System Of Self-government Research Articles

The Peasant Self-government in the Lithuanian Country after the Abolition of Serfdom: the Backwardness or Progress Factor?

The purpose of this article is to examine the influence of the peasant self-government system, which had been functioning in Vilna and Kovno Governorates since the abolition of serfdom in 1861 (in Suwałki Governorate – since the land reform of 1864) up to the First World War, on the Lithuanian peasant life. The functioning of different self-government structures in the daily life is characterised. The article specifies changes in the peasant opinion towards the system. The essential differences between the peasant self-government regulations in Vilna, Kovno and Suwałki Governorates are highlighted. The effects of the system on the Lithuanian peasant life were ambiguous. On the one hand, it brought some novelties to the country, such as a bureaucracy and a regular management of public affairs. On the other hand, it conserved the communal mentality of peasantry by creating legal conditions for the collegial self-government institutions to restrict the freedom of community members to change their place of living and occupation. The peasant self-government in Suwałki was not based on the estates of the realm, thus it provided better circumstances for the modernisation of peasantry.

Развитие социальной инфраструктуры: опыт земского управления

The article is devoted to the study of domestic experience in the development of social infrastructure in the 19th–early 20th century. A retrospective analysis made it possible to highlight the advantages and disadvantages of the zemstvo system of self-government. With the help of a comparative method, trends in the financial and economic support of zemstvo bodies at various stages of the zemstvo reform were identified, and an analysis of key indicators of the development of social infrastructure in the 19th–early 20th century was carried out. The work shows that it was thanks to the zemstvo reform that the necessary conditions were created for the infrastructural development of cities and villages. Zemstvo institutions took responsibility for ensuring most of the spheres of life, which were not a priority for state authorities; contributed to the spread of education and culture in cities and villages. That is why the successful practices of zemstvo administration require new understanding during the development of modern social policy and the reform of local self-government in Russia.

The Role of Wali Nanggroe Institution to Realize Peace in the Asymmetric Decentralization: the Case of Indonesia

<p><em>This article aimed to analyze the role and chances of the Wali Nanggroe in its involvement in international peace and its relation to the implementation of special autonomy in Aceh. One of the functions mandated by the qanun (local laws) of Wali Nanggroe Institution is participation in local, national, and international peace. The participation of Wali Nanggroe Institution to be part of regional, national and international peace is an exciting study because most of Wali Nanggroe's members are currently former officials and former combatants of the Free Aceh Movement. This research will analyze the opportunities of the Wali Nanggroe Institute in its involvement in the world and its relation to the implementation of special autonomy in Aceh. This research shows the peace will continue after the peace agreement because many Acehnese leaders, former GAM leaders, believe that the MOU can bring Aceh to a self-government system through a peaceful and democratic process.</em> <em>that several opportunities can be used by it to carry out the function of peace, among others, the first is strong support from local political parties because Wali Nanggroe is an "old man" in Aceh; Third, good relations between Wali Nanggroe and foreign countries or bodies, as well as Wali Nanggroe's own experience in the negotiation process with the Government of Indonesia to realize the understanding of the Helsinki MoU in Finland.</em></p>

JUDICIAL PROTECTION OF THE RIGHT OF THE POPULATION TO TERRITORIAL SELF-ORGANIZATION IN THE RUSSIAN FEDERATION: ASSESSMENT OF CURRENT PRACTICE

Purpose of the study. The article examines topical problems of judicial protection of the population's right to territorial self-organization. This research seems to be relevant in connection with the problems that have arisen in practice, which require a comprehensive substantiation of the constitutional content of the population's right to territorial self-organization and an assessment of the existing judicial practice of considering territorial disputes in the system of local self-government in the Russian Federation. Conclusions. As a result of the study, the authors come to the conclusion that the provisions of Federal Law No. 131-ФЗ as amended by Federal Law No. 87-ФЗ dated 05/01/2019 and the judicial practice of recognizing a decision of a representative body as a form of consent of the population to change the boundaries of municipalities contradicts the constitutional right of the population on territorial self-organization. Such forms of democracy as a local referendum, general municipal discussion by the population or a general municipal poll should have an advantage, which will maximize the involvement of residents in resolving issues of the territorial structure at the municipal level.

