scholarly journals STATUS OF THE STATE THEORY OF LOCAL SELF-GOVERNMENT IN THE WORLD DOCTRINE OF MUNICIPAL LAW

2020 ◽  
Vol 33 (20) ◽  
pp. 35-41
Author(s):  
V.V. Sukhonos
Keyword(s):  
State Government ◽  
Local Governments ◽  
Public Law ◽  
State Theory ◽  
The State ◽  
State Function ◽  
Public Authorities ◽  
Local Union ◽  
Rural And Urban ◽  
The Will

Representatives of the “free community” theory were among the first to draw attention to the issues of local self-government. In the early nineteenth century. Treasury, ie government officials, was responsible for the affairs and property of the communities. As a result, the community economy has been virtually destroyed to nothing. Therefore, there is a need for scientific substantiation of the need to limit the intervention of central executive bodies in the public system of the economy. This task was intended to be solved by the theory of “free community”, which argued that the right of the community to settle its affairs has the same inalienable character as human rights and freedoms since the community has historically emerged before a state that should respect the freedom of public administration. At the same time, the idea of the inalienability of community rights was sufficiently vulnerable, because, on the one hand, to justify the inalienability of the rights of large territorial self-governing units (departments, provinces, lands, or regions) created by the state was rather difficult and, on the other, to deny them. other types of self-government, except for small rural and urban communities, was rather strange because it did not correspond to the real state of affairs. That is why the social theory of self-government is beginning to emerge, which, as characteristic features of local self-government, has advanced the non-state and usually economic nature of the activity of local self-government bodies. However, the practice has proved that self-government bodies exercise not only private-legal but also public functions, that is, those that are inherent to public authorities, which derive their powers from the state. In addition, the impossibility of clearly separating community affairs from state affairs entrusted to the community was clarified. That is why the state theory of self-government arises. The basic principle of all legal theories was the recognition of the community, county, city, province, in general, any self-governing local union, as a body of public law. At the same time, all representatives of legal theories recognized that the competence of local self-government bodies is not their independent function, it is a state function, that is, transferred by the state to be performed by independent local communities. Therefore, all cases that are administered by local governments are state affairs. The state government itself sets the limits of its competence, entrusting part of its affairs to local self-governing communities and recognizing them as independent public-law corporations. Local self-government bodies, although performing public duties, are not bodies of the state but of independent self-governing unions of communities, possessing the will and independence of the state and independent entities of public law, independent of the will of the state power, because the power itself wants to make them legally independent. Keywords: local self-government; state theory of local self-government; the theory of «free community»; public theory of self-government.

Institutional pressures influencing environmental management accounting adoption by Malaysian local governments

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Che Ku Hisam Che Ku Kassim ◽  
Noor Liza Adnan ◽  
Roziani Ali
Keyword(s):  
Environmental Management ◽  
State Government ◽  
Local Governments ◽  
Management Accounting ◽  
The State ◽  
Institutional Pressures ◽  
Content Type ◽  
The Public ◽  
Reporting Practices ◽  
Environmental Management Accounting

Purpose Because of the heightened environmental awareness of the public, local governments (LGs) are being pressured to improve on the extent and quality of environmental disclosures (EDs) provided in an array of reporting media. The lack of an accounting tool to identify, measure and report EDs has propelled the infusion of environmental management accounting (EMA) to support the reporting practices. This paper aims to examine the institutional pressures influencing EMA adoption by Malaysian LGs. Design/methodology/approach Using the consensus approach, a self-administered questionnaire survey is conducted on accountants in LGs in Peninsular Malaysia. The items in the questionnaire are based on the findings of prior studies on EMA adoption. Findings The results suggest that coercive isomorphism from the state government is perceived to be the influential institutional factor placing intense pressures on LGs to adopt EMA. Research limitations/implications The results solidify the potential role of the state government in any public policy changes which could further stimulate and promote the adoption of EMA. Originality/value Insufficient empirical evidence on the adoption of EMA in LGs within a developing country’s perspective contributes to a limited understanding on the development of environmental-related practices in different economic stages and environment as well as within the public sector’s perspective.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

