scholarly journals Self-government of territorial communities and the Constitution — the search for consensus or a conceptual revolution?

Legal Ukraine ◽  
2019 ◽  
pp. 47-53
Author(s):  

The state begins a public discussion of amendments to the Constitution of Ukraine regarding decentralization of power. It is assumed that the system of local self-government and a new territorial organization of power will be consolidated, as well as the decentralization of power. The principles that are laid down in the text of the European Charter of Local Self-Government will also be introduced. These principles are basic for the implementation of an appropriate level of management and development of local self-government. Inadequate reproduction of the principles of the European Charter of Local Self-Government leads to the dependence of the institutions of local self-government, «second-rate» territorial communities and the declarative nature of municipal authorities, the growth of its dependence and accountability to public authorities. The existing legislative base of local self-government in Ukraine and the projects that were implemented in the field of formation and development of territorial communities are fragmented. Relevant is a comprehensive solution to the main problem of the organization and functioning of local self-government in modern Ukraine. Such is the creation of constitutional legal conditions for the formation of territorial communities as primary subjects of local self-government, the main carriers of its functions and powers. Different countries apply different management systems at the local level (within the respective administrative-territorial units), the choice of which is influenced by such factors as: state regime, form of government, different approach to understanding the essence and nature of state power, and delimitation of administrative-territorial units into «natural» and «artificial», national and historical features and traditions, and the like. Conclusion: the generally proposed position on replacing the term «territorial community» with «residents of the municipality», especially from the point of view of increasing the subjectivity of local authorities, should be considered an attempt at a conceptual upheaval of the constitutional legal understanding of the essence of local self-government in Ukraine. Key words: self-government of territorial communities, decentralization, local self-government, the Constitution.

2019 ◽  
Vol 11 (1) ◽  
pp. 31
Author(s):  
Roxana Constanţa Enache ◽  
Ana-Maria Aurelia Petrescu ◽  
Camelia Stăiculescu ◽  
Alina Crişan

Education can, without a doubt, be a long-term solution to the problems of a multi-ethnic and multicultural society. From a defensive and seclusion closure, schools can become places of openings and communication. From an instrument of assimilation and strengthening of nationalistic characteristics, school can become a tool for the formation of young people, which respecting cultural diversity. With the help of sensitization and training actions, of the representatives of the multiethnic institutions of education, as well as of the local public authorities and the representatives of the civil society, the achievement of these objectives and the prevention of possible tensions will be achieved. These actions can turn school into a true community center and allow them to better respond to specific needs. The intercultural perspective must be at the base of the learning process addressed to all, minorities and majority. The implementation of intercultural education activities, especially in communities with a multicultural character, within the part of the curriculum decided by the school, will contribute to a better knowledge among the different communities, but also to the strengthening of the social cohesion at the local level. Also, intercultural education activities should aim to strengthen the links between school and community - civil society, as well as better communication between school and local authorities.In this paper we want to identify the elements of intercultural education existing in the curriculum of the Romanian education and the way in which interculturality can be promoted as a European competence.Intercultural communication as a trainer’s competence should be considered as a priority both from the point of view of European standards and at national level. Therefore, the professors’ concerns should focus primarily on encouraging behaviors, attitudes and values so as to cause the individual to react desirably to fear, anxiety, curiosity, labeling, ethnocentrism etc.; the development of implicit or explicit hierarchical relations between groups and their impact on communication; on exercising the students’ competences to perceive time and space, the rapport between them, the system of values and beliefs, the way of feeling and thinking, the types of behavior, that is, the entire habitus that each individual accomplishes by socializing in the determined cultural environment ; on the development of identity strategies that participants put into practice to defend themselves against destabilization, to affirm their own identity, to integrate in the group, to make a positive image, to differentiate themselves, to individualize


Author(s):  
Ruslan Hwan

The purpose of this article is to study doctrinal approaches to determining the components of system blocks – sections of muni -cipal reform in Ukraine in the context of their implementation.It is argued that the process of municipal reform has been carried out in Ukraine for many years and is characterized by the participationof a wide range of participants, from public authorities to institutional structures of civil society and international intergo -vernmental organizations that develop individually or collectively relevant municipal reform projects. goals, methods and forms ofimplementation, their priority and level of organizational and organizational and legal support and provision.It is argued that, on the one hand, a large number of concepts and program regulations of municipal reform contributes to slowingdown its pace and difficulties in choosing a national system of EOM, and on the other – demonstrates, concretizes, details the position of participants in municipal reform, appropriate methods and means of its implementation, and what is the main subject of this article –system blocks – sections of municipal reform concerning the legislative support of local government, the formation of real legal personalityof territorial communities, the formation of its own competence of local governments, improvement mechanisms of local protectionof human rights and freedoms (individual) at the local level of society, the final formation of the territorial organization of power,etc.


