Organization Of Self-government Research Articles

THE BUDGET POTENTIAL OF LOCAL FINANCES: WORLD EXPERIENCE, THE CASE OF UKRAINE

The article examines issues related to the key tasks of forming and implementing local budgets. The main goal of the work is to study the peculiarities of the formation of the budget potential of local finances in Europe and the USA, to determine the key points of local self-government in the world experience, to study the peculiarities and dynamics of the use of local budgets of Ukraine in conditions of decentralization and martial law. The urgency of solving the problem lies in the fact that globalization processes and the course towards European integration of the national economy, and decentralization require a new approach to the formation of local budgets aimed at balancing financial income with expenses, increasing the independence and powers of local authorities.This publication highlights the global experience of forming and implementing local budgets. The budget structure of the countries of Europe and the USA has been studied. It was noted that economic and financial decentralization in the countries of Europe and the USA led to the formation of intergovernmental financial relations that combine the principles of both budgetary unitarism and budgetary federalism. It was determined that the constitutions of some countries sometimes do not regulate the organization of local self-government at all (for example, in the USA).The article examines the current state and peculiarities of the implementation of local budgets in the conditions of decentralization of financial resources of Ukraine and during the period of martial law. inefficient use of financial resources. The study concludes that in modern conditions, it is necessary to increase the powers of local authorities to fill the local budget with income, and therefore, to increase the share of their potential. Taxes and fees transferred to local self-government departments must be under the clear and full control of these bodies.For the effective formation and implementation of local budgets, it is necessary to constantly analyze them and implement global best practices to increase revenues to local budgets, and as a result, the budget potential of the region.

Forms of implementation of local self-government and dynamics of their development at different stages of municipal reform

The article analyzes the forms of public participation in the implementation of local self-government at various stages of municipal reform. It studies the consolidation of various forms of participation in federal laws on local self-government. The analysis of data from the annual Monitoring of the development of the local government system has been carried out, which makes it possible to assess the real prevalence of various forms of public participation. It is shown that the new Draft Law on local self-government reinforces the general trend towards reducing the municipal sphere and simplifying the institutional organization of local self-government. This, in turn, leads to a reduction in the total number of forms of public participation in self-government, a reduction in their demand and a reduction in the space of deliberative democracy as a whole. At the same time, there is a reduction in both power and advisory forms of participation.

Historical environment as a prototype of a new urban typology

The prerequisites of transition from the typology of high-rise residential development of dormitory districts, remote from the epicenter of urban activity, to the typology of mixed functionality, interpreting the morphological and symbolic codes of the metropolis historical heritage are considered. The criticism of modernist strategy is based on the understanding of functional zoning as an excessively rigid model of the city. The historic environment with its hierarchical structure of space and parcellation into yards and blocks provides an opportunity for fractal organization of neighborhoods and self-government. The article hypothesizes possible translation of the codes of historic environment into the basis of modern typology of compact buildings, preserving human scale of environment and effective size of neighborhoods.

ВЫЗОВЫ И ПЕРСПЕКТИВЫ УКРУПНЕНИЯ МУНИЦИПАЛЬНЫХ ОБРАЗОВАНИЙ НА ПРИМЕРЕ МОСКОВСКОЙ ОБЛАСТИ

The article is devoted to the study of challenges and prospects of the reform of territorial organization of local self-government as the problem, which has become relevant in the context of the upcoming new law on local self-government regulation. Recently, some experts have been expressing concerns about the final transition to a homogenous system of local self-government in Russia, which will be expressed in the abolition of urban and rural settlements. The declared goals of the reform, among which there are an increase of budgetary independence and reduction in the cost of local administration maintenance, are criticized, but at the same time there is still a lack of thematical practice-oriented research. Therefore, the study examines actual results of transformation of territorial organization of local self-government in the Moscow region as an example of a region, where all municipalities were granted the status of urban districts before the end of 2019. The study is based on a theoretical framework, which is centered around public choice and economies of scale theories. A hypothesis is drawn that the spread of urban and municipal districts may lead to a decrease in the territorial accessibility of local self-government followed by no reduction in the cost of its maintenance. The pre- and post-reform values ​​of indicators, characterizing territorial accessibility of local self-governments and its services and the volume of expenses connected to local self-government maintenance are compared. Conclusions are drawn about the negative impact of the reform: the availability of local authorities and local services for citizens is declining, while there are no visible budgetary savings due to staff cuts.

