The dissertation is devoted to the clarification of the essence, revealing of the main and specific features, the distinction of the types of local self-government normative legal acts, the establishment of the causes of their inefficiency, in particular, by identifying problems of legal regulation of the technical and technological components of the their drafting process, as well as determining the main directions for optimizing this process.
The scientific work summarizes the domestic experience of legal regulation of issues related to the definition of concepts: “local self-government”, “municipal authority”, “normative legal acts”, “local self-government normative legal acts”. Particular attention is paid to the issues of determining the place of local self-government normative legal acts in the system of sources of national law, as well as the formation of a system of local self-government normative legal acts.
Special attention is devoted to the definition of the essential features of local self-government normative legal acts. Different types of local normative legal acts, including local self-government normative legal acts, are singled out and studied.
The detailed description of technical and technological components and requirements for local self-government normative legal acts drafting process is provided. The reasons for the ineffectiveness of the process, as well as the inadequate quality of the acts, are revealed.
The author's definition of the concept of “local self-government normative legal acts” is proposed on the basis of the research. The latter should be understood as an official legal document of a permanent or temporary character, adopted directly by a territorial community, a body or an official of local self-government within their own or delegated authority, in order and form defined by the Constitution, by the laws of Ukraine, by a charter of a certain territorial community, by a local council regulations, and is aimed at establishing, changing or cancellation legal regulations designed for repeated use and that are legally binding on the respective territory.
The study argues that the notion of “local self-government acts”, “local self-government bodies and officials acts”, “local self-government normative legal acts”, “local self-government bodies and officials normative legal acts”, “local normative legal acts” should not be considered as one-line or identical.
The arguments are made that the technical and technological requirements and components of the local self-government normative legal acts drafting process needs to be improved, both through the adoption of the Law “On Normative Legal Acts” and by amending and supplementing the provisions of the current legislation in the sphere.
It is proved that the system of local self-government legal acts is a complex entity, which in its volume and species diversity does not coincide with the general system of sources of Ukrainian law. The point of their intersection is the local self-government normative legal acts and acts taken within the limits of delegated authority, which are combined with such a form of law, as normative legal acts, as well as normative agreements.
The practical significance of the results obtained is that they can be used: 1) for research purposes, in the process of further scientific research of problem issues of the process of drafting, adopting and implementing of local self-government normative legal acts in Ukraine and its legal consolidation; 2) in law-making activity – with the improvement of the current legislation in the sphere of executing of normative competence of bodies and officials of state power and local self-government; adopting and implementing of local self-government normative legal acts; 3) in the educational process – in the preparation of textbooks and training manuals on the courses “Theory of State and Law”, “Normative legal acts drafting technique and state registration of normative legal acts", “Lawyer in the field of local self-government”, with the teaching of appropriate courses in educational institutions of the legal direction.
