Model Of Local Self-government Research Articles

LEGAL ANALYSIS OF THE FORMATION AND DEVELOPMENT OF LOCAL SELF-GOVERNMENT IN THE REPUBLIC OF KAZAKHSTAN

Local self-government is the foundation of national statehood. It is at the local level that many socio-economic tasks can be successfully solved and real conditions created to ensure sustainable growth and well-being of the population. Being a social state, the Republic of Kazakhstan has an original experience in the formation and development of a municipal government system built on the significant influence of the people's representation. The analysis of the peculiarities of its formation, the results of which are reflected in the text of the article, contains new scientific knowledge that has the prospect of practical approbation in improving legislation on the basics of local self-government. Comparing the doctrinal positions expressed in the Kazakh and foreign legal press, it was possible to identify the presence of common problems in the organization and activities of local self-government bodies in various states. The purpose of the study was to form a set of scientifically based recommendations characterizing the directions of development of legal support for the functioning of local self-government. Using the results obtained experimentally, having studied the state of judicial practice reflecting the quality of local self–government in the Republic of Kazakhstan, as well as a set of traditional general scientific and private scientific methods, the authors came to the conclusion that it is possible – in the conditions of convergence of national legal systems - to create a general concept of the organization of local self-government that has the trust of citizens and is based on a democratic elective form of recruitment. In a state governed by the rule of law, all the essential features of which are enshrined in the Constitution of the Republic of Kazakhstan and implemented in the activities of state authorities, it is this model of local self-government that acquires maximum efficiency.

Regulatory and legal ensuring optimization of local government bodies competencies

Formulation of the problem. The regulatory and legal principles of the competence of state authorities and local self-government in Ukraine formation have been studied. The contents of the Ukraine key laws regarding local self-government bodies and modern concepts of their activities are disclosed. It was found that there is no unified conceptual vision of the local self-government bodies status, competencies, and responsibilities in Ukraine. It has been established that the legal framework for the functioning and development of local self-government bodies in Ukraine is formed from regulatory acts of different levels. Analysis of recent research and publications. Research on this issue can be divided into two directions. First of all, these are the works of specialists in constitutional and municipal law who investigated the issue of the essence and nature of local self-go- vernment (professors M. O. Baimuratov, O. V. Batanov, B. V. Kalynovskyi, P. M. Lyub- chenko, N. V. Mishina and etc.). Secondly, these are the works of representatives of administrative and legal science who analyze the problems of administrative regulation of local self-government in Ukraine, here it is worth mentioning the monograph of Y. V. Zhuravlya, A. A. Manjuli, I. I. Lytvynova, T. O. Karbina. Formulation of the article goals. The purpose of the specified scientific research is to analyze the state of regulatory and legal support for optimizing the competences of local self-government bodies. It is noted that the regulatory and legal support for the activities of local self- government bodies needs improvement, in particular by finding effective and rational means of managerial influence on their functioning. These include the improvement of the competent regulatory and legal framework for the activities of local self-government entities, which will contribute to the satisfaction of the economic, political, and social people needs, and the creation for their harmonious development conditions. Сonclusions. That the dynamic development of local self-government can only be ensured by the organization and activity of local self-government entities and their regulation by improving the relevant competent legal framework. Further development of local self-government in Ukraine should depend on finding sufficiently effective means of influencing national law on its functioning. At the legislative level, a new model of local self-government has been formed in Ukraine, which provides for the decentralization of state administration and the optimization of the competence of central authorities at the regional level. However, the practical implementation of the specified legislative provisions should ensure the deprivation of the central bodies of the state executive power of functions that do not belong to them, by maximally delegating them from the center to the regions and from the state to the private sector. We see the prospects for further research on the topic in the coverage of a number of derivative aspects of the mentioned topic, first of all, a detailed analysis of international legal acts, an outline of the prospects for optimizing the powers of local self-government bodies.

