THE CONCEPT OF "MUNICIPAL MAN": MODIFICATION IN THE LIGHT OF MARTIME

Анотація

The article considers the practical aspects of the implementation of the concept of "municipal man" (homo municipalis) in the legislation on local self-government and in the practice of local self-government bodies of the country, as well as its modifications in light of martial law.
 It turns out that the concept of "municipal man" (homo municipalis), and, both in peacetime and in martial law and the actual conduct of hostilities has great methodological and praxeological potential for building and developing territorial human communities and improving the use of local government in a democratic state governed by the rule of law. It is, on the one hand, a harbinger of the formation and improvement of legal personality of each resident member of the local community, and on the other – a fundamental task of local government, carried out by local governments on behalf and in the interests of the local community.
 A systematic analysis of the relevant legislative array shows that the current modern military legislation of Ukraine is characterized not only by complete disregard for the goals and objectives of local self-government during martial law, but also by neutralizing or significantly reducing the powers of local governments – moreover, replacing the main entity exercise of such powers (they are transferred from local governments to territorial military administrations), which, in essence, disintegrates the concept of "municipal man" and its implementation in the practice of local governments.
 It is stated that the realities of today, as well as the important organizational, regulatory and managerial role of local governments within the territorial community in martial law determine changes in the position of the legislator to restore proper legal personality of local governments in the context of returning some powers to elected local actors. self-government, which marks the recognition and return to the concept of "municipal man" and its application in lawmaking and lawmaking.

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