Local Self-government Bodies Research Articles

Implementation Paper on E-Grampanchayat

E-Gram Panchayat leverages digital technologies to streamline and improve the efficiency of administrative processes within rural local self-government bodies .It enables the automation of various tasks and reduces paperwork. The use of technology ensures transparency in decision-making and resource allocation .Citizens can access information related to Panchayat activities, budgets ,and projects online, fostering greater accountability among local representatives.E- Gram Panchayat platforms often include citizen-centric services, allowing villagers to participate in governance actively. This includes online grievance redressal systems and public feedback mechanisms

Local self-government bodies in the process of municipal reform: trends and patterns of development

The article is devoted to the study of the development patterns of the local government system in the Russian Federation. The submission to the State Duma of the Russian Federation of the draft Federal Law «On the general principles of the organization of local self-government in the unified system of public authority» in December 2021 means the preparation of a new stage of municipal reform and makes it relevant to study long-term changes in the institutional organization of local self-government. The purpose of the study is to analyze changes in the structure of local self-government bodies and the rules of their formation at each stage of the development of this institution, as well as to identify the main patterns of this process. The analysis of the legislative base regulating the structure and rules of formation of local self-government bodies has been carried out. The data related to the development of the local government system provided by the Ministry of Justice of the Russian Federation were analyzed. It is shown that the structure of local self-government bodies has not undergone significant changes. However, there have been changes in the ways of forming local self-government bodies, which reflect the trend towards their loss of institutional independence and integration into a single system of public power. This trend appeared at the stage of implementation of the Federal Law on Local Self-Government in 2003 and was consolidated in the new Draft law on Local self-government submitted to the State Duma of the Russian Federation in 2021. It is concluded that there is a tendency to increase the dependence on federal and regional legislators of local self-government bodies. For the institute of heads of municipalities, the loss of institutional independence was clearly manifested by the introduction of the procedure for electing heads by competition, displacing both election at municipal elections and election from the Council of Deputies. The formation of representative bodies, having passed the stage of delegating deputies to higher levels, returns to the model of direct elections. However, this happens in the context of the rejection of a two-tier system of local self-government.

PSYCHOSOCIAL ASPECTS OF IMPROVING THE EFFICIENCY OF REHABILITATION OF PERSONS WITH DISABILITIES IN COMMUNITY DURING WARTIME

In the article, the problem of increasing the effectiveness of rehabilitation of persons with disabilities in the community in wartime conditions is updated and substantiated at the theoretical, legal, and empirical levels. On the basis of a focus group survey, the importance and failure to fully realize the problems of rehabilitation of persons with disabilities in the community in wartime conditions were proven. It was established that according to the opinion of persons with disabilities and their parents, the problems of rehabilitation of persons with disabilities are solved to a greater extent by local authorities and local self-government bodies, social services and health care institutions, etc.; there is a need to create a permanent supportive and developmental environment in the community; there is a problem in the organization of work, employment, opportunities to get to work; a violation of the feeling of security is noted, there is a feeling of powerlessness, irritation, misunderstanding of the nearest prospects; fixed need to be listened to and heard, to regularly communicate with specialists. The foreign and Ukrainian experience of psychosocial aspects of increasing the effectiveness of rehabilitation of persons with disabilities in the community is analysed. The author's social project "Different and Equal" is proposed, aimed at improving the efficiency of providing rehabilitation services to persons with disabilities in the community in wartime conditions. The main feature of this social project is that it is maximally focused on integrating the efforts of community members, persons with disabilities and their family members to promote social adaptation, strengthening the resources of persons with disabilities to overcome the challenges and threats of war.

