Subjects Of Local Self-government Research Articles

International Experience in Ensuring Cybersecurity in Local Self Government Management as a Component of the National Security of Ukraine

The study examines the critical relationship between cyber security as a component of national security and its provision in local government administration. The purpose of the study is to evaluate the international experience of ensuring cyber security in the management of local self-governments in Germany, Poland and Ukraine. In research were used visual and graphic methods, a set of methods of processing, comprehension and interpretation of information. This highlights the level of trust in local authorities in Poland, Germany and Ukraine, as well as a comparison of the systems of local self-government entities in the selected countries. It was established that there is a need to create and develop an adequate cybersecurity system. The result of the study is an analysis of the cyber security strategies of Germany, Poland and Ukraine. Prospects for further research are the analysis of the possibility of consolidation and differentiation of powers by subjects of local self-government in ensuring cyber security. An analysis of the real need for the powers related to providing cyber security and the ability to perform them is appropriate.

Legal Foundations of the Local Community in the Russian Federation: Concept, Structure, Forms of Interaction with Local Self-Government Bodies

Introduction. In the light of the constitutional innovations of 2020 regarding the legal regulation of civil society as a whole, and in particular of its individual public law institutions, as well as the legal position of the Constitutional Court, formulated in a number of its resolutions and definitions, regarding the recognition of the local community as a source and subject of local self-government, the problem of legalization seems urgent the legal definition of “local community” in the current legislation. Theoretical Basis. Methods. The methodology of the study is largely determined by its goals, the main of which is to formulate a set of scientifically based conclusions about the concept based on a systematic legal analysis of various points of view of researchers, the legal positions of the Constitutional Court of the Russian Federation regarding the place and role of the local community in the system of local self-government as its source and subject of implementation, the structure of the local community and the forms of its interaction with local self-government bodies and on their basis to develop practical recommendations for improving legislation in this area. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (system-legal, comparative-legal, historical-legal, formal-legal). The application of these methods of scientific research makes it possible to determine the structure of the local community as an institution of civil society and a subject of local self-government, to identify intra-system connections, forms of interaction of the local community with local self-government bodies, patterns and trends corresponding to this process. Results. The theoretical, methodological, scientific and practical issues of defining the concept and structure of the local community, as well as the requirements imposed in the legislation to its elements in the face of organized associations of the population of the municipality are disclosed. A methodology has been developed for determining the grounds for classifying the forms of interaction of the local community with local self-government bodies depending on the forms of direct implementation of local self-government by the population, forms of participation of the population in the implementation of local self-government and forms of public control defined in the legislation. The criteria for determining the unity of the forms of interaction between the local community and local self-government bodies, enshrined in the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” and the Federal Law “On the Basics of Public Control in the Russian Federation” in solving issues of local importance, are analyzed. Discussion and Conclusion. The formation of a local community as a public legal institution of civil society, a subject and source of local self-government is a necessary condition on the path of its development as the basis of the constitutional system of the Russian Federation and one of the forms of democracy, which determines the advisability of introducing the legal term “local community” in current federal legislation.

Местное сообщество: проблема институционализации

The strategic goal of spatial development of the Russian Federation is to ensure its stability and balance. The study of domestic and international experience shows that the most important component that ensures this stability is the institution of local self-government. Recently, the Russian Federation has adopted a lot of regulatory and legislative acts that allow us to talk about the ongoing reform of local self-government as one of the components of the spatial development of the country. At the same time, the fundamental issue of local communities as subjects of local self-government has not yet been clearly resolved. The article substantiates the incorrectness of the provision that a local community is just a population living in the relevant territory. It is concluded that local communities are a historical category; local communities arise at a certain stage of development of socio–territorial communities and represent a fundamental category for understanding the very essence of local self-government.

