Perspectives of Public Law on the Boundary Change of Local Government Jurisdiction

Several models of the definition of local government competences have been evolved in the modern public law systems. Traditionally the county governments have had an important role in the Hungarian public administration. Although this role was weakened after 1990 the new county governments have had important service provider functions to 2011 which system has been changed by the new Hungarian Municipal Code. The former public services performed by the county governments became the tasks of the central government and partly the functions of the county towns. Thus the counties lost the majority of their functions and they received just narrow competences in regional planning. These tasks were extended by the reforms of 2013 which can be the base of a new “developing county” approach.

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Sir Francis Forbes and the Earliest Australian Public Law Cases

Law and History Review ◽

10.2307/4141646 ◽

2004 ◽

Vol 22 (2) ◽

pp. 209-242

Author(s):

Ian Holloway

Keyword(s):

Local Government ◽

Social Contract ◽

European Society ◽

New South ◽

New South Wales ◽

Public Law ◽

Constitutional Government ◽

South Wales ◽

The Government ◽

Formal Establishment

There is, among many students of Australian law, a tendency to regard the establishment of constitutional government in Australia in positivistic terms: as a result of the passage of the New South Wales Act in 1823, or of the Australian Courts Act in 1828, or of the Australian Constitution Acts of 1842 and 1850, or even of the Commonwealth of Australia Constitution Act in 1900. This is understandable, for, as Sir Victor Windeyer once put it, there was in the foundation of European society on these islands no element whatever of a social contract. Rather, the move to populate the Australian territories was a consequence entirely of a prospectively looking determination made by the government in London. And, as Windeyer went on to note, the formal establishment of local government was effected by ceremonies that were by their very essence positivistic in nature. On 26 January 1788, there was first a formal ceremony in which the Union flag was raised and a salute fired. Then, on 7 February, the whole population of the colony was assembled and the royal letters patent were read, which formally instructed Captain Phillip to go about the duty of creating a penal establishment.

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Taxation of Digital Companies: Experience of Russia and Other Countries

Financial Law Review ◽

10.4467/22996834flr.21.017.14437 ◽

2021 ◽

pp. 1-18

Author(s):

Dmitriy Kopin ◽

Anna Kopina ◽

Ulrica Muffatto

Keyword(s):

Local Government ◽

Public Law ◽

The State ◽

Tax Revenues ◽

The World ◽

Additional Funding ◽

Economic Needs ◽

State And Local

It is generally recognized that local self-government is the most effective way to meet the basic socio-economic needs of the population. It is local self-government that takes on those public law functions that, by their very nature, cannot be realized by the forces of the state. The existing mechanisms of interaction between the state and local self-government are built on the basis of the principle of subsidiarity, aimed at supporting local budgets by the state, but they cannot always ensure sufficient and timely replenishment of local budgets. So, for example, we are left to conclude that local government is unable to influence such parameters as the collection and distribution of taxes. Although tax revenues are partially distributed in favor of local government, municipalities are often forced to look for sources of additional funding, which can be carried out at the expense of the population. The article aims to analyze the existing mechanisms for mobilizing funds from the population by municipalities in the world in general and in Russia in particular.

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Decentralization of Authorities and Local Government Reform in Ukraine: Their Impact on the Efficiency of Public Law, Power and Strengthening of Democracy

Intellectual Archive ◽

10.32370/ia_2019_02_13 ◽

2019 ◽

Vol 8 (2) ◽

Author(s):

Nataliya Kofanova ◽

◽

Andrii Kofanov ◽

Eugenia Svoboda ◽

Nataliia Pavlovska ◽

...

Keyword(s):

Local Government ◽

Public Law ◽

Government Reform

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Transfer of Property of the Deceased to the Ownership of Public Legal Entities

University Scientific Notes ◽

10.37491/unz.78.17 ◽

2020 ◽

pp. 184-198

Author(s):

Maryna BORYSLAVSKA

Keyword(s):