MODELING OF MULTI-AGENT INTERACTION IN CONSUMPTION SECURING IN CONDITIONS OF INSTITUTIONAL INSTABILITY

2021 ◽  
Vol 2021 (8) ◽  
pp. 3-14
Author(s):  
Anatoliy MOKIY ◽  
◽  
Kateryna ANTONIUK ◽  
Dmytro ANTONIUK ◽  
◽  
...  
Keyword(s):  
Local Governments ◽  
Supply And Demand ◽  
Sustainable Consumption ◽  
The State ◽  
Market Mechanism ◽  
Public Authorities ◽  
Society Business ◽  
Human Needs ◽  
Institutional Instability ◽  
Multi Agent

Theoretical and methodological aspects of research of consumption safety as the ability of the state, society and business to create the preconditions for conscious satisfaction of human needs for self-reproduction to protect the health of the nation and the environment as imperatives for future development are developed. It is proposed to consider the process of consumption securing from the standpoint of harmonizing the interests of society, business and government in forming the basis for sustainable consumption and production in a strategic perspective. The chaos of self-organization processes in the consumer market, as well as the need to combine institutional and market mechanisms in solving the problem of consumption security strengthening in the process of European integration of Ukraine are shown. Systemic means of consumption securing on the basis of harmonization of society, business and the state economic interests with use of the multi-agent approach are developed. Accordingly, a multi-agent model is proposed to identify participants (agents) in the consumption securing process, to formalize the elements, institutional norms, parameters and limitations of their interaction. By building an intelligent map of consumption security, the institutional preconditions, participants of the process of consumption securing, the system of their interests, time parameters of interaction, basic processes, threats and related areas of consumption safety are established. The necessity of using the market mechanism of harmonization of interests of consumption safety subjects (person, society, public authorities and local governments, enterprises-manufacturers, public associations, international organizations, research establishments, etc.) by coordination of the price within the ratio of supply and demand for safe goods (services) with maximizing the convergence of interests as a condition for achieving an equilibrium state of the system is proved.

The Awakening Giant

2018 ◽  
pp. 171-200
Author(s):  
Patricia de Santana Pinho
Keyword(s):  
African American ◽  
State Government ◽  
Local Governments ◽  
The State ◽  
The Awakening ◽  
African Heritage ◽  
The Government ◽  
Tourist Demand ◽  
Roots Tourism

The role of local governments in attracting roots tourists is one of most important factors analyzed in the studies of diaspora tourism. Governments of several countries have actively sought to promote varied forms of roots tourism in order to attract members of their respective diasporas. In contrast, African American roots tourism in Brazil is marked by the almost complete inaction of the government, at both the state and federal levels. This type of tourism was initiated and continues to develop largely as the result of tourist demand, and with very little participation on the part of the state. This chapter analyzes the belated response of the state government of Bahia to African American tourism, examining how the inertia that dominated since the late 1970s was later replaced by a more proactive, although still inadequate, position, when the state tourism board, Bahiatursa, founded the Coordination of African Heritage Tourism to cater specifically to the African American roots tourism niche. The chapter also analyzes whether the left-leaning Workers’ Party, then in charge of the state government, challenged the longstanding discourse of baianidade (Bahianness) that has predominantly represented blackness (in tourism and other realms) through domesticated and stereotypical images.

scholarly journals EFFECTS OF FARM LAND DISPUTES ON FOOD SECURITY IN NASARAWA STATE, NIGERIA

2020 ◽  
Vol 1 (1) ◽  
pp. 37-48
Keyword(s):  
Food Security ◽  
Local Government ◽  
State Government ◽  
Local Governments ◽  
Sampling Method ◽  
Least Squares Method ◽  
Ordinary Least Squares ◽  
The State ◽  
Farm Land ◽  
Land Disputes