TRANSITION TO A SINGLE-LEVEL SYSTEM MUNICIPALITIES: CONSEQUENCES FOR LOCAL GOVERNMENT

In 2022, a large-scale reform of local self-government began: a corresponding bill was submitted to the State Duma. It provides for the embedding of local self-government into a single system of public authority in the Russian Federation, reforming the territories of municipalities and the powers of local self-government. The article examines the problem of transition to a single-level model of local self-government with the rejection of the settlement level, proposed by the legislator. Based on the analysis of the previous experience of municipal construction in the Russian Federation, foreign experience, statistical data, scientific concepts, expert opinions, the necessity of the presence of local governments at the level of settlements, the inadmissibility of liquidating the settlement level of local self-government is proved. The statement is substantiated that all the problems of the settlement level lie not in the organizational, but in the financial plane. The issue of the status of village elders and territorial public self-government bodies is raised in connection with their new powers and the need to increase this status from public amateur bodies to local governments. It is argued that the transfer of powers of local self-government to state authorities will not lead to a more effective solution of issues of local importance, since it will not reduce the costs of solving these issues, will not reduce the number of managerial personnel, but will only change the budget from which these expenses will be carried out, therefore, the solution of the issue - in the redistribution of public finances in favor of local budgets. The necessity of preserving settlements, the need to stop the process of reducing the number of municipalities, based on the geopolitical position of the Russian Federation, is substantiated. Ways of solving personnel and financial issues in order to preserve rural settlements are proposed.

СОВРЕМЕННОЕ РЕФОРМИРОВАНИЕ МЕСТНОГО САМОУПРАВЛЕНИЯ: ПОЛИТОЛОГИЧЕСКИЙ АНАЛИЗ

The article is devoted to the current state of the problems of reforming local self-government and the direct relationship of political parties to the reform of local self-government in Russia. The subject of the article is the aspects of reforming local self-government in the vision of political parties. The purpose of the article is to study the essence of municipal reform in the party discourse devoted to the problems of constitutional reform of local government at the present stage of development of Russia. This article presents various methods, such as analysis, comparative method, which to a greater extent make it possible to define the conceptual apparatus, to conduct a comprehensive analysis of the current state of local self-government in Russia in the context of municipal reform. The reform of local self-government initiated in 2019 affected the essential constitutional foundations of local government that have existed since the adoption of the Constitution of Russia in 1993. In the new constitutional and legal realities, a qualitatively new model of local self-government in our country has been fixed: the place of local government in the vertical of state power, the territorial basis of local self-government, the structure of local self-government bodies and the procedure for institutionalization of local self-government bodies and officials has changed. The attitude of representatives of political parties to this municipal reform is quite polar, party members do not unequivocally assess the consequences of the reform of local government. The results of the study can be useful in conducting seminars for municipal employees and heads of municipalities, and the results of the article can also be applied in the work of members of political parties and their regional branches, whose members are members of legislative (representative) bodies of Russia and its subjects, in the course of legislative activity

Control in the Anglo-Saxon model of local self-government: general and special

Control in the Anglo-Saxon model of local self-government: general and special

Приграничные муниципалитеты Приморского края: состояние и перспективы развития

The article analyzed certain indicators of the socio-economic situation of border municipalities of the Primorsky Krai, the most characteristic problems and factors of their socio-economic development in modern conditions are determined. Based on the analysis of the spatial development of the Primorsky Krai, the resettlement scheme was revealed and the main levels (belts) of resettlement are indicated, the place of border municipalities in this scheme is determined; criteria for assessing the socio-economic conditions for the development of border municipalities are proposed, taking into account their classification: municipalities with a relatively stable structure of the economy; municipalities with high indicators of economic activity, but with low volumes of investment in fixed assets, average values of indicators of the standard of living of the population and business activity; the most problematic border municipalities. A polycentric model for the development of cross-border cooperation has been proposed, the centers of which can become border municipalities of three groups allocated above; the prospects for the development of border municipalities in the conditions of municipal reform were considered and the possibility of introducing a single-level model of local self-government in the Primorsky Krai was evaluated; the priority directions of socio-economic development of border municipalities of the region in the long term have been identified

