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Published By NGO Freedom And Democracy Foundation

2709-0906

2021 ◽  
Vol 2 (5) ◽  
pp. 52-74
Author(s):  
М. О. Baimuratov ◽  
V. P. Ozhereliev

Interstate integration functions, which are inherent in both systems – municipal law (ML) and international public law (IPL), in the process of interaction of these systems in the information and legal space of the noosphere, cause a synergistic effect, which positively affects the qualitative content of this process noosphere law (NL). Interstate integration features of ML branches according to the constitutional law (KL) of IPL subjects, which are manifested on a global scale in relation to the IPL system, allow to qualify many branches of ML as part of national law (PNL) subjects of IPL subjects as a separate legal system IPL and PNL. Therefore, at present, it is possible to assert the existence of three types of law: on the basis of the IPL system, the PNL system and the IPL system, which, in turn, has dualistic properties as a global-regional legal system. Thus, the process of interaction of IPL and ML systems due to their interstate integration functions, and, according to the concept of teleology of this process, from the beginning is focused on the emergence, formation and future development of the NSL system. However, it is necessary to monitor this process, taking into account its convergent-divergent lability and the likely strengthening of dangerous trends against the background of excessive pressure of international legal sanctions on individual entities of IPL and ML. These trends point to the threat to the world civilization system by the irreversible autarky of the largest subjects of IPL. In the current conditions, it is important that the application of the "topological double-circuit shell-nuclear information-legal Model of the noosphere" in the study of the phenomenon of synergism of IPL and ML systems allows to obtain a reliable forecast at all stages of the NSL system.


2021 ◽  
Vol 2 (5) ◽  
pp. 30-40
Author(s):  
A. A. Kalarash

The article examines the essence and features of the interests of a member of the territorial community as a consumer of municipal services, clarifying the public interest and the interest of a member of the territorial community, as well as providing characteristics of municipal services and outlining the specifics of the status of a member local governments in the formation and maintenance of such status. The notion of interests of a member of a territorial community as a consumer of municipal services is defined: it is a notion that reflects the aspirations, needs, motives, goals and ideas about the welfare of a member of such a territorial community as a local human community. self- government) through municipal enterprises or involved business entities, which ultimately aim to obtain quality and affordable services to the local population. It was found that municipal services are the activities of local governments, their officials or their established institutions, organizations and utilities to fulfill their responsibilities to local communities (or their community) to create conditions for the full implementation of citizens (members of the relevant territorial communities) their rights and freedomsIt was revealed that municipal services are the activities of local governments, their officials or their established institutions, organizations and utilities to fulfill their responsibilities to local communities (or their community) to create conditions for the full implementation of citizens (members of the relevant territorial communities) their rights and freedoms. It has been established that for the effective realization of the interests of members of the territorial community as consumers of municipal services, the municipal government, represented by local governments, must have information about the benefits that are important to them. It is noted that the normative indication in the interpretation of local self-government "in the interests of the local population (territorial community)" would not only clearly focus on understanding the purpose for which the institution of local self- government in Ukraine operates and what it is intended for.


2021 ◽  
Vol 2 (5) ◽  
pp. 17-29
Author(s):  
R. M. Khvan

The article examines the formation and development of local self-government of the Ukrainian state and their compliance with European legal standards of local democracy. It was revealed that at present the development of the Ukrainian state is impossible without the functioning of an effective institution of local self-government as an integral element of civil society and the rule of law. It has been established that the completion of the long- term reform of local self-government, taking into account the European legal standards of local self-government, will make it possible to speak about the establishment of a real civil society and a rule of law in Ukraine. It is noted that recently the constitutional principles of local self-government have begun to lag behind the real state of existence and functioning of this subsystem of public power. And this, in turn, leads to the inhibition of its further progressive development and improvement. Moreover, the current post-Soviet model of local self-government in Ukraine is characterized by internal contradictions: on the one hand, a combination of organizational and legal forms inherited from Soviet times with models formed during modern Ukrainian statehood; on the other hand, the latest models of public administration at the territorial level unsystematically combine borrowing from several, sometimes directly opposite, Western models of administrative structure. It is noted that the perception of foreign experience, especially in the field of rule- making and rule-making, is quite a difficult task, because here it is necessary to introduce into the legal system of one state, through appropriate borrowing mechanisms, the legal norms of another state. of these, will lead to legal and administrative conflicts. It is noted that the use of European legal standards for building local self-government in Ukraine should become the basis and standard for the practical implementation of a systemic set of reforms in the management system at the local and regional level.


