Legal Regulation of Policy: Legislation of European Countries and Ukraine on Territorial Self-Government

Abstract

The purpose of the article is to study the peculiarities of legal regulation of politics in the states of continental Europe regarding territorial self-government, which is carried out on the basis of the constitutions and laws of the states of the region. The following tasks are solved in the article: the provision is substantiated, that the legal basis of territorial self-government in the states of the region is the norms of their constitutions and laws; it was found that the unification of territorial communities of villages, towns, and cities is carried out on a voluntary basis, in accordance with the principles: constitutionality, legality, economic efficiency, state support, ubiquity of local self-government, transparency and openness, responsibility; it has been proven that effective, creative local self-government bodies are one of the main foundations of a democratic regime. Since early 21st century there have been trends in the convergence of the legal systems of the states of Central and Eastern Europe. Integrating role in them on the continent is played by the European Charter of Local Self-Government, on which the provisions of constitutions and constitutional acts of the CEE states are based, other international documents on local self-government. They take into account historical experience, specificity of local self-government in the states, achievements of their modern national and world science and practice in this field. In the constitutions of states, local government is one of the foundations of a democratic regime. In most CEE states, institutionalization and legal legitimization of local self-government took place. The Institute of Local Self-Government occupies an important place in the structure of public authority and the state machinery as a whole. Local governments are the closest link to the state, due to which the state realizes its policy at the local level and satisfies most of the public needs of its citizens. Practice confirms the viability of existing laws, the absolute majority of their norms, concerning self-management, a positive role in the organization and development of local government, ensuring the strengthening of democratic foundations in the CEE countries.