Shvets A. The main organizational and legal forms of activity of local council′s deputie

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U104051

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

21-12-2021

Specialized Academic Board

Д 41.086.01

National University «Odessa Law Academy»

Essay

In the dissertation the complex research of constitutional problems of establishment of use of the basic organizational and legal forms of activity of deputies of local councils in Ukraine is carried out. The theoretical and methodological and legal bases of activity of deputies of local councils are revealed in the work; differentiation of organizational and legal forms of activity of deputies of local councils is carried out; the development of organizational and legal forms of activity of deputies of local councils in the context of foreign experience is characterized. The direct dependence of organizational forms of activity on the rights and responsibilities of a local council deputy has been stated. In particular, the fact that the mandatory mandate of a local council deputy determines the use of such organizational forms of activity as individual reception of citizens and reports to voters. It is established that the features that combine different organizational and legal forms of activity of deputies of local councils and reveal the specifics of the activity of deputies of local councils, ie reflect their essential aspect, are organizational and legal actions are a form of simultaneous realization of the rights and responsibilities of deputies of local councils, based on the principles of local self-government; organizational and legal actions have a communicative nature; organizational and legal actions are purposeful and predictable activities; organizational and legal actions are related to the imperative nature of the mandate of a local council deputy, and therefore are characterized by his responsibility, including through reporting to voters. For the first time, the preconditions for the use of organizational and legal forms of activity of local deputies are highlighted: temporal (allocation of time for the exercise of deputy powers); financial (providing compensation for wages or other monetary rewards); qualification (measures to improve the skills of local council deputies); information (providing deputies with documents, reference and information and other materials); logistics (the right of a deputy of a local council to free travel by rail, road and water transport, regardless of the form of ownership on the territory of the relevant council). It is noted that the predominant methodological approach in the activities of a local council deputy is a communicative approach, which is based on human interaction, based on mutual understanding and agreement. Using a conflictological methodological approach allows a local council deputy to accumulate tools for social dialogue, reconciling the interests of the parties to the dispute, aimed at resolving or terminating the existing conflict through conciliation procedures, reaching consensus in decision-making, and preventing other conflicts. At the same time, the normative activity of the deputy requires the use of a wide range of methodological tools (formal-logical, statistical, sociological, empirical methods, etc.). It is noted that individual organizational and legal forms of activity of the deputy of the local council are informing and reporting, which differ in: term of carrying out; the addressee; in order. The subject of information and reporting coincides. The organizational and legal forms depending on the content of the powers of the deputy of local council which are realized by it during work in council (initiative-normative; personnel; communicative; control) are allocated. The directions of introduction of innovative forms of work of deputies of local councils (digitalization of interaction with members of territorial community; use of public-private partnership for realization of pre-election promises and inquiries of members of territorial community; cooperation of deputy of local council with local advisory bodies, public organizations and mass media are offered. meeting the needs of members of the local community). It was found out that a new complex innovative form of activity of a local council deputy, which will unite the use of all its possibilities for a single purpose, can be decision-making advocacy in the relevant council, and a model algorithm of such advocacy was developed. The municipal experience in the legislative regulation of organizational and legal forms of activity of deputies of representative bodies of local selfgovernment is characterized and the organic combination of traditions and innovations in local self-government is established: despite different models of organization of municipal power, differences of municipal election systems .

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