Lex Russica ◽  
2021 ◽  
pp. 80-88
Author(s):  
A. R. Gilmullin

The paper is devoted to the fundamental issues of modern legal regulation, in particular, its grounds and limits. The author substantiates the position according to which the absence of certain essential imperatives of law that help direct and restrict the functioning of public authorities and other subjects, complicates the activities of the latter, concedes its inconsistency and spontaneity, creates conditions for the perception of law as a kind of "designer" of economic, political and other relations. According to the author, the lack of unified conceptual criteria in determining the essence of law leads to an imbalance in public relations, to their turbulence at all levels (national, international, etc.) and as a result has a detrimental effect on the life and security of a person, society and the state.The author notes that at the present stage of civilization development, it is the economy with its interests and principles that acts as the "nerve", as the main driving mechanism in recognizing the status of the subject state. From the author’s point of view, economic interests and relations today form the world agenda, set the tone for political and legal relations, and often directly correct the value bases of other social regulators.The author summarizes that in general, the current situation in the international legal space, associated with the lack of a generally recognized doctrine of legal understanding alongside the variability and inconsistency of views in the field of human rights and freedoms based on the natural law approach, allows some subjects to arbitrarily interpret and impose certain decisions and positions in the course of their political activities, based on their own resources and potential. This supports law usurpation, making it an instrument of manipulation and blackmail in the field of politics, economics, culture, ecology, etc. in order to create the most profitable conditions and obtaining the expected results.Thus, the natural law approach, on the one hand, needs to be rethought, transformed, on the other hand, it needs to be refined or analyzed in detail when building an original concept of legal understanding.


2019 ◽  
Vol 6 (2) ◽  
pp. 35-41
Author(s):  
Andrei Viktorovich Seregin

The article analyzes the philosophical problems of legal Slavistics associated with the formation of the updated pan-Slavic state-legal ideology aimed at the development and improvement of Confederate and Federal forms of Slavic Association. The author consistently investigates conceptual, civilizational and geopolitical obstacles of the Slavic unity connected with religious, military-political and nationalist dissociation of the Slavic peoples. At the same time, the presented work suggests ways to overcome the anti-Slavic political and legal dogmas, with the help of education aimed at the formation among the Slavs of the pan-Slavic doctrine of the primacy of the Slavic communal-tribal system, built on the basis of archaic socialism (mutual responsibility and mutual assistance); Veche rule; freedom, denial of all forms of slavery; linguistic kinship; organic unity of personal and community interests, with the recognition of the unconditional primacy of sovereign values over private; as well as the supremacy of spiritual and moral principles over material needs. In practical terms, a legal project is proposed for the development of the Union State of the Republic of Belarus and the Russian Federation, which in the form of government can be a collegial Republic, in the form of state-territorial structure - a Confederation with a tendency to federalization and a democratic-polyarchic state regime. In addition, the author believes that from a civilizational point of view, Poland, the Czech Republic and Slovakia are predisposed to unite in the West Slavic Confederation-the Great Vagria or Venea; Russia, Ukraine and Belarus, having common historical, state and religious - Orthodox roots are obliged within the framework of reunification to create the East Slavic Confederation-Svetlorossia; in the Balkans, led by Serbia, it is necessary to revive the Federal Republic of Yugoslavia with the inclusion of the Republic of Serbia, the Republic of Montenegro, the Republic of Northern Macedonia, the Republic of Bulgaria, the Republic of Serbia Krajina. Slovenia and Croatia should be merged into the Croatian-Slovenian Federation. In the future, Slavic confederal unions and the Federation, together with the Slavic communities beyond the national borders of the Slavic Nations ( for example, Sorbs in Germany) for the preservation of their identity and the free development have the potential to unite in a pan-Slavic Union state - the Great Vseslav. It is advisable to elect a collegial Republic as a form of government of the great all-Russia; a form of state-territorial unity of the Confederate-Federal Union of Slavic peoples, communities and States with a socially guaranteed regime of political democracy.


