Mohilevskyi V. The Role of Local Self-Government in the Formation of National and Global Constitutionalism: Issues of Interaction and Effectiveness

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002340

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

25-04-2019

Specialized Academic Board

К 64.051.31

V.N. Karazin Kharkiv National University

Essay

Object of study - social relations that arise in the formation, development and improvement of the activities of the local self-government within the domestic and global constitutionalism. Subject of research - legal status of the institution of local self-government within the framework of domestic and global constitutionalism. For the first time: - the author's understanding of the legal area of ​​local self-government as a complex social, political and legal phenomenon, which arises as a result of the teleologically grounded activity of both the state and the subjects of local society, by forming its normative-subjective, normative-o The objective and normative-spatial base, in order to address the existential issues of the existence and functioning of the territorial community. Improved: - the position that the decentralization of public power and its development in terms of local government is linked genetic link, because such decentralization is based on the redistribution of competence, powers, and with them and redistribution of financial, material , personnel, organizational and legal resources to be focused on the type of "top - down" - resulting in the formation of their own base of competence of local government, its subjects and bodies and, consequently, ob'yek the strengthening, development, improvement and growth of autonomy in the normative-managerial aspect of this institute of local democracy. Further development was made: - the position that the development of the concept of local democracy in the territories of post-Soviet national states, including Ukraine, is characterized by their perception of certain theoretical models that applied and legalized the principles of subsidiarity, decentralization and regionalization, which was greatly promoted by the work of international intergovernmental organizations, in particular such as the Council of Europe, in which it was developed a number of international instruments which formalized the principles of local democracy in view international standards.

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