Local Self-government Research Articles

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.

The value of the honor and dignity of a person and the possibility of its implementation through the means of a generally permissible type of legal regulation

The essential feature of general permissive legal regulation, that is its focus on the maximum exercise of freedom within the existing legal order, presupposes a certain area of such regulation. This area covers a number of values, the embodiment of which depends on the corresponding amount of freedom, and they include the value of the human person (and the main components, such as life and health, honor and dignity, inviolability and security of man), democracy, local self-governance, civil society, etc. These social values “get” new opportunities for their implementation due to this type of legal regulation, since its main tools objectify the corresponding amount of freedom. These are legal prohibitions, obligations, and permissions that “accompany” and reflect the content and scope of a number of rights that guide the “general permissive process” of the embodiment of these values, such as the value of honor and dignity – the right to respect for human dignity; the right to privacy (which to a maximum extent reflects the interconnection of these values as paired categories, since they are fixed in the Constitution); other rights that determine “decent conditions of human life”. This makes it possible to clarify under conditions of general permissive regulation the content and scope of different types of rights, and therefore – different types of freedom, for example: 1) economic freedom (“decent economic living conditions”) taking into account the following correlations: a) dignity and freedom of property, freedom of work, freedom of housing, , characterized by active human behavior and illustrating the maximum amount of freedom; b) dignity and minimum social standards – opportunities for social protection, and “sufficient standard of living”, which on the contrary determine the “active role” of the In this regard such issues occur as the legal nature of certain legal prohibitions, obligations, permissions and their assessment through the prism of freedom, such as benefits (benefits, compensations) that are permissions and “enhancers” of economic freedom that perform the function of its preservation and restoration; positive obligations of the state that perform the function of obligations and “enhancers” of economic freedom; discretion of the state (legal permission as a specific restrictor of freedom), which presupposes the minimum permissible amount of such freedom; 2) ideological freedom («decent political and cultural conditions of life») and its maximum manifestation that covers the links between dignity and freedom of speech, conscience, education and language, etc. At the same time, specific legal instruments are revealed, such as qualification conditions and requirements as obligations that should be assessed through the prism of false restrictors of this type of freedom.

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

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

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

ЄВРОПЕЙСЬКА ХАРТІЯ МІСЦЕВОГО САМОВРЯДУВАННЯ ЯК ОСНОВА ДІЯЛЬНОСТІ ОРГАНІВ УПРАВЛІННЯ ТЕРИТОРІАЛЬНИМИ ГРОМАДАМИ В УКРАЇНІ

The article examines the topic of compliance of legal regulation and the actual activity of local self-government bodies with the European Charter of Local Self-Government from the point of view of the conceptual understanding of the place of the local self-government body in the system of local self-government, its authority to perform management functions, the possibility of external supervision of its activities and rights citizens to participate in local government, which is the fundamental basis that characterizes the condition and capacity of local authorities. It has been established that the competence of local self-government bodies to carry out management in the form of delegated authority provided by Ukrainian legislation does not correspond to the principle of subsidiarity, which is defined by the European Charter of Local Self-Government, and the lack of a real and effective mechanism of administrative supervision of local self-government bodies, as provided for by this international agreement, has also been revealed. In addition, the discrepancy in the approaches of the European Charter of Local Self-Government and acts of Ukrainian legislation to the conceptual understanding of the place of local self-government bodies in the local self-government system was analyzed, and the problem of involving internally displaced persons to life in new communities and their right as community residents to participate in local self-government was highlighted. The importance of developing specific proposals for full compliance with the principle of subsidiarity in part of delegated authorities and the implementation of the mechanism of administrative supervision over the activities of local self-government bodies into regulatory and legal circulation was emphasized. At the same time, emphasis is placed on the need for a unified approach to building a high-quality and effective regulatory framework on local self-government based on European standards, which is an important issue on the agenda in the context of Ukraine's movement towards the European community.

