乌克兰地方政府在婚姻状态下的条件

Bogdana Melnychenko, Marko Midyk
{"title":"乌克兰地方政府在婚姻状态下的条件","authors":"Bogdana Melnychenko, Marko Midyk","doi":"10.23939/law2023.38.137","DOIUrl":null,"url":null,"abstract":"The article analyzes the peculiarities of the functioning of local self-government in the conditions of martial law. It has been found that local self-government in Ukraine is a state-guaranteed right and real ability of a territorial community - residents of a village or a voluntary association of residents of several villages, towns, cities into a rural community - independently or under the responsibility of local self-government bodies and officials of local importance within the limits of the Constitution and laws of Ukraine. It was established that martial law is a special legal regime introduced in Ukraine or in some of its localities in the event of armed aggression or threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and to local self-government bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and a citizen and the rights and legitimate interests of legal persons with an indication of the period of validity of these restrictions. It is noted that in the territories where martial law has been introduced, in order to ensure the operation of the Constitution and laws of Ukraine, to ensure, together with the military command, the introduction and implementation of measures of the legal regime of martial law, defense, civil protection, public safety and order, protection of critical infrastructure, protection of rights, freedoms and legitimate interests of citizens, temporary state bodies - military administrations - can be formed. It was established that the creation of military administrations does not deprive local self-government bodies of their powers. It is indicated that local self-government in Ukraine demonstrated a significant level of efficiency when functioning under martial law. If it is necessary to solve a number of complex problems at the same time, the effectiveness of interaction between state authorities, the leadership of territorial communities and representatives of public and volunteer organizations remains high, which allows avoiding sharp crises in the process of ensuring the livelihood of communities. Last but not least, this situation is possible thanks to the 2014-2021 reform of power decentralization in Ukraine, which allowed a significant amount of powers and resources to be transferred «to places». Cooperation of local self-government bodies with international organizations is also a positive practice, which allows implementing joint development projects and sharing experience in various fields. It is emphasized that local self-government bodies play a major role in the creation of a state in modern Ukraine.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"33 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Local government in Ukraine under the conditions of marital state\",\"authors\":\"Bogdana Melnychenko, Marko Midyk\",\"doi\":\"10.23939/law2023.38.137\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article analyzes the peculiarities of the functioning of local self-government in the conditions of martial law. It has been found that local self-government in Ukraine is a state-guaranteed right and real ability of a territorial community - residents of a village or a voluntary association of residents of several villages, towns, cities into a rural community - independently or under the responsibility of local self-government bodies and officials of local importance within the limits of the Constitution and laws of Ukraine. It was established that martial law is a special legal regime introduced in Ukraine or in some of its localities in the event of armed aggression or threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and to local self-government bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and a citizen and the rights and legitimate interests of legal persons with an indication of the period of validity of these restrictions. It is noted that in the territories where martial law has been introduced, in order to ensure the operation of the Constitution and laws of Ukraine, to ensure, together with the military command, the introduction and implementation of measures of the legal regime of martial law, defense, civil protection, public safety and order, protection of critical infrastructure, protection of rights, freedoms and legitimate interests of citizens, temporary state bodies - military administrations - can be formed. It was established that the creation of military administrations does not deprive local self-government bodies of their powers. It is indicated that local self-government in Ukraine demonstrated a significant level of efficiency when functioning under martial law. If it is necessary to solve a number of complex problems at the same time, the effectiveness of interaction between state authorities, the leadership of territorial communities and representatives of public and volunteer organizations remains high, which allows avoiding sharp crises in the process of ensuring the livelihood of communities. Last but not least, this situation is possible thanks to the 2014-2021 reform of power decentralization in Ukraine, which allowed a significant amount of powers and resources to be transferred «to places». Cooperation of local self-government bodies with international organizations is also a positive practice, which allows implementing joint development projects and sharing experience in various fields. It is emphasized that local self-government bodies play a major role in the creation of a state in modern Ukraine.