scholarly journals Status and powers of village, settlement, city mayors in the system of local self-government of Ukraine

2020 ◽  
pp. 144-150
Author(s):  
Yuriy Maksimenko
Keyword(s):  
Local Governments ◽  
Legal Status ◽  
City Council ◽  
Executive Power ◽  
Optimal Model ◽  
Checks And Balances ◽  
City Councils ◽  
The Status ◽  
Territorial Organization ◽  
The Village

Since the establishment of the institution of village, settlement and city mayors in the system of local self-government of Ukraine,the legal status of these persons has not changed significantly. This indicates that the constitutional model of local self-government,headed by a village, town, city mayor, mainly satisfied society’s demand for stable local self-government. Today, when gradually as aresult of the reform of decentralization and administrative-territorial organization Ukraine has become a country of united territorialcommunities with significant powers locally, the issue of improving local self-government, finding its optimal model and the balanceof powers between key components of its system is gaining momentum relevance.Since the adoption of the Constitution, the system of local self-government of Ukraine has included territorial communities,which carry out local self-government in the manner prescribed by law, both directly and through local governments: village, town, citycouncils and their executive bodies. In the Law of Ukraine “On Local Self-Government in Ukraine” this list was supplemented by themain official of the territorial community – village, settlement, city mayor, who in the system of local self-government was given a“third” place between village, settlement, city council and executive bodies of village, settlement, city council. However, whether suchan intermediate position is occupied by the village, settlement, city mayor in the system of local self-government of Ukraine? After all,village, settlement, and city councils, which include deputies of local councils, as representative bodies of local self-government, areendowed by law with significant exclusive powers. Also, the executive bodies of local self-government are endowed by law with theirown (self-governing) powers and the powers delegated by the state to the bodies of executive power. The village, settlement, city mayordoes not have all these powers. To find an answer to this question by studying the status and powers of the chief official of the territorialcommunity used a system of checks and balances, which is embodied in local government of Ukraine in the principle of distribution ofpowers between representative local governments (councils), village, town, city and executive bodies of local self-government (exe -cutive committees, departments, administrations and other executive bodies created by councils).

scholarly journals Current problems of constitutional regulation of the status of local communities in Ukraine in the context of international experience

2016 ◽  
Vol 4 (1-2) ◽  
pp. 5-16
Author(s):  
О. В. Батанов ◽  
В. В. Кравченко
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Legal Status ◽  
Resource Base ◽  
Current State ◽  
Foreign Countries ◽  
Municipal Management ◽  
The Status ◽  
Territorial Organization ◽  
Conceptual Problems

In the article, taking into account foreign experience of development of modern systems of municipal management and practice application of the provisions of new legislation on decentralization highlights the conceptual problems of reforming local government and territorial organization of power in modern Ukraine. Describes the char-acteristics of the legal status of the territorial community as the primary subject of the municipal authorities in Ukraine and foreign countries. Analyzed the current state of the legal status of the territorial community, the basic of the modern constitutional project initiatives in part on local self-government in Ukraine from the position of the principles of classical muncipalism. We separately consider the possible risks with the possibility of introduction in Ukraine of Institute of the prefects and new mechanism of control over activity of local governments, draws attention to the shortcomings of legal support of process of formation of territorial basis of local government - the creation of local com-munities who owned the resource base necessary to ensure compliance with the tasks and powers transferred to local government during the decentralization. Proposed separateproposals to prevent possible conflicts of laws and organizational conflicts that can arise in the application of the provisions of the law of Ukraine «On Association of territorial communities».

AUTHORITIES OF LOCAL SELF-GOVERNMENT BODIES AS SUBJECTS OF LAND LEGAL RELATIONS IN THE CAPITAL OF UKRAINE – THE HERO CITY OF KYIV

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Local Governments ◽  
Legal Status ◽  
City Council ◽  
Executive Power ◽  
City Community ◽  
Territorial Unit ◽  
The Law ◽  
City State ◽  
The Impact ◽  
The City