Author(s):  
Martha Ivanivna Karpa

The article reveals the main features of the competence approach in the practice of European public administration. The features of the competence approach in public administration are determined on the basis of analysis of the basic concepts of public administration. In the dynamics of the formation and development of popular theories of interaction between state and local authorities, such as the theory of a free community, community (public) and public and state (the theory of municipal dualism), we can trace a number of characteristic features of a competency approach, which manifests itself both through the general theoretical relations and manifestations, and through the practice of coexistence of public authorities. There is a problem of definition and distribution of public functions as a prerequisite for defining and shaping the competences of public institutions. An important issue in the context of a competent approach is the institutional consolidation of functions in the context of the existence of the basic models of territorial organization of power. In each of the varieties of the Governance concept (Responsive Governance concept, Democratic Governance concept, Good Governance concept), the specifics of the use of competencies are defined. The archetypal symbols in the European public administration are singled out using the analysis of competence in public administration in its main constituents. A brief description of the archetypal aspect of European public administration is given. The main components of competence are shown in connection with the existing archetypal symbols and the characteristic trends of their development. Their connection is shown according to the scheme “the entity component (who?) — the object component (what?) — the administrative component (how?) — the basis (in what environment?)”. Concerning the trends of development of a competence approach in the context of practice and theory of public administration, it is determined that modern concepts of public administration are characterized by shifting the balance between state and public institutions to the sphere of common goals and tasks, and thus responsibility. The joint activity of all subjects of society requires new forms of cooperation, definition of the spheres and subjects of each entity’s activity for effective cooperation, distribution of functions and competences of the entities, formation and consolidation of their status characteristics.


Author(s):  
Olha Zhabynets

In the process of decentralization in Ukraine, the information transparency of the management becomes important, which implies the openness and accessibility of information for all members of society. It reflects the current and perspective states of the reform process. Decentralization means not only a transferring of powers, but also financial resources and responsibilities from public authorities to local authorities. So the information publicity and transparency of the budget process should become the key indicator to estimate the effectiveness of the management of the finances of the consolidated territorial communities (CTCs). The purpose of the article is to evaluate and propose ways to increase the information publicity and transparency of the budget process at the local level. The author analyzes the implementation of the requirements of the Ukrainian legislation about informational publicity and transparency of the budget process in the CTCs of Lvivska oblast established in 2015-2017 and shows positive and negative moments in displaying of financial information on CTCs’ sites. A number of measures are proposed to increase the information publicity and transparency of the budget process at the local level. The author considers that in order to ensure publicity and transparency of the budget process in the CTCs of Lvivska oblast it is necessary: to unify and maximally simplify the mechanism of access of CTCs’ members to financial information through the standardization of the procedure for disclosure of information about the budget process; to increase the personal responsibility of the heads of the CTCs for the lack of financial information that is due to be published on the site of communities; to continuously monitor the availability and updating of information about the budget process on the CTCs’ sites in order to respond in a timely manner to the appearance of possible negative trends; to take preventive measures with the use of appropriate sanctions (fine, removal from office, etc.) in cases of delaying the submission of actual financial information to the site of CTCs, the disclosure of information in its entirety, the discovery of unreliability of financial information or other manipulations with figures or financial documents filed on CTCs’ website.


Author(s):  
Olga Leptiukhova ◽  
Marija Utkina

For more than half a century bicycle transport demonstrates its effectiveness as one of the elements of the transport network of the city. Currently, vehicles with low-power motors such as electric bicycle, electric scooter, gyrometer, segway, wheelbarrow, scooter motor and others are gaining people's attention. These vehicles can be combined into a group of low-speed individual vehicles (hereinafter - NITS) with similar re-quirements for the operational parameters of urban infrastructure. From the urban point of view, the interest in NITC is that the number of its users has increased significantly in recent years. The article presents the results of a sociological survey of residents of Serpukhov, allowing to assess the current and potential readi-ness of the population to use NITC. The growing popularity of NITC has led to an increase in the environmen-tal and economic effect, which is manifested at a particular level of development of the movement on NITC. The ecological and economic effect of the use of NITC has an extremely positive impact on the improvement of the urban environment. This article provides a list of indicators that reflect the growth in the standards of living of society from movement by the NITC, and the calculation of one of them - the increase in entrepre-neurial activity on the streets with increased traffic to the NITC. Indicators are necessary for calculation of complex criterion of efficiency and safety of street network due to development of the movement by NITC. The result will allow public authorities authorized to make decisions on the strategy of transport policy of cities to quantify the ratio of economic benefits from the development of infrastructure of the NITC with the cost of its construction and operation.