ПОСИЛЕННЯ РОЛІ ПРЕССЛУЖБ У РЕАЛІЗАЦІЇ КОМУНІКАТИВНОЇ ПОЛІТИКИ ОРГАНІВ МІСЦЕВОГО САМОВРЯДУВАННЯ В УКРАЇНІ

The communicative policy of local self-government bodies in Ukraine began to undergo significant transformations during the years of the global COVID-19 pandemic and actively continued to change already in the conditions of a full-scale Russian-Ukrainian war. External challenges led to a transition from one-sided coverage of information in the «government-citizen» format to a two-way process of interaction, which in some territorial communities reached a more or less stable partnership. Among all the factors that had a significant impact on the mentioned changes, it is worth highlighting the active development of strategies for the development of territorial communities in Ukraine and communication strategies, as their components, and the appearance of press services and press secretaries in the structure of local self-government bodies. The latter replaced divisions and individual specialists, for whom the performance of communicative functions was often far from the main area of responsibility. The main task of the press services of local self-government bodies is to create a friendly attitude of the population towards state, socio-political, economic and other institutions of society (informative and representative functions), as well as functions related to processing information and requests from citizens and monitoring functions public sentiments. However, provided that their ability to influence the implementation of the communication policy of local self-government bodies is strengthened, they can become a full-fledged subject of information policy. The activities of press services of local self-government bodies in Ukraine are regulated by a relatively large number of normative legal acts (from the Constitution of Ukraine to the relatively new Law of Ukraine «On Media»), which together form a solid legal basis for their implementation of the communication policy of local self-government bodies. Attention is drawn to the fact that local normative legal acts can expand the competence of press services and, depending on the specifics of the communication policy of one or another community, supplement their functions. And under the condition of forming a communicative strategy in the community in addition to the development strategy, the list of functions of press services can be supplemented with the following: communicative function, organizational function, ideological function, educational function, monitoring function. The performance of such a wide range of functions requires the press services of local self-government bodies to carefully plan their activities, which is a natural task after the adoption of the community's communication strategy. Such planning can be strategic and ongoing. Strengthening the role of the press service in the implementation of the communication policy of local self-government is ensured by the development of the ability to manage crisis communications, which is one of the priority goals of the communication strategies of all territorial communities of Ukraine without exception, regardless of their distance from the front line. Key steps in crisis management are prevention, preparedness and response, and recovery. An equally important factor in strengthening the communication policy of local self-government is the introduction of measurable indicators of the efficiency and effectiveness of communication. These indicators are conditionally divided into quantitative and qualitative. The role of press services is, on the one hand, to assist in the development of these indicators, and on the other hand, to monitor their implementation. It was concluded that the implementation of modern communication policy is impossible without the effective work of press services of local self-government bodies, which very quickly went from a simple communication link between the authorities and citizens to a subject of information policy. Therefore, the ways outlined in the study to strengthen their ability to implement communication policy have important theoretical and practical significance both for individual local self-government bodies and for the entire system of public administration of Ukraine.

STATE POLICY, HUMAN CAPITAL AND INTERNATIONAL ECONOMIC RELATIONS IN THE CONTEXT OF REFORMING LOCAL SELF-GOVERNMENT BODIES THROUGH DIGITALIZATION, ARTIFICIAL INTELLIGENCE AND SOCIO-ECONOMIC TRANSFORMATIONS

The study examines human capital as a set of socio-economic relations and as one of the determining factors of economic growth. The main attention is paid to the analysis of opportunities to improve the quality of human capital at the local level, based on mechanisms of cooperation among stakeholders and reforming the landscape of local self-government - in particular, through the creation of innovation hubs, the implementation of digitalization projects, and the expansion of the use of artificial intelligence technologies. The opportunities and benefits of direct participation of local communities in international economic relations and global supply chains are demonstrated.