ФІНАНСОВА СТІЙКІСТЬ ТЕРИТОРІАЛЬНИХ ГРОМАД У ВОЄННИЙ ЧАС: РОЛЬ ПОДАТКОВИХ ДОХОДІВ

Introduction. External aggression has become the backdrop against which the resilience of the local self-government system has manifested as an element of crisis management within the vertical system of public administration. The war has exacerbated territorial disparities and differentiated the challenges for local self-government bodies in various regions due to their distance from combat zones and occupation, leading to the emergence of new functions not typical for local self-government bodies. Problem Statement. These circumstances have precipitated a change in the conditions for the formation of tax revenues for the budgets of territorial communities. Firstly, there has been a transformation in the state's approach to budgetary and tax policy formation, reflected in amendments to budgetary and tax legislation. Secondly, hostilities have resulted in a shift in the spatial concentration of businesses and increased unevenness in population density as a consequence of forced displacement to safe areas. These factors have influenced the process of budgetary revenue accumulation at the local level and, consequently, the financial resilience of territorial communities and their capacity to fulfill their functions. Purpose. To analyze the accumulation of tax revenues for the budgets of territorial communities as a factor in ensuring/preserving their financial resilience. Methods. General scientific and specialized methods were employed, including analysis, synthesis, grouping, description, comparison, theoretical generalization, and abstract-logical reasoning. Results. Based on five indicators (tax capacity of budgets, tax sufficiency, tax autonomy, local taxes and fees, taxes on economic activity), an analysis of the formation of tax revenues for the budgets of territorial communities in the context of maintaining their financial resilience during the war against Ukraine has been conducted. An increase in disparities in the tax capacity of territorial communities and an increase in the number of administrative-territorial formations in a crisis state have been identified. The impact of two factors on the resilience stability of communities in wartime has been established: distance from combat zones and available economic potential. It has been demonstrated that communities with a high level of economic potential are characterized by higher financial resilience even in conditions of close proximity to the front line, as well as the significant role of large cities in maintaining financial and economic resilience in the region. Conclusions. It is argued that the system of tax revenue formation for territorial communities has become one of the main factors in preserving/ensuring financial resilience of territorial communities during wartime. The influence of high adaptability of economic actors in territorial communities on stabilizing the economy of communities in the second year of the war has been noted.

Subjects of the right to a constitutional complaint in Ukraine, Czech Republic and Poland: comparative analysis

The article is devoted to a comparative legal study of the legislation and the practice of its application in relation to the subjects of the right to a constitutional complaint in Ukraine, the Czech Republic and Poland. The author examines the provisions of the Constitutions of the countries, mentioned above, special laws which regulate the right to a constitutional complaint of corresponding subjects, as well as the constitutional courts practice in each of the previously mentioned countries. The study highlights not only a clear list, but also the essence of the subjects of the right to a constitutional complaint in Ukraine, the Czech Republic and Poland through the prism of judicial practice. The author outlined main peculiarities of natural persons, legal entities, in particular legal entities of public law and the state, as well as local self-government bodies as subjects of the right to a constitutional complaint. A significant role is assigned to legal entities and local self-government bodies, because the legislation and judicial practice distinct greatly with regard to these categories of subjects of the right to a constitutional complaint that the legislation and judicial practice in the studied states differ the most. The right of public associations and individuals to file a constitutional complaint on behalf of other (third) persons is also being investigated. The issue of attorneys’ participation in Ukraine, Poland and the Czech Republic both at the stage of preparing constitutional complaints and during court proceedings in each of these countries is revealed. As a result, appropriate proposals were made to improve domestic legislation concerning this issue. Having studied the Czech and Polish approaches to the essence of subjects entitled to a constitutional complaint, the author identified problems and suggestions for improving the relevant legal regulation in Ukraine. In particular, amendments were proposed to Article 56 of the Law of Ukraine “On the Constitutional Court of Ukraine” regarding the definition of the more precise subjects list of the right to a constitutional complaint. Having carried out this comparative legal analysis, the author proposed instances when it is appropriate to grant legal entities of public law and local self-government bodies the right to file a constitutional complaint in Ukraine. The author also provides grounding in irrationality of granting such a right to state bodies in Ukraine because of state administration peculiarities.