Municipal Procedural Activity: Concept and Content

The paper presents the author’s vision of the content of municipal procedural activity, the grounds for its separation from the structure of general municipal activities carried out by local self-government entities when solving issues of local importance and other issues enshrined in Federal Law No. 131‑FZ of 06.10.2003 «On General Principles of Local Self-Government Organization in the Russian Federation». The author proposes to consider municipal procedural activity as dynamic purposeful, normatively conditioned activity of local self-government bodies carried out by adopting them in the development of the procedural norms of municipal legal procedural acts. These are to be contained in the laws and applying procedures that ensure the implementation of their powers to resolve issues of local significance and other normatively conditioned issues. This activity also means to include ensuring the implementation of local self-government and participation of bodies of territorial public self-government and other public associations. The author believes that the application of municipal procedures in practice is a legal condition for local selfgovernment bodies to resolve issues of local significance and other regulatory issues. Municipal procedural activity is an integral subspecies of municipal activity, which includes constituent, law-making, control, personnel, financial and other activities carried out by subjects of local self-government. The realization of municipal procedural activity is conditioned by the provisions of Part 3 of Article 132 of the Constitution of the Russian Federation (as amended in 2020), which established the need for interaction between local self-government bodies and state authorities for the most effective solution of tasks in the interests of the population living in the relevant territory. The need to solve this problem increases the importance of scientific research on the problems of improving municipal procedural activity as a subspecies of procedural support for the activities of local self-government bodies.

PUBLIC INSTITUTIONS AS DRIVERS FOR ACTIVATING COOPERATION OF TERRITORIAL COMMUNITIES

The study revealed the relevance of research and development of methodological and applied principles of the toolkit of public institutes in the context of cooperation between territorial communities in Ukraine. The purpose of the article is to improve the methodological and practical principles of using the tool of public institutions in Ukraine as a driver for the development of cooperation between territorial communities. The prospects for the activity of public institutions of Ukraine as drivers of cooperation between territorial communities have been determined. Public institutions are considered in a broad sense – as subjects of local self-government (bodies of self-organization of the population, associations of local self-government bodies, local public organizations) and as separate subjects of interaction with communities. A systematic presentation of the organizational and legal foundations of cooperation between territorial communities and public institutions in Ukraine allowed to confirm their limited functionality, which, as a rule, involves educational activities, mediation and mentoring of community participation in international programs. It was also confirmed that there are no stable practices of partnership between civil society institutions and local self-government bodies in Ukraine. Taking into account the limited experience of territorial communities in cooperation, special attention is paid to the need to implement projects of public institutions for the purpose of supporting the territorial community in gaining the first experience of cooperation and acquiring a grant history. Other recommendations include the implementation of projects for communities focused on socio-demographic potential, ecologically oriented projects, projects focused on increasing the financial capacity of communities with subsequent involvement of own funds in project activities. The task of state authorities is to support the development of regional partner networks through popularization of their experience, state guarantees for participation in valuable international projects. Communities themselves should stimulate the creation of local public organizations, public councils under local self-government bodies, implement the principle of “community foundation” to support the global philanthropic movement.

Problems of development of local self-government in the works of Professor V. I. Fadeev (to the anniversary of the Department of Constitutional and Municipal Law of the Kutafin Moscow State Law University (MSAL))

This article analyzes some concepts of the science of municipal law, sets out their author’s vision, taking into account the ideas of the Russian scientist Professor Vladimir Ivanovich Fadeev. Recognizing the invaluable contribution of Professor V. I. Fadeev’s scientific views on the problems of the organization and functioning of municipal government in modern Russia, the legal nature and content of the competence of local self-government bodies, procedural support of the powers of municipal authorities and other subjects of local self-government are investigated.The author introduces the concept of municipal procedural activity into scientific circulation, the grounds for its separation from the structure of general municipal activity, formulates its purpose, defines its security role in the implementation of other types of municipal activities. According to the author, municipal procedural activity acts as an integral component of organizational, law-making, personnel, financial, law enforcement and other municipal activities.This activity is being updated in connection with the constitutional provisions of part 3 of Article 132 as amended in 2020 on the need for interaction of public authorities for the most effective solution of tasks in the interests of the population living in the relevant territory.

