Alfred Nobel University Journal of Law (Dec 2023)
THE CONCEPTION OF THE PRINCIPLES OF MUNICIPAL LAW
Abstract
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.
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