ANALYSIS OF CURRENT INNOVATIONS AND FACTORS IN SHAPING RURAL ELECTIONS: A PERIOD OF TRANSITION

The article analyzes the current innovations of the new model of the local self-government system, where one of the important components is the organization and conduct of direct elections of rural akims. The election of rural akims in Kazakhstan remains one of the important directions in the framework of further decentralization of public administration and the introduction of the widespread practice of local self-government institutions. In this connection, the article considers and assesses the key measures for implementing the transition to direct elections, taking into account the experience of the first local election campaign in the summer of 2021.

Україна, територіальна громада, об’єднана територіальна громада, місцеве самоврядування, європейський досвід, децентралізація

The article provides a comparative analysis of the European and domestic approach to the policy of voluntary association of territorial communities. The author conducted a study of key areas of local government reform in Ukraine and European countries. The paper describes the dynamics of the formation of territorial communities, the basic concepts, principles and conditions of voluntary association of territorial communities. The domestic normative-legal provision of the relations arising in the process of formation of capable communities is characterized. The paper analyzes the general aspects of decentralization reform on the example of European Union member states. The practical experience in the reforms of the former post-socialist countries was studied. The author notes that the use of European experience in reforming local public authorities serves as a good basis for decentralization reform in Ukraine and to achieve effective changes in the system of governance, financing, modernization of small communities in Ukraine. The paper notes that the reform of decentralization has already led to significant changes in Ukrainian society, in public administration, as well as in the system of local self-government. Since the adoption of the Concept of Local Self-Government Reform and Territorial Organization of Power in Ukraine in 2014, a legal framework for large-scale local self-government reform has been created and practical experience has been gained. The author shows that the policy of voluntary association of territorial communities should take into account the existing historical experience of such reforms. Analysis of domestic and European experience in reforming local self-government and forming capable communities shows that the policy of consolidation of territorial communities is one of the important ways to create an effective system of local self-government. Ukraine’s state policy in the field of local self-government is based on the interests of residents of territorial communities, which has led to the decentralization of power through the transfer of powers, resources and responsibilities from local self-government bodies. Based on this policy, the provisions of the European Charter of Local Self-Government and the best practices of European countries are laid down.

Удосконалення конституційних основ місцевого самоврядування в Україні

The article reveals the problems of constitutional and legal regulation of municipal reform, which negatively affect its effectiveness. There is a need to improve the legal personality of the territorial community in terms of the right to exercise power directly, which would strengthen its position as the primary subject of local self-government. The problem could be solved positively by granting the status of a legal entity under public law to the territorial community, but currently, in the conditions of hostilities in the east of the state and temporary occupation of Ukraine, it is impractical to change its status due to the threat of loss of territorial integrity. It is argued that the lack of the right of district and oblast councils to have their own executive bodies has a negative impact on the efficiency and completeness of functioning in the system of local self-government. It is proposed that in order to successfully continue the reform of local self-government, it is proposed to adopt laws that would regulate the issues of the administrative-territorial structure of Ukraine and strengthen supervision over the legality of decisions of local self-government bodies. The objective need to amend the Constitution of Ukraine in terms of improving the legal status of territorial communities, granting the right to regional and district councils to create executive bodies, delimitation of public authority on the basis of decentralization and subsidiarity, consolidation of a new system of administrative-territorial organization with division into regions, districts and communities, transformation of local state administrations into prefectural bodies and endowing them with coordination and supervisory functions. Prior to the introduction of these constitutional changes, it is necessary to adopt laws within the current Constitution of Ukraine, which will ensure the continuation of local self-government reform.

