THEORETICAL PRINCIPLES OF ORGANIZATION OF LOCAL GOVERNMENT AND LOCAL SELF-GOVERNANMENT IN FOREIGN COUNTRIES AND IN UKRAINE
Author (s): Oliinyk V.S., Rebkalo M.M.
Work place:
Oliinyk V.S.,
PhD in Law, Associate Professor of the Department of Theory and History of State and Law, Constitutional law,
Academy of the State Penitentiary Service, Chernihiv, Ukraine;
ORCID: 0000-0001-5546-9613;
Rebkalo M.M.,
PhD in Public Administration, Associate Professor, Associate Professor of the Department of Theory and History of State and Law, Constitutional law,
Academy of the State Penitentiary Service, Chernihiv, Ukraine;
ORCID: 0000-0002-7814-9476
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2021 No 2(13): 21–32
https://doi.org/10.32755/sjlaw.2021.02.021
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.
References
- Barabashev, G. V. (1996) Local self-government, Handbook, Moscow University Publishing House, Moscow, рр. 352.
- Baranchikov, V. A. (2005) Municipal law, Textbook ,“Exam”, Moscow, рр. 448.
- Grafskiy, V. G., Yefremova, N. N. and Karpets, V. I. (1995) Self-government institutions: historical and legal research, in Mamut L. S. (Ed.), “Science”, Moscow, рр. 301.
- Ukraine (1997), On Implementing Decisions, and Application of the European Charter of local self-government: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv, available at: http://zakon.rada.gov.ua (accessed 1 April 2021).
- Prudnikov, A. S. et. al. (2017), Local self-government (management) in foreign countries, Textbook, for higher education students majoring in low, UNITY-DANA: Law and right, Moscow, рр. 271.
- Shapoval, V. M. (2014), Constitutional law of foreign countries, Textbook, Yurincom Inter, Kyiv, рр. 464.
- Chirkin, V. Ye. (2000), Constitutional law of foreign countries, Textbook, 2nd ed., Lawyer, Moscow, рр. 600.
- Ukraine (2014), On Implementing Decisions, and Application of the Additional Protocol to the European Charter of Local Self-Government on the Right to Participate in the Affairs of a Local Authority: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv, available at: http://zakon3.rada.gov.ua/laws/show/994_946/ prіnt1360689270650552 (accessed 1 April 2021).
- Ukraine (1996), Constitution of Ukraine, available at: https://zakon.rada.gov.ua/laws/show/254k/96-en (accessed1April 2021).
- Kyrychenko, L. (2018), “Democracy and self-government in Ukraine”, Ukrainian Law, Vol. 6, available at: http://pravoznavec.com.Ua/period/chapter/2/21/695 (accessed 1 April 2021).