scholarly journals Foreign experience of decentralization of power and prospects for Ukraine

2021 ◽  
Vol 2 (99) ◽  
pp. 94-103
Author(s):  
K. S. Kholyavitska ◽  
Keyword(s):  
Legal Protection ◽  
The State ◽  
Necessary Condition ◽  
Budget Process ◽  
Successful Implementation ◽  
The European Union ◽  
National Interests ◽  
Territorial Structure ◽  
Territorial Organization ◽  
Constitutional System

The author of the article has outlined the problem of finding the most optimal model of the state for of government, because the necessary condition for stable development of society and effective functioning of the state is to ensure the balance between national interests and the interests of the population of regions and territorial communities. The preconditions, political history and periods of the formation of decentralized power in most European medieval states, scientific positions of national and foreign legal scholars on the expediency of implementing decentralization have been analyzed. It has been found out that the vast majority of Western European countries abdicate the unitary state model by introducing decentralization. The leading idea of reforming is to move the center of solving local issues to the local and, in particular regional level that is achieved by optimizing relations between different levels of territorial organization of power. National traditions, formation and functioning of public agencie in the past, specific features of administrative and territorial structure of the state, existence of autonomous territories, multiethnic population have a significant influence on the formation of the constitutional system on the basis of decentralization in the EU countries. The positive experience Poland, France, Italy, Latvia, Germany and Denmark has been studied. The author has theoretically substantiated that the principle of decentralization has been successfully implemented in the practice of the European Union countries. It has been indicated that the prerequisite for the successful implementation of decentralization processes to create an effective model of governance within the system of decentralized government of Ukraine is: the establishment of the rule of law principle; recognition and guarantees of local self-government; equal legal protection of all forms of ownership; democratic and effective electoral legislation; independence, efficiency, accessibility and transparency of the judicial system, functioning of administrative justice institutions; perfect budget process and high financial discipline; availability of adequate social standards; developed public sector and stable tendency towards its development.

scholarly journals Branding of Cultural Tourism Objects of the United Territorial Communities of the Southern Megaregion of Ukraine

2020 ◽  
Vol 12 (3) ◽  
pp. 432-447
Author(s):  
Oleksandr Pavlov ◽  
Tatiana Pavlova ◽  
Iryna Pavlova
Keyword(s):  
European Integration ◽  
Cultural Tourism ◽  
The State ◽  
Local Identity ◽  
Scientific Exploration ◽  
Territorial Structure ◽  
Territorial Organization ◽  
Political Foundations ◽  
Spatial Formations

AbstractThe process of decentralization of power and governance, which takes place in Ukraine through the voluntary unification of territorial communities, has laid the foundations for reforming the administrative territorial structure and territorial organization of power. Taking into account the state making nature of these transformations in the context of Ukraine’s European integration efforts, the article substantiates theoretical and applied fundamentals of branding of cultural tourism objects of the united territorial communities (UTC), reveals his role in constructing local identity of these social and spatial formations. The methodology of the study covers three main thematic blocks: legal and political foundations of the creation of a UTC; features of UTC branding; conceptualization and classification of brand projects of cultural tourism objects of the UTC. The factors that inhibit the branding process of cultural tourism objects of these communities were identified, conclusions were drawn, and perspective directions for further scientific exploration were outlined.

The Municipal Map in Portugal

2019 ◽  
pp. 275-292
Author(s):  
Barbara Luize Iacovino Barreiros
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
Territorial Structure ◽  
Territorial Organization ◽  
Consequent Reduction ◽  
Almost All ◽  
Large Groups ◽  
Do So

The municipality is the basic territorial organization for almost all the Member States of the European Union and has approximately the same attributions in all these. Even so, the territorial structure of municipalities differs in each of the Member States, and it is possible to group them into two large groups: those that have implemented reforms with a consequent reduction in the number of these entities and those with a high number of municipalities. Although Spain is a neighbor of Portugal and Portugal gets some influences from France, in fact the territorial organization of municipalities corresponds to very different realities. Through this research you can see that Portugal did reform its municipalities while France and Spain failed to do so. However, they all recognize that there is a need to reform the territorial structure of municipalities.

scholarly journals DIRECTIONS FOR IMPROVEMENT OF GOODS DECLARATION IN CONDITIONS OF INTEGRATION PROCESSES

Management ◽  
2019 ◽  
Vol 28 (2) ◽  
pp. 76-86
Author(s):  
Tetyana Yu. Dudorova
Keyword(s):  
The State ◽  
Economic Research ◽  
Necessary Condition ◽  
Electronic Document ◽  
The European Union ◽  
Expert Assessments ◽  
Import And Export ◽  
And Control ◽  
The Given ◽  
Current Mechanism

