PRINCIPLES OF LOCAL GOVERNMENT: TERMINOLOGICAL ISSUES (PART TWO)

Abstract

The European Charter of Local Self-Government 1985 provides for a number of principles of local self-government that are important for compliance in Ukraine. Some of these principles are already included in national legislation, and they are declared principles of local self-government in Ukraine. Some are not yet. Mostly the scientists, that are specialists in the Ukrainian municipal law, do not write about these principles. That is why the author has used only the monographical works of B.V. Kalinovsky and S.V. Malikov. The author gives the overview of S.V. Malikov’s researches of the topic, and concludes: although the European Charter of Local Self-Government 1985 itself was studied by S.V. Malikov in more detail than the vast majority of Ukrainian authors – specialists in municipal law, precisely the principles of local self-government enshrined in it, he paid only relatively little attention. The author gives the overview of B.V. Kalinovsky’s researches of the topic, and concludes: he has correctly interpreted at least one of the principles of local self-government from the provisions of each of the articles of the first section of the European Charter of Local Self-Government 1985; the author counts 13 principles in total. Among these principles, 11 have been named; sometimes suggested B.V. Kalinovsky title of the principle is debatable, especially taking into account the provisions of the municipal legislation of Ukraine.