The historical and theoretical roots of local self-government. Theory of the free communities
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2018, Vol 33, Issue
Abstract
At the current stage of Ukraine building as a democratic, social and legal state, taking into account the changes that have taken place recently, the local self-government development is one of the state policy priorities. Nowadays, there is no consensus scientific perception of local self-government. It is due to the fact that self-government is developing in strict accordance with the society laws as a whole. Each historical type of democracy corresponds to concrete historical models of self-government and is connected with the existence of different views on the local self-government phenomenon nature. Actually the issue is in answering the question whether the community is different from the state power, being independent of the state by a public-law corporation, or is involved in a state body and serves as a state body. This division has led to the political and legal views emergence of the two local self-government concepts: «communal» and «state». The first was the communist paradigm with the idea of giving the certain community inhabitants the right to independently solve cultural-economic issues at the local level within the current legislation limits and under the state supervision over the enforcement. In Europe, for quite a long time, self-government was understood not in the sense of a general paradigm capable of transforming all state administration, but as a principle according to which only certain economic and public functions are freed from the state’s guardianship. However, there were also those who considered local self-government as an independent entity different from the state. Belgian, Frankfurt, Austrian experience of constitutional construction, as well as Russian scientific thought of the middle of the nineteenth century, proves the demand for the ideological achievements of the free community concept and confirms its progressive democratic character.
Authors and Affiliations
Є. О. Бутирін
Keywords
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