ИЗМЕНЕНИЯ В ОРГАНИЗАЦИИ ПУБЛИЧНОЙ ВЛАСТИ РЕГИОНОВ ЦЕНТРАЛЬНОГО ЧЕРНОЗЕМЬЯ: ПРИОРИТЕТЫ И ОЖИДАЕМЫЕ ЭФФЕКТЫ

The purpose of the study is to identify the main trends in the evolution of state and municipal government in Russia at the regional and local levels after the amendments to the Basic Law of the Russian Federation. It is established that the amendments to the Constitution of the Russian Federation in 2020 launched the organizational and legal arrangement of a unified system of public authority in the country. On the basis of the amendments, the federal legislation on the organization of power at the regional level has already been transformed, and serious changes are expected in the legal regulation and organization of local self-government. The key direction of the changes is the unification, centralization and "verticalization" of the system of public authority. At the same time, state authorities in the subjects of the Russian Federation will receive additional opportunities in terms of regulation of the local authorities’ activity and control over it. The general orientation of the novels already adopted and proposed for adoption strengthens the system of vertical political and resource control of higher levels of public authority over lower ones. It promotes the state economic policy based on the redistribution of resources accumulated in the federal center through state programs and projects down the "vertical". The key problems in the functioning of such a structure are the difficulties in making decisions on the optimal allocation of resources and the implementation of state policy, the distortion of information when hierarchical political and managerial control prevails.

FOREIGN EXPERIENCE OF ORGANIZING LOCAL SELF-GOVERNMENT ON THE EXAMPLE OF FINLAND

The article analyzes the effectiveness of the socio-economic development of municipal entities on the example of Finland. Problematic issues in the organization of local self-government were studied, and an analysis of these issues was carried out in order to take them into account in further transformations in our country. When conducting an analysis of the effectiveness of local self-government in Finland, the problem of increasing the average age of the population was clarified, and the directions for solving the problem of ensuring an adequate standard of living for the elderly were outlined.

Trends in the development of the territorial organization of local self-government and their impact on the functioning of municipal authorities in the light of the constitutional reform

Trends in the development of the territorial organization of local self-government and their impact on the functioning of municipal authorities in the light of the constitutional reform

МУНИЦИПАЛЬНАЯ ПУБЛИЧНАЯ ПОЛИТИКА В КОНТЕКСТЕ УКРУПНЕНИЯ МУНИЦИПАЛЬНЫХ ОБРАЗОВАНИЙ

The purpose of the article is to present the results of a study of municipal public policy (hereinafter MPP) in the Vologda Municipal District in 2023 in the context of reforming the local government system. The basis of the concept under study is laid within the framework of bill No. 40361-8 “On the general principles of the organization of local self-government in a unified system of public authority.” The latest bill proposes a reform that “centralizes” local government (hereinafter LSG), significantly changing the principles of its territorial and organizational structure. In particular, by consolidating municipalities through the abolition of the settlement level and the transition to a single-level LSG model; this significantly reduces its powers, transferring a significant part of them to the discretion of the regions. In a system of public authority created on this basis, local self-government may face a lack of representativeness of public interests and the final loss of its own purpose. The multi-layered nature of the concept of MPP allows us to assess the optimal balance between the political and administrative properties of state and municipal authorities, that combines administrative regulation and the use of forms of public participation. Based on the index approach, the features of the state of institutions and mechanisms of MPP in the municipal district are presented according to the criteria of consistency and indicators of the completeness of the functionality of actors and subjects of MPP, its typological features are identified and analyzed, which make it possible to minimize the negative consequences of the transition to a new model of the territorial and organizational structure of local authorities in the Vologda region areas.

