. The purpose of the paper is to assess the legal standing of determinations issued by local self-governing bodies when it comes to the approval of normative monetary land assessments. We aim to determine whether such decisions can be considered regulatory legal acts and how this affects the economic and administrative relations between public administration entities and business entities. Results. During the analysis, key aspects of law as a societal phenomenon, legal norms, normative legal acts, and their history of emergence were thoroughly examined. Technical documentation related to normative monetary land valuation was also extensively explored. Particular attention was given to the history of land appraisal instruments, demonstrating that the primary objective of these instruments has always been to establish the objective natural characteristics of land, upon which land fees are calculated. Conclusion. The results of this research clearly indicate that decisions made by local self-government authorities concerning the approval of normative monetary valuation do not qualify as regulatory legal acts. They do not include mandatory legal norms established by law and do not regulate economic or administrative relations between public administration entities and business entities. In practice, this means that business entities have the opportunity to reduce land fees payable to the local budget. The conclusions of this study, supported by legal doctrine and the practical contributions of legal professionals, can be a valuable addition to the field of land law science and practical activities within this realm.

Assessment of the activities of local self-government bodies in the field of fire safety: current problems and ways to solve them

The object of the study is the powers of local self-government bodies. The subject of the study is an assessment of the effectiveness of the activities of local self-government bodies both in general and in the field of fire safety in municipalities. In the article, the central place is given to the issues of evaluating the activities of local self-government bodies as elements of the control system for the implementation of the powers assigned to them. The authors consider the legal principles of the organization of local self-government of the legislation of the Russian Federation regulating this subject area. Based on the methods of system analysis, the authors have identified a range of problematic issues that may arise when the supervisory authority evaluates the implementation by local self-government authorities of the ability to organize primary fire safety measures. The analysis of the provisions of the regulatory legal acts of the Russian Federation, which consolidate both the general powers of local self-government bodies and the list of powers in the field of fire safety, is carried out. The scientific research devoted to the assessment of local self-government bodies and improving the efficiency of their work is considered. The main conclusions of the study suggest that the studied materials do not take into account the indicators of ensuring primary fire safety measures, which increases the likelihood of formalization of the results and violations of the mechanism for improving the efficiency of the subjects of legal relations. There is no regulation of the list of measures that make up the implementation of such authority as ensuring primary fire safety measures in the system complex. The novelty of the research is to find a way to solve the problem of evaluating the activities of local governments in the field of fire safety in the territory of the municipality. A special contribution of the authors is the systematization of the powers of local self-government bodies on fire safety, taking into account the nature of the activities carried out, the definition of a list of criteria for evaluating activities, taking into account factors that can influence its provision, the search for methodological approaches to evaluation. The necessity of developing a methodology for assessing local self-government bodies in the field of fire safety is determined.

Extraterritorial effects of territorial self-government decisions

As a result of expanding globalisation, states in various cases, in order to protect different interests and by reference to different principles, increasingly abandon rigid adherence to the principle of non-interference in the internal affairs of other States in the area of prescriptive jurisdiction and reciprocally accept the extension of the effects of individual legal acts issued by another State on their territory. In the conditions of the European Union, this acceptance concerns civil, criminal and administrative matters. It is individual administrative acts that are of particular interest from the point of view of the possibility of acquiring extraterritorial effects, because for several of tchem no specific recognition procedure is required. The aim of this paper is to characterize administrative acts with extraterritorial effects. Then to define the basic regimes for recognition and enforcement of administrative acts and to present examples of their application in the conditions of the Slovak Republic. Lastly to identify examples of administrative acts of local self-government authorities with extraterritorial effects and, following the examples thus identified, to present the regimes of their recognition and enforcement.

KWESTIA SŁUŻBY CYWILNEJ W ADMINISTRACJI SAMORZĄDOWEJ – PORAŻKI I ZANIECHANIA OKRESU III RP

The subject of the analysis is the issue of the legitimacy of introducing the civil service model in Polish local government administration. Local self-government authorities have been functioning in Poland since the Second Polish Republic (baseding in this respect on various regulations of the partitioning states and France from the period of the Duchy of Warsaw and the validity of the Napoleonic Code). In the too “pink” and overly optimistic perception of the model of Polish local government, attention should be paid to the areas of omissions and visible failures. For such a failure in the light of the functioning of the territorial self-governments of the Second Polish Republic was the failure to establish voivodeship selfgovernments (apart from two units from the former Prussian and German partitions) and the failure to extend the state civil service (according to the model from February 1922) from state administration to self-government administration. Especially after 1994 (the second self-government election), we had to deal with a kind of appropriation of self-government administration structures by strengthening political parties and local coterie centered around village heads or mayors.

