SERVICE IN LOCAL GOVERNMENT BODIES: LEGAL BASIS AND FEATURES IN THE CONDI- TIONS OF THE MARITAL STATE

This article analyzes the legal framework and peculiarities of the functioning of service in local self- government bodies in Ukraine under martial law. It is determined that local self-government is an impor- tant element of public administration which ensures the realization of the rights and in...

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Bibliographic Details
Main Authors: Olena P. Pysmenna, Oksana V. Kuran
Format: Article
Language:deu
Published: Alfred Nobel University 2024-12-01
Series:Alfred Nobel University Journal of Law
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Online Access:https://law.duan.edu.ua/images/PDF/2024/2/10.pdf
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Summary:This article analyzes the legal framework and peculiarities of the functioning of service in local self- government bodies in Ukraine under martial law. It is determined that local self-government is an impor- tant element of public administration which ensures the realization of the rights and interests of citizens at the local level. This issue becomes especially relevant against the background of current challenges associ- ated with the armed aggression of the Russian Federation against Ukraine. The article examines the legal regulation of local self-government in Ukraine, analyzes the basic prin- ciples on which the activities of local self-government bodies are based and the specifics of their implemen- tation under martial law. The author establishes that since the introduction of martial law, local self-gov- ernment has played a key role in ensuring stability and security at the local level, as local authorities con- tinue to provide services to the population, assist the army and adapt to new challenges. Particular attention is paid to the analysis of legal conflicts and contradictions arising in the field of service in local self-government bodies. The author reveals inconsistencies between the Law of Ukraine “On Local Self-Government” and other legislative acts on the distribution of powers, which makes it diffi- cult to determine the responsibility of local self-government bodies. The author also identifies problems in the legislative regulation of the status and guarantees of the activities of local council deputies under mar- tial law, as well as inconsistencies between the Laws of Ukraine “On Civil Service” and “On Service in Local Self-Government Bodies” regarding the classification of positions. Based on the analysis, the author formulates a number of recommendations aimed at improving the legal framework for service in local self-government bodies. In particular, it is proposed to amend the legis- lation to clearly define the powers and interaction of local self-government bodies and civil-military admin- istrations, to legislate the status and guarantees of local council members under martial law, to eliminate conflicts between the Laws of Ukraine “On Civil Service” and “On Service in Local Self-Government Bodies”, and to ensure transparency and accountability of local self-government bodies. The results of the study can be used to improve the regulatory framework aimed at increasing the ef- ficiency of local self-government bodies in the current environment.
ISSN:3041-2218
3041-2226