The Influence Mechanism of a Self-Governing Organization in the Logistics Industry Based on the Tripartite Evolutionary Game Model

As a bridge of cooperation between enterprises and the government, the logistics association fully promotes logistics management and improves resource allocation. However, because China’s logistics association is still in its initial stage, it is difficult for it to effectively unite the government and enterprises to solve the market monopoly, the incomplete system, and other problems. An evolutionary game model among the government, associations, and enterprises is constructed in order to develop a sustainable governance mechanism for the logistics industry to realize cooperative supervision and healthy competition among relevant participants. Based on the bounded rationality and expected payoff of the participants, the main determinants of the optimal strategy are analyzed, and the evolution path and equilibrium state of the three game groups are studied by numerical simulation. The results show that strengthening the independence of the association, increasing the government’s reward to the association, and highlighting the positive social effects of industry independence are important factors for the healthy development of the logistics industry. In addition, the association must play its role in submission, distribution, and communication with the government and enterprises, constantly strengthen its own construction, improve industry standards, and create a favorable market environment for logistics enterprises.

PRIORITY DIRECTIONS OF THE FORMATION OF THE INSTITUTIONAL DEVELOPMENT OF THE FOOD SUPPLY OF UKRAINE

Introduction. The institutional environment and the economic basis form a complex institutional and economic mechanism for regulating the agro-food market, which includes the following mechanisms: the development of tools for regulating the supply and demand of agricultural products and food, interregional trade, regulation of the agrarian sphere, which allows for the formation of a strategic approach in the development of the agro-food market. The institutional and economic mechanism of liberalization and regulation of trade in agricultural goods allows determining the ways and methods of achieving the goals of the state's agro-food policy, which do not contradict the requirements of the WTO multilateral trade system and take into account national economic interests. Methods. In the process of conducting the research, general scientific and special methods of economic research were used, in particular: systematic approach, comparative, dialectical and abstract-logical. The results. Directions for improving the institutional structure of the agri-food market based on the development of legal regulation of the functioning of self-regulatory organizations are proposed, which will ensure the formation of optimal economic relations between subjects and the balancing of the interests of the state and agribusiness, as well as contribute to the effectiveness of its regulation tools. Discussion. Taking into account the evidence of the leading countries of the world, the role of self-governing organizations in the development of the national strategy for the development of the agrarian sector of Ukraine and the formation of regional comprehensive programs for the development of rural areas needs further research. In addition, in the current difficult economic conditions caused by Russia's aggression against our state, the role of professional associations in overcoming crisis phenomena in the activities of farms in the corporate sector of the agrarian economy requires consideration. Keywords: institutional environment, self-governing organizations, agrarian chamber, agrarian sector, food security.

Lawyer advanced trai- ning institute: historical aspect

This article reveals the essence of a lawyer's professional duty to improve his qualifications, primarily through the prism of studying the stages of his formation and development.
 Within the framework of this article, the stages of the formation and development of the institute for improving the qualifications of a lawyer from the time of the Judicial Reform in 1864 to the present time were investigated. Important attention is paid to the study of changes in the attitude of the Ukrainian legislator to the duty of a lawyer to improve his qualifications during the times of independent Ukraine.
 The position is argued, according to which great importance has been attached to the qualification of lawyers and its improvement since ancient times, but the organizational design of the institute of professional advocacy was legally formalized as a result of the judicial reform of 1864, which essentially laid the foundations of a competent and self-governing organization of lawyers, in particular, provided for the functioning council of sworn attorneys, whose functions included checking the qualifications of its members. Emphasis is placed on the importance attached to the qualification of a lawyer during the period of the Soviet bar.
 To achieve the goal, the author used methods characteristic of legal science. The research was conducted primarily using the historical-legal, systemic-structural method and the dialectical method of learning legal reality.
 On the basis of the conducted research, the author comes to the conclusion that constant and continuous improvement of the qualifications of lawyers plays an important role in the functioning of professional advocacy. At the same time, on the one hand, efforts to improve the institution of lawyer’s qualification improvement, as a result of which a number of revisions of the regulations on the improvement of his qualification were adopted in a short time, and on the other hand, lack of consistency, frequent adoption of new revisions have a significant negative impact on this the institute as a whole, preventing the proper realization of its purpose.

