Modernization of the Institution of Legal Personality of the Territorial Community in the Conditions of Martial Law, Post-War Development of Ukraine and Europe
Abstract
Abstract. Currently, precisely in the conditions of the ongoing war of the terrorist state of russia against Ukraine and the civilized world, it is extremely important to develop a modern concept of modernization of the national institution of the territorial community as a basic element of the local self-government system, without which it is impossible to imagine a steadily progressing democratic state. Given the Euro-Atlantic aspirations of the Ukrainian people, the specified concept of modernization of the institution of the territorial community should be adequate to the challenges of today, acceptable to the national legal field, traditions, culture, previous background in Ukraine and European standards. It is worth analyzing the peculiarities of the implementation of the legal personality of the territorial community in Ukraine and the EU member states, to single out the best practices of the regulation of the legal personality of the territorial community in order to develop a comprehensive study of this institution and its further implementation in the legal field. The purpose of the publication is to identify specific areas of modernization of the institution of legal personality of the territorial community in the conditions of the present and post-war development of Ukraine, taking into account the experience of European countries. The research methodology is a system of theoretical principles (objectivity, historicism, pluralism, systematicity, etc.), logical methods (analysis and synthesis, deduction, induction, abstraction, analogy, generalization, hypothesis, idealization, extrapolation, modeling, etc.) and specific means of research, which provided an opportunity to fully reveal individual areas of modernization of the institution of legal personality of the territorial community in the conditions of the present and post-war development of Ukraine. In the publication, through the prism of modernization of the legal personality of territorial communities in Ukraine, based on the experience of European states, directions for improving the implementation of the right to local self-government are proposed. The subject composition of the implementation of the right to local self-government in Ukraine is analyzed. The provisions of EU law regarding the participation of foreigners in municipal elections in EU member states have been studied. Legislative proposals on improving the active right to vote in local elections in Ukraine have been formulated. The new version of the provisions of the Election Code of Ukraine will contribute to the post-war revival of Ukraine, the growth of its economic and geopolitical power.
Keywords: territorial community; local self-government; legal personality of the territorial community; local elections.
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