Local Government ◽

Public Law ◽

Civil Code ◽

The State ◽

International Treaties ◽

Deceased Person ◽

Maximum Period ◽

The Will ◽

Government Body ◽

The Moment

Public law entities such as the state and the territorial community have been found to have general grounds for acquiring ownership of property left after the death of an individual in the following cases: they are indicated in the will as an heir; the heir waives the share due to him/her in favor of the state or territorial community. In addition, each of these entities has grounds for acquiring (inheriting) the property of the deceased, relating exclusively to him-her. Thus, a territorial community becomes the successor of the property of the deceased person, in respect of whom there were no heirs after being recognized by court as fictitious in the manner prescribed by law. The property of the deceased may pass to the state in two other cases: the inheritance was opened before July 1, 2003, but was not accepted by any of the heirs (according to article 555 of the Civil Code of Ukraine of 1963); The state of Ukraine is the heir to international treaties. It is established that the latter ground is not mentioned in the Civil Code of Ukraine, which is assessed as a gap in legislation. A detailed analysis of all the mentioned grounds for the acquisition of property of the deceased is carried out. The conclusion is confirmed that the transition to a territorial community of fizzy inheritance is not inheritance. The possibility of submitting an application to the court for recognition of the inheritance as a fictitious body of the prosecutor’s office in the interests of the territorial community, which usually occurs with the inaction of the local government, is justified. The following features of the recognition of inheritance as a fictitious property are highlighted: 1) the rules of law that fix the transition of the hereditary mass to the favor of the territorial community are mandatory in nature, that is, the local government body in its interests is obliged to apply to the court; 2) only one participant in civil legal relations — the territorial community acquires property that has not been inherited; 3) there is no limitation (maximum period) on the moment for appeal to the court; 4) to recognize the inheritance as fictitious, a person needs an appropriate court decision that has entered into legal force. It is proposed to supplement the Civil Code of Ukraine with article 12771 on the transfer to the state of inheritance discovered abroad.

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Porozumienia samorządowe z udziałem jednostek samorządu terytorialnego na tle innych form działania w sferze administracji publicznej

Studia Iuridica Lublinensia ◽

10.17951/sil.2019.28.2.75-96 ◽

2019 ◽

Vol 28 (2) ◽

pp. 75

Author(s):

Kamil Sikora

Keyword(s):

Local Government ◽

Public Administration ◽

Public Law ◽

Government Structure ◽

The Public ◽

Legal Provisions ◽

Legislative Body ◽

Civil Contract ◽

Different Levels ◽

Executive Body

Among the administrative arrangements (porozumienia administracyjne), one should distinguish a category of local-government arrangements (porozumienia samorządowe), i.e. those involving local government units. In the first place, it should be distinguished vertical arrangements, i.e. arrangements between units of different levels of the local government structure: arrangements between poviats (counties) and communes, between voivodeships (regions) and communes, and between voivodeships and poviats. Secondly, horizontal arrangements i.e. between communes, between poviats and between regions. Local government arrangements are a non-sovereign form of activity of the public administration, entered into with mutual declarations of intent of the parties. The basis for their conclusion is a resolution of the legislative body of a local government unit to agree to cooperate under the local government arrangement, while the very act of the arrangement is concluded by the executive body of the local government unit. The purpose of the local government arrangement is to ensure the fulfilment of a public task, to agree on its implementation and the necessary actions. The entrusting of public tasks by means of a local government arrangement is effected under public law and not by a civil contract. The arrangement relates to the implementation of already existing tasks, defined by specific legal provisions, resulting from the legal-systemic position of the parties to the arrangement, so they do not create new obligations arising from the arrangement concluded.

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Public Finance Expenditure And Awarding Work To External Contractors - Case Of Slovenia

Journal of Applied Business Research (JABR) ◽

10.19030/jabr.v27i1.908 ◽

2011 ◽

Vol 27 (1) ◽

Cited By ~ 1

Author(s):

Stanka Setnikar-Cankar ◽

Janko Seljak ◽

Veronika Petkovšek

Keyword(s):

Public Finance ◽

Local Government ◽

Private Sector ◽

Public Procurement ◽

Public Law ◽

Legal Basis ◽

Public Funds ◽

The Public ◽

Procurement System ◽

Selection Of

The research project “Awarding Work to External Contractors” studied the practice of implementing public contracts in a significant selection of Slovenian local government bodies. Public procurement has become a permanent accompaniment to the business of central and local government and other public law persons with the private sector, and now goes beyond Slovenia’s borders. The public procurement system aims at dynamism, with the possibility of a rapid response to the needs of those using public funds. The principles of public procurement and its legal basis mean the system is rigid and complex, by its nature.

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Some Question Marks of Private Law on the State-Owned Companies in Hungary

International and Comparative Law Review ◽

10.2478/iclr-2018-0047 ◽

2018 ◽

Vol 18 (2) ◽

pp. 208-217

Author(s):

Tekla Papp

Keyword(s):

Local Government ◽

Public Law ◽

The State ◽

The Other ◽

Private Law ◽

Business Associations ◽

National Assembly ◽

Other Hand ◽

Private And Public ◽

The One

Abstract The state can be an actor in Hungarian private law in several ways: on the one hand, by its organs (e.g. the Office of the National Assembly, ministries), on the other hand, by the organs of public law the state creates (e.g. budgetary organs), thirdly, through business associations operating with the participation of the state, fourthly, exceptionally, the state itself can also act as a subject of private law. In this study we call the attention to that the terminology used in case of business associations operating with state/local government participation is not sustainable and we focus on some issues where the private and public law discrepancy can be found in Hungary.

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