A statement of claim as a statement on the merits of the case in a civil and economic process

The article examines the general characteristics of a claim as a statement on the merits of a case in civil and economic proceedings. It is noted that the separation of statements on the merits of the case is typical only for legal proceedings, while for other types of civil and commercial court proceedings, similar types of procedural documents are not allocated. The Code of Criminal Procedure and Code of Criminal Procedure of Ukraine gives an exclusive and identical list of statements on the merits of the case, among which the statement of claim is included. A statement of claim as a statement on the merits of the case formulates a material and legal claim regarding the subject of the dispute, to which the court of first instance must give an answer, having considered the civil or economic case on the merits. A statement of claim acts as a form of existence of a claim in a civil and economic process. A lawsuit cannot exist outside of the statement of claim, although its individual elements may appear outside of this procedural document. For example, the subject matter or cause of action may be recorded in the application for change of subject matter or cause of action. A statement of claim as a statement on the merits of the case is a procedural document issued by the parties to the case (their representatives), but not by the court. In this case, it cannot be considered a law- enforcement document, even if the plaintiff will refer to the legal norms that qualify his claim or its grounds in the content of the claim statement. A statement of claim in a civil and economic process can be filed by a large number of participants in the case (their representatives): the plaintiff, the defendant, a third party with independent claims, a court representative, the Human Rights Commissioner of the Verkhovna Rada of Ukraine, a prosecutor, a body of state power or local self-government, a legal and a natural person in the cases provided for by law. The peculiarity of the statement of claim as a statement on the substance of the dispute is that its nature is related to material and procedural law, the appearance of this document affects the course of material and procedural relations. In addition, the statement of claim acts as a stage document, since it is not possible to submit it at every stage of the civil or economic process.

The essence and importance of monitoring of a large metropolitan area's strategic development

Subject. This article discusses the issues of socio-economic development of areas and improving the well-being of the population. Objectives. The article aims to determine the most important areas of monitoring the achievement of the development goals of large urban agglomerations. Methods. For the study, I used the general scientific research methods. Results. The article finds that budget monitoring is a key aspect of monitoring the strategic development of a large urban agglomeration. Conclusions. The results of the study can be used in the practical activities of local self-government bodies in the field of strategic development.

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 foundations of local self-government in Ukraine

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

Peculiarities of the activities of local self-government bodies in united territorial communities under martial law

Peculiarities of the activities of local self-government bodies in united territorial communities under martial law

Budgetary fund management in resource-constrained environments: financing strategies

In the process of European integration, it is necessary to implement economic reforms to ensure effective management of state finances. Changes in budgetary relations and the allocation of budget monetary resources are observed in connection with the process of decentralisation and transformation processes in the budgetary system. The aim of this article is to establish the significance of financing budget managers, even under resource constraints. The study focuses on the process of financing budget managers. The research methods employed include analysis, systemic-structural, comparative-legal, and dialectical methods. The results indicate that the current state and societal development necessitate the establishment of a strong and effective state economy. The financing of budget managers under resource constraints is a pertinent issue. Recent events in the country highlight that local budgets encounter various problems and inconsistencies, mainly due to limited financial resources, unclear expenditure powers between different levels of the budgetary system, inefficient spending models, and low investment capacity. Planning and executing local budgets' expenditure is a crucial aspect of budget policy that determines the effectiveness of local self-government bodies in fulfilling their functions and powers. Financial constraints of the state are especially significant in relation to the competence level of participants in the budget process, the ability to allocate budget funds rationally and in line with the priorities of budget policy, and the need to achieve maximum effect with minimal costs for socio-economic development. Proper use of local budgets requires evaluating financial procedures, monitoring the fulfilment of budgetary powers, assessing expected results, and accurately defining needs, among other factors. To address financial constraints, it is necessary to review and adjust budget expenditures and regulate the powers of local authorities regarding expenditure. Increasing spending by local budgets to complete their own responsibilities will enhance the investment aspect of local self-government budgets.

