scholarly journals Current problems of constitutional regulation of the status of local communities in Ukraine in the context of international experience

2016 ◽  
Vol 4 (1-2) ◽  
pp. 5-16
Author(s):  
О. В. Батанов ◽  
В. В. Кравченко
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Legal Status ◽  
Resource Base ◽  
Current State ◽  
Foreign Countries ◽  
Municipal Management ◽  
The Status ◽  
Territorial Organization ◽  
Conceptual Problems

In the article, taking into account foreign experience of development of modern systems of municipal management and practice application of the provisions of new legislation on decentralization highlights the conceptual problems of reforming local government and territorial organization of power in modern Ukraine. Describes the char-acteristics of the legal status of the territorial community as the primary subject of the municipal authorities in Ukraine and foreign countries. Analyzed the current state of the legal status of the territorial community, the basic of the modern constitutional project initiatives in part on local self-government in Ukraine from the position of the principles of classical muncipalism. We separately consider the possible risks with the possibility of introduction in Ukraine of Institute of the prefects and new mechanism of control over activity of local governments, draws attention to the shortcomings of legal support of process of formation of territorial basis of local government - the creation of local com-munities who owned the resource base necessary to ensure compliance with the tasks and powers transferred to local government during the decentralization. Proposed separateproposals to prevent possible conflicts of laws and organizational conflicts that can arise in the application of the provisions of the law of Ukraine «On Association of territorial communities».

scholarly journals Status and powers of village, settlement, city mayors in the system of local self-government of Ukraine

2020 ◽  
pp. 144-150
Author(s):  
Yuriy Maksimenko
Keyword(s):  
Local Governments ◽  
Legal Status ◽  
City Council ◽  
Executive Power ◽  
Optimal Model ◽  
Checks And Balances ◽  
City Councils ◽  
The Status ◽  
Territorial Organization ◽  
The Village

Since the establishment of the institution of village, settlement and city mayors in the system of local self-government of Ukraine,the legal status of these persons has not changed significantly. This indicates that the constitutional model of local self-government,headed by a village, town, city mayor, mainly satisfied society’s demand for stable local self-government. Today, when gradually as aresult of the reform of decentralization and administrative-territorial organization Ukraine has become a country of united territorialcommunities with significant powers locally, the issue of improving local self-government, finding its optimal model and the balanceof powers between key components of its system is gaining momentum relevance.Since the adoption of the Constitution, the system of local self-government of Ukraine has included territorial communities,which carry out local self-government in the manner prescribed by law, both directly and through local governments: village, town, citycouncils and their executive bodies. In the Law of Ukraine “On Local Self-Government in Ukraine” this list was supplemented by themain official of the territorial community – village, settlement, city mayor, who in the system of local self-government was given a“third” place between village, settlement, city council and executive bodies of village, settlement, city council. However, whether suchan intermediate position is occupied by the village, settlement, city mayor in the system of local self-government of Ukraine? After all,village, settlement, and city councils, which include deputies of local councils, as representative bodies of local self-government, areendowed by law with significant exclusive powers. Also, the executive bodies of local self-government are endowed by law with theirown (self-governing) powers and the powers delegated by the state to the bodies of executive power. The village, settlement, city mayordoes not have all these powers. To find an answer to this question by studying the status and powers of the chief official of the territorialcommunity used a system of checks and balances, which is embodied in local government of Ukraine in the principle of distribution ofpowers between representative local governments (councils), village, town, city and executive bodies of local self-government (exe -cutive committees, departments, administrations and other executive bodies created by councils).