The problems of the study are conditioned by the need to combine in Kyiv among the powers of bodies whose competence includes the disposal of land within the city, taking into account in the process of such disposal the need for the city to perform the functions of capital and at the same time prevent narrowing of land rights. The capital of Ukraine - the city of Kyiv, is a special administrative-territorial unit within which local governments perform not only the powers provided by the Law of Ukraine "On Local Self-Government in Ukraine", but also the Law of Ukraine "On the capital of Ukraine - the hero city of Kyiv". state executive power is exercised by the executive body of the Kyiv City Council - the Kyiv City State Administration, and has double subordination. The article aims to investigate the impact of the dual legal regime of the city as the capital of the state and as the territory of the city community on the implementation of land powers of local governments. Local governments on behalf of and in the interests of territorial communities under current law, endowed with the competence to transfer objects of communal property for permanent or temporary use to legal entities and individuals, rent them, sell and buy, use as collateral, resolve their alienation, to determine in agreements and contracts the conditions of use and financing of objects that are privatized and transferred for use and lease. Land powers of local governments in the city - the heroes of Kiev provide a combination of powers of owner and manager, so the classic model of the owner, who at his discretion disposes of property, is affected by the administrative and legal status of such bodies, which causes action against such property only within, on the basis and in the manner prescribed by the Constitution and laws of Ukraine.

scholarly journals SUBJECTS OF ADMINISTRATIVE AND LEGAL SUPPORT IDENTIFICATION OF CHILDREN SEPARATED WITH FAMILY IN UKRAINE

2020 ◽  
pp. 205-210
Author(s):  
А. М. Мамульчик
Keyword(s):  
Parental Care ◽  
Public Administration ◽  
Local Governments ◽  
Legal Status ◽  
Refugee Status ◽  
Public Authorities ◽  
Her Family ◽  
The Family ◽  
Additional Protection ◽  
The Status

The relevance of the article is that the granting of special status «child divorced from the family» in the Ukrainian legislation includes three aspects: 1) identification of a person who is a child separated from the family; 2) granting the status of «child deprived of parental care»; 3) it is possible to grant the status of “refugee” or “person in need of additional protection”, as any person recognized as a child divorced from a family is recognized as a child deprived of parental care and can apply for asylum in Ukraine (and receive refugee status or a person in need of additional protection). Each of the identified aspects of the above status is the responsibility of certain public authorities, ie public administration entities, which are endowed with the appropriate powers. The purpose of the article is to identify the subjects of administrative and legal support for the identification of children separated from their families, ie the subjects of public administration, which are empowered to identify such children in Ukraine. It was found that in fact, the identification of a child separated from the family at the present stage in Ukraine does not belong to the responsibilities of public administration, but is the responsibility of the child who was forced to leave the country of origin or residence and arrived in the territory of Ukraine unaccompanied by a family member or persons determined by law/custom who are responsible for such a person, or who were left unaccompanied after arriving on the territory of Ukraine, or its legal representatives. In our opinion, the absence in the legal acts that determine the legal status of public administration entities, whose activities include the identification of children separated from their families, their obligation to identify such children is a shortcoming of administrative and legal support for child status. , separated from her family, in Ukraine. It is determined that the subjects of public administration, which have the authority to identify children separated from their families, include the State Border Guard Service of Ukraine, executive authorities, local governments, the National Police of Ukraine, the Prosecutor’s Office of Ukraine.

Сurrent legislative initiatives in the area of local self-government in the capital of Ukraine. Experience of expert analysis.

Legal Ukraine ◽  
2019 ◽  
pp. 10-20
Author(s):  
Alexander Batanov
Keyword(s):  
Organizational Structures ◽  
City Council ◽  
Executive Power ◽  
Metropolitan Functions ◽  
The Status ◽  
Expert Analysis ◽  
Urban Issues ◽  
City State ◽  
Internal And External Factors ◽  
The City