Признаки наукограда Российской Федерации как отличительные особености территории с высоким научно-техническим потенциалом

Science City – the territory with a high concentration of scientific, technical and innovative potential, its characteristic feature is the city-forming scientific and industrial complex, in institutional cooperation with the organizations of which the local governments of the science city solve issues of local importance in order to develop innovative infrastructure, create a comfortable urban environment, ensure the availability of social infrastructure to increase the output of high-tech products, the development of the human resource of the science city and the involvement of highly qualified specialists by organizations. The article highlights the key features of such a territory, in the presence of which a municipality is assigned the status of "science city of the Russian Federation" in accordance with the procedure established by the federal law "On the Status of Science Cities of the Russian Federation", and also points out the shortcomings of the conceptual apparatus and the need to improve legislative regulation to ensure the development of science cities. In order to solve these problems, it is proposed to introduce appropriate amendments to this federal law, including to determine the specifics of the organization and implementation of local self-government in science cities.

Territorial Structure of Municipal Government at the Present Stage

The paper analyzes federal constitutional laws concerning the entry into the Russian Federation of its new constituent entities — Donetsk and Lugansk People’s Republics, Zaporozhye and Kherson regions — in terms of regulating territorial organization of local self-government. The author analyzes upcoming transformations, makes and justifies proposals regarding the need to expand the system of municipalities in new constituent entitties of the Russian Federation by including settlements as its local self-government territories. The implementation of such a provision will comply with Federal Law No. 131-FZ dated 06.10.2003 «On General Principles of Organization of Local Self-Government in the Russian Federation» and will allow the population of rural and other settlements to participate more actively in local self-government.The paper describes the principles of the territorial basis of local self-government and clarifies the possibilities of their preservation in the conditions of the ongoing transformations of local self-government, due to the introduction of amendments to the Constitution of the Russian Federation in 2020. The author characterizes the procedures fixed in the legislation for ensuring changes in the boundaries of municipalities, transformation and abolition of municipalities, analyzes the norms of relevant laws of constituent entitties of the Russian Federation and municipal legal acts specifying the procedure for solving territorial issues of local self-government, illustrates the process of consolidation of municipalities on the example of the Moscow region. It is noted that in the Russian Federation there is a three-level legal regulation of the municipal-territorial structure, including federal and regional legislation and municipal legal acts. This makes it possible to determine substantive powers of public authorities in this area of local self-government and establish the procedure for their enforcement. Taking into account the results obtained, draft Federal Law No. 40361-8 «On general principles of organization of local self-government in the unified system of public authority» is analyzed in order to identify the degree of stability of the existing system of territorial organization of local self-government. The author summarizes that adoption of the enactment under consideration will not entail significant changes, its principles and will not change the procedure for resolving issues of territorial organization of municipal power.