Tasks of state administration and local government in the management of illegally disposed waste in the Slovak Republic

The paper deals with the legal requirements for the procedure of local self-government entities (municipalities, cities) and state administration bodies at the local level in case of detection of illegally placed waste. The article also outlines how the person responsible for illegal dumping is identified, what is done if such a person is not identified and how those who have placed waste in black dumps can be punished. The author also points out in this paper the application problems in the application of the legal procedure for dealing with illegally placed waste, the lack of definition of competences between the subjects of local self-government and state administration bodies, as well as proposes certain changes to the legal regulation, which would be possible to eliminate the alleged application problems.

Institutional and legal support for the functioning of local governmental subjects in Ukraine

Some aspects of institutional and legal support of local self-government social institutions' functioning in Ukraine have been considered. Modern municipal transformations related to the sphere of local self-government affect the activities of local self-government bodies, territorial communities and other public administration institutions as well as the interaction between them, which necessitates resolving issues related to the institutional and legal aspects of the local self-government practice. For this, the features of the institutional component in the structural and organizational sense and the legal component in terms of legislative and statutory regulation of the functioning of local governments have been analyzed. General characteristics of formal and informal rules, on which institutional maintenance of activity of subjects of local self-government is based, have been presented in the article. Special attention has been paid to the legislative definition of local self-government system social institutions, which are located at the appropriate institutional levels, as well as the peculiarities of relations between the subjects in this area. The peculiarities and methodological principles of the institutional building of the territorial community as a subject of local self-government, as well as the powers of direct and indirect participation in municipal relations, defined by law, have been highlighted. The importance of improving the interaction between members of the territorial community and local self-government bodies through the mechanisms of cooperation that should be regulated in legal acts at the local level has been emphasized. The specifics of local regulation of the functioning of local governments in the regional programs for the development of local government and the promotion of public activity in the Dnipropetrovs’k region have been studied. The problems of development of statutory rulemaking have been considered, which concern the shortcomings of the legislative detailing of the subject content of the statutes of territorial communities, the obligation to adopt them, the absence of norms on the procedure for their development and adoption at the local level. The formulated proposals for solving the existing problems of statutory regulation of the functioning of local governments will contribute to the further development of territorial communities in Ukraine.

Municipal Procedural Rules and Their Types

The paper analyzes the concept of municipal procedural norms. The author justifiably notes that the municipal procedural norm contains all the features of a legal norm and defines the procedure for ensuring the material powers of local self-government subjects. According to the author, municipal procedural norms are contained in the legislation at the federal and regional levels, as well as in municipal legal acts. The variety of identified municipal procedural norms allows us to distinguish three of their types. The first type of norms includes procedural norms that describe the sequential actions necessary to ensure that local self-government entities exercise their powers. The second type of municipal procedural norms is characterized by the presence of references to other normative legal acts. The third type is made up of municipal procedural norms, which only name specific actions necessary for the implementation of their powers by local self-government entities. Due to the large number of municipal legal acts containing procedural norms, it is proposed to codify them, as well as to introduce a new type of municipal legal acts into the system — the municipal procedural code. This codified act could structurally consist of two parts — general and special. In the general part of the municipal procedural code, it is advisable to include municipal procedural norms that establish general procedures for ensuring the implementation of all available material powers of local self-government bodies and other local self-government entities. In the special par, it would be necessary to fix the norms that ensure the specifics of the implementation of each material authority of the subject of local self-government to resolve issues of local significance. This approach to the systematization of procedural norms will significantly reduce the number of municipal procedural acts and duplication of procedural norms, thereby ensuring more effective law enforcement activities of local self-government bodies.