KWESTIA SŁUŻBY CYWILNEJ W ADMINISTRACJI SAMORZĄDOWEJ – PORAŻKI I ZANIECHANIA OKRESU III RP

The subject of the analysis is the issue of the legitimacy of introducing the civil service model in Polish local government administration. Local self-government authorities have been functioning in Poland since the Second Polish Republic (baseding in this respect on various regulations of the partitioning states and France from the period of the Duchy of Warsaw and the validity of the Napoleonic Code). In the too “pink” and overly optimistic perception of the model of Polish local government, attention should be paid to the areas of omissions and visible failures. For such a failure in the light of the functioning of the territorial self-governments of the Second Polish Republic was the failure to establish voivodeship selfgovernments (apart from two units from the former Prussian and German partitions) and the failure to extend the state civil service (according to the model from February 1922) from state administration to self-government administration. Especially after 1994 (the second self-government election), we had to deal with a kind of appropriation of self-government administration structures by strengthening political parties and local coterie centered around village heads or mayors.

Areas of Concern in Exercising the Reliable Heat Supply Management Powers by Local Self-Government Authorities

Areas of Concern in Exercising the Reliable Heat Supply Management Powers by Local Self-Government Authorities

Specifics of Providing Information Services by State and Local Self-Government Authorities under the Conditions of Marital Law

The purpose of the article is to identify the specifics of information services provision by state and local self-government authorities under the conditions of martial law, to update their relevance and provide recommendations how to involve them in activities of these authorities. The research methodology consists in the application of general scientific methods of analysis and synthesis, induction and deduction, generalisation and abstraction, overview and analysis, description and comparison, which made it possible to cover the subject of the research and achieve the purpose of the work. The scientific novelty of the paper lies in the generalisation and systematisation of knowledge about the specifics of the provision of information services by state and local self-government authorities under the conditions of martial law and making them up-to-date with regard of the present and future prospects. Conclusions. Under the conditions of martial law, the provision of information services to citizens, which is entrusted to state and local self-government authorities, acquires significant specifics. Taking into account the main ones, in particular, such as: limiting access to public information; introduction of a special mode of operation of state authorities, state registers, and databases and control over the content and spreading of public information; extending the scope of competence and powers of managers in matters of public information disclosure; the possibility of refusing and delaying the satisfaction of requests for public information, which makes it possible to ensure the right of citizens to receive public information in a timely and efficient manner under conditions of martial law. Key words: martial law, state and local self-government authorities, public information, information services, state registers, managers of public information, requests for information.

ЗАВДАННЯ ТА ПРАВОВІ ПІДСТАВИ УЧАСТІ ОРГАНІВ МІСЦЕВОГО САМОВРЯДУВАННЯ У ЦИВІЛЬНОМУ ПРОЦЕСІ В ІНТЕРЕСАХ ІНШИХ ОСІБ

Pursuant to part 1, article 56 of the Civil Procedure Code of Ukraine (CPC), when submitting written proof supporting the existence of substantiating reasons that make it impossible for individual appeals of interested parties to the courts, it is reasonable to apply this provision to the cases in which the participation of a local self-government is optional. Such persons have an official interest, and their participation in the case facilitates to protect the rights and legitimate interests of the minors and disabled participants of civil proceedings. Local self-government bodies may apply to the court in the interests of other persons or enter into the initiated proceedings by themselves or at the request of the court. In addition, such subjects are able to provide conclusions in the exercise of their powers. Taking into consideration the expediency of barring the participation of the local self-government in the case of legal succession or the substitution of an inadequate respondent and the inadmissibility of the participants causing turmoil as to the outcome of the case in their absence, it is suggested to introduce a new edition of part 1, article 56 of the CPC as follows: «The authorities and other persons, who pursuant to article 56 of this Code, applied to the court in the interests of others, have procedural rights and responsibilities of the person on behalf of whom they are acting, with the exception of concluding a settlement agreement; settling the dispute with the participation of a judge; as well as soliciting a motion to further case consideration in their absence.» In order to legally establish the location of the local self-government authority which is to be relevant to the case in question, if the location of the place where the case is being considered differs from the location of the residence of the person in whose interest it is tried, the following third sentence is to be added to part 6, article 56 of the CPC: «The conclusion of the case is declared by the government authorities or local self-government authority of the permanent residence of the complainant or on the place where the object is located to which the conclusion applies.» The extent to which the information given by the local self-government authorities is not a source of proof, the court evaluates the situation accordingly. Taking into consideration that the conclusion drawn by the local self-government authority is broader in context than other methods of substantiation as described in part 2, article 76 of the CPC so far as testimonies of witnesses or written depositions do not take into account a legal assessment of the circumstances of the case, the author supports such legal position and considers it unnecessary to include the conclusions of the local self-government authority as evidence.