The role of Ukrainian zemstvos in the formation of their public library space

This research into the participation of local self-government bodies in the second half of the 19th and early 20th centuries in the formation of Ukraine’s public library space is crucial given the need to study the factors that influenced the creation of Ukrainian book culture, national consciousness, and state-building. This study aims to characterise the role of Ukrainian zemstvo self-government bodies in the establishment of the Ukrainian public library space during the second half of the 19th and early 20th centuries. The research methodology is based on the principles of scientific rigour, historicism, sociocultural and modernisation approaches, as well as general scientific (induction, logic, analysis, synthesis) and specifically historical methods: narrative, historical-genetic, and structural-functional analysis. The cultural and educational development of the Ukrainian village by zemstvos, a component of which was their public library work, from the 1860s until the fall of the Russian Empire, was a major direction of activity of these self-governing institutions, upon whose success the national progress of Ukrainians depended. In this sphere, the foundation was laid for the future public space of the Dnieper Ukraine. The establishment, at the expense of zemstvos and through their organisational efforts, of public libraries with broad, free access for all village residents, alongside the development of rural schools, was the alpha and omega of peasant Ukrainian life at that time. It shaped the region’s book culture and elevated the social activity of the largest social class. Thanks to the democratic zemstvo intelligentsia, during the revolution of 1905-1907, demands were made to increase the network of rural libraries, cooperation between zemstvos and Prosvitas expanded, and the Ukrainian printed word became more entrenched. The emergence of peasant republics in 1905, one of which was in Sumy, where peasants published a newspaper declaring the tsarist authority abolished, against the backdrop of zemstvo achievements in expanding the network of public libraries and education, demonstrated that the early 20th century marked an intensification of public library development in Ukrainian villages. This period also saw the maturation of the national consciousness among peasants and laid the groundwork for the Ukrainian Revolution of 1917-1921, a pivotal stage in Ukraine’s state-building efforts. The study of this topic will contribute to understanding the role of local self-government bodies in the functioning of Ukraine’s public library space under modern conditions, national identification among Ukrainians, and their consolidation in the face of hostile invasions

Local Self-Government Autonomy in Saint Petersburg

In modern history, public authority has expanded its political and legal interpretation. By an amendment to the Constitution of the Russian Federation from 2020 on improving the regulation of certain issues of the organization and functioning of public authority, the bodies of local self-government were included among the bodies of public authority. Based on Article 132 of the RF Constitution, LSG bodies entered the unified system of public authority in the Russian Federation and began to cooperate with state authorities for the most effective resolution of tasks in the interests of the population residing in the respective territory.The European Charter on Local Self-Governance defines and the Constitution of the Russian Federation enshrines the historical and legal basis for the establishment of local self-governance in a particular territory — its autonomy. The cultural and historical peculiarities of the inhabitants of these territories must be taken into account.The people of St Petersburg exercise their constitutional right to exercise power through local government. It has its own cultural code, which is expressed in special history, local customs and traditions, a multinational population, and a multitude of confessions. Local self-government is represented by 111 inner-city municipalities and 1 Council of Municipalities. Local government is regulated by the law on organization of local government in St Petersburg. The degree to which the residents’ right to power, and thus political stability in the region, depends on the quality of the local government’s performance of its powers.The 2019 municipal elections changed the quality of the representative bodies by supplementing them with independent, non-systemic deputies. This circumstance allowed for a different perspective on the specifics of local government and the functioning of LSG bodies. In the opinion of the authors, this renewal is not so much the desire of the population of the metropolis to change the composition of the representative bodies, but rather the consequence of a consistent government policy of centralizing local self-governance. After the incorporation of local self-governance into the system of public authorities and the artificial subordination of its legal nature to the needs of state power, the managerial principle of federal megacities of urban unity became the main reason, exploiting which, as a screen, the state power consistently deprives LSG bodies of independence, reducing the financial basis, the number of issues of local significance, and traditionally local functionality.The article attempts to determine the level of autonomy of LSG bodies of St. Petersburg, the direction of the vector of normative-legal regulation of state power in relation to the constitutional institution, to analyze the results of the findings, to draw conclusions and to assess the level of autonomy of local self-government in the political aspect, as well as the possible consequences of such state policy on the ground.The aim of this article is to provide scientific substantiation of necessity of certain decisions of state power bodies with the aim of preventing governmentalization of local self-government in St. Petersburg, to offer concrete measures for decision-making by state power bodies.