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

THE ROLE OF LOCAL GOVERNMENT IN STRENGTHENING DEMOCRACY

2016 ◽  
Vol 3 (1) ◽  
pp. 115-131
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
European Union ◽  
Local Government ◽  
United Nations ◽  
Public Interest ◽  
Legal Status ◽  
African Union ◽  
African Countries ◽  
The Status ◽  
Administrative Units

The place and role of local government within the structure of government in Africa has attracted much public interest. Prior to and after independence, African countries used local government as the administrative units of central governments without their having any legal status, to the extent that local authorities were under the strict control of central governments. The autonomy of local government is pivotal in the democratisation of a country. The United Nations, European Union and African Union have adopted treaties to promote the recognition and protection of local government in the state parties’ constitutions. Accordingly, this article explains the status of local government in Africa and its impact on strengthening democracy in African states.

scholarly journals SUBJECTS OF ADMINISTRATIVE AND LEGAL SUPPORT IDENTIFICATION OF CHILDREN SEPARATED WITH FAMILY IN UKRAINE

2020 ◽  
pp. 205-210
Author(s):  
А. М. Мамульчик
Keyword(s):  
Parental Care ◽  
Public Administration ◽  
Local Governments ◽  
Legal Status ◽  
Refugee Status ◽  
Public Authorities ◽  
Her Family ◽  
The Family ◽  
Additional Protection ◽  
The Status

The relevance of the article is that the granting of special status «child divorced from the family» in the Ukrainian legislation includes three aspects: 1) identification of a person who is a child separated from the family; 2) granting the status of «child deprived of parental care»; 3) it is possible to grant the status of “refugee” or “person in need of additional protection”, as any person recognized as a child divorced from a family is recognized as a child deprived of parental care and can apply for asylum in Ukraine (and receive refugee status or a person in need of additional protection). Each of the identified aspects of the above status is the responsibility of certain public authorities, ie public administration entities, which are endowed with the appropriate powers. The purpose of the article is to identify the subjects of administrative and legal support for the identification of children separated from their families, ie the subjects of public administration, which are empowered to identify such children in Ukraine. It was found that in fact, the identification of a child separated from the family at the present stage in Ukraine does not belong to the responsibilities of public administration, but is the responsibility of the child who was forced to leave the country of origin or residence and arrived in the territory of Ukraine unaccompanied by a family member or persons determined by law/custom who are responsible for such a person, or who were left unaccompanied after arriving on the territory of Ukraine, or its legal representatives. In our opinion, the absence in the legal acts that determine the legal status of public administration entities, whose activities include the identification of children separated from their families, their obligation to identify such children is a shortcoming of administrative and legal support for child status. , separated from her family, in Ukraine. It is determined that the subjects of public administration, which have the authority to identify children separated from their families, include the State Border Guard Service of Ukraine, executive authorities, local governments, the National Police of Ukraine, the Prosecutor’s Office of Ukraine.

Fiscal Federalism and Local Government Finance in Nigeria: An Examination of Revenue Rights and Fiscal Jurisdiction

2002 ◽  
Vol 68 (4) ◽  
pp. 557-577 ◽  
Author(s):  
S. T. Akindele ◽  
O. R. Olaopa ◽  
A. Sat. Obiyan
Keyword(s):  
Local Government ◽  
Tax Evasion ◽  
Local Governments ◽  
Fiscal Federalism ◽  
Fiscal Discipline ◽  
Severe Problem ◽  
Fiscal Autonomy ◽  
Local Government Finance ◽  
The People ◽  
The Status

The most severe problem facing public institutions in Nigeria is the fiscal one, particularly in local government. This problem has been provoked by a number of factors, including ‘over dependence’ on statutory allocations from both the state and federal governments, deliberate tax evasion by the local citizenry, creation of nonviable local government areas, differences in the status of local governments in terms of the rural–urban dimension, and inadequate revenue and restricted fiscal jurisdiction. This article examines these factors and their attendant problems, implications and effects within the context of the fiscal federalism established by the 1999 constitution of the Federal Republic of Nigeria. For financially healthy local governments to exist, responsibilities and functions must be allocated in accordance with their taxing power and ability to generate funds internally. The constitutional provision that recognizes local governments’ power in this regard must give them full freedom to operate and this must be well guaranteed and adequately protected. These measures, coupled with a review of the revenue-sharing formula, the granting of fiscal autonomy and fiscal discipline as well as making local government responsive, responsible and accountable to the people will set local governments free from the fiscal stress promoted and strengthened by the 1999 constitution.

