Vozna V. Local self-government bodies as a subject of organizational and economic authority.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002537

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

14-05-2019

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The work is qualifying scientific work, contains new theoretically grounded results, which collectively solve the scientific task, which consists in the analysis of the content and systematization of organizational and economic powers of local self-government bodies. The main directions of legislative provision of organizational and economic powers of local self-government bodies are analyzed. A more detailed classification of the powers of municipal bodies is proposed in accordance with their definition in the legislation regulating the sphere of management of local self-government bodies. Particular attention was paid to the issue of legislative systematization of the powers of municipal bodies. The extension of the text of the Commercial Code of Ukraine in terms of organizational and economic powers of local self-government bodies and the Law of Ukraine "On Local Self-Government in Ukraine" was proposed. The property grounds of local self-government bodies are investigated. The analysis of income to the main and special funds of the local budget in accordance with the Budget Code, which provides an opportunity to allocate the following sources of income within the fiscal and financial competence of local self-government bodies. 1) taxes and fees: on the profit of enterprises and financial institutions of communal property, on property, single tax, parking fees for vehicles, tourist fees, part of the net profit (income) of communal unitary enterprises, excise tax, fees for state registration of real rights, fees for the state registration of legal and natural persons-entrepreneurs; 2) permit activity: licenses, certificates; 3) fines; 4) lease of property in communal ownership and proceeds from the sale of property, including non-owner; 5) concession; 6) use of natural resources: rent for water objects (their parts); 7) special funds: grants and assistance from the EU, foreign governments, international organizations, donor agencies, repayment of loans, subventions, budget revenues for local budgets, etc. It is proposed to determine the mechanism for managing the use of natural resources owned by the territorial community as a set of management tools, taking into account public interests, namely the provision of environmental and economic security and private interests by concluding appropriate economic agreements with the definition of rent payments paid to the local budget. It is highlighted that the content of the Law of Ukraine "On Public-Private Partnership" is subject to substantial revision and adoption of the new wording of the law with detailed additions and definitions of the essential conditions. It should be noted that the active participation of local authorities in these relations involves the identification of its individual forms, such as: 1) communal-private partnership; 2) public-communal-private partnership; 3) public-private. The dissertation is theoretically generalized and proposes a new solution to the scientific problem, which is to determine the peculiarities, specifics and essence of the powers of local self-government bodies in the sphere of economic activity. Proceeding from the content of the theoretical positions set out in the dissertation, the results of the research of modern scientific, on the implementation of organizational and economic powers by local self-government bodies, as well as the analysis of the national legislation of Ukraine, a number of conclusions are formulated which have theoretical and practical significance for improving the content of the economic legislation of Ukraine.

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