The article deals with the status of constitutional and legal support for the realization of the status of the city of Kyiv as the capital of Ukraine, as well as the conceptual problems of the current legislative initiatives in the sphere of local self-government and executive power in the city of Kyiv, using the experience of expert analysis. It is noted that over the years that have passed since the adoption of the legislative acts that determined the peculiarities and specifics of the organization and functioning of local self-government and executive power in the city of Kyiv, the corresponding relations have developed quite contradictory both in terms of the implementation of capital functions and activities of organizational structures of the city authorities, first of all, the Kyiv mayor, the Kyiv city council, the Kyiv city state administration, implementation of management in the districts of cities, etc. The set of objective and subjective reasons, legal, political and socioeconomic, internal and external factors, which necessitate improvement of legislative support of the organization and functioning of local selfgovernment and executive power in the city of Kyiv, are considered. A critical analysis of the drafts of the new version of the Law of Ukraine «On the Capital of Ukraine – Hero City Kyiv» is carried out (Reg. No. 2143 of 13.09.2019; Reg. No. 2143-1 of 19.09.2019; Reg. No. 2143-2 of 24.09.2019; Reg. No. 2143-3 of 24/09/2019). It is proved that these draft laws contain a number of conceptual shortcomings related to the regulation of metropolitan functions, the status of local self-government and executive power in the city of Kyiv, their tasks and competences, the place and role of the Charter of the territorial community of the city of Kyiv in the process of solving urban issues values, etc. The general conclusion is that the mechanism of implementation of local self-government and executive power in the city of Kyiv is extremely contradictory and inefficient, and modern legislative initiatives in the sphere of ensuring the status of the city of Kyiv not only eliminate the existing gaps and defects, but also create new problems of political, legal and socioeconomic, functional and institutional nature. Key words: capital of Ukraine, metropolitan functions, local selfgovernment, executive power, territorial community.

scholarly journals PROBLEM OF INSTITUTIONAL PROVISION OF ECONOMIC DEVELOPMENT OF TERRITORIAL COMMUNITIES IN UKRAINE

2017 ◽  
Vol 19 (1(63)) ◽  
pp. 18-22
Author(s):  
A.M. Araftenii
Keyword(s):  
Economic Development ◽  
Local Governments ◽  
Legal Status ◽  
Living Environment ◽  
Basic Principles ◽  
The People ◽  
Territorial Unit ◽  
The Status ◽  
The Right ◽  
Determining Factor

This article is devoted to the problem of institutional provision of socio-economic development of territorial communities in Ukraine, analysis of the peculiarities of administrative and territorial modernization at the regional level, streamlining of the system and structure of local authorities, as well as substantiation of the basic principles that are intended to ensure the effectiveness of institutional modernization of territorial communities in Ukraine . The system of local self-government does not meet the needs of society. Local governments do not have the necessary levers of influence, properly fulfill their functions in most of the territorial communities, do not ensure the creation and maintenance of a suitable living environment, which is necessary for the full development of the person, the protection of his rights, self-realization and providing the population with local self-government available administrative, social And other services in certain areas. The formation of self-sufficient, active and active territorial communities in Ukraine is a determining factor in the democratization of Ukrainian society and the realization of the constitutionally enshrined right of the people as the only source of power in our state. It is important for communities to create appropriate government institutions that are accountable to them and are in control, and which are actually effective. A territorial community is a collection of citizens of Ukraine who live together in a rural or urban settlement, have their collective interests and legal status, which is determined by law. Unlike a simple territorial unit, a settlement that has the status of a territorial community is given certain rights. First of all, this is the right to self-government. The united territorial communities will become a territorial unit of regional subordination. The institutional provision of territorial communities in Ukraine requires not only theoretical reflection and substantiation. Any theories are only worth something when they are tested in practice.

scholarly journals Penguatan Masyarakat Hukum Adat dalam Undang-Undang Nomor 6 Tahun 2014 Tentang Desa dari Perspektif Kajian Yuridis

2018 ◽  
Vol 2 (3) ◽  
pp. 74-104
Author(s):  
Mulyanto
Keyword(s):  
Indigenous People ◽  
Local Governments ◽  
Legal Status ◽  
Secondary Data ◽  
Customary Law ◽  
Political Will ◽  
Legal Subject ◽  
Analysis Techniques ◽  
Object Of Study ◽  
The Village

