Municipality – a local government body or territorial entity: history, theory, application and regulation practice

Author(s):  
A.T. Karasev ◽  
◽  
S.V. Makarkin ◽  
I.I. Teplyakov ◽  
◽  
...  
2020 ◽  
Vol 18 (2) ◽  
pp. 433-448
Author(s):  
Marek Kulik

The study addresses the status of a local government body member and a local government employee as a person holding a public function in the meaning of Polish criminal law. In the Polish legal system, a person who holds a public function may be held criminally liable for passive bribery (bribe accepting) defined in Article 229 of the Polish Penal Code.  Pursuant to Article 115 § 19 PC, a public officer and persons belonging to several other categories are persons holding a public function, while  Article 115 § 13 PC defines the public officer by detailed enumeration of specific persons. The study provides an analysis of these concepts in view of the provisions governing the status of local government officers and persons employed with local government organisational units.


Author(s):  
А.Г. Атаева ◽  
А.В. Дунаева

В статье анализируется опыт регионов Российской Федерации по оценке информационной открытости органов государственной власти и органов местного самоуправления. Предлагается комплексный показатель информационной открытости органа местного самоуправления, который включает в себя сводные показатели работы органа власти с населением, качества и посещаемости официального сайта, активности работы органа власти в социальных сетях, качества организации работы со средствами массовой информации, удовлетворенности населения информационной открытостью. The article analyzes the experience of Russian regions in assessing the informational openness of state authorities and local governments. A comprehensive indicator of the information openness of the local government is proposed, which includes summary indicators of the work of the government with the population, the quality and attendance of the official website, the activity of the government on social networks, the quality of the organization of work with the media, and public satisfaction with information openness.


2016 ◽  
pp. 71-76
Author(s):  
Małgorzata Gwiazdowska

Changes made to the administration system in Poland in the years 1989–1990 were aimed at decentralising state government and increasing the importance of local government bodies. The author of this article reckons that this idea has not been reflected in the Polish body of law yet. There are no legal regulations provided in the provisions of law – not only in terms of the legal situation of historic preservation offices but also with regard to deciding what should fall under the authority of local government bodies. Scope of duties of local government historic preservation officers working in separate offices should be similar to the one that individual departments have. Moreover, authority should no longer be granted on discretionary basis. A principle should be therefore formulated that everything what comes within the competence of historic preservation officers must comply with statutory legislation. If a local government body wants to be delegated either full or partial authority, it should prove that it has both organisational and financial capacity to exercise it. We should therefore work towards a complete solution which would be practical and possible to adopt on both state and regional scale.


Complexity ◽  
2020 ◽  
Vol 2020 ◽  
pp. 1-16
Author(s):  
Yang Yu ◽  
Rui Zhao ◽  
Yuxin Huang ◽  
Linchuan Yang

This study presents an evolutionary game to model interactions among stakeholders with potential conflicts, including the operational enterprise of incineration plant, the local government, and the residents nearby. System dynamics is used to simulate the change of strategic actions corresponding to the three players, in order to seek for the evolutionary stability strategies. A numerical case is proposed to demonstrate the game theory application, in which the impacts of governmental incentive and punishment on the player’s actions are investigated. The results indicated that administrative penalty is effective not only in motivating the enterprises to upgrade treatment facilities for ensuring environmental quality but also in helping the local government and residents to approach dominant strategies. Policy implications are given based on the results to lay out a foundation for the alleviation of the conflicts.


2021 ◽  
Vol 2 (XXI) ◽  
pp. 65-79
Author(s):  
Przemysław Kuczkowski

The paper presents the issue of the municipal program of care for and prevention of homeless animals set out in Article 11a of the Act of 21 August 1997 on animal protection in the context of the possibility of ascribing to it the features of a local law act. The issue of correct qualification of the municipal program of care for homeless animals and prevention of homelessness and the realization of statutory norms authorizing to issue this act by the local legislator is an extremely important issue due to possible legal consequences in the form of invalidation of a resolution of a local government body with ex tunc effect. The author of the article focused in the first part on the characteristics of such a form of local government action as the act of local law, considering its characteristics on the basis of the provisions of law, doctrine and judicature. In the second part the author assessed the municipal program of care for homeless animals and prevention of homelessness through the prism of features characterizing the act of local law. The aim of the paper was to review and discuss essential features of the local law acts and to qualify the communal programme of care for homeless animals and homelessness prevention as the local law act against the background of the court decisions.


Author(s):  
Marek Klimek

Professor Jerzy Regulski played a key role in the process of building the self-government of the Third Polish Republic. He initiated his work on the self-government system as a part of the “Experience and Future” seminar on the turn of the 1970s and 1980s. During the period of the Polish Peoples Republic, the implementation of the developed opinions and assumptions was not possible. However, they turned out to be extremely valuable during the period of political transformation. During the session of the Round Table, Regulski was assignet to preside the works of the opposition party as a part of the Association and Self-Government Sub-team. After the victorious for the solidarity camp elections on June 4, 1989, Regulski supervised the realisation of local government reform. The restitution of communal self-government in 1990 was followed by establishing a direct self-government body at district and voivodship level in 1999.