Legal Regulation of the Digital Transformation of Local Self-Government in the BRICS Countries

This article presents an analysis of strategies used for the legal regulation of digital transformation processes at the municipal level in the BRICS countries. A systematic analysis of modern trends in the legal regulation of digital transformation in Brazil, South Africa, India and China was carried out, and the features and general directions of this process were highlighted. The authors noted a variety of different approaches to normalizing digital processes in management, ranging from fixing basic principles at the constitutional level to developing “flexible” regulation constitutionally mandated through by-laws and state political and legal documents. It is shown that the digitalization of public administration is primarily focused on the level of national government, since financial resources are specifically concentrated at the highest level of governance. It is concluded that the specificity of local government, manifested in a high degree of self-government and participation of the population in solving life support issues, objectively requires a shift in the emphasis of digitalization to the local level of government. It has been proven that this process requires strategic state planning on the part of the state for the digitalization of local self-government, taking into account the elimination of the “digital divide” in municipalities. The authors propose the implementation and development of the “smart city” concept in the BRICS countries with a differentiated scale of digitalization criteria for the various municipalities.

Территориальное общественное самоуправление: история и современность, перспективы совершенствования законодательства

The article examines, taking into account the amendments and additions made to the Constitution of the Russian Federation in 2020, the key characteristics of territorial public self-government, history of the development of legislation regulating social relations related to it, starting with the provisions of the USSR Law “On the general principles of local self-government and local economy in the USSR” of 1990, the Law of the RSFSR “On Local Self-Government in the RSFSR” of 1991, the federal laws “On the General Principles of Organization of Local Self-Government in the Russian Federation” of 1995 and 2003. The legal positions of the Constitutional Court of the Russian Federation related to territorial public self-government are also analyzed. Various points of view of legal scholars on the relationship between local self-government and territorial public self-government are studied. The subject of this study is also the right to exercise territorial public self-government and the article concludes this legal possibility is inherently a fundamental right within which the constitutional right to exercise local self-government is exercised. In addition, the author came to the conclusion the institutions of territorial public self-government should be given the status of public legal entity.

Субъектность территории реноваци

The article discusses the institution of integrated development of the territory of residential development. The inhabitants of the territory in respect of which a decision has been made on the integrated development of the territory are not endowed with independent subjectivity for the formation of the collective will as areas of relations. This situation creates a situation of lack of legal equality in the legal order, implemented in the ordinary regulation of local self-government issues, and in the legal order, formed by a set of documents for the integrated development of the territory in terms of ensuring constitutional guarantees of human and civil rights. In this regard, it is proposed to form a set of measures aimed at eliminating the identified shortcomings.

Проблемные вопросы реализации государственных полномочий, переданных органам муниципальной власти

The article is devoted to the transfer of state powers to municipal authorities and the problems that arise during the implementation of this procedure. The author demonstrates the difficulties that arise when delegating such powers to local selfgovernment bodies on specific legal relations. According to the author, the significance of the above-mentioned issues lies not only in the inadequate financial implementation of the powers transferred by the state and in the mixing of subjects of competence, but also in the fact that this takes place in the conditions of new constitutional and legal realities, when municipal power, like state power, becomes part of a single public authority. In this regard, the author suggests ways to overcome the problems that have arisen during the transfer and implementation of state powers by municipalities.

INTEGRATION OF CORPORATE SOCIAL RESPONSIBILITY INTO THE CONTROLLING SYSTEM

The article presents the results of research into the trends in the development of controlling as an economic-analytical, coordinating, management information system. The influence of corporate social responsibility on the formation of the controlling system is highlighted as a modern trend. It is proposed to supplement the controlling model with an additional sub-process - social controlling, which is explained by the spread of manifestations of social responsibility in society and business. A modern practical manifestation of social controlling in business is the compliance system. The expediency of the development of social controlling of the enterprise due to the inclusion of work with the territory of presence and ecology, interaction with partners, state authorities, local self-government, and public organizations has been determined.

