MUNICIPAL LEGISLATION’S DEFINITION FOR THE PURPOSE OF ITS SYSTEMATIZATION RESEARCH
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
When studying the state and prospects of the Ukrainian municipal legislation’s systematization, the definition of this concept should be determined first of all. This definition should be formulated based on the content that will fit into this concept. This content is in the list of types of documents, which in the system will form the concept of the "Ukrainian municipal legislation". First, the system of documents that collectively form the Ukrainian municipal legislation should include the Ukrainian Constitution and the laws of Ukraine, since any scientist, formulating the definition of the term "legislation", does not bypass them with the attention. Secondly, there are some international treaties, that include the municipal standards of the world-wide and of the European level. Thirdly, the Ukrainian municipal legislation should include all other regulatory acts on local self-government matters - sub-normative acts (by-laws). Thus, not all sources of the Ukrainian municipal law will be included in the municipal legislation of Ukraine. Consequently, the system of legislation is narrower in scope than the system of law. This should be explained by the division of the law to natural and positive. Traditionally this issue is studied by the theorists of law, and therefore in legal literature, we often encounter the division of law in general on the natural and the positive. In relation to one or another field of law, such a division is rarely carried out, which cannot be considered optimal. The author concludes that in order to study the issues of systematization of municipal legislation of Ukraine it is necessary to define the municipal legislation of Ukraine as a system, which includes the Constitution, international treaties, that are binding by the Parliament’s decision, laws of Ukraine and sub-normative legal acts regulating social relations, connected with local self-government, including the direct democracy at the local level, the creation and functioning of local self-government bodies within their own and delegated powers.
Authors and Affiliations
Катерина Володимирівна Головко
Keywords
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