Комунікаційні стратегії в державному управлінні: стан реалізації та проблеми

The article defines the current state of implementation of communication strategies by public administration bodies in Ukraine and identifies systemic problems. An analysis of the positive aspects and shortcomings in the development and implementation of communication strategies in the field of public administration is provided, as well as the requirements and factors that have a more significant impact on the content of communication processes in public administration are determined. The favorable perception of the public sphere was influenced not only by the information space formed by the Ukrainian mass media and officials, but also by the informational messages of Russian propaganda. The author provides suggestions for improving the communication strategy in the public sphere. It was established that when developing communication strategies, public authorities should ensure the reduction of uncertainty and the risk of failure when making strategic management decisions. It was determined that the essence of the interaction of public authorities with target audiences is to ensure an effective state policy and adaptation of state reforms to possible future changes in the external environment. Achieving these tasks is possible by: increasing citizens’ trust in state institutions and improving their image; raising citizens’ awareness of the processes taking place in state institutions; ensuring active participation of citizens in the processes of making management decisions and establishing feedback; establishing cooperation with national and international mass media, it is emphasized that this is impossible without improving the public sector, strengthening the presence of public institutions at the international level, optimizing internal communication and information exchange in public institutions. The development of relations with the public as a new social institution for Ukrainian society, bodies of public authority and local self-government, that is, the creation of conditions for ensuring communication with the community and significant participation of the community in solving local problems, defining the conceptual apparatus, principles and rules of institutional analysis, and as well as identifying the rules used by local self-government bodies. Keywords: communications in public administration, information, strategic communications, communication risks, communication channels, communication policy, communication infrastructure.

Формування та реалізація стратегій сталого розвитку територій на засадах проєктної діяльності

The article examines the peculiarities of the formation and implementation of strategies for the sustainable development of territories based on project activities. It was determined that, by its very nature, project activity in public administration can be considered in two conventional planes: 1) as a documented complex of organizational-technical, socio-economic, material-resource and informational-communicative justification and planning of time-limited activities specially created for this purpose temporary organizational unit of the authority or local self-government to achieve a clearly set goal; 2) as the direct activity of such a unit as a part of a public governance body with a clear internal hierarchy and close interaction both within the project team and between the project group, the local council and the external community, the existence of which is limited to a defined time and ends from the moment of the final realization of the set goal of the project. It was determined that the design activity can be used for the implementation of any projects in all areas and directions of territorial development, solving the problem of attracting investments in local development and control both by state bodies and the public regarding the targeted use of funds, terms and costs for implementation of project ideas. In a strategic plan, the project activity provides an opportunity to direct the efforts of the relevant public authorities to solve the urgent problems of the future development of the united territorial community, region, and state in its key directions. It was established that the content and essence of aspects of project analysis are not always adequately understood, which leads to insufficient quality of substantiation of the social utility of projects, incomplete consideration of the risks of their implementation. It is proved that the issue of implementation of project management in local self-government bodies is relevant, where the real result of work is evaluated not only by higher authorities and controlling bodies, but also directly by residents of the territories. Keywords: project activity, strategy of sustainable development of territories, effectiveness of project activity, united territorial community, level of community readiness for project activity, financial capacity.