СУЧАСНІ ТЕНДЕНЦІЇ АДМІНІСТРАТИВНО-ПРАВОВОГО РЕГУЛЮВАННЯ КОНТРОЛЮ ГРОМАДЯНСЬКОГО СУСПІЛЬСТВА ЗА ДІЯЛЬНІСТЮ ОРГАНІВ ПУБЛІЧНОЇ ВЛАДИ

In the article on the basis of analysis of row of normative acts and scientific works description of features of the modern state of the administrative legal providing of institute of public inspection is carried out after activity of public and organs of local self-government authorities. Key socio-economic, legal, political and international factors that straight or mediated influenced on development for the last fifteen years of co-operation of citizens with the subjects of imperious plenary powers are outlined. Public anticorruption examination as one of the best legal instruments is certain from to embodiment in life of public interests, bringing in of active and professional groups of population to the management of state affairs, and also realization of the proper control after activity of public government bodies. The features of availability characterize to public information in a legislative plane. Now there is the developed legal mechanism of handling all present volume of this information in a country, represented and documented by any facilities and on transmitters the information got or created in the process of implementation of imperious plenary powers subjects it duties or that is in their possession. It is established on forming presently two constituents of the administrative legal providing of public inspection in the field of public management. At the same time, it is marked on imperfection of current home legislation, that on the whole creates artificial barriers to realization of public initiatives, formation and activity of separate types of organizations of civil society, consideration and taking into account of their suggestion’s public government bodies.

Legal regulation of relations on payment for administrative services

Introduction. Relations on payment for administrative services need the attention of Ukrainian scholars, the government and lawmakers. Currently this area is not streamlined in Ukraine. Many administrative services are either unreasonably free or have meager fees. As a result, budgets of local self-government authorities, which provide the bulk of administrative services, do not receive necessary compensation payments. Aim of the article. The aim of the article is to draw the attention of scholars and practitioners to the problematic issues of payment for administrative services. This is relevant because the appropriate funds are an important condition for ensuring the sustainable functioning of the system of administrative services, including centers on administrative services provision, digital infrastructure and so on. At the same time, there is a lack of scientifi c developments and coherent practical approaches to the legal regulation of the relations on payment for administrative services. Results. The article compares taxes / taxation with administrative fees to clarify the nature of a dministrative fees. This fee is primarily compensatory. As for services free of charge for consumers, appropriate calculations are needed to understand the amount of state compensation to local self-government authorities in the case of delegation of relevant powers. It is necessary to ensure in practice the adequacy of amounts of administrative fees, as well as the sustainability of the system and the timeliness of updating these amounts. In addition, it is necessary to eliminate the conditions that sometimes make it possible to collect dubious payments for administrative services in Ukraine. The article compares the relevant legislative initiatives that are being considered by the Parliament. Conclusions. It is concluded that payments for administrative services are primarily compensatory in nature for consideration and resolution of certain case. The amount of the fee should not exceed the cost of providing administrative services, as authorities are already supported by taxes. The compensatory function of an administrative fee plays an important role in ensuring the sustainability of the system. For Ukraine, the experience of such countries as Poland, the Czech Republic and Germany in the legislative regulation of administrative fees is relevant, with the defi nition of specifi c amounts of administrative fees directly in one Law «On Administrative Fees». Therefore, we consider the draft law 4380 worthy of support. Finally, this issue for the future should be studied even more deeply by scholarsadministrators and specialists in fi nancial law. Key words: administrative services, payment for administrative services, administrative fee