The Development of Real Property Tax - The Case of City of Košice

The paper is focused on the field of real property taxation in Slovakia, from a legal-budgetary point of view, at the local level (the City of Kosice). The scientific goal of the paper is to assess the development in the total revenue, tax revenue and revenue from real property taxation in component-wise structure (revenue from the taxation of land, buildings and flats and non-residential premises) within the period from 2005 to 2019, as well as the search for causal relations between legislation and reported revenue. Within the first stage of targeted research; the authors applied standard scientific methods and procedures, namely the study and analysis of legislation (selected laws and generally binding regulations), the database of available and requested numerical data and information, which were provided by the selected subject of local self-government - the City of Kosice; in the second stage of targeted research the authors created through abstraction, comparison, induction and deduction their own results and conclusions, which are presented in this paper in textual and graphical forms.

Територіальна громада як базовий суб’єкт місцевого самоврядування: тенденції розвитку та напрямки вдосконалення

Територіальна громада як базовий суб’єкт місцевого самоврядування: тенденції розвитку та напрямки вдосконалення

To the Questions of the International Legal Personality of Subnational Entities in the International Financial Legal Order

The article analyzes the doctrinal approaches to the concept of the “subject of international law” and the criteria for their separation from other legal entities involved in the financial relations with a foreign element. The basic international documents and legal acts of foreign countries that regulate at the national level the legal status of communities of administrative-territorial units as the subjects of local self-government and give the right to enter into cross-border contractual relations are investigated. Exploring the forms of cooperation of subnational individuals at the regional and universal levels, they distinguish between such forms of network cooperation as infrastructure, which are factors of international legal regulation (aimed at economic solidarity) and political, in which cities are often agents of international intergovernmental organizations. Based on the analysis of international documents and national legal acts regulating the legal status of subnational persons and their relations with subjects of international law, as well as domestic and foreign doctrine of international legal personality, a scientific approach to the status of subnational persons in financial relations with a foreign element is formulated. Administrative-territorial units as complementary subjects of international legal relations with a special international legal personality are defined: on the formal legal plane, they are endowed with rights in foreign economic activity with legal norms of national law, which govern these relations; similarly, city states (like other subnationals) are representatives of the public interest of urban communities; in the economically practical plane, they act as independent subjects of economic relations of an international character.

The Mechanism of Legal Regulation of the Municipal Process

The article reveals the content of the mechanism of legal regulation of the municipal process. The municipal process is considered as an activity of subjects of local self-government regarding application of procedural rules for resolution of local issues and other issues concerning community life. The paper highlights that the mechanism of legal regulation of the municipal process has its own features. These include, in particular, its limitation to the territory of a municipality, the incorporation of municipal procedural rules not only in federal and regional laws, but also in municipal legal acts. The author concludes that the mechanism of legal regulation of the municipal process ensures the exercise of substantive powers of subjects of municipal law.The paper proposes to recognize the legal institution of the municipal process as an element of Municipal Law of the Russian Federation, as well as to adopt codified acts containing procedural rules ensuring the exercise of substantive powers by local authorities. This is seen as an important condition for improving the efficiency of the municipal process.