Tujuan dari penelitian ini untuk mendeskripsikan penguatan masyarakat hukum adat dalam Undang-Undang Nomor 6 Tahun 2014 tentang Desa. Metode penelitian yang digunakan adalah metode hukum normatif yang bersifat deskriptif. Penelitian ini menempatkan sistem norma dalam Undang-Undang Nomor 6 Tahun 2014 tentang Desa sebagai objek kajian. Penelitian ini menggunakan data sekunder yang terdiri dar bahan hukum primer dan bahan hukum sekunder. Teknik analisis data secara kualitatif dengan menggunakan theoritical interpretatif dengan menafsirkan data yang dikumpulkan berdasarkan teori sebagai kerangka berpikir. Hasil penelitian menunjukkan bahwa pengakuan masyarakat hukum adat telah dijamin dalam Konstitusi baik itu UUD 1945 Pra Amendemen maupun UUD 1945 Pasca Amendemen. Penguatan Masyarakat Hukum Adat dalam UU No. 6 Tahun 2014 tentang Desa dengan menganut asas rekognisi yang merupakan asas pengakuan dan penghormatan negara terhadap kesatuan masyarakat hukum adat berupa otonomi komunitas. Implikasinya terjadi peningkatan status hukum dari kesatuan masyarakat hukum adat menjadi desa adat dengan status sebagai subjek hukum. Kebijakan penguatan masyarakat hukum adat tersebut secara formil masih membutuhkan political will pemerintah daerah dan inisasi Masyarakat Hukum Adat untuk mengikuti prosedur menjadi Desa Adat. The objective of research to describe the understanding of indigenous people in Act No. 6 of 2014 concerning the village. The method used is the method descriptive normative law. This study puts the system of norms in Act No. 6 of 2014 on the village as an object of study. This study uses secondary data consisting dar primary legal materials and secondary law. Qualitative data analysis techniques using interpretative theoritical to interpret the data collected under the theory as a framework. The results showed that the recognition of indigenous people has been guaranteed in the Constitution is the Constitution of 1945 Before the Amendment and the Constitution of 1945 After the changes. Strengthening indigenous people in uUndang Act No. 6 of 2014 with the principles of recognition which is a principle of recognition and respect for the state of the law community unit in the form of community autonomy. The implication an increase in the legal status of customary law community unit into a traditional village with its status as a legal subject. Strengthening public policy formally customary law still requires the political will of local governments and the initiation indigenous people to follow the procedure becomes a traditional village.

scholarly journals Formation of local self-government bodies of Ukraine in soviet times

2020 ◽  
pp. 154-160
Author(s):  
Yuriy Maksimenko
Keyword(s):  
Legal Status ◽  
The State ◽  
Soviet Period ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
Independent State ◽  
Evolutionary Changes ◽  
The Status ◽  
Territorial Organization ◽  
State Governance

oday, as a result of the reform of decentralization and administrative-territorial organization, actually a new administrative-territorialunit is being established in Ukraine – a united community. But the basis and at the same time the reason for the joint of communitieswere first of all the most numerous local and at the same time the smallest administrative-territorial units in Ukraine – villagecouncils, inherited by Ukraine since Soviet times.Historically, the state and municipal system of modern Ukraine did not arise by itself, but was built on the “foundation” of theSoviet era, because Ukraine as an independent state is the successor of the Ukrainian Soviet Socialist Republic (USSR), which, in turn –the Ukrainian Socialist Soviet Republic (USSR), founded 100 years ago – in 1919. The smallest local authority in Soviet times and afterthe declaration of independence in Ukraine was the village council, which for a hundred years of its existence evolved from a componentof the mechanism of state governance at places to the basic level of local self-government.The article presents the result of historical and legal study of the establishment and development of the structural organization oflocal administrative bodies in Ukraine during the Soviet era on the example of village councils, their legal status, structure, main powersand tasks done by these bodies and the status of their members and officials. Village councils became the basic bodies of local managementof Soviet Ukraine and its smallest administrative-territorial units. On the basis of the organization of the activities of Sovietvillage councils with certain evolutionary changes, local self-governing bodies – village councils of independent Ukraine – still functiontoday. Investigation of formation and development of these bodies in the Soviet period of the history of the state and law of Ukrainedeserves the attention of legal science, including in the current reform of decentralization and administrative-territorial organization.

scholarly journals LEGAL STATUS OF SPORTS FANS IN UKRAINE

2020 ◽  
Vol 1 (9) ◽  
pp. 38-43
Author(s):  
Svitlana Poliarush ◽  
Keyword(s):  
Local Governments ◽  
Legal Status ◽  
Government Agencies ◽  
Sports Fans ◽  
Historical Aspect ◽  
Sports Organizations ◽  
Football Clubs ◽  
Football Fans ◽  
The Status ◽  
Fruitful Cooperation