IMPLEMENTATION OF THE BALANCED SCORECARD MODEL IN LOCAL SELF-GOVERNMENT AUTHORITIES

Relevance of the study is due to the need to implement tools of strategic municipal management in local self-government authorities in order to successfully complete the reform of decentralization. Foreign experience testifies that one such tool is the Balanced Scorecard (BSC) of Kaplan and Norton, which was evolved from a performance management tool for business to a dominant system of strategic management in the public setor. This tool allows use of non-financial indicators, take into account social aspects and environment as well as manage risks under uncertainty. The article argues that the BSC implementation in local self-government authorities will ensure the solution of the following tasks: 1) aligning the strategic and tactical goals with measures for their implementation; 2) increasing the institutional capacity of authorities (through development and motivation of personnel, formation of innovative organizational culture, introduction of performance management system, improvement of internal processes, development of information systems); 3) increasing the transparency and stakeholders confidence, in particular foreign investors, to attract financing in the post-war period. It was found that the structure of the BSC model and the algorithm of its implementation depend on the field of activity, size, tasks and features of the organization. An algorithm for developing the BSC model of the city council executive committee (its structural unit for the pilot project implementation) is proposed and the main strategies for the four components of this model (stakeholders, finance, internal processes, training and development) are identified. Based on the experience of Canada, Denmark, the Czech Republic and other countries, the main advantages, conditions of success and challenges of implementing the BSC concept in local self-government authorities are identified, taking into account political, organizational, financial and other aspects. It is proposed to define the ways to solve considered challenges using the design thinking methodology.

Certain aspects of taxation at the local level

Introduction. The article considers some aspects of taxation at the local level. The legal regulation of local taxes in Ukraine is determined. The purpose of the article is to clarify certain aspects of taxation at the local level. Summary of the main results of the study. The author focuses on financial decentralization, which should result in greater autonomy of local governments in the collection of taxes and fees. It is determined that local taxes are mandatory payments, the amount of which in accordance with the legislation of Ukraine is set by the local government in the relevant territorial-administrative unit and credited to its local budget. The legal bases of local taxation in foreign countries are described. In general, the local taxation of different countries differs significantly depending on various factors, in particular, the general standard of living, socio-economic policy, the level of legal culture of citizens, the properties of the tax system, minimize possible forms of tax evasion. Powers of local self-government authorities to establish local taxes and fees in foreign countries. The most significant shortcomings of local taxation in Ukraine are emphasized, among which: insignificant fiscal role of local taxes and fees, and, consequently, low specific share in local budget revenues, in gross domestic product; a small list of local taxes and fees compared to other countries; lack of absolute independent rights of local governments to introduce their own taxes and fees on their territory; lack of interest of local authorities in attracting additional funds from local taxes and fees; lack of interdependence between the level of public services in a given area with the tax capacity of the population, etc. The focus is on the latest changes in local tax legislation and the conditions for administering certain local taxes. Conclusions. It is concluded that local taxes and fees in Ukraine play an insignificant role in the formation of local government finances compared to the revenues of local budgets of foreign countries. Proposals for improving the local taxation system in the context of financial decentralization have been developed.

Ustanowienie świętego patrona miast, gmin, powiatów i województw

The subject of this article is the procedure for selecting a saint of the Roman Catholic Church patron saint for the city, municipality or wider territory. The establishment of a patron saint is within the competence of the confessional authority, in particular, the bishop and the Congregation for Divine Worship and the Discipline of the Sac-raments. The procedure consists of three stages: the election, acknowledgement and affirmation of the patron saint. The church’s current regulations regarding the election of patron saints are contained in two documents of the Holy See. The municipal council, the poviat council and the assembly of the province pass a res-olution on the patron at the stage of his election by the society and the clergy. The above-mentioned authorities do not take part in the next two stages. Entities of territorial self-government only have a supporting vote. They cannot independently establish a patron saint, regardless of the decisions of the ecclesiastical authorities. The position of administrative courts that the resolutions of the constitutive au-thorities of entities of territorial self-government belong to the category of public administration matters is unjustified. The decree of the Congregation for Divine Worship and the Discipline of the Sacraments is addressed to a given diocese and not to local self-government authorities. The patron saint is established for a city, mu-nicipality, poviat, or for an area that does not have administrative borders. Entities of territorial self-government must respect the autonomy of the church authorities, and public authorities should be impartial in religious matters. Therefore, entities of territorial self-government do not have the competence to establish a patron saint for the promotion of a municipality, district or self-government of the voivodship. However, they can refer to saint persons at the symbolic level, for example, in the coat of arms or the names of streets and squares. This also applies to schools and hospitals run by local self-government authorities.