Abstract This study examines the effects of farm land disputes on food security in Nasarawa State. Survey design is used given the population of the study that is relatively large. The population of the study comprises of all the adults within eighteen (18) years and above, male and female in Nasarawa State. A stratified sampling method is used to select one local government area from each of the three senatorial zones that made up the state. Furthermore, a judgmental sampling technique is used to select local government from each of these zones with the highest agricultural produce. Then, a convenient sampling method is used to select fifty (50) respondents from each of the three local government selected from each of the three senatorial zones in the state. Thus, these local governments are selected from each of these zones. Nasarawa South (Awe), Nasarawa North (Nasarawa Eggon), and Nasarawa West (Toto). This makes a total of one hundred and fifty (150) respondents selected for the study. Ordinary Least Squares Method of Regression (OLS) is used and finds out that, widow and late husband’s family dispute and land grabbing dispute are significantly negatively related to food security in Nasarawa State. However, insignificant negative effect of junior and senior family members’ dispute on food security is found. It is recommended among others that, Nasarawa State Government should pay attention in resolving farm land disputes in the state by partnering with traditional rulers. Keywords: Farm Land Disputes, Food Security, Nasarawa State, Nigeria

scholarly journals Legal mechanisms for the implementation of corporate rights by public law entities

2020 ◽  
pp. 309-313
Author(s):  
Konstantin Leonov
Keyword(s):  
Local Governments ◽  
Supervisory Board ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Corporate Rights ◽  
A Value ◽  
Communal Property ◽  
The Right ◽  
Authorized Capital

The state is the largest owner of corporate rights. Entities operating on the basis of state ownership only, as well as entities whosestate share in the authorized capital exceeds fifty percent or is a value that provides the state with the right to decisive influence on economicactivity are recognized as economic entities of the public sector of the economythese subjects. Instead, the subjects of economicsector of the economy are entities that operate on the basis of communal property only, as well as entities in the authorized capital ofwhich the share of communal property exceeds fifty percent or is a value that provides local governments with the right to decide impacton the economic activities of these entities.There are two main features of corporate rights of the state in the subjects of public law: 1) management of such corporate rightsis carried out in the manner prescribed by a separate law; 2) the purpose of managing the corporate rights of the state is to meet stateand public needs.In 2016, Ukraine underwent a reform that resulted in a significant strengthening of the legal regulation of the activities of supervisoryboards in companies in the authorized capital of which more than 50 percent of shares (stakes) belong to the state. In particular,an important novelty was that the majority of members of the supervisory board in such companies must be independent members ofthe supervisory board. Thus, in relation to the corporate rights of the state, the legislator has established a number of special restrictions.In particular, the corporate rights of the state are prohibited to transfer to companies for the formation of their authorized capital, exceptfor the transfer to the authorized capital of state joint stock companies and state holding companies. This restriction is aimed at preventingcovert privatization or withdrawal of corporate rights from state ownership.Significant strengthening of legal regulation of supervisory boards in companies in the authorized capital of which more than50 percent of shares (stakes) belong to the state, resulted in the introduction of the provision that the majority of members of the supervisoryboard in such companies must be independent members of the supervisory board. An independent member of the SupervisoryBoard has equal rights and responsibilities with other members and independently decides on voting on all issues on the agenda of theSupervisory Board meeting.

scholarly journals THE INSTITUTE OF COUNSELOR IN THE DOMESTIC SYSTEM OF PUBLIC SERVICE: THE STATE AND PROBLEMS OF LEGAL FIXING

2021 ◽  
pp. 106-112
Author(s):  
O. Pronevych
Keyword(s):  
Public Service ◽  
Best Management Practices ◽  
Local Governments ◽  
Management Practices ◽  
Legal Framework ◽  
The State ◽  
Public Authorities ◽  
Legal Personality ◽  
Social Mission ◽  
The Right

