Муниципалитет: экономика и управление (Dec 2023)
Socio-legal nature of associations uniting citizens based on their place of residence
Abstract
Introduction. The nature of the associations, joining citizens on the basis of their place of residence (territorial associations), is explored in terms of the opposition of the ideas of the autonomy of the local community interests (social theory of local self-government) and of indivisibility of state and local interest (state theory of local self-government). The author attempts to answer the question whether the territorial associations can be regarded as the representatives of local community which only solve the problems of the community or the local problems can`t be separated from the national interest in their activity. Materials and methods. In achieving this goal, the author relies on formal legal and comparative legal methods. Legislation of particular European and Latin-American countries (Ecuador, Peru, Salvador, Venezuela, France, Spain and Russia) regulating the status of territorial associations served as the information basis for the research. Results and discussion. The legislation comparison allows highlighting two approaches to establishing the legal status of territorial associations: 1) territorial associations having no particular legal status (Ecuador, France); 2) territorial associations having special legal status with the tasks assigned (Peru, Salvador, Venezuela, certain autonomies of Spain). The author draws a conclusion that the nature of territorial associations doesn`t preclude the execution of the tasks important for the whole state and prescribed by the public authorities. It is noted, that the tendency of Russian legal regulation development is to determine the tasks of the Territorial Body Management by law, but although there is a tendency of using this institute by citizens as a trust company for decide their own local problems. The author concludes that the future laws must not deprive the citizens of the possibility of using the Territorial Body Management as they wish.
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