Political Hostility and Local Government Crisis in Bangladesh: Ruling Party’s Supremacy and Opposition Party’s Costs of Being Outside of the State Power

2017 ◽  
Vol 24 (2) ◽  
pp. 117-134
Author(s):  
Khandakar Farid Uddin
Keyword(s):  
Local Government ◽  
Political Parties ◽  
Political Violence ◽  
Local Governments ◽  
Qualitative Method ◽  
Local Governance ◽  
Legal Process ◽  
The Status ◽  
History Of ◽  
Ruling Party

Bangladesh has a history of political unrest and supremacy of the ruling party. Recently, representatives of the local government were suspended for being accused in cases of political violence. The ruling party is defining the suspensions as a legal process; on the contrary, the opposition political parties are claiming it as political hostility and a way of controlling local governments. There are shortages of research on contemporary political challenges and its consequences. Thus, this study considered local government representative suspensions as a case to exemplify the political hostility and local government crisis in Bangladesh. This study also demonstrated some theoretical points to frame the conceptual thoughts, likewise explained the status and some historical illustration of governmental intrusion over local government. Besides, this study applied the qualitative method to discover the research queries. Consequently, the analysis outlined substantial political supremacy and hostility in Bangladesh and its adverse impact on local governance.

Managing Indefinite Boundaries: The Strategy and Structure of a Chinese Business Firm

2005 ◽  
Vol 1 (01) ◽  
pp. 57-86 ◽  
Author(s):  
Marshall W. Meyer ◽  
Xiaohui Lu
Keyword(s):  
Local Government ◽  
Legal Status ◽  
Government Ownership ◽  
Chinese Firms ◽  
Loosely Coupled ◽  
Chinese Business ◽  
The Status ◽  
Tightly Coupled ◽  
Market Opportunities ◽  
Chinese Group

This paper examines the status of boundaries in organizational theory. Tacitly if not explicitly, most researchers view organizations as bounded, tightly coupled and more or less rational systems. Yet organizations may also be open, loosely coupled, hierarchically nested systems whose boundaries are indefinite. In the case of China, incomplete separation of firms from the state, incomplete integration of firms and partial listing of assets have left most Chinese firms with indefinite boundaries. While many Chinese firms are disadvantaged by indefinite boundaries, some have managed their boundaries advantageously. The Chinese group corporation described here has resisted interference from its state owners, one of whom tried but failed to turn it into a captive supplier. It has secured full operational and financial control of subsidiaries despite their independent legal status, fractional local government ownership, and local government representation on their boards. And it has successfully funded and executed an aggressive acquisition strategy and now dominates its industry globally. There are lessons specific to the Chinese context. The most important is that boundaries should be assumed indefinite unless shown otherwise. And there are lessons about firms in emerging economies. Indefinite boundaries are characteristic of such firms; indefinite boundaries pose either threats or opportunities depending on the strategic response; lastly managing indefinite boundaries will be a key strategic priority and a precondition of finding and exploiting market opportunities.

scholarly journals Measuring internal auditor’s intention to blow the whistle (a Quasi-experiment of internal auditors in the local government)

2019 ◽  
Vol 20 ◽  
pp. 224-233
Author(s):  
Abdul Hamid Habbe ◽  
Syarifuddin Rasyid ◽  
Hermita Arif ◽  
Iskandar Muda
Keyword(s):  
Local Government ◽  
Moral Development ◽  
Local Governments ◽  
Cognitive Moral Development ◽  
Internal Auditors ◽  
South Sulawesi ◽  
Subject Design ◽  
The Status ◽  
Full Factorial ◽  
Quasi Experiment

This study measures the cognitive moral development and tests its interaction with antecedent variables of prosocial behaviour such as fraud level, the status of person committing fraud and cohesiveness in affecting the willingness of internal auditors of local government (APIPs) to be a whistleblower. Quasi-experiment between subject design using pattern of 3×2×2×2 and 2×2 full factorial was employed in this research. The participants involved were internal auditors of 24 local governments in South Sulawesi which were divided into 18 groups. The data were analysed using ANOVA and t-test. The results of this study showed that based on the Cognitive Moral Development (CMD), majority of the internal auditors were categorised as pragmatic, the least number were autonomous, while accommodation was in between of both. Moreover, the intention of APIP to whistleblow was found high though insignificantly different among the three categories of CMD. Similarly, the different was insignificant among the variance of fraud level, the status of person committing fraud, and cohesiveness. The interaction between CMD and treatment variables resulted insignificant figure, except for the interaction between CMD and the fraud level which indicated significant result. Generally, it can be concluded that APIPs have a high intention to blow, but the intention will differ when their CMD interact with the fraud level and cohesiveness.

