TRANSFORMATION OF LOCAL SELF-GOVERNMENT IN THE CONDITIONS OF DECENTRALIZATION OF POWER

Author(s):  
Tamara Lozynska ◽  
◽  
Liudmyla Chip ◽  
Yevhenii Hnatok ◽  
◽  
...  

The article highlights the issues of local self-government development in the conditions of public administration transformation. Attention is drawn to the importance of organizing effective self-government, as it is the local councils of the basic level that are most closely connected with the life of the local population. It is noted that the reform of local self-government was aimed at improving the accessibility and quality of public services for the population. The main reasons that prompted the reform of local self-government are named, namely: imperfection of the administrative-territorial system, limited autonomy of local self-government bodies and weak capacity of territorial communities. The main stages of the reform of the local self-government system and changes in the legal basis for the functioning of local councils are considered. The consequences of changing the legislation for the implementation of their powers by village, settlement and city councils, in particular the establishment of direct inter-budgetary relations between local budgets and the state budget, as well as shortcomings in the legal support of local councils. It is noted that despite the significant delay in amending the Constitution of Ukraine, the norms of which on administrative-territorial organization and local self-government ceased to correspond to the real state of affairs, the legal basis of self-government continued to develop. It is a question of introduction of the state support of local government and creation of institute of elders. It is noted that the regulatory and legal support of decentralization was mostly related to budgetary relations and was aimed at strengthening the economic capacity of territorial communities. It is established that as a result of the administrative-territorial reform the number of councils at the primary and subregional levels has significantly decreased, which has exacerbated the issue of separation of powers between councils at different levels and between councils and local administrations. Proposals were made to identify areas for further improvement of the legal framework of local self-government and delimitation of powers of local councils on the principles of subsidiarity.

2021 ◽  
Vol 16 (2) ◽  
pp. 12-62
Author(s):  
Raina Nikolova

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).


2019 ◽  
Vol 8 (2) ◽  
Author(s):  
Abdullah Al-Ahsan

The question of Palestine (and the city of Jerusalem) is a core issue that remains at the centre of the Muslim mind in our time. This is because most Muslims feel that the Zionist Movement created the State of Israel in Palestine after World War II by depriving the local population of their fundamental right to exist in their ancestral homeland. The global Zionist Movement conspired, resorted to terrorist tactics and executed an ethnic cleansing campaign to create the State of Israel. The Zionists first secured the support of British politicians and then the American leaders in favour of their search for an exclusive Jewish state covering the entirety of the former British Mandate of Palestine. Although the Palestinians – like Muslims in various parts of the world – quickly developed a national consciousness in the inter-war period and tried to protect their fundamental rights, they were no match for the Zionists who had already secured the support of major powers of the globe (e.g. Britain and the US). Later, Israel managed to obtain UN membership in its third attempt with the commitment to allow all Palestinians to return to their ancestral home. But in practice, Israel has ignored all UN resolutions regarding the Israeli-Palestinian conflict. Israel has gradually developed a legal framework to deny the citizenship rights of the original population of Palestine and continues to build new Jewish settlements by demolishing Palestinian homes. While the Palestinians continue to suffer under Israeli repression, the OIC (Organization of Islamic Cooperation) and most Muslim governments have largely abandoned the Palestinian cause of liberation. This, in turn, frustrates much of the Muslim youth around the world – fuelling fundamentalism and extremism.  


Author(s):  
Lyudmyla Lesyk

The author analyzes the economic documentation sent by the Nizhyn governors to the Malorossiyskyi Prykaz in the 1650s and 1670s. The excerpts published in the Acts relating to the History of Southern and Western Russia. This source the author used to show the nature of the interaction between the Nizhyn Voivodship and the government, to identify the main issues voivode had to report on and the tasks he had to solve, as well as to consider the situation of the Russian military contingent in Nizhyn.The author notes that the royal pledges led by the voivods appeared in Chernihiv, Nizhyn, Pereyaslav and other Ukrainian cities in the late 1650s. The names of the Nizhyn voivods, who served in the 1650-1670s, were identified, and the author described their activities. She found out that the voivode had to build a fortress in the city to defend against enemies, manage the affairs of their garrisons, send to Moscow financial statements of expenditures, to issue a sovereign's pay to the archers, to fight against their escape, which was very common, and in addition to monitor on the activities of the local Cossack administration and internal policy in the territories subordinate to them, submit to the king petitioners and petitions, provide information on events in the Ukrainian lands and in the neighboring territories, involve the local population in the work . Under the rule of Ivan Bryukhovetsky, voivode had to collect taxes from inhabitants of the Hetmanate (except for Cossacks and clergy). The author concludes that it was through regular reports that the voivode in Moscow knew about the state of affairs in the Hetmanate region and, following the information received, adjusted their policy towards the Ukrainian lands. Therefore, the voivodship runoff can be considered a valuable source from the history of the hetman's Ukraine itself.