Організаційно-правові питання функціонування субмуніципального рівня управлІння в системі місцевого самоврядування

The article is devoted to organizational and legal issues of functioning of the sub-municipal level of government. The preliminary consequences of the administrative-territorial reform carried out by the Cabinet of Ministers of Ukraine in 2020, which is an important component of decentralization as the transfer of powers to provide public services to local governments should be accompanied by the consolidation of territorial communities, show some positive results. The author thoroughly analyzes that the domestic experience of functioning of new territorial communities, the experience of foreign countries allows to highlight the relevant negative aspects (legal, organizational, economic, social, etc.) that accompany the process of consolidation. It is determined that in communities with a large area of jurisdiction and a large number of settlements it is much more difficult to implement the requirements of relevant European documents for the development of local democracy, in particular, the Basic Principles of Democratic Participation at Local Level. The point of view of limiting the influence of negative factors that arose in the process of forming a new territorial basis of local self-government will allow the introduction of an auxiliary level of government in the system of local self-government. Two options for building a modern model of municipal governance in large communities and its organizational and legal support, taking into account European standards and principles. It is noted that the current legislation of Ukraine on selforganization of the population does not allow to fully reveal their potential as a sub-municipal level of community development and management, and does not meet the requirements of the current stage of reforming the territorial organization of power on the basis of decentralization. It is noted that the advantages of introducing support units are: decentralization, empowerment of local communities - individual and collective ability to influence decisions and plans for their community, bringing “power” to the people, improving the effectiveness of decisions and actions of local governments. Because on the ground much better awareness of the needs and current situation in the community, localization – at the level of local communities there are certain values, the loss of which is unacceptable – social ties, neighborhood, interaction. It is concluded that there is an urgent need to decentralize municipal government by introducing a full sub-municipal level in the system of local self-government, as well as legislative consolidation of Starostinsky districts as an auxiliary territorial level and determining the formation and operation of their representative and executive bodies.

О ДЕМОКРАТИЧЕСКИХ ОСНОВАХ ФУНКЦИОНИРОВАНИЯ МЕСТНОГО САМОУПРАВЛЕНИЯ КАК ПОДСИСТЕМЫ ПУБЛИЧНОГО УПРАВЛЕНИЯ В УСЛОВИЯХ СОВРЕМЕННЫХ ПОЛИТИЧЕСКИХ ПРОЦЕССОВ

The article considers the democratic basis of local self-government in the system of built public administration, defines the problems of implementing the principles of democracy in the exercise of power at the local level and the peculiarities of the entry of local self-government into the public power system of modern Russia. Modern political processes related to the development of local self-government are connected on the one hand with the emergence of a single system of public power, and on the other, the development of direct and representative democracy at the local level in the exercise of power. The author notes that when institutionalizing public administration in modern Russia, it is necessary to take into account the balance between strengthening the vertical of state power and the development of democratic principles in the system of local self-government.

ДЕЦЕНТРАЛІЗАЦІЯ ЯК ІСТОРИЧНЕ ЯВИЩЕ ТА ПРОЦЕС: КОНЦЕПТУАЛЬНІ ПРОБЛЕМИ ТЕОРІЇ ТА ПРАКТИКИ

The article is devoted to the study and analysis of the evolution of local government institutions. The article identifies the factors of decentralization and the conditions for the formation of municipalism in Ukraine. The author’s opinion is substantiated that the Ukrainian history of local self-government has passed the corresponding stages of self-organization, legitimization and formation, active progressive development, Soviet and modern periods. The author of the article argues that the traditions of local self-government in Ukraine are much older than the traditions of the state. The history of Ukraine shows that when Europe was still dormant on the ruins of the Roman Empire, civilized cities and towns with their statutes and coats of arms, magistrates were already flourishing in Ukraine. It has been studied that the decentralized system necessarily presupposes the existence and existence of a potentially full-fledged center, if it decides to transfer part of the management functions to local governments. The article pays special attention to “the Principles of Unitarianism, Subsidiarity and Decentralization as a Constitutional Basis of Regional Self-Government of the Republic of Poland”. In particular, the three main principles that determine the territorial organization of the Republic of Poland are considered - the principle of unitarism and decentralization on the basis of the standard definition of the principle of subsidiarity. The author draws attention to the fact that in the historical discourse decentralization is not a one-time or one-time political or administrative action of the state; and it is a long, time- and space-long process that consists of a set of stages that change each other. It is stated and analyzed that in each country these laws are formed and operate in their own way. The system of municipal power is constructed in its own way. Features of political, economic or social development of the country, its democratic traditions, form of government and state system determine the diversity of local self-government systems and organizational manifestations of municipal government. The author proved that for a holistic, comprehensive and objective knowledge of the municipal government it is necessary, along with political, geographical, economic, mental, other internal and external factors, to take into account the historical factor. The author’s position is presented that analyzing the evolution of public self-government and municipalism, it is completely impractical to emphasize the position of the state as an institution that grants or creates the rights of territorial communities to local self-government. It is concluded that this approach traces the evolution of models and forms of decentralization that have been implemented throughout history. This approach also examines the ups and downs of municipalism and democracy in individual countries, the development of relevant theories, the nature of the relationship of municipal government with other actors and institutions of political organization of society.