Transformation Directions for Strategic Planning in Major Russian Cities

Major Russian cities, as objects of strategic planning, deserve special attention due to their positioning as centers of economic growth with significant potential for addressing the region’s vital issues. However, the approval of strategies for major cities, like other municipalities, falls within the competence of local self-government. The powers and functions of local self-government, as well as its resource base, are legislatively delineated and do not align with the complex system of a municipal megacity, encompassing economic, social, territorial, public, managerial, and administrative components. These outlined contradictions, along with organizational and legal shortcomings, can affect the comprehensiveness of applying strategic planning in the development and implementation of long-term urban development plans. Strategic planning in public administration is in a developmental phase; however, uncertainty regarding a systemic goal-setting document, insufficient methodological support, lack of coordinated activities among strategic planning participants, and adaptation to global challenges prevent the full utilization of its potential for managing economic development both at the national level and in individual regions and municipalities. Therefore, tools and methods for improving the practice of strategic planning in light of contemporary realities are necessary, along with the transformation of strategic management mechanisms in major cities aimed at eliminating the discrepancies between the competencies, powers, and resources of local self-government and the scale of strategic tasks to be addressed in a major city.

Конституция Российской Федерации и проблемы законности

The article examines the democratic nature of the Constitution of Russia in 1993. It is shown that the Constitution is at the hierarchical top of the national-onal sources of law and has the highest legal force. Law is considered as a principle of law and nation-building in a democratic state, where the Constitution is the basis of law and order. The primary role of legality in ensuring the headquarters of state authorities and local self-government is noted.

MUNICIPAL GOVERNANCE IN GERMANY: PRACTICE RECOMMENDATIONS FOR UKRAINE

Establishing a municipal governance system is a long process focused on selecting the best practices that have proven to be effective and efficient. One of the methods is the transit of elements of municipal systems borrowed from other countries. The experience of ensuring democratic participation of the community formed in Germany is of interest. The purpose of the article is to identify the components of the German model of municipal governance that can be used by Ukraine to improve the efficiency of the national system of local self-government and bring it closer to EU standards. The elements of the comparative analysis in the article are the analysis of the institutional model of municipal governance and its state and political basis; determination of the specifics of the distribution of powers between the state and local governments and the nature of community participation in local self-government; characterization of the system of financial guarantees and the budget system; determination of the principles of cooperation and coordination of municipalities. The article uses the methodology of comparative analysis based on the identification and analysis of the legal, structural, organizational, political and economic components of municipal governance in Ukraine and Germany.

Park Heritage of the Island of Krk between Urban Transformations and Climate Change

The island of Krk in Primorje-Gorski Kotar County, Croatia, is also called the Golden Island because of its favorable geographical location, the diversity of natural and urban landscapes, the beauty of the coast and the sea, the wealth of tangible and intangible heritage, and especially because of the opportunities for living and working. During the last century and in this century, urban landscapes have been exposed to dramatic changes that transformed old castles or former smaller settlements of the local population into tourist centers and desirable places for permanent or temporary residence. A significant part of their complex structure is the cultural and historical heritage, within which the island’s park heritage has so far been insufficiently recognized and valued. Therefore, this paper examines forty selected public park spaces in the area of all local self-government units of the island of Krk in the context of urban transformations and climate change. It is concluded that the island’s park heritage has often been created as a result of urban transformations in which, despite being exposed to constant changes, it is mostly preserved, but that recently, new elements of this heritage are emerging. A new challenge is the threat of the consequences of climate change—increasingly frequent and long-lasting droughts, extreme precipitation and flash floods, stormy winds, rising sea level and salinization, which further emphasizes the need to preserve the park heritage of the island of Krk in the context of resistance to climate change.

Local Self-governments’ Competences in Administrative Procedures related to Prioritized Investments in Hungary

This study examines a special administrative procedural law instrument that serves the competitiveness of the economy in Hungary. This procedural regime on prioritized investments became a part of the law after the accession to the European Union. The research clarified the specialties of the process and the relations between them highlighted by the competent public administrative bodies, the Government and the local self-governments concerned with this procedure. The implementation of such investments raises constitutional issues, through the presumed violation of local self-governments’ competences. The analysis presents the practice of the Hungarian Constitutional Court.

THEORETICAL VIEWS ON THE ORGANIZATION OF LOCAL SELF-GOVERNMENT

This article shows the socio-political component of local self-government, its socio-political nature, as well as specific views related to its organization, the principles underlying its development. It is also explained that local self-government bodies are the main social institutions for performing comprehensive tasks of local importance, ensuring socio-economic, cultural-educational needs and legal interests of the members of this area.