PRINCIPLES OF MUNICIPAL RULE-MAKING: NATIONAL EXPERIENCE AND EUROPEAN PRACTICE
Journal Title: «Приватне та публічне право» - Year 2017, Vol 3, Issue
Abstract
Among the twelve principles of good governance at the local level is the principle of the rule of law, which has recently attracted particular attention. The evolution of the rule of law principle has led to changes not only in the essence, but in the content, elements inherent in this principle, which is actively asserted in the Ukrainian legal environment. The formation of a national awareness of the rule of law principle was undoubtedly influenced by the report entitled «Rule of Law», adopted at the 86th plenary meeting of the Venice Commission, which clarifies, which includes the rule of law. This includes: 1) access to the law (the provisions of the law should be clear, clear and predictable); 2) resolving issues of legal rights should, as a rule, be exercised on the basis of law, and not at the discretion; 3) equality before the law; 4) the power must be exercised in accordance with the law, fair and reasonable; 5) human rights must be protected; 6) There should be available means for settling disputes without unreasonable expenses and deferrals; 7) the existence of a fair trial; 8) the state must abide by its obligations under both international and national law. This indicates that the principle of the rule of law in the broad sense actually embodies the basic principles of the existence of a modern civilized, democratic society; in the narrow sense, he embodies the recognition of human rights and of the citizen with the highest social value, and their provision is the goal of the activity of all power subjects. According to the Ukrainian doctrine, the principles of municipal rule-making are the generally accepted principles of law-making, namely the principles of the rule of law, legality, humanism, equality, democracy, efficiency of justice, freedom, legal certainty, proportionality, conscientiousness, scientificness, planning, efficiency, technical perfection, systemicity, etc. Special, directly related to municipal rule-making include: the combination of local and state interests, subsidiarity, a set of normative powers regarding issues of local importance, etc. Instead, according to European practice, there is no division of principles related to rule-making into special and special. Separate principles (for example, the rule of law principle) from the group as a whole are explicitly included in the list of principles related to the activities of local self-government bodies, regional directorates, etc. Among the principles most often found in European acts related to local self government, the following should be singled out: participation, rule of law, transparency, responsibility, consensual orientation, equity, efficiency and effectiveness, accountability, strategic vision, and others. At the same time, national authors pay attention to the fundamental principles of legal regulation of processes related to the rule-making of local self-government, their general theoretical orientation. Instead, the nature of the European principles of these legal relationships has a synergistic law-making and enforcement essence. We believe that the consistent implementation of the adapted European principles of self-government will allow Ukraine to be built as a strong state with strong local self-government.
Authors and Affiliations
О. В. Роговенко
Keywords
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