Author(s):  
A. Zhuk

The paper studies the historical and legal background of the formation and development of government procurement in Ukraine. It analyzes the essence and significance of public procurement for the effective development of budgetary enterprises, institutions and organizations in different historical periods. It has been established that public procurement took various forms long before the independence of Ukraine. State orders are considered in the context of the broader problem of state regulation of the economy, namely one of the most serious and ambiguous economic problems is the rational interaction of the state and the market system in the process of public procurement. It is substantiated that a full-fledged national economy largely depends on how transparent and economically justified public expenditures on the maintenance of institutions financed from the state budget. Detected that one of the most promising ways to implement the concept of rational and efficient use of budget funds is the widespread introduction of a single structured system in the procurement of goods, works and services for public needs, based on competition, transparency, non-discrimination and decentralization. The paper reviews specifics of legislative regulation of public procurement in the relevant periods. The stage of transition of the system of centralized production planning, distribution of material and technical resources, the function of the state order as an absolute state regulator in the production of products and services to the means of meeting the needs of material resources, products, works and services of consumers supported by the state budget. It identifies the main differences in the approaches to understanding the essence of public procurement. The paper provides a detailed description of the influence of factors and circumstances on the development of the legal framework of public procurement. It determines and substantiates government procurement development periods. The paper analyzes the negative effects of omissions and non-finalization of the legal framework of each respective period. It studies the methods of and reasons for changing the terminology in the formation of the conceptual apparatus of the modern legal framework. Conclusions on changes, additions and adjustments to the legal framework of public procurement are provided. The paper assesses the main differences between the adopted public procurement laws.


2021 ◽  
pp. 40-47
Author(s):  
А.Ю. Якимов

Статья посвящена рассмотрению изменений нормативно-правовой основы оказания первой помощи пострадавшим в дорожно-транспортных происшествиях водителям автомобильного транспорта. Анализируются перечень состояний, при которых оказывается первая помощь, перечень соответствующих мероприятий, комплектация медицинской аптечки для оказания первой помощи (автомобильной) и правила ее использования. По результатам проведенного анализа формулируются выводы, касающиеся состояния указанной нормативно-правовой основы. The article is devoted to the consideration of changes in the regulatory framework for providing first aid to victims of road traffic accidents by drivers of road transport. The author analyzes a list of conditions in which first aid is provided, a list of appropriate measures, a complete set of a first aid kit for first aid (automobile) and the rules for its use. Based on the results of the analysis, conclusions are formulated regarding the state of the specified regulatory and legal framework.


2021 ◽  
Vol 2 (2) ◽  
pp. 136-142
Author(s):  
N. A. NAZAROVA ◽  

The article examines the assessment and existing methods of the tax burden, directions of its optimiza-tion. One of the main systemic elements of the country's state policy is the tax system as one of the vectors in the direction of economic and social development. The legal basis of the state determines that an economic entity becomes a taxpayer, paying taxes and fees to the state budget system. For effective conduct of activi-ties, organizations need to assess the amount of taxes paid to the budget and determine how much of their own resources they can donate to the state as payment for using its services. For this, it is advisable to use the estimated indicator "tax burden". In addition to organizations, the tax burden is also calculated by the tax authorities to control the activities of taxpayers. It is important for the state to monitor both the direction of movement of tax flows and the fact of their receipt into the country's budget, taking into account the financial and economic capabilities of taxpayers, since tax revenues form a significant part of the federal and consoli-dated budget revenues.