The article attempts to characterize the legal status of sports fans in Ukraine using the experience of foreign countries. Attention is paid to the historical aspect of the formation of sports fans in the world. The author dwelled on the movement of football fans in the twentieth century. Based on modern research by Ukrainian scientists, a classification of certain categories of football fans is presented. The article argues that sports fans are a kind of challenge to government agencies, and sometimes to society as a whole, so the ability to work with such informal entities, where the composition is dominated by young people, is a key task of government agencies. Examples of fruitful cooperation between the state, local governments and volunteers in the form of fan projects with football fans in Germany and Belgium are given. It was stated that cooperation in Ukraine is still carried out at the level of the football club and fans. The introduction of the position of the Officer for work with football fans in football clubs is positively assessed. The specifics of the Ukrainian fan football movement are pointed out - it is strongly influenced by politics. It is emphasized that in Ukraine, so far, there is no law that would regulate the legal status of sports fans. A number of international agreements, acts of international sports organizations and Ukrainian legislative, by-laws and local regulations are analyzed in the context of clarifying the set of rights and obligations of sports fans (mostly football). It is established that the status of sports fans is determined only within the limits of achieving the goal of ensuring the safety of sports competitions. It is proposed to develop a special law in the future, which would establish the legal status of sports fans and the fan movement in general. Particular attention is paid to the clear wording of the rights of sports fans.

scholarly journals EKSISTENSI TANAH BENGKOK SETELAH BERUBAHNYA PEMERINTAH DESA MENJADI PEMERINTAH KELURAHAN (STUDI KASUS DI WILAYAH KELURAHAN KELAPA DUA DAN KELURAHAN BENCONGAN, KECAMATAN KELAPA DUA, KABUPATEN TANGERANG)

2019 ◽  
Vol 2 (2) ◽  
pp. 558
Author(s):  
Syihabudin Sya’ban S.P. ◽  
Hanafi Tanawijaya
Keyword(s):  
Land Use ◽  
Local Government ◽  
Local Governments ◽  
Autonomous Region ◽  
Urban Village ◽  
The Status ◽  
Village Government ◽  
The Village

Land the village treasury as assets of village growing based on tradition or customs living in communities. The twisted now called the village or official known as land use village, the twisted is old term born and developed in the community Java or Bengkok Village, formally known as the rights of use. Status village fights of use to the local government assets when the status of his rule chage from village into kelurahan. When turned into autonomous region district be automatically village asset to be an local governments. When village status turned info village the assets rurn into local government owned by the village and released earlier. The twisted is a village asset used to substitute salary and given as payment for village officials. After the village government to kelurahan, and so the twisted could not be us as wages. This happened in urban village Kelapa Dua and urban village Bencongan.

scholarly journals Investigating the status of Health System Cooperation with City Councils and Municipalities in Iran (Documents’ Analysis)

2021 ◽  
Keyword(s):  
Health System ◽  
Sample Selection ◽  
City Council ◽  
Analysis Model ◽  
Ministry Of Health ◽  
City Councils ◽  
The Status ◽  
Collection Data ◽  
Health Related ◽  
Health Objectives

Background: The existence of partnerships between the health system and other organizations, especially city councils and municipalities, which have inherent and legal duties in this regard, is of particular importance in the promotion of public health. Objectives: The present study aimed to assess the status of Health System cooperation with City councils and municipalities in Iran based on rules and documents. Methods: Altheide’s document analysis model (sample selection, data collection, data organization, data analysis, and reporting) was used to prepare and analyze the documents pertaining to the status of Health System cooperation with city councils and municipalities. The documents were classified at three levels of national rules, policies, and guidelines; Ministry of Health (MOH) and city council approvals; and eventually Tehran municipality’s measures. Results: A total of 78 documents were analyzed, including 17 documents at the level of national rules, policies, and guidelines; 8 documents at the level of Ministry of Health and city council approvals; and 53 documents at the level of municipality’s measures. Conclusion: There are adequate legal capacities for designing, planning, executing, as well as creating interaction and cooperation between the health system and other organizations, especially city councils and municipalities. Moreover, the motives behind creating purposeful and scheduled cooperation and participation are evident among the officials of the health system and city councils and municipalities. Some mechanisms have been established for cross-sectoral cooperation between the health system and other health-related bodies. Nonetheless, these structures lack the necessary competence, appropriateness, and adequacy to create the desired partnership. Moreover, sufficient attention is not devoted to existing capacities in municipalities and the city council. Accordingly, it is necessary to have a fundamental review on the available structures and enough attention has to be paid to the evident and hidden legal capacities in city councils and municipalities, as well as the Ministry of Health, to design an appropriate structure, create competent interaction, and provide more cooperation between the two organizations.

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