Innovative component of municipal legal policy: problems of formation and prospects of further development

Author:

Petryshyna Maryna1

Affiliation:

1. PhD in Law, associate professor, Leading researcher of the Scientific and Research Institute of Providing Legal Framework for the Innovative Development of the NALS of Ukraine

Abstract

Problem setting. This article is devoted to the study of the problems of formation and implementation of municipal legal policy. The innovative component of municipal legal policy is studied in relation to the essence of this political and legal phenomenon, as well as the elemental composition of this direction of legal policy. Attention is drawn to the tools and means of the municipal legal policy, in particular, those that are innovation-oriented. It is about the fact that municipal legal policy includes goal-oriented and coordinated activities of state authorities, local self-government bodies and officials, civil society institutions, territorial communities and individual citizens, which is carried out with a common goal and within the rules and orders prescribed by current legislative acts, and ultimately, orients society to the optimization of municipal legal regulation. Analysis of recent researches and publications. The issues related to the formation of the main directions and problems of implementation of municipal and municipal legal policy are poorly understood. At the same time, issues related to the formation of the State’s legal policy have repeatedly become the center of scientific discussions. Thus, issues related to the formation and implementation of the State legal policy were the focus of attention of such scholars as V. I. Andriyash, N. A. Zheleznyak, O. V. Skrypniuk, D. O. Tikhomirova, and others. Scientific research on certain aspects of municipal legal policy includes the works of O. Akhmerov, O. Batanov, V. Popovych, R. Hwan and others. Purpose of research is to study the main issues related to the formation and implementation of municipal legal policy, to highlight the innovative component of modern municipal legal policy, and also to clarify the role of local selfgovernment in the formation and implementation of innovation-oriented municipal legal policy in Ukraine. Article’s main body. It is established that despite the fact that the state still remains the leading actor in the field of municipal legal policy formation, local self-government bodies are increasingly integrated into the process of municipal legal policy formation and implementation on the local level. After all, the provision of the proper conditions aimed, first of all, at improving the process of formation and implementation of municipal legal policy, depends to a greater extend on the initiative and responsible territorial community, as well as on the local self-government bodies and officials, acting within the limits of the Constitution and laws of Ukraine, adapting decisions on local conditions and needs. The main problems of the path of post-war renovation of territories are identified, the importance of understanding the role of not only the state, but also regions in the process of post-war reconstruction and renovation of the territories, regions and the state as a whole is emphasized. Attention is drawn for the need of a radical revision of approaches of understanding, problems of the formation and implementation of municipal legal policy in Ukraine, taking into account objective factors and conditions. During martial law in Ukraine, it is impossible to meet all the conditions necessary for the comprehensive and consistent implementation of innovation-oriented municipal legal policy. At the same time, the creation of an infrastructural, resource, organizational and legal basis for the post-war successive implementation of the steps of innovation-oriented municipal legal policy is carried out mainly or thanks to the processes of municipal management, which is carried out, in particular, through the institution of local self-government. Conclusions and prospects for the development. Thus, despite the leading role of the state in the formation and implementation of municipal legal policy, the role and importance of local self-government in this process should not be underestimated. Today, local self-government acquires the status of one of the key agents in the formation and implementation of innovation-oriented municipal legal policy during martial law, as well as in the period of post-war reconstruction. Key words: state, innovation-oriented municipal legal policy, local self-government, municipal legal policy, post-war renovation.

Publisher

Scientific and Research Institute of Providing Legal Framework for the Innovative Development

Reference11 articles.

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3. Serohina, S. H., Bodrova, I. I. & Petryshyna, M. O. (2021). Municipal policy as a priority area of legal policy in the context of reforming the territorial organization of power and European Integration of Ukraine. Journal NALSU, 3, 129–143. doi: 10.37635/jnalsu.28(3).2021.129-143. Retrieved from: http://visnyk.kh.ua/uk/article/munitsipalnopravovapolitika-yak-prioritetny-napryamok-pravovovoyi-politiki-v-umovakh-reformuvannya-teritorialnoyiorganizatsiyivladi-ta-yevropeyskoyi-integratsiyi-ukrayini

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