scholarly journals ADMINISTRATIVE-TERRITORIAL REFORM IN UKRAINE: NORMATIVE-LEGAL ASPECT OF DECENTRALIZATION REFORM IN UKRAINE

2021 ◽  
Vol 1 ◽  
pp. 102-124
Author(s):  
Olena Lisova ◽  
Maxim Shevyakov ◽  
Olena Orlova
Keyword(s):  
Local Governments ◽  
Spatial Organization ◽  
Legal Aspect ◽  
National Level ◽  
Legal Framework ◽  
The State ◽  
Reform Process ◽  
Territorial Organization ◽  
State And Local ◽  
Decentralization Reform

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.

scholarly journals ADMINISTRATIVE-TERRITORIAL REFORM IN UKRAINE: NORMATIVE-LEGAL ASPECT OF DECENTRALIZATION REFORM IN UKRAINE

2021 ◽  
Vol 1 ◽  
pp. 112-124
Author(s):  
Olena Lisova ◽  
Maxim Shevyakov ◽  
Olena Orlova
Keyword(s):  
Local Governments ◽  
Spatial Organization ◽  
Legal Aspect ◽  
National Level ◽  
Legal Framework ◽  
The State ◽  
Reform Process ◽  
Territorial Organization ◽  
State And Local ◽  
Decentralization Reform

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.

scholarly journals Fiscal Federalism in Nepal: Challenges and Opportunities

2019 ◽  
Vol 2 (1) ◽  
pp. 151-170
Author(s):  
R. K. Shah
Keyword(s):  
Natural Resources ◽  
Local Governments ◽  
Fiscal Federalism ◽  
Fiscal Decentralization ◽  
Resource Distribution ◽  
National Level ◽  
The State ◽  
Federal States ◽  
Challenges And Opportunities ◽  
State And Local

The Constitution of Nepal was formally promulgated and it declared the country as a Federal Democratic Republic on September 20, 2015 by the Second CA. Fiscal powers were shared among the federal government, the state governments and the local governments. The Constitution further defined the framework of fiscal federalism within the pattern of income and resource distribution. The primary objectives of this study is to review the modality presented in the new Constitution on the natural resources, economic rights and revenue allocation. The study finds that the fiscal decentralization initiatives have not been successful in minimizing the political, social, economic, regional and ethnic inequalities inherent for nearly 240 years of a unitary system of governance in Nepal. The study recommends that VAT, excise duties and income taxes have to be allocated at the federal, states and local levels in the ratio of 70 percent, 15 percent and 15 percent respectively by the Constitution. Intergovernmental transfer modality has included in the Constitution. Revenue sharing from hydropower has been a controversial issue in Nepal. National Natural Resources and Fiscal Commission (NNRFC) has been constituted at the central level to make national level development plans and to make recommendations for additional grants and loans for the state and local governments. The Constitution has further defined the framework of fiscal federalism within the pattern of income and resource distribution. The theoretical study indicates that there is various controversial and overlapping issues required clarity in process of implementation in the years to come.

El principio de autonomía local en el régimen vasco del gobierno local

2017 ◽  
pp. 81-106
Author(s):  
Luciano PAREJO ALFONSO
Keyword(s):  
Local Government ◽  
Legal System ◽  
National Level ◽  
Legal Framework ◽  
Government Effectiveness ◽  
Full Development ◽  
Territorial Organization ◽  
Broad Interpretation

