Hovorukha L. State theory of local self-government in the legal doctrine of the XIX-XXI centuries.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102178

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

28-04-2021

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to revealing the essence of the state theory of local self-government, the main reasons and conditions of its formation, the main varieties and tendencies of development, as well as possibilities of practical application in the process of reforming the territorial organization of public power and local self - government in Ukraine. The origins of the state theory of local self-government and its substantiation in the Western European legal doctrine of the XIX century are revealed. The role and place of the state theory of local self-government in the domestic political and legal science and practice of the XIX - early XX centuries are determined. The correlation of the state theory of local self-government with the Soviet state and legal doctrine and practice is clarified. The reflection of the state theory of local self-government in international legal acts and foreign legislation is highlighted. Manifestations of the state theory of local self-government in the post-Soviet legal doctrine are revealed. The influence of the state theory of local self-government on the practice of municipal construction in the post-Soviet countries is determined. Attention is drawn to the fact that the recognition of local self-government as a decentralized form of public administration is purely doctrinal in nature and does not require any changes to the Constitution or current legislation of Ukraine. It is noted that the principle of recognition and guarantee of local self-government, enshrined in Art. 7 of the Constitution of Ukraine of 1996, may have different interpretations depending on the chosen theory of local self-government; in particular, in the interpretation of state theory.

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