The article is devoted to understanding the specifics of the social mission and the state of legal consolidation of the administrative legal personality of councilors in public authorities and local governments. It is emphasized that the problem of selection of candidates for the positions of advisers to the heads of public authorities is the subject of lively discussion, as a rather controversial collective image of the adviser has formed in the public consciousness. This is due to his belonging to officials who hold a particularly responsible position and perform official duties in the presence of a high level of corruption risks. It is established that the commitment of candidates for advisers is carried out in the context of providing scientific support for the formation and implementation of public policy, implementation of best management practices, finding optimal management and legal algorithms for resolving conflicts, improving the quality of management decisions. The urgent need to improve the domestic service legislation by adopting a special law on patronage service in order to unify the legal framework for the organization and operation of patronage services. First of all, it is necessary to normatively enshrine the right of specific public authorities to establish a patronage service, to provide an exhaustive list of patronage service positions for each of these bodies, to provide the right of equal access to patronage service, to introduce a single mechanism for selection and appointment of patronage service employees. professional achievements and personal business qualities, to differentiate their powers depending on the specifics of public authority of individual officials, which create patronage services. There is also a need to specify the functions, main tasks and powers of advisers to heads of public authorities, articulation of basic qualification requirements for candidates for advisers, clear definition of legal bases of interaction of advisers with career civil servants and communication with civil society institutions, articulation of moral and ethical imperatives. official activity of advisers. Keywords: public service, patronage service, adviser in state authorities and local self-government bodies, staff adviser, advisor on a voluntary basis.

On Some Aspects of the New Rules on Land Plots Allotment

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Станислав Липски ◽  
Stanislav Lipski
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Agricultural Land ◽  
The State ◽  
Competitive Bidding ◽  
Rural Settlements ◽  
Public Authorities ◽  
The Russian Federation ◽  
Land Code ◽  
Legal Entities

The article reviews new rules on allotment of land plots to citizens and legal persons. The State Duma included these rules into the Land Code of the Russian Federation in summer 2014. Now they have come into force. The article focuses on the following issues. 1. How do these rules affect the land legislation in general? 2. What are the changes in the powers of public authorities of subjects of the Russian Federation and bodies of local self-government in regulating the order of land plots’ allotment and in implementation of such allotment? 3. How justified is the fact that now auctions are the only possible form of a land tender? The author believes that it is necessary to preserve competitive bidding for cases when same agricultural land plots are allotted to citizens and legal entities. Also there remains a problem associated with the transfer of power on allotment of lands from local governments of municipal areas to the level of rural settlements.

scholarly journals The Principle Of Legality, Principle Of Public Law

2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
The Social ◽  
Social Balance ◽  
The Moment ◽  
Principle Of Legality

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

scholarly journals GUARANTEES OF ACCESS TO ADMINISTRATIVE JUDICIARY

2020 ◽  
Keyword(s):  
Civil Rights ◽  
Local Governments ◽  
Administrative Law ◽  
Public Law ◽  
Access To Justice ◽  
Public Authorities ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

Introduction. Administrative proceedings for Ukrainian administrative law, as well as for the administrative law of most post-Soviet states, are a relatively new legal phenomenon. This presupposes the existence of many problems of its formation, which are connected, in particular, with the socio-political transformations that are still going on. These are, first of all, such problems as the formation and legislative consolidation of the legal basis for guaranteeing access and protection in the administrative court. Unhindered access to court and access to justice are necessary conditions for the exercise of the constitutional right to judicial protection. The main results of the study. Access to justice is one of the prerequisites for the establishment of this branch of government as a full-fledged and self-sufficient mechanism for the protection of human rights and freedoms. The Constitution of Ukraine laid the foundations for the formation of access to justice, stipulating that recourse to the court for the protection of human and civil rights and freedoms is guaranteed directly on the basis of the Basic Law. The influence of international normative legal acts on the development of national legislation regulating a person's right to apply to an administrative court for protection was considered. The Constitution of Ukraine guarantees the right of a person to judicial protection and appeal against decisions, actions or omissions of public authorities, local governments, officials and officials. Administrative justice is called upon to implement this provision. Conclusions. The article determined that the right to appeal against decisions, actions or omissions of public authorities, local governments, officials and officials, a component of which is the right to go to court (right to access to court proceedings), is not abstract, but has a connection. connection with the right of a particular person in whose interests the trial is taking place, and with his conviction that the state, represented by public authorities and local governments, officials and officials have unlawfully interfered with his rights or freedoms. The obligatory feature of a public law dispute was that a person believes that there is a violation of his rights and freedoms as a result of the performance or non-performance of government functions. In order to go to court, a person who is a plaintiff must have a substantive legal interest in resolving a public law dispute. The article highlighted and analyzed some problems of ensuring access to justice by administrative courts in resolving public law disputes. His own vision for solving and eliminating the problems of access to justice in administrative proceedings is offered.

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