2017 ◽  
Vol 7 (2) ◽  
pp. 185
Author(s):  
Magdalena Czuba-Wąsowska

A Liquidation of a Municipal School. Selected Legal AspectsSummaryThe main idea of the article concerns legal issues connected with the liquidation process of a school the founding body of which is a local government. This inter alia includes theoretical issues conceming self governing powers of a local government, a subsidiary rule, as well as theoretical and practical aspects of a supervision over a local government. The idea of a school conducted by a local government and its liquidation is explained in detail, including adoption of a resolution on liquidation, notification of an intention to liquidatethe school addressed to the bodies specified by the statute, the opinion of a school supervising authority, as well as adoption of a final resolution on liquidation (in case of obtaining permission from the school supervising authority). The article also covers a number of judicialdecisions, including most recent verdicts on this matter. The article presents conclusions de lege lata and de lege ferenda concerning actions to be undertaken in the process of the liquidation, as well as the duties of a local government body which conducts the school in respect of protecting constitutional rights of the pupils from the liquidated school.


Urban Studies ◽  
2020 ◽  
Author(s):  
Warren Smit

Cape Town is the second-largest city in South Africa, with a population of over four million people. Established by Dutch colonists in 1652, it is a diverse and complex city, with a long history of segregation and inequity. The city continues to be characterized by high levels of inequity, most tangibly manifested in the presence of informal settlements. Much of this inequity is along racial lines as a result of enforced spatial segregation during colonial and apartheid times. Since South Africa’s transition to democracy in the 1990s, the city has continued to evolve, with significant urban regeneration initiatives (such as the Victoria & Alfred Waterfront) and with major governance reforms (with the fifty-seven local government bodies and regional government body that existed in the early 1990s being merged into one local government body in 2000). Cape Town has been the site of much research, from a range of perspectives. During the apartheid era, this research largely focused on the implementation of apartheid segregation and the resistance to apartheid, whereas since the 1990s, the focus has been on the implementation of developmental local government, continued inequities, and the roll-out of neoliberalism. Research from a “developmental local government” perspective has focused on government reform and the large amount of service delivery (for example, housing delivery) that has occurred since the 1990s. Another major focus of research has been on the implementation of neoliberal urban strategies and the resistance of civil society to this (although some scholars of “southern urbanism” would argue that the importance of Neoliberalism in Cape Town and other cities in the Global South has been overemphasized by scholars from the Global North). Given its location in a magnificent setting with unique levels of biodiversity, tourism and the urban interface with the natural environment have also become major topics of research. Probably the most effective reflections of life in Cape Town have been in fiction and popular nonfiction works, so it is important to also consider these as well. The bibliography is structured in the following sections: History of Cape Town (to 1990); Overviews of Post-Apartheid Cape Town (after 1990); Poverty, Inequality, and Exclusion in Cape Town; Place and Space in Cape Town; Governance of Cape Town; Neoliberalism in Cape Town; Crime and Violence in Cape Town; Tourism in Cape Town; Cape Town and the Natural Environment; and Fiction and Popular Works about Cape Town.


2020 ◽  
pp. 60-66
Author(s):  
Nataliia Krivokulska ◽  
Yurii Bohach

Introduction. Today, local governments carry out their own activities aimed at ensuring local development, providing services to citizens in the conditions of limited material, financial and technical resources. This makes it necessary to use effective mechanisms for cooperation of local governments with citizens, the establishment of feedback mechanisms. The purpose of the article. Research and analysis of the forms of public participation in local self-government, identification of their shortcomings in order to define vectors for further application of these forms. Method (methodology). The methodological basis of the article consists of general scientific and empirical methods of scientific research, such as: the system method and the generalization method. Results of work. The forms and corresponding (levels) of public participation in local self-government are systematized. The analysis of the existing practice on the forms of public participation in the Pidvolochysk village united territorial community is carried out. The regulations that regulate the use of forms of public participation in the Pidvolochysk community are indicated and analyzed. It is established that the forms of public participation in the Pidvolochysk village united territorial community are represented by: informing, public consultations, studying and taking into account the opinion of residents in the process of forming directions of local development. Conclusions. Under a centralized system of public administration, citizen participation in local self-government was minimal, and mechanisms for public participation were imperfect, as they existed only on paper. Adopting a model of participatory democracy requires the active participation of the public in the management of local affairs. Such participation should take appropriate forms and be based on appropriate legal mechanisms and procedures. Sphere of results application. Forms of public participation in local governance, adoption and implementation of management decisions to ensure local development should be accompanied by public awareness of the possibilities of such participation, on the one hand, and the desire of officials and employees of local governments to listen to citizens, respond adequately, take into account her – on the other. Only under such conditions will the involvement of citizens in solving local government issues become mutually beneficial both for the residents of the respective territory and for the local self-government body.


Author(s):  
Егор Голованов ◽  
Egor Golovanov ◽  
Людмила Михалина ◽  
Lyudmila Mihalina

The article is devoted to the issues of performing anti-corruption expert examination of proposed and current legislative and regulatory instruments. Attempts are made to identify the shortcomings in the practice of applying the existing procedures of anti-corruption examination. Based on the results of the sampling analysis of regulatory legal acts of the local government body, a mechanism of automatition for adapting the procedure to practical application, in particular at the level of local authorities, is proposed.


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