Introduction of Innovative Approaches in the Activities of Local Self-Government Bodies of Ukraine

The article is devoted to the problems of finding and introducing modern innovative approaches to the activities of local self-government bodies of Ukraine. It has been found that overcoming the problems of old and inefficient models and management methods that do not meet the requirements of modern communities is possible only through the development of high-quality and effective theoretical, methodical, organizational, and legal support for the process of local self-government. The definition of the concept of “local self-government” is summarized, using the regulatory margin and considering this concept in the context of modern realities, which now constantly face this institution of management. The author's interpretation of the category “local self-government” was developed for the needs of solving the problems and problems set out in the article. An organizational and legal mechanism for introducing innovative approaches to the activities of local self-government bodies has been developed as the main element of the definition of the category “local self-government.” Problems related to the effective functioning of institutions for the provision of “electronic” public services have been investigated. Innovative approaches to improving mechanisms for the provision of “electronic” public services by local authorities have been developed and justified. A general methodology for reengineering the administrative and management processes of local self-government bodies in the form of phases and stages of its implementation has been developed. It was concluded that the continuous development of the system of local self-government does not allow the development of sustainable types of innovative approaches to solve problem areas of local self-government “forever,” but requires the constant monitoring of foreign experience of advanced countries and the constant development of new and progressive innovative mechanisms that will continue to introduce decentralization reform and the creation of strong and effective local self-government bodies

Prerequisites for Process Management Implementation in the Public Administration of Ukraine

The main objective of the study is to analyse the prerequisites for the implementation of process management in public administration of Ukraine. In the process of identifying the presence of certain prerequisites in modern Ukrainian realities, methods of analysis of economic statistics and international indices that determine the level of technological and economic development of the country, as well as readiness to use information and communication technologies have been used. It has been determined that the evolution of management systems is derived from the development of managed objects. Therefore, the development of technologies as a way to transform matter, energy and information is the main determinant of the quality characteristics of management systems. It has been proved that given the global openness of the national economy and in a situation of insufficient technological level, there are opportunities for catch-up development in Ukraine, based on the introduction of digitalization technologies, which are used mainly in the sphere of services – financial, educational, public, etc. As a result, the introduction of information technologies will facilitate the transition to new rules for companies, organizations and government agencies. Taking this into account, there is an urgent opportunity in Ukraine to introduce process management tools and improve the efficiency of public administration and local self-government systems. However, changing the management system, in addition to process modelling and optimization, will require the transformation of cognitive models of civil servants as a sufficient condition for the effectiveness of the implemented system.

Rural entrepreneurship and job creation: the hybrid identity of village-cadre-entrepreneurs

Poverty alleviation has been one of the most important issues in human society, especially in rural areas. As a critical solution to settle rural poverty, entrepreneurship increases rural entrepreneurs' income and creates job opportunities in rural communities. However, why rural entrepreneurs have different employment choices remains underexplored. This research focuses on village cadres' entrepreneurship in China, exploring how the hybrid identity of village-cadre-entrepreneurs interacts and further influences their motivation to create more jobs. Furthermore, we theorize how contextual factors, such as village isolation, lineage group, and regional collective mobilization, shape the logic of the employment strategy resulting from this hybrid identity. Based on a nationwide representative sample comprising 4346 rural entrepreneurs and their enterprises, our findings indicate that village-cadre-entrepreneurs are motivated to provide more work opportunities within the system of village self-governance. With job creation, village-cadre-entrepreneurs preserve and strengthen the “patron” image of village-cadre identity and mitigate the “businessman” image of entrepreneur identity. Further to this, the positive effect of village-cadre-entrepreneurs offering more work opportunities via entrepreneurial activities is more prominent when villages i) are more isolated from the external environment, ii) have more lineage groups, or iii) are in areas with more collective mobilization. This study highlights the impact of rural governance logic in rural entrepreneurial activities and the significance of village-cadre-entrepreneurs' role in job creation and rural poverty alleviation.