LABURPENA: Lan honen hasieran toki-gobernuaren EAEko araubide legalari dagokion planteamendua zehaztu da, baita estatu mailako esparru konstituzionalean eta legalean txertatzeko baldintzak ere (modu zabal eta ulergarrian interpretatuz bai Tokiko Autonomiaren Europako Gutunaren, bai Europar Batasuneko jatorrizko eskubidearen aurreikuspenak); planteamendu horrek, ondorioz, Euskadiko lurralde-antolaketa berezian bete beharko duen funtzioa ere aztertu da; jarraian, toki-autonomiaren printzipioaren erabateko garapena identifikatu du, EAEko legelariaren funtsezko helburu gisa, eta definitutako toki-gobernuaren estatutuan helburu horrek izango lituzkeen ondorioak argitu ditu. Oinarri horretatik abiatuta tokiko autonomiaren kontzepzioa aztertu du, eta horri erantzuten dio; bukatzeko, aipatutako autonomiaren eraginkortasuna bermatzeko baliatutako prebentzio-mekanismo berritzaileak azaldu ditu. RESUMEN: Este trabajo comienza por precisar el planteamiento a que responde el régimen legal vasco del gobierno local, los términos de su inserción en el marco constitucional y legal estatal (interpretado correctamente de forma amplia y comprensiva, por tanto, de las previsiones tanto de la Carta Europea de Autonomía Local, como del Derecho originario de la Unión Europea) y la consecuente función que está destinado a cumplir en la peculiar organización territorial de Euskadi, para identificar seguidamente el pleno desarrollo del principio de autonomía local como objetivo fundamental del legislador vasco y precisar las consecuencias de tal objetivo en el estatuto del gobierno local que define. Sobre esta base analiza la concepción de la autonomía local en la que descansa y a la que el mismo responde para concluir con la exposición de los novedosos mecanismos preventivos que pone al servicio de la garantía de la efectividad de la referida autonomía. ABSTRACT: This paper aims at specifying the legal system rationale for the Basque Country’s local government, the terms of its insertion within the Constitutional and legal framework at the National level –with a broad interpretation, including, therefore, both, the European Charter of Local Self-Government, and the European Primary Law-, and the resulting role this legal system has to play in the special territorial organization of Euskadi. Following that, the paper tries to identify the full development of the principle of local self-government as the main objective of the Basque legislator, indicating its consequences within the local government statute defined by it. On this basis, the paper analyzes the local self-government conception of the principle previously indicated, and concludes outlining new preventive mechanisms that are placed in the service of the referred self-government effectiveness.

scholarly journals THE LEGISLATION IN THE SPHERE OF COUNTERACTION OF CORRUPTION: RUSSIA AND CHINA (COMPARATIVE LEGAL ASPECT)

2017 ◽  
Vol 3 (3) ◽  
pp. 93-98
Author(s):  
Вячеслав Севальнев ◽  
Vyacheslav Sevalnev
Keyword(s):  
Russian Federation ◽  
Legal Aspect ◽  
National Level ◽  
Legal Framework ◽  
Republic Of China ◽  
Legislative Procedures ◽  
Legal Space ◽  
The Russian Federation ◽  
Financial Monitoring ◽  
Monitoring Service

The article considers the actual issues of combating corruption in the Russian Federation and People’s Republic of China. The author conducts a comparative analysis of legislation in the sphere of anti-corruption in Russia and China. The study identified the main approaches in combating corruption in both countries. The author proposes a periodization of the process of formation of anti-corruption legislation in both countries. The author distinguishes three main stages in the development of Russian legislation in the anti-corruption sphere and four stages in the development of similar legislation in China. On the basis of the conducted analysis the author concludes that the anti-corruption legislation of Russia and China, mostly already formed, however, within the legal framework of China, unlike Russia, has not yet been adopted the basic anti-corruption legislative act. The author also notes that in China in anti-corruption legislation widely use a subordinate rule-making and regulations of innerparty character, which can be attributed to regulations at national level, in Russia anti-corruption legislation is divided into the Federal normative legal acts, laws and other normative legal acts of bodies of constituent entities of the Russian Federation and municipal legal acts. The author also notes that PRC authorities in addition to legislative procedures widely use the program to search and return “runaway” officials. This approach is really interesting for the relevant Russian bodies, such as the Federal financial monitoring service and requires further scientific understanding to explore the possibility of using in Russian legal space and law enforcement.

