DISPLAY OF CONDITIONS OF NORMATIVITY AND LEGALITY OF THE LOCAL AUTHORITIES
Journal Title: «Приватне та публічне право» - Year 2018, Vol 1, Issue
Abstract
In the vast majority of textbooks on the theory of state and law there is a section entitled “lawmaking”. This section includes concepts, types, attributes, principles of law-making, and so on. Instead, the notion of “rule-making” is not popular for covering textbooks that provide fundamental knowledge about law and the state. However, dozens of scientific papers of recent decades on the rulemaking of local authorities, municipal authorities, indicate the need for systematic elaboration of this legal category for a conscious transformation of it into the national legal field. On the other hand, in the passport of scientific specialty 12.00.02 “Constitutional Law; municipal law”, approved by the decision of the Presidium of the Higher Attestation Commission of Ukraine of October 8, 2008 No. 45-06 / 7, the municipal law highlighted the question “Normability of bodies and officials of local self-government bodies”. The conflict and contradictory nature of this issue has led to categorical confusion and scientific debate. Ukraine proclaimed a course towards decentralization of power. The success of the reform depends on many factors, one of which is the participation of local governments in the rule-making process. The existing restrictions on the rulemaking of local self-government bodies create significant obstacles to the development of local self-government, as the rule of law is always recognized as the basis for the effectiveness of government powers. Taking into account the analysis of both national and foreign scientific developments, we can conclude that some proposals for the improvement of the institute of municipal rule-making have been provided earlier, but most of them have become irrelevant in the current conditions of decentralization of state power, some of which need to be clarified and revised. Unfortunately, the basic questions of the development of the theory of law-making and rulemaking of local self-government bodies have not yet been resolved. A categorical analysis of the comparison of the concepts of lawmaking and rulemaking of local self-government is the purpose of this publication. According to the author, the conflict of concepts of lawmaking and rule-making of local self-government bodies in Ukraine has an ideological and historical basis; the correlation between the concepts of lawmaking and rulemaking should take place on the basis of awareness of the final result of the activities of local self-government bodies. And the result must have a human centered ideology and profess the philosophy of rational law from the point of view of its final product, which provides an organic combination of interests of the community and the state.
Authors and Affiliations
О. В. Роговенко
Keywords
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