scholarly journals PERSONALITY AS THE MAIN BENEFICIARY OF LOCAL GOVERNMENT

2021 ◽  
Vol 2 (5) ◽  
pp. 7-16
Author(s):  
O. O. Boyarsky
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Municipal Government ◽  
Local Population ◽  
Vulnerable Groups ◽  
Narrow Sense ◽  
Local Authorities ◽  
New Approach ◽  
The Status ◽  
Stateless Person

The article examines the features of the status of a person as the main beneficiary of local self-government. It was revealed that based on the essence of the term "beneficiary", it refers to those persons who receive certain benefits, income or dividends not due to the active exercise of their rights, but to some extent "passively" due to their status or activities of others. It is has established that the very understanding of a person as a beneficiary of local self-government demonstrates a new emphasis in understanding how the municipal government should act and in whose interests. The center of such activity should be a person as a member of the territorial community, and his interests should be satisfied through the adequate activities of local governments determined by such interests. Person as the main beneficiary of local self-government appears: a citizen of Ukraine, a foreign citizen or a stateless person (stateless person) or a refugee; member of the territorial community; a resident of a village, settlement, city or association of villages, settlements, cities it is determined. A new approach to understanding the status of a person – a beneficiary of local self- government in a broad and narrow sense (in a broad sense – in the exercise of local self- government of all its powers, in the narrow – the exercise of local authorities in relation to vulnerable groups). It is determined that the legislation of Ukraine through the prism of the powers of local governments provides clear recipients (beneficiaries), which are mainly those categories of the local population who need various financial, material or other support and assistance – including socially vulnerable or vulnerable members of the territorial community. Thus, a person is a member of a territorial community, and his interests must be satisfied through the adequate activities of local self-government bodies determined by such interests.

scholarly journals The place and role of official observers from foreign states and international organizations in elections: the experience of Ukraine and foreign countries

2021 ◽  
pp. 70-82
Author(s):  
O.V. Martselyak ◽  
M.O. Martselyak
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
Foreign Countries ◽  
Election Process ◽  
Election Monitoring ◽  
The Status ◽  
State And Local

The article states that formation of representative state and local self-governmental authorities is an important stage of state formation. And the legitimacy of both their conduct and the representative public authorities in Ukraine depends on the extent to which it will be carried out within the framework of the election legislation and the extent to which the domestic legislator will provide anti-fraud factors and safeguards against mass violations of various elections.             National and foreign practice proves that the institution of election monitoring that is represented by various observers who contribute to the conduct of election campaigns on a democratic basis in accordance with the electoral standards developed by the international community, is rather effective in this respect.             In Ukraine, the status of official observers is granted to: 1) official observers from candidates, parties (organizations of parties) - subjects of the election process, 2) official observers from public organizations which are duly authorized to have official observers in the relevant elections, 3) official observers from foreign states and international organizations who can observe the election process.             The Electoral Code of Ukraine defines the status of official observers differently, in particular, official observers from foreign states and international organizations are not recognized as subjects of the election process. However, this does not diminish their role in monitoring the electoral process in Ukraine by the legality of the actions of its subjects. The introduction of the institution of official observers from foreign states and international organizations is seen as expression of trust between states and as evidence of the intention of these countries and international organizations to contribute to the democratization of the electoral process in the world.              The paper reveals the legal nature of official observers from foreign states and international organizations, highlights the standards of legal status of official observers from foreign states and international organizations developed by international organizations, considers national and foreign experience of legal regulation of their status and substantiates provisions on necessity for improvement of national electoral legislation on this basis.

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