Models of Local Self-Government Organization: International Experience

The research work is devoted to the theoretical analysis of the political and legal models of the organization of local self-government and its purpose is to identify the features, determine which model of local self-government in modern Kazakhstan corresponds to. In addition, the analysis of the existing models of local self-government: Anglo-Saxon, continental and mixed. Along with the analysis of the concepts of local self-government, examples of states using different management models are considered. On the basis of theoretical research, the main characteristics of each sample, their advantages and disadvantages, as well as some features of their application in modern conditions are revealed.

The mechanism for ensuring a balanced model of local self-government as a necessary condition for municipal development

The purpose of the study is the development of theoretical recommendations for a new concept of municipal power and local self-government in the Russian Federation. The objectives of the study are to consider the relationship of the legal foundations of local self-government with the historical forms of local self-government and government, and to study the comparative legal characteristics of conceptual approaches to foreign and domestic models of local self-government. The methodological basis of the research includes analysis, synthesis, induction, deduction, generalization, concrete historical, comparative legal, formal legal and statistical methods. Within the framework of the study, attention is focused on the recently published works of Russian and foreign scientists, statistical data are provided. According to the results of the study, modern organizational models of local self-government are formed with consideration to the needs of multi-level public administration, which presupposes the functional involvement of local self-government bodies in the state executive power system and their responsibility for the implementation of public powers. The scientific novelty of the study lies in obtaining theoretical conclusions that a necessary condition for further municipal development in Russia is the creation of an effective mechanism for reconciling the interests of local communities with state interests, the absence of which leads to an excessive strengthening of state or social principles and a violation of a balanced model of local self-government.

Improving the constitutional model of local self-government in Russia

Improving the constitutional model of local self-government in Russia

The specifics of the corporate model of local self-government and the divergence of modern approaches to self-government at the local level in the Commonwealth countries

The subject of the article is models of local self-government in Commonwealth countries.The purpose of this article is to substantiate or refute the hypothesis post-corporate model of local self-government is evolved.Methods of theoretical analysis are used, as well as legal methods, including the formal legal method and the method of comparative law.The main results and scope of their application. The corporate model of local government can be characterized by the following features: the lack of full constitutional recognition of local government as an independent form of public authority; formal institutional autonomy of municipal units as public (private-public) corporations of a special type that are not included into the system of state power; limited functional autonomy; lack of constitutional recognition of citizens’ or local communities’ right(s) to local self-government; limited accountability of local governments to the population, including the lack of sufficient legislative guarantees for the election of local authorities. These characteristics, grounded also in the historical specificity of local government development in Great Britain and its colonies, as well as in peculiarities of development of municipal units’ status in English law, are determined by the corporate character of municipal government, which does not arise from the power of communities, but is formed by the state "from above". The author also analyzes the differences in approaches to regulation and organization of local government in the Commonwealth countries.Overcoming the historical heritage, laid by the genesis of municipal corporations, in a number of Commonwealth states, indicates the formation of a new, post-corporate model of local government, which can be characterized by some features: the establishment of constitutional autonomy of local government as a special form of public power, its development as a form of democracy with greater control over the forms of self-government and governance at the local level by the population, as well as the establishment of a link between self-government and the local community. The proposed analysis may become a crucial point for future research in the field of post-corporate model of local self-government.Conclusions. Such countries as Australia and Ireland can presently be considered in a state of transition to the post-corporate model of local self-government.

