The System of Municipal Law of Ukraine: General Theoretical Aspect
Abstract
Scientific novelty. To date, in the legal science have not found their proper, complete, scientific and theoretical reflection of the system of municipal law of Ukraine. Structural elements of the system of municipal law of Ukraine, analysis of their legal nature, require their solid attention. Purpose. It seems that the level of scientific and theoretical research of this problem will have a direct consequence – increasing the effectiveness of the municipal law of Ukraine as a separate, independent branch of law. And accordingly, it will definitely contribute to the further dynamic development of an independent, democratic, legal, European Ukrainian state. As is known, an integral part of a developed state are strong regions, capable territorial communities, strong legal, material and financial basis of local self-government. On the basis of the research, the following conclusions were formulated: a) the system of municipal law of Ukraine is a holistic, logically constructed, structurally organized set of norms of municipal law of Ukraine, which dynamically develops directly depending on the progress of socio-economic and political conditions of life of a citizen, a territorial community, and other subjects of local self-government. The system of municipal law of Ukraine is dualistic: on the one hand it is manifested in the unity, consistency, interdependence between the norms of the municipal law of Ukraine, and on the other – their differentiation into the corresponding structural elements; b) the current system of municipal law of Ukraine includes such structural elements as: the principles of municipal law; the norms of municipal law; the institutes of municipal law and under of the municipal law branch is the municipal process; c) the institute of municipal law is the main systematically organizing component of the municipal law of Ukraine. The institute of municipal law of Ukraine is a set of functionally and institutionally interconnected norms of municipal law and, in some cases, legal norms of other branches of law, aimed at regulation and protection of historically formed homogeneous groups of social relations, which belong to the subject of municipal law of Ukraine.
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