2021 ◽  
Vol 2 (5) ◽  
pp. 7-16
Author(s):  
O. O. Boyarsky

The article examines the features of the status of a person as the main beneficiary of local self-government. It was revealed that based on the essence of the term "beneficiary", it refers to those persons who receive certain benefits, income or dividends not due to the active exercise of their rights, but to some extent "passively" due to their status or activities of others. It is has established that the very understanding of a person as a beneficiary of local self-government demonstrates a new emphasis in understanding how the municipal government should act and in whose interests. The center of such activity should be a person as a member of the territorial community, and his interests should be satisfied through the adequate activities of local governments determined by such interests. Person as the main beneficiary of local self-government appears: a citizen of Ukraine, a foreign citizen or a stateless person (stateless person) or a refugee; member of the territorial community; a resident of a village, settlement, city or association of villages, settlements, cities it is determined. A new approach to understanding the status of a person – a beneficiary of local self- government in a broad and narrow sense (in a broad sense – in the exercise of local self- government of all its powers, in the narrow – the exercise of local authorities in relation to vulnerable groups). It is determined that the legislation of Ukraine through the prism of the powers of local governments provides clear recipients (beneficiaries), which are mainly those categories of the local population who need various financial, material or other support and assistance – including socially vulnerable or vulnerable members of the territorial community. Thus, a person is a member of a territorial community, and his interests must be satisfied through the adequate activities of local self-government bodies determined by such interests.


2021 ◽  
Vol 2 (5) ◽  
pp. 94-101
Author(s):  
I. V. Fedorov

The article is devoted to the study of theoretical and practical problems related to the formation and functioning of the jury in Ukraine. The work analyzes the legislation of Ukraine, the scientific positions of domestic and foreign scientists-proceduralists on the formation and functioning of the jury. The essence, the order of formation, the peculiarities of the functioning of the jury trial, the elements of the jury's protection during his activities related to the administration of justice are clarified. It is determined that the practice of jurors, there are difficulties in understanding the jury as a source of evidence protocols of covert investigative (search) actions and materials of operational and investigative measures, due to the specifics of these materials. It is therefore important to explain to the jury the purpose for which, for example, the personal data of persons who participated in covert investigative (search) actions were changed in the protocols in order to remove any doubts about the authenticity of these documents. The prosecutor must explain to the jury the general conditions for conducting covert investigative (search) actions. Difficulties also arise during the examination of testimony given during the pre-trial investigation to the investigating judge, as jurors usually do not directly accept the testimony of such persons. and law. Such a model fully fits into the European continental model of criminal procedure and in modern conditions, taking into account reasonable proposals to improve the trial of juries, will ensure the proper participation of people in criminal proceedings.A number of proposals and recommendations have been developed to improve the legal regulation of the formation and activities of the jury in Ukraine.


2021 ◽  
Vol 2 (5) ◽  
pp. 41-51
Author(s):  
D. O. Bobrovnik

The article contains a study of the geopolitical legal personality of man as a member territorial community. The article defines the concepts of legal personality in view of the set of rights and responsibilities of a special entity – a member of the territorial community. The article contains general theoretical features and definitions of the term "member of the territorial community". It is determined that geopolitics in the context of the formation and implementation of the legal personality of the territorial community also involves Ukraine's approximation to European (international) legal standards of local government, because the territorial community is the primary subject of local government, and geopolitics, in turn, involves understanding , recognition and research of the territorial community not only within the Ukrainian experience, but also using the rich municipal experience of European states, in particular the states of the Romano-Germanic legal system, or states belonging to the continental legal family. It is noted that the correctness of creating optimal administrative-territorial units in the state (by separating or combining them), and the definition and institutionalization of one territorial community in one administrative-territorial unit – will ensure decentralization of management, maximum proximity to the people of public institutions and, accordingly, will allow to effectively address urgent issues of people's lives, the provision of quality administrative and public services to residents of villages, towns and cities. The ways which will provide formation of both geopolitical legal personality of territorial community, and will establish formation of geopolitical legal personality of the person as a member of such territorial community, uniting in this process local, regional, national, macroregional and universal (global) factors are offered. and tendencies based on the principles of democracy, decentralization, rule of law, priority of human rights and freedoms over the rights of the state


2021 ◽  
Vol 2 (5) ◽  
pp. 75-93
Author(s):  
I.I. Boychenko ◽  
V. V. Humeniuk ◽  
V. О. Boyarsky

