Legal and regulative foundation of securing the development of consolidated territorial communities in conditions of decentralization

2019 ◽  
pp. 16-19
Author(s):  
Oryslava Korkuna ◽  
Ivan Korkuna ◽  
Oleh Tsilnyk
Keyword(s):  
Development Strategy ◽  
Local Governments ◽  
Local Governance ◽  
Legal Regulation ◽  
Major Elements ◽  
The Development Strategy ◽  
Social Entity ◽  
European Standards ◽  
Definition Of ◽  
State Regional

Development of a territorial community requires efficient use of its capacity taking into account all possible aspects in the course of elaboration and implementation of the development strategy and other local legal and regulative documents. The approach is directly related to maintaining the living activity of a territorial community and should correspond to the interests of population and European standards of state regional policy. In addition to the definition of a community provided by the Law of Ukraine “On Local Governance in Ukraine”, there are also some other. For example, some authors understand territorial community as a single natural and social entity that operates in spatial boundaries of a state and realizes daily needs and interests of population. The paper aims to analyze legal and regulative foundation of the development of territorial communities in conditions of decentralization. The authors analyze current condition of legal and regulative maintenance of local governance reforming in Ukraine in conditions of decentralization of authorities. The paper argues that the major elements of management strategy in CTCs in Ukraine are independence, efficiency, management innovations, quicker and more substantiated decision-making and everything to meet the needs of community’s residents. Management of this sector is grounded on the principles of the provisions of European Charter of Local Self-Government that provides for decentralization of authorities and transfer of resources and responsibilities to local governments. Liabilities of local governments (of consolidated territorial communities) and the mayors are analyzed. The authors prove that in general legal provision of decentralization of local governance corresponds to European requirements and creates reliable ground for practical stage of the reform. The list of issues that require further legal regulation is outlined.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

scholarly journals Delegation of State Powers to Local Self-Government Bodies: Foreign Experience and Ukrainian Realities

2019 ◽  
Vol 9 (3) ◽  
pp. 262-285
Author(s):  
Svitlana Serohina ◽  
Iryna Bodrova ◽  
Anna Novak
Keyword(s):  
Local Governments ◽  
Comparative Research ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Logical Analysis ◽  
Foreign Experience ◽  
Depth Analysis ◽  
European Standards ◽  
Delegation Of Powers

AbstractThis article is devoted to the study of the problems of the delegation of state powers to local self-government bodies. The paper reveals the pluralism of approaches to the organization of models of such interaction in the countries where various doctrines of the organization and functioning of local self-government prevail (the state-oriented doctrine, the community-oriented doctrine, and the doctrine of municipal dualism). Using the example of various European states (grouped on the basis of the prevailing doctrines presented above for convenience), we reveal specific schemes for the legal regulation of interaction within such relations, their positive features, and drawbacks. The obtained data presented in a compressed form in the paper also features an in-depth analysis of the constitutional and legal regulation of the delegation of state powers to local governments in Ukraine. An important element of the novelty of the study was the projection of modern Ukrainian problems in the field of delegated powers through the prism of the existing European systems and relevant experience, thereby complementing this study with a comparative dimension.Conclusions made by the authors feature a set of recommendations based on the conducted comparative research and on formal and logical analysis of compliance of the domestic model of the delegation of powers with the provisions of the European Charter of Local Self-Government. Taking into account the fact that European standards in the sphere of the delegation of powers (depends on the adoption of amendments to the Constitution of Ukraine and the Law ‘On delegation of separate powers of executive authorities to local self-government bodies’) are not yet implemented in Ukraine, we believe that this research will not only be useful in the context of theoretical and scientific research of the issue but also has the potential to contribute to the development and implementation of relevant legislation.

scholarly journals Legal Regulation of Ecotourism Infrastructure Development in the Region

2020 ◽  
pp. 160-165
Author(s):  
L. Bezuhla ◽  
Keyword(s):  
Development Strategy ◽  
Legal Regulation ◽  
Infrastructure Development ◽  
Financial Instruments ◽  
Implementation Plan ◽  
Private Partnership ◽  
Institutional Conditions ◽  
The Development Strategy ◽  
Regional System ◽  
Ecological Tourism

The article analyzes and summarizes the current legislative and regulatory framework governing the development of rural green (ecological) tourism in Ukraine. It is established that in legislative and normative legal acts there are no formulations of the terms "ecotourism activity" and "ecotourism infrastructure". The general principles of functioning and development of ecotourism infrastructure as a component of the tourist system at the national and regional levels are not prescribed. Appropriate institutional conditions for the formation of ecotourism infrastructure in the regions have not been determined. It was found that most strategic programs in various areas of development of Dnipropetrovsk region do not mention the formation of ecotourism infrastructure as a key component of the regional system of tourism business, and did not develop a financial mechanism for its operation with non-traditional sources of investment and financial instruments, including public-private partnership. The Implementation Plan of the Development Strategy of Dnipropetrovsk region does not pay enough attention to the implementation of measures to promote the creation and intensive operation of ecotourism infrastructure. Proposals for improving the legal regulation of ecotourism infrastructure development in the region are provided.

