THE CONCEPTION OF THE PRINCIPLES OF MUNICIPAL LAW
The article examines the problems of defining the principles of municipal law as a branch of Ukrainian law. The phenomenology of municipal law is studied in the context of its genesis, development and understanding of the principles of municipal legal regulation. It is proven that the formation o...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | deu |
| Published: |
Alfred Nobel University
2023-12-01
|
| Series: | Alfred Nobel University Journal of Law |
| Subjects: | |
| Online Access: | https://law.duan.edu.ua/images/PDF/2023/2/4.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | The article examines the problems of defining the principles of municipal law as a branch of
Ukrainian law. The phenomenology of municipal law is studied in the context of its genesis,
development and understanding of the principles of municipal legal regulation. It is proven that the
formation of the modern domestic municipal legal doctrine has set scientists a number of conceptual
tasks, the solution of which depends on the effectiveness of rethinking the essence, content (system)
and functions of municipal law as a branch of law. One of these tasks is the final rejection of the
dogmatic vestiges of Soviet jurisprudence, which is firmly rooted in the domestic municipal legal
doctrine. First of all, this is manifested in the penetration of many principles and archaic stereotypes
inherent in the theory and practice of Soviet state law into the matter of municipal law. According to
the author, a qualitatively new vision of the nature of municipal law mainly depends not only on the
correct definition of the subject and method of municipal law, but also on the principles of municipal
law. The content and methodological approaches to the formation of the updated system of principles
of municipal law in Ukraine are determined not only by the radical transformation, modernization of
the Ukrainian state, its apparatus on democratic principles, decentralization of state power, but also
by the processes of the formation of the European model of local self-government and municipalism
in Ukraine, the realization of municipal human rights and the formation of a local system of their
protection. It is proven that the transformation of the field of municipal law of Ukraine in the context
of the decentralization of state power radically changes the entire legal system of the state and
fundamental branches of law (first of all, constitutional and administrative law) and objectively
requires the definition of the content, meaning and outline of the foundations of the formation of a
new system of principles of municipal law. The conceptual principles of updating the system of
principles of municipal law of Ukraine need to take into account the unified principles and standards
of municipal law developed by European municipal legal doctrine and practice. This is a necessary step
in overcoming the doctrinal gap in the development of the guiding ideas of the industry, its values,
guidelines, which act as a kind of «framework» of the field of municipal law and determine the logic of
the development of the system of legislation on local self-government. |
|---|---|
| ISSN: | 3041-2218 3041-2226 |