МУНІЦИПАЛЬНІ ПРАВА ОСОБИ: МІСЦЕВЕ САМОВРЯДУВАННЯ В АСПЕКТІ ПРАВ ЛЮДИНИ
Journal Title: Державне будівництво та місцеве самоврядування - Year 2018, Vol 1, Issue 36
Abstract
The development of a wide range of problems of organizing and implementing municipal government, interaction of local self-government system with the state apparatus, optimal decentralization and deconcentration of powers with a shift in focus to the local level – everything this has become the mainstream of modern development of municipal and legal research not only in Ukraine, but in all post-Soviet space. The municipal and legal doctrine in combination with the ideas of humanism and democracy has been naturally admitted the municipal rights of individuals as the key element of his legal being within the system of local self-government. The legal nature of the municipal rights of individuals and their relationship with the basic (constitutional) rights and freedoms has been researched in the article. The position that the municipal rights of individuals are not independent with respect to the constitutional rights and freedoms, but are their constituent elements or modes, that is, the means of their existence in municipal and legal relations, has been substantiated. The features of the municipal rights of individuals, their classification in accordance with the subjects (carriers) have been provided. It has been emphasized that the municipal rights of individuals being the modes of basic (constitutional) rights and freedoms, are characterized by the same features, among which are the fundamental nature, universality, non-derivative character, inviolability, inherence, inalienability, constancy, consistency, constitutional form of consolidation. Their list is not exhaustive and has a tendency to expand along with the development of society and the strengthening of local self-government. The author has paid attention to the fact that since the municipal rights of individuals are modes of the constitutional rights and freedoms, then the traditional division by subjects (carriers) into human rights and citizens’ rights is quite acceptable to them. The municipal human rights include those modes of the constitutional rights and freedoms that are realized within municipal and legal relations and are recognized for any person (the right to life, the right to respect the honor and dignity, the right to bodily integrity, etc.). In turn, those modes of the constitutional rights and freedoms that are realized within municipal and legal relations and are recognized only for citizens of the state should be referred to the municipal rights of citizens (in Ukraine these rights include: the right to participate in local referendums, an active electoral right in local elections, the right of access to municipal service, etc.). Considering the fact that the right to participate in local self-government is realized by belonging to the relevant territorial communities, all municipal rights of individuals should be additionally divided into the municipal rights of a member of the relevant territorial community and the rights of a person who is not a member of the relevant territorial community. Moreover, taking into account the fact that membership in a territorial community is determined by the fact of the residence in the relevant locality (village, town, city), those municipal rights are related to the membership in the territorial community, which consist in receiving certain social benefits from enterprises, institutions and organizations funded from the local budget.
Authors and Affiliations
Svitlana Serohina
Keywords
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- EP ID EP615681
- DOI 10.31359/1993-0941-2018-36-3
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