Author(s):  
Olena Lisova ◽  
Maxim Shevyakov ◽  
Olena Orlova

The need for effective, capable self-government inevitably faces the need to change the spatial organization of local governments. In turn, the territorial organization of executive bodies also turned out to be far from optimal. In Ukraine, there have been discussions for many years about the reorganization (reform) of the entire system of public power in the country. But they have mainly always concerned the redistribution of powers in the power triangle at the national level: President - Parliament - Government. Since independence, changes have taken place here many times. However, despite the changes taking place in this redistribution at the national level, people living in specific towns and villages continue to face the same problems. To date, not clear enough mechanisms have been implemented to form effective local self-government and territorial organization of government to ensure the provision of high quality and affordable public services, meet the interests of citizens in all spheres of life in the territory, harmonize the interests of the state and local communities, establishing cooperation between the authorities and local governments. Currently, the second stage of decentralization in Ukraine continues in 2020-2021. The Cabinet of Ministers of Ukraine has identified the need for further reform process, introduction of decentralization in Ukraine as one of the priorities in the state, which will continue the development of local self-government, territorial communities and in general will enable the growth of Ukraine's economic indicators. In this regard, this article is aimed at studying the state of administrative-territorial reform in Ukraine, as well as outlining areas for improving the legal aspect of decentralization reform in Ukraine, as for further development of the legal framework, to continue the reform requires a number of important laws.


Author(s):  
Valentyna V. Dudchenko ◽  
Yuliia V. Tsurkan-Saifulina ◽  
Kostiantyn M. Vitman ◽  
Iryna O. Kresina ◽  
Oleksiy V. Kresin

Problems and unresolved issues in the field of the Ukrainian political nation consolidation and national minorities rights protection are analysed. The normative legal acts regulating ethno-national relations in Ukraine are analysed. The necessity of reforming the ethno-national legislation, elimination of declarative, contradictory and conflicting norms is proved. Threats caused by separatist manifestations are shown. The main values, guidelines and directions of the Ukrainian state ethno-national policy development are determined. The creation of a legal framework for ethnocultural autonomy in Ukraine will contribute to the formation of an effective system of protection of the rights of citizens belonging to national minorities in Ukraine, which will meet international standards in the field of protection of national minorities. , and will allow to approximate the legislation of Ukraine in the field of protection of the rights of national minorities to the EU law. Each national minority will have the right to create its own ethnocultural (extraterritorial) autonomy in order to address the issues of preservation and development of ethnocultural identity without requirements and claims to the state and the state budget. This will eliminate the declarativeness of the relevant legislation, increase the level of self-organization of national minorities, redirect ethno-territorial requirements to ethnocultural, promote harmonization of ethno-national relations and interethnic harmony in Ukraine, consolidation of Ukrainian society into a political nation based on common citizenship


Author(s):  
Chu Tien Minh

The increasingly broad participation in world economic organizations provides Vietnam with many opportunities to attract foreign investors. However, Vietnam faces a situation where many foreign investors would take advantage of the gaps in the Government’s tax incentive policies to avoid taxes. This has caused many losses and serious state budget deficit. Not only does the state lose a large amount of money which businesses have an obligation to pay, but it also creates a bad precedent, unfairness in tax for businesses. In this article, the author will analyze and assess the state of affairs of the Government’s preferential tax policies and the tax avoidance in the form of transfer pricing in Vietnam by foreign investors. Following after are recommendations to complete the tax incentive policies and prevent tax avoidance in the form of transfer pricing of foreign investors.


2021 ◽  
Vol 273 ◽  
pp. 08095
Author(s):  
Elizaveta Donchenko ◽  
Sergey Shaginyan

Russia is going through a stage of becoming accompanied by complex internal problems. They are associated with the development of a legal framework and reconsidering the new type of economy, the negative impact of global crises and evident challenges in the distribution of the money supply. An active social policy of the state is aimed at the population strata in need of support: pensioners, disabled people, children. But the gap between low-income and rich groups is widening, and the middle stratum as a social component has practically disappeared. This situation suggests the need to search for tools to improve the prosperity of the population. Besides, low-efficiency investment systems of large players in the sector with state participation are registered, which requires the search for additional sources of investment and ways of their rational use with proper control. Which, in its turn, will reset the load from the state budget.


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