ISSUES OF LEGISLATIVE SYSTEMATIZATION OF ORGANIZATIONAL AND ECONOMIC POWERS BELONGED TO MUNICIPAL AUTHORITIES

Author

, PhD. Student, Kharkiv, Pushinska, 77

In heading

Law;

Signed print

11.09.2015

Issues number

2015 - № 3 (22)

Page

193-201

Type of articles

Scientific article

Code UDK

346.2-027.541:351.82

ISSN print

2411-5584

Abstract

Problem setting. Effective interaction between the economic legislation and the municipal one is provided due to strict division of powers of local self-governing bodies according to their functionality, tasks, and a category of economic relations.
Recent research and publications analysis. Issues of local self-governing bodies in the field of the economy and their organizational and economic mechanisms have been examined by O. P. Vikhrov, I. M. Kravets, R. A. Dzhabrailov, O. M. Vinnyk, V. A. Ustymenko, etc. However, issues of legislative systematization of organizational and economic powers of the mentioned bodies haven’t been sufficiently researched.
Paper objective. The paper objective is to indicate a set of necessary lawmaking measures aimed at enhancement of efficiency of participation of local self-governing bodies in economic legal relations.
Paper main body. It is hard to entirely determine a list of entities vested with organizational and economic powers within the economic activity of local self-governing bodies, not taking into account a list of entities of such legal relations. The economic activity of local self-governing bodies, particularly in the process of organizational and economic relations, is determined in the Economic code of Ukraine superficially and disorderly.
Conclusions of the research. There is a need to suggest recommendations on a set of amendments to a text of the Economic Code of Ukraine and to recognize the local selfgoverning bodies not only as participators, but also as peculiar entities of economic activities in order to form an effective legal mechanism of interaction between two branches of the national legislation — the economic and the municipal ones. Activities of such bodies require internal normative systematization within a particular institution of the economic and legal framework, which is called «a body of local self-governing as an entity of economic
legal relations». In this context the Economic Code of Ukraine should determine: firstly, the scope of respective entities and participators of organizational and economic powers; secondly, measures and forms of public (municipal) regulation of the economic activity; thirdly, contractual legal personality of the mentioned bodies, etc. There is a need for detail systematization of powers and procedures of implementation of own economic competencies by the local self-governing authorities. It is expedient to pay attention to an idea of creation of a project of the Municipal Code of Ukraine.

Keywords

Local self-governing bodies; organizational and economic powers; legislative framework; legislative systematization.

Reviewer

Zadyhailo D. V., doctor of legal Sciences, Professor, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

External reviewer

Pohrebnyak S. P., doctor of legal Sciences, Professor, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

Article in PDF

№ 3 193-201

Bibliography

1. Konstitutsіya Ukrayini vid 28.06.1996 № 254k/96-VR . Retrieved from:http://www.zakon2.rada.gov.ua
2. Gospodarskiy kodeks Ukrayini : vіd 16.01.2003 roku № 436-4. Retrieved from:http://www.zakon2.rada.gov.ua.
3. Pro mistseve samovryaduvannya v Ukrayini : Zakon Ukrayini vid 21.05.1997 roku № 280/97 VR . Retrieved from: http://www.zakon2.rada.gov.ua.
4. Pro kontsesiyi : Zakon Ukrayini vid 16.07.1999 roku № 997-14. Retrieved from: http://www.zakon2.rada.gov.ua.

Code DOI

This post is also available in: Russian, Ukrainian

07.07.2015