THEORETICAL LEGAL OF THE TERRITORIAL COMMUNITY AS THE BASIS OF LOCAL GOVERNMENT IN UKRAINE
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 6
Abstract
In this article, the concept, types, features of the territorial community as the basis of local self-government in Ukraine are investigated. The author determines that the term "territorial community" has long been not used in the legislation of Ukraine, only the Constitution of Ukraine of 1996 introduced a system of local self-government with its basic element - the territorial community. The article analyzes the legal definition of the "territorial community" and concludes that the legislation needs to be amended, in particular, the Constitution of Ukraine. The author of the study also suggests the adoption of the Law of Ukraine "On Territorial Communities", which would clearly outline the concept of "territorial community", status, powers, etc. Attention is drawn to the fact that the legislation does not clearly formulate the types of territorial communities and proposes its approach to this problem. It is revealed that there is no single definition of "territorial community" and in scientific literature. Therefore, having analyzed the opinions of various scholars, the author proposes his definition of "territorial community". The article emphasizes the fact that it is necessary to divide municipal rights and freedoms of citizens and individuals (individuals) and municipal rights of a territorial community and its members. It is determined that the municipal rights and freedoms of citizens and individuals (individuals) are personal (private), and the municipal rights of the territorial community and its members are of a public nature. The author considers the signs of the territorial community, which are distinguished by scientists and their proposed.
Authors and Affiliations
Irene Panova
Keywords
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- EP ID EP576747
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