scholarly journals On the Preparation and Implementation of the Urban Reform of Public Self-Government of 1870

2020 ◽  
Vol 12 ◽  
pp. 33-36
Author(s):  
Natalya N. Okutina ◽  
Keyword(s):  
Local Governments ◽  
Organizational Design ◽  
Local Governance ◽  
Legal Regulation ◽  
Russian Empire ◽  
Present Stage ◽  
Stage Of Development ◽  
Legal Science ◽  
The Russian Empire ◽  
The City

The study of the experience of legal regulation of city authorities in the Russian Empire is one of the most interesting issues of historical and legal science today. Filling our historical vision of the development of local governance will allow further reform of local governance at the present stage of development. The author paid special attention to the issue of legal regulation and organizational design of the system of local governments according to the City Regulation of 1870. The article considers the competence of city institutions, conducted a short analysis of the interaction of state authorities with city authorities.

scholarly journals Econometric Analysis of Tourist Demand in the Absheron Peninsula (Baku-Azerbaijan)

2020 ◽  
Vol 11 (3) ◽  
pp. 251
Author(s):  
Gadir Bayramli ◽  
Vasif Aliyev
Keyword(s):  
Development Strategy ◽  
Economic Factor ◽  
Research Process ◽  
Tourism Industry ◽  
Modern World ◽  
The Development Strategy ◽  
Tourist Demand ◽  
Definition Of ◽  
Market Infrastructure ◽  
Further Development

In today’s modern world, tourism has become an ascendant business, withal one of the most remuneratively lucrative and dynamic sectors of the economy. The tourism business is correspondingly developing on the Absheron Peninsula (Baku-Azerbaijan), where the development strategy is mainly conducted by the state. Since tourism has an impact on the development of the territory: it avails to replenish the budget, ameliorate convivial and market infrastructure, engender incipient jobs and contributes to the development of employment, the main directions of state measures for the development of the tourism industry of the Absheron Peninsula are withal identified. Since the tourism industry is developing on the Absheron Peninsula (Baku-Azerbaijan), it is suggested to develop new tours and routes, ways to expand cooperation with leading universities of the world in order to develop exchange of experience. The article discusses the historical development of tourism on the Absheron Peninsula (Baku- Azerbaijan). The definition of the rudimental concepts of the tourism industry on the peninsula is provided, the socio-economic factors in this area are deemed. Since the economic factor plays a paramount role in the development of this area, the key development areas are identified. The research results can be applied in the further development of the Absheron Peninsula tourism business (Baku-Azerbaijan). The study is predicated on an analysis of literary and statistical sources. The fundamental data in the research process were designators of the tourism industry in Azerbaijan. The assessment of the prospects of tourism development on the Absheron Peninsula (Baku-Azerbaijan) is presented. Thereafter, the estimation methodology is discussed with a presentation of the univariate characteristics of the data. Determinately, the estimation results are discussed and conclusions are drawn from the findings. The consequentiality of the financial component of scholastic tours that require certain investments is indicated. In the process of research, quandaries were identified along with their solutions.

scholarly journals Cultural Mandate of Local Governance: Running in Place

Federalism ◽  
2020 ◽  
pp. 90-106
Author(s):  
V. Yu. Muzychuk
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Public Libraries ◽  
Local Governance ◽  
Public Funding ◽  
Cultural Institutions ◽  
Managerial Decisions ◽  
Cultural Mandate ◽  
Cultural Sphere ◽  
Definition Of

At present, local governments are unable to fulfil their cultural mandate either in terms of their functionality, or in the context of the required funding, or in terms of the scale and importance of tasks related to the development of culture. The article examines the problem of the ability of local governments to address the cultural agenda: the content of the network of municipal cultural institutions and ensuring the availability of cultural goods for the general population. The actions of the state over the past three decades testify to the implementation in Russia of managerial decisions that are extremely unfriendly to the cultural sphere. Firstly, we are talking about the reform of the budgetary sector, marked by the optimization, unification and commercialization of cultural institutions and a reduction in the number of employees. Secondly, within the framework of the reform of local government, all responsibility for the functioning of the so-called grassroots level of culture: public libraries, cultural and leisure institutions, local museums and art schools was transferred to the municipal level without bringing the required amount of public funding. The situation is aggravated by the accumulated socio-economic problems of municipalities, which reflected in the cultural sphere. A way out of the closed circle is seen in the revision and a clear definition of the area of responsibility of local government bodies in the field of culture and guaranteed public funding.

scholarly journals Strategi Pembangunan Dan Pengembangan Permukiman Dalam Penanganan Permukiman Kumuh Di Jawa Timur

2020 ◽  
Vol 1 (2) ◽  
pp. 84-98
Author(s):  
Niken Dyah Nawang Wulan ◽  
Andre prasetyo Widodo
Keyword(s):  
Population Density ◽  
Development Strategy ◽  
Local Governments ◽  
Qualitative Method ◽  
Descriptive Analysis ◽  
High Population Density ◽  
Government Programs ◽  
The Development Strategy ◽  
Comparative Government ◽  
Development Failure