2021 ◽  
Vol 13 (12) ◽  
pp. 6752
Author(s):  
Idiano D’Adamo ◽  
Rocío González-Sánchez ◽  
Maria Sonia Medina-Salgado ◽  
Davide Settembre-Blundo

The pandemic has changed the citizens’ behavior, inducing them to avoid any real contact. This has given an incredible impulse to e-commerce; however, the complexity of the topic has not yet been adequately explored in the literature. To fill this gap, this study has a twofold purpose: (1) to investigate how European countries comparatively perform in e-commerce, and (2) to describe what are the most important challenges for the further expansion of e-commerce. To this end, we adopted a hybrid methodology based on multi-criteria decision analysis (MCDA) and a Likert scale survey. The first method allows to us rank the e-commerce performance of different European countries, while the second one looks at the problems and barriers that characterize online shopping. The results of the study show that European countries have different sensitivities to the issue of cyber-security, and among them it is possible to identify three groups with different levels of attention to the critical issues of e-commerce. The Netherlands, Sweden and Denmark belong to the group of countries most responsive to e-commerce. This request is part of a broader framework of transition toward sustainable development, i.e., a reliable digital environment where citizens and businesses can exercise their rights and freedoms in complete security. Finally, from a theoretical perspective, this paper adds a new baseline to the literature on the state of the art of e-commerce in Europe that addresses the effects of the pandemic. From a managerial point of view, decision makers can find in the results of this analysis a support for the setting of business strategies for the expansion of firms in certain markets and guidance for public authorities when defining regulatory policies for e-commerce.


1974 ◽  
Vol 31 (8) ◽  
pp. 1433-1456 ◽  
Author(s):  
P. A. Larkin

For more than 100 years efforts have been made to increase the abundance of the various species of Pacific salmon. The success of these ventures is largely a matter of conjecture because the scale of natural fluctuations is sufficient to mask the effect of human intervention. No well-defined program for salmon enhancement has yet been developed for British Columbia as a whole. This is mainly attributable to the pressures for providing protection for the existing stocks in the circumstances of an intensive fishery and increasing effects of other resource uses.From a social point of view, salmon enhancement is a highly desirable activity. Salmon occupy a special place in the culture of residents of the Pacific coast. Salmon arc economically valuable and salmon fishing provides a rich source of employment. Recreational fisheries are valuable but their true economic worth is difficult to judge. Benefit:cost ratios for salmon enhancement should be calculated for whole programs rather than for individual projects to obtain an approach consistent with the desirable strategy of development.From a biological point of view, salmon enhancement is feasible. There is potential in the ocean for growing more salmon; many historic runs can be rebuilt and there are many opportunities for colonizing watersheds that are currently inaccessible to salmon. Harvesting of increased stocks of salmon could pose risks for natural stocks that are relatively unproductive. More effective management and development of new strains of salmon may be required in these circumstances. Predator-control programs may in some instances be useful adjuncts to salmon-enhancement projects.The types of enhancement activity that will most likely be rewarding are those that interfere least with the natural life history. Removal of obstructions, regulation of stream flow, construction of artificial spawning channels, are typical simple measures that involve less research information and less risk than rearing hatcheries.Priorities for different salmon-enhancement projects involve consideration of the regional economic and social conditions as well as appreciation of the biological and physical problems. Regardless of priorities it is essential to a successful program that there be a commitment to continuity. Additionally, the total administrative complex for salmon enhancement should involve research components.The execution of a successful salmon-enhancement program depends on the establishment of an agency with the single responsibility of salmon enhancement. The financing of a successful program should depend partly on revenues generated from the resource users, such as a tax on commercially caught salmon, a license for saltwater angling. Special grants from federal and provincial governments would also be appropriate. Regardless of the administrative arrangements, it is urgently necessary that provincial government involvement be more substantial than it is at present. With their control over resource management practices, the provincial government is in a vital position for maintenance of freshwater environments.An investment of at least $100 million, and probably twice that amount, could be undertaken in a salmon-enhancement program that could be executed within 10 years. There are compelling reasons for starting on this enhancement program immediately.


Author(s):  
Andriy Stoyka ◽  

The article discusses the features of the introduction and use of modern information technologies in the management activities of state institutions. The role of the state in the regulation of information activities in the context of reforming the territorial organization of power has been clarified. The content and scope of the concept of "public management of information flows" has been determined, as well as the main tasks of ensuring information activities of public authorities. The classification of national interests in the information sphere according to their subjects has been carried out. The concept of information support in various scientific sources covering its purpose has been determined. Provided, the classification of management information according to certain categories. Tasks are proposed to overcome the negative influence of factors and ensure the effective work of state authorities of Ukraine in the field of information activities. Mechanisms for regulating the use of information potential in order to ensure the effective functioning of information policy in the field of public administration are given.


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