scholarly journals Anti-Corruption Law in Local Government: Legal Issues Related to Ordinance-Design and Municipal-Level Anti-Corruption Agencies in Macedonia

Author(s):  
Bryane Michael ◽  
Stephen Mendes
2020 ◽  
Vol 29 (5) ◽  
pp. 74-88
Author(s):  
Aleksandr Larichev ◽  
Emil Markwart

Local government as a political, legal and social institution finds itself in a very difficult period of development in Russia. The long-established tendency of its subordination to the state has intensified today in connection with the newly adopted constitutional amendments. At the same time, it seems obvious that further “embedding” of local government into the state management vertical, in the absence of any positive effect in terms of solving socio-economic and infrastructural problems, will inevitably lead to other hard to reverse, negative results both for local government institutions and the system of public authority as a whole. The normal functioning of local government requires, however, not only the presence of its sufficient institutional and functional autonomy from the state, but also an adequate territorial and social base for its implementation. To ensure the formation of viable territorial collectives, especially in urban areas, it seems appropriate to promote the development of self-government based on local groups at the intra-municipal level. Such local groups can independently manage issues of local importance on a small scale (landscaping, social volunteering, and neighborly mutual assistance), and provide, within the boundaries of a local territory, due civil control over the maintenance by municipal authorities of more complex and large-scale local issues (repair and development of infrastructure, removal of solid household waste and more). At the same time, the development of local communities can by no means be a self-sufficient and substitutional mechanism, whose introduction would end the need for democracy in the full scope of municipal structures overall. In this regard, the experience of local communities’ development in Germany, a state with legal traditions similar to Russian ones, with a centuries-old history of the development of territorial communities and a difficult path to building democracy and forming civil society, seems to be very interesting. Here, the progressive development of local forms of democracy and the participation of residents in local issue management are combined with stable mechanisms of municipal government, and the interaction of municipalities with the state does not torpedo the existing citizen forms of self-government. At the same time, the experience of Germany shows that the decentralization of public issue management which involves the local population can only be effective in a situation where, in addition to maintaining a full-fledged self-government mechanism at the general municipal level, relevant local communities are endowed with real competence and resources to influence local issue decision-making. The role of formalized local communities in urban areas, as the German experience shows, can not only facilitate the decentralization of solving public problems, but can also help in timely elimination of triggers for mobilizing citywide supercollectives with negative agendas. This experience seems useful and applicable in the Russian context.


Globus ◽  
2021 ◽  
Vol 7 (4(61)) ◽  
pp. 50-52
Author(s):  
Yunona Alekseevna Koshmelyuk ◽  
Vladislav Evgenievich Savelo

The authors propose to consider some problems in the management of land and property relations by local governments with the proposal of their views on both civil legal conditions and criminal legal issues of qualifying crimes when granting ownership of land plots by local governments.


2015 ◽  
Vol 10 (6) ◽  
pp. 23-26
Author(s):  
Мельникова ◽  
Raisa Melnikova

The article discusses issues related to referring of local government to the institutions of civil society and its role and place in modern political system of Russia in the context of the study of the principle of democracy at the municipal level. The author proves that in the context of political modernization, the local government and its reform should be viewed not only as economic and technological transformations in the local municipal areas of the state, but as an actor of political reforms, set up in modern political processes.


Author(s):  
Adam Gendźwiłł ◽  
Paweł Swianiewicz

Directly elected mayors were introduced in Poland in 2002 in all local governments at the municipal level. This chapter discusses the rationale behind the reform, the arguments of the proponents of the change, the politics of implementing the reform, as well as actual outcomes. It argues that – opposite to some expectations – the reform has not resulted in increasing citizen interest in local elections. But it has strengthened the position of the mayors in municipal relations, brining Poland very close to the classic strong mayor model, stabilized position of mayors, and stopped the process of the conquest of local governments by national political parties. The increasing frequency of multi-term, long lasting mayors leads to discussion of possible further reforms, reducing the advantage of incumbents. But the system of direct election itself seems to be a very stable element of the local government architecture in Poland – it is not questioned by the current debates by any of important political parties or even by the councillors, whose role was reduced by the 2002 reform.


2018 ◽  
Vol 2 (1) ◽  
pp. 45-49
Author(s):  
Putra Astomo

The Law Number 6 of 2014 years and PP Number 43 of 2014 years are law product which to rule supervision of local government to village regulation in regional autonomy are reviewed. PP Number 43 of 2014 years reads that the technical guidelines on the rules in the village are set by regulation, so which mandates the need for regulation as a regulatory technical guidelines in the village, it also formed Minister Regulation Number 111 of 2014 years about Technical Guidelines Rules In the Village. The method that is used the approach of law (statute approach). This method is done by examining all the legislation and regulations relevant to the legal issues being addressed. The result of this research are supervision is done in two forms, including evaluation and clarification. It was concluded supervision of local government to village regulation in regional autonomy are reviewed as stipulated in Minister Regulation Number 111 of 2014 years are done in two forms, including evaluation and clarification.


2021 ◽  
pp. 109-125
Author(s):  
Tomasz Bąkowski

The thirtieth anniversary of the return of local government at the municipal level to the Polish legal and constitutional order prompts various reflections and summaries. There is also time to ask questions about basic issues. Such is the question about the existence of permanent and durable elements in the institution of local self-government, not susceptible to changes in the economic, technological or cultural environment. They include, first of all: 1) the legal nature of the municipal self-government (in terms of public and private law); 2) general goals justifying its existence; or 3) the ways and methods of their implementation. Considering the utilitarian and praxeological context of the existence of local self-government, it is worth paying attention, above all, to those permanent elements that determine the task-related effectiveness of the municipality. They are in particular: 1) collective needs of the community; 2) cooperation of the municipality with other entities and 3) measures conditioning the implementation of tasks entrusted to the municipality. The above enumeration does not reflect the full list of determinants of the effectiveness of local government institutions, but nevertheless it seems reasonable to present a few comments and observations on the indicated elements, which could also be treated as a source of verifying the correctness of the choice made.


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