Doctrinal problems of the municipal statute norm-setting (axiological, ontological and teleological aspects)

Abstract

The article is devoted to the conceptual problems of statutory rulemaking in local self-government. Conceptual analysis of axiological aspects of municipal statute norm-making is carried out. There is a connection with the axiology of the municipal statute law of the problem of its ontological significance. It is substantiated that the disclosure of ontological aspects of municipal statutory rulemaking will show the role of territorial communities as a special form of law in terms of the embodiment of the ideals of municipal democracy as a person, a member of a territorial community. The essential features and substantiated structural, informative and functional characteristics of the institute of statutory law in the local self-government are revealed. Attention is drawn to the coordination-integration and orientation-coordination value of the municipal statutory norm-setting. Established sources and forms of statutory law in local self-government and substantiated the basic organizational and legal patterns of its development. The system of functions of the statutory right, to which the authors include such as: legitimate, managerial, regulatory, innovative, reformatory, right of establishment, human rights, ethics are given. It is concluded that an important criterion for determining the effectiveness of the statutes of territorial communities and the system of their functions, their social value is the effectiveness of the implementation of these functions in order to fulfill the tasks and objectives laid down in the municipal statutory regulation. Municipal statutory law - nothing if its provisions are not implemented in the activities of territorial communities and their members – the inhabitants of villages, settlements and cities, in municipal-legal relations. It is impossible to understand the value, essence, content, functional and teleological purpose of municipal law, if we deviate from the mechanism of its realization in the life of a society of specific territorial communities. This statement, first of all, should be attributed to the assessment of the statutes of territorial communities, their norms and functions. In other words, the statutes of territorial communities remain completely ineffective documents, and their prescriptions – abstraction, devoid of real meaning and practical significance, in the case where, firstly, the adoption of the statutes of territorial communities did not have objective preconditions; and secondly, the statutes of territorial communities do not have a real impact on social relations in the field of local self-government. Therefore, the effectiveness of the existence and functioning of the statutes of territorial communities and their normative requirements is determined by the degree of their implementation.

Keywords

• local self-government
• statutory norm-making
• statute of territorial communities
• municipal statutory regulation