Alfred Nobel University Journal of Law (Jun 2024)
FORMATION OF THE GLOBALIST POTENTIAL OF THE TERRITORIAL COMMUNITY IN THE CONTEXT OF THE ESTABLISHMENT AND DEVELOPMENT OF INTERNATIONAL COOPERATION OF LOCAL GOVERNMENT BODIES
Abstract
The article is devoted to the study of theoretical and praxeological aspects of the formation of the globalist potential of the territorial community in the context of the formation and development of international cooperation of local self-government bodies. In domestic jurisprudence, the topic is investigated for the first time. The author claims that the formation and development of the institution of local self-government on the territory of states (at the national level) as a constitutional and legal phenomenon of society and the state, which: a) is a priori and organically connected with every person, his everyday life, his existential individual, group and collective interests and rights, b) regardless of their legal status (citizenship, foreignness, statelessness, bipatricy, refugee, etc.) and c) determined by the fact that it is in the conditions of the Ministry of Internal Affairs and within the territorial community that each person carries out his entire life cycle, d) the fundamental social space for human awareness and realization of its natural and other rights, freedoms and responsibilities within the framework of naturalistic jurisprudence, d') the fundamental and supporting space where the fertile population exists and functions and where it realizes its reproductive function, and this possesses local, regional, national, international and global influence on the fate of human civilization, as well as its (local self-government) international recognition as: a) an important object of international legal regulation, b) already actually recognized by states and their international community as an ordinary the subject-object of international contractual law, c) an established subject of international regulation and regulation by international intergovernmental and non- governmental organizations and their institutions, d) the main and actually common behavioral and activity space of a person, arising in its conditions and within its limits community, without taking into account the effect of state borders, d') territorial human community, where local democracy is formed, arises, exists, functions and is implemented, which is an instrumental and existential form of social existence of a person, his groups and associations; e) an immanent element of democratic legal statehood; f) the social sphere, where the institutional basis of civil society is formed, exists and functions, based on the variety of existential interests of a person, his groups and associations; e) of the natural and primary collective community of human civilization - determined the formation in the community of the phenomenology of the globalization potential, when the primary collective social community, presenting the "microcosm", can speak on behalf of the entire human civilization, because, by and large, it concentrates the entire systemic a complex of existential attitudes and habits of a person in his everyday existence within the territorial human community, which includes a local system of protection of his rights and freedoms. It is proven that in the conditions of globalization, the role and importance of not only local self- government, but also its main representative subject - the territorial community, which: a) begins to possess new properties (international legal personality in the appropriate form and within the appropriate limits - partial, fragmentary, "imperfect", "unformed" international legal personality), b) forms a new quality (ordinary subject of international relations, quasi-subject of international public law), c) a new level of regulatory and legal regulation and regulation (within the international norm-making and at the level of international contract law), d) a qualitatively new volume of perception within the international system (acquisition of globalist potential), hence, the last conclusion can be perceived in two ways: on the one hand, as an organic part of the above processes, and on the other, - as a summary of all the above processes, their quintessence. Therefore, it is necessary to understand that the formation of the globalist potential of the territorial community is a complex multilevel and multifactorial process consisting of many elements - one of such essential elements is the phenomenology of international cooperation of local self-government bodies. The author proposes to understand the international cooperation of local self-government bodies, which appears as a sufficiently motivated and objectified, complex and multifactorial political-normative and socio-economic phenomenology, as a system of their communication links with: a) municipal and local self-government bodies of other levels of foreign states, b) their municipal and other national unions of a territorial and self-governing orientation, c) international associations of local authorities at the universal, regional and subregional levels, d) international intergovernmental and non-governmental organizations dealing with issues of local democracy and local development, d) the international community states represented by the UN and international organizations created by it and functioning under its auspices (local sustainable development, development of human settlements, organization of local self-government on the territories of UN member states, etc.), as well as d) with any foreign partners, including governmental structures of foreign states, international and national banking institutions and other international credit institutions, business structures, organizations of international civil society, foreign legal entities and individuals, etc. It is noted that the fundamental teleological dominant of such cooperation of local self- government bodies of Ukraine is the need to solve a range of specific and important issues related to the socio-economic, socio-cultural, socio-political, socio-ecological existence, functioning and development of the territorial community and its residents-members, development of the municipal (local) economy, improvement and improvement of its infrastructure.
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