Current Vectors of Local Self-Government Development in Line with the People’ s Responsible Delegation of Power

In the context of the constitutional and legal concept of responsible delegation of power by the people developed by the author, the paper examines a number of theoretical and practical issues relevant to the current stage of development of the local level of the uniform system of public power in Russia. The author highlights the following provisions focused on their practical implementation:1) In the nearest future, it is possible to consider the development of new conceptual documents initiated by the Russian Federation and containing international standards in the field of organization and implementation of local self-government based on the original Russian experience. This can contribute to the entry of our country into the position of international leadership in the field of establishing appropriate legal standards;2) Strategic turn from local self-government focusing mainly on issues of local importance and local tasks to their organic integration into a single, effectively working mechanism implemented to achieve national development goals throughout the country and promoting national interests seems to be timely, relevant and significant in the doctrinal and normative contexts;3) A modern strategy for the development of local self-government should include a wide range of provisions involving reliance on local communities cohesion and consolidation of their efforts for responsible participation in solving local and national tasks; in this vein, an understanding of the category «local community» should develop;4) Systemic development of the personnel potential of the municipal service is particularly relevant, including incentive mechanisms that facilitate recruitment of qualified personnel to local self-government bodies.The author makes a number of specific proposals corresponding to the vectors under consideration.

PUBLIC ADMINISTRATION OF INTERNATIONAL TRADE: REGIONAL ASPECT

The globalisation processes are expanding, making all the subjects of the global functioning system interdependent on each other. One of the pros of globalisation is the possibility to exchange goods and services between the subjects either on the global or regional levels. Such an exchange of goods and services is considered international trade. International trade is carried out in the forms of exports and imports. International trade influences any region’s economic functioning, including dynamics and volatility of economic growth as well as labour market performance. Public administration includes state governance (executed by the state authorities), regional and local governance (executed by the regional and local bodies of state power) and public governance (carried out by the non-state entities, NGOs, etc). The subject of international trade public administration to be paid attention at in this research is the Chamber of Commerce and Industry of Ukraine, which is a non-governmental non-profit self-governing organization that unites legal entities and citizens of Ukraine registered as entrepreneurs, as well as their associations, on a voluntary basis. The regional structure of chambers of commerce includes the central Chamber of Commerce and Industry of Ukraine and 25 regional Chambers. The Chamber of Commerce and Industry of Ukraine a member of the International Chamber of Commerce and the World Federation of Chambers as well as the Association of European Chambers of Commerce and Industry. The public administration of international trade effectiveness has been evaluated through its indirect impact on the regional performance in general. The amounts of Gross Regional Product for the regions of Ukraine and their shares of the Gross Regional Product have been visualised, analysed and compared. The subjects to use the research itself and its results have been defined and the prospects as well as the further research development limitations have been stated.

ZEMSTVO REFORM IN RUSSIA: HISTORICAL AND LEGAL CONTEXT

The article deals with the issues of legal regulation of zemstvo self-government in the second half of the 19th century on the basis of valid acts of the Russian empire. Urgency of addressing this theme is determined by the next stage of municipal reform in Russia, conditioned by the inclusion of local self-government and state administration into unified system of public power organization by the Constitution of Russian Federation of 1993 and by the necessity of generalization of historical experience for providing legislative bodies of power with recommendations on application of some legal constructions that haven't lost their significance after a century. The author analyzes the guidelines, decrees and regulations, which laid down the order of organization of zemstvo self-government in the Vyatka province. She describes in detail the transformations carried out in the districts that make up the present-day Udmurtia, comparing the laws of 1864 and 1890. The competence of zemstvos, order of formation, functioning and interaction of zemstvo bodies in exercising their powers are revealed in details. Special attention is paid to the legal regulation of electoral rights of different categories of the population. At the end of the article some conclusions are formulated for effective organization of public administration with zemstvo reforms in modern legal conditions.