Introduction and purpose of the study. Trends in global development in the context of the global economic crisis dictate new challenges, in particular, the simplification of customs and logistics procedures during the import and export of goods to (from) the territory of countries. Today, the maximum approximation of customs procedures in Ukraine to the European and world standards is gradually being made, their maximum simplification at all stages, the reduction of the influence of the human factor on the results of the customs introduction of the elements of the electronic document flow system in the execution of customs clearance and customs control of goods.The hypothesis of scientific research. It is anticipated that in today's conditions of openness of the Ukrainian economy the necessary condition for the organization of the customs business – in general – and customs control, in particular, is the declaration, identification and control of customs value, which has fiscal and regulatory potential, and accordingly characterized by problematic issues that require new theoretical and practical approaches to its evaluation and control. The purpose of the article is to study the current mechanism of customs declaration of goods in Ukraine.Methods of research: in the process of work, the following methods of economic research were used: system-structural, abstract-logical, comparative and balance, expert assessments, etc.Results: The state of the procedure of customs clearance of goods is considered and investigated. The given results of practical introduction of electronic document circulation with the use of electronic digital signature in the customs business of Ukraine.Conclusions. The creation of a multifunctional integrated electronic customs system is aimed at strengthening Ukraine's customs security, further developing and adapting the information systems of the State Customs Service of Ukraine to the standards of the European Union, creating conditions for accelerating customs control and customs clearance procedures, improving the level of services provided by the state in the customs sphere, restriction of the possibility of committing illegal and corrupt acts.

scholarly journals Formation and implementation of the State Policy in the sphere of European integration of Ukraine: problems and contradictions

2019 ◽  
pp. 90-96
Author(s):  
Valerii Rieznikov
Keyword(s):  
European Integration ◽  
Public Administration ◽  
State Policy ◽  
Social Issues ◽  
The State ◽  
Successful Implementation ◽  
The European Union ◽  
Administration System ◽  
Ukrainian Society ◽  
The Eu

The purpose of the article is to identify the problems and contradictions of the state policy in the sphere of European integration of Ukraine and to justify the ways of overcoming them in the current conditions. The main internal problem that hinders the European integration course of Ukraine, experts consider, first of all, inefficiency of the public administration system – insufficient level of competence of civil servants, excessive bureaucracy, unreformed and corrupt public administration system. The top five major internal problems also include: the situation in the Donbas (including both armed conflict and public sentiment), high levels of corruption in Ukrainian society, ineffective policy of informing the population about European integration, lack of consensus in the political and social issues. The opinion that aggression, pressure and all-out hindrance from Russia will be a major external challenge for Ukraine’s European course, is shared by all experts interviewed. Among the major external obstacles, experts also cite internal problems of the EU itself, opposition or waiting position on the part of some EU members who do not want to break their ties with Russia, as well as the lack of a unified position in the European Union regarding the European perspective of Ukraine and the EU enlargement in general. Experts consider that the most effective factor contributing to the increase of the support of European integration in Ukrainian society is the successful implementation of internal reforms and the positive effect of ordinary citizens on them. In today’s context, Ukraine’s accession to the EU remains a goal for which it is active in political, legal, economic and other spheres. Conclusions from this research and perspectives of future development in current area. At the present stage of social development the process of forming and implementing effective and effective state policy in the field of European integration is of particular importance. Ukraine’s accession to the EU is a long-term issue, which depends on both the effectiveness of internal reforms and the transformation processes in the EU. However, Ukraine already needs to insist on giving it a formal EU membership perspective.

scholarly journals Anti-terrorist Function of the State: Search for New Forms of Implementation

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 125-132
Author(s):  
D. S. Mits
Keyword(s):  
The State ◽  
Social Significance ◽  
Law Enforcement Agencies ◽  
Conceptual Approach ◽  
National Interests ◽  
Russian State ◽  
Primary Direction ◽  
Internal Sources ◽  
Constitutional System ◽  
The Stability