Regulacje konstytucyjne dotyczące samorządów terytorialnych na tle ujęcia historycznego w Polsce

<p>Autor w niniejszym artykule podejmuje analizę obecnych regulacji konstytucyjnych odnoszących się do kwestii władz samorządowych na tle polskich konstytucji. Zaprezentowanie ewolucji polskiego modelu samorządności lokalnej ma służyć ukazaniu procesu formowania się instytucji i praktyki politycznej dotyczącej administracji samorządowej. Wskazano jednocześnie na spory polityczne i doktrynalne dotyczące organizacji i zasad działania polskiego samorządu – szczególnie ta uwaga odnosi się do szczebla regionalnego i powiatowego.</p>

Местная власть в политической системе российского региона: проблемы управленческих взаимодействий и современные теоретические модели

The article concludes that the new model of local self-government, generated not least by the desire to apply European experience to the realities of transitive Russian society, was initially afrmed as an attempt to radically deny the results of socialist state building, the ideological basis of which was the communist party doctrine. Outwardly distancing themselves from the political component of social processes, federal, regional and local (municipal) elites conducted quite real political (that is, for power resources, available and potential) wars. Local authorities and local self-government bodies, acting as carriers of constructive and destructive potentials, prefer to keep their militant neutrality for the time being, extracting their subjective political role as necessary, arising from objective circumstances, including management ones. The article suggests theoretical models for describing the existing structure of regional political regimes taking into account the «municipal factor».

КОНСЕРВАТИЗМ В РОССИЙСКОЙ МОДЕЛИ МЕСТНОГО САМОУПРАВЛЕНИЯ

КОНСЕРВАТИЗМ В РОССИЙСКОЙ МОДЕЛИ МЕСТНОГО САМОУПРАВЛЕНИЯ

РОССИЙСКАЯ МОДЕЛЬ МЕСТНОГО САМОУПРАВЛЕНИЯ

РОССИЙСКАЯ МОДЕЛЬ МЕСТНОГО САМОУПРАВЛЕНИЯ

The History of the Development of Local (Self) Government in Serbia

One of the key dilemmas faced in organizing a state and society concerns the importance afforded to central and local goals and interests. Adaptation to demographic, economic, political, scientific and technological changes in the environment requires changes in the status and role of local self-government. Adding to this mix, the constitutional and administrative traditions of Serbia affect the establishment and development of local self-government. Therefore, the enhancement of the model of local self-government must be studied using the historical method, among others. This paper aims to provide an overview of the historical development of local self-government in Serbia from the period of Developed Feudalism up to the mid-1990s. Historical considerations and traditions are vital to sustaining a certain practice of territorial decentralization of state power and to envisaging future solutions for the effective territorial organization and models of local (self) government in accordance with the realities of the region.

МІСЦЕВЕ САМОВРЯДУВАННЯ В СИСТЕМІ ПУБЛІЧНОГО УПРАВЛІННЯ

The article is devoted to the issues of local self-government in the system of public administration, because local self-government is one of the key elements of the domestic system of public administration and in turn has its own material, financial and human resources, its own infrastructure. It has been studied that Ukraine has extensive historical experience in the functioning of local self-government on different models, each of which was spread over a certain historical period or in a certain territory of our state. It is determined that the Ukrainian state has repeatedly tried not only to reform its public administration system, but also to reform all socio-political and socio-economic processes. An example of such a model is the modern European model of public governance "Good Governance". It is described that local public authorities in Ukraine continue to be in a state of constant search and implementation of modern innovative approaches to the activities of local governments of Ukraine. Overcoming the problems of old and inefficient management models and methods that do not meet the requirements of modern communities is possible only by developing high-quality and effective support of local government in the context of modern realities. The standardized definitions of the term "local self-government" in various Laws of Ukraine are presented and a more attractive interpretation of this term in the context of this article is revealed. It is proposed to create a so-called "community" model of local self-government, which will highlight not the management processes, but the needs of the community and residents, as well as enable them to influence the decisions of local governments. It is taken into account that local self-government as a component in the system of public power requires detailed analysis in order to further synthesize the effective structure and the corresponding set of public administration functions and powers, taking into account historical and foreign experience, constant search and development.