\",\"PeriodicalId\":490087,\"journal\":{\"name\":\"Вісник Національного університету \\\"Львівська політехніка\\\"\",\"volume\":\"33 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-06-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Вісник Національного університету \\\"Львівська політехніка\\\"\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.23939/law2023.38.137\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Вісник Національного університету \"Львівська політехніка\"","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.23939/law2023.38.137","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

本文分析了戒严条件下地方自治职能的特点。人们发现,乌克兰的地方自治是一个领土社区- -一个村庄的居民或几个村庄、城镇、城市的居民自愿联合成一个农村社区- -在乌克兰宪法和法律的范围内独立地或由地方自治机构和地方重要官员负责的一项国家保障的权利和真正能力。经确定,戒严法是在乌克兰或其某些地方发生武装侵略或受到攻击威胁,乌克兰的国家独立和领土完整受到威胁时实行的一种特别法律制度,规定为适当的国家当局、军事指挥、军事行政当局和地方自治机构提供避免威胁、击退武装侵略和确保国家安全所必需的权力,消除对乌克兰国家独立和领土完整的威胁,以及由于威胁而暂时限制个人和公民的宪法权利和自由以及法人的权利和合法利益,并说明这些限制的有效期限。注意到,在实行戒严的领土内,为了确保乌克兰宪法和法律的实施,与军事指挥部一道,确保戒严法律制度、国防、民防、公共安全和秩序、保护关键基础设施、保护公民的权利、自由和合法利益的措施的实行和执行,可以成立临时国家机构——军事管理机构。会议确定,建立军事行政当局并不剥夺地方自治机构的权力。报告指出,乌克兰地方自治政府在戒严法下运作时表现出相当高的效率。如果有必要同时解决一些复杂的问题,那么国家当局、地区社区的领导以及公共和志愿组织的代表之间相互作用的效率仍然很高,这可以避免在确保社区生计的过程中出现尖锐的危机。最后但并非最不重要的是,由于2014-2021年乌克兰权力下放改革,这种情况成为可能,这使得大量权力和资源被转移到“地方”。地方自治机构与国际组织的合作也是一种积极的做法,它使执行联合发展项目和分享各领域的经验成为可能。强调地方自治机构在现代乌克兰国家的建立中发挥着重要作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
Local government in Ukraine under the conditions of marital state
The article analyzes the peculiarities of the functioning of local self-government in the conditions of martial law. It has been found that local self-government in Ukraine is a state-guaranteed right and real ability of a territorial community - residents of a village or a voluntary association of residents of several villages, towns, cities into a rural community - independently or under the responsibility of local self-government bodies and officials of local importance within the limits of the Constitution and laws of Ukraine. It was established that martial law is a special legal regime introduced in Ukraine or in some of its localities in the event of armed aggression or threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and to local self-government bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and a citizen and the rights and legitimate interests of legal persons with an indication of the period of validity of these restrictions. It is noted that in the territories where martial law has been introduced, in order to ensure the operation of the Constitution and laws of Ukraine, to ensure, together with the military command, the introduction and implementation of measures of the legal regime of martial law, defense, civil protection, public safety and order, protection of critical infrastructure, protection of rights, freedoms and legitimate interests of citizens, temporary state bodies - military administrations - can be formed. It was established that the creation of military administrations does not deprive local self-government bodies of their powers. It is indicated that local self-government in Ukraine demonstrated a significant level of efficiency when functioning under martial law. If it is necessary to solve a number of complex problems at the same time, the effectiveness of interaction between state authorities, the leadership of territorial communities and representatives of public and volunteer organizations remains high, which allows avoiding sharp crises in the process of ensuring the livelihood of communities. Last but not least, this situation is possible thanks to the 2014-2021 reform of power decentralization in Ukraine, which allowed a significant amount of powers and resources to be transferred «to places». Cooperation of local self-government bodies with international organizations is also a positive practice, which allows implementing joint development projects and sharing experience in various fields. It is emphasized that local self-government bodies play a major role in the creation of a state in modern Ukraine.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
期刊最新文献
Codification of national labor legislation in the context of European integration Legal awareness and the national idea are the basis of a stable state and legal development of society Differences in the criminal law regulations of liability for fraud in the legislation of some foreign countries Local government in Ukraine under the conditions of marital state Ensuring the principle of the right to protection in Ukraine
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1