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Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 15)

Publication Date:

Authors : ;

Page : 38-44

Keywords : municipal law; subject of legal regulation; method of legal regulation; branch of law; local self-government;

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In the article the author finds the place of municipal law among other branches of law of Ukraine, investigates his subject and methods. The author states that there are various definitions of municipal law. Some scholars define municipal law as an independent branch of law; others define municipal law as a complex branch of law, derived from other branches of law, and others like that. It is formulated the opinion that the field of municipal law should not be equated with the «right of local self-government». It is determined that local self-government is the material basis for the formation of municipal law. Municipal law regulates the relations that are drawn up in the field of implementation of local self-government, which are much wider than those that cover the «right of local self-government». It is established that in order to determine the autonomy of municipal law, it is necessary to investigate its subject and method (methods) of legal regulation. Analyzing the subject of municipal law, the author comes to the conclusion that this branch of law has a complex character. Public relations, which are the subject of municipal law, constitute a system of various relations that arise in the process of organization and implementation of local self-government. The article states that the priority method of municipal law is the imperative method, since the norms of this branch are regulated, first of all, by the relations of power, democracy, which mediates local self-government. Also separate in municipal law should be distinguished and dispositive method, which is mainly borrowed from the branches of private law and is used in the process of concluding agreements between local governments with other legal entities, as well as with state authorities. Among the methods of municipal law, scientists allocate methods of advice (advice) and declarations (proclamation of principles). The author formulates the conclusion that municipal law is an independent integrated branch of law that regulates a certain sphere of homogeneous relations that are related to the activity of rural, settlement, city councils, heads, bodies of self-organization of the population, relations connected with the realization by the territorial community of their rights, etc., and also has its methods of legal regulation (imperative, dispositive and methods of recommendations and declarations). It is determined that municipal law is a relatively new branch of law that develops and occupies a special place in the system of law of Ukraine along with other branches of law. The closest connection of municipal law exists with constitutional law. Also, municipal law is closely connected with other branches of law, in particular administrative, commercial, civil, labor, land, housing, etc.

Last modified: 2021-03-16 23:10:32