The article examines the trends of anthropologization and anthropocentrism in constitutional law, which act as a fundamental trend in the development and improvement of the constitutional and legal status of man, individual and citizen. Emphasis is placed on the importance of these trends through their assistance to the state in meeting the intentions, aspirations, needs, interests, attitudes of man, manifested at the local level of functioning of state-organized society, within the territorial community, in local government and in everyday life through establishment, development and improvement of the constitutional and legal status of a person (individual) and a citizen. It is argued that in the process of implementing the trends of anthropologization and anthropocentrism in constitutional law, the state applies a number of methodological approaches to man (personality) through the development, formation, legalization, application, protection, protection, guarantee and implementation of its constitutional status, namely: a) the constitutional and legal status of a person (individual) and a citizen organically passes into the municipal legal status of a person (individual) and is realized through the phenomenology of municipal human rights; b) an individual approach to each person (personality) that exists and functions in the territory of the state is possible in the praxeological sense – only under conditions of public self-government (municipal) power and the application of municipal legal status of a person (individual); c) the adjustment of public administration and state rule-making should take into account the above paradigmatic guidelines. It is proved that the basis of these trends in constitutional law is the philosophical maxim "man is the measure of all things", which is transformed into a paradigm of management and rule-making activities of the state through the establishment of appropriate constitutional status of man (person) and citizen (including other legal states), foreignness, statelessness, refugees, etc.), which determines the essential aspects of human- state interaction, as well as demonstrates the real relationship of the state to man.


2021 ◽  
Vol 2 (5) ◽  
pp. 102-112
Author(s):  
P. P. Pastushenko ◽  
H. O. Obikhod ◽  
Y. M. Khvesik

The article reveals the objective preconditions for the formation of security guidelines for regional development through the balancing of social, environmental and economic goals. The process of formation and expansion of the concept of ecological safety in the global aspect is analyzed and specific ecological problems for the regional level are allocated. The dynamics of social and economic consequences of the manifestation of ecological dangers is determined and the directions of financial guarantee of safe guidelines of sustainable development for the regions are outlined. The concept of "environmental security" is defined as the ability of the environment- society-economy to maintain balance and equilibrium on the basis of dynamic recovery and self-improvement, to resist external and internal threats and challenges and to ensure acceptable levels of risk and sustainability of socio-economic development. and socio- economic potential. The main functional purpose of regional financial mechanisms of environmental regulation is determined, it is to regulate the activities of market participants in a separate area in order to ensure environmental and anthropogenic safety. In this context, the essence of the relevant financial mechanisms is defined as a system of specially developed and legally enshrined in the legal field forms, methods and tools for the formation and use of financial resources to achieve the development of the region. It was found that the most effective of them are such tools as financing through state and local budgets, environmental funds, bank loans, funds of enterprises and organizations, foreign investment, environmental insurance of dangerous objects. The effectiveness of modern financial mechanisms is determined by the amount of revenues to budgets of different levels for the use of natural resources, the level of environmental pollution and the cost of its protection, localization and prevention of environmental emergencies, as well as the effectiveness of preventive measures.


Author(s):  
Руслан Миколайович Хван

Annotation. The article examines the essence of municipal legal policy as a system of strategic management of self-government activities. The essence and characteristics of local self-government entities, their individual categories, patterns and development trends have been investigated. It is emphasized that territorial communities, directly or indirectly, their authorities, non-governmental organizations exercise their legal personality both within the state and outside it. The prospects of functioning, improving the status of local self-government subjects have been determined..


Author(s):  
Михайло Олександрович Баймуратов ◽  
Володимир Петрович Ожерельев

In 2019, in the scientific and practical legal journal "Public Law" №1 (33), the authors published an article on the feasibility of developing a single model of international public law and the noosphere. This decision was made in accordance with known scientific facts: the existence of a single global space of civilizational events and the noosphere, the space of which can be represented as a topological, and the system of public international law can be described as an "equilibrium surface" of differentiated diversity. The development of these studies led the authors to the realization of the existence of a global information and legal structure in the noosphere system, and then to the development and creation of a "topological double-circuit shell-nuclear information and legal model of the noosphere." This model became a conceptual basis for further research: to develop a system of noosphere law, methods of international legal forecasting and monitoring the "stability" of the information and legal structure of the civilizational space of the noosphere. The results of the research are the theoretical foundation for the formation and development of a new scientific and educational interdisciplinary discipline: "legal noospherology", which is of paramount scientific importance for the development of effective methods of international legal forecasting.


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