Сучасні тенденції та проблеми диджиталізації публічного управління в Україні

An important motive for the progress of digitalization is the desire to improve public administration. The article aimed to study modern trends and problems related to digitalizing public administration in Ukraine in modern conditions. In global and domestic practice, digitalization of public administration can cover changes in the provision of administrative services and the processes of formation of state policy, management of state property, and administrative activities. As a result of the analysis determined the main directions of digitization of public administration in Ukraine, which considers the features of modern conditions (electronic document flow and electronic services; Open Data, electronic identification, and digital signature; e-governance; artificial intelligence, and data analytics). The advantages and disadvantages of these processes in the context of the implementation of regional strategies are also investigated. The component strategies of digitization of public administration and indicators of its effectiveness are outlined, which will allow us to adjust the directions of development and control points of such a strategy in the future. The list of conditions for successful digitization of public administration in Ukraine is substantiated: the development and availability of information and communication technologies as the basis of digitalization; development of digital capabilities of civil servants; digitization of territorial communities and local self-government bodies; financial support for the development of public administration bodies; digital literacy of the population. Based on generalized information about the advantages and disadvantages of using digital technologies, the actions regarding the formation and implementation of territorial development strategies in practice can be adjusted in the future. It is noted that the success of this process depends on the extent to which the universal requirements of management by results are considered and the degree of compliance with the conditions of successful digitalization of public administration considering the post-war recovery of Ukraine’s economy. Keywords: digitalization of public administration, interaction of government and business, digitalization strategy, electronic services, digital development of communities and territories.

Trends in the Development of the Public Administration System

The paper considers specifics of narrow and broad approaches to public administration that existed in the USSR and the Russian Federation, as well as the modern concept of public administration related to the exercise of public power. The causes and periods of the emergence of these concepts are determined. Since public power unites state bodies and local self-government bodies, it is proposed to understand the term «public administration» integrally — as joint, coordinated managerial actions of state and municipal bodies. It is argued that, despite the differences in these concepts, the directions of development of the public administration system are determined by the same trends. Based on the analysis of the mechanism of development of this system, three similar trends are identified. It is shown that the first trend causes a permanent increase in the number of governing bodies (subjects) included in the public administration system. It is determined that at the same time, information communications in the public administration system are growing. Given this circumstance, it is concluded that the second trend in the development of the system is the complication of the architectonics of information communication channels during the transition from one system of public administration to the next generation system, which makes it possible to increase the efficiency of management in new socio-economic conditions. It is argued that public administration is carried out through the simultaneous implementation of different management approaches, in particular, centralization and decentralization of management, the use of cybernetic and synergetic tools. In this regard, the third trend in the development of the system under consideration is the transition to a new ideology of convergence of various management mechanisms.

Оценка органов местного самоуправления как органов публичной власти

Comprehension of the results of the reform of the Constitution of the Russian Federation allows us to conclude that the bodies of state power and local self-government bodies, united in a single system of public power by this very fact, are not transformed into public authorities. With regard to local self-government bodies, in the cases cited in the article, they are supposed to acquire identity as a public authority through a change in the model of financial and budgetary security.

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

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

Implementation of the principle of competition in the course of pre-trial investigation

The article is devoted to the study of the peculiarities of implementing the adversarial principle in the course of pre-trial investigation. Adversariality determines the image of the entire criminal process, since it implies its construction in which the functions of prosecution, defense and case resolution are separated from each other. This, in turn, gives the court’s verdict a special power of persuasion, increases its legal and social significance.
 The adversarial principle in the course of pre-trial investigation has its own structure, which consists of four interrelated elements: 1) the presence of the prosecution and the defense; 2) the presence of equal procedural rights for the prosecution and the defense; 3) the presence and clear separation of the functions of public prosecution, defense and trial; 4) the presence of an objective and impartial court.
 At the stage of pre-trial investigation, the adversarial nature of the parties is characterized by a number of circumstances, one of which is that the officials conducting the proceedings have power and administrative authority, unlike the defense. In the course of the study, the author substantiates the position that it is necessary to expand the powers of defense counsel with a view to intensifying his/her activities in implementing the principle of adversariality at the pre-trial investigation stage. In this regard, the author suggests that the CPC of Ukraine should include the following: a protocol form for recording the results of questioning of persons by the defense; provide for the liability of public authorities, local self-government bodies, enterprises, institutions, organizations, officials and individuals for failure to comply with the defense’s requests for the provision of necessary items and documents; supplement the CPC of Ukraine with a rule imposing on the investigator, prosecutor the obligation to timely notify the defense counsel of the time and place of the investigative (search) action in which he or she has the right to participate.