Counter-majoritarian mechanisms in local self-government: a view from Russia

Through a documentary methodology, the article analyzes the main theoretical, practical, and problematic legal issues related to the functioning of the counter-majority mechanisms existing in the Russian local self-government system. The study proposes a set of legal measures aimed at improving the content of existing counter-majoritarian legal structures and seeks at the same time to introduce new ones to bring Russian municipal legislation into place to bring Russian municipal legislation into place. It is concluded that the thesis of the system of tyranny of the majority (majority democracy) at the local level cannot be recognized as a democratic and stable legal structure for the application of local self-government. Around the world, there is a fairly long process of replacing the concept of majority democracy with the concept of participatory democracy that involves the interaction of all population groups and the search for compromises between different social communities, through a balance of respect and recognition of memories of all kinds.

Теоретичні засади організації місцевого управління та місцевого самоврядування в зарубіжних країнах та Україні

In its modern form, local government and local self-government were formed as a result of constitutional and municipal reforms of the late eighteenth – early nineteenth century. Their formation and development have historically been associated with the process of transition from feudal organization to industrial society. The stronghold of the bourgeoisie were the cities that fought for independence in the management of local affairs. Medieval cities with their administrative, financial and judicial privileges, practically, carried in themselves “embryos of municipalism”. This was expressed, first of all, in the requirements of giving independence to communities and larger historically formed territorial communities. The free community was the leitmotif of the concept of municipal autonomy in Europe. According to many authors, from the middle of the XIX century local government of this kind began to be called local self-government. The public-state concept of self-government is optimal for Ukraine. First, it ensures the formation of a system of local self-government as an institution of civil society. Secondly, such a model contributes to the active involvement of local governments in the implementation of functions and tasks of public administration. The theory of social functions of municipal government has the greatest influence on the practice of local self-government at the present stage of state development. According to it, local governments are social services that are able to meet the interests of all segments of the population. As representatives of the socially useful, non-political activities of the state, local governments are in partnership with him on the basis of mutual benefit and receive financial assistance in response to increased costs. Local self-government naturally depends on the state, in fact acts as a guiding and controlling authority. Local self-government as a somewhat independent institution of civil society is a necessary element of the mechanism for smoothing political differences between the legislative and executive branches of government. Its further development is a prerequisite for the democratization of public administration and the functioning of the political system, which is the basis for the full development of the state. After all, developed local self-government testifies to democratic public administration and ensuring the constitutional principle of state control over citizens. Key words: local government; Anglo-Saxon model of local self-government; continental model of local self-government; local (communal system) self-government of Germany; the Iberian model of local self-government; Soviet model of local self-government; public-state concept.

Ensuring Sustainable Development of Local Self-Government: Foreign Experience for Ukraine

In order to build effective democratic governance under the Council of Europe Action Plan for Ukraine, local governments and elected representatives must have the knowledge and tools to manage modern and efficient resources, and local governments in general must increase their transparency, activities to strengthen citizens' trust in local political institutions. In its ambitious plans to implement effective governance, the Government of Ukraine is working to create a modern system of local self-government that promotes the dynamic development of regions and transfers as much power as possible to the level closest to citizens - communities. The article is devoted to the issue of ensuring the sustainable development of local self-government in Ukraine on the basis of the experience of building the system of local self-government in the European countries. Foreign experience with the existing system of local governments of Ukraine is compared. Local governments are classified into representative and executive. The practice of organizing their activities is studied. Both regional and local representative bodies and municipalities were studied. Different types of individual and collegial executive bodies of local self-government of foreign countries, methods of their formation, management models are given. The real state of the results of the reform of local self-government and decentralization, as well as the administrative-territorial system in Ukraine has been established. The main positive features of the system of local self-government bodies of foreign countries are identified and options for implementing sustainable development methods for self-government of Ukraine are proposed, including through effective state control, election of key local government officials, codification of local self-government legislation and balancing the status and powers of representatives and executive bodies of local self-government.