Inter-Governmental Relations in the Provision of Local E-Services

2011 ◽  
pp. 1120-1124
Author(s):  
R. Kelso
Keyword(s):  
Federal Government ◽  
Local Governments ◽  
Economies Of Scale ◽  
New Technologies ◽  
The State ◽  
Federal State ◽  
State Governments ◽  
Political Commentary ◽  
Commonwealth Government ◽  
State And Local

Australia is a nation of 20 million citizens occupying approximately the same land mass as the continental U.S. More than 80% of the population lives in the state capitals where the majority of state and federal government offices and employees are based. The heavily populated areas on the Eastern seaboard, including all of the six state capitals have advanced ICT capability and infrastructure and Australians readily adopt new technologies. However, there is recognition of a digital divide which corresponds with the “great dividing” mountain range separating the sparsely populated arid interior from the populated coastal regions (Trebeck, 2000). A common theme in political commentary is that Australians are “over-governed” with three levels of government, federal, state, and local. Many of the citizens living in isolated regions would say “over-governed” and “underserviced.” Most of the state and local governments, “… have experienced difficulties in managing the relative dis-economies of scale associated with their small and often scattered populations.” Rural and isolated regions are the first to suffer cutbacks in government services in periods of economic stringency. (O’Faircheallaigh, Wanna, & Weller, 1999, p. 98). Australia has, in addition to the Commonwealth government in Canberra, two territory governments, six state governments, and about 700 local governments. All three levels of government, federal, state, and local, have employed ICTs to address the “tyranny of distance” (Blainey, 1967), a term modified and used for nearly 40 years to describe the isolation and disadvantage experienced by residents in remote and regional Australia. While the three levels of Australian governments have been working co-operatively since federation in 1901 with the federal government progressively increasing its power over that time, their agencies and departments generally maintain high levels of separation; the Queensland Government Agent Program is the exception.

scholarly journals Legal aspect of social entrepreneurship

2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova
Keyword(s):  
Social Entrepreneurship ◽  
Legal Aspect ◽  
Legal Framework ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Social Entrepreneurs ◽  
Economic Relations ◽  
The One ◽  
Definition Of

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.

Pastoralism, Ethnicity, and Subnational Conflict Resolution in the Middle Belt

2018 ◽  
pp. 678-696
Author(s):  
Laura Thaut Vinson
Keyword(s):  
Conflict Resolution ◽  
Local Government ◽  
Federal Government ◽  
Local Governments ◽  
The State ◽  
The Past ◽  
Material Costs ◽  
State And Local Government ◽  
State And Local ◽  
Subnational Conflict

This chapter explores the problem of rising pastoralist–farmer and ethnic (religious and tribal) violence in the pluralistic Middle Belt region of Nigeria over the past thirty to forty years. In particular, it highlights the underlying issues and conflicts associated with these different categories of communal intergroup violence, the human and material costs of such conflict, and the broader implications for the Nigerian state. The federal government, states, local governments. and communities have not been passive in addressing the considerable challenges associated with preventing and resolving such conflicts. It is clear, however, that they face significant hurdles in resolving the underlying grievances and drivers of conflict, and their efforts have not always furthered the cause of conflict resolution and peacebuilding. Greater attention to patterns of inclusion and exclusion and to the allocation of rights and resources will be necessary, particularly at the state and local government levels, to create a more stable and peaceful Middle Belt.

scholarly journals CHARACTERISTICS OF BASIC COMPONENTS OF THE SOCIAL AND LABOR RELATIONS REGULATION MECHANISM IN THE UNITED TERRITORIAL COMMUNITIES

2020 ◽  
pp. 19-23
Author(s):  
Viktor Nyzhnyk ◽  
Oleh Rudyk
Keyword(s):  
Community Development ◽  
Local Governments ◽  
Labor Relations ◽  
Local Level ◽  
The State ◽  
Regulation Mechanism ◽  
Role Of The State ◽  
The Social ◽  
State And Local

The study is devoted to the substantiation of the basic components of the mechanism of regulation of social and labor relations in the united territorial communities of Ukraine. The article analyzes the research on the role of the state and local governments in regulating and developing social and labor relations at the local level. The leading world concepts in regulating social and labor relations have been characterized. The purpose and role of local self- government bodies in regulating social and labor relations have been defined. The basic scientific approaches to the concept of “community development” have been investigated. Based on the research, the basic components of the mechanisms of regulation of social and labor relations in the united territorial communities have been identified and their characteristics have been given.

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.

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