Institutional Minimalism as a Trend in the Development of Local Self-Government in Modern Russia

The article is devoted to the analysis of the upcoming reform of local self-government initiated by amend­ments to the Constitution of the Russian Federation (2020) and the Draft Federal Law No. 40361-8 «On general principles of the organization of local self-government in a unified system of public author­ity», submitted to the State Duma of the Russian Federation in December 2021. The purpose of the study is to identify and analyze trends in the development of the institutional organization of local self-govern­ment, manifested in the context of the development of the new Draft Federal Law. It is shown that a special type of institutional organization is emerging in the sphere of domestic local self-government, which can be defined as institutional minimalism. Its main features are highlighted. It is concluded that the manifes­tations of institutional minimalism are possible only in the conditions of continuation of such trends as the strengthening state control and unification of local self-government, which previously existed, but were further strengthened in connection with the building of a unified system of public power.

BASES OF THE TERRITORIAL ORGANIZATION OF LOCAL SELF-GOVERNMENT IN STATES OF CONTINENTAL AND ANGLO-SAXON LAW

The article deals with the issues of territorial organization of local self-government in the states of Anglo-Saxon and continental law. Particular attention is paid to the latest changes in the constitutional legislation of this group of states in the field of ATU reform, an analysis of national legislation in the field of building the territorial foundations of local self-government is carried out. The main trends in the development of legislation on local self-government in the states of continental and Anglo-Saxon law are revealed.

Novelties of the federal legislation on municipal elections

The article examines the novelties of the draft federal law of the Russian Federation № 40361-8 On the general principles of the organization of local self-government in a unified system of public authority. In the course of the analysis, the author notes the positive changes laid down in the draft law, for example, the refusal to form a representative body of a municipality through delegation, in favor of direct elections. It is emphasized that the local level of government is the most accessible and close to the majority of the population, and the replacement of direct elections with indirect procedures, such as delegation, when forming a representative body of local self-government, leads to the alienation of local residents from solving issues of local importance. The question is raised about the validity of the introduction of a single-level system of organization of local self-government by the draft law in the context of geographical accessibility of local self-government bodies and the possibility of the population of remote territories to participate in the formation of local self-government bodies. The author predicts that such a system is difficult to adapt to the conditions of the peculiarities of population settlement in the territory of the Russian Federation. In the authors opinion, there is a negative tendency to strengthen the state vertical of power, which contradicts the democratic foundations of the state structure of the Russian Federation, enshrined in Article 12 of the Constitution.

On the Question of Ways to Replace the Position of the Head of a Municipality: Using a Competition or on the Recommendation of the Governor

The article is devoted to the issue of the election and appointment of the head of the municipality, which occupies a central place in the institute of municipal people's representation, representing the municipality in the domestic and international arenas, the interests of residents of the territories. The subject of the study: the norms of the Constitution of the Russian Federation, Federal Law of 06.10.2003 No. 131-FZ "On the general principles of the organization of local self-government in the Russian Federation", the provisions of Draft Law No. 40361-8, scientific doctrine on the issue under study. The purpose of the study is to analyze the ways of electing the heads of municipalities "by competition" and "on the proposal of the governor". The methodological basis of the study: general scientific and private scientific methods, a special place in the study is given to the methods of content analysis and right-theoretic modeling. It is established that the "competitive model" (introduced by the legislator in 2014 for the election of heads of municipalities) deprived the local community of the opportunity to directly choose their mayors - through indirect democracy (through deputies of representative bodies). Special attention is paid to the analysis of the draft law of the new Federal Law "On the general principles of the organization of local self-government in the system of unified public authority", which proposes to replace the "competitive" model with the "governor's" one. The advantages and disadvantages of both methods of electing heads of municipalities are revealed. The novelty of the work is due to the fact that the author's approaches to the interpretation of "competitive and "gubernatorial" methods of electing heads of municipalities have been introduced into scientific circulation. Proposals are formulated to improve legislation in terms of the proposal of the author's design of a "competitive model" for the election of heads of municipalities, taking into account the opinion of the population of the relevant territory. It is concluded that the strengthening of control over local authorities by the state authorities of the regions, which began in 2014, in the event of the adoption of the analyzed Bill, will finally put local self-government in a position dependent on the region and marks a return to local government.