Право на самоуправление: международная фиксация дефиниции

The article summarizes and analyzes the basic standards of local self-government, reflected in international normative legal acts, including those developed within the framework of the CIS, which are framework in relation to Russian national standards. The theoretical problem of the definition of «the right to local self-government» is updated, the structure and features of related rights are analyzed. The main sources were international documents of the United Nations Organization, Union of independent states, as well as reports and strategic declarations of international public associations that carry out consultative and analytical work with local self-government systems around the world.
 The authors classify international sources of law that set the standards for local self-government, dividing them into three groups. It is concluded that, in general, when the aforementioned standards are reflected in the national normative material, they are most fully contained in the international framework normative acts of the Union of independent states. The authors note, along with the role of the UN Advisory Committee on Local Self-Government Issues, the special importance of international non-governmental associations in the formation of standards of local self-government (United Cities and Local Governments, UCLG). The sum of international standards in the area under consideration consists in declarative acts of strategic development of the local self-government system.

Measures to Revitalize Resident Participation in the Self-Governing Police SYSTEM

Measures to Revitalize Resident Participation in the Self-Governing Police SYSTEM

Stateless citizenship: ‘radical democracy as consciousness-raising’ in the Rojava revolution

ABSTRACT This article discusses radical democratic citizenship in the context of the ‘Rojava Revolution’, an ongoing society-building effort that emerged in majority Kurdish regions in the context of the Syrian war. It describes aspects of the political vision of Abdullah Öcalan, as interpreted and applied by activists involved in the democratic self-governance system in Rojava (northern Syria), since 2012. Drawing on ethnographic fieldwork in the region, the article focuses on the ways in which activists frame their revolution and notions of radical democratic citizenship as consciousness-raising efforts against the state system. Centering the role of educational institutions, it argues that theoretical discussions within the Kurdish freedom movement seek to emancipate political action from state-centric ways of articulating political will, justice demands, and wider geopolitical interests. Lastly, it encourages studying radical democracy efforts by taking seriously the political vocabularies, everyday practices, and long-term perspectives advanced in collective self-organisation from below.

RELEVANT ISSUES OF LEGAL REGULATION OF THE INSTITUTE OF HEADMAN IN UKRAINE: THEORY AND PRACTICE

The article highlights the conceptual vision of the role and place of the headman in the system of local self-government in Ukraine, provides a comprehensive description of its formal and material criteria. The idea of ​​allocating two stages of legislative regulation of this institute is substantiated. The first stage: February 2015 - July 2020. The second stage: July 2020 - to the present. It is emphasized that in the current municipal legislation of Ukraine there are low legal gaps that do not allow to establish a transparent procedure for selection of candidates for the post of mayor, as well as a clear procedure for approval of the mayor at the session of the council. Attention is drawn to the fact that during this period the procedure for appointment to the position of headman has changed significantly - from direct elections to local elections to approval at a session of the local council on the proposals of the relevant chairman. Some dynamics of legal regulation of social relations of the institute of headmеn is due to attempts to find the optimal format of such an institution in the system of checks and balances in the quadrangle: villagers, settlements - council - the corresponding chairman - the headman. It is noted that the headman should be a true representative of the interests of residents in relations with the relevant chairman and representative body of local government. At the same time, among the topical issues of the legal status of the head should be the definition of his place in the structure of executive bodies of local self-government (I believe that it is necessary to leave a guaranteed place in the executive committee of the local council). Attention is drawn to the need to establish a clear and transparent procedure for selecting candidates for the post of headman. Clear criteria must be developed and approved for the objective selection of candidates and their public discussion before approval. Proposals are made that qualitative and quantitative criteria for the formation of headmеn`s districts should be enshrined in the current legislation of Ukraine. It is noted that special attention should be paid to the professional and personal qualities of headman, the process of its training and retraining, advanced training of headman as an effective representative of the interests of residents. Addressing such issues will contribute to the formation of a balanced system of local self-government in the village, town and city.