TO THE QUESTIONS OF INTERNATIONAL LEGALITY OF LOCAL COMMUNITY IN THE INTERNATIONAL LEGAL ECONOMIC RELATIONS

The article is devoted to the issue of international legal personality of cities as subnational persons. The rapid urbanization of cities, modern processes of decentralization of power in the countries and the growth of economic globalization in the world have led to an increase in the autonomy of subnational individuals (especially such their kind as cities). The sphere of greatest manifestation of such independence is economic, within which, cities are increasingly entering into foreign economic relations not only with foreign legal entities, but also with international intergovernmental organizations and governments of foreign countries when solving economic and economic issues of local level. The rapid growth and such foreign economic activity, the legal basis of which, as a rule, are international treaties between the countries, has caused ambiguous understanding of the legal status of subnational persons and highly actualized the research of this problem in the context of determining their international legal personality. The article analyzes the doctrinal approaches to the concept of "subject of international law" and the criteria for their separation from other legal entities participating in relations with a foreign element. The basic international documents and normative legal acts of foreign countries that regulate the legal status of territorial communities of cities as subjects of local self-government and give the rights to enter into a contractual relationship on their own and in a responsible manner in a transboundary context are investigated. Exploring the forms of urban cooperation at the regional and universal levels, the following forms of networking of cities as infrastructures, which are factors of international legal regulation (aimed at economic solidarity) and political ones, in which cities often act as agents of international intergovernmental organizations, are distinguished. Based on the analysis of international documents and national legal acts regulating the legal status of subnational persons and their relations with subjects of international law, as well as domestic and foreign doctrines of international legal personality, a scientific approach to the status of cities in economic relations with a foreign element is formulated. Cities are defined as complementary (substantive) subjects of international legal relations with a special international legal personality: in the formally-legal plane they are granted the rights in foreign economic activity by the legal norms of the national law, which these relations are regulated; similarly to the states, cities (like other subnationals) are representatives of the public interest of the communities of cities; in the economic-practical plane act as independent subjects of economic relations of an international character. Illustrated signs of the rapid development of "city diplomacy", which, on the background of decentralization of authorities to territorial communities and economic globalization, led to the expansion of the scope of international legal personality in the practice of foreign economic relations and caused a gradual change in their international legal personality in international acts.

STRUCTURAL-FUNCTIONAL APPROACH IN THE WORLD-THEORETICAL KNOWLEDGE OF TERRITORIAL COMMUNITIES

Taking into account the limited theoretical study of the territorial communities, the aspects of their scientific knowledge from the standpoint of the structural-functional approach are highlighted. Using the structural-functional approach, the functions of territorial communities as the subjects of local self-government are disclosed, their division into public and private functions is substantiated. It has been established that the functional research of the territorial communities is the most successful way to reveal their economic content and essence. It has been determined that the theory of the territorial communities’ functions originates from the legislation of Ukraine, is based on the experience of local self-government bodies and the achievement of scientific thought in the field of local self-government. At the same time, a critical review of the theoretical approaches of modern scholars to the classification of the territorial communities’ functions allowed to state not the objectivity of these approaches, but the fields of scientific interests of each of them. The territorial community, performing public and private functions, ensures the realization of the basic social and economic rights of its members, involving them to local self-government. The criteria for this classification are the objective nature of the complex of tasks that local self-government and the territorial communities try to solve as their primary subjects. The variety and diversity nature of the tasks, arising before local government, produces the directions of the activities of the territorial communities, namely their functions. This process is interdependent and dynamic, since the range of functions is wide and permanently variable.

Economic and legal problems of interaction between municipal authorities and the possibility of their solution in the aspect of the theory of human capital

The article discusses the contradictions of relations in the structure of municipal authorities relevant to the Russian reality concerning the activities of heads of municipalities, representative bodies of local self-government, local administration. The study demonstrates that, as ways to optimize the activities of municipal authorities, one should consider not only expanding the search for legal levers of influence on the system, but also monitoring the dynamics of human capital of the subjects of local self-government, which would reveal the factors of integration of relationships and develop incentives for supporting the partnership of social institutions.

Activity territorial community as a condition of operation of local self-government

The article aims to show the essence of the local community as the subject of local self-government. Revealed the formation and optimization of the conditions of the territorial communities. Also, in this paper we study questions features inherent in the territorial communities, the activity of the territorial communities, the main types of behavior.

Концептуальні проблеми забезпечення контролю в сфері місцевого самоврядування: теорія та практика

У статті досліджуються конституційно-правові проблеми організації та функціонування місцевого самоврядування в контексті контрольної діяльності у муніципальній сфері. Висвітлюється питання щодо системи та форм контрольної діяльності суб’єктів місцевого самоврядування у вітчизняній і зарубіжній юридичній практиці. Така постановка питання обумовлюється тим, що питання щодо місця й ролі контролю у системі місцевого самоврядування, його правової природи, співвідношення та взаємодії з іншими формами муніципальної діяльності належать до найбільш дискусійних у сучасній конституційній теорії.