AbstrakPermukiman kumuh merupakan wilayah yang lahir karena kegagalan pembangunan, kemiskinan dan tingkat kepadatan penduduk tinggi. Seperti yang kita ketahui, permukiman kumuh tidak memenuhi kriteria permukiman layak huni. Penelitian ini akan membahas bagaimana strategi pembangunan dan pengembangan infrastruktur permukiman oleh pemerintah daerah dalam penanganan permukiman kumuh di Jawa Timur. Penelitian ini menggunakan metode kualitatif dengan cara deskriptif analisis melalui data yang diperoleh dari studi kepustakaan. Hasil dari studi kepustakan merupakan komparatif program pemerintah dari dua wilayah yaitu Kabupaten Sidoarjo dan Kota Malang. Berdasarkan hasil studi komparatif dari kedua wilayah tersebut dapat diketahui pelaksanaan program KOTAKU (Kota Tanpa Kumuh) dan capaian yang telah diperoleh kedua wilayah tersebut.Kata Kunci: Pembangunan; Infrastruktur; Permukiman Kumuh; AbstractSlums are areas that were born because of development failure, poverty and high population density. As we know, slums do not meet the criteria for habitation. This research will discuss how the development strategy and development of settlement infrastructure by local governments in handling slums in East Java. This Study uses a qualitative method by means of descriptive analysis through data obtained from literatur studies. The result of the literatur study are comparative government programs from two regions namely Sidoarjo Regency and Malang city. Based on the result of a comparative study of the two regions, it can be seen the implementation of the KOTAKU (City Without Slums) program and the achievements that have been obtained by the two regions. Keywords: Development; Infrastructure; Slums;

scholarly journals Analisa biaya pengembangan objek wisata air di perairan Sungai Siak bagi masyarakat Rumbai Pesisir Pekanbaru

2020 ◽  
Vol 2 ◽  
pp. 478-487
Author(s):  
Joko Risanto
Keyword(s):  
Development Strategy ◽  
Local Governments ◽  
Small And Medium Enterprises ◽  
Active Role ◽  
Tourism Industry ◽  
Costs And Benefits ◽  
Research Activity ◽  
The Public ◽  
The Development Strategy ◽  
Medium Enterprises

Ekowisata is a regional environmental (ecological) based tourism development. The coast of the Siak River is an area that has the potential to attract tourism and at the same time improve the economy of local communities. A strategy is needed to motivate the public and business actors to take an active role in the tourism industry. Investors have to consider the costs and benefits of investing. The community also has limited capital to do business. So in this research activity the team divides the development strategy into three targets, namely the first target is to increase public interest through small and medium enterprises, the second is to provide encouragement to local governments, namely the sub-district (kelurahan) to prepare groups of middle economic actors and the third is to provide opportunities for investors. to manage the water tourism industry in collaboration with the community. One form of the community's active role is to invite them to build tourist icons on the coast of the Siak River and provide training in making Malay culinary.

scholarly journals Legal regulation of tourist tax: some problems

2021 ◽  
Vol 66 ◽  
pp. 162-167
Author(s):  
O.Yu. Tatarenko
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Conceptual Framework ◽  
Local Governments ◽  
Legal Regulation ◽  
Administrative Unit ◽  
Local Budget ◽  
Tax Payments ◽  
Definition Of ◽  
The Right

The search for effective sources of filling local budgets leads to the establishment of various local tax payments. The legislator defined the tourist tax as a local tax, the funds from which are credited to the local budget. Is it possible to recognize a certain payment as a «tourist tax» if there are signs of belonging and direction of funds? The article is devoted to some problems of legal regulation of tourist tax in Ukraine. The work focuses on establishing the legal content and essence of the tourist tax, as well as the rules governing the collection of this tax payment. The views of scholars on the legal content of the tourist tax are considered. Based on the analysis of the provisions of the legislation, the peculiarities and some shortcomings of the legal regulation of the collection of tourist tax are revealed. It was found that the normatively defined definition of «tourist tax» does not allow to reveal the essence and highlight the specific features of this mandatory payment. The tourist tax does not belong to the tax payments that are subject to mandatory establishment by local governments, the decision on this payment depends on the discretion of the local government. The substantiation of the establishment of the tourist tax should correspond to the objective needs of a certain territorial-administrative unit, and the definition of the circle of payers of this tax payment should be in accordance with the constitutional bases of guaranteeing the right of ownership. The article provides a list of current regulations governing the collection of tourist tax. The peculiarities and criteria for determining the preconditions for the obligation to pay the tourist tax are revealed. It is noted the need to define and form a conceptual framework that characterizes the essence of the tourist tax and amendments to the Tax Code of Ukraine, which will reflect the updated model of tourist tax. The results of the study can be used in lawmaking and law enforcement, as well as further research.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

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