The paper considers the importance of the anti-terrorist function of the state, which consists in the possibility of neutralizing the main threat-forming factors of illegal encroachments on the constitutional system: 1) radicalism; 2) enmity and hatred; 3) extremism; 4) terrorism. The purpose of the paper is to search for effective support of all areas of the state’s antiterrorist function: 1) prevention; 2) struggle; 3) elimination of harmful consequences; 4) self-sufficiency. The analysis of the category "anti-terrorist function of the state" is carried out in the combination of dialectical and systemic research methods, as well as by a conceptual approach to identifying new forms of implementation. In the course of the analysis, the author formulates and scientifically substantiates his position: the support of the anti-terrorist function of the state determines the social purpose and social significance of the prevention of terrorism as the primary direction of anti-terrorist activities. The paper reflects the currently important feature of the considered function — the socio-political component of countering terrorism as a point of contact between the opposing entities. The transformation of manifestations of terrorism, which creates threats to individual, public, state, collective, regional, and international security, requires anti-terrorist actors to act ahead of the curve. A citizen protected from terrorist influence will expect the state to maintain such a safe state. At the same time, the average citizen is far from being able to participate in strengthening the anti-terrorist function of the state. A separate set of state measures is of interest in the course of systematizing the functions of the modern Russian state. Modern terrorists, using the achievements of humanity, are embedded in an invulnerable actor of the planetary level. Attempts to reduce these manifestations to an acceptable level only by anti-criminal methods of law enforcement agencies are comparable to the failure and beginning of the reproduction of terrorism. Without a comprehensive approach in the anti-terrorist sphere, it is impossible to create sustainable development and conditions for the implementation of national interests. This system is formed, implemented, optimized, improved and harmonized under the influence of many socio-political factors. The stability of the system under study is conditional due to the variability of various external and internal sources of government that affect its processes.

scholarly journals Role of the Philosophy of Law in the process of unifying the legal systems of the members of the European Union in the context of the Common Framework of Reference Project v

2021 ◽  
Vol 39 (68) ◽  
pp. 463-475
Author(s):  
Fursa Svitlana Yaroslavivna ◽  
Kukhniuk Dmitriy Vladimirovich ◽  
Bondar Iryna Vadymivna ◽  
Maliarchuk Liubov Sergiivna ◽  
Derii Olena Olexsandrivna
Keyword(s):  
European Union ◽  
The State ◽  
Necessary Condition ◽  
Legal Systems ◽  
The European Union ◽  
Philosophy Of Law ◽  
Strategic Direction ◽  
Common Framework ◽  
The Common

The study discusses the role of the philosophy of law in the process of unifying legal systems through the prism of the principles of the Draft Common Framework of Reference in Europe. The application of the philosophy of law in unification processes is also a necessary condition for the implementation of these processes about human rights and the sovereign interests of the State, which implements the unification of the legal order. Hence, the issue of European integration determines the strategic direction of the state, and this leads to the unification of law. The study aims to identify the role of the philosophy of law in the processes of unifying the legal systems of the European Union and its importance in the use of principles in these processes, justifying the need to use the philosophy of law in any process of transformation. It is concluded that the philosophy of law is a bridge harmonized with the legal sphere of operation of both individual states and supranational associations.

scholarly journals Ensuring State-Legal Regulation On The Prevention of Agrarian Raids as a Form of Counteraction to the Offense and as a Mechanism for the Implementation of International Agricultural Cooperation

2019 ◽  
Vol 8 (3) ◽  
pp. 455
Author(s):  
Victor Beschastnyi
Keyword(s):  
International Development ◽  
Organic Farming ◽  
Comparative Method ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Practical Significance ◽  
The European Union ◽  
Moral Orientation

The tasks of developing international cooperation in the agrarian sphere between Ukraine and the international community, including the European Union, were determined. The existing reasons for the development of small and medium business representatives are analyzed. The updated structure of the object and the subject side - components of agrarian management is determined. The tendency of international development of organic farming is taken into account. The description and practical significance of the appropriateness of securing the terminological understanding of "raider", "peaceful possession of property" with the aim of unification of the norms of the national legislation with the international ones, including the European one, is given. The state-legal regulation on the way of preventing the offense from the standpoint of functioning of state bodies is considered. Due to the comparative method of scientific study, proposals for changes to the current normative and legal framework of Ukraine are determined. There is a distinction and the need to ensure legal protection and protection of the most vulnerable category of subjects. Today, it is the owners of land plots, including owners of land plots (shares), which have been given a land plot for private peasant farming, horticulture, gardening, subsidiary farming. In particular, such protection should be based on positions of economic, social, legal and moral orientation, which defines an integrated and systematic approach. The state authorities should, through their functional duties and through the authority to provide assistance to such economic entities.           Keywords: raiding, peaceful possession of property, agrarian sphere, organic farming, state-legal and state-private mechanism, international agrarian cooperation, agrarian raiding, "weapons" institute

scholarly journals Administrative-Territorial Structure of Khmelnytskyi Region according to Administrative-Territorial Reform in Ukraine in 2020

2020 ◽  
pp. 82-100
Author(s):  
Volodymyr SAVITSKYI
Keyword(s):  
The State ◽  
Social Phenomenon ◽  
Initial Information ◽  
Men And Women ◽  
Election Process ◽  
Territorial Structure ◽  
Territorial Organization ◽  
First Time ◽  
Election Commission

The philosophical basis of this research is the author’s perception of the state as a holistic social phenomenon in its systemic relationships. Considering the dimensional component of the state’s category, which is its territory, as one of mandatory sign of the state, the author considers the administrative-territorial structure as an external expression of the territorial organization of power. Substantiating the relevance of research, the author emphasizes that it takes place in real time during the election process and a short post-election period on the basis of the new administrative-territorial structure, which in itself proves the relevance of this work. In the absence of such scientific works to reflect the current realization of reform of the territorial organization of power, the author determines the purpose of the research as the need to obtain holistic and systematized initial information regarding reformed administrative-territorial structure and local government of Khmelnytskyi region. Reforming administrative-territorial structure of the region is considered in close connection with the administrative-territorial reform in Ukraine as a whole. The research is based on the norms of the Constitution and laws of Ukraine, acts of the Verkhovna Rada, the Cabinet of Ministers, and the Central Election Commission of Ukraine. Such data are analytically generalized: created and liquidated regions; formed territorial communities with the determined administrative centres and the disbanded territorial communities; the affiliation of the disbanded territorial communities to the formed territorial communities with the determination of the districts and cities, to which the disbanded communities according to the old administrative system belonged; number of regional councils at all levels in 2020 and number and status of councils elected in 2020; number of deputies elected in 2020 to regional councils at all levels; composition of city, town and village mayors elected for the first time, re-elected, number of men and women elected to these positions. The article is illustrated by the administrative map of Khmelnytskyi region according to the new administrative-territorial structure and seven tables that benefit better perception of its content.

scholarly journals Unión Económica y Monetaria y Comunidades Autónomas: la transformación del principio de autonomía financiera

2021 ◽  
pp. 383
Author(s):  
Joan Solanes Mullor
Keyword(s):  
Case Law ◽  
The State ◽  
Economic And Monetary Union ◽  
The European Union ◽  
European Union Law ◽  
Autonomous Communities ◽  
Political Autonomy ◽  
Financial Autonomy ◽  
Three Stages ◽  
Constitutional System

Un rasgo distintivo del Estado de las Autonomías es el reconocimiento de la autonomía política de las CCAA y, consustancial a ella y a la vez instrumento necesario para hacerla posible sobre todo en su vertiente de la potestad de gasto, también la autonomía financiera. El ordenamiento constitucional español ha amparado esta autonomía, tanto a nivel textual como a través del moldeamiento del Tribunal Constitucional. Sin embargo, la Unión Económica y Monetaria (UEM) ha comportado una transformación sustancial de la perspectiva constitucional de la autonomía financiera, en su vertiente de la potestad de gasto, de las CCAA. Este artículo explora esta transformación, identificando tres etapas distintas —UEM precrisis, UEM en crisis y los intentos actuales de reforma de la UEM y la gestión de los fondos europeos de rescate— que han ido moldeando el principio constitucional de autonomía financiera de las CCAA. Se analiza la interacción entre el ordenamiento constitucional español y el Derecho de la Unión y se señala a este último como motor de transformación constitucional y como un factor decisivo en cuanto a la evolución de la organización territorial del estado español.A distinctive feature of the State of Autonomies is the recognition of political autonomy of the Autonomous Communities and, inherent to it and at the same time a necessary instrument to make it possible, the financial autonomy. The Spanish constitutional system provides protection to that autonomy, both at the textual and case-law levels. The Economic and Monetary Union (EMU), however, has led a substantial transformation of the financial autonomy as a constitutional value, from the perspective of the spending power, of the Autonomous Communities. This article explores this transformation and identifies three stages —EMU precrisis, EMU in crisis and the current efforts of reforming the EMU and the allocation and management of the European funds for recovery— which have shaped the financial autonomy of the Autonomous Communities. The article analyzes the interaction between the Spanish constitutional system and the European Union Law and points out the latter as an engine of a constitutional transformation and as a decisive factor in the evolution of the State of Autonomies.

scholarly journals Tendencies in the transformation of the legal foundations of European integration of Ukraine at the present stage

2020 ◽  
pp. 66-70
Author(s):  
Oleksandr Perederii
Keyword(s):  
European Integration ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Social Regulation ◽  
The European Union ◽  
Present Stage ◽  
Association Agreement ◽  
The Eu

The article presents and reveals the main tendencies of transformation of the legislative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions.  The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge.           Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. First of all, Ukraine should develop and accumulate the practice of applying the legislation in the sphere of increasing the investment attractiveness of Ukraine, guaranteeing the legal protection of foreign investments, adjusting the national manufacturing sector of Ukraine to the EU requirements, harmonizing the national model of legal regulation of the labor market with the EU, enhancing the institutional focus of the Ukrainian authorities to implement the